,,ii #aafth ,,congress #b;d ,session ,s4 #dcbb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bg1 #bjbj,mr4 ,alexander introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to help ,americans safely get back to school and back to work1 and for other purposes4 #a4 ,short title2 ,table of contents 7a7 ,short title ,this ,act may be cited as the ,safely ,back to ,school and ,back to ,work ,act4 7b7 ,table of contents ,the table of contents is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,health provisions,sec4 #aja4 ,improving earlier access to diagnostic tests4,sec4 #ajb4 ,sustained on-shore manufacturing capacity for public health emergencies4,sec4 #ajc4 ,improving and sustaining ,state medical stockpiles4,sec4 #ajd4 ,strengthening the ,strategic ,national ,stockpile4,sec4 #aje4 ,guidance for ,states and ,indian ,tribes on accessing the ,strategic ,national ,stockpile4,sec4 #ajf4 ,modernizing infectious disease data collection4,sec4 #ajg4 ,centers for ,public ,health ,preparedness4,sec4 #ajh4 ,telehealth plans4,sec4 #aji4 ,protection of human genetic information4,sec4 #aaj4 ,reagan-,udall ,foundation and ,foundation for the ,national ,institutes of ,health4,,title ,,ii--,education provisions,sec4 #bja4 ,simplifying student loan repayment4,sec4 #bjb4 ,emergency education freedom grants4,sec4 #bjc4 ,back to ,work ,child ,care grants4,sec4 #bjd4 ,national emergency educational waivers4,sec4 #bje4 ,waivers for career1 technical1 and adult education4,sec4 #bjf4 ,additional workforce activities4,sec4 #bjg4 ,workforce recovery and training services4,sec4 #bjh4 ,impact ,aid provisions4,sec4 #bji4 ,amendments to education provisions of ,,cares4 ,i ,health provisions #aja4 ,improving earlier access to diagnostic tests ,section #cai;,d of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#d7 is amended by adding at the end the following3 7k7 ,improving diagnostic test1 treatment1 and vaccine research and development 7#a7 ,virus sample access ,not later than #ahj days after the date of enactment of this subsection1 the ,secretary shall1 in coordination with the ,director of the ,centers for ,disease ,control and ,prevention and the ,commissioner of ,food and ,drugs1 establish and make publicly available policies and procedures for public and private entities to access samples of specimens containing infectious disease agents1 or suitable surrogates or alternatives1 as appropriate1 that may support the development of products1 including the development of diagnostic tests1 treatments1 or vaccines1 to address emerging infectious diseases for biomedical research purposes1 and for use to otherwise respond to emerging infectious diseases1 as the ,secretary determines appropriate4 7#b7 ,guidance ,the ,secretary shall issue guidance regarding the procedures for carrying out paragraph 7#a71 including-- 7,a7 the method for requesting samples of specimens containing infectious disease agents2 7,b7 criteria for sample availability and use of suitable surrogates or alternatives1 as appropriate2 and 7,c7 information required to be provided in order to receive such samples or suitable surrogates or alternatives4 7#c7 ,earlier development of diagnostic tests ,the ,secretary1 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 may contract with public and private entities1 as appropriate1 to assist in the immediate and rapid development1 validation1 and dissemination of diagnostic tests1 as appropriate1 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 emergency4 7#d7 ,capacity planning for supply needs ,the ,secretary1 in coordination with the ,commissioner of ,food and ,drugs and the ,director of the ,centers for ,disease ,control and ,prevention1 shall1 as appropriate1 consult with medical product manufacturers1 suppliers1 and other relevant stakeholders1 as appropriate1 to-- 7,a7 identify specific supplies or components needed1 including specimen collection and transport materials1 reagents1 or other supplies related to the development1 validation1 or administration of a diagnostic test to detect an infectious disease for which an emergency use authorization is in effect under section #efd of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cfj;bbb-#c72 7,b7 identify projected demand for and availability of such supplies and communicate such information to medical product manufacturers1 suppliers1 and other relevant stakeholders during a public health emergency2 and 7,c7 support activities to increase the availability of such supplies or alternative products that may be appropriately substituted for such supplies during a public health emergency4 4 #ajb4 ,sustained on-shore manufacturing capacity for public health emergencies 7a7 ,in general ,section #cai,l of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#g;e7 is amended-- 7#a7 in subsection 7a77#f77;,b7-- 7,a7 by redesignating clauses 7iv7 and 7v7 as clauses 7v7 and 7vi71 respectively2 7,b7 by inserting after clause 7iii71 the following3 7iv7 activities to support domestic manufacturing surge capacity of products or platform technologies1 including manufacturing capacity and capabilities to utilize platform technologies to provide for flexible manufacturing initiatives2 2 and 7,c7 in clause 7vi7 7as so redesignated71 by inserting manufacture1 after improvement12 7#b7 in subsection 7b7-- 7,a7 in the first sentence of paragraph 7#a71 by inserting support for domestic manufacturing surge capacity1 after initiatives for innovation12 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,b71 by striking and at the end2 7ii7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7iii7 by inserting after subparagraph 7,b71 the following3 7,c7 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 security2 and 2 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,c71 by striking and at the end2 7ii7 in subparagraph 7,d71 by striking the period and inserting 2 and2 and 7iii7 by adding at the end the following3 7,e7 promoting domestic manufacturing surge capacity and capabilities for countermeasure advanced research and development1 including facilitating contracts to support flexible or surge manufacturing4 2 7,b7 in paragraph 7#d7-- 7i7 in subparagraph 7,b7-- 7,i7 in clause 7iii71 by striking and at the end2 7,,ii7 in clause 7iv71 by striking the period and inserting 2 and2 and 7,,iii7 by adding at the end the following3 7v7 support and maintain domestic manufacturing surge capacity and capabilities1 including through contracts to support flexible or surge manufacturing1 to ensure that additional production of countermeasures is available in the event that the ,secretary determines there is such a need for additional production4 2 7ii7 in subparagraph 7,d7-- 7,i7 in clause 7ii71 by striking and at the end2 7,,ii7 by redesignating clause 7iii7 as clause 7iv72 and 7,,iii7 by inserting after clause 7ii7 the following3 7iii7 research to advance manufacturing capacities and capabilities for medical countermeasures and platform technologies that may be utilized for medical countermeasures2 and 2 and 7iii7 in subparagraph 7,e71 by striking clause 7ix72 and 7,c7 in paragraph 7#g77;,c77i71 by striking up to #ajj highly qualified individuals1 or up to #ej percent of the total number of employees1 whichever is less1 and inserting #ge percent of the total number of employees2 7#d7 in subsection 7e77#a7-- 7,a7 by redesignating subparagraphs 7,b7 through 7,d7 as subparagraphs 7,c7 through 7,e71 respectively2 and 7,b7 by inserting after subparagraph 7,a71 the following3 7,b7 ,temporary flexibility ,during a public health emergency under section #cai1 the ,secretary shall be provided with an additional #fj business days to comply with information requests for the disclosure of information under section #eeb of title #e1 ,united ,states ,code1 related to the activities under this section 7unless such activities are otherwise exempt under subparagraph 7,a774 2 and 7#e7 in subsection 7f7-- 7,a7 in paragraph 7#a71 by striking ,not later than #ahj days after the date of enactment of this subsection and inserting ,not later than #ahj days after the date of enactment of the ,safely ,back to ,school and ,back to ,work ,act2 and 7,b7 in paragraph 7#b71 by striking ,not later than #a year after the date of enactment of this subsection and inserting ,not later than #a year after the date of enactment of the ,safely ,back to ,school and ,back to ,work ,act4 7b7 ,medical ,countermeasure ,innovation ,partner ,the restrictions under section #bjb of division ,a of the ,further ,consolidated ,appropriations ,act1 #bjbj 7,public ,law #aaf-id71 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 ,services1 shall not apply with respect to salaries paid pursuant to an agreement under the medical countermeasure innovation partner program under section #cai,l7c77#d77;,e7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#g;e7c77#d77;,e774 #ajc4 ,improving and sustaining ,state medical stockpiles ,section #cai;,f-#b of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;b7 is amended by adding at the end the following3 7i7 ,improving and maintaining ,state medical stockpiles 7#a7 ,in general ,the ,secretary1 acting through the ,assistant ,secretary for ,preparedness and ,response1 shall award grants1 contracts1 or cooperative agreements to eligible entities to maintain a stockpile of appropriate drugs1 vaccines and other biological products1 medical devices1 and other medical supplies 7including personal protective equipment1 ancillary medical supplies1 and other applicable supplies required for the administration of drugs1 vaccines and other biological products1 medical devices1 and diagnostic tests7 to be used during a public health emergency declared by the ,governor of a ,state or by the ,secretary under section #cai1 or a major disaster or emergency declared by the ,president under section #dja or #eja1 respectively1 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act1 in order to support the preparedness goals described in paragraphs 7#b71 7#c71 and 7#h7 of section #bhjb7;b74 7#b7 ,eligible entities 7,a7 ,in general ,to be eligible to receive an award under paragraph 7#a71 an entity shall-- 7i7 be a ,state or consortium of ,states that is a recipient of an award under section #cai;,c-#a7;b72 and 7ii7 prepare1 in consultation with appropriate health care providers and health officials within the ,state or consortium of ,states1 and submit to the ,secretary an application that contains such information as the ,secretary may require1 including a plan for the ,state stockpile and a description of the activities such entity will carry out under the agreement1 consistent with the requirements of paragraph 7#c74 7,b7 ,limitation ,the ,secretary may make an award under this subsection to not more than one eligible entity in each ,state4 7,c7 ,supplement not supplant ,awards1 contracts1 or grants awarded under this subsection shall supplement1 not supplant1 the reserve amounts of medical supplies procured by and for the ,strategic ,national ,stockpile under subsection 7a74 7,d7 ,administrative expenses ,not more than #e percent of amounts received by an entity pursuant to an award under this subsection may be used for administrative expenses4 7,e7 ,clarification ,an eligible entity receiving an award under this subsection may assign a lead entity to manage the ,state stockpile1 which may be a recipient of an award under section #cai;,c-#b7;b74 7,f7 ,requirement of matching funds 7i7 ,in general ,subject to clause 7ii71 the ,secretary may not make an award under this subsection unless the applicant agrees1 with respect to the costs to be incurred by the applicant in carrying out the purpose described in this subsection1 to make available non-,federal contributions toward such costs in an amount equal to-- 7,i7 for each of fiscal years #bjbc and #bjbd1 not less than #a for each #aj of ,federal funds provided in the award2 7,,ii7 for each of fiscal years #bjbe and #bjbf1 not less than #a for each #e of ,federal funds provided in the award2 and 7,,iii7 for fiscal year #bjbg and each fiscal year thereafter1 not less than #a for each #c of ,federal funds provided in the award4 7ii7 ,waiver 7,i7 ,in general ,the ,secretary may1 upon the request of a ,state1 waive the requirement under clause 7i7 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 waiver4 7,,ii7 ,applicability of waiver ,a waiver provided by the ,secretary under this subparagraph shall apply only to the fiscal year involved4 7#c7 ,stockpiling activities and requirements ,a recipient of a grant1 contract1 or cooperative agreement under this subsection shall use such funds to carry out the following3 7,a7 ,maintaining a stockpile of appropriate drugs1 vaccines and other biological products1 medical devices1 and other supplies 7including personal protective equipment1 ancillary medical supplies1 and other applicable supplies required for the administration of drugs1 vaccines and other biological products1 medical devices1 and diagnostic tests7 to be used during a public health emergency in such numbers1 types1 and amounts as the ,state determines necessary1 consistent with such ,state's stockpile plan4 ,such a recipient may not use funds to support the stockpiling of countermeasures as defined under subsection 7c71 unless the eligible entity provides justification for maintaining such products and the ,secretary determines such appropriate and applicable4 7,b7 ,deploying the stockpile as required by the ,state to respond to an actual or potential public health emergency4 7,c7 ,replenishing and making necessary additions or modifications to the contents of such stockpile or stockpiles1 including to address potential depletion4 7,d7 ,in consultation with ,federal1 ,state1 and local officials1 take into consideration the