COVID-19 Policy Update - Summary of Key Policies-HEALS Act vs. HEROES Act - Akin Gump Strauss Hauer & Feld LLP
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COVID-19 Policy Update
Summary of Key Policies—HEALS Act vs.
HEROES Act
July 28, 2020
Health Provisions
Senate House
HEALS Act HEROES Act
COVID-19 Requires the Department Requires the Centers for
Testing/Contact Tracing of Health and Human Disease Control and
Services (HHS) to publish Prevention (CDC) to
procedures and policies to create a new “nationwide
expand access to samples evidence-based system”
to support the for COVID-19 testing,
development of COVID-19 contact tracing,
diagnostics, therapeutics surveillance and
and vaccines. No national mitigation. Grants would
testing/contact tracing be allocated to provide a
program is required. minimum level of funding
for each state, with
additional funds flowing to
high-impact areas.
© 2020 Akin Gump Strauss Hauer & Feld LLP 1Senate House
HEALS Act HEROES Act
Telehealth Allows the Centers for Authorizes the Department
Medicare and Medicaid of Veterans Affairs to
Services (CMS) to extend make telehealth
Medicare telehealth capabilities available to
flexibilities through homeless veterans. No
December 31, 2021 or the Medicare telehealth
end of the public health policies.
emergency (PHE),
whichever is later. Extends
telehealth flexibilities for
federally qualified health
centers (FQHCs) and rural
health clinics (RHCs) for
five years beyond the end
of the PHE.
Medicare Provides up to 270 days Reduces the interest rate
Advance/Accelerated before offsetting claims for providers to one
Payments and 18 months for Part A percent, limits recoupment
providers and at least 14 to no more than 25
months for Part B percent of Medicare
providers and suppliers to reimbursement claims,
pay the full balance and and provides one full year
before interest accrues. before offsetting claims
No change to the interest and two years for
rate. Allows employers to providers to pay the full
offer telehealth as an balance.
excepted benefit to
employees who are not
full-time or do not qualify
for their employer’s
coverage.
© 2020 Akin Gump Strauss Hauer & Feld LLP 2Senate House
HEALS Act HEROES Act
Nursing Homes Authorizes the creation of Directs HHS to allocate
federal nursing home funds to states to create
strike teams to supplement nursing home “strike
state efforts. teams.”
Requires the Secretary to: Requires HHS to provide
develop online training additional assistance
courses for nursing through Medicare Quality
facilities, survey agencies, Improvement
the long-term care Organizations (QIOs) to
ombudsman in each state facilities struggling with
and other individuals; infection control.
enhance diagnostic
testing; and develop
training materials for
personnel of nursing
homes.
Requires the Secretary to
provide governors with a
list of nursing facilities in
which the reported cases
of COVID-19 increased
during the previous week.
Authorizes the Secretary
to create a website and
seek input on developing
training courses and best
practices in infection
control and prevention,
including cohorting,
strategies and use of
telehealth to mitigate the
transmission of COVID-19.
Authorizes HHS to work
with the Elder Justice
Coordinating Council to
promote testing and
infection control in nursing
facilities.
Medicare Part B Maintains 2021 Medicare No applicable language.
Part B premiums and
deductible at 2020 levels.
© 2020 Akin Gump Strauss Hauer & Feld LLP 3Senate House
HEALS Act HEROES Act
Consolidated Omnibus No applicable language. Provides full premium
Budget Reconciliation subsidies, through January
Act (COBRA) 2021, to allow workers to
maintain their employer-
sponsored coverage if
they are eligible for
COBRA due to a layoff or
reduction in hours, and for
workers who have been
furloughed but are still
active in their employer-
sponsored plan.
Affordable Care Act No applicable language. Provides a two-month
(ACA) Special special enrollment period
Enrollment on the ACA Exchanges for
individuals who are
uninsured for any reason.
Private Insurance No applicable language. Requires coverage of
COVID-19 treatment with
no patient cost-sharing in
group and individual
market insurance plans.
Medicaid No applicable language. Provides a further
temporary increase to the
Federal Medical
Assistance Percentage
(FMAP) rate and delays
implementation of the
Medicaid Fiscal
Accountability Regulation.
