HEROES Act Summary - Bose McKinney & Evans
LEGISLATIVE BRIEFThe Updated Health and Economic Recovery Omnibus Emergency Solutions (HEROES) ActPrepared by:Ellen Fern (efern@bosepublicaffairs.com)Austin Hall (ahall@bosepublicaffairs.com)Dwayne Moore (dmoore@bosepublicaffairs.com)October 3, 2020OVERVIEWOn Monday September 28th, House Democratic leadership introduced their updated and pared down 2.2 trillion reliefpackage, the Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act. The House’s new proposallargely represents a slimmed-down version of the House Democrats’ 3.4 trillion HEROES Act, which passed the chamberin May. While the introduction of the new bill, along with a negotiated deal to avert a government shutdown as the fiscalyear drew to a close on September 30, seemed to spur new energy into a new round of negotiations between Speaker of theHouse Nancy Pelosi (D-CA) and Treasury Secretary Steve Mnuchin, discussions seemed to stall on a new COVID responsepackage and as a result, the House passed the Updated HEROES Act on Thursday night by a partisan vote of 214-207. Thisbill will now be sent to the Senate where it is not expected to pass, leaving numerous constituency groups, stakeholders andvulnerable Members of Congress greatly frustrated and disappointed.While Speaker Pelosi expressed her strong desire Friday afternoon to pass a bill to support struggling airlines outside ofcomprehensive negotiations after the industry announced impending and significant layoffs, and the White House seems tocontinue to want a package, time is running short. On Friday, the House recessed until after Election Day; the Senate isscheduled to recess after next week, and talks will need to make significant progress over the coming days in order to get abill that can pass both chambers and get to the President’s desk for his signature.This memo provides a summary of the major provisions of the package.ContentsContents . 1Relief to Individuals and Families . 2Municipalities and Community Agencies . 3Criminal and Juvenile Justice . 5Tribal Governments . 6
P age 2Healthcare . 6Healthcare Appropriations . 8Education . 9Child Welfare . 11Labor . 11Relief to Industry . 12Conclusion . 12Relief to Individuals and FamiliesDirect financial assistanceThe legislation proposes another round of direct financial assistance from the US Treasury to American citizens in the formof a check or direct deposit following the structure of the CARES Act with a few programmatic modifications. The billappropriates 359 million for tax credit implementation to provide for the payments. Payment amounts are dependent onthe latest tax filings (2019 or 2018) and vary based on income levels and dependents per household. A full payment of 1200 – in the form of a refundable tax credit – is available for every individual with a cap onindividuals making up to 75,000 and married couples making up to 150,000.o An additional 500 will be available for each child per household.o The value for each payment will decrease by 5 for every 100 earned up to 99,000.However, the Updated HEROES Act does expand on the CARES Act by also making all dependents below age 24 eligiblefor the 500 qualifying child amount in calculating the direct payment amount. The CARES Act calculation only includeddependents below age 17, making full time university students ineligible for assistance. Other changes from the CARESAct include: Allows payments for taxpayers who filed their taxes using a Taxpayer Identification Number (TIN) rather than asocial security number; and Exempts past-due child support from impacting the payment amount.Expands Refundable Tax CreditsThe bill would expand refundable tax credits for low-income individuals and provide for greater flexibility. This includes: Earned Income Tax Credit (EITC) - For 2020, the minimum age to claim the childless EITC is reduced from 25 to19 (except for full-time students) and the upper age limit for the childless EITC is increased from age 65 to age 66.o The bill also proposes an increase of the earned income and phase-out thresholds to where the maximumcredit would increase from 538 to 1,487. Child Tax Credit (CTC) - The bill would make the CTC fully refundable for 2020 taxes.The bill also eliminates the limitation on the deduction for state and local taxes for taxable year 2020. This is better knownas the SALT deduction.