availability1 deployment1 dispensing1 and administration requirements of medical products within the stockpile4 7,e7 ,ensuring that procedures are followed for inventory management and accounting1 and for the physical security of the stockpile1 as appropriate4 7,f7 ,reviewing and revising1 as appropriate1 the contents of the stockpile on a regular basis to ensure that to the extent practicable1 advanced technologies and medical products are considered4 7,g7 ,carrying out exercises1 drills1 and other training for purposes of stockpile deployment1 dispensing1 and administration of medical products1 and for purposes of assessing the capability of such stockpile to address the medical supply needs of public health emergencies of varying types and scales1 which may be conducted in accordance with requirements related to exercises1 drills1 and other training for recipients of awards under section #cai;,c-#a or #cai;,c-#b1 as applicable4 7,h7 ,carrying out other activities as the ,state determines appropriate1 to support ,state efforts to prepare for1 and respond to1 public health threats4 7#d7 ,state plan coordination ,the eligible entity under this subsection shall ensure appropriate coordination of the ,state stockpile plan developed pursuant to paragraph 7#b77;,a77ii7 and the plans required pursuant to section #cai;,c-#a4 7#e7 ,guidance for ,states ,not later than #ahj days after the date of enactment of this subsection1 the ,secretary1 acting through the ,assistant ,secretary for ,preparedness and ,response1 shall issue guidance for ,states related to maintaining and replenishing a stockpile of medical products4 ,the ,secretary shall update such guidance as appropriate4 7#f7 ,assistance to ,states ,the ,secretary shall provide assistance to ,states1 including technical assistance1 as appropriate1 to maintain and improve ,state and local public health preparedness capabilities to distribute and dispense medical products from a ,state stockpile4 7#g7 ,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 7#b77;,a77ii7 contains such information as the ,secretary may require related to current inventory of supplies maintained pursuant to paragraph 7#c71 and any plans to replenish such supplies1 or procure new or alternative supplies4 ,the ,secretary shall use information obtained from ,state stockpile plans to inform the maintenance and management of the ,strategic ,national ,stockpile pursuant to subsection 7a74 7#h7 ,performance and accountability 7,a7 ,in general ,the ,secretary1 acting through the ,assistant ,secretary for ,preparedness and ,response1 shall develop and implement a process to review and audit entities in receipt of an award under this subsection1 including by establishing metrics to ensure that each entity receiving such an award is carrying out activities in accordance with the applicable ,state stockpile plan4 ,the ,secretary may require entities to-- 7i7 measure progress toward achieving the outcome goals2 and 7ii7 at least annually1 test1 exercise1 and rigorously evaluate the stockpile capacity and response capabilities of the entity1 and report to the ,secretary on the results of such test1 exercise1 and evaluation1 and on progress toward achieving outcome goals1 based on criteria established by the ,secretary4 7,b7 ,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 subsection4 ,such process shall provide such entities with the opportunity to correct such noncompliance4 ,an entity that fails to correct such noncompliance shall be subject to subparagraph 7,c74 7,c7 ,withholding of certain amounts from entities that fail to achieve benchmarks or submit ,state stockpile plan ,beginning with fiscal year #bjbb1 and in each succeeding fiscal year1 the ,secretary shall withhold from each entity that has failed substantially to meet the terms of an award under this subsection for at least #a of the #b immediately preceding fiscal years 7beginning with fiscal year #bjbb71 the amount allowed for administrative expenses described in described in paragraph 7#b77;,d74 7#i7 ,authorization of appropriations ,for the purpose of carrying out this subsection1 there are authorized to be appropriated #a1jjj1jjj1jjj for each of fiscal years #bjba through #bjcj1 to remain available until expended4 4 #ajd4 ,strengthening the ,strategic ,national ,stockpile ,section #cai;,f-#b of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;b7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b77;,a71 by adding and the contracts issued under paragraph 7#e7 after paragraph 7#a72 7,b7 in paragraph 7#c77;,f71 by striking ,secretary of ,homeland ,security and inserting ,secretary of ,health and ,human ,services1 in coordination with or at the request of1 the ,secretary of ,homeland ,security12 7,c7 by redesignating paragraph 7#e7 as paragraph 7#f72 7,d7 by inserting after paragraph 7#d7 the following3 7#e7 ,surge capacity ,the ,secretary1 in maintaining the stockpile under paragraph 7#a7 and carrying out procedures under paragraph 7#c71 may-- 7,a7 enter into contracts or cooperative agreements with vendors for procurement1 maintenance1 and storage of reserve amounts of drugs1 vaccines and other biological products1 medical devices1 and other medical supplies 7including personal protective equipment1 ancillary medical supplies1 and other applicable supplies required for the administration of drugs1 vaccines and other biological products1 medical devices1 and diagnostic tests in the stockpile71 under such terms and conditions 7including quantity1 production schedule1 maintenance costs1 and price of product7 as the ,secretary may specify1 including for purposes of-- 7i7 maintenance and storage of reserve amounts of products intended to be delivered to the ownership of the ,federal ,government under the contract1 which may consider costs of shipping1 or otherwise transporting1 handling1 storage1 and related costs for such product or products2 and 7ii7 maintaining domestic manufacturing capacity of such products to ensure additional reserved production capacity of such products is available1 and that such products are provided in a timely manner1 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 product2 and 7,b7 promulgate such regulations as the ,secretary determines necessary to implement this paragraph4 2 and 7,e7 in subparagraph 7,a7 of paragraph 7#f71 as so redesignated-- 7i7 in clause 7viii71 by striking 2 and and inserting a semicolon2 7ii7 in clause 7ix71 by striking the period and inserting 2 and2 and 7iii7 by adding at the end the following3 7x7 an assessment of the contracts or cooperative agreements entered into pursuant to paragraph 7#e74 2 and 7#b7 in subsection 7c77#b77;,c71 by striking on an annual basis and inserting not later than ,march #ae of each year4 #aje4 ,guidance for ,states and ,indian tribes on accessing the ,strategic ,national ,stockpile ,not later than #ae days after the date of enactment of this ,act1 for purposes of the public health emergency declared by the ,secretary pursuant to section #cai of the ,public ,health ,service ,act on ,january #ca1 #bjbj1 with respect to ,,covid-#ai1 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 #cai;,f-#b of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;b7 to ,states1 localities1 territories1 and ,indian tribes and tribal organizations 7as defined under section #d of the ,indian ,self-,determination and ,education ,assistance ,act74 ,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 decisions4 #ajf4 ,modernizing infectious disease data collection 7a7 ,improving infectious disease data collection ,section #cai;,d of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#d7 is amended-- 7#a7 in subsection 7c7-- 7,a7 in paragraph 7#c77;,a77iv71 by inserting 7such as commercial1 academic1 and other hospital laboratories7 after clinical laboratories2 7,b7 in paragraph 7#e7-- 7i7 in subparagraph 7,a7-- 7,i7 in the matter preceding clause 7i71 by striking and operating and inserting 1 operating1 and updating2 7,,ii7 in clause 7iv71 by striking and at the end2 7,,iii7 in clause 7v71 by striking the period and inserting 2 and2 and 7,,iv7 by adding at the end the following3 7vi7 integrate and update applicable existing ,centers for ,disease ,control and ,prevention data systems and networks in collaboration with ,state1 local1 tribal1 and territorial public health officials1 including public health surveillance and disease detection systems4 2 and 7ii7 in subparagraph 7,b7-- 7,i7 in clause 7i71 by inserting and #fj days after the date of enactment of the ,safely ,back to ,school and ,back to ,work ,act after ,innovation ,act of #bjah2 7,,ii7 in clause 7ii71 by inserting epidemiologists1 clinical microbiologists1 pathologists and laboratory experts1 experts in health information technology1 privacy1 and data security after forecasting722 and 7,,iii7 in clause 7iii7-- 7aa7 in subclause 7,v71 by striking and at the end2 7bb7 in subclause 7,,vi71 by striking the period2 and 7cc7 by adding at the end the following3 7,,vii7 strategies to integrate laboratory and epidemiology systems and capabilities to conduct rapid and accurate laboratory tests2 7,,viii7 strategies to improve the collection and reporting of appropriate1 aggregated1 deidentified demographic data to inform responses to public health emergencies1 including identification of at-risk populations and to address health disparities2 and 7,,ix7 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 surveillance4 2 and 7,c7 in paragraph 7#f7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7iii7-- 7aa7 in subclause 7,,iii71 by striking and at the end2 7bb7 in subclause 7,,iv71 by inserting 1 including the ability to conduct and report on rapid and accurate laboratory testing during a public health emergency before the semicolon2 and 7cc7 by adding at the end the following3 7,v7 improve coordination and collaboration1 as appropriate1 with other ,federal departments2 and 7,,vi7 implement applicable lessons learned from recent public health emergencies to address gaps in situational awareness and biosurveillance capabilities1 including an evaluation of ways to improve the collection and reporting of aggregated1 deidentified demographic data to inform public health preparedness and response 2 7,,ii7 in clause 7iv71 by striking and at the end2 7,,iii7 in clause 7v71 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 threats2 and2 and 7,,iv7 by adding at the end the following3 7vi7 identifies and demonstrates measurable steps the ,secretary will take to further develop and integrate infectious disease detection1 including expanding capabilities to conduct rapid and accurate diagnostic laboratory testing during a public health emergency1 and improve coordination and collaboration with ,state1 local1 ,tribal1 and territorial public health officials1 clinical laboratories 7including commercial1 hospital and academic laboratories71 and other entities with expertise in public health surveillance4 2 and 7ii7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 and 7iii7 by inserting after subparagraph 7,a71 the following3 7,b7 ,reports 7i7 ,in general ,not later than #a month after date of enactment of the ,safely ,back to ,school and ,back to ,work ,act1 and as provided for in clause 7ii71 the ,secretary shall submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives1 a report on the status of the ,department of ,health and ,human ,services' biosurveillance modernization and assessment progress with respect to emerging infectious disease threats4 7ii7 ,additional reports ,during the #b-year period beginning on the date of enactment of the ,safely ,back to ,school and ,back to ,work ,act1 the ,secretary shall provide additional reports under clause 7i7 every #ij days after the submission of the initial report under such clause4 ,the ,secretary shall provide such reports annually thereafter4 ,the ,secretary may provide such additional reports less frequently1 but not less frequently than every #ahj days1 during an ongoing public health emergency or another significant infectious disease outbreak4 2 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#b77;,c71 by inserting 1 including any public-private partnerships entered into to improve such capacity before the semicolon2 and 7,b7 in paragraph 7#c7-- 7i7 in subparagraph 7,b71 by striking and at the end2 7ii7 in subparagraph 7,c71 by striking the period and inserting 2 and2 and 7iii7 by adding at the end the following3 7,d7 may establish1 enhance1 or maintain a system or network for the collection of data to provide for early detection of infectious disease outbreaks1 near real-time access to relevant electronic data and integration of electronic data and information from public health and other appropriate sources1 such as laboratories1 hospitals1 and epidemiology systems1 to enhance the capability to conduct rapid and accurate diagnostic laboratory tests to provide for disease detection4 2 7#c7 in subsection 7f77#a77;,a71 by inserting pathologists1 clinical microbiologists1 laboratory professionals1 epidemiologists1 after forecasting712 and 7#d7 in subsection 7h71 by adding at the end the following3 ,such evaluation shall include identification of any gaps in biosurveillance and situational awareness capabilities identified related to recent public health emergencies1 any immediate steps taken to address such gaps1 and any long-term plans to address such gaps1 including steps related to activities authorized under this section44 7b7 ,national health security strategy ,section #bhjb7;b77#b7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;hh-#a7;b77#b77 is amended-- 7#a7 in subparagraph 7,a71 by inserting such as by integrating laboratory and epidemiology systems and capability to conduct rapid and accurate laboratory tests1 