Court filing
Reported to House (committee) — American Rescue Plan Act of 2021
Record facts
| Court | Paycheck Protection Program |
|---|---|
| Filed | 2021-02-24 |
Summary
H. R. 1319, the American Rescue Plan Act of 2021, as reported in the House of Representatives on February 24, 2021 and printed under Union Calendar No. 1, Report No. 117-7, in the 117th Congress, first session. The bill is described as providing for reconciliation pursuant to title II of S. Con. Res. 5. The cover records that Mr. Yarmuth reported it from the Committee on the Budget and that it was committed to the Committee of the Whole House on the State of the Union and ordered to be printed. Its table of contents is organised by committee, covering agriculture and nutrition, education and labor, and tax provisions including the employee retention credit. Later text amends child care and development block grant provisions and defines territory to include Puerto Rico, the United States Virgin Islands, Guam, American Samoa and the Northern Mariana Islands.
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IB Union Calendar No. 1 117TH CONGRESS 1ST SESSION H. R. 1319 [Report No. 117–7] To provide for reconciliation pursuant to title II of S. Con. Res. 5. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 24, 2021 Mr. YARMUTH, from the Committee on the Budget, reported the following bill; which was committed to the Committee of the Whole House on the State of the Union and ordered to be printed VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 1319 RH A BILL To provide for reconciliation pursuant to title II of S. Con. Res. 5. VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 1319 RH 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 ‘‘American Rescue Plan 4 Act of 2021’’. 5 SEC. 2. TABLE OF CONTENTS. 6 The table of contents for this Act is as follows: 7 Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—COMMITTEE ON AGRICULTURE Subtitle A—Agriculture Sec. 1001. Food Supply Chain and Agriculture Pandemic Response. Sec. 1002. Emergency grants for rural health care. Sec. 1003. Pandemic program administration funds. Sec. 1004. Funding for the USDA Office of Inspector General for oversight of COVID—19-related programs. Sec. 1005. Farm loan assistance for socially disadvantaged farmers and ranch- ers. Sec. 1006. Assistance and support for socially disadvantaged farmers, ranchers, forest land owners and operators, and groups. Sec. 1007. Funding for Food for Peace title II Grants. Subtitle B—Nutrition Sec. 1011. Supplemental nutrition assistance program. Sec. 1012. Additional assistance for SNAP online purchasing and technology improvements. Sec. 1013. Additional funding for nutrition assistance programs. Sec. 1014. Commodity supplemental food program. TITLE II—COMMITTEE ON EDUCATION AND LABOR Subtitle A—Education Matters PART 1—DEPARTMENT OF EDUCATION Sec. 2001. Elementary and secondary school emergency relief fund. Sec. 2002. Higher education emergency relief fund. Sec. 2003. Maintenance of effort and maintenance of equity. Sec. 2004. Outlying areas. Sec. 2005. Bureau of Indian Education. Sec. 2006. Gallaudet University. Sec. 2007. Student aid administration. Sec. 2008. Howard University. Sec. 2009. National Technical Institute for the Deaf. Sec. 2010. Institute of Education Sciences. VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 1319 RH Sec. 2011. Program administration. Sec. 2012. Office of inspector general. Sec. 2013. Modification of revenue requirements for proprietary institutions of higher education. PART 2—MISCELLANEOUS Sec. 2021. National endowment for the arts. Sec. 2022. National endowment for the humanities. Sec. 2023. Institute of museum and library services. Sec. 2024. COVID-19 response resources for the preservation and mainte- nance of Native American languages. Subtitle B—Labor Matters Sec. 2101. Raising the Federal minimum wage. Sec. 2102. Funding for Department of Labor Worker Protection Activities. Sec. 2103. Eligibility for workers’ compensation benefits for Federal employees diagnosed with COVID–19. Sec. 2104. Compensation pursuant to the Longshore and Harbor Workers’ Compensation Act. Subtitle C—Human Services and Community Supports Sec. 2201. Additional funding for aging and disability services programs. Sec. 2202. Supporting older Americans and their families. Sec. 2203. Child Care and Development Block Grant Program. Sec. 2204. Child Care Stabilization. Sec. 2205. Head Start. Sec. 2206. Programs for survivors. Sec. 2207. Child abuse prevention and treatment. Sec. 2208. LIHEAP. Sec. 2209. Department of Health and Human Services. Sec. 2210. Corporation for National and Community Service and the National Service Trust. Subtitle D—Child Nutrition & Related Programs Sec. 2301. Improvements to WIC benefits. Sec. 2302. WIC program modernization. Sec. 2303. Meals and supplements reimbursements for individuals who have not attained the age of 25. Sec. 2304. Pandemic EBT program. Subtitle E—COBRA Continuation Coverage Sec. 2401. Preserving health benefits for workers. TITLE III—COMMITTEE ON ENERGY AND COMMERCE Subtitle A—Public Health CHAPTER 1—VACCINES AND THERAPEUTICS Sec. 3001. Funding for COVID–19 vaccine activities at the centers for disease control and prevention. Sec. 3002. Funding for vaccine confidence activities. VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 1319 RH Sec. 3003. Funding for supply chain for COVID–19 vaccines, therapeutics, and medical supplies. Sec. 3004. Funding for COVID–19 vaccine, therapeutic, and device activities at the Food and Drug Administration. CHAPTER 2—TESTING Sec. 3011. Funding for COVID–19 testing, contact tracing, and mitigation ac- tivities. Sec. 3012. Funding for SARS–CoV–2 genomic sequencing and surveillance. Sec. 3013. Funding for global health. Sec. 3014. Funding for data modernization and forecasting center. CHAPTER 3—PUBLIC HEALTH WORKFORCE Sec. 3021. Funding for public health workforce. Sec. 3022. Funding for Medical Reserve Corps. CHAPTER 4—PUBLIC HEALTH INVESTMENTS Sec. 3031. Funding for community health centers and community care. Sec. 3032. Funding for National Health Service Corps. Sec. 3033. Funding for Nurse Corps. Sec. 3034. Funding for teaching health centers that operate graduate medical education. Sec. 3035. Funding for COVID–19 testing, contact tracing, and mitigation ac- tivities in congregate settings. Sec. 3036. Funding for family planning. Sec. 3037. Funding for children under the care of the Department of Health and Human Services. Sec. 3038. Funding for Office of Inspector General. CHAPTER 5—INDIAN HEALTH Sec. 3041. Funding for Indian health. CHAPTER 6—MENTAL HEALTH AND SUBSTANCE USE DISORDER Sec. 3051. Funding for block grants for community mental health services. Sec. 3052. Funding for block grants for prevention and treatment of substance abuse. Sec. 3053. Funding for mental and behavioral health training for health care professionals, paraprofessionals, and public safety officers. Sec. 3054. Funding for education and awareness campaign encouraging healthy work conditions and use of mental and behavioral health serv- ices by health care professionals. Sec. 3055. Funding for grants for health care providers to promote mental and behavioral health among their health professional workforce. Sec. 3056. Funding for community-based funding for local substance use dis- order services. Sec. 3057. Funding for community-based funding for local behavioral health needs. Sec. 3058. Funding for the National Child Traumatic Stress Network. Sec. 3059. Funding for Project AWARE. Sec. 3059A. Funding for youth suicide prevention. Sec. 3059B. Funding for behavioral health workforce education and training. CHAPTER 7—EXCHANGE GRANT PROGRAM VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6211 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 1319 RH Sec. 3061. Establishing a grant program for Exchange modernization. Subtitle B—Medicaid Sec. 3101. Mandatory coverage of COVID–19 vaccines and administration and treatment under Medicaid. Sec. 3102. Modifications to certain coverage under Medicaid for pregnant and postpartum women. Sec. 3103. Allowing for medical assistance under Medicaid for inmates during 30-day period preceding release. Sec. 3104. Enhanced Federal Medicaid support for community-based mobile crisis intervention services. Sec. 3105. Temporary increase in FMAP for medical assistance under State Medicaid plans which begin to expend amounts for certain mandatory individuals. Sec. 3106. Extension of 100 percent Federal medical assistance percentage to Urban Indian Health Organizations and Native Hawaiian Health Care Systems. Sec. 3107. Sunset of limit on maximum rebate amount for single source drugs and innovator multiple source drugs. Sec. 3108. Additional support for Medicaid home and community-based services during the COVID–19 emergency period. Sec. 3109. Funding for State strike teams for resident and employee safety in nursing facilities. Subtitle C—Children’s Health Insurance Program Sec. 3201. Mandatory coverage of COVID–19 vaccines and administration and treatment under CHIP. Sec. 3202. Modifications to certain coverage under CHIP for pregnant and postpartum women. Subtitle D—Other Provisions CHAPTER 1—ENSURING ENVIRONMENTAL HEALTH AND RATEPAYER PROTECTION DURING THE PANDEMIC Sec. 3301. Funding for pollution and disparate impacts of the COVID–19 pan- demic. Sec. 3302. Funding for LIHEAP. Sec. 3303. Funding for water assistance program. CHAPTER 2—DISTANCE LEARNING AND CONSUMER PROTECTION DURING THE COVID–19 PANDEMIC Sec. 3311. Funding for consumer product safety fund to protect consumers from potentially dangerous products related to COVID–19. Sec. 3312. Funding for E-Rate support for emergency educational connections and devices. CHAPTER 3—OVERSIGHT OF DEPARTMENT OF COMMERCE PREVENTION AND RESPONSE TO COVID–19 Sec. 3321. Funding for Department of Commerce Inspector General. TITLE IV—COMMITTEE ON FINANCIAL SERVICES Subtitle A—Defense Production Act of 1950 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6211 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 1319 RH Sec. 4001. COVID–19 emergency medical supplies enhancement. Subtitle B—Housing Provisions Sec. 4101. Emergency rental assistance. Sec. 4102. Emergency housing vouchers. Sec. 4103. Emergency assistance for rural housing. Sec. 4104. Housing assistance and supportive services programs for Native Americans. Sec. 4105. Housing counseling. Sec. 4106. Homelessness assistance and supportive services program. Sec. 4107. Homeowner Assistance Fund. Sec. 4108. Relief measures for section 502 and 504 direct loan borrowers. Subtitle C—Small Business (SSBCI) Sec. 4201. Reauthorization of the State Small Business Credit Initiative Act of 2010. Subtitle D—Airlines Sec. 4301. Air Transportation Payroll Support Program Extension. TITLE V—COMMITTEE ON OVERSIGHT AND REFORM Subtitle A—Coronavirus State and Local Fiscal Recovery Funds Sec. 5001. Coronavirus State and Local Fiscal Recovery Funds. Subtitle B—Other Matters Sec. 5111. Emergency Federal Employee Leave Fund. Sec. 5112. Funding for the Government Accountability Office. Sec. 5113. Pandemic Response Accountability Committee funding availability. TITLE VI—COMMITTEE ON SMALL BUSINESS Sec. 6001. Modifications to paycheck protection program. Sec. 6002. Targeted EIDL advance. Sec. 6003. Support for restaurants. Sec. 6004. Community navigator pilot program. Sec. 6005. Shuttered venue operators. Sec. 6006. Direct appropriations. TITLE VII—COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE Subtitle A—Transportation and Infrastructure Sec. 7001. Federal Emergency Management Agency appropriation. Sec. 7002. Funeral assistance. Sec. 7003. Economic adjustment assistance. Sec. 7004. Great Lakes St. Lawrence Seaway Development Corporation oper- ations and maintenance. Sec. 7005. Grants to the National Railroad Passenger Corporation. Sec. 7006. Federal Transit Administration grants. Sec. 7007. Relief for airports. Subtitle B—Aviation Manufacturing Jobs Protection VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6211 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 1319 RH Sec. 7101. Definitions. Sec. 7102. Payroll support program. Subtitle C—Continued Assistance to Rail Workers Sec. 7201. Additional enhanced benefits under the Railroad Unemployment In- surance Act. Sec. 7202. Extended unemployment benefits under the Railroad Unemployment Insurance Act. Sec. 7203. Extension of waiver of the 7-day waiting period for benefits under the Railroad Unemployment Insurance Act. Sec. 7204. Railroad Retirement Board and Office of the Inspector General funding. TITLE VIII—COMMITTEE ON VETERANS’ AFFAIRS Sec. 8001. Funding for claims and appeals processing. Sec. 8002. Funding availability for medical care and health needs. Sec. 8003. Funding for supply chain modernization. Sec. 8004. Funding for state homes. Sec. 8005. Funding for the Department of Veterans Affairs office of inspector general. Sec. 8006. Covid–19 veteran rapid retraining assistance program. Sec. 8007. Prohibition on copayments and cost sharing for veterans during emergency relating to COVID–19. TITLE IX—COMMITTEE ON WAYS AND MEANS Subtitle A—Crisis Support for Unemployed Workers Sec. 9001. Short title. PART 1—EXTENSION OF CARES ACT UNEMPLOYMENT PROVISIONS Sec. 9011. Extension of pandemic unemployment assistance. Sec. 9012. Extension of emergency unemployment relief for governmental enti- ties and nonprofit organizations. Sec. 9013. Extension of Federal Pandemic Unemployment Compensation. Sec. 9014. Extension of full Federal funding of the first week of compensable regular unemployment for States with no waiting week. Sec. 9015. Extension of emergency State staffing flexibility. Sec. 9016. Extension of Pandemic Emergency Unemployment Compensation. Sec. 9017. Extension of temporary financing of short-time compensation pay- ments in States with programs in law. Sec. 9018. Extension of temporary financing of short-time compensation agree- ments for States without programs in law. PART 2—EXTENSION OF FFCRA UNEMPLOYMENT PROVISIONS Sec. 9021. Extension of temporary assistance for States with advances. Sec. 9022. Extension of full Federal funding of extended unemployment com- pensation. PART 3—DEPARTMENT OF LABOR FUNDING FOR TIMELY, ACCURATE, AND EQUITABLE PAYMENT Sec. 9031. Funding for administration. VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6211 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 1319 RH Sec. 9032. Funding for fraud prevention, equitable access, and timely payment to eligible workers. Subtitle B—Emergency Assistance to Families Through Home Visiting Programs Sec. 9101. Emergency assistance to families through home visiting programs. Subtitle C—Emergency Assistance to Children and Families Sec. 9201. Pandemic Emergency Assistance Fund. Subtitle D—Elder Justice and Support Guarantee Sec. 9301. Additional funding for aging and disability services programs. Subtitle E—Support to Skilled Nursing Facilities in Response to COVID–19 Sec. 9401. Providing for infection control support to skilled nursing facilities through contracts with quality improvement organizations. Sec. 9402. Funding for strike teams for resident and employee safety in skilled nursing facilities. Subtitle F—Preserving Health Benefits for Workers Sec. 9500. Short title. Sec. 9501. Preserving health benefits for workers. Subtitle G—Promoting Economic Security PART 1—2021 RECOVERY REBATES TO INDIVIDUALS Sec. 9601. 