Defense Communities Coronavirus Relief Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 7290 To modify the cost-sharing requirement of the Defense Community Infrastruc- ture Program and to temporarily expand eligibility for Department of Defense impact aid and authorize additional amounts to provide such aid, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 22, 2020 Mr. HECK (for himself, Mr. CROW, Mr. KIM, and Mr. KILMER) introduced the following bill; which was referred to the Committee on Armed Serv- ices, and in addition to the Committees on Financial Services, and Edu- cation and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To modify the cost-sharing requirement of the Defense Com- munity Infrastructure Program and to temporarily ex- pand eligibility for Department of Defense impact aid and authorize additional amounts to provide such aid, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Defense Communities 4 Coronavirus Relief Act of 2020’’. 5 VerDate Sep 11 2014 00:30 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7290.IH H7290 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 7290 IH SEC. 2. MODIFICATION OF COST-SHARING REQUIREMENT 1 OF THE DEFENSE COMMUNITY INFRASTRUC- 2 TURE PROGRAM. 3 Paragraph (2) of section 2391(d) of title 10, United 4 States Code, is amended to read as follows: 5 ‘‘(2)(A) The Secretary of Defense shall establish cri- 6 teria for the selection of community infrastructure 7 projects to receive assistance under paragraph (1). The 8 criteria shall include a cost-sharing requirement under 9 which the State government, local government, or not-for- 10 profit, member-owned utility service proposing the com- 11 munity infrastructure project shall be required to cover 12 a percentage of the cost of the community infrastructure 13 project, as specified for the fiscal year involved in subpara- 14 graph (B) or (C). 15 ‘‘(B) In the case of a community infrastructure 16 project that receives funds during the fiscal year 2021 ap- 17 plication cycle, the State government, local government, 18 or not-for-profit, member-owned utility service shall agree 19 to contribute five percent of the funding for the commu- 20 nity infrastructure project, unless a national security waiv- 21 er is approved by the Secretary of Defense. 22 ‘‘(C) In the case of a community infrastructure 23 project that receives funds during the fiscal year 2022 or 24 a subsequent application cycle: 25 VerDate Sep 11 2014 00:30 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7290.IH H7290 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 7290 IH ‘‘(i) If the community infrastructure project will 1 be carried out in a non-rural area, the State govern- 2 ment, local government, or not-for-profit, member- 3 owned utility service shall agree to contribute 30 4 percent of the funding for the community infrastruc- 5 ture project, unless a national security waiver is ap- 6 proved by the Secretary of Defense. 7 ‘‘(ii) If the community infrastructure project 8 will be carried out in a rural area, the State govern- 9 ment, local government, or not-for-profit, member- 10 owned utility service shall agree to contribute 20 11 percent of the funding for the community infrastruc- 12 ture project, unless a national security waiver is ap- 13 proved by the Secretary of Defense.’’. 14 SEC. 3. EXPANSION OF ELIGIBILITY FOR ASSISTANCE TO 15 SCHOOLS WITH SIGNIFICANT NUMBERS OF 16 MILITARY DEPENDENT CHILDREN. 17 (a) TEMPORARY EXPANSION OF ELIGIBILITY FOR 18 DOD ASSISTANCE.—Notwithstanding paragraph (2) of 19 section 572(a) of the National Defense Authorization Act 20 for Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 21 7703b), a qualified local educational agency shall be eligi- 22 ble to receive assistance under such section for fiscal years 23 2021 and 2022 if at least five percent (as rounded to the 24 nearest whole percent) of the students in average daily at- 25 VerDate Sep 11 2014 00:30 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7290.IH H7290 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 7290 IH tendance in the schools of such agency during the pre- 1 ceding school year were military dependent students 2 counted under section 7003(a)(1) of the Elementary and 3 Secondary Education Act of 1965 (20 U.S.C. 7703(a)(1)). 4 (b) INCREASE IN FUNDING FOR DOD ASSIST- 5 ANCE.