© 2020 Akin Gump Strauss Hauer & Feld LLP 4Tax Provisions
Senate House
HEALS Act HEROES Act
Federal Pandemic The CARES Act provided Extends the $600 per
Unemployment additional payments of week supplement to state
Compensation (FPUC) $600 per week to and federal
individuals receiving unemployment benefits
unemployment insurance through January 31, 2021.
(UI) through July 2020.
Beginning in August, the
HEALS Act proposes a
reduced UI payment of
$200 per week through
September 2020.
Beginning in October, the
program would be
replaced with a payment
(up to $500) that when
combined with the state
UI payment would replace
70 percent of lost wages.
Supplemental Provides payment to Extends the financial relief
Emergency states to reimburse provided to reimbursable
Unemployment Relief nonprofits, government employers in the CARES
for Governmental agencies and Indian tribes Act through January 31,
for half of the costs they
Entities and Nonprofits 2021, and make technical
incur through December
31, 2020 to pay corrections to ensure that
unemployment benefits. states can simply waive
This provision increases 50 percent of the amount
the percentage from 50 to owed by such employers.
75 percent.
© 2020 Akin Gump Strauss Hauer & Feld LLP 5Senate House
HEALS Act HEROES Act
Employee Retention Tax The CARES Act provided Increases the per-
Credit (ERTC) an ERTC in the form of a employee limit for the
refundable payroll tax Employee Retention
credit equal to 50 percent Credit (ERC) from 50
of certain wages paid by percent of $10,000 (or
employers to employees $5,000 for the year) to 80
during the crisis. The percent of $45,000 (or
Senate legislation $36,000 for the year) per
increases the applicable employee.
percentage of qualified
wages reimbursed
through the credit to 65
percent and enhances
coordination between the
credit and the PPP by
allowing employers to be
eligible for both programs.
The maximum credit
amount was also
increased from $10,000
per year to $10,000 per
quarter (with a maximum
of $30,000 per year).
Also, lowers the amount
of reduction in gross
receipts to qualify from a
50 percent decline to a 25
percent decline.
Stimulus Payments Qualifying individuals Provides additional
earning an adjusted gross economic stimulus
income up to $75,000 payments in the form of a
($150,000 married), who refundable tax credit of
are not a dependent are $1,200 for single filers,
eligible for a $1,200 $2,400 for joint filers, plus
($2,400 married) rebate; $1,200 for each
additional $500 dependent (up to three
dependent rebate will now dependents per
be provided to taxpayers household), with a phase-
with dependents of any out for higher incomes.
age. Phases-out once the
income exceeds $99,000
($146,500 head of
household with one child
or $198,000 joint filers
with no children).
© 2020 Akin Gump Strauss Hauer & Feld LLP 6Senate House
HEALS Act HEROES Act
Earned Income Tax No applicable language. Expands the eligibility and
Credit (EITC) the amount of the earned
income tax credit for
taxpayers with no
qualifying children.
Increases the maximum
credit amount from $538
to $1,487.
Child Tax Credit (CTC) No applicable language. Makes the CTC fully
and Child and refundable for 2020 and
Dependent Care Tax increases the amount to
Credit (CDCTC) $3,000 per child ($3,600
for a child under age 6).
Puerto Rico will receive
the refundable CTC by
having its residents file for
the CTC with the IRS.
Makes the CDCTC fully
refundable for 2020 and
increases the maximum
credit rate to 50 percent.
Work Opportunity Tax Temporarily adds 2020 No applicable language.
Credit (WOTC) qualified COVID-19
unemployment recipients
as a new WOTC targeted
group; increases the
credit amount applicable
to the new targeted group
to 50 percent of the first
$10,000 of qualified first-
year wages. This
provision also removes
the limitation on rehires
for 2020 qualified
recipients.
© 2020 Akin Gump Strauss Hauer & Feld LLP 7Senate House
HEALS Act HEROES Act
Safe and Healthy Establishes a refundable No applicable language.
Workplace Tax Credit payroll tax credit equal to
50 percent of an
employer’s qualified
employee protection,
workplace configuration
and workplace technology
expenses; cap is equal to
$1,000 for each of the first
500 employees, plus $750
for each employee
between 500 and 1,000,
plus $500 for each
employee that exceeds
1,000.