2021 recovery rebates to individuals. PART 2—CHILD TAX CREDIT Sec. 9611. Child tax credit improvements for 2021. Sec. 9612. Application of child tax credit in possessions. PART 3—EARNED INCOME TAX CREDIT Sec. 9621. Strengthening the earned income tax credit for individuals with no qualifying children. Sec. 9622. Taxpayer eligible for childless earned income credit in case of quali- fying children who fail to meet certain identification require- ments. Sec. 9623. Credit allowed in case of certain separated spouses. Sec. 9624. Modification of disqualified investment income test. Sec. 9625. Application of earned income tax credit in possessions of the United States. Sec. 9626. Temporary special rule for determining earned income for purposes of earned income tax credit. PART 4—DEPENDENT CARE ASSISTANCE Sec. 9631. Refundability and enhancement of child and dependent care tax credit. Sec. 9632. Increase in exclusion for employer-provided dependent care assist- ance. VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6211 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 1319 RH PART 5—CREDITS FOR PAID SICK AND FAMILY LEAVE Sec. 9641. Extension of credits. Sec. 9642. Increase in limitations on credits for paid family leave. Sec. 9643. Expansion of leave to which paid family leave credits applies. Sec. 9644. Paid leave credits allowed for leave for COVID-vaccination. Sec. 9645. Application of non-discrimination rules. Sec. 9646. Reset of limitation on paid sick leave. Sec. 9647. Credits allowed against employer hospital insurance tax. Sec. 9648. Application of credits to certain governmental employers. Sec. 9649. Gross up of credit in lieu of exclusion from tax. Sec. 9650. Effective date. PART 6—EMPLOYEE RETENTION CREDIT Sec. 9651. Extension of employee retention credit. PART 7—PREMIUM TAX CREDIT Sec. 9661. Improving affordability by expanding premium assistance for con- sumers. Sec. 9662. Temporary modification of limitations on reconciliation of tax cred- its for coverage under a qualified health plan with advance pay- ments of such credit. Sec. 9663. Application of premium tax credit in case of individuals receiving unemployment compensation during 2021. PART 8—MISCELLANEOUS PROVISIONS Sec. 9671. Repeal of election to allocate interest, etc. on worldwide basis. Sec. 9672. Tax treatment of targeted EIDL advances. Sec. 9673. Tax treatment of restaurant revitalization grants. Subtitle H—Pensions Sec. 9700. Short title. Sec. 9701. Temporary delay of designation of multiemployer plans as in endan- gered, critical, or critical and declining status. Sec. 9702. Temporary extension of the funding improvement and rehabilitation periods for multiemployer pension plans in critical and endan- gered status for 2020 or 2021. Sec. 9703. Adjustments to funding standard account rules. Sec. 9704. Special financial assistance program for financially troubled multi- employer plans. Sec. 9705. Extended amortization for single employer plans. Sec. 9706. Extension of pension funding stabilization percentages for single em- ployer plans. Sec. 9707. Modification of special rules for minimum funding standards for community newspaper plans. Sec. 9708. Cost of living adjustment freeze. Subtitle I—Child Care for Workers Sec. 9801. Child care assistance. VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6211 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 1319 RH TITLE I—COMMITTEE ON 1 AGRICULTURE 2 Subtitle A—Agriculture 3 SEC. 1001. FOOD SUPPLY CHAIN AND AGRICULTURE PAN- 4 DEMIC RESPONSE. 5 (a) APPROPRIATION.—In addition to amounts other- 6 wise available, there is appropriated to the Secretary of 7 Agriculture for fiscal year 2021, out of any money in the 8 Treasury not otherwise appropriated, $4,000,000,000, to 9 remain available until expended, to carry out this section. 10 (b) USE OF FUNDS.—The Secretary of Agriculture 11 shall use the amounts made available pursuant to sub- 12 section (a)— 13 (1) to purchase food and agricultural commod- 14 ities; 15 (2) to purchase and distribute agricultural com- 16 modities (including fresh produce, dairy, seafood, 17 eggs, and meat) to individuals in need, including 18 through delivery to nonprofit organizations and 19 through restaurants and other food related entities, 20 as determined by the Secretary, that may receive, 21 store, process, and distribute food items; 22 (3) to make grants and loans for small or 23 midsized food processors or distributors, seafood 24 processing facilities and processing vessels, farmers 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 1319 RH markets, producers, or other organizations to re- 1 spond to COVID–19, including for measures to pro- 2 tect workers against COVID–19; 3 (4) to make loans and grants and provide other 4 assistance to maintain and improve food and agricul- 5 tural supply chain resiliency; and 6 (5) to make payments for necessary expenses 7 related to losses of crops (including losses due to 8 high winds or derechos) pursuant to title I of the 9 Additional Supplemental Appropriations for Disaster 10 Relief Act, 2019 (Public Law 116–20), as amended 11 by section 116 of the Continuing Appropriations 12 Act, 2020 (Public Law 116–59) and as further 13 amended by subsection (c) of section 791 of the 14 Further Consolidated Appropriations Act, 2020 15 (Public Law 116–94) for crop losses in crop year 16 2020. 17 (c) ANIMAL HEALTH.— 18 (1) COVID–19 ANIMAL SURVEILLANCE.—The 19 Secretary of Agriculture shall conduct monitoring 20 and surveillance of susceptible animals for incidence 21 of SARS–CoV–2. 22 (2) INTERGOVERNMENTAL COOPERATION.—Ac- 23 tivities conducted under paragraph (1) shall be con- 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 13 •HR 1319 RH sistent with guidance provided by the World 1 Organisation for Animal Health. 2 (3) FUNDING.—Out of the amounts made avail- 3 able under subsection (a), the Secretary shall use 4 $300,000,000 to carry out this subsection. 5 (d) OVERTIME FEES.— 6 (1) SMALL ESTABLISHMENT; VERY SMALL ES- 7 TABLISHMENT DEFINITIONS.—The terms ‘‘small es- 8 tablishment’’ and ‘‘very small establishment’’ have 9 the meaning given those terms in the final rule enti- 10 tled ‘‘Pathogen Reduction; Hazard Analysis and 11 Critical Control Point (HACCP) Systems’’ published 12 in the Federal Register on July 25, 1996 (61 Fed. 13 Reg. 38806). 14 (2) OVERTIME INSPECTION COST REDUC- 15 TION.—Notwithstanding any other provision of law 16 and subject to the availability of funds under para- 17 graph (3), the Secretary of Agriculture shall reduce 18 the amount of overtime inspection costs borne by 19 federally-inspected small establishments and very 20 small establishments engaged in meat, poultry, or 21 egg products processing and subject to the require- 22 ments of the Federal Meat Inspection Act (21 23 U.S.C. 601 et seq.), the Poultry Products Inspection 24 Act (21 U.S.C. 451 et seq.), or the Egg Products 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 14 •HR 1319 RH Inspection Act (21 U.S.C. 1031 et seq.), for inspec- 1 tion activities carried out during the period of fiscal 2 years 2021 through 2030. 3 (3) FUNDING.—Out of the amounts made avail- 4 able under subsection (a), the Secretary shall use 5 $100,000,000 to carry out this subsection. 6 SEC. 1002. EMERGENCY GRANTS FOR RURAL HEALTH 7 CARE. 8 (a) GRANTS.—The Secretary of Agriculture (in this 9 section referred to as the ‘‘Secretary’’) shall use the funds 10 made available by this section to establish an emergency 11 pilot program not later than 150 days after the date of 12 enactment of this Act to provide grants to eligible appli- 13 cants (as defined in section 3570.61(a) of title 7, Code 14 of Federal Regulations) to be awarded by the Secretary 15 based on needs related to the COVID–19 pandemic. 16 (b) USES.—An eligible applicant to whom a grant is 17 awarded under this section may use the grant funds for 18 costs, including those incurred prior to the issuance of the 19 grant, as determined by the Secretary, on facilities which 20 primarily serve rural areas (as defined in section 21 343(a)(13)(C) of the Consolidated Farm and Rural Devel- 22 opment Act (7 U.S.C. 1991(a)(13)(C)), which are located 23 in a rural area, the median household income of the popu- 24 lation to be served by which is less than the greater of 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 15 •HR 1319 RH the poverty line or the applicable percentage (determined 1 under section 3570.63(b) of title 7, Code of Federal Regu- 2 lations) of the State nonmetropolitan median household 3 income, and for which the performance of construction 4 work shall meet the condition set forth in section 9003(f) 5 of the Farm Security and Rural Investment Act of 2002 6 (7 U.S.C. 8103(f)), to— 7 (1) increase capacity for vaccine distribution; 8 (2) provide drugs or medical supplies to in- 9 crease medical surge capacity; 10 (3) reimburse for COVID–19-related expenses 11 and lost revenue to maintain capacity, including ex- 12 penses and revenue losses incurred prior to the 13 awarding of the grant; 14 (4) increase telehealth capabilities, including 15 underlying health care information systems; 16 (5) construct temporary or permanent struc- 17 tures to provide health care services, including vac- 18 cine administration or testing; 19 (6) support staffing needs for vaccine adminis- 20 tration or testing; and 21 (7) engage in any other efforts determined to 22 be critical to address the COVID–19 pandemic, in- 23 cluding nutritional assistance to vulnerable individ- 24 uals, as approved by the Secretary. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 16 •HR 1319 RH (c) FUNDING.—In addition to amounts otherwise 1 available, there is appropriated to the Secretary for fiscal 2 year 2021, out of any money in the Treasury not otherwise 3 appropriated, $500,000,000, to remain available until 4 September 30, 2023, to carry out this section, of which 5 not more than 3 percent may be used by the Secretary 6 for administrative purposes and not more than 2 percent 7 may be used by the Secretary for technical assistance as 8 defined in section 306(a)(26) of the Consolidated Farm 9 and Rural Development Act (7 U.S.C. 1926(a)(26)). 10 SEC. 1003. PANDEMIC PROGRAM ADMINISTRATION FUNDS. 11 In addition to amounts otherwise available, there are 12 appropriated for fiscal year 2021, out of any money in 13 the Treasury not otherwise appropriated, $47,500,000, to 14 remain available until expended, for necessary administra- 15 tive expenses associated with carrying out this subtitle. 16 SEC. 1004. FUNDING FOR THE USDA OFFICE OF INSPECTOR 17 GENERAL FOR OVERSIGHT OF COVID—19-RE- 18 LATED PROGRAMS. 19 In addition to amounts otherwise made available, 20 there are appropriated for fiscal year 2021, out of any 21 money in the Treasury not otherwise appropriated, 22 $2,500,000, to remain available until September 30, 2022, 23 to carry out audits, investigations, and other oversight ac- 24 tivities authorized under the Inspector General Act of 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 17 •HR 1319 RH 1978 (5 U.S.C. App.) of projects and activities carried out 1 with funds made available to the Department of Agri- 2 culture related to the COVID–19 pandemic. 3 SEC. 1005. FARM LOAN ASSISTANCE FOR SOCIALLY DIS- 4 ADVANTAGED FARMERS AND RANCHERS. 5 (a) PAYMENTS.— 6 (1) APPROPRIATION.—For the purposes of ad- 7 dressing the longstanding and widespread discrimi- 8 nation against socially disadvantaged farmers and 9 ranchers in farm loan programs and across the De- 10 partment of Agriculture, as documented for decades 11 by Congress and Federal agencies, and alleviating 12 discriminatory barriers preventing socially disadvan- 13 taged farmers and ranchers from fully participating 14 in the American farm economy, in addition to 15 amounts otherwise available, there is appropriated to 16 the Secretary for fiscal year 2021, out of amounts 17 in the Treasury not otherwise appropriated, such 18 sums as may be necessary, to remain available until 19 expended, for the cost of loan modifications and pay- 20 ments under this section. 21 (2) PAYMENTS.—Using a simplified process to 22 be determined by the Secretary, the Secretary shall 23 provide a payment in an amount equal to 120 per- 24 cent of the outstanding indebtedness of each socially 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 18 •HR 1319 RH disadvantaged farmer or rancher as of January 1, 1 2021, to pay off the loan directly or to the socially 2 disadvantaged farmer or rancher (or a combination 3 of both), on each— 4 (A) direct farm loan made by the Secretary 5 to the socially disadvantaged farmer or rancher; 6 and 7 (B) farm loan guaranteed by the Secretary 8 the borrower of which is the socially disadvan- 9 taged farmer or rancher. 10 (3) EFFECT ON ELIGIBILITY.—Notwithstanding 11 any other provision of law, the provision of a pay- 12 ment under paragraph (2) to a socially disadvan- 13 taged farmer or rancher shall not affect the eligi- 14 bility of such farmer or rancher for a farm loan 15 after the date on which the payment is provided. 16 (b) DEFINITIONS.—In this section: 17 (1) FARM LOAN.—The term ‘‘farm loan’’ 18 means— 19 (A) a loan administered by the Farm Serv- 20 ice Agency under subtitle A, B, or C of the 21 Consolidated Farm and Rural Development Act 22 (7 U.S.C. 1922 et seq.); and 23 (B) a Commodity Credit Corporation Farm 24 Storage Facility Loan. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 19 •HR 1319 RH (2) SECRETARY.—The term ‘‘Secretary’’ means 1 the Secretary of Agriculture. 2 (3) SOCIALLY DISADVANTAGED FARMER OR 3 RANCHER.—The term ‘‘socially disadvantaged farm- 4 er or rancher’’ has the meaning given the term in 5 section 2501(a) of the Food, Agriculture, Conserva- 6 tion, and Trade Act of 1990 (7 U.S.C. 2279(a)). 7 SEC. 1006. ASSISTANCE AND SUPPORT FOR SOCIALLY DIS- 8 ADVANTAGED FARMERS, RANCHERS, FOREST 9 LAND OWNERS AND OPERATORS, AND 10 GROUPS. 11 (a) APPROPRIATION.—In addition to amounts other- 12 wise available, there is appropriated to the Secretary of 13 Agriculture for fiscal year 2021, out of any money in the 14 Treasury not otherwise appropriated, $1,010,000,000, to 15 remain available until expended, to carry out this section. 16 (b) ASSISTANCE.—The Secretary of Agriculture shall 17 use the amounts made available pursuant to subsection 18 (a)— 19 (1) to provide outreach, mediation, financial 20 training, capacity building training, cooperative de- 21 velopment training and support, and other technical 22 assistance to socially disadvantaged groups; 23 (2) to provide grants and loans to improve land 24 access for socially disadvantaged farmers, ranchers, 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 20 •HR 1319 RH or forest landowners, including issues related to 1 heirs’ property in a manner as determined by the 2 Secretary; 3 (3) to support the development of agricultural 4 credit institutions that are designed to serve socially 5 disadvantaged groups, including other financing in- 6 stitutions funded by the Farm Credit System; 7 (4) to support the activities of one or more eq- 8 uity commissions; 9 (5) to support the development of one or more 10 legal centers focused on agricultural legal issues of 11 socially disadvantaged groups; 12 (6) to support and supplement research, edu- 13 cation, and extension, as well as scholarships and 14 programs that provide internships and pathways to 15 Federal employment, at— 16 (A) colleges or universities eligible to re- 17 ceive funds under the Act of August 30, 1890 18 (commonly known as the ‘‘Second Morrill Act’’) 19 (7 U.S.C. 321 et seq.), including Tuskegee Uni- 20 versity; 21 (B) 1994 Institutions (as defined in sec- 22 tion 532 of the Equity in Educational Land- 23 Grant Status Act of 1994 (7 U.S.C. 301 note; 24 Public Law 103–382)); 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 21 •HR 1319 RH (C) Alaska Native serving institutions and 1 Native Hawaiian serving institutions eligible to 2 receive grants under subsections (a) and (b), re- 3 spectively, of section 1419B of the National Ag- 4 ricultural Research, Extension, and Teaching 5 Policy Act of 1977 (7 U.S.C. 3156); 6 (D) Hispanic-serving institutions eligible to 7 receive grants under section 1455 of the Na- 8 tional Agricultural Research, Extension, and 9 Teaching Policy Act of 1977 (7 U.S.C. 3241); 10 and 11 (E) the insular area institutions of higher 12 education located in the territories of the 13 United States, as referred to in section 1489 of 14 the National Agricultural Research, Extension, 15 and Teaching Policy Act of 1977 (7 U.S.C. 16 3361); 17 (7) to provide assistance to socially disadvan- 18 taged farmers, ranchers, or forest landowners that 19 are former farm loan borrowers that suffered related 20 adverse actions or past discrimination or bias, as de- 21 termined by the Secretary; and 22 (8) to establish pilot projects to provide tech- 23 nical and financial assistance to socially disadvan- 24 taged groups, including projects that focus on land 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 22 •HR 1319 RH acquisition, financial planning, technical assistance, 1 and credit. 