after detection1 identification12 and 7#b7 in subparagraph 7,b71 by inserting laboratory testing1 after services and supplies14 7c7 ,epidemiology-,laboratory capacity grants ,section #bhba7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;hh-#ca7;a77 is amended-- 7#a7 in paragraph 7#c71 by striking and2 7#b7 in paragraph 7#d71 by striking the period and inserting 2 and2 and 7#c7 by adding at the end the following3 7#e7 supporting activities of ,state and local public health departments related to biosurveillance and disease detection1 which may include activities related to section #cai;,d1 as appropriate4 4 #ajg4 ,centers for public health preparedness 7a7 ,in general ,subpart ,b of title ,,iii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdc et seq47 is amended by inserting after section #cai;,f-#d the following3 #cai;,f-#e4 ,centers for public health preparedness 7a7 ,in general ,the ,secretary may award grants1 contracts1 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 7referred to in this section as ,centers74 7b7 ,use of funds ,centers established or supported under this section shall-- 7#a7 advance the awareness of public health officials1 health care professionals1 and the public1 with respect to information and research related to public health preparedness and response1 including for chemical1 biological1 radiological1 and nuclear threats1 including emerging infectious diseases1 and epidemiology of emerging infectious diseases2 7#b7 identify and translate promising research findings or practices into evidence-based practices to inform preparedness for1 and responses to1 a chemical1 biological1 radiological1 or nuclear agent1 including naturally occurring infectious diseases2 7#c7 expand activities1 including through public-private partnerships1 as appropriate1 related to public health preparedness and response1 including participation in drills and exercises and training public health experts1 as appropriate2 and 7#d7 provide technical assistance and expertise1 as applicable1 during public health emergencies1 including for emerging infectious disease threats1 which may include identifying and communicating evidence on the impacts of such threats on at-risk populations4 7c7 ,requirements ,to be eligible for an award under this section1 an entity shall submit to the ,secretary an application containing such information as the ,secretary may require1 including a description of how the entity will-- 7#a7 coordinate activities with ,state1 local1 and tribal health departments1 hospitals1 and health care coalitions1 including recipients of awards under section #cai;,c-#a1 #cai;,c-#b1 or #cai;,c-#c1 in order to improve preparedness1 integrate capabilities and functions1 and reduce duplication2 and 7#b7 prioritize efforts to implement evidence-based practices to improve public health preparedness and reduce the spread of emerging infectious disease threats4 7d7 ,distribution of awards ,in awarding grants1 contracts1 or cooperative agreements under this section1 the ,secretary shall support not fewer than #aj regional centers for public health preparedness1 subject to the availability of appropriations4 7e7 ,authorization ,for purposes of carrying out this section1 there are authorized to be appropriated such sums as may be necessary for each of fiscal years #bjba through #bjbe4 4 7b7 ,conforming changes ,section #cai;,f of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f7 is amended-- 7#a7 by striking subsection 7d72 and 7#b7 by redesignating subsections 7e7 and 7f7 as subsections 7d7 and 7e71 respectively4 #ajh4 ,telehealth plans 7a7 ,,phsa ,title ,,xxvii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg et seq47 is amended-- 7#a7 in section #bgbb7;c7 7#db ,u4,s4,c4 #cjj;gg-#ba7;c771 by adding at the end the following3 7#d7 ,telehealth benefits 7,a7 ,in general ,the requirements of subparts ,i and ,,ii 7except section #bgjd 7relating to the prohibition of preexisting condition exclusions or other discrimination based on health status71 section #bgje 7relating to prohibition of discrimination against individual participants and beneficiaries based on health status71 section #bgab 7relating to prohibition of rescissions72 and section #bgbf 7relating to parity in mental health or substance use disorder benefits7 and as provided by the ,secretary in guidance7 shall not apply to any group health plan 7or group health insurance coverage7 offered by a large employer in relation to its provision of excepted benefits described in section #bgia7;c77#e7 if the benefits-- 7i7 are provided in accordance with guidance issued by the ,secretary2 and 7ii7 are made available only to employees 7and dependents of such employees7 who are not eligible for another group health plan or group health insurance coverage offered by the employer offering such benefits described in section #bgia7;c77#e74 7,b7 ,sunset ,this paragraph shall have no force or effect with respect to plan years beginning on or after the later of-- 7i7 ,january #a1 #bjbb2 or 7ii7 the date on which the public health emergency declared by the ,secretary under section #cai1 on ,january #ca1 #bjbj1 with respect to ,,covid-#ai ends4 2 and 7#b7 in section #bgia7;c7 7#db ,u4,s4,c4 #cjj;gg-#ia7;c771 by adding at the end the following3 7#e7 ,benefits for telehealth services only 7,a7 ,in general ,benefits for telehealth services and other remote care services only1 as specified in the guidance entitled1 ,f,a,qs about ,families ,first ,coronavirus ,response ,act and ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act ,implementation ,part #dc1 issued by the ,secretary1 the ,secretary of ,labor1 and the ,secretary of the ,treasury on ,june #bc1 #bjbj 7or any successor guidance74 7,b7 ,sunset ,this paragraph shall have no force or effect with respect to plan years beginning on or after the later of-- 7i7 ,january #a1 #bjbb2 or 7ii7 the date on which the public health emergency declared by the ,secretary under section #cai1 on ,january #ca1 #bjbj1 with respect to ,,covid-#ai ends4 4 7b7 ,application under ,,erisa and the ,,irc ,section #bgbb7;c77#d7 of the ,public ,health ,service ,act 7as amended by subsection 7a77 shall apply to group health plans and health insurance issuers providing health insurance coverage in connection with group health plans pursuant to part #g of subtitle ,b of title ,i of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aaha et seq471 and pursuant to chapter #ajj of subtitle ,k of the ,internal ,revenue ,code of #aihf1 as though such section #bgbb7;c77#d7 were included in such part and such chapter1 respectively4 7c7 ,implementation ,the ,secretary of ,health and ,human ,services1 the ,secretary of ,labor1 and the ,secretary of the ,treasury may implement the provisions of this section1 including the amendments made by this section1 through sub-regulatory guidance1 program instruction1 or otherwise4 #aji4 ,protection of human genetic information 7a7 ,in general ,notwithstanding any other provision of law1 the ,secretary of ,health and ,human ,services shall ensure that no person may collect1 store1 analyze1 disseminate1 or otherwise make use of1 or benefit from1 any human genetic information collected as a result of diagnostic and serologic testing for ,,covid-#ai1 for any incidental use1 or any reason other than such diagnostic or serologic testing1 except with the express1 written1 informed consent of the individual being tested4 7b7 ,enforcement ,any person who violates subsection 7a7 shall be subject to a civil monetary penalty of not more than #ajj for each such violation4 7c7 ,definitions ,in this section-- 7#a7 the term genetic information has the meaning given such term in section #afj4ajc of title #de1 ,code of ,federal ,regulations 7or any successor regulations72 and 7#b7 the term incidental means any action taken by any person1 directly or indirectly1 to obtain genetic information from an individual1 for any purpose1 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 incapacitated1 or if the individual is deceased1 the individual's next of kin4 #aaj4 ,reagan-,udall ,foundation and ,foundation for the ,national ,institutes of ,health 7a7 ,reagan-,udall ,foundation for the ,food and ,drug ,administration ,section #ggj7n7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cgi;dd7n77 is amended by striking #ejj1jjj and not more than #a1bej1jjj and inserting #a1bej1jjj and not more than #e1jjj1jjj4 7b7 ,foundation for the ,national ,institutes of ,health ,section #dii7l7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;b7l77 is amended by striking #ejj1jjj and not more than #a1bej1jjj and inserting #a1bej1jjj and not more than #e1jjj1jjj4 ,,ii ,education provisions #bja4 ,simplifying student loan repayment 7a7 ,in general ,section #dee of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7 is amended-- 7#a7 in subsection 7d77#a7-- 7,a7 in subparagraph 7,d71 by striking and after the semicolon2 7,b7 in subparagraph 7,e71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,f7 notwithstanding any other provision of law1 in the case of a loan described in subsection 7a7 that enters repayment on or after ,october #a1 #bjbj1 or for which a borrower seeks to change to a different repayment plan on or after ,october #a1 #bjbj1 only a repayment plan described in subsection 7r74 2 and 7#b7 by adding at the end the following3 7r7 ,repayment 7#a7 ,in general ,for loans described under subsection 7a7 that enter repayment on or after ,october #a1 #bjbj1 or for which the borrower seeks to change to a different repayment plan on or after ,october #a1 #bjbj1 only the following repayment options shall be made available3 7,a7 ,a standard repayment plan1 with a fixed annual repayment amount paid over a fixed period of time1 not to exceed #aj years4 7,b7 ,an income determined repayment plan1 with an annual repayment amount in the amount determined in accordance with paragraph 7#b74 7#b7 ,income determined repayment plans 7,a7 ,in general ,an income determined repayment plan under paragraph 7#a77;,b7 shall require a borrower to pay an amount equal to #aj percent of the result obtained by calculating1 on at least an annual basis1 the amount by which-- 7i7 the borrower's1 and the borrower's spouse's 7if applicable71 adjusted gross income2 exceeds 7ii7 #aej percent of the poverty line applicable to the borrower's family size as determined under section #fgc7b7 of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb7b774 7,b7 ,exceptions 7i7 ,reduction for certain borrowers ,for a borrower1 and the borrower's spouse 7if applicable71 whose adjusted gross income exceeds #hjj percent of the poverty line applicable to the borrower's family size as determined under section #fgc7b7 of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb7b771 the percentage amount calculated under subparagraph 7,a77ii7 shall decrease by #e percent for each percentage point that the borrower's adjusted gross income exceeds #hjj percent until the percentage amount calculated under subparagraph 7,a77ii7 is zero4 7ii7 ,unavailability to certain borrowers ,the plan described in paragraph 7#a77;,b7 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 ,loan1 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 student4 7,c7 ,repayment period ,the amount of time a borrower is permitted to repay such loans under paragraph 7#a77;,b7 may exceed #aj years4 7,d7 ,loan forgiveness 7i7 ,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 7#a77;,b7-- 7,i7 for any undergraduate borrower who has made payments under such plan for #bj years2 or 7,,ii7 for any graduate borrower who has made payments under such plan for #be years4 7ii7 ,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 7i74 7#c7 ,monthly payments ,the ,secretary shall determine the borrower's monthly payment obligation to satisfy the payment amount determined in accordance with subparagraphs 7,a7 or 7,b7 of paragraph 7#a74 7#d7 ,borrower choice ,a borrower who is repaying a loan under paragraph 7#a77;,b7 may elect1 at any time1 to terminate repayment pursuant to the income determined repayment plan and repay such loan under the standard repayment plan under paragraph 7#a77;,a74 4 7b7 ,public service loan forgiveness rules for income-,determined repayment plans ,section #dee7m7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7m77 is amended-- 7#a7 in paragraph 7#a77;,a7-- 7,a7 in clause 7iii71 by striking or after the semicolon2 7,b7 in clause 7iv71 by striking 2 and and inserting 2 or2 and 7,c7 by adding at the end the following3 7v7 payments under an income determined repayment plan or a standard repayment plan under subsection 7r71 except as provided in paragraph 7#c72 and 2 7#b7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#d7 and 7#e71 respectively2 and 7#c7 by inserting after paragraph 7#b7 the following3 7#c7 ,exception 7,a7 ,in general ,to be eligible for loan cancellation under this subsection1 a borrower who elects an income determined repayment plan under subsection 7r7 shall remain in such plan for the duration of repayment until such loan is cancelled4 7,b7 ,required notification and acknowledgment 7i7 ,notification ,if a borrower who has elected an income determined repayment plan under subsection 7r7 subsequently indicates that the borrower wishes to change repayment plans1 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 #abj monthly payments required for loan cancellation under this subsection4 7ii7 ,acknowledgment ,the ,secretary shall require acknowledgment of receipt of the notification under clause 7i7 from any borrower who has elected an income determined repayment plan under subsection 7r7 and subsequently indicates that the borrower wishes to change repayment plans4 4 7c7 ,certification 7#a7 ,in general ,notwithstanding any other