P age 3Investments in Unemployment Insurance (UI)The bill extends much of the assistance established under the CARES Act for workers who have become unemployed dueto the pandemic at the same level, which has been one of the main sticking points in negotiations between the House, Senateand the White House. Pandemic Unemployment Compensation will supplement UI state benefits by 600 per week, which the UpdatedHEROES Act extends through January 31, 2021.Extends Pandemic Unemployment Assistance for workers not otherwise eligible for regular state UI or who haveexhausted their state UI benefits though January 31, 2021.The benefit will be taxable but will not impact determinations in Medicaid or CHIP eligibility.The bill also extends the provision and makes a technical correction that reduces the amount nonprofits, tribes, andgovernment entities must reimburse states for their workers’ benefits by 50%.The bill also clarifies that individuals who unable to work due to remaining home to take care of their children areeligible for the unemployment benefit and that individuals who are no longer working for a business that is notfully closed are eligible as well.Other provisions or investments to support individuals and families Supplemental Nutrition Assistance Program (SNAP) - 10 billion in additional funding.o Women, Infants, and Children (WIC) 400 million in funding. Child Nutrition Programs - 3 billion in additional funding. Requires the Secretary of Agriculture to hold harmlesscommodity payments, special assistance payments, and state administrative expenses for the 2019-2020 schoolyear. Social Services Block Grant - 25 million to support child and family care for essential workers. Local food banks- 450 million for local food banks.Municipalities and Community AgenciesLocal FEMA MatchThe bill adjusts the Federal share of FEMA assistance for COVID-19-related emergencies and major disasters to 100percent. Adjusts the floor for Federal share of FEMA assistance from 75 percent to not less than 90 percent for anyemergencies and major disasters declared pursuant to the Stafford Act in 2020.State Coronavirus Fiscal Relief FundThe bill provides 238 billion in funding to assist state governments and the District of Columbia with the fiscal impactsfrom the public health emergency caused by the coronavirus. The District of Columbia will receive 755 million in CARESACT Coronavirus Relief Fund Repayment.Local Coronavirus Fiscal Relief FundThe bill provides 179 billion in direct funding to assist local governments with the fiscal impacts from the public healthemergency caused by the coronavirus. The funds will be split evenly between municipalities and counties and funds tomunicipalities will be distributed using the modified Community Development Block Grant (CDBG) formula.Clarification of Eligible Activities and Costs for Federal Assistance
P age 4The bill clarifies the eligible costs and activities state and local governments may propose for federal assistance orreimbursement. These would include but are not limited to, housing for first responders, emergency managers and otherhealth providers, costs for establishing and operating remote test sites, PPE and other critical supplies.Community Development Block Grant (CDBG) 5 billion in total will be provided for the CDBG program, which is the same amount provided under the CARES Act. Thefunds would be distributed by formula based on current grantees. The bill also continues to waive the cap on funds a localitycan spend on public services.Homeland Security and Emergency Response FundingThe bill invests 1.3 billion in multiple programs managed by the Federal Emergency Management Agency designed toassist localities and personnel on the front lines. Notable program investments include: Emergency Food and Shelter Program - 200 million. Assistance to Firefighter Grants - 500 million for protective equipment for firefighters. Emergency Management Performance Grants - 100 million to support coordination and communications at alllevels of government.Transportation and HousingThe bill includes additional investments for transportation and housing accounts to mitigate the impacts of the coronavirus.Notable investments include: Transit emergency relief - 32 billion, of which 28.5 billion is for operating assistance grants that, in combinationwith funds provided in the CARES Act, will support up to 100 percent of transit agencies annual operatingexpenses, 2.5 billion is for projects that received funding under the Capital Investment Grants program, and 1billion is for rural and paratransit providers. Section 8 Housing Vouchers for PHA’s - 4 billion in tenant-based rental assistance and for PHA’s to carry out itsoperations. Homeless and Rental Assistance Grants - The bill provides more than 56 billion over multiple programs to supporthomeless populations and low-income renters at risk of homelessness and eviction.Family Service ProgramsSocial Service Block Grant - The bill would provide 9.6 billion in funding for the Social Services Block Grant (SSBG) tosupport emergency services for states and localities. The bill also proposes an increase to the overall authorization of theprogram to 11.33 billion. The bill includes specific language to require states to subgrant at least 50% of funding to county and localgovernments working with community-based organizations serving disadvantaged individuals. The bill also offers additional flexibilities for children and family service programs, including suspending thefederal work participation requirements under TANF and allowing child welfare programs to provide servicesusing electronic means in order to comply with public health guidelines.Municipal Liquidity FundThe bill expands eligibility for local governments to access funds up to 500 billion in short-term credit through theFederal Reserve’s Municipal Liquidity Fund (MLF).Support for Public Health Data Systems and Health Infrastructure