2 (c) DEFINITIONS.—In this section: 3 (1) NONINDUSTRIAL PRIVATE FOREST LAND.— 4 The term ‘‘nonindustrial private forest land’’ has the 5 meaning given the term in section 1201(a)(18) of 6 the Food Security Act of 1985 (16 U.S.C. 7 3801(a)(18)). 8 (2) SOCIALLY DISADVANTAGED FARMER, 9 RANCHER, OR FOREST LANDOWNER.—The term ‘‘so- 10 cially disadvantaged farmer, rancher, or forest land- 11 owner’’ means a farmer, rancher, or owner or oper- 12 ator of nonindustrial private forest land who is a 13 member of a socially disadvantaged group. 14 (3) SOCIALLY DISADVANTAGED GROUP.—The 15 term ‘‘socially disadvantaged group’’ has the mean- 16 ing given the term in section 2501(a) of the Food, 17 Agriculture, Conservation, and Trade Act of 1990 (7 18 U.S.C. 2279(a)). 19 SEC. 1007. FUNDING FOR FOOD FOR PEACE TITLE II 20 GRANTS. 21 In addition to amounts otherwise made available, 22 there are appropriated for fiscal year 2021, out of any 23 money in the Treasury not otherwise appropriated, 24 $800,000,000, to remain available until September 30, 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 23 •HR 1319 RH 2022, for expenses, not otherwise recoverable, and unre- 1 covered prior years’ costs, including interest thereon, 2 under the Food for Peace Act (Public Law 83–480), for 3 commodities supplied in connection with dispositions 4 abroad under title II of said Act. 5 Subtitle B—Nutrition 6 SEC. 1011. SUPPLEMENTAL NUTRITION ASSISTANCE PRO- 7 GRAM. 8 (a) VALUE OF BENEFITS.—Section 702(a) of division 9 N of the Consolidated Appropriations Act, 2021 (Public 10 Law 116–260) is amended by striking ‘‘June 30, 2021’’ 11 and inserting ‘‘September 30, 2021’’. 12 (b) SNAP ADMINISTRATIVE EXPENSES.—In addition 13 to amounts otherwise available, there is hereby appro- 14 priated for fiscal year 2021, out of any amounts in the 15 Treasury not otherwise appropriated, $1,150,000,000, to 16 remain available until September 30, 2023, with amounts 17 to be obligated for each of fiscal years 2021, 2022, and 18 2023, for the costs of State administrative expenses asso- 19 ciated with carrying out this section and administering the 20 supplemental nutrition assistance program established 21 under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 22 et seq.), of which— 23 (1) $15,000,000 shall be for necessary expenses 24 of the Secretary of Agriculture (in this section re- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 24 •HR 1319 RH ferred to as the ‘‘Secretary’’) for management and 1 oversight of the program; and 2 (2) $1,135,000,000 shall be for the Secretary to 3 make grants to each State agency for each of fiscal 4 years 2021 through 2023 as follows: 5 (A) 75 percent of the amounts available 6 shall be allocated to States based on the share 7 of each State of households that participate in 8 the supplemental nutrition assistance program 9 as reported to the Department of Agriculture 10 for the most recent 12-month period for which 11 data are available, adjusted by the Secretary 12 (as of the date of the enactment of this Act) for 13 participation in disaster programs under section 14 5(h) of the Food and Nutrition Act of 2008 (7 15 U.S.C. 2014(h)); and 16 (B) 25 percent of the amounts available 17 shall be allocated to States based on the in- 18 crease in the number of households that partici- 19 pate in the supplemental nutrition assistance 20 program as reported to the Department of Ag- 21 riculture over the most recent 12-month period 22 for which data are available, adjusted by the 23 Secretary (as of the date of the enactment of 24 this Act) for participation in disaster programs 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 25 •HR 1319 RH under section 5(h) of the Food and Nutrition 1 Act of 2008 (7 U.S.C. 2014(h)). 2 SEC. 1012. ADDITIONAL ASSISTANCE FOR SNAP ONLINE 3 PURCHASING AND TECHNOLOGY IMPROVE- 4 MENTS. 5 (a) FUNDING.—In addition to amounts otherwise 6 made available, there is appropriated for fiscal year 2021, 7 out of any amounts in the Treasury not otherwise appro- 8 priated, $25,000,000 to remain available through Sep- 9 tember 30, 2026, to carry out this section. 10 (b) USE OF FUNDS.—The Secretary of Agriculture 11 may use the amounts made available pursuant to sub- 12 section (a)— 13 (1) to make technological improvements to im- 14 prove online purchasing in the supplemental nutri- 15 tion assistance program established under the Food 16 and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); 17 (2) to modernize electronic benefit transfer 18 technology; 19 (3) to support the mobile technologies dem- 20 onstration projects and the use of mobile tech- 21 nologies authorized under section 7(h)(14) of the 22 Food and Nutrition Act of 2008 (7 U.S.C. 23 2016(h)(14)); and 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 26 •HR 1319 RH (4) to provide technical assistance to educate 1 retailers on the process and technical requirements 2 for the online acceptance of the supplemental nutri- 3 tion assistance program benefits, for mobile pay- 4 ments, and for electronic benefit transfer moderniza- 5 tion initiatives. 6 SEC. 1013. ADDITIONAL FUNDING FOR NUTRITION ASSIST- 7 ANCE PROGRAMS. 8 Section 704 of division N of the Consolidated Appro- 9 priations Act, 2021 (Public Law 116–260) is amended— 10 (1) by striking ‘‘In addition’’ and inserting the 11 following: 12 ‘‘(a) COVID–19 RESPONSE FUNDING.—In addi- 13 tion’’; and 14 (2) by adding at the end the following— 15 ‘‘(b) ADDITIONAL FUNDING.—In addition to any 16 other funds made available, there is appropriated for fiscal 17 year 2021, out of any money in the Treasury not otherwise 18 appropriated, $1,000,000,000 to remain available until 19 September 30, 2027, for the Secretary of Agriculture to 20 provide grants to the Commonwealth of Northern Mariana 21 Islands, Puerto Rico, and American Samoa for nutrition 22 assistance, of which $30,000,000 shall be available to pro- 23 vide grants to the Commonwealth of Northern Mariana 24 Islands for such assistance.’’. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 27 •HR 1319 RH SEC. 1014. COMMODITY SUPPLEMENTAL FOOD PROGRAM. 1 In addition to amounts otherwise made available, 2 there is appropriated for fiscal year 2021, out of any 3 money in the Treasury not otherwise appropriated, 4 $37,000,000, to remain available until September 30, 5 2022, for activities authorized by section 4(a) of the Agri- 6 culture and Consumer Protection Act of 1973 (7 U.S.C. 7 612c note). 8 TITLE II—COMMITTEE ON 9 EDUCATION AND LABOR 10 Subtitle A—Education Matters 11 PART 1—DEPARTMENT OF EDUCATION 12 SEC. 2001. ELEMENTARY AND SECONDARY SCHOOL EMER- 13 GENCY RELIEF FUND. 14 (a) IN GENERAL.—In addition to amounts otherwise 15 available, there is appropriated to the Department of Edu- 16 cation for fiscal year 2021, out of any money in the Treas- 17 ury not otherwise appropriated, $128,554,800,000, to re- 18 main available through September 30, 2023, for providing 19 grants to States in accordance with the same terms and 20 conditions that apply to the Elementary and Secondary 21 School Emergency Relief Fund of the Education Stabiliza- 22 tion Fund for funding appropriated for fiscal year 2021, 23 except that— 24 (1) a State that receives a grant under this sec- 25 tion shall use— 26 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 28 •HR 1319 RH (A) not less than 90 percent of such grant 1 for subgrants to local educational agencies; and 2 (B) not less than 5 percent of such grant 3 to carry out, directly or through grants or con- 4 tracts, activities to address learning loss by sup- 5 porting the implementation of evidence-based 6 interventions, such as summer learning, ex- 7 tended day comprehensive afterschool pro- 8 grams, or extended school year programs, and 9 ensure such interventions respond to students’ 10 academic, social, and emotional needs and ad- 11 dress the disproportionate impact of the 12 coronavirus on the student populations de- 13 scribed in section 1111(h)(1)(C)(ii) of the Ele- 14 mentary and Secondary Education Act of 1965 15 (20 U.S.C. 6311(h)(1)(C)(ii)); and 16 (2) each local educational agency that receives 17 funds from a subgrant under paragraph (1)(A) 18 shall— 19 (A) reserve not less than 20 percent of 20 such funds to address learning loss through the 21 implementation of evidence-based interventions, 22 such as summer learning, extended day com- 23 prehensive afterschool programs, or extended 24 school year programs, and ensure such inter- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 29 •HR 1319 RH ventions respond to students’ academic, social, 1 and emotional needs and address the dispropor- 2 tionate impact of the coronavirus on the stu- 3 dent populations described in section 4 1111(h)(1)(C)(ii) of the Elementary and Sec- 5 ondary Education Act of 1965 (20 U.S.C. 6 6311(h)(1)(C)(ii)); and 7 (B) using funds reserved under subpara- 8 graph (A), provide equitable services in the 9 same manner as provided under section 1117 of 10 the Elementary and Secondary Education Act 11 of 1965 (20 U.S.C. 6320) to students and 12 teachers in non-public schools, as determined in 13 consultation with representatives of non-public 14 schools. 15 (b) PUBLIC CONTROL OF FUNDS.—Control of funds 16 provided under subsection (a)(2)(B), and title to mate- 17 rials, equipment, and property purchased with such funds, 18 shall be in a public agency, and a public agency shall ad- 19 minister such funds, materials, equipment, and property 20 and shall provide such services (or may contract for the 21 provision of such services with a public or private entity). 22 SEC. 2002. HIGHER EDUCATION EMERGENCY RELIEF FUND. 23 In addition to amounts otherwise available, there is 24 appropriated to the Department of Education for fiscal 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 30 •HR 1319 RH year 2021, out of any money in the Treasury not otherwise 1 appropriated, $39,584,570,000, to remain available 2 through September 30, 2023, for making allocations to in- 3 stitutions of higher education in accordance with the same 4 terms and conditions that apply to the Higher Education 5 Emergency Relief Fund of the Education Stabilization 6 Fund for funding appropriated for fiscal year 2021, except 7 that— 8 (1) 91 percent of such funds shall be allocated 9 to each institution of higher education as defined in 10 section 101 or section 102(c) of the Higher Edu- 11 cation Act of 1965 (20 U.S.C. 1001, 1002(c)), and 12 shall be apportioned using the same formula used to 13 apportion funds to each such institution under such 14 Higher Education Emergency Relief Fund; 15 (2) 1 percent of such funds shall be allocated 16 to institutions of higher education as defined in sec- 17 tion 102(b) of the Higher Education Act of 1965 18 (20 U.S.C. 1002(b)), and shall be apportioned using 19 the same formula used to apportion funds to each 20 such institution under such Higher Education Emer- 21 gency Relief Fund; 22 (3) an institution shall solely determine which 23 students receive emergency financial aid grants 24 under this section; 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 31 •HR 1319 RH (4) an institution receiving an allocation— 1 (A) under paragraph (1) shall use not less 2 than 50 percent of such allocation to provide 3 emergency financial aid grants to students; and 4 (B) under paragraph (2) shall use 100 per- 5 cent of such allocation to provide emergency fi- 6 nancial aid grants to students; 7 (5) an institution receiving an allocation under 8 paragraph (1) shall use a portion of such allocation 9 to— 10 (A) implement evidence-based practices to 11 monitor and suppress coronavirus in accordance 12 with public health guidelines; and 13 (B) conduct direct outreach to financial 14 aid applicants about the opportunity to receive 15 a financial aid adjustment due to the recent un- 16 employment of a family member or independent 17 student, or other circumstances, described in 18 section 479A of the Higher Education Act of 19 1965 (20 U.S.C. 1087tt); 20 (6) notwithstanding paragraph (4)(A) or para- 21 graph (5), an institution receiving an allocation 22 under paragraph (1) a portion of which is appor- 23 tioned according to a relative share (based on full- 24 time equivalent enrollment or total number) of stu- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 32 •HR 1319 RH dents who were Pell grant recipients and who were 1 exclusively enrolled in distance education courses 2 prior to the qualifying emergency shall use 100 per- 3 cent of such portion to provide emergency financial 4 aid grants to students; and 5 (7) institutions required to remit payment to 6 the Internal Revenue Service for the excise tax based 7 on investment income of private colleges and univer- 8 sities under section 4968 of the Internal Revenue 9 Code of 1986 for tax year 2019 shall not be subject 10 to restrictions related to the amount of allocations or 11 uses of funds applicable to such institutions under 12 such Higher Education Emergency Relief Fund. 13 SEC. 2003. MAINTENANCE OF EFFORT AND MAINTENANCE 14 OF EQUITY. 15 (a) STATE MAINTENANCE OF EFFORT.— 16 (1) IN GENERAL.—As a condition of receiving 17 funds under section 2001, a State shall maintain 18 support for elementary and secondary education, 19 and for higher education (which shall include State 20 funding to institutions of higher education and State 21 need-based financial aid, and shall not include sup- 22 port for capital projects or for research and develop- 23 ment or tuition and fees paid by students), in each 24 of fiscal years 2022 and 2023 at least at the propor- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 33 •HR 1319 RH tional levels of such State’s support for elementary 1 and secondary education and for higher education 2 relative to such State’s overall spending, averaged 3 over fiscal years 2017, 2018, and 2019. 4 (2) WAIVER.—For the purpose of relieving fis- 5 cal burdens incurred by States in preventing, pre- 6 paring for, and responding to the coronavirus, the 7 Secretary of Education may waive any maintenance 8 of effort requirements associated with the Education 9 Stabilization Fund. 10 (b) STATE MAINTENANCE OF EQUITY.— 11 (1) HIGH-POVERTY LOCAL EDUCATIONAL AGEN- 12 CIES.—As a condition of receiving funds under sec- 13 tion 2001, a State educational agency shall not, in 14 fiscal year 2022 or 2023, reduce State funding (cal- 15 culated on a per-pupil basis) for any high-poverty 16 local educational agency in the State by an amount 17 that exceeds the overall per-pupil reduction in State 18 funds, if any, across all local educational agencies in 19 such State in such fiscal year. 20 (2) LOCAL EDUCATIONAL AGENCIES WITH 21 HIGHEST SHARE OF ECONOMICALLY DISADVAN- 22 TAGED STUDENT.—Notwithstanding paragraph (1), 23 as a condition of receiving funds under section 2001, 24 a State educational agency shall not, in fiscal year 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 34 •HR 1319 RH 2022 or 2023, reduce State funding for any local 1 educational agency that is part of the 20 percent of 2 local educational agencies in the State with the high- 3 est percentage of economically disadvantaged stu- 4 dents (based on the percentages of economically dis- 5 advantaged students served by all local educational 6 agencies in the State on the basis of the most recent 7 satisfactory data available from the Department of 8 Commerce) below the level of funding provided to 9 such local educational agencies in fiscal year 2019. 