—There are authorized to be appropriated 6 $150,000,000 for fiscal year 2021 for the purpose of pro- 7 viding assistance to local educational agencies under sub- 8 section (a) of section 572 of the National Defense Author- 9 ization Act for Fiscal Year 2006 (Public Law 109–163; 10 20 U.S.C. 7703b). 11 (c) QUALIFIED LOCAL EDUCATIONAL AGENCY DE- 12 FINED.—In this section, the term ‘‘qualified local edu- 13 cational agency’’ means a local educational agency (as de- 14 fined in section 7013(9) of the Elementary and Secondary 15 Education Act of 1965 (20 U.S.C. 7713(9))) that is lo- 16 cated in an area covered by a declaration of a major dis- 17 aster or emergency (as those terms are defined in section 18 102 of the Robert T. Stafford Disaster Relief and Emer- 19 gency Assistance Act (42 U.S.C. 5122)) at any time dur- 20 ing the period beginning on March 1, 2020, and ending 21 on July 31, 2020. 22 VerDate Sep 11 2014 00:30 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7290.IH H7290 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 7290 IH SEC. 4. SUPPORT FOR BUSINESSES SERVING MILITARY IN- 1 STALLATIONS. 2 (a) IN GENERAL.—The President shall exercise the 3 authorities provided under title III of the Defense Produc- 4 tion Act of 1950 to provide direct loans to small busi- 5 nesses identified under subsection (b). 6 (b) IDENTIFICATION OF BUSINESSES.— 7 (1) IN GENERAL.—The Secretary of Defense 8 shall establish a process under which commanders of 9 military installations may each identify up to 10 10 small businesses that— 11 (A) provide mission essential products and 12 services to the applicable military installation; 13 and 14 (B) have been negatively impacted due to 15 COVID–19 and the resulting economic down- 16 turn. 17 (2) NON-DUPLICATION.—A small business may 18 not be identified under paragraph (1) by more than 19 one commander of a military installation. 20 (c) LIMITATION ON EXPENDITURES.—In carrying 21 out subsection (a), the President may not expend more 22 than $100,000 with respect to a single small business. 23 (d) DETERMINATION.—For purposes of title III of 24 the Defense Production Act of 1950 (50 U.S.C. 4531 et 25 seq.), products and services provided by small businesses 26 VerDate Sep 11 2014 00:30 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7290.IH H7290 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 7290 IH identified under subsection (b) to military installations 1 shall be deemed an industrial resource, critical technology 2 item, or material that is essential for national defense pur- 3 poses. 4 (e) FUNDING.—There is appropriated, out of 5 amounts in the Treasury not otherwise appropriated, 6 $50,000,000 to exercise the authorities described under 7 subsection (a). 8 (f) REPORT.—Not later than the end of the 365-day 9 period beginning on the date of enactment of this Act, the 10 President shall issue a report to the Congress detailing 11 the use of the authorities provided by this Act. 12 (g) DEFINITIONS.—In this section: 13 (1) MILITARY INSTALLATION.—The term ‘‘mili- 14 tary installation’’ has the meaning given that term 15 under section 2687 of title 10, United States Code. 16 (2) MISSION ESSENTIAL PRODUCTS AND SERV- 17 ICES.—The term ‘‘mission essential products and 18 services’’ means— 19 (A) products or services essential to— 20 (i) physical security; 21 (ii) ensuring a regular supply of food, 22 water, and medical supplies; 23 VerDate Sep 11 2014 00:30 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7290.IH H7290 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 7290 IH (iii) maintenance and upkeep of mili- 1 tary installation facilities, grounds, and ve- 2 hicles; or 3 (iv) ensuring a regular supply of utili- 4 ties (including water, electricity, and nat- 5 ural gas); or 6 (B) any products or services not described 7 under subparagraph (A) with respect to which 8 the commander of a military installation deter- 9 mines that a gap in the availability of such 10 products or services would disrupt normal oper- 11 ations of the military installation. 12 (3) SMALL BUSINESS.—The term ‘‘small busi- 13 ness’’ has the meaning given the term ‘‘small busi- 14 ness concern’’ under section 3 of the Small Business 15 Act. 16 Æ VerDate Sep 11 2014 00:30 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H7290.IH H7290 kjohnson on DSK79L0C42PROD with BILLS