Payroll Credit for Fixed No applicable language. Provides a 50 percent
Expenses of Employers refundable payroll tax
Subject to Closure by credit for qualified fixed
COVID-19 costs, which include
covered rent obligations,
covered mortgage
obligations and covered
utility payments, limited to
employers with no more
than 1,500 full-time
equivalent employees or
no more than $41.5
million in gross receipts in
2019.
State and Local Taxes No applicable language. Eliminates the $10,000
(SALT) cap on SALT deductions.
Business Meal Provides temporary No applicable language.
Deduction for allowance of 100 percent
Restaurants deduction for business
meals through 2020.
© 2020 Akin Gump Strauss Hauer & Feld LLP 8Senate House
HEALS Act HEROES Act
Retirement and Clarifies that money Creates an expanded
Pensions purchase plans are partition program allowing
included in the retirement the Pension Benefit
plans qualifying for Guarantee Corporation
Section 2202 of the (PBGC) to take on
CARES Act, which increased financial
temporarily allows obligations in distressed
individuals to make multi-employer pensions
penalty-free withdrawals plans; provides relief to
from certain retirement single-employer plans by
plans for COVID-19 extending amortization.
related expenses.
Independent Establishes a safe harbor Provides a 90 percent
Contractors allowing marketplace refundable individual
platform companies to income tax credit for
provide certain COVID-19 certain self-employed
related assistance to individuals who have
service providers without experienced a significant
jeopardizing their loss of income.
independent contractor
status.
Paid Sick and Family No applicable language. Extends the refundable
Leave payroll tax credits for paid
sick and family leave
through the end of 2021.
Net Operating Loss Allows farmers who Limits NOL carrybacks to
(NOL) elected a two-year NOL taxable years beginning
carryback rather than on or after January 1,
claim the five-year 2018. Prohibits taxpayers
carryback provided by the with excessive executive
CARES Act. Also allows compensation or
farmers who previously excessive stock buybacks
waived an election to and dividends from
carry back NOL to revoke carrying back losses.
the new waiver. Applies Reinstates and makes
retroactively as if included permanent a limit on the
in the CARES Act. ability of pass-through
business owners to
deduct business net
operation losses over
$250,000 ($500,000 for
joint filers).
© 2020 Akin Gump Strauss Hauer & Feld LLP 9Senate House
HEALS Act HEROES Act
Carryover for Health and Allows FSA/Dependent Permits health and
Dependent Care Flexible Care Flexible Spending dependent care flexible
Spending Arrangements Account (DCFSA) unused spending arrangements to
(FSAs) 2020 contribution allow participants to carry
amounts to be rolled over over up to $2,750 in
into the 2021 plan year. unused benefits and the
annual maximum amount
of unused dependent care
assistance benefits,
respectively, from 2020 to
2021.
Health Savings Allows employer on-site No applicable language.
Accounts (HSAs) clinics to be an eligible
HSA expense through
December 31, 2021.
Paycheck Protection Program (PPP)
Senate House
HEALS Act HEROES Act
Program Extension Extends authorization for Extends authorization for
the PPP through the PPP through
December 31, 2020. December 31, 2020.
7(a) Loans to Recovery Authorizes $100 billion in Includes proposals to
Sector Businesses long-term, low-cost loans better support SBA’s core
to recovery sector programs, including
businesses, which include waiving fees associated
seasonal businesses and with the SBA 7(a) and 504
businesses located in low- loan programs for
income census tracts that borrowers and lenders
meet the applicable SBA and increasing the annual
revenue size standard, lending limit of the 7(a)
have no more than 500 program from $30 billion
employees, and to $75 billion.
demonstrate at least a 50
percent reduction in gross
revenues.
© 2020 Akin Gump Strauss Hauer & Feld LLP 10Senate House
HEALS Act HEROES Act
PPP Second Draw Provides $190 billion of Appropriates an additional
Loans committed and $10 billion for Emergency
appropriated funds to EIDL Grants to remain
support PPP and PPP available until expended.
Second Draw Loans.