10 (c) LOCAL EDUCATIONAL AGENCY MAINTENANCE OF 11 EQUITY FOR HIGH-POVERTY SCHOOLS.—As a condition 12 of receiving funds under section 2001, a local educational 13 agency shall not, in fiscal year 2022 or 2023— 14 (1) reduce per-pupil funding (from combined 15 State and local funding) for any high-poverty school 16 served by such local educational agency by an 17 amount that exceeds— 18 (A) the total reduction in local educational 19 agency funding (from combined State and local 20 funding) for all schools served by the local edu- 21 cational agency in such fiscal year (if any); di- 22 vided by 23 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 35 •HR 1319 RH (B) the number of children enrolled in all 1 schools served by the local educational agency 2 in such fiscal year; or 3 (2) reduce per-pupil, full-time equivalent staff 4 in any high-poverty school by an amount that ex- 5 ceeds— 6 (A) the total reduction in full-time equiva- 7 lent staff in all schools served by such local 8 educational agency in such fiscal year (if any); 9 divided by 10 (B) the number of children enrolled in all 11 schools served by the local educational agency 12 in such fiscal year. 13 (d) DEFINITIONS.—In this section: 14 (1) The term ‘‘high-poverty local educational 15 agency’’ means, with respect to a local educational 16 agency in a State, a local educational agency that 17 serves a higher percentage of economically disadvan- 18 taged students than the local educational agency 19 that serves the median percentage of economically 20 disadvantaged students, based on the percentages of 21 economically disadvantaged students served by all 22 local educational agencies in such State, on the basis 23 of the most recent satisfactory data available from 24 the Department of Commerce. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 36 •HR 1319 RH (2) The term ‘‘high-poverty school’’ means, with 1 respect to a school served by a local educational 2 agency, a school that serves a higher percentage of 3 economically disadvantaged students, as determined 4 by any of the measures of poverty in section 1113 5 of the Elementary and Secondary Education Act of 6 1965 (20 U.S.C. 6313) than the school that serves 7 the median percentage of economically disadvan- 8 taged students based on the percentages of economi- 9 cally disadvantaged students— 10 (A) at all schools served by such local edu- 11 cational agency; or 12 (B) at all schools within each grade-span 13 of such local educational agency. 14 (3) The term ‘‘overall per-pupil reduction in 15 State funds’’ means, with respect to a fiscal year— 16 (A) the amount of any reduction in the 17 total amount of State funds provided to all local 18 educational agencies in the State in such fiscal 19 year compared to the total amount of such 20 funds provided to all local educational agencies 21 in the State in the previous fiscal year; divided 22 by 23 (B) the aggregate number of children en- 24 rolled in all schools served by all local edu- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 37 •HR 1319 RH cational agencies in the State in the fiscal year 1 for which the determination is being made. 2 SEC. 2004. OUTLYING AREAS. 3 In addition to amounts otherwise available, there is 4 appropriated to the Department of Education for fiscal 5 year 2021, out of any money in the Treasury not otherwise 6 appropriated, $850,000,000, to remain available through 7 September 30, 2023, for the Secretary of Education to 8 allocate awards to the outlying areas on the basis of their 9 respective needs, as determined by the Secretary, to be 10 allocated not more than 30 calendar days after the date 11 of enactment of this Act. 12 SEC. 2005. BUREAU OF INDIAN EDUCATION. 13 In addition to amounts otherwise available, there is 14 appropriated to the Department of Education for fiscal 15 year 2021, out of any money in the Treasury not otherwise 16 appropriated, $850,000,000, to remain available until ex- 17 pended, for the Secretary of Education to allocate to the 18 Secretary of the Interior for awards, which awards shall 19 be determined and funds for such awards allocated by the 20 Secretary of the Interior not more than 30 calendar days 21 after the date of enactment of this Act, for programs oper- 22 ated or funded by the Bureau of Indian Education, for 23 Bureau-funded schools (as defined in section 1141(3) of 24 the Education Amendments of 1978 (25 U.S.C. 2021(3)), 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 38 •HR 1319 RH and for Tribal Colleges or Universities (as defined in sec- 1 tion 316(b)(3) of the Higher Education Act of 1965 (20 2 U.S.C. 1059c(b)(3))). 3 SEC. 2006. GALLAUDET UNIVERSITY. 4 In addition to amounts otherwise available, there is 5 appropriated to the Department of Education for fiscal 6 year 2021, out of any money in the Treasury not otherwise 7 appropriated, $19,250,000, to remain available through 8 September 30, 2023, for the Kendall Demonstration Ele- 9 mentary School, the Model Secondary School for the Deaf, 10 and Gallaudet University under titles I and II of the Edu- 11 cation of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.) 12 to prevent, prepare for, and respond to coronavirus, do- 13 mestically or internationally, including to defray expenses 14 associated with coronavirus (including lost revenue, reim- 15 bursement for expenses already incurred, technology costs 16 associated with a transition to distance education, faculty 17 and staff trainings, and payroll) and to provide financial 18 aid grants to students, which may be used for any compo- 19 nent of the student’s cost of attendance. 20 SEC. 2007. STUDENT AID ADMINISTRATION. 21 In addition to amounts otherwise available, there is 22 appropriated to the Department of Education for fiscal 23 year 2021, out of any money in the Treasury not otherwise 24 appropriated, $91,130,000, to remain available through 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 39 •HR 1319 RH September 30, 2023, for Student Aid Administration with- 1 in the Department of Education to prevent, prepare for, 2 and respond to coronavirus, domestically or internation- 3 ally, including direct outreach to students and borrowers 4 about financial aid, economic impact payments, means- 5 tested benefits, and tax benefits for which they may be 6 eligible. 7 SEC. 2008. HOWARD UNIVERSITY. 8 In addition to amounts otherwise available, there is 9 appropriated to the Department of Education for fiscal 10 year 2021, out of any money in the Treasury not otherwise 11 appropriated, $35,000,000, to remain available through 12 September 30, 2023, for Howard University to prevent, 13 prepare for, and respond to coronavirus, domestically or 14 internationally, including to defray expenses associated 15 with coronavirus (including lost revenue, reimbursement 16 for expenses already incurred, technology costs associated 17 with a transition to distance education, faculty and staff 18 trainings, and payroll) and to provide financial aid grants 19 to students, which may be used for any component of the 20 student’s cost of attendance. 21 SEC. 2009. NATIONAL TECHNICAL INSTITUTE FOR THE 22 DEAF. 23 In addition to amounts otherwise available, there is 24 appropriated to the Department of Education for fiscal 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 40 •HR 1319 RH year 2021, out of any money in the Treasury not otherwise 1 appropriated, $19,250,000, to remain available through 2 September 30, 2023, for the National Technical Institute 3 for the Deaf under titles I and II of the Education of the 4 Deaf Act of 1986 (20 U.S.C. 4301 et seq.) to prevent, 5 prepare for, and respond to coronavirus, domestically or 6 internationally, including to defray expenses associated 7 with coronavirus (including lost revenue, reimbursement 8 for expenses already incurred, technology costs associated 9 with a transition to distance education, faculty and staff 10 training, and payroll) and to provide financial aid grants 11 to students, which may be used for any component of the 12 student’s cost of attendance. 13 SEC. 2010. INSTITUTE OF EDUCATION SCIENCES. 14 In addition to amounts otherwise available, there is 15 appropriated to the Department of Education for fiscal 16 year 2021, out of any money in the Treasury not otherwise 17 appropriated, $100,000,000, to remain available through 18 September 30, 2023, for the Institute of Education 19 Sciences established under part A of title I of the Edu- 20 cation Sciences Reform Act of 2002 (20 U.S.C. 9511 et 21 seq.) to carry out research related to addressing learning 22 loss caused by the coronavirus among the student popu- 23 lations described in section 1111(h)(1)(C)(ii) of the Ele- 24 mentary and Secondary Education Act of 1965 (20 U.S.C. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 41 •HR 1319 RH 6311(h)(1)(C)(ii)) and to disseminate such findings to 1 State educational agencies and local educational agencies 2 and other appropriate entities. 3 SEC. 2011. PROGRAM ADMINISTRATION. 4 In addition to amounts otherwise available, there is 5 appropriated to the Department of Education for fiscal 6 year 2021, out of any money in the Treasury not otherwise 7 appropriated, $15,000,000, to remain available through 8 September 30, 2024, for Program Administration within 9 the Department of Education to prevent, prepare for, and 10 respond to coronavirus, domestically or internationally, 11 and for salaries and expenses necessary to implement this 12 part. 13 SEC. 2012. OFFICE OF INSPECTOR GENERAL. 14 In addition to amounts otherwise available, there is 15 appropriated to the Department of Education for fiscal 16 year 2021, out of any money in the Treasury not otherwise 17 appropriated, $5,000,000, to remain available until ex- 18 pended, for the Office of Inspector General of the Depart- 19 ment of Education, as authorized by section 211 of the 20 Department of Education Organization Act (20 U.S.C. 21 3422), to prevent, prepare for, and respond to 22 coronavirus, domestically or internationally, including for 23 salaries and expenses necessary for oversight, investiga- 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 42 •HR 1319 RH tions, and audits of programs, grants, and projects funded 1 under this part to respond to coronavirus. 2 SEC. 2013. MODIFICATION OF REVENUE REQUIREMENTS 3 FOR PROPRIETARY INSTITUTIONS OF HIGH- 4 ER EDUCATION. 5 (a) IN GENERAL.—Section 487(a)(24) of the Higher 6 Education Act of 1965 (20 U.S.C. 1094(a)(24)) is amend- 7 ed by striking ‘‘funds provided under this title’’ and insert- 8 ing ‘‘Federal funds that are disbursed or delivered to or 9 on behalf of a student to be used to attend such institution 10 (referred to in this paragraph and subsection (d) as ‘Fed- 11 eral education assistance funds’)’’. 12 (b) IMPLEMENTATION OF NON-FEDERAL REVENUE 13 REQUIREMENT.—Section 487(d) of the Higher Education 14 Act of 1965 (20 U.S.C. 1094(d)) is amended— 15 (1) in the subsection heading, by striking ‘‘Non- 16 title IV’’ and inserting ‘‘Non-Federal’’; and 17 (2) in paragraph (1)(C), by striking ‘‘funds for 18 a program under this title’’ and inserting ‘‘Federal 19 education assistance funds’’. 20 PART 2—MISCELLANEOUS 21 SEC. 2021. NATIONAL ENDOWMENT FOR THE ARTS. 22 In addition to amounts otherwise available, there is 23 appropriated for fiscal year 2021, out of any money in 24 the Treasury not otherwise appropriated, $135,000,000, 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 43 •HR 1319 RH to remain available until expended, under the National 1 Foundation on the Arts and the Humanities Act of 1965 2 (20 U.S.C. 951 et seq.), as follows: 3 (1) Forty percent shall be for grants, and rel- 4 evant administrative expenses, to State arts agencies 5 and regional arts organizations that support organi- 6 zations’ programming and general operating ex- 7 penses to cover up to 100 percent of the costs of the 8 programs which the grants support, to prevent, pre- 9 pare for, respond to, and recover from the 10 coronavirus. 11 (2) Sixty percent shall be for direct grants, and 12 relevant administrative expenses, that support orga- 13 nizations’ programming and general operating ex- 14 penses to cover up to 100 percent of the costs of the 15 programs which the grants support, to prevent, pre- 16 pare for, respond to, and recover from the 17 coronavirus. 18 SEC. 2022. NATIONAL ENDOWMENT FOR THE HUMANITIES. 19 In addition to amounts otherwise available, there is 20 appropriated for fiscal year 2021, out of any money in 21 the Treasury not otherwise appropriated, $135,000,000, 22 to remain available until expended, under the National 23 Foundation on the Arts and the Humanities Act of 1965 24 (20 U.S.C. 951 et seq.), as follows: 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 44 •HR 1319 RH (1) Forty percent shall be for grants, and rel- 1 evant administrative expenses, to State humanities 2 councils that support humanities organizations’ pro- 3 gramming and general operating expenses to cover 4 up to 100 percent of the costs of the programs 5 which the grants support, to prevent, prepare for, 6 respond to, and recover from the coronavirus. 7 (2) Sixty percent shall be for direct grants, and 8 relevant administrative expenses, that support hu- 9 manities organizations’ programming and general 10 operating expenses to cover up to 100 percent of the 11 costs of the programs which the grants support, to 12 prevent, prepare for, respond to, and recover from 13 the coronavirus. 14 SEC. 2023. INSTITUTE OF MUSEUM AND LIBRARY SERVICES. 15 In addition to amounts otherwise available, there is 16 appropriated for fiscal year 2021, out of any money in 17 the Treasury not otherwise appropriated, $200,000,000, 18 to remain available until expended, to carry out the Li- 19 brary Services and Technology Act (20 U.S.C. 9121 et 20 seq.) as authorized under subtitle B of the Museum and 21 Library Services Act (20 U.S.C. 9121 et seq.), including 22 for administrative costs authorized under section 210C of 23 such Act (20 U.S.C. 9111), except that— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 45 •HR 1319 RH (1) section 221(b)(3)(A) of the Library Services 1 and Technology Act shall be applied by substituting 2 ‘‘$2,000,000’’ for ‘‘$680,000’’ and by substituting 3 ‘‘$200,000’’ for ‘‘$60,000’’; and 4 (2) section 221(b)(3)(C) and subsections (b) 5 and (c) of section 223 of such Act shall not apply 6 to funds provided under this section. 7 SEC. 2024. COVID-19 RESPONSE RESOURCES FOR THE PRES- 8 ERVATION AND MAINTENANCE OF NATIVE 9 AMERICAN LANGUAGES. 10 (a) Section 816 of the Native American Programs 11 Act of 1974 (42 U.S.C. 2992d) is amended by adding at 12 the end the following: 13 ‘‘(f) In addition to amounts otherwise available, there 14 is appropriated for fiscal year 2021, out of any money in 15 the Treasury not otherwise appropriated, $10,000,000 to 16 remain available until expended, to carry out section 17 803C(g) of this Act.’’. 18 (b) Section 803C of the Native American Programs 19 Act of 1974 (42 U.S.C. 2991b-3) is amended by adding 20 at the end the following: 21 ‘‘(g) EMERGENCY GRANTS FOR NATIVE AMERICAN 22 LANGUAGE PRESERVATION AND MAINTENANCE.—Not 23 later than 180 days after the effective date of this sub- 24 section, the Secretary shall award grants to entities eligi- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 46 •HR 1319 RH ble to receive assistance under subsection (a) to ensure 1 the survival and continuing vitality of Native American 2 languages during and after the public health emergency 3 declared by the Secretary pursuant to section 319 of the 4 Public Health Service Act (42 U.S.C. 247d) with respect 5 to the COVID–19 pandemic.’’. 6 Subtitle B—Labor Matters 7 SEC. 2101. RAISING THE FEDERAL MINIMUM WAGE. 8 (a) MINIMUM WAGE INCREASES.— 9 (1) IN GENERAL.