provision of law1 a borrower of a loan made1 insured1 or guaranteed under part ,b or ,d of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajga et seq42 #ajhg;a et seq47 wishing to enter into an income determined repayment plan1 as defined in section #dee7r7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7r77 may self-certify that the borrower is unemployed for the purposes of determining a zero payment4 7#b7 ,termination ,this subsection shall have no effect after ,december #ca1 #bjbj4 7#c7 ,audit 7,a7 ,in general ,not later than ,december #ca1 #bjba1 the ,secretary of ,education shall select a portion of borrowers who self certify under paragraph 7#a7 in order to determine the validity of those self-certifications4 7,b7 ,notice ,the ,secretary of ,education shall inform each borrower who selects to self certify under paragraph 7#a7 that the ,secretary may audit the borrower's self-certification4 7#d7 ,exemption ,notwithstanding any other provisions of law1 the provisions of this section shall not be subject to negotiated rulemaking as defined in section #dib of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajih;a74 #bjb4 ,emergency education freedom grants 7a7 ,definitions ,in this section3 7#a7 ,eligible scholarship-granting organization ,the term eligible scholarship-granting organization means-- 7,a7 an organization that-- 7i7 is described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under section #eja7;a7 of such ,code2 7ii7 provides qualifying scholarships to individual elementary and secondary students who-- 7,i7 reside in the ,state in which the eligible scholarship-granting organization is recognized2 or 7,,ii7 in the case of funds provided to the ,secretary of the ,interior1 attending elementary schools or secondary schools operated or funded by the ,bureau of ,indian ,education2 7iii7 allocates at least #ij percent of qualified contributions to qualifying scholarships on an annual basis2 and 7iv7 provides qualifying scholarships to-- 7,i7 more than #a eligible student2 7,,ii7 more than #a eligible family2 and 7,,iii7 different eligible students attending more than #a education provider2 or 7,b7 an organization that-- 7i7 is described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under section #eja7;a7 of such ,code2 and 7ii7 pursuant to ,state law1 was able1 as of ,january #a1 #bjba1 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 students1 including scholarships for attending private schools4 7#b7 ,emergency education freedom grant funds ,the term emergency education freedom grant funds means the amount of funds available under subsection 7b77#a7 for this section that are not reserved under subsection 7c77#a74 7#c7 ,qualified contribution ,the term qualified contribution means a contribution of cash to any eligible scholarship-granting organization4 7#d7 ,qualified expense ,the term qualified expense means any educational expense that is-- 7,a7 for an individual student's elementary or secondary education1 as recognized by the ,state2 or 7,b7 for the secondary education component of an individual elementary or secondary student's career and technical education1 as defined by section #c7e7 of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcjb7e774 7#e7 ,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 expense4 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7#g7 ,state ,the term ,state means each of the #ej ,states1 the ,district of ,columbia1 and the ,commonwealth of ,puerto ,rico4 7b7 ,grants 7#a7 ,program authorized ,from the funds appropriated to carry out this section1 the ,secretary shall carry out subsection 7c7 and award emergency education freedom grants to ,states with approved applications1 in order to enable the ,states to award subgrants to eligible scholarship-granting organizations under subsection 7d74 7#b7 ,timing ,the ,secretary shall make the allotments required under this subsection by not later than #cj days after the date of enactment of this ,act4 7c7 ,reservation and allotments 7#a7 ,in general ,from the amounts made available under subsection 7b77#a71 the ,secretary shall-- 7,a7 reserve-- 7i7 one-half of #a percent for allotments for the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands1 to be distributed among those outlying areas on the basis of their relative need1 as determined by the ,secretary1 in accordance with the purpose of this section2 and 7ii7 one-half of #a percent of such amounts for the ,secretary of the ,interior1 acting through the ,bureau of ,indian ,education1 to be used to provide subgrants described in subsection 7d7 to eligible scholarship-granting organizations that serve students attending elementary schools or secondary schools operated or funded by the ,bureau of ,indian ,education2 and 7,b7 subject to paragraph 7#b71 allot each ,state that submits an approved application under this section the sum of-- 7i7 the amount that bears the same relation to #bj percent of the emergency education freedom grant funds as the number of individuals aged #e through #ag in the ,state1 as determined by the ,secretary on the basis of the most recent satisfactory data1 bears to the number of those individuals1 as so determined1 in all such ,states that submitted approved applications2 and 7ii7 an amount that bears the same relationship to #hj percent of the emergency education freedom grant funds as the number of individuals aged #e through #ag from families with incomes below the poverty line in the ,state1 as determined by the ,secretary on the basis of the most recent satisfactory data1 bears to the number of those individuals1 as so determined1 in all such ,states that submitted approved applications4 7#b7 ,minimum allotment ,no ,state shall receive an allotment under this subsection for a fiscal year that is less than one-half of #a percent of the amount of emergency education freedom grant funds available for such fiscal year4 7d7 ,subgrants to eligible scholarship-,granting organizations 7#a7 ,in general ,a ,state that receives an allotment under this section shall use the allotment to award subgrants1 on a basis determined appropriate by the ,state1 to eligible scholarship-granting organizations in the ,state4 7#b7 ,initial timing 7,a7 ,states with existing tax credit scholarship program ,by not later than #cj days after receiving an allotment under subsection 7c77#a77;,b71 a ,state with an existing1 as of the date of application for an allotment under this section1 tax credit scholarship program shall use not less than #ej percent of the allotment to award subgrants to eligible scholarship-granting organizations under subsection 7a77#a77;,b7 in the ,state in proportion to the contributions received in calendar year #bjai that were eligible for a ,state tax credit if such contributions are used by the organization to provide scholarships to individual elementary and secondary students1 including scholarships for attending private schools4 7,b7 ,states without tax credit scholarship programs ,by not later than #fj days after receiving an allotment under subsection 7c77#a77;,b71 a ,state without a tax credit scholarship program shall use not less than #ej percent of the allotment to award subgrants to eligible scholarship-granting organizations in the ,state4 7#c7 ,uses of funds ,an eligible scholarship-granting organization that receives a subgrant under this subsection-- 7,a7 may reserve not more than #e percent of the subgrant funds for public outreach1 student and family support activities1 and administrative expenses related to the subgrant2 and 7,b7 shall use not less than #ie 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 recognized4 7e7 ,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 7d7 by ,march #cj1 #bjba1 and the ,secretary shall reallocate such funds to the remaining eligible ,states in accordance with subsection 7c77#a77;,b74 7f7 ,rules of construction 7#a7 ,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 enrolls1 or provides educational services to1 the student or the student's parents4 7#b7 ,exclusion from income 7,a7 ,income taxes ,for purposes of the ,internal ,revenue ,code of #aihf1 gross income shall not include any amount received by an individual as a qualifying scholarship4 7,b7 ,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 assistance1 or the amount or extent of such benefits or assistance1 under any ,federal program or under any ,state or local program financed in whole or in part with ,federal funds4 7#c7 ,prohibition of control over nonpublic education providers 7,a7 7i7 ,nothing in this section shall be construed to permit1 allow1 encourage1 or authorize any ,federal control over any aspect of any private1 religious1 or home education provider1 whether or not a home education provider is treated as a private school or home school under ,state law4 7ii7 ,this section shall not be construed to exclude private1 religious1 or home education providers from participation in programs or services under this section4 7,b7 ,nothing in this section shall be construed to permit1 allow1 encourage1 or authorize a ,state to mandate1 direct1 or control any aspect of a private or home education provider1 regardless of whether or not a home education provider is treated as a private school under ,state law4 7,c7 ,no participating ,state shall exclude1 discriminate against1 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 affiliation1 including religiously based or mission-based policies or practices4 7#d7 ,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 services1 including those services provided by private or nonprofit entities1 such as faith-based providers4 7#e7 ,state and local authority ,nothing in this section shall be construed to modify a ,state or local government's authority and responsibility to fund education4 7g7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section such sums as may be necessary4 #bjc4 ,back to ,work ,child ,care grants 7a7 ,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 programs1 and maintaining the availability of child care in the ,united ,states1 so that parents can access safe care and return to work4 7b7 ,definitions ,in this section3 7#a7 ,,covid-#ai public health emergency ,the term ,,covid-#ai public health emergency means the public health emergency declared by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 on ,january #ca1 #bjbj1 with respect to ,,covid-#ai1 including any renewal of such declaration4 7#b7 ,eligible child care provider ,the term eligible child care provider means-- 7,a7 an eligible child care provider as defined in section #feh,p7#f77;,a7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehn7#f77;,a772 and 7,b7 a child care provider that-- 7i7 is license-exempt and operating legally in the ,state2 7ii7 is not providing child care services to relatives2 and 7iii7 satisfies ,state and local requirements1 including those referenced in section #feh;,e7c77#b77;,i7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 77#db ,u4,s4,c4 #iheh;c77c77#b77;,i774 7#c7 ,indian tribe2 tribal organization ,the terms ,indian tribe and tribal organization have the meanings given the terms in section #feh,p of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehn74 7#d7 ,lead agency ,the term lead agency has the meaning given the term in section #feh,p of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehn74 7#e7 ,qualified child care provider ,the term qualified child care provider means an eligible child care provider with an application approved under subsection 7g7 for the program involved4 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services4 7#g7 ,state ,the term ,state has the meaning given the term in section #feh,p of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehn74 7c7 ,grants for child care programs ,from the funds appropriated to carry out this section1 the ,secretary shall make ,back to ,work ,child ,care grants to ,states1 ,indian tribes1 and tribal organizations1 that submit notices of intent to provide assurances under subsection 7d77#b74 ,the grants shall provide for subgrants to qualified child care providers1 for a transition period of not more than #i months to assist in paying for fixed costs and increased operating expenses due to ,,covid-#ai1 and to reenroll children in an environment that supports the health and safety of children and staff4 7d7 ,process for allocation of funds 7#a7 ,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 #aiij 7#db ,u4,s4,c4 #iheg et seq47 in accordance with subsection 7e77#b7 of this section4 7#b7 ,notice ,not later than #g days after funds are appropriated to carry out this section1 the ,secretary shall provide to ,states1 ,indian tribes1 and tribal organizations a notice of funding availability1 for ,back to ,work ,child ,care grants under subsection 7c7 from allotments and payments under subsection 7e77#b74 ,the ,secretary shall issue a notice of the funding allocations for each ,state1 ,indian tribe1 and tribal organization not later than #ad days after funds are appropriated to carry out this section4 7#c7 ,notice of intent ,not later than #ad days after issuance of a notice of funding allocations under paragraph 7#a71 a ,state1 ,indian tribe1 or tribal organization that seeks such a grant shall submit to the ,secretary a notice of intent to provide assurances for such grant4 ,the notice of intent shall include a certification that the ,state1 ,indian tribe1 or tribal organization will repay the grant funds if such ,state1 ,indian tribe1 or tribal organization fails to provide assurances that meet the requirements of subsection 7f7 or to comply with such an assurance4 7#d7 ,grants to lead agencies ,the ,secretary may make grants under subsection 7c7 to the lead agency of each ,state1 ,indian tribe1 