P age 5The bill authorizes grants or cooperative agreements with state, local, tribal or territorial public health departments to support“the expansion and modernization of public health data systems.” Managed by the CDC, the grants would supportconsistency in data collection, dissemination of public health information, and the secure exchange of data between theCDC and local health departments. The bill also authorizes funding to support public health infrastructure needs,specifically: Provides 6 billion in CDC formula grants to establish a core public health infrastructure program through grantawards which would be distributed to address core infrastructure needs, with no less than 30 percent of funds goingto state, local, tribal or territorial health departments on a competitive basis. Additional grants to state healthdepartments would be awarded through a formula based on population size, burden of preventable disease anddisability, and core public health infrastructure gaps. Authorizes 2 billion in CDC grants to state, local, and territorial health departmentsGrants to Support Hiring and Training of Contact TracersThe bill authorizes grants to local workforce development systems to support the recruitment, placement, and training ofindividuals in COVID-19 contact tracing and related positions, with a focus on recruiting from impacted local communitiesand building a culturally competent workforce. Post-employment transition assistance is an aspect of the grants.Election AssistanceThe bill would implement the American Coronavirus/COVID-19 Election Safety and Security (ACCESS) Act, requiringlocal governments to establish vote-by-mail and other election contingency plans to encourage localities to follow publichealth guidelines while holding elections. The bill would provide funding for the Election Assistance Commissions to makepayments to eligible states for the costs of complying with these requirements.Other provisions to support municipality operations Suspends the prohibition on EDA grantees specifically to use federal funding to obtain consulting assistance indeveloping grant applications under the CARES Act. Administration for Community Living - 1.175 million across several services, including protections for seniorsand individuals with disabilities, supports for family caregivers, nutrition programs, and home and community basedservices.Criminal and Juvenile JusticeViolence Against Women Act (VAWA) ProgramsThe bill provides 375 million for VAWA programs, including: 100 million in grants to combat violence against women; 100 million for sexual assault victims assistance; 40 million for transitional housing assistance grants; 15 million to support families in the justice system; 100 million for the Family Violence Prevention Services Program; 2 million for the National Domestic Violence Hotline; and Language regarding the VOCA deposits fix and match waiver.Juvenile Justice Programs
P age 6The bill proposes 100 million for juvenile justice programs, including 50 million for Part B Formula Grants and 50million for programs authorized by the Victims of Child Abuse Act.Pandemic Justice Response Act GrantsA new grant program appropriated at 600 million to: (1) prevent, detect, and stop the presence of COVID-19 incorrectional institutions, and for pre-trial citation and release grants, (2) provide Rapid COVID-19 Testing at correctionalinstitutions, and (3) support for Juvenile Specific Services.Tribal GovernmentsTribal Coronavirus Fiscal Relief FundThe bill provides 9.5 billion in funding to assist Tribal governments with the fiscal impacts from the public healthemergency caused by the coronavirus. The bill also allows the use of these funds, as well as the Coronavirus Relief Fundmonies already received, to be used to replace foregone revenue related to coronavirus economic impacts. These funds areavailable until expended.Indian Health ServiceThe bill appropriates 2.3 billion to provide resources necessary to respond to the COVID-19 pandemic among Tribalcommunities.Bureau of Indian AffairsThe bill grants 900 million to support welfare assistance and other emergency response needs for tribal governments.HealthcarePublic Health ResponsesThe bill authorizes multiple new programs to expand the federal government’s efforts and coordination to respond to thepandemic. Notable provisions include: The bill requires the President appoint a Medical Supplies Response Coordinator to “coordinate the efforts of theFederal Government regarding the supply and distribution of critical medical supplies and equipment relating todetecting, diagnosing, preventing, and treating COVID-19, including personal protective equipment (PPE), medicaldevices, drugs, and vaccines,” including consultation with state and local governments. The bill requires the U.S. Department of Health and Human Services to provide an updated COVID-19 strategictesting plan no later than 30 days after the enactment of this Act, and establish a webpage available to the publicthat identifies FDA approved tests that can be used to detect the Coronavirus. The bill appropriates 75 billion to the CDC to establish a new national system and grant program for COVID-19testing, contact tracing, surveillance, containment and mitigation.o This includes a requirement for the CDC to award grants to state, local, tribal, and territorial healthdepartments to carry out evidence-based systems for testing and contact tracing.Access to Health Care for Individuals Affected by COVID-19The bill supports individuals infected by COVID-19. The bill allows states the option to leverage Medicaid to cover uninsured individuals receiving treatment forCOVID-19 without cost sharing.
P age 7 The bill also establishes zero out-of-pocket costs for COVID-19 treatment under Medicare Advantage during theCOVID-19 pandemic.Support for Healthcare ProvidersThe bill invests resources in support of health care providers on the front lines responding to the pandemic. Notableprovisions include: Health Care Provider Relief Fund - Codifies the fund established in the CARES Act to reimburse eligible providersfor expenses related to preventing and responding to COVID-19. 50 billion is authorized to carry out this section. Ready Reserve Corps and Expanding Health Professionals Deployment Ability - Provides additional funding forthe Medical Reserve Corps to ensure there are enough qualified medical professionals throughout the country totreat patients and respond to COVID-19. The bill also allows volunteer medical professionals responding toCOVID-19 to have liability protections and provides the Secretary of Health and Human Services (HHS) to reassignmembers of the National Health Service Corps to provide additional support for areas most impacted by the virus.Support for the Healthcare WorkforceThe bill authorizes and provides investments for multiple programs targeted to support the healthcare workforce tasked withresponding to the coronavirus. This includes support for doctors and nurses, coordination efforts, and additional educationand training for medical professionals. This includes: Establishes a Public Health Workforce Loan Repayment program to support the recruitment of public healthprofessionals to eliminate critical health workforce shortages in state and local agencies. Authorizes grants to schools of medicine in rural, underserved, or Minority-Serving Institutions. Establishes a technical assistance center through the Substance Abuse and Mental Health Services Administration(SAMHSA) to support public and nonprofit entities that provide mental health treatment to health care profess
However, the Updated HEROES Act does expand on the CARES Act by also making all dependents below age 24 eligible for the 500 qualifying child amount in calculating the direct payment amount. The CARES Act calculation only included dependents below age 17, making full time university students ineligible for assistance. Other changes from the CARES
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