—Section 6(a)(1) of the Fair 10 Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) 11 is amended to read as follows: 12 ‘‘(1) except as otherwise provided in this sec- 13 tion, not less than— 14 ‘‘(A) $9.50 an hour, beginning on the ef- 15 fective date under section 2101(e) of the Amer- 16 ican Rescue Plan Act of 2021; 17 ‘‘(B) $11.00 an hour, beginning 1 year 18 after such effective date; 19 ‘‘(C) $12.50 an hour, beginning 2 years 20 after such effective date; 21 ‘‘(D) $14.00 an hour, beginning 3 years 22 after such effective date; 23 ‘‘(E) $15.00 an hour, beginning 4 years 24 after such effective date; and 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 47 •HR 1319 RH ‘‘(F) beginning on the date that is 5 years 1 after such effective date, and annually there- 2 after, the amount determined by the Secretary 3 under subsection (h);’’. 4 (2) DETERMINATION BASED ON INCREASE IN 5 THE MEDIAN HOURLY WAGE OF ALL EMPLOYEES.— 6 Section 6 of the Fair Labor Standards Act of 1938 7 (29 U.S.C. 206) is amended by adding at the end 8 the following: 9 ‘‘(h)(1) Not later than each date that is 90 days be- 10 fore a new minimum wage determined under subsection 11 (a)(1)(F) is to take effect, the Secretary shall determine 12 the minimum wage to be in effect under this subsection 13 for each period described in subsection (a)(1)(F). The 14 wage determined under this subsection for a year shall 15 be— 16 ‘‘(A) not less than the amount in effect under 17 subsection (a)(1) on the date of such determination; 18 ‘‘(B) increased from such amount by the annual 19 percentage increase, if any, in the median hourly 20 wage of all employees as determined by the Bureau 21 of Labor Statistics; and 22 ‘‘(C) rounded up to the nearest multiple of 23 $0.05. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 48 •HR 1319 RH ‘‘(2) In calculating the annual percentage increase in 1 the median hourly wage of all employees for purposes of 2 paragraph (1)(B), the Secretary, through the Bureau of 3 Labor Statistics, shall compile data on the hourly wages 4 of all employees to determine such a median hourly wage 5 and compare such median hourly wage for the most recent 6 year for which data are available with the median hourly 7 wage determined for the preceding year.’’. 8 (b) TIPPED EMPLOYEES.— 9 (1) BASE MINIMUM WAGE FOR TIPPED EMPLOY- 10 EES AND TIPS RETAINED BY EMPLOYEES.—Section 11 3(m)(2)(A)(i) of the Fair Labor Standards Act of 12 1938 (29 U.S.C. 203(m)(2)(A)(i)) is amended to 13 read as follows: 14 ‘‘(i) the cash wage paid such em- 15 ployee, which for purposes of such deter- 16 mination shall be not less than— 17 ‘‘(I) for the 1-year period begin- 18 ning on the effective date under sec- 19 tion 2101(e) of the American Rescue 20 Plan Act of 2021, $4.95 an hour; 21 ‘‘(II) for each succeeding 1-year 22 period until the hourly wage under 23 this clause equals the wage in effect 24 under section 6(a)(1) for such period, 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 49 •HR 1319 RH an hourly wage equal to the amount 1 determined under this clause for the 2 preceding year, increased by the lesser 3 of— 4 ‘‘(aa) $2.00; or 5 ‘‘(bb) the amount necessary 6 for the wage in effect under this 7 clause to equal the wage in effect 8 under section 6(a)(1) for such 9 period, rounded up to the nearest 10 multiple of $0.05; and 11 ‘‘(III) for each succeeding 1-year 12 period after all increases are made 13 pursuant to subclause (II), the min- 14 imum wage in effect under section 15 6(a)(1); and’’. 16 (2) SCHEDULED REPEAL OF SEPARATE MIN- 17 IMUM WAGE FOR TIPPED EMPLOYEES.— 18 (A) TIPPED EMPLOYEES.—Section 19 3(m)(2)(A) of the Fair Labor Standards Act of 20 1938 (29 U.S.C. 203(m)(2)(A)), as amended by 21 paragraph (1), is further amended by striking 22 the sentence beginning with ‘‘In determining 23 the wage an employer is required to pay a 24 tipped employee,’’ and all that follows through 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 50 •HR 1319 RH ‘‘of this subsection.’’ and inserting ‘‘The wage 1 required to be paid to a tipped employee shall 2 be the wage set forth in section 6(a)(1).’’. 3 (B) EFFECTIVE DATE.—The amendments 4 made by subparagraph (A) shall take effect on 5 the date that is 1 day after the date on which 6 the hourly wage under subclause (III) of section 7 3(m)(2)(A)(i) of the Fair Labor Standards Act 8 of 1938 (29 U.S.C. 203(m)(2)(A)(i)), as 9 amended by paragraph (1), takes effect. 10 (3) PENALTIES.—Section 16 of the Fair Labor 11 Standards Act of 1938 (29 U.S.C. 216) is amend- 12 ed— 13 (A) in the third sentence of subsection (b), 14 by inserting ‘‘or used’’ after ‘‘kept’’; and 15 (B) in the second sentence of subsection 16 (e)(2), by inserting ‘‘or used’’ after ‘‘kept’’. 17 (c) NEWLY HIRED EMPLOYEES WHO ARE LESS 18 THAN 20 YEARS OLD.— 19 (1) IN GENERAL.—Section 6(g)(1) of the Fair 20 Labor Standards Act of 1938 (29 U.S.C. 206(g)(1)) 21 is amended by striking ‘‘a wage which is not less 22 than $4.25 an hour.’’ and inserting the following: ‘‘a 23 wage at a rate that is not less than— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 51 •HR 1319 RH ‘‘(A) for the 1-year period beginning on 1 the effective date under section 2101(e) of the 2 American Rescue Plan Act of 2021, $6.00 an 3 hour; 4 ‘‘(B) for each succeeding 1-year period 5 until the hourly wage under this paragraph 6 equals the wage in effect under section 6(a)(1) 7 for such period, an hourly wage equal to the 8 amount determined under this paragraph for 9 the preceding year, increased by the lesser of— 10 ‘‘(i) $1.75; or 11 ‘‘(ii) the amount necessary for the 12 wage in effect under this paragraph to 13 equal the wage in effect under section 14 6(a)(1) for such period, rounded up to the 15 nearest multiple of $0.05; and 16 ‘‘(C) for each succeeding 1-year period 17 after all increases are made pursuant to sub- 18 paragraph (B), the minimum wage in effect 19 under section 6(a)(1).’’. 20 (2) SCHEDULED REPEAL OF SEPARATE MIN- 21 IMUM WAGE FOR NEWLY HIRED EMPLOYEES WHO 22 ARE LESS THAN 20 YEARS OLD.— 23 (A) IN GENERAL.—Section 6(g) of the 24 Fair Labor Standards Act of 1938 (29 U.S.C. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 52 •HR 1319 RH 206(g)), as amended by paragraph (1), shall be 1 repealed. 2 (B) EFFECTIVE DATE.—The repeal made 3 by subparagraph (A) shall take effect on the 4 date that is 1 day after the date on which the 5 hourly wage under subparagraph (C) of section 6 6(g)(1) of the Fair Labor Standards Act of 7 1938 (29 U.S.C. 206(g)(1)), as amended by 8 paragraph (1), takes effect. 9 (d) PROMOTING ECONOMIC SELF-SUFFICIENCY FOR 10 INDIVIDUALS WITH DISABILITIES.— 11 (1) PROHIBITION ON NEW SPECIAL CERTIFI- 12 CATES.— 13 (A) IN GENERAL.—Section 14(c) of the 14 Fair Labor Standards Act of 1938 (29 U.S.C. 15 214(c)) is amended by adding at the end the 16 following: 17 ‘‘(6) PROHIBITION ON NEW SPECIAL CERTIFI- 18 CATES.—Notwithstanding paragraph (1), the Sec- 19 retary shall not issue a special certificate under this 20 subsection to an employer that was not issued a spe- 21 cial certificate under this subsection before the date 22 of enactment of the American Rescue Plan Act of 23 2021.’’. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 53 •HR 1319 RH (B) EFFECTIVE DATE.—The amendment 1 made by subparagraph (A) shall take effect on 2 the date of enactment of this Act. 3 (2) TRANSITION TO FAIR WAGES FOR INDIVID- 4 UALS WITH DISABILITIES.—Subparagraph (A) of 5 section 14(c)(1) of the Fair Labor Standards Act of 6 1938 (29 U.S.C. 214(c)(1)) is amended to read as 7 follows: 8 ‘‘(A) at a rate that equals or exceeds, for 9 each year, the greater of— 10 ‘‘(i)(I) $5.00 an hour, beginning on 11 the effective date under section 2101(e) of 12 the American Rescue Plan Act of 2021; 13 ‘‘(II) $7.50 an hour, beginning 1 year 14 after such effective date; 15 ‘‘(III) $10.00 an hour, beginning 2 16 years after such effective date; 17 ‘‘(IV) $12.50 an hour, beginning 3 18 years after such effective date; 19 ‘‘(V) $15.00 an hour, beginning 4 20 years after such effective date; and 21 ‘‘(VI) the wage rate in effect under 22 section 6(a)(1), beginning 5 years after 23 such effective date; or 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 54 •HR 1319 RH ‘‘(ii) if applicable, the wage rate in ef- 1 fect on the day before the date of enact- 2 ment of the American Rescue Plan Act of 3 2021 for the employment, under a special 4 certificate issued under this paragraph, of 5 the individual for whom the wage rate is 6 being determined under this subpara- 7 graph,’’. 8 (3) SUNSET.—Section 14(c) of the Fair Labor 9 Standards Act of 1938 (29 U.S.C. 214(c)) is further 10 amended by adding at the end the following: 11 ‘‘(7) SUNSET.—Beginning on the day after the 12 date on which the wage rate described in paragraph 13 (1)(A)(i)(VI) takes effect, the authority to issue spe- 14 cial certificates under paragraph (1) shall expire, 15 and no special certificates issued under paragraph 16 (1) shall have any legal effect.’’. 17 (e) GENERAL EFFECTIVE DATE.—Except as other- 18 wise provided in this section, or the amendments made 19 by this section, this section and the amendments made by 20 this section shall take effect— 21 (1) subject to paragraph (2), on the first day 22 of the third month that begins after the date of the 23 enactment of this Act; and 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 55 •HR 1319 RH (2) with respect to the Commonwealth of the 1 Northern Mariana Islands, on the date that is 18 2 months after the effective date described in para- 3 graph (1). 4 SEC. 2102. FUNDING FOR DEPARTMENT OF LABOR WORKER 5 PROTECTION ACTIVITIES. 6 (a) APPROPRIATION.—In addition to amounts other- 7 wise made available, out of any funds in the Treasury not 8 otherwise appropriated, there are appropriated to the Sec- 9 retary of Labor for fiscal year 2021, $150,000,000, to re- 10 main available until September 30, 2023, for the Wage 11 and Hour Division, the Office of Workers’ Compensation 12 Programs, the Office of the Solicitor, the Mine Safety and 13 Health Administration, and the Occupational Safety and 14 Health Administration to carry out COVID–19 related 15 worker protection activities, and for the Office of Inspec- 16 tor General for oversight of the Secretary’s activities to 17 prevent, prepare for, and respond to COVID–19. 18 (b) ALLOCATION OF AMOUNTS.—Amounts appro- 19 priated under subsection (a) shall be allocated as follows: 20 (1) Not less than $75,000,000 shall be for the 21 Occupational Safety and Health Administration, of 22 which $10,000,000 shall be for Susan Harwood 23 training grants and not less than $5,000,000 shall 24 be for enforcement activities related to COVID–19 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 56 •HR 1319 RH at high risk workplaces including health care, meat 1 and poultry processing facilities, agricultural work- 2 places and correctional facilities. 3 (2) $12,500,000 shall be for the Office of In- 4 spector General. 5 SEC. 2103. ELIGIBILITY FOR WORKERS’ COMPENSATION 6 BENEFITS FOR FEDERAL EMPLOYEES DIAG- 7 NOSED WITH COVID–19. 8 (a) IN GENERAL.—Subject to subsection (c), a cov- 9 ered employee shall, with respect to any claim made by 10 or on behalf of the covered employee for benefits under 11 subchapter I of chapter 81 of title 5, United States Code, 12 be deemed to have an injury proximately caused by expo- 13 sure to the novel coronavirus arising out of the nature of 14 the covered employee’s employment. Such covered em- 15 ployee, or a beneficiary of such an employee, shall be enti- 16 tled to such benefits for such claim, including disability 17 compensation, medical services, and survivor benefits. 18 (b) DEFINITIONS.—In this section, the following: 19 (1) COVERED EMPLOYEE.— 20 (A) IN GENERAL.—The term ‘‘covered em- 21 ployee’’ means an individual— 22 (i) who is an employee under section 23 8101(1) of title 5, United States Code, (in- 24 cluding an employee of the United States 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 57 •HR 1319 RH Postal Service, the Transportation Security 1 Administration, or the Department of Vet- 2 erans Affairs, including any individual ap- 3 pointed under chapter 73 or 74 of title 38, 4 United States Code) employed in the Fed- 5 eral service at anytime during the period 6 beginning on January 27, 2020, and end- 7 ing on January 27, 2023; 8 (ii) who is diagnosed with COVID–19 9 during such period; and 10 (iii) who, during a covered exposure 11 period prior to such diagnosis, carries out 12 duties that— 13 (I) require contact with patients, 14 members of the public, or co-workers; 15 or 16 (II) include a risk of exposure to 17 the novel coronavirus. 18 (B) TELEWORKING EXCEPTION.—The 19 term ‘‘covered employee’’ does not include any 20 employee otherwise covered by subparagraph 21 (A) who is exclusively teleworking during a cov- 22 ered exposure period, regardless of whether 23 such employment is full time or part time. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 58 •HR 1319 RH (2) COVERED EXPOSURE PERIOD.—The term 1 ‘‘covered exposure period’’ means, with respect to a 2 diagnosis of COVID–19, the period beginning on a 3 date to be determined by the Secretary of Labor. 4 (3) NOVEL CORONAVIRUS.—The term ‘‘novel 5 coronavirus’’ means SARS–CoV–2 or another 6 coronavirus declared to be a pandemic by public 7 health authorities. 8 (c) LIMITATION.— 9 (1) DETERMINATIONS MADE ON OR BEFORE 10 THE DATE OF ENACTMENT.—This section shall not 11 apply with respect to a covered employee who is de- 12 termined to be entitled to benefits under subchapter 13 I of chapter 81 of title 5, United States Code, for 14 a claim described in subsection (a) if such deter- 15 mination is made on or before the date of enactment 16 of this Act. 17 (2) LIMITATION ON DURATION OF BENEFITS.— 18 No funds are authorized to be appropriated to pay, 19 and no benefits may be paid for, claims approved on 20 the basis of subsection (a) after September 30, 21 2030. No administrative costs related to any such 22 claim may be paid after such date. 23 (d) EMPLOYEES’ COMPENSATION FUND.— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 59 •HR 1319 RH (1) IN GENERAL.—The costs of benefits for 1 claims approved on the basis of subsection (a) shall 2 not be included in the annual statement of the cost 3 of benefits and other payments of an agency or in- 4 strumentality under section 8147(b) of title 5, 5 United States Code. 6 (2) FAIR SHARE PROVISION.—Costs of adminis- 7 tration for claims described in paragraph (1)— 8 (A) may be paid from the Employees’ 9 Compensation Fund; and 10 (B) shall not be subject to the fair share 11 provision in section 8147(c) of title 5, United 12 States Code. 13 SEC. 2104. COMPENSATION PURSUANT TO THE LONGSHORE 14 AND HARBOR WORKERS’ COMPENSATION 15 ACT. 16 (a) CLAIMS RELATED TO COVID–19.— 17 (1) IN GENERAL.—Subject to subsection (c), a 18 covered employee who receives a diagnosis or is sub- 19 ject to an order described in paragraph (2)(B) and 20 who provides notice of or files a claim relating to 21 such diagnosis or order under section 12 or 13 of 22 the Longshore and Harbor Workers’ Compensation 23 Act (33 U.S.C. 912, 913), respectively, shall be con- 24 clusively presumed to have an injury arising out of 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 60 •HR 1319 RH or in the course of employment for the purpose of 1 compensation under the Longshore and Harbor 2 Workers’ Compensation Act (33 U.S.C. 901 et seq.). 3 (2) COVERED EMPLOYEE.—In this section, the 4 term ‘‘covered employee’’ means an individual who, 5 at any time during the period beginning January 27, 6 2020, and ending on January 27, 2023— 7 (A) is an employee; and 8 (B) is— 9 (i) diagnosed with COVID–19; or 10 (ii) ordered not to return to work by 11 the employee’s employer or by a local, 12 State, or Federal agency because of expo- 13 sure, or the risk of exposure, to 1 or more 14 individuals diagnosed with COVID–19 in 15 the workplace. 16 (3) LIMITATION.—This section shall not apply 17 with respect to a covered employee who— 18 (A) provides notice or files a claim de- 19 scribed in paragraph (1) on or before the date 20 of the enactment of this Act; and 21 (B) is determined to be entitled to the 22 compensation described in paragraph (1) or 23 awarded such compensation if such determina- 24 tion or award is made on or before such date. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 61 •HR 1319 RH (4) DENIALS ON OR BEFORE THE DATE OF EN- 1 ACTMENT.—Paragraph (1) shall apply with respect 2 to a covered employee who is determined not to be 3 entitled to, or who is not awarded, compensation de- 4 scribed in paragraph (1) if such determination or de- 5 cision not to award such compensation is made on 6 or before the date of enactment of this Act. 7 (b) REIMBURSEMENT.— 8 (1) IN GENERAL.— 9 (A) ENTITLEMENT.—Subject to subpara- 10 graph (B) and to the availability of appropria- 11 tions and limitation on payments under sub- 12 section (c), an employer of a covered employee 13 or the employer’s carrier shall be entitled to re- 14 imbursement for any compensation paid with 15 respect to a notice or claim described in sub- 16 section (a), including disability benefits, funeral 17 and burial expenses, medical or other related 18 costs for treatment and care, and reasonable 19 and necessary allocated claims expenses. 20 (B) SAFETY AND HEALTH REQUIRE- 21 MENTS.—To be entitled to reimbursement 22 under subparagraph (A)— 23 (i) an employer shall be in compliance 24 with all applicable safety and health guide- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 62 •HR 1319 RH lines and standards that are related to the 1 prevention of occupational exposure to the 2 novel coronavirus that causes COVID–19, 3 including such guidelines and standards 4 issued by the Occupational Safety and 5 Health Administration, State plans ap- 6 proved under section 18 of the Occupa- 7 tional Safety and Health Act of 1970 (29 8 U.S.C. 667), and the National Institute for 9 Occupational Safety and Health; and 10 (ii) a carrier— 11 (I) shall be a carrier for an em- 12 ployer that is in compliance with 13 clause (i); and 14 (II) shall not adjust the experi- 15 ence rating or the annual premium of 16 the employer based upon the com- 17 pensation paid by the carrier with re- 18 spect to a notice or claim described in 19 subparagraph (A). 20 (2) REIMBURSEMENT PROCEDURES.— 21 (A) IN GENERAL.—Subject to subsection 22 (c), to receive reimbursement under paragraph 23 (1)— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 63 •HR 1319 RH (i) a claim for such reimbursement 1 shall be submitted to the Secretary of 2 Labor— 3 (I) not earlier than— 4 (aa) the date on which a 5 compensation order (as described 6 in section 19(e) of the Longshore 7 and Harbor Workers’ Compensa- 8 tion Act (33 U.S.C. 919(e))) is 9 issued that fixes entitlement to 10 benefits; or 11 (bb) the date on which— 12 (AA) a payment is 13 made under such Act; 14 (BB) entitlement to 15 benefits is established under 16 such Act; and 17 (CC) the rate of com- 18 pensation and period of pay- 19 ment is relatively fixed and 20 known; and 21 (II) not later than one year after 22 the final payment of compensation to 23 a covered employee pursuant to this 24 section; and 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 64 •HR 1319 RH (ii) an employer and the employer’s 1 carrier shall make, keep, and preserve such 2 records, make such reports, and provide 3 such information, as the Secretary of 4 Labor determines necessary or appropriate 5 to carry out this section. 6 (B) COMMUTATION OF COMPENSATION IN- 7 STALLMENTS.—The Secretary may commute 8 future compensation installments with respect 9 to a claim under this section. 10 (c) EMPLOYEES’ COMPENSATION FUND.— 11 (1) IN GENERAL.—A reimbursement under sub- 12 section (b) shall be paid out of the Employees’ Com- 13 pensation Fund under section 8147 of title 5, 14 United States Code. 15 (2) FUNDING.—In addition to amounts other- 16 wise available, there are authorized to be appro- 17 priated, and there are appropriated, out of any 18 money in the Treasury not otherwise appropriated, 19 such funds as may be necessary for the period begin- 20 ning on the date of enactment of this Act and end- 21 ing on September 30, 2030, to reimburse the Em- 22 ployees’ Compensation Fund for each reimbursement 23 paid out of such Fund under subsection (b). 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 65 •HR 1319 RH (3) LIMITATION.—With respect to a claim for 1 benefits approved on the basis of subsection (a), no 2 payments may be made from the Employees’ Com- 3 pensation Fund or the special fund established in 4 section 44 of Longshore and Harbor Workers’ Com- 5 pensation Act (33 U.S.C. 944) after September 30, 6 2030, for benefits, reimbursements, or other expend- 7 itures relating to such claim. 8 (4) FINAL ACTION.—The action of the Sec- 9 retary in allowing or denying any reimbursement 10 under subsection (b) shall be final and conclusive on 11 all questions of law and fact and not subject to re- 12 view by any other official of the United States or by 13 any court by mandamus or otherwise. 14 (d) DEFINITIONS.—In this section: 15 (1) LHWCA TERMS.—The terms ‘‘carrier’’, 16 ‘‘compensation’’, ‘‘employee’’, and ‘‘employer’’ have 17 the meanings given the terms in section 2 of the 18 Longshore and Harbor Workers’ Compensation Act 19 (33 U.S.C. 902). 20 (2) NOVEL CORONAVIRUS.—The term ‘‘novel 21 coronavirus’’ means SARS–CoV–2 or any other 22 coronavirus declared to be a pandemic by public 23 health authorities. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 66 •HR 1319 RH Subtitle C—Human Services and 1 Community Supports 2 SEC. 2201. ADDITIONAL FUNDING FOR AGING AND DIS- 3 ABILITY SERVICES PROGRAMS. 4 Subtitle A of title XX of the Social Security Act (42 5 U.S.C. 1397-1397h) is amended by adding at the end the 6 following: 7 ‘‘SEC. 2010. ADDITIONAL FUNDING FOR AGING AND DIS- 8 ABILITY SERVICES PROGRAMS. 9 ‘‘(a) APPROPRIATION.—In addition to amounts oth- 10 erwise available, there is appropriated for fiscal year 2021, 11 out of any money in the Treasury not otherwise appro- 12 priated, $276,000,000, to remain available until expended, 13 to carry out the programs described in subtitle B. 14 ‘‘(b) USE OF FUNDS.— 15 ‘‘(1) IN GENERAL.—Of the amounts made 16 available by subsection (a)— 17 ‘‘(A) $88,000,000 shall be made available 18 to carry out the programs described in subtitle 19 B in fiscal year 2021, of which not less than an 20 amount equal to $100,0000,000 minus the 21 amount previously provided in fiscal year 2021 22 to carry out section 2042(b) shall be made 23 available to carry out such section; and 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 67 •HR 1319 RH ‘‘(B) $188,000,000 shall be made available 1 to carry out the programs described in subtitle 2 B in fiscal year 2022, of which not less than 3 $100,000,000 shall be for activities described in 4 section 2042(b). 5 ‘‘(2) SERVICES FOR ALL ADULTS.—The 6 amounts made available by subsection (a) of this 7 section to carry out section 2042(b) may be used to 8 provide services under programs described in section 9 2042(b) for all adults.’’. 10 SEC. 2202. SUPPORTING OLDER AMERICANS AND THEIR 11 FAMILIES. 12 (a) APPROPRIATION.—In addition to amounts other- 13 wise available, there is appropriated for fiscal year 2021, 14 out of any money in the Treasury not otherwise appro- 15 priated, $1,444,000,000, to remain available until ex- 16 pended, to carry out the Older Americans Act of 1965. 17 (b) ALLOCATION OF AMOUNTS.—Amounts made 18 available by subsection (a) shall be available as follows: 19 (1) $750,000,000 shall be available to carry out 20 part C of title III of such Act. 21 (2) $25,000,000 shall be available to carry out 22 title VI of such Act, including part C of such title. 23 (3) $470,000,000 shall be available to carry out 24 part B of title III of such Act, including for— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 68 •HR 1319 RH (A) supportive services of the types made 1 available for fiscal year 2020; 2 (B) efforts related to COVID–19 vaccina- 3 tion outreach, including education, communica- 4 tion, transportation, and other activities to fa- 5 cilitate vaccination of older individuals; and 6 (C) prevention and mitigation activities re- 7 lated to COVID–19 focused on addressing ex- 8 tended social isolation among older individuals, 9 including activities for investments in techno- 10 logical equipment and solutions or other strate- 11 gies aimed at alleviating negative health effects 12 of social isolation due to long-term stay-at-home 13 recommendations for older individuals for the 14 duration of the COVID–19 public health emer- 15 gency; 16 (4) $44,000,000 shall be available to carry out 17 part D of title III of such Act. 18 (5) $145,000,000 shall be available to carry out 19 part E of title III of such Act. 20 (6) $10,000,000 shall be available to carry out 21 the long-term care ombudsman program under title 22 VII of such Act. 23 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 69 •HR 1319 RH SEC. 2203. CHILD CARE AND DEVELOPMENT BLOCK GRANT 1 PROGRAM. 2 (a) CHILD CARE AND DEVELOPMENT BLOCK GRANT 3 FUNDING.—In addition to amounts otherwise available, 4 there is appropriated for fiscal year 2021, out of any 5 amounts in the Treasury not otherwise appropriated, 6 $14,990,000,000, to remain available through September 7 30, 2021, to carry out the Child Care and Development 8 Block Grant of 1990 (42 U.S.C. 9857 et seq.) without 9 regard to requirements in sections 658E(c)(3)(D)–(E) or 10 658G of such Act (42 U.S.C. 9858c(c)(3), 9858e). Pay- 11 ments made to States, territories, Indian Tribes, and Trib- 12 al organizations from funds made available under this sub- 13 section shall be obligated in fiscal year 2021 or the suc- 14 ceeding 2 fiscal years. States, territories, Indian Tribes, 15 and Tribal organizations are authorized to use such funds 16 to provide child care assistance to health care sector em- 17 ployees, emergency responders, sanitation workers, and 18 other workers deemed essential during the response to 19 coronavirus by public officials, without regard to the in- 20 come eligibility requirements of section 658P(4) of the 21 Child Care and Development Block Grant Act (42 U.S.C. 22 9858n(4)). 23 (b) CHILD CARE STABILIZATION FUNDING.—In ad- 24 dition to amounts otherwise available, there is appro- 25 priated for fiscal year 2021, out of any amounts in the 26 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 70 •HR 1319 RH Treasury not otherwise appropriated, $23,975,000,000, to 1 remain available through September 30, 2021, for grants 2 under section 2204(b) of this subtitle and in accordance 3 with the Child Care and Development Block Grant Act 4 of 1990 (42 U.S.C. 9857 et seq.), except for the require- 5 ments in subparagraphs (C) through (E) of section 6 658E(c)(3), and section 658G, of such Act (42 U.S.C. 7 9858c(c)(3), 9858e). 8 (c) ADMINISTRATIVE COSTS.—In addition to 9 amounts otherwise available, there is appropriated for fis- 10 cal year 2021, out of any amounts in the Treasury not 11 otherwise appropriated, $35,000,000, to remain available 12 through September 30, 2025, for the costs of providing 13 technical assistance and conducting research and for the 14 administrative costs to carry out this section and section 15 2204 of this subtitle. 16 SEC. 2204. CHILD CARE STABILIZATION. 17 (a) DEFINITIONS.—In this section: 18 (1) CHILD CARE AND DEVELOPMENT BLOCK 19 GRANT TERMS.—The terms ‘‘lead agency’’, ‘‘Sec- 20 retary’’, and ‘‘State’’ have the meanings given those 21 terms, and the terms ‘‘Indian Tribe’’ and ‘‘Tribal 22 organization’’ have the meanings given the terms 23 ‘‘Indian tribe’’ and ‘‘tribal organization’’, in section 24 658P of the Child Care and Development Block 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 71 •HR 1319 RH Grant Act of 1990 (42 U.S.C. 9858n) except as oth- 1 erwise provided in this section. 2 (2) COVID–19 PUBLIC HEALTH EMERGENCY.— 3 The term ‘‘COVID–19 public health emergency’’ 4 means the public health emergency declared by the 5 Secretary of Health and Human Services under sec- 6 tion 319 of the Public Health Service Act (42 7 U.S.C. 247d) on January 31, 2020, with respect to 8 COVID–19, including any renewal of the declara- 9 tion. 10 (3) ELIGIBLE CHILD CARE PROVIDER.—The 11 term ‘‘eligible child care provider’’ means an eligible 12 child care provider as defined in section 658P of the 13 Child Care and Development Block Grant Act of 14 1990 (42 U.S.C. 9858n) or a child care provider 15 that is licensed, regulated, or registered in the State, 16 territory, or Indian Tribe on the date of enactment 17 of this Act and meets applicable State and local 18 health and safety requirements. 19 (b) GRANTS.—From the amounts appropriated to 20 carry out this section and under the authority of section 21 658O of the Child Care and Development Block Grant Act 22 of 1990 (42 U.S.C. 9858m) and this section, the Secretary 23 shall award to the lead agency of each State (as des- 24 ignated or established under section 658D(a) of such Act 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 72 •HR 1319 RH (42 U.S.C. 9858b(a)), territory and possession described 1 in subsection 658O(a)(1) of such Act, and Indian Tribe 2 and Tribal organization described in section 658O(a)(2) 3 of such Act that has submitted to the Secretary a letter 4 of intent to use funds awarded pursuant to this sub- 5 section, child care stabilization grants from allotments and 6 payments determined in accordance with paragraphs (1) 7 and (2) of subsection (a), and subsection (b), of section 8 658O of the Child Care and Development Block Grant Act 9 of 1990 (42 U.S.C. 9858m). Such grants shall be used 10 in accordance with the Child Care and Development Block 11 Grant Act of 1990 (42 U.S.C. 9857 et seq.), except for 12 the requirements in subparagraphs (C) through (E) of sec- 13 tion 658E(c)(3), and in section 658G, of such Act (42 14 U.S.C. 9858c(c)(3), 9858e). 15 (c) STATE RESERVATIONS AND SUBGRANTS.— 16 (1) RESERVATION.—A lead agency for a State 17 that receives a child care stabilization grant pursu- 18 ant to subsection (b) shall reserve not more than 10 19 percent of such grant funds to administer subgrants, 20 provide technical assistance and support for applying 21 for and accessing the subgrant opportunity, publicize 22 the availability of the subgrants, and provide tech- 23 nical assistance to help child care providers imple- 24 ment policies as described in paragraph (2)(D)(i). 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 73 •HR 1319 RH (2) SUBGRANTS TO QUALIFIED CHILD CARE 1 PROVIDERS.— 2 (A) IN GENERAL.—The lead agency shall 3 use the remainder of the grant funds awarded 4 pursuant to subsection (b) to make subgrants 5 to qualified child care providers described in 6 subparagraph (B), regardless of such a pro- 7 vider’s previous receipt of other Federal assist- 8 ance, to support the stability of the child care 9 sector during and after the COVID–19 public 10 health emergency. 11 (B) QUALIFIED CHILD CARE PROVIDER.— 12 To be qualified to receive a subgrant under this 13 paragraph, a provider shall be an eligible child 14 care provider that on the date of submission of 15 an application for the subgrant, was either— 16 (i) open and available to provide child 17 care services; or 18 (ii) closed due to public health, finan- 19 cial hardship, or other reasons relating to 20 the COVID–19 public health emergency. 21 (C) SUBGRANT AMOUNT.—The amount of 22 such a subgrant to a qualified child care pro- 23 vider shall be based on the provider’s stated 24 current operating expenses, including costs as- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 74 •HR 1319 RH sociated with providing or preparing to provide 1 child care services during the COVID–19 public 2 health emergency, and to the extent practicable, 3 cover such operating expenses for the intended 4 period of the subgrant. 5 (D) APPLICATION.