or tribal organization1 upon receipt of the notice of intent to provide assurances for such grant4 7#e7 ,provision of assurances ,not later than #ae days after receiving the grant1 the ,state1 ,indian tribe1 or tribal organization shall provide assurances that meet the requirements of subsection 7f74 7e7 ,federal reservation2 allotments and payments 7#a7 ,reservation ,the ,secretary shall reserve not more than #a percent of the amount appropriated to carry out this section to pay for the costs of the ,federal administration of this section4 ,the amount appropriated to carry out this section and reserved under this paragraph shall remain available through fiscal year #bjba4 7#b7 ,allotments and payments ,the ,secretary shall use the remaining portion of such amount to make allotments and payments1 to ,states1 ,indian tribes1 and tribal organizations that submit such a notice of intent to provide assurances1 in accordance with paragraphs 7#a7 and 7#b7 of subsection 7a71 and subsection 7b71 of section #feh,o of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehm71 for the grants described in subsection 7c74 7f7 ,assurances ,a ,state1 ,indian tribe1 or tribal organization that receives a grant under subsection 7c7 shall provide to the ,secretary assurances that the lead agency will-- 7#a7 require as a condition of subgrant funding under subsection 7g7 that each eligible child care provider applying for a subgrant from the lead agency-- 7,a7 has been an eligible child care provider in continuous operation and serving children through a child care program immediately prior to ,march #a1 #bjbj2 7,b7 agree to follow all applicable ,state1 local1 and tribal health and safety requirements and1 if applicable1 enhanced protocols for child care services and related to ,,covid-#ai or another health or safety condition2 7,c7 agree to comply with the documentation and reporting requirements under subsection 7h72 and 7,d7 certify in good faith that the child care program of the provider will remain open for not less than #a year after receiving such a subgrant1 unless such program is closed due to extraordinary circumstances1 including a state of emergency declared by the ,governor or a major disaster or emergency declared by the ,president under section #dja or #eja1 respectively1 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj1 #eaia72 7#b7 ensure eligible child care providers in urban1 suburban1 and rural areas can readily apply for and access funding under this section1 which shall include the provision of technical assistance either directly or through resource and referral agencies or staffed family child care provider networks2 7#c7 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 #aiij 7#db ,u4,s4,c4 #iheg et seq47 at the time of application for a subgrant2 7#d7 through at least ,december #ca1 #bjbj1 continue to expend funds provided under the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheg et seq47 for the purpose of continuing payments and assistance to qualified child care providers on the basis of applicable reimbursements prior to ,march #bjbj2 7#e7 undertake a review of burdensome ,state1 local1 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 community1 as applicable2 7#f7 make available to the public1 which shall include1 at a minimum1 posting to an internet website of the lead agency-- 7,a7 notice of funding availability through subgrants for qualified child care providers under this section2 and 7,b7 the criteria for awarding subgrants for qualified child care providers1 including the methodology the lead agency used to determine and disburse funds in accordance with subparagraphs 7,d7 and 7,e7 of subsection 7g77#d72 and 7#g7 ensure the maintenance of a delivery system of child care services throughout the ,state that provides for child care in a variety of settings1 including the settings of family child care providers4 7g7 ,lead agency use of funds 7#a7 ,in general ,a lead agency that receives a ,back to ,work ,child ,care grant under this section-- 7,a7 shall use a portion that is not less than #id percent of the grant funds to award subgrants to qualified child care providers as described in the lead agency's assurances pursuant to subsection 7f72 7,b7 shall reserve not more than #f percent of the funds to-- 7i7 use not less than #a percent of the funds to provide technical assistance and support in applying for and accessing funding through such subgrants to eligible child care providers1 including to rural providers1 family child care providers1 and providers with limited administrative capacity2 and 7ii7 use the remainder of the reserved funds to-- 7,i7 administer subgrants to qualified child care providers under paragraph 7#d71 which shall include monitoring the compliance of qualified child care providers with applicable ,state1 local1 and tribal health and safety requirements2 and 7,,ii7 comply with the reporting and documentation requirements described in subsection 7h72 and 7,c7 7i7 shall not make more than #a subgrant under paragraph 7#d7 to a child care provider1 except as described in clause 7ii72 and 7ii7 may make multiple subgrants to a qualified child care provider1 if the lead agency makes each subgrant individually for #a child care program operated by the provider and the funds from the multiple subgrants are not pooled for use for more than #a of the programs4 7#b7 ,role of third party ,the lead agency may designate a third party1 such as a child care resource and referral agency1 to carry out the responsibilities of the lead agency1 and oversee the activities conducted by qualified child care providers under this subsection4 7#c7 ,obligation and return of funds 7,a7 ,obligation 7i7 ,in general ,the lead agency shall obligate at least #ej percent of the grant funds in the portion described in paragraph 7#a77;,a7 for subgrants to qualified child care providers by the day that is #f months after the date of enactment of this ,act4 7ii7 ,waivers ,at the request of a ,state1 ,indian tribe1 or tribal organization1 and for good cause shown1 the ,secretary may waive the requirement under clause 7i7 for the ,state1 ,indian tribe1 or tribal organization4 7,b7 ,return of funds ,not later than the date that is #ab months after a grant is awarded to a lead agency in accordance with this section1 the lead agency shall return to the ,secretary any of the grant funds that are not obligated by the lead agency by such date4 ,the ,secretary shall return any funds received under this subparagraph to the ,treasury of the ,united ,states4 7#d7 ,subgrants 7,a7 ,in general ,a lead agency that receives a grant under subsection 7c7 shall make subgrants to qualified child care providers to assist in paying for fixed costs and increased operating expenses1 for a transition period of not more than #i months1 so that parents have a safe place for their children to receive child care as the parents return to the workplace4 7,b7 ,use of funds ,a qualified child care provider may use subgrant funds for-- 7i7 sanitation and other costs associated with cleaning the facility1 including deep cleaning in the case of an outbreak of ,,covid-#ai1 of a child care program used to provide child care services2 7ii7 recruiting1 retaining1 and compensating child care staff1 including providing professional development to the staff related to child care services and applicable ,state1 local1 and tribal health and safety requirements and1 if applicable1 enhanced protocols for child care services and related to ,,covid-#ai or another health or safety condition2 7iii7 paying for fixed operating costs associated with providing child care services1 including the costs of payroll1 the continuation of existing 7as of ,march #a1 #bjbj7 employee benefits1 mortgage or rent1 utilities1 and insurance2 7iv7 acquiring equipment and supplies 7including personal protective equipment7 necessary to provide child care services in a manner that is safe for children and staff in accordance with applicable ,state1 local1 and tribal health and safety requirements2 7v7 replacing materials that are no longer safe to use as a result of the ,,covid-#ai public health emergency2 7vi7 making facility changes and repairs to address enhanced protocols for child care services related to ,,covid-#ai or another health or safety condition1 to ensure children can safely occupy a child care facility2 7vii7 purchasing or updating equipment and supplies to serve children during nontraditional hours2 7viii7 adapting the child care program or curricula to accommodate children who have not had recent access to a child care setting2 7ix7 carrying out any other activity related to the child care program of a qualified child care provider2 and 7x7 reimbursement of expenses incurred before the provider received a subgrant under this paragraph1 if the use for which the expenses are incurred is described in any of clauses 7i7 though 7ix7 and is disclosed in the subgrant application for such subgrant4 7,c7 ,subgrant application ,to be qualified to receive a subgrant under this paragraph1 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 require1 including-- 7i7 a budget plan that includes-- 7,i7 information describing how the eligible child care provider will use the subgrant funds to pay for fixed costs and increased operating expenses1 including1 as applicable1 payroll1 employee benefits1 mortgage or rent1 utilities1 and insurance1 described in subparagraph 7,b77iii72 7,,ii7 data on current operating capacity1 taking into account previous operating capacity for a period of time prior to the ,,covid-#ai public health emergency1 and updated group size limits and staff-to-child ratios2 7,,iii7 child care enrollment1 attendance1 and revenue projections based on current operating capacity and previous enrollment and revenue for the period described in subclause 7,,ii72 and 7,,iv7 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 section2 7ii7 assurances that the eligible child care provider will-- 7,i7 report to the lead agency1 before every month for which the subgrant funds are to be received1 data on current financial characteristics1 including revenue1 and data on current average enrollment and attendance2 7,,ii7 not artificially suppress revenue1 enrollment1 or attendance for the purposes of receiving subgrant funding2 7,,iii7 provide the necessary documentation under subsection 7h7 to the lead agency1 including providing documentation of expenditures of subgrant funds2 and 7,,iv7 implement all applicable ,state1 local1 and tribal health and safety requirements and1 if applicable1 enhanced protocols for child care services and related to ,,covid-#ai or another health or safety condition2 and 7iii7 a certification in good faith that the child care program will remain open for not less than #a year after receiving a subgrant under this paragraph1 unless such program is closed due to extraordinary circumstances described in subsection 7f77#a77;,d74 7,d7 ,subgrant disbursement ,in providing funds through a subgrant under this paragraph-- 7i7 the lead agency shall-- 7,i7 disburse such subgrant funds to a qualified child care provider in installments made not less than once monthly2 7,,ii7 disburse a subgrant installment for a month after the qualified child care provider has provided1 before that month1 the enrollment1 attendance1 and revenue data required under subparagraph 7,c77ii77,i7 and1 if applicable1 current operating capacity data required under subparagraph 7,c77i77,,ii72 and 7,,iii7 make subgrant installments to any qualified child care provider for a period of not more than #i months2 and 7ii7 the lead agency may1 notwithstanding subparagraph 7,e77i71 disburse an initial subgrant installment to a provider in a greater amount than that subparagraph provides for1 and adjust the succeeding installments1 as applicable4 7,e7 ,subgrant installment amount ,the lead agency-- 7i7 shall determine the amount of a subgrant installment under this paragraph by basing the amount on-- 7,i7 7aa7 at a minimum1 the fixed costs associated with the provision of child care services by a qualified child care provider2 and 7bb7 at the election of the lead agency1 an additional amount determined by the ,state1 for the purposes of assisting qualified child care providers with1 as applicable1 increased operating costs and lost revenue1 associated with the ,,covid-#ai public health emergency2 and 7,,ii7 any other methodology that the lead agency determines to be appropriate1 and which is disclosed in reporting submitted by the lead agency under subsection 7f77#f77;,b72 7ii7 shall ensure that1 for any period for which subgrant funds are disbursed under this paragraph1 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 #a year prior2 and 7iii7 may factor in decreased operating capacity due to updated group size limits and staff-to-child ratios1 in determining subgrant installment amounts4 7,f7 ,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 7,c77ii77,,ii71 or to comply with such an assurance4 7#e7 ,supplement not supplant ,amounts made available to carry out this section shall be used to supplement and not supplant other ,federal1 ,state1 tribal1 and local public funds expended to provide child care services1 including funds provided under the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheg et seq47 and ,state and tribal child care programs4 7h7 ,documentation and reporting requirements 7#a7 ,documentation ,a ,state1 ,indian tribe1 or tribal organization receiving a grant under subsection 7c7 shall provide documentation of any ,state or tribal expenditures from grant funds received under subsection 7c7 in accordance with section #feh,k7b7 of the ,child ,care ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;i7b771 and to the