Sets aside funds
Eligibility for PPP Second
specifically for small
Draw loans is defined as
Community Development
small businesses that
Financial Institutions
meet the applicable SBA
(CDFIs), Minority
revenue size standard,
Depository Institutions
have no more than 300
(MDIs), SBA microlenders
employees and
and SBA Certified
demonstrate at least a 50
Development Companies
percent reduction in gross
(CDCs), and mandates
revenues.
that 25 percent of the
Includes a $25 billion set- funds be used for small
aside for entities with 10 businesses with 10 or
or fewer employees and a fewer employees and that
$10 billion set-aside for another 25 percent of the
loans made by community funds be used solely for
lenders. nonprofits.
The maximum loan size Removes regulatory
would equal 2.5 times actions that limited
average total monthly forgiveness of non-payroll
payroll costs, up to $2 operating expenses to 25
million. Businesses that percent of total
received a PPP loan may forgiveness.
not receive another PPP
loan that aggregates to
more than $10 million.
The 60/40 cost allocation
for payroll and nonpayroll
costs to receive full PPP
forgiveness continues to
apply.
© 2020 Akin Gump Strauss Hauer & Feld LLP 11Senate House
HEALS Act HEROES Act
PPP Improvements Expands forgivable Adds flexibility in the
expenses to include covered period for
covered supplier costs, borrowers by extending
covered worker protection the eight-week period to
expenditures, and 24 weeks and extends the
covered operations covered period from June
expenditures. 30 to December 31.
Allows borrowers to select Expands eligibility for the
a preferred 8-week period PPP to all 501(C)
through 2020 to use the nonprofits.
forgivable loan proceeds.
Simplifies the forgiveness
application process for
loans under $2 million.
Expands PPP eligibility to
include certain 501(c)(6)
organizations, including
Chambers of Commerce
and Destination Marketing
Organizations with 300 or
fewer employees.
Liability Reform
Senate House
HEALS Act HEROES Act
Liability Reform Includes personal injury No applicable language.
liability limitation, medical
malpractice liability
imitation, product liability
limitation and
labor/employment liability
protection.
© 2020 Akin Gump Strauss Hauer & Feld LLP 12State/Local Government Assistance
Senate House
HEALS Act HEROES Act
Coronavirus Relief The CARES Act provided Includes $500 billion for
Funds $150 billion in state governments and
“Coronavirus Relief $375 billion for local
Funds” to state and local governments to mitigate
governments to cover the fiscal impacts of
COVID-19 related COVID-19.
expenditures through the
end of 2020.
While Republicans have
not proposed additional
funding for state and local
governments, they have
proposed extending the
end date that states and
localities may use these
funds from December 30,
2020, to 90 after the last
day of a government’s
fiscal year (FY) 2021.
Critical Supply Chains and Expanding Manufacturing Capacity
Senate House
HEALS Act HEROES Act
State Stockpiles Establishes state No applicable language
stockpiles of medical
products (PPE,
ventilators, etc.)
© 2020 Akin Gump Strauss Hauer & Feld LLP 13Senate House
HEALS Act HEROES Act
Strategic National Aims to improve the SNS Enhances medical supply
Stockpile (SNS) by partnering with medical chain elasticity, improves
product manufacturers, the domestic production of
distributors or other PPE and partners with
entities to increase the industry to refresh and
stockpiling and replenish existing stocks.
manufacturing capacity of
Allows the SNS to sell
reserve amounts of
products to other federal
medical products to be
departments/agencies
provided during or in
within six months of
advance of a public health
product expiration.
emergency.
Requires the Secretary of
Requires that any
HHS to report weekly on
purchases by HHS of
the inventory status of the
covered items for the SNS
SNS during a public
be manufactured
health emergency.
domestically within five
years except for Requires the SNS to
purchases under develop improved
$150,000 and those that processes for requests
the Secretary determines and future
is not available. Covered communications between
PPE items include the SNS and states, as
clothing, sanitizing well as report to Congress
supplies and ancillary about every request made
medical supplies such as to the SNS during COVID-
disinfecting wipes, privacy 19.
curtains, beds and Launches a Government
bedding, testing swabs, Accountability Office
gauze and bandages, (GAO) study on user fees
tents, tarpaulins, covers or for the SNS.
bags. The component
parts must also be grown,
reprocessed, reused or
produced in the U.S.