—The lead agency 6 shall— 7 (i) make available on the lead agen- 8 cy’s website an application for qualified 9 child care providers that includes certifi- 10 cations that, for the duration of the 11 subgrant— 12 (I) the provider applying will, 13 when open and available to provide 14 child care services, implement policies 15 in line with guidance from the cor- 16 responding State, Tribal, and local 17 authorities, and in accordance with 18 State, Tribal, and local orders, and, to 19 the greatest extent possible, imple- 20 ment policies in line with guidance 21 from the Centers for Disease Control 22 and Prevention; 23 (II) for each employee, the pro- 24 vider will pay not less than the full 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 75 •HR 1319 RH compensation, including any benefits, 1 that was provided to the employee as 2 of the date of submission of the appli- 3 cation for the subgrant (referred to in 4 this subclause as ‘‘full compensa- 5 tion’’), and will not take any action 6 that reduces the weekly amount of the 7 employee’s compensation below the 8 weekly amount of full compensation, 9 or that reduces the employee’s rate of 10 compensation below the rate of full 11 compensation, including the involun- 12 tary furloughing of any employee em- 13 ployed on the date of submission of 14 the application for the subgrant; and 15 (III) the provider will provide re- 16 lief from copayments and tuition pay- 17 ments for the families enrolled in the 18 provider’s program, to the extent pos- 19 sible, and prioritize such relief for 20 families struggling to make either 21 type of payment; and 22 (ii) accept and process applications 23 submitted under this subparagraph on a 24 rolling basis, and provide subgrant funds 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 76 •HR 1319 RH in advance of provider expenditures, except 1 as provided in subsection (d)(2). 2 (E) OBLIGATION.—The lead agency shall 3 notify the Secretary if it is unable to obligate 4 at least 50 percent of the funds received pursu- 5 ant to subsection (b) that are available for sub- 6 grants described in this paragraph within 9 7 months of the date of enactment of this Act. 8 (d) USES OF FUNDS.— 9 (1) IN GENERAL.—A qualified child care pro- 10 vider that receives funds through such a subgrant 11 shall use the funds for at least one of the following: 12 (A) Personnel costs, including payroll and 13 salaries or similar compensation for an em- 14 ployee (including any sole proprietor or inde- 15 pendent contractor), employee benefits, pre- 16 mium pay, or costs for employee recruitment 17 and retention. 18 (B) Rent (including rent under a lease 19 agreement) or payment on any mortgage obliga- 20 tion, utilities, facility maintenance or improve- 21 ments, or insurance. 22 (C) Personal protective equipment, clean- 23 ing and sanitization supplies and services, or 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 77 •HR 1319 RH training and professional development related to 1 health and safety practices. 2 (D) Purchases of or updates to equipment 3 and supplies to respond to the COVID–19 pub- 4 lic health emergency. 5 (E) Goods and services necessary to main- 6 tain or resume child care services. 7 (F) Mental health supports for children 8 and employees. 9 (2) REIMBURSEMENT.—The qualified child care 10 provider may use the subgrant funds to reimburse 11 the provider for sums obligated or expended before 12 the date of enactment of this Act for the cost of a 13 good or service described in paragraph (1) to re- 14 spond to the COVID–19 public health emergency. 15 (e) SUPPLEMENT NOT SUPPLANT.—Amounts made 16 available to carry out this section shall be used to supple- 17 ment and not supplant other Federal, State, and local 18 public funds expended to provide child care services for 19 eligible individuals, including funds provided under the 20 Child Care and Development Block Grant Act of 1990 (42 21 U.S.C. 9857 et seq.) and State child care programs. 22 SEC. 2205. HEAD START. 23 In addition to amounts otherwise available, there is 24 appropriated for fiscal year 2021, out of any amounts in 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 78 •HR 1319 RH the Treasury not otherwise appropriated, $1,000,000,000, 1 to remain available through September 30, 2022, to carry 2 out the Head Start Act (42 U.S.C. 9831 et seq.), includ- 3 ing for Federal administrative expenses, to be allocated 4 to each Head Start agency in an amount that bears the 5 same ratio to the portion available for allocations as the 6 number of enrolled children served by the Head Start 7 agency bears to the number of enrolled children served by 8 all Head Start agencies, except that funds appropriated 9 in this section— 10 (1) shall not be included in the calculation of 11 the ‘‘base grant’’ in subsequent fiscal years, as such 12 term is defined in section 640(a)(7)(A), 13 641A(h)(1)(B), or 645(d)(3) of the Head Start Act 14 (42 U.S.C. 9835(a)(7)(A), 9836a(h)(1)(B), 15 9840(d)(3)); and 16 (2) shall not be subject to the allocation re- 17 quirements of section 640(a) of such Act (42 U.S.C. 18 9835(a)). 19 SEC. 2206. PROGRAMS FOR SURVIVORS. 20 (a) IN GENERAL.—Section 303 of the Family Vio- 21 lence Prevention and Services Act (42 U.S.C. 10403) is 22 amended by adding at the end the following: 23 ‘‘(d) ADDITIONAL FUNDING.—For the purposes of 24 carrying out this title, in addition to amounts otherwise 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 79 •HR 1319 RH made available for such purposes, there are appropriated, 1 out of any amounts in the Treasury not otherwise appro- 2 priated, for fiscal year 2021, to remain available until ex- 3 pended, each of the following: 4 ‘‘(1) $180,000,000 to carry out sections 301 5 through 312, to be allocated in the manner described 6 in subsection (a)(2), except that a reference in sub- 7 section (a)(2) to an amount appropriated under sub- 8 section (a)(1) shall be considered to be a reference 9 to an amount appropriated under this paragraph, 10 and that the matching requirement under section 11 306(c)(4) shall not apply. 12 ‘‘(2) $18,000,000 to carry out section 309. 13 ‘‘(3) $2,000,000 to carry out section 313, of 14 which $1,000,000 for each fiscal year shall be allo- 15 cated to support Indian communities.’’. 16 (b) COVID–19 PUBLIC HEALTH EMERGENCY DE- 17 FINED.—In this section, the term ‘‘COVID–19 public 18 health emergency’’ means the public health emergency de- 19 clared by the Secretary of Health and Human Services 20 under section 319 of the Public Health Service Act (42 21 U.S.C. 247d) on January 31, 2020, with respect to 22 COVID–19, including any renewal of the declaration. 23 (c) GRANTS TO SUPPORT CULTURALLY SPECIFIC 24 POPULATIONS.— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 80 •HR 1319 RH (1) IN GENERAL.—In addition to amounts oth- 1 erwise made available, there is appropriated, out of 2 any amounts in the Treasury not otherwise appro- 3 priated, to the Secretary of Health and Human 4 Services, $49,500,000 for fiscal year 2021, to be 5 available until expended, to carry out this subsection 6 (excluding Federal administrative costs, for which 7 funds are appropriated under subsection (e)). 8 (2) USE OF FUNDS.—From amounts appro- 9 priated under paragraph (1), the Secretary acting 10 through the Director of the Family Violence Preven- 11 tion and Services Program, shall— 12 (A) support culturally specific community- 13 based organizations to provide culturally spe- 14 cific activities for survivors of sexual assault 15 and domestic violence, to address emergent 16 needs resulting from the COVID–19 public 17 health emergency and other public health con- 18 cerns; and 19 (B) support culturally specific community- 20 based organizations that provide culturally spe- 21 cific activities to promote strategic partnership 22 development and collaboration in responding to 23 the impact of COVID–19 and other public 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 81 •HR 1319 RH health concerns on survivors of sexual assault 1 and domestic violence. 2 (d) GRANTS TO SUPPORT SURVIVORS OF SEXUAL AS- 3 SAULT.— 4 (1) IN GENERAL.—In addition to amounts oth- 5 erwise made available, there is appropriated, out of 6 any amounts in the Treasury not otherwise appro- 7 priated, to the Secretary of Health and Human 8 Services, $198,000,000 for fiscal year 2021, to be 9 available until expended, to carry out this subsection 10 (excluding Federal administrative costs, for which 11 funds are appropriated under subsection (e)). 12 (2) USE OF FUNDS.—From amounts appro- 13 priated under paragraph (1), the Secretary acting 14 through the Director of the Family Violence Preven- 15 tion and Services Program, shall assist rape crisis 16 centers in transitioning to virtual services and meet- 17 ing the emergency needs of survivors. 18 (e) ADMINISTRATIVE COSTS.—In addition to 19 amounts otherwise made available, there is appropriated 20 to the Secretary of Health and Human Services, out of 21 any amounts in the Treasury not otherwise appropriated, 22 $2,500,000 for fiscal year 2021, to remain available until 23 expended, for the Federal administrative costs of carrying 24 out subsections (c) and (d). 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 82 •HR 1319 RH SEC. 2207. CHILD ABUSE PREVENTION AND TREATMENT. 1 In addition to amounts otherwise available, there is 2 appropriated to the Secretary of Health and Human Serv- 3 ices for fiscal year 2021, out of any money in the Treasury 4 not otherwise appropriated, the following amounts, to re- 5 main available through September 30, 2023: 6 (1) $250,000,000 for carrying out title II of the 7 Child Abuse Prevention and Treatment Act (42 8 U.S.C. 5116 et seq.), which shall be allocated with- 9 out regard to section 204(4) of such Act (42 U.S.C. 10 5116d(4)) and shall be allotted to States in accord- 11 ance with section 203 of such Act (42 U.S.C. 12 5116b), except that— 13 (A) in subsection (b)(1)(A) of such section 14 203, ‘‘70 percent’’ shall be deemed to be ‘‘100 15 percent’’; and 16 (B) subsections (b)(1)(B) and (c) of such 17 section 203 shall not apply; and 18 (2) $100,000,000 for carrying out the State 19 grant program authorized under section 106 of the 20 Child Abuse Prevention and Treatment Act (42 21 U.S.C. 5106a), which shall be allocated without re- 22 gard to section 112(a)(2) of such Act (42 U.S.C. 23 5106h(a)(2)). 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 83 •HR 1319 RH SEC. 2208. LIHEAP. 1 In addition to amounts otherwise available, there is 2 appropriated for fiscal year 2021, out of any amounts in 3 the Treasury not otherwise appropriated, $4,500,000,000, 4 to remain available through September 30, 2022, for addi- 5 tional funding to provide payments under section 2602(b) 6 of the Low-Income Home Energy Assistance Act of 1981 7 (42 U.S.C. 8621(b)), except that— 8 (1) $2,250,000,000 of such amounts shall be 9 allocated as though the total appropriation for such 10 payments for fiscal year 2021 was less than 11 $1,975,000,000; 12 (2) section 2607(b)(2)(B) of such Act (42 13 U.S.C. 8626(b)(2)(B)) shall not apply to funds ap- 14 propriated under this section for fiscal year 2021; 15 and 16 (3) with respect to amounts appropriated under 17 this section for fiscal year 2021, notwithstanding 18 section 2604(d) of such Act (42 U.S.C. 8623(d)), 19 the Secretary shall reserve under such section 20 2604(d) amounts for Indian tribes that bear the 21 same ratio, for each Indian tribe, that the amount 22 reserved for the Indian tribe, from funds appro- 23 priated for such payments for fiscal year 2021 be- 24 fore the date of enactment of this section, bore to 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 84 •HR 1319 RH the amount allotted to the applicable State for such 1 payments from any such appropriated funds. 2 SEC. 2209. DEPARTMENT OF HEALTH AND HUMAN SERV- 3 ICES. 4 (a) IN GENERAL.—In addition to amounts otherwise 5 available, there is appropriated to the Department of 6 Health and Human Services for fiscal year 2021, out of 7 any money in the Treasury not otherwise appropriated, 8 $425,000,000, to remain available until expended for the 9 Secretary of Health and Human Services to allocate as 10 such Secretary determines necessary for cost increases 11 that result from the COVID–19 public health emergency 12 in programs administered under the Administration for 13 Children and Families that provide direct program serv- 14 ices to children. 15 (b) DEFINITION.—In this section, the term 16 ‘‘COVID–19 public health emergency’’ means the public 17 health emergency declared by the Secretary of Health and 18 Human Services under section 319 of the Public Health 19 Service Act (42 U.S.C. 247d) on January 31, 2020, with 20 respect to COVID–19, including any renewal of the dec- 21 laration. 22 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 85 •HR 1319 RH SEC. 2210. CORPORATION FOR NATIONAL AND COMMUNITY 1 SERVICE AND THE NATIONAL SERVICE 2 TRUST. 3 (a) CORPORATION FOR NATIONAL AND COMMUNITY 4 SERVICE.—In addition to amounts otherwise made avail- 5 able, there is appropriated for fiscal year 2021, out of any 6 money in the Treasury not otherwise appropriated, 7 $852,000,000, to remain available through September 30, 8 2024, for necessary expenses under the Domestic Volun- 9 teer Service Act of 1973 (42 U.S.C. 4950 et seq.) and 10 the National and Community Service Act of 1990 (42 11 U.S.C. 12501 et seq.) notwithstanding sections 12 198B(b)(3), 198S(g), and subparagraphs (C) and (F) of 13 section 501(a)(4) of the National and Community Service 14 Act of 1990 (42 U.S.C. 12653b(b)(3), 12653s(g), 15 12681(a)(4)). 16 (b) ALLOCATION OF AMOUNTS.—Amounts provided 17 by subsection (a) shall be allocated as follows: 18 (1) AMERICORPS STATE AND NATIONAL.— 19 $620,000,000 shall be used— 20 (A) to increase the living allowances, of 21 participants in national service programs, de- 22 scribed in section 140 of the National and Com- 23 munity Service Act of 1990 (42 U.S.C. 12594); 24 and 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 86 •HR 1319 RH (B) to make funding adjustments to exist- 1 ing (as of the date of enactment of this Act) 2 awards and award new and additional awards 3 to organizations described in subsection (a) of 4 section 121 of the National and Community 5 Service Act of 1990 (42 U.S.C. 12571(a)), 6 whether or not the entities are already grant re- 7 cipients under that section on the date of enact- 8 ment of this Act, and without regard to the re- 9 quirements of subsections (d) and (e) of such 10 section 121, by— 11 (i) prioritizing entities serving com- 12 munities disproportionately impacted by 13 COVID–19 and utilizing culturally com- 14 petent and multilingual strategies in the 15 provision of services; and 16 (ii) taking into account the diversity 17 of communities and participants served by 18 such entities, including racial, ethnic, so- 19 cioeconomic, linguistic, or geographic diver- 20 sity. 21 (2) STATE COMMISSIONS.—$20,000,000 shall 22 be used to make adjustments to existing (as of the 23 date of enactment of this Act) awards and new and 24 additional awards, including awards to State Com- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 87 •HR 1319 RH missions on National and Community Service, under 1 section 126(a) of the National and Community Serv- 2 ice Act of 1990 (42 U.S.C. 12576(a)). 3 (3) VOLUNTEER GENERATION FUND.— 4 $20,000,000 shall be used for expenses authorized 5 under section 501(a)(4)(F) of the National and 6 Community Service Act of 1990 (42 U.S.C. 7 12681(a)(4)(F)), which, notwithstanding section 8 198P(d)(1)(B) of that Act (42 U.S.C. 9 12653p(d)(1)(B)), shall be for grants awarded by 10 the Corporation for National and Community Serv- 11 ice on a competitive basis. 12 (4) AMERICORPS VISTA.—$80,000,000 shall be 13 used for programs authorized under part A of title 14 I of the Domestic Volunteer Service Act of 1973 (42 15 U.S.C. 4951 et seq.), including to increase the living 16 allowances of volunteers, described in section 105(b) 17 of the Domestic Volunteer Service Act of 1973 (42 18 U.S.C. 4955(b)). 19 (5) NATIONAL SENIOR SERVICE CORPS.