independent entity described in that section4 7#b7 ,reports 7,a7 ,lead agency report ,a lead agency receiving a grant under subsection 7c7 shall1 not later than #ab months after receiving such grant1 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 section1 including-- 7i7 a description of how the lead agency determined-- 7,i7 the criteria for awarding subgrants for qualified child care providers1 including the methodology the lead agency used to determine and disburse funds in accordance with subparagraphs 7,d7 and 7,e7 of subsection 7g77#d72 and 7,,ii7 the types of providers that received priority for the subgrants1 including considerations related to-- 7aa7 setting2 7bb7 average monthly revenues1 enrollment1 and attendance1 before and during the ,,covid-#ai public health emergency and after the expiration of ,state1 local1 and tribal stay-at-home orders2 and 7cc7 geographically based child care service needs across the ,state or tribal community2 and 7ii7 the number of eligible child care providers in operation and serving children on ,march #a1 #bjbj1 and the average number of such providers for ,march #bjbj and each of the #aa months following1 disaggregated by age of children served1 geography1 region1 center-based child care setting1 and family child care setting2 7iii7 the number of child care slots1 in the capacity of a qualified child care provider given applicable group size limits and staff-to-child ratios1 that were open for attendance of children on ,march #a1 #bjbj1 the average number of such slots for ,march #bjbj and each of #aa months following1 disaggregated by age of children served1 geography1 region1 center-based child care setting1 and family child care setting2 7iv7 7,i7 the number of qualified child care providers that received a subgrant under subsection 7g77#d71 disaggregated by age of children served1 geography1 region1 center-based child care setting1 and family child care setting1 and the average and range of the amounts of the subgrants awarded2 and 7,,ii7 the percentage of all eligible child care providers that are qualified child care providers that received such a subgrant1 disaggregated as described in subclause 7,i72 and 7v7 information concerning how qualified child care providers receiving subgrants under subsection 7g77#d7 used the subgrant funding received1 disaggregated by the allowable uses of funds described in subsection 7g77#d77;,b74 7,b7 ,report to ,congress ,not later than #ij days after receiving the lead agency reports required under subparagraph 7,a71 the ,secretary shall make publicly available and provide to the ,committee on ,health1 ,education1 ,labor1 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 reports4 7i7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out the activities under this section4 7j7 ,exclusion from income ,for purposes of the ,internal ,revenue ,code of #aihf1 gross income shall not include any amount received by a qualified child care provider under this section4 #bjd4 ,national emergency educational waivers 7a7 ,in general ,notwithstanding any other provision of law1 the ,secretary of ,education 7referred to in this section as the ,secretary7 may waive any statutory or regulatory provision described under subsection 7b77#a77;,a7 if the ,secretary determines that such a waiver is necessary and appropriate due to the qualifying emergency4 7b7 ,applicable provisions of law 7#a7 ,waivers 7,a7 ,in general ,the ,secretary shall waive any of the following statutory or regulatory requirements for a ,state educational agency1 local educational agency1 ,indian tribe1 or school1 if the ,secretary determines that such a waiver is necessary and appropriate as described in subsection 7a71 under the following provisions of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcja et seq473 7i7 ,section #aaah7;a7 and section #heba4 7ii7 ,section #aabg4 7iii7 ,section #dajf7;d74 7iv7 ,subparagraphs 7,c71 7,d71 and 7,e7 of section #dajf7;e77#b74 7v7 ,section #daji7;b74 7vi7 ,the definition under section #haja7db7 for purposes of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcja et seq474 7,b7 ,applicability to charter schools ,any waivers issued by the ,secretary under this section shall be implemented-- 7i7 for all public schools1 including public charter schools1 within the boundaries of the recipient of the waiver2 7ii7 in accordance with ,state charter school law2 and 7iii7 pursuant to section #aaaa7;c77#e7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa7;c77#e774 7,c7 ,rehabilitation ,act ,the ,secretary shall comply as follows if the ,secretary determines such action necessary and appropriate3 7i7 ,waiver of the pre-ets #ae percent reservation of funds ,the ,secretary shall allow the required #ae percent set-aside for pre-employment transition services 7,pre,e,t,s7 provided under section #aaj7;d7 of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gcj7;d77 to be available for expenditure for other vocational rehabilitation services4 7ii7 ,maintenance of effort ,during the course of the qualifying emergency1 the ,secretary shall waive the maintenance of effort requirement described in section #aaa7;a77#b77;,b7 of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gca7;a77#b77;,b774 7#b7 ,limitation ,the ,secretary shall not waive under this section any statutory or regulatory requirements relating to applicable civil rights laws4 7c7 ,state and local requests for waivers 7#a7 ,in general ,a ,state educational agency1 local educational agency1 ,indian tribe1 or school that desires a waiver from any statutory or regulatory provision described under subsection 7b77#a71 may submit a waiver request to the ,secretary in accordance with this subsection4 7#b7 ,requests submitted ,a request for a waiver under this subsection shall-- 7,a7 identify the ,federal programs affected by the requested waiver2 7,b7 describe which ,federal statutory or regulatory requirements are to be waived2 and 7,c7 describe how the emergency involving ,federal primary responsibility determined to exist by the ,president under the section #eja7;b7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaia7;b77 with respect to the ,coronavirus ,disease #bjai 7,,covid-#ai7 prevents or otherwise restricts the ability of the ,state educational agency1 local educational agency1 ,indian tribe1 or school to comply with such statutory or regulatory requirements4 7#c7 ,secretary approval 7,a7 ,in general ,except as provided under subparagraph 7,b71 the ,secretary shall approve or disapprove a waiver request submitted under paragraph 7#a7 not more than #cj days after the date on which such request is submitted4 7,b7 ,exceptions ,the ,secretary may disapprove a waiver request submitted under paragraph 7#a71 only if the ,secretary determines that-- 7i7 the waiver request does not meet the requirements of this section2 7ii7 the waiver is not permitted pursuant to subsection 7b77#a72 or 7iii7 the description required under paragraph 7#b77;,c7 provides insufficient information to demonstrate that the waiving of such requirements is necessary or appropriate consistent with subsection 7a74 7#d7 ,duration 7,a7 ,in general ,except as provided in subparagraph 7,b71 a waiver approved by the ,secretary under this subsection may be for a period not to exceed #a academic year4 7,b7 ,extension ,the ,secretary may extend the period described under subparagraph 7,a7 if the ,state educational agency1 local educational agency1 ,indian tribe1 or school demonstrates to the ,secretary that extending the waiving of such requirements is necessary and appropriate consistent with subsection 7a74 7d7 ,reporting and publication 7#a7 ,notifying congress ,not later than #g days after granting a waiver under this section1 the ,secretary shall notify the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate1 the ,committee on ,appropriations of the ,senate1 the ,committee on ,education and ,labor of the ,house of ,representatives1 and the ,committee on ,appropriations of the ,house of ,representatives of such waiver4 7#b7 ,publication ,not later than #cj days after granting a waiver under this section1 the ,secretary shall publish a notice of the ,secretary's decision in the ,federal ,register and on the website of the ,department of ,education4 7e7 ,transition from part c to part b ,notwithstanding any other provision of law1 the ,secretary may authorize services provided under part ,c of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adca et seq47 to continue for an individual during the delayed transition to services under part ,b of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adaa et seq47 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 made4 7f7 ,personnel development scholarships ,notwithstanding any other provision of law1 the ,secretary may grant a deferral of the work or repayment requirements or allow credit to be given for the service obligation under section #ffb7;h77#a7 of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adfb7;h77#a771 if employment was interrupted by the ,,covid-#ai national emergency4 7g7 ,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 7#bj ,u4,s4,c4 #adjj et seq47 during any period that is not a qualifying emergency4 7h7 ,qualifying emergency ,in this section1 the term qualifying emergency means1 a period during which-- 7#a7 a public health emergency has been declared by the ,secretary of ,health and ,human ,services pursuant to section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d72 7#b7 a ,governor of a ,state or territory has declared a state of emergency2 7#c7 a ,governor of a ,state or territory1 mayor1 or a local health official has determined that in-person meetings1 education or and services are not permissible or safe due to the risk of disease2 or 7#d7 the ,president has declared a-- 7,a7 major disaster or an emergency under section #dja or #eja1 respectively1 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj and #eaia72 or 7,b7 national emergency under section #bja of the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq474 #bje4 ,waivers for career1 technical1 and adult education 7a7 ,definitions ,in this section3 7#a7 ,eligible agency ,the term eligible agency means-- 7,a7 an eligible agency as defined under section #c of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcjb72 or 7,b7 an eligible agency as defined under section #bjc of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbgb74 7#b7 ,qualifying emergency ,the term qualifying emergency means-- 7,a7 a public health emergency related to the coronavirus declared by the ,secretary of ,health and ,human ,services pursuant to section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d72 7,b7 an event related to the coronavirus for which the ,president declared a major disaster or an emergency under section #dja or #eja1 respectively1 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj and #eaia72 or 7,c7 a national emergency related to the coronavirus declared by the ,president under section #bja of the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq474 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7b7 ,waiver ,notwithstanding any other provision of law1 the ,secretary may1 upon the request of an eligible agency1 waive any statutory or regulatory provision described under paragraph 7#a7 or 7#b7 of subsection 7c71 if the ,secretary determines that such waiver is necessary and appropriate due to a qualifying emergency4 7c7 ,applicable provisions of law 7#a7 ,period of availability of funds 7,a7 ,in general ,the ,secretary shall create an expedited application process to request a waiver and the ,secretary may waive any statutory or regulatory requirements1 except as provided under subparagraph 7,b71 for an eligible agency that govern the period of time during which the eligible agency may obligate funds1 including the requirement under section #dba7;b7 of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abbe7;b77 7commonly know as the ,tydings ,amendment71 if the ,secretary determines that such a waiver is necessary and appropriate as described in subsection 7b74 7,b7 ,restriction ,the ,secretary may not1 pursuant to the authority under subparagraph 7,a71 waive the requirement provided under section #aeeb of title #ca1 ,united ,states ,code4 7#b7 ,state and locally requested waivers ,for an eligible agency-- 7,a7 that receives funds under a program authorized under the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caja71 the ,secretary may waive statutory and regulatory requirements-- 7i7 under section #bbb7;a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #ccjb7;a772 and 7ii7 related to the requirement that an application be submitted to the eligible agency under section #ajg7;d77#aa77;,b77i77,i7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cabb7;d77#aa77;,b77i77,i772 and 7,b7 that receives funds under the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcja et seq471 the ,secretary may waive statutory and regulatory requirements-- 7i7 related to the pooling of funds under section #ace7;c7 of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcee7;c772 and 7ii7 related to the definition of the term professional development as defined in section #c7dj7 of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcjb7dj77 4 7#c7 ,applicability to charter schools ,any waivers issued by the ,secretary under this section shall be implemented1 as applicable-- 7,a7 for all public schools1 including public charter schools1 within the boundaries of the recipient of the waiver2 and 7,b7 in accordance with ,state charter school law4 7#d7 ,limitation ,nothing in this title shall be construed to allow the ,secretary to waive any statutory or regulatory requirements under applicable civil rights laws4 7d7 ,additional waiver ,for any ,state educational agency or ,indian ,tribe that requested a waiver under section #ceaa7;c7 of the ,,cares ,act 7,public ,law #aaf-acf7 prior to the date of enactment of this ,act1 the ,secretary may waive statutory and regulatory requirements under the provisions of law described in subsection 7c77#b7 without an additional waiver application4 #bjf4 ,additional workforce activities 7a7 ,definitions ,in this section3 7#a7 ,qualifying emergency ,the term qualifying emergency means-- 7,a7 a public health emergency related to the coronavirus declared by the ,secretary of ,health and ,human ,services pursuant to section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d72 7,b7 an event related to the coronavirus for which the ,president declared a major disaster or an emergency under section #dja or #eja1 respectively1 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj1 #eaia72 or 7,c7 a national emergency related to the coronavirus declared by the ,president under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq474 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#c7 ,workforce innovation and opportunity act terms ,except as otherwise provided in this section1 the terms in this section have the meanings given to terms in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7b7 ,incumbent worker training ,notwithstanding section #acd7;d77#d77;,a77i7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;d77#d77;,a77i771 during a qualifying emergency1 a local board may reserve and use not more than #dj 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 #acd7;d77#d7 of such ,act 7#bi ,u4,s4,c4 #cagd7;d77#d774 7c7 ,transitional jobs ,notwithstanding the percentage specified in section #acd7;d77#e7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;d77#e771 during a qualifying emergency1 a local board may reserve and use not more than #dj percent of the funds specified in that section to pay for the ,federal share of the cost of providing transitional jobs described in that section4 7d7 ,job ,corps 7#a7 ,eligibility ,in the case of an individual who is seeking to enroll in the ,job ,corps and who will turn #be during a qualifying emergency1 the ,secretary shall apply section #add7;a77#a77;,a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caid7;a77#a77;,a77 by substituting may be individuals who are not less than age #bb and not more than age #bd on the date of enrollment1 or who turned #bd during a qualifying emergency for may be not less than age #bb and not more than age #bd on the date of enrollment4 7#b7 ,enrollment ,for the purposes of the ,job ,corps1 in the case of a qualifying emergency1 the ,secretary may make an exception1 on the basis of the impact of the qualifying emergency1 to requirements on maximum enrollment length under sections #adf and #adh7;c7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caif1 #caih7;c771 and the requirements on the length of provision of graduate services under section #adh7;d7 of such ,act 7#bi ,u4,s4,c4 #caih7;d774 7e7 ,youthbuild 7#a7 ,eligibility ,notwithstanding section #aga7;e77#a77;,a77i7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbf7;e77#a77;,a77i771 an individual seeking to participate in a ,youth,build program and who will turn #be during a qualifying emergency is eligible to so participate if the individual meets the other requirements of section #aga7;e77#a7 of such ,act 7#bi ,u4,s4,c4 #cbbf7;e77#a774 7#b7 ,participation limitation ,the ,secretary may waive the requirements of section #aga7;e77#b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbf7;e77#b77 to allow an eligible individual described in such section to participate in a ,youth,build program for a period of more than #bd months if such individual's participation was interrupted or otherwise impacted by a qualifying emergency4 7f7 ,youth workforce investment activities 7#a7 ,allocation ,from funds appropriated to carry out this subsection1 the ,secretary shall make available such funds to ,states and other eligible entities for youth workforce investment activities in accordance with subparagraphs 7,a71 7,b71 and 7,c7 of section #abg7;b77#a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafb7;b77#a774 ,not later than #cj days after a ,state receives an allotment under this subsection1 the ,governor shall allocate the funds in accordance with section #abh of such ,act 7#bi ,u4,s4,c4 #cafc74 7#b7 ,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 #abi of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafd74 7#c7 ,priorities 7,a7 ,in general ,each ,state and local area receiving funds under this subsection shall provide activities described in paragraph 7#a7 while giving priority for out-of-school youth and youth 7eligible under that section #abi7 who are members of more than one population listed in section #c7bd7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb7bd774 7,b7 ,out-of-school youth ,notwithstanding section #abi7;a77#d77;,a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafd7;a77#d77;,a771 for each ,state and local area receiving funds provided under this subsection1 not less than #ge percent of funds allotted shall be used to provide youth workforce investment activities under this subsection for out-of-school youth4 7g7 ,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 #afi of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbd74 ,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 system1 formerly incarcerated adults1 and former offenders4 7h7 ,dislocated workers assistance national reserve ,the ,secretary shall award funds appropriated to carry out this subsection consistent with sections #afh7;b71 #afi7;c7 7except for the #aj percent limitation provided under such section71 and #agj of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbc7;b71 #cbbd7;c71 #cbbe74 ,the recipients shall use the funds to prevent1 prepare for1 and respond to a qualifying emergency4 7i7 ,apprenticeship grants 7#a7 ,uses of funds ,from funds appropriated to carry out this subsection1 the ,secretary shall award grants1 contracts1 or cooperative agreements to eligible entities1 as determined by the ,secretary1 on a competitive basis to establish or expand apprenticeship programs1 including pre-apprenticeship programs1 youth apprenticeship programs1 and ,industry-,recognized ,apprenticeship ,programs carried out under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq474 7#b7 ,application ,to be eligible to receive a grant or enter into a contract or cooperative agreement under this subsection1 an entity shall submit an application at such time1 in such manner1 and containing such information as the ,secretary shall determine to be appropriate4 7#c7 ,industry-recognized apprenticeship programs ,notwithstanding any other provision of law1 the ,secretary may use any amount appropriated to the ,secretary under the ,coronavirus ,preparedness and ,response ,supplemental ,appropriations ,act1 #bjbj 7,public ,law #aaf-abc71 the ,families ,first ,coronavirus ,response ,act 7,public ,law #aaf-abg71 the ,,cares ,act 7,public ,law #aaf-acf71 the ,paycheck ,protection ,program and ,health ,care ,enhancement ,act 7,public ,law #aaf-aci71 and this ,act to provide financial assistance for an ,industry-,recognized ,apprenticeship ,program carried out under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq474 7j7 ,authorization of appropriations 7#a7 ,youth workforce investment activities ,there is authorized to be appropriated to carry out subsection 7f7 such sums as may be necessary for the period of fiscal years #bjbj through #bjbb4 7#b7 ,reentry ,employment ,opportunities ,there is authorized to be appropriated to carry out subsection 7g7 such sums as may be necessary for the period of fiscal years #bjbj through #bjbb4 7#c7 ,national dislocated worker grants ,there is authorized to be appropriated to carry out subsection 7h7 such sums as may be necessary for the period of fiscal years #bjbj through #bjbb4 7#d7 ,apprenticeship grants ,there is authorized to be appropriated to carry out subsection 7i7 such sums as may be necessary for the period of fiscal years #bjbj through #bjbb4 #bjg4 ,workforce recovery and training services 7a7 ,definitions ,in this section3 7#a7 ,qualifying emergency ,the term qualifying emergency means-- 7,a7 a public health emergency related to the coronavirus declared by the ,secretary of ,health and ,human ,services pursuant to section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d72 7,b7 an event related to the coronavirus for which the ,president declared a major disaster or an emergency under section #dja or #eja1 respectively1 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj1 #eaia72 or 7,c7 a national emergency related to the coronavirus declared by the ,president under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq474 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#c7 ,workforce innovation and opportunity act terms ,except as otherwise provided in this section1 the terms in this section have the meanings given the terms in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7b7 ,distribution of funds 7#a7 ,allotment to ,states ,from funds appropriated to carry out this section and not reserved under subsection 7e77#d71 not later than #de days after receiving the appropriated funds1 the ,secretary shall make allotments to ,states in accordance with the formula described in section #acb7;b77#b77;,b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagb7;b77#b77;,b77 and make the reservation for and provide assistance to outlying areas in accordance with section #acb7;b77#b77;,a7 of such ,act 7#bi ,u4,s4,c4 #cagb7;b77#b77;,a774 7#b7 ,allocation to local areas ,not later than #cj days after a ,state receives an allotment under paragraph 7#a71 the ,governor shall-- 7,a7 reserve #dj percent of the allotment funds to carry out activities under subsection 7c77#a72 and 7,b7 allocate the remainder of the funds to local areas in accordance with section #acc7;b77#b77;,b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagc7;b77#b77;,b77 to enable the local areas to carry out activities under subsection 7c77#b74 7c7 ,uses of funds 7#a7 ,state use of funds 7,a7 ,in general ,from the funds reserved under subsection 7b77#b77;,a71 the ,governor-- 7i7 shall allocate not less than #ej percent of the funds to the local areas most significantly impacted by a qualifying emergency1 as determined by the ,governor1 to enable the local areas to carry out activities under paragraph 7#b72 and 7ii7 with the funds that are not allocated under clause 7i7 or reserved under subparagraph 7,b71 may-- 7,i7 carry out rapid response activities described in section #acd7;a77#b77;,a7 of the ,workforce ,innovation and ,opportunity 7#bi ,u4,s4,c4 #cagd7;a77#b77;,a772 7,,ii7 carry out activities to facilitate remote access to employment and training activities1 including career services1 through a one-stop center2 7,,iii7 in coordination with local areas1 carry out activities necessary to expand online learning opportunities1 and make available resources to support or allow for online service delivery1 including online delivery of training services1 by providers identified as eligible providers of training services under subsection 7d7 or 7h7 of section #abb of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caeb72 7,,iv7 assist local boards through the purchase of technology1 supplies1 and online training materials for distribution or use by local areas2 and 7,v7 expand the list of eligible providers of training services established under section #abb7;d7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caeb7;d771 including through the addition of online providers of training services4 7,b7 ,limitation ,not more than #e percent of the funds reserved under subsection 7b77#b77;,a7 shall be used by the ,state for administrative activities related to carrying out this section4 7#b7 ,local uses of funds ,funds allocated to a local area under subsection 7b77#b77;,b7 or paragraph 7#a77;,a77i7-- 7,a7 shall be used for-- 7i7 the provision of in-person and virtual training services1 aligned with industry needs1 that shall include-- 7,i7 on-the-job training1 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 #ge percent of the wage rate of a participant in accordance with section #acd7;c77#c77;,h7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;c77#c77;,h772 7,,ii7 customized training1 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 provide2 7,,iii7 transitional jobs as described in section #acd7;d77#e7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;d77#e77 7but for adults or dislocated workers determined eligible by a one-stop operator or one-stop partner71 including positions in contact tracing1 public health1 or infrastructure1 if provision of the jobs does not displace any currently employed employee 7as of the date of the participation in the transitional job72 and 7,,iv7 incumbent worker training described in section #acd7;d77#d7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;d77#d77 to support worker retention2 7ii7 training services provided through individual training accounts1 which1 notwithstanding section #abb of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caeb71 eligible individuals may obtain from providers identified as eligible providers of training services under subsection 7d7 or 7h7 of that section #abb or from another provider of in-demand skills that is identified by the ,state board or local board involved2 7iii7 short-term training-- 7,i7 in which a current employee 7as of the date of the participation71 including an employee participating in a transitional job described in clause 7i77,,iii71 may participate2 7,,ii7 for which the participant may receive an employer-sponsored individual training account2 7,,iii7 for which the employer agrees to pay-- 7aa7 not less than #aj percent of the costs of such training in the case of an employer eligible that is a small business concern1 as defined in section #c7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7;a772 and 7bb7 not less than #bj percent of such costs in the case of any other employer2 and 7,,iv7 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 7d7 or 7h7 of section #abb 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 career2 and 7iv7 short-term training in fields in which the local area needs workers to meet the demands for health care1 direct care1 and frontline workers responding to a qualifying emergency2 and 7,b7 may be used for-- 7i7 the establishment and expansion of partnerships with public and private entities to support online programs of training services-- 7,i7 which programs are identified under section #abb of the ,workforce ,innovation and ,opportunity ,act and lead to an industry-recognized credential in high-skill1 high-wage1 or in-demand industry sectors or occupations1 in areas such as technology1 health care1 direct care1 and manufacturing2 and 7,,ii7 through which the partnerships may provide for the cost of an assessment related to obtaining such credential2 7ii7 providing training services that are aligned with the needs of local industry and recognized by employers2 7iii7 expanding access to individualized career services1 which include-- 7,i7 in-person and virtual employment and reemployment services to help individuals find employment2 and 7,,ii7 career navigation supports to enable workers to find new pathways to high-skill1 high-wage1 or in-demand industry sectors and occupations and the necessary training to support those pathways2 and 7iv7 providing access to technology1 including broadband service and devices to enable individuals served under this section to receive online career and training services4 7#c7 ,minimum amount for training ,not less than #ej percent of the funds made available under subsection 7b77#b77;,b7 and paragraph 7#a77;,a77i7 shall be used to provide training services described in paragraph 7#b77;,a74 7d7 ,reallocation 7#a7 ,local funds ,each local board shall return to the ,governor any funds received under this section that the local board does not obligate within #a year after receiving such funds4 ,the ,governor shall reallocate such returned funds1 to the local areas that are not required to return funds under this paragraph1 in accordance with subsection 7c77#a77;,a74 7#b7 ,state funds ,each ,governor shall return to the ,secretary any funds received under this section that the ,governor does not obligate within #b years after receiving such funds4 ,the ,secretary shall reallot such returned funds to the ,states that are not required to return funds under this paragraph1 in accordance with subsection 7b77#a74 7e7 ,general ,provisions 7#a7 ,eligible individuals 7,a7 ,in general ,except as otherwise specified in this section1 to be eligible to receive services authorized under this section an individual shall be an adult or dislocated worker4 7,b7 ,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 7c77#b77;,a77iii71 an eligible individual shall be an adult1 or dislocated worker-- 7i7 who1 after an in-person or virtual interview1 evaluation1 or assessment1 and career planning1 has been determined by a one-stop operator or one-stop partner1 as appropriate1 to-- 7,i7 be unlikely to obtain or retain employment with wages comparable to or higher than wages from previous employment1 solely through the career services available through the one-stop center2 and 7,,ii7 have the skills and qualifications to successfully participate in the selected program of training services2 and 7ii7 who selects a program of training services that are directly linked to the employment opportunities in the local area1 or in another area to which the adult or dislocated worker is willing to commute or relocate4 7#b7 ,special rules 7,a7 ,administration ,except as otherwise provided in this section1 the provisions of subtitle ,e of title ,i of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbda et seq47 shall apply to funds provided under this section4 7,b7 ,single ,state local area ,in any case in which a ,state is designated as a local area pursuant to section #ajf7;d7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caba7;d771 the ,state board shall carry out the functions of a local board as specified in this section4 7#c7 ,program oversight ,the ,governor1 in partnership with local boards and the chief elected officials for local areas1 shall-- 7,a7 conduct oversight for the activities authorized under this section2 and 7,b7 ensure the appropriate use and management of the funds provided under this section4 7#d7 ,program administration ,the ,secretary shall reserve not more than #ae1jjj1jjj of the funds appropriated to carry out this section1 as necessary1 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 section4 7f7 ,reports 7#a7 ,state report ,each ,state shall prepare and submit to the ,secretary a report that includes information specifying-- 7,a7 the number and percentage of participants in activities under this section who received funds for training services2 7,b7 the types of training programs provided under this section2 and 7,c7 outcomes for the ,state for activities carried out under this section relating to the primary indicators of performance under subclauses 7,i71 7,,ii71 and 7,,iii7 of section #aaf7;b77#b77;,a77i7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cada7;b77#b77;,a77i774 7#b7 ,secretary's report ,upon receipt of a report under paragraph 7#a71 the ,secretary shall transmit such report to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and ,labor of the ,house of ,representatives4 7g7 ,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 #bjbj through #bjbb4 #bjh4 ,impact ,aid provisions ,due to the public health emergency relating to ,,covid-#ai and notwithstanding sections #gjjb7;j7 and #gjjc7;c7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ggjb7;j71 #ggjc7;c771 a local educational agency desiring to receive a payment under section #gjjb or #gjjc of such ,act 7#bj ,u4,s4,c4 #ggjb1 #ggjc7 for fiscal year #bjbb that also submitted an application for such payment for fiscal year #bjba may1 in the application submitted under section #gjje of such ,act 7#bj ,u4,s4,c4 #ggje7 for fiscal year #bjbb-- 7#a7 with respect to a requested payment under section #gjjb of such ,act1 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 #bjba2 7#b7 with respect to a requested payment under section #gjjc of such ,act1 use the student count data relating to calculating such payment that was submitted by the local educational agency in the application for fiscal year #bjba1 provided that for purposes of the calculation of payments for fiscal year #bjbb under section #gjjc7;b77#a7 of such ,act1 such payments shall be based on utilizing fiscal year #bjbj data 7from academic year #bjah-bjai7 to include total current expenditures1 local contribution rates1 and per pupil expenditures2 or 7#c7 with respect to a requested payment under section #gjjb or #gjjc of such ,act1 use the student count or ,federal property valuation data relating to calculating such payment for the fiscal year required under section #gjjb7;j7 or #gjjc7;c7 of such ,act1 as applicable4 #bji4 ,amendments to education provisions of ,,cares ,subtitle ,b of title ,,iii of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act is amended as follows3 7a7 ,campus-,based aid waivers ,section #cejc is amended-- 7#a7 in subsection 7a71 by inserting and a nonprofit organization providing employment under section #ddc7;b77#e7 of such ,act after waive the requirement that a participating institution of higher education2 and 7#b7 in subsection 7b71 by inserting 1 or through the end of the #bjbj-bjba award year1 whichever is later1 after during a period of a qualifying emergency4 7b7 ,federal work-,study during a qualifying emergency ,section #ceje is amended-- 7#a7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a71 by inserting the equivalent of before one academic year2 7,b7 in paragraph 7#a71 by inserting in each term the student is awarded work-study after as a one time grant2 and 7,c7 in paragraph 7#b71 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 emergency2 and 7#b7 in subsection 7b77#b71 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 year4 7c7 ,continuing education at affected foreign institutions ,section #ceaj is amended-- 7#a7 in subsection 7a71 by inserting or for the duration of the qualifying emergency after the foreign institution is located2 7#b7 in subsection 7b71 by striking for the duration of the emergency or disaster affecting the institution as described in subsection 7a7 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 7a71 the duration of the qualifying emergency and the following payment period1 or the end of the #bjbj-bjba award year1 whichever is later12 7#c7 in subsection 7c71 by inserting emergency or disaster declared by the applicable government authorities as described in subsection 7a7 or the after thereafter for the duration of the2 and 7#d7 in subsection 7d7-- 7,a7 in paragraph 7#a71 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 7a71 the duration of the qualifying emergency and the following payment period1 or the end of the #bjbj-bjba award year1 whichever is later12 and 7,b7 in paragraph 7#d71 by inserting emergency or disaster declared by the applicable government authorities as described in subsection 7a7 or the after for the duration of the4 7d7 ,temporary relief for ,federal ,student ,loan ,borrowers ,section #ceac is amended-- 7#a7 by redesignating subsections 7c7 through 7g71 as subsections 7d7 through 7h71 respectively2 and 7#b7 by inserting after subsection 7b7 the following3 7c7 ,in-,school deferment ,the provisions of subsections 7a7 and 7b7 shall apply to loans for borrowers who are in a period of in-school deferment described in section #dee7;f77#b77;,a7 of such ,act 7#bj ,u4,s4,c4 #ajhg;e7f77#b77;,a774 4 7e7 ,service obligations for teachers and other professionals ,section #ceai is amended-- 7#a7 in the section heading by inserting and other professionals after teachers2 and 7#b7 by adding at the end the following3 7c7 ,federal ,perkins ,loans ,notwithstanding section #dfe of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;ee71 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 section1 if the service of a borrower was interrupted due to a qualifying emergency4 4 7f7 ,calculation of expected family contribution ,subtitle ,b of title ,,iii of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act is further amended by adding at the end the following3 #cebj4 ,calculation of expected family contribution ,the ,secretary of ,education shall not consider any funds received by a student 7or the applicable spouse or parent of a student7 under this ,act when calculating the ,expected ,family ,contribution for the purposes of a student's amount of need under section #dga of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhgkk74 4 7g7 ,professional judgment for ,federal ,student ,aid during the #bjbj-bjba and #bjba-bjbb award years ,subtitle ,b of title ,,iii of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act is further amended by adding at the end the following3 #ceba4 ,professional judgment for ,federal ,student ,aid during the #bjbj-bjba and #bjba-bjbb award years 7a7 ,in ,general ,for the purposes of making a professional judgment under section #dgi;,a of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhgtt71 financial aid administrators may-- 7#a7 determine that the income earned from work for an independent student is zero1 if the student can provide paper or electronic documentation of receipt of unemployment benefits or confirmation that an application for unemployment benefits was submitted2 and 7#b7 make appropriate adjustments to the income earned from work for a student1 parent1 or spouse1 as applicable1 based on the totality of the family's situation1 including consideration of unemployment benefits4 7b7 ,unemployment documentation ,for the purposes of documenting unemployment under subsection 7a71 such documentation shall be accepted if such documentation is submitted not more than #ij days from the date on which such documentation was issued1 except if a financial aid administrator knows that the student1 parent1 or spouse1 as applicable1 has already obtained other employment4 7c7 ,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 #aife 7#bj ,u4,s4,c4 #ajgj et seq47 for program reviews in order to account for any rise in the use of professional judgment under section #dgi;,a of such ,act during the #bjbj-bjba and #bjba-bjbb award years4 4 7h7 ,,fafsa ,adjustments for the #bjbj-bjba and #bjba-bjbb award years ,subtitle ,b of title ,,iii of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act is further amended by adding at the end the following3 #cebb4 ,,fafsa ,adjustments for the #bjbj-bjba and #bjba-bjbb award years ,the ,secretary of ,education shall add a question on the ,free ,application for ,federal ,student ,aid described in section #dhc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajij7 for the #bjbj-bjba and #bjba-bjbb award years4 ,the question shall ask applicants 7and1 as applicable1 the spouse or parents of an applicant7 if the applicant 7and1 as applicable1 the spouse or parents of an applicant7 has lost significant income earned from work due to the ,,covid-#ai national emergency4 ,if an applicant affirms that income has been reduced1 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 information4 4