Guidance for States and Requires HHS to publish Guarantees the Indian
Indian Tribes on guidance on how states Health Service (IHS) and
Accessing the SNS and tribes can request other tribal health
and access resources organizations direct
from the SNS. access to the SNS.
Credit for U.S. Establishes a 30 percent No applicable language.
Manufacturers credit for U.S.
manufacturers against
equipment costs
associated with PPE
manufacturing.
© 2020 Akin Gump Strauss Hauer & Feld LLP 14Senate House
HEALS Act HEROES Act
Foreign Researchers Requires sponsors of No applicable language.
foreign researchers to
disclose information about
foreign researchers to the
State Department to
prevent unauthorized
access of export
technologies.
Microelectronics Establishes a grant No applicable language.
program under the
Department of Commerce
for the purpose of
constructing, expanding
and modernizing
commerce semiconductor
manufacturing facilities in
the U.S.
Requires the Department
of Defense to work with
private sector
microelectronic
manufacturers to support
collaborative research and
a secure supply chain.
Establishes a Multilateral
Microelectronics Security
Fund to incentivize
multilateral participation
and a secure
microelectronics supply
chain.
National Centers of No applicable language. Creates the National
Excellence in Centers of Excellence in
Continuous Continuous
Pharmaceutical Pharmaceutical
Manufacturing Manufacturing.
Supply Chain Flexibility No applicable language. Establishes a supply chain
Manufacturing Pilot flexibility manufacturing
Program pilot program to enhance
medical supply chain
elasticity and establish
and maintain domestic
reserves of medical
supplies.
© 2020 Akin Gump Strauss Hauer & Feld LLP 15Senate House
HEALS Act HEROES Act
Supply Chain No applicable language. Requires the President to
Vulnerabilities produce a detailed plan to
ensure the supply of
medical materials
essential to national
defense, analyze existing
supply chains for
vulnerabilities and detail
measures that can be
taken to diversify supply
chains.
Public Health and Social No applicable language. Allocates additional
Services Emergency funding to the Public
Fund Health and Social
Services Emergency Fund
for expanding
manufacturing to respond
to the COVID-19
pandemic.
Education and Workforce Development
Senate House
HEALS Act HEROES Act
Simplifying Student Reduces current Provides up to $10,000 in
Loan Repayment repayment options to two debt relief to be applied to
options: a standard 10- a private student loan.
year mortgage-style
Requires private student
payment plan and an
servicing companies that
income-based payment
receive funds to offer
plan that limits payments
income driven repayment
to 10 percent of
plans.
discretionary income (the
income amount above 150
percent of the federal
poverty line).
Emergency Education Authorizes one-time, No applicable language.
Freedom Grants emergency appropriations
funding for scholarship-
granting organizations
(SGOs) in each state.
© 2020 Akin Gump Strauss Hauer & Feld LLP 16Senate House
HEALS Act HEROES Act
Waivers for Career, Provides the Secretary Provides legislative
Technical and Adult with the authority to flexibility for programs
Education provide waivers from the under the Carl D. Perkins
Carl D. Perkins Career Career and Technical
and Technical Education Education Act of 2006, the
Act of 2006, the Adult Adult Education and
Education and Family Family Literacy Act, and
Literacy Act and the allows Perkins CTE and
General Education Adult Education eligible
Provisions Act. agencies to apply for
waivers under the General
Education Provisions Act
for the 2019-2020
academic year.
Additional Workforce Authorizes 40 percent of Provides additional
Activities funds provided under the eligibility and enrollment
Workforce Innovation and length flexibilities for Job
Opportunity Act to be Corps participants.
used on incumbent worker
Expands age and
training or transitional
enrollment length eligibility
jobs.
requirements for
Provides the Secretary of YouthBuild activities.
Labor with the authority to
Requires the Secretary to
waive age and program
identify strategies to
length requirements for
support virtual and online
Job Corps and
learning and training for
YouthBuild.
apprenticeships.
Authorizes additional
funding to support youth
activities under the
Workforce Innovation and
Opportunity Act, the
Reentry Employment
Opportunities program at
the Department of Labor,
National Dislocated
Worker grants, and
apprenticeship.
© 2020 Akin Gump Strauss Hauer & Feld LLP 17Senate House
HEALS Act HEROES Act
Workforce Recovery and Authorizes funding for a Allocates $485 million for
Training Services formula grant to states to grants to states for adult
support job training, employment and training
including through activities activities, including
authorized under the incumbent worker
Workforce Innovation and trainings, transitional jobs,
Opportunity Act such as on-the-job training,
customized training, on- individualized career
the-job training, Individual services and more.
Training Accounts or
transitional jobs.
Amendments to Clarifies that the CARES Waives the nonfederal
Education Provisions of Act waiver for matching match requirement for
CARES funds in Federal Work nonprofit employers for
Study extends to award years 2019-2020
participating nonprofit and 2020-2021.
organizations.
Extends flexibility to allow
Extends CARES authority institutions to pay federal
to reallocate work-study students
Supplemental Education unable to complete their
Opportunity Grant or jobs.
Federal Work Study funds
Clarifies that a foreign
through the end of the
institution is eligible to
2020-2021 award year.
offer courses via distance
Extends CARES waivers declaration and allows
to foreign institutions foreign institutions to enter
through the end of the into agreements with U.S.-
2020-2021 award year. based institutions.
Clarifies that CARES Act
relief for federal student
loan borrows also applies
to students in in-school
deferment.
© 2020 Akin Gump Strauss Hauer & Feld LLP 18Tribal Provisions
Senate House
HEALS Act HEROES Act
Guidance for States Requires HHS to publish Requires a process
and Indian Tribes on guidance on how states developed that shall
Accessing the SNS and tribes can request include the form and
and access resources manner in which states,
from the SNS. localities, tribes and
territories are required to
submit requests for
supplies from the SNS;
the criteria used by the
Secretary in responding to
such requests, including
the reasons for fulfilling or
denying such requests;
and the circumstances
that result in prioritization
of distribution of supplies
from the Stockpile to
states, localities, tribes or
territories.
© 2020 Akin Gump Strauss Hauer & Feld LLP 19Coronavirus Relief No additional funding for Provides $20 billion in
Fund the Coronavirus Relief funding to assist tribal
Fund, but provides governments with the
expansion of allowable fiscal impacts from the
use of Coronavirus Relief public health emergency
Fund payments by states caused by the
and tribal and local Coronavirus. The Act
governments, and affirms the April 27, 2020
expands the end date for decision in the Chehalis
allowable necessary lawsuit and clarifies the
expenditures from intent of Congress that
December 30, 2020 to 90 only federally recognized
days after the last day of a tribal governments are
government’s FY 2021. eligible for payments from
the Coronavirus Relief
Allows Coronavirus Relief
Fund and not Alaska
Funds to be used for
Native Corporations.
“revenue shortfalls,”
defined as shortfalls of The bill requires the
revenue from taxes, fees Treasury Secretary to
or other sources of funds redistribute any returned
for a state, local or other amounts from the CARES
government relative to FY Act to eligible tribal
2019 levels. To be able to governments and requires
use relief funds to cover redistribution of amounts
revenue shortfalls, a received or recouped from
government must certify prior payments for tribal
that it has distributed at governments. The bill
least 25 percent of requires the Treasury
Coronavirus Relief Funds Secretary to disclose a
it received to downstream detailed description of the
governments. A allocation formula, and the
government can use no process and methodology
more than 25 percent of used to determine the
relief funds it has received funding allocation.
to cover revenue
The term “Indian Tribe” is
shortfalls.
deleted and the term
Tribal government under “Tribal Government” is
the HEALS Act means a defined as “the recognized
tribal government governing body of any
identified pursuant to the Indian or Alaska Native
Federally Recognized tribe, band, nation,
Indian Tribe List Act of pueblo, village,
1994. community, component
band, or component
reservation, individually
identified (including
parenthetically) in the list
published most recently
as of the date of
© 2020 Akin Gump Strauss Hauer & Feld LLP 20Senate House
HEALS Act HEROES Act
enactment of this Act
pursuant to the Federally
Recognized Indian Tribe
List Act of 1994.”
The bill provides more
flexibility for tribal, state
and local governments to
use the funds, and says
that funds can be used to
replace lost, delayed or
decreased revenues
stemming from the public
health emergency with
respect to COVID-19. The
bill also extends the date
range of allowable
expenses from January 1,
2020 through December
31, 2020. The prior law
only allowed for expenses
incurred after March 1.
Time to Rescue United States’ Trusts (TRUST) Act
Senate House
HEALS Act HEROES Act
Federal Trust Funds Requires the Treasury No applicable language.
Secretary to submit a
report to Congress
identifying each federal
trust fund program
projected to have
inadequate balances at
any point prior to the end
of fiscal year (FY) 2035
and establishes a “Rescue
Committee” for each trust
fund to provide for the
solvency of that trust fund
and simply and improve
the program.
© 2020 Akin Gump Strauss Hauer & Feld LLP 21COVID-19 Heroes Fund
Senate House
HEALS Act HEROES Act
Premium Pay for No applicable language. Proposes establishing a
Essential Workers $200 billion Heroes Fund.
Under the provision,
theTreasury would award
grants to essential
employers to provide
premium pay to essential
workers.
Additional Supplemental Appropriations
Senate House
HEALS Act HEROES Act
Agriculture, Rural Allocates $20 billion of Allocates $20 billion to
Development, Food and direct payments to strengthen activities and
Drug Administration and growers, producers and services that connect
Related Agencies processors who are farmers and ranchers to
impacted by COVID-19. stress assistance
resources and programs.
Commerce, Justice, Allocates $448 million for Allocates $400 million to
Science and Related the Bureau of the Census, the Bureau of the Census
Agencies including additional for expenses due to
funding for field delays in the 2020
operations and data Decennial Census.
processing related to the
Allocates $200 million for
2020 Decennial Census.
the Federal Bureau of
Allocates $200 million for Prisons.
Federal Bureau of
Prisons.
Financial Services and No additional funding for Allocates $500 billion for
General Government: state and local state governments and
governments, instead $375 billion for local
allows them to use governments to mitigate
CARES Act funds to make the fiscal impacts of
up lost revenues. COVID-19.
Homeland Security Allocates $1.08 billion for Allocates $1.3 billion to
the Federal Emergency FEMA to respond to the
Management Agency pandemic.
(FEMA) to respond to the
Allocates $3 million to the
pandemic.
Department of Homeland
Allocates $208 million for Security Inspector
pandemic response for General for oversight of
the Transportation pandemic response
Security Administration. activities.
© 2020 Akin Gump Strauss Hauer & Feld LLP 22Senate House
HEALS Act HEROES Act
Interior, Environment, Allocates $1.6 billion for Allocates $2.1 billion for
and Related Agencies the Indian Health Service the Indian Health Service
to address health care to address health care
needs related to the needs related to the
pandemic. pandemic.
Allocates $1 billion to the
Department of the Interior
for building hospitals and
critical infrastructure in the
Insular Areas respond to
the pandemic.
© 2020 Akin Gump Strauss Hauer & Feld LLP 23Labor, Health and Allocates $2.5 billion to Allocates $3.1 billion to
Human Services, the Department of Labor the Department of Labor
Education and Related to support workforce to support workforce
Agencies training and worker training and worker
protection activities protection activities
relating to the pandemic. relating to the pandemic.
For the Department of For the Department of
Health and Human Health and Human
Services: Services:
• $3.4 billion for the • $2.1 billion for the
Centers for Disease Centers for Disease
Control and Control and Prevention.
Prevention. $125 $100 million of this is
million shall be available to tribes, tribal
allocated to tribes, organizations, urban
tribal organizations, Indian health
urban Indian health organizations or health
organizations or health service providers to
service providers to tribes for health-related
tribes for carrying out activities.
surveillance,
• $4.74 billion for the
epidemiology,
National Institutes of
laboratory capacity,
Health.
infection control,
immunization activity, • $175 billion to the
mitigation, Public Health and
communications and Social Services
other preparedness Emergency Fund.
and response activities. • $3 billion for the
• $15.5 billion for the Substance Abuse and
National Institutes of Mental Health Services
Health. Administration.
• $78.1 for the Public • $175 million for the
Health and Social Centers for Medicare
Services Emergency and Medicaid Services.
Fund. • $10 billion for the
• $4.5 billion for the Administration for the
Substance Abuse and Administration for
Mental Health Services Children and Families.
• $150 million for the • $100 million for the
Centers for Medicare Administration for
and Medicaid Services. Community Living.
• $16.7 billion for the • $7.6 billion for the
Administration for Health Resources and
Children and Families. Services
Administration.
© 2020 Akin Gump Strauss Hauer & Feld LLP 24Senate House
HEALS Act HEROES Act
• $75 million for the • $4.57 billion for the
Administration for Assistant Secretary for
Community Living. Preparedness and
Response.
Provides $4.5 billion for
the Substance Abuse and Provides $3 billion for the
Mental Health Services Substance Abuse and
Administration Mental Health Services
(SAMHSA): Administration
(SAMHSA):
• $2 billion for Mental
Health Services Block • $1.5 billion for
Grant (at least half Substance Abuse
must be directed to Prevention and
behavioral health Treatment Block Grant.
providers).
• $1 billion for
• $1.5 billion for Community Mental
Substance Abuse and Health Services Block
Prevention Treatment Grant.
Block Grant.
• $265 million for
• $600 million for emergency response
Certified Community grants to address
Behavioral Health behavioral health
Clinics. needs.
• $50 million for Suicide • $25 million for Suicide
Prevention Programs. Lifeline and Disaster
Distress Helpline.
• $100 million to support
mental health in • $100 million for Project
schools (Project AWARE.
AWARE).
• At least $150 million for
• $250 million for flexible tribes, tribal
emergency grants to organizations, urban
states. Indian Health
organizations or health
service providers to
tribes across a variety
of programs.
Allocates $105.1 billion for Allocates $100 billion for
the Department of the Department of
Education, including $525 Education, including $450
million for the Bureau of million for the Bureau of
Indian Education (from the Indian Education (from the
Department of Education Department of Education
Stabilization Fund). Stabilization Fund).
© 2020 Akin Gump Strauss Hauer & Feld LLP 25Senate House
HEALS Act HEROES Act
Transportation, Housing Allocates $13 billion for Allocates $15 billion for
and Urban the Department of ongoing work of State,
Development, and Transportation, $10 billion Tribal, and Territorial
Related Agencies of which is for the Airport Departments of
Improvement Program Transportation and $16
(AIP)—the same amount billion for operating
provided under the assistance grants to
CARES Act. support transit agencies.
No additional funding for
AIP.
State, Foreign Allocates $425 million for Allocates $2 million for the
Operations, and Related Consular and Border Department of State
Programs Security Programs. Inspector General.
Relevant Links
• Cares 2.0: Emergency Appropriations (Legislative Text)
• Cares 2.0: Emergency Appropriations (Section-By-Section Summary)
• Cares 2.0: Senate Finance Committee Provisions (Legislative Text)
• Cares 2.0: Senate Finance Committee Provisions (Section-By-Section Summary)
• Cares 2.0: Continuing Small Business Recovery and PPP Act (Legislative Text)
• Cares 2.0: Continuing Small Business Recovery and PPP Act (Section-By-Section
Summary)
• Cares 2.0: Continuing Small Business Recovery and PPP Act (One-Pager)
• Cares 2.0: Safely Back to School and Back to Work Act (Legislative Text)
• Cares 2.0: Safely Back to School and Back to Work Act (Section-By-Section
Summary)
• Cares 2.0: Child Care Grants One-Pager
• Cares 2.0: Simplifying Student Loan Repayment One-Pager
• Cares 2.0: Safe to Work Act (Legislative Text)
• Cares 2.0: Safe to Work Act (Section-By-Section Summary)
• Cares 2.0: Supporting America’s Restaurant Workers Act (Legislative Text)
• Cares 2.0: Cares 2.0 Restoring Critical Supply Chains and Intellectual Property Act
(Legislative Text)
• Cares 2.0: Cares 2.0 Restoring Critical Supply Chains and Intellectual Property Act
(Section-By-Section Summary)
• Cares 2.0: TRUST Act (Legislative Text)
• Cares 2.0: TRUST Act (Section-By-Section Summary)
• Cares 2.0: TRUST Act (One-Pager)
© 2020 Akin Gump Strauss Hauer & Feld LLP 26akingump.com © 2020 Akin Gump Strauss Hauer & Feld LLP 27
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