— 20 $30,000,000 shall be used for programs authorized 21 under title II of the Domestic Volunteer Service Act 22 of 1973 (42 U.S.C. 5000 et seq.). 23 (6) ADMINISTRATIVE COSTS.—$73,000,000 24 shall, notwithstanding section 501(a)(5)(B) of the 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 88 •HR 1319 RH National and Community Service Act of 1990 (42 1 U.S.C. 12681(a)(5)(B)) and section 504(a) of the 2 Domestic Volunteer Service Act of 1973 (42 U.S.C. 3 5084(a)), be used for necessary expenses of adminis- 4 tration as provided under section 501(a)(5) of the 5 National and Community Service Act of 1990 (42 6 U.S.C. 12681(a)(5)), including administrative costs 7 of the Corporation for National and Community 8 Service associated with the provision of funds under 9 paragraphs (1) through (5). 10 (7) OFFICE OF INSPECTOR GENERAL.— 11 $9,000,000 shall be used for the Office of Inspector 12 General of the Corporation for National and Com- 13 munity Service for salaries and expenses necessary 14 for oversight and audit of programs and activities 15 funded by subsection (a). 16 (c) NATIONAL SERVICE TRUST.—In addition to 17 amounts otherwise made available, there is appropriated 18 for fiscal year 2021, out of any money in the Treasury 19 not otherwise appropriated, $148,000,000, to remain 20 available until expended, for payment to and administra- 21 tion of the National Service Trust established in section 22 145 of the National and Community Service Act of 1990 23 (42 U.S.C. 12601). 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 89 •HR 1319 RH Subtitle D—Child Nutrition & 1 Related Programs 2 SEC. 2301. IMPROVEMENTS TO WIC BENEFITS. 3 (a) DEFINITIONS.—In this section: 4 (1) APPLICABLE PERIOD.—The term ‘‘applica- 5 ble period’’ means a period— 6 (A) beginning after the date of enactment 7 of this Act, as selected by a State agency; and 8 (B) ending not later than the earlier of— 9 (i) 4 months after the date described 10 in subparagraph (A); or 11 (ii) September 30, 2021. 12 (2) CASH-VALUE VOUCHER.—The term ‘‘cash- 13 value voucher’’ has the meaning given the term in 14 section 246.2 of title 7, Code of Federal Regulations 15 (as in effect on the date of the enactment of this 16 Act). 17 (3) PROGRAM.—The term ‘‘program’’ means 18 the special supplemental nutrition program for 19 women, infants, and children established by section 20 17 of the Child Nutrition Act of 1966 (42 U.S.C. 21 1786). 22 (4) QUALIFIED FOOD PACKAGE.—The term 23 ‘‘qualified food package’’ means each of the fol- 24 lowing food packages (as defined in section 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 90 •HR 1319 RH 246.10(e) of title 7, Code of Federal Regulations (as 1 in effect on the date of the enactment of this Act)): 2 (A) Food Package IV–Children 1 through 3 4 years. 4 (B) Food Package V–Pregnant and par- 5 tially (mostly) breastfeeding women. 6 (C) Food Package VI–Postpartum women. 7 (D) Food Package VII–Fully 8 breastfeeding. 9 (5) SECRETARY.—The term ‘‘Secretary’’ means 10 the Secretary of Agriculture. 11 (6) STATE AGENCY.—The term ‘‘State agency’’ 12 has the meaning given the term in section 17(b) of 13 the Child Nutrition Act of 1966 (42 U.S.C. 14 1786(b)). 15 (b) AUTHORITY TO INCREASE AMOUNT OF CASH- 16 VALUE VOUCHER.—During the public health emergency 17 declared by the Secretary of Health and Human Services 18 under section 319 of the Public Health Service Act (42 19 U.S.C. 247d) on January 31, 2020, with respect to the 20 Coronavirus Disease 2019 (COVID–19), and in response 21 to challenges relating to that public health emergency, the 22 Secretary may, in carrying out the program, increase the 23 amount of a cash-value voucher under a qualified food 24 package to an amount that is less than or equal to $35. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 91 •HR 1319 RH (c) APPLICATION OF INCREASED AMOUNT OF CASH- 1 VALUE VOUCHER TO STATE AGENCIES.— 2 (1) NOTIFICATION.—An increase to the amount 3 of a cash-value voucher under subsection (b) shall 4 apply to any State agency that notifies the Secretary 5 of— 6 (A) the intent to use that increased 7 amount, without further application; and 8 (B) the applicable period selected by the 9 State agency during which that increased 10 amount shall apply. 11 (2) USE OF INCREASED AMOUNT.—A State 12 agency that makes a notification to the Secretary 13 under paragraph (1) shall use the increased amount 14 described in that paragraph— 15 (A) during the applicable period described 16 in that notification; and 17 (B) only during a single applicable period. 18 (d) SUNSET.—The authority of the Secretary under 19 subsection (b), and the authority of a State agency to in- 20 crease the amount of a cash-value voucher under sub- 21 section (c), shall terminate on September 30, 2021. 22 (e) FUNDING.—In addition to amounts otherwise 23 made available, there is appropriated to the Secretary, out 24 of funds in the Treasury not otherwise appropriated, 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 92 •HR 1319 RH $490,000,000 to carry out this section, to remain available 1 until September 30, 2022. 2 SEC. 2302. WIC PROGRAM MODERNIZATION. 3 In addition to amounts otherwise available, there are 4 appropriated to the Secretary of Agriculture, out of 5 amounts in the Treasury not otherwise appropriated, 6 $390,000,000 for fiscal year 2021, to remain available 7 until September 30, 2024, to carry out outreach, innova- 8 tion, and program modernization efforts, including appro- 9 priate waivers and flexibility, to increase participation in 10 and redemption of benefits under programs established 11 under section 17 of the Child Nutrition Act of 1966 (7 12 U.S.C. 1431), except that such waivers may not relate to 13 the content of the WIC Food Packages (as defined in sec- 14 tion 246.10(e) of title 7, Code of Federal Regulations (as 15 in effect on the date of enactment of this Act)), or the 16 nondiscrimination requirements under section 246.8 of 17 title 7, Code of Federal Regulations (as in effect on the 18 date of enactment of this Act). 19 SEC. 2303. MEALS AND SUPPLEMENTS REIMBURSEMENTS 20 FOR INDIVIDUALS WHO HAVE NOT ATTAINED 21 THE AGE OF 25. 22 (a) PROGRAM FOR AT-RISK SCHOOL CHILDREN.— 23 Beginning on the date of enactment of this section, not- 24 withstanding paragraph (1)(A) of section 17(r) of the 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 93 •HR 1319 RH Richard B. Russell National School Lunch Act (42 U.S.C. 1 1766(r)), during the COVID–19 public health emergency 2 declared under section 319 of the Public Health Service 3 Act (42 U.S.C. 247d), the Secretary shall reimburse insti- 4 tutions that are emergency shelters under such section 5 17(r) (42 U.S.C. 1766(r)) for meals and supplements 6 served to individuals who, at the time of such service— 7 (1) have not attained the age of 25; and 8 (2) are receiving assistance, including non-resi- 9 dential assistance, from such emergency shelter. 10 (b) PARTICIPATION BY EMERGENCY SHELTERS.— 11 Beginning on the date of enactment of this section, not- 12 withstanding paragraph (5)(A) of section 17(t) of the 13 Richard B. Russell National School Lunch Act (42 U.S.C. 14 1766(t)), during the COVID–19 public health emergency 15 declared under section 319 of the Public Health Service 16 Act (42 U.S.C. 247d), the Secretary shall reimburse emer- 17 gency shelters under such section 17(t) (42 U.S.C. 18 1766(t)) for meals and supplements served to individuals 19 who, at the time of such service have not attained the age 20 of 25. 21 (c) DEFINITIONS.—In this section: 22 (1) EMERGENCY SHELTER.—The term ‘‘emer- 23 gency shelter’’ has the meaning given the term 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 94 •HR 1319 RH under section 17(t)(1) of the Richard B. Russell Na- 1 tional School Lunch Act (42 U.S.C. 1766(t)(1)). 2 (2) SECRETARY.—The term ‘‘Secretary’’ means 3 the Secretary of Agriculture. 4 SEC. 2304. PANDEMIC EBT PROGRAM. 5 Section 1101 of the Families First Coronavirus Re- 6 sponse Act (7 U.S.C. 2011 note; Public Law 116–127) 7 is amended— 8 (1) in subsection (a)— 9 (A) by striking ‘‘During fiscal years 2020 10 and 2021’’ and inserting ‘‘In any school year in 11 which there is a public health emergency des- 12 ignation’’; and 13 (B) by inserting ‘‘or in a covered summer 14 period following a school session’’ after ‘‘in ses- 15 sion’’; 16 (2) by amending subsection (e) to read as fol- 17 lows: 18 ‘‘(e) RELEASE OF INFORMATION.—Notwithstanding 19 any provision of the Richard B. Russell National School 20 Lunch Act (42 U.S.C. 1751 et seq.), the Secretary of Ag- 21 riculture may authorize State educational agencies and 22 school food authorities administering a school lunch pro- 23 gram under such Act to release to appropriate officials 24 administering the supplemental nutrition assistance pro- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 95 •HR 1319 RH gram such information as may be necessary to carry out 1 this section, including to carry out assistance during a cov- 2 ered summer period pursuant to subsection (i).’’; 3 (3) in subsection (f)(2), in the paragraph head- 4 ing, by striking ‘‘FOR SCHOOL YEAR 2020–2021’’; 5 (4) in subsection (g), by striking ‘‘During fiscal 6 year 2020, the’’ and inserting ‘‘The’’; 7 (5) in subsection (h)(1)— 8 (A) by inserting ‘‘either’’ after ‘‘at least 1 9 child enrolled in such a covered child care facil- 10 ity and’’; and 11 (B) by inserting ‘‘or a Department of Agri- 12 culture grant-funded nutrition assistance pro- 13 gram in the Commonwealth of the Northern 14 Mariana Islands, Puerto Rico, or American 15 Samoa’’ before ‘‘shall be eligible to receive as- 16 sistance’’; 17 (6) by redesignating subsections (i) and (j) as 18 subsections (j) and (k), respectively; 19 (7) by inserting after subsection (h) the fol- 20 lowing: 21 ‘‘(i) EMERGENCIES DURING SUMMER.—The Sec- 22 retary of Agriculture may permit a State agency to extend 23 a State agency plan approved under subsection (b) for not 24 more than 90 days for the purpose of operating the plan 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 96 •HR 1319 RH during a covered summer period, during which time 1 schools participating in the school lunch program under 2 the Richard B. Russell National School Lunch Act (42 3 U.S.C. 1751 et seq.) or the school breakfast program 4 under section 4 of the Child Nutrition Act of 1966 (42 5 U.S.C. 1773 ) and covered child care facilities shall be 6 deemed closed for purposes of this section.’’; 7 (8) in subsection (j) (as so redesignated)— 8 (A) by redesignating paragraphs (2) 9 through (6) as paragraphs (3) through (7), re- 10 spectively; 11 (B) by inserting after paragraph (1) the 12 following: 13 ‘‘(2) COVERED SUMMER PERIOD.—The term 14 ‘covered summer period’ means a summer period 15 that follows a school year during which there was a 16 public health emergency designation.’’; and 17 (C) in paragraph (5) (as so redesignated), 18 by striking ‘‘or another coronavirus with pan- 19 demic potential’’; and 20 (9) in subsection (k) (as so redesignated), by 21 inserting ‘‘Federal agencies,’’ before ‘‘State agen- 22 cies’’. 23 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 97 •HR 1319 RH Subtitle E—COBRA Continuation 1 Coverage 2 SEC. 2401. PRESERVING HEALTH BENEFITS FOR WORKERS. 3 (a) PREMIUM ASSISTANCE FOR COBRA CONTINU- 4 ATION COVERAGE FOR INDIVIDUALS AND THEIR FAMI- 5 LIES.— 6 (1) PROVISION OF PREMIUM ASSISTANCE.— 7 (A) REDUCTION OF PREMIUMS PAY- 8 ABLE.—In the case of any premium for a pe- 9 riod of coverage during the period beginning on 10 the first day of the first month beginning after 11 the date of the enactment of this Act, and end- 12 ing on September 30, 2021, for COBRA con- 13 tinuation coverage with respect to any assist- 14 ance eligible individual described in paragraph 15 (3), such individual shall be treated for pur- 16 poses of any COBRA continuation provision as 17 having paid the amount of such premium if 18 such individual pays (or any person other than 19 such individual’s employer pays on behalf of 20 such individual) 15 percent of the amount of 21 such premium. 22 (B) PLAN ENROLLMENT OPTION.— 23 (i) IN GENERAL.—Notwithstanding 24 the COBRA continuation provisions, any 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 98 •HR 1319 RH assistance eligible individual who is en- 1 rolled in a group health plan offered by a 2 plan sponsor may, not later than 90 days 3 after the date of notice of the plan enroll- 4 ment option described in this subpara- 5 graph, elect to enroll in coverage under a 6 plan offered by such plan sponsor that is 7 different than coverage under the plan in 8 which such individual was enrolled at the 9 time, in the case of any assistance eligible 10 individual described in paragraph (3), the 11 qualifying event specified in section 603(2) 12 of the Employee Retirement Income Secu- 13 rity Act of 1974, section 4980B(f)(3)(B) 14 of the Internal Revenue Code of 1986, or 15 section 2203(2) of the Public Health Serv- 16 ice Act, except for the voluntary termi- 17 nation of such individual’s employment by 18 such individual, occurred, and such cov- 19 erage shall be treated as COBRA continu- 20 ation coverage for purposes of the applica- 21 ble COBRA continuation coverage provi- 22 sion. 23 (ii) REQUIREMENTS.—Any assistance 24 eligible individual may elect to enroll in 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 99 •HR 1319 RH different coverage as described in clause (i) 1 only if— 2 (I) the employer involved has 3 made a determination that such em- 4 ployer will permit such assistance eli- 5 gible individual to enroll in different 6 coverage as provided under this sub- 7 paragraph; 8 (II) the premium for such dif- 9 ferent coverage does not exceed the 10 premium for coverage in which such 11 individual was enrolled at the time 12 such qualifying event occurred; 13 (III) the different coverage in 14 which the individual elects to enroll is 15 coverage that is also offered to simi- 16 larly situated active employees of the 17 employer at the time at which such 18 election is made; and 19 (IV) the different coverage in 20 which the individual elects to enroll is 21 not— 22 (aa) coverage that provides 23 only excepted benefits as defined 24 in section 9832(c) of the Internal 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 100 •HR 1319 RH Revenue Code of 1986, section 1 733(c) of the Employee Retire- 2 ment Income Security Act of 3 1974, and section 2791(c) of the 4 Public Health Service Act; 5 (bb) a qualified small em- 6 ployer health reimbursement ar- 7 rangement (as defined in section 8 9831(d)(2) of the Internal Rev- 9 enue Code of 1986); or 10 (cc) a flexible spending ar- 11 rangement (as defined in section 12 106(c)(2) of the Internal Rev- 13 enue Code of 1986). 14 (2) LIMITATION OF PERIOD OF PREMIUM AS- 15 SISTANCE.— 16 (A) ELIGIBILITY FOR ADDITIONAL COV- 17 ERAGE.—Paragraph (1)(A) shall not apply with 18 respect to any assistance eligible individual de- 19 scribed in paragraph (3) for months of coverage 20 beginning on or after the earlier of— 21 (i) the first date that such individual 22 is eligible for coverage under any other 23 group health plan (other than coverage 24 consisting of only excepted benefits (as de- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 101 •HR 1319 RH fined in section 9832(c) of the Internal 1 Revenue Code of 1986, section 733(c) of 2 the Employee Retirement Income Security 3 Act of 1974, and section 2791(c) of the 4 Public Health Service Act), coverage under 5 a flexible spending arrangement (as de- 6 fined in section 106(c)(2) of the Internal 7 Revenue Code of 1986), coverage under a 8 qualified small employer health reimburse- 9 ment arrangement (as defined in section 10 9831(d)(2) of the Internal Revenue Code 11 of 1986)), or eligible for benefits under the 12 Medicare program under title XVIII of the 13 Social Security Act; or 14 (ii) the earlier of— 15 (I) the date following the expira- 16 tion of the maximum period of con- 17 tinuation coverage required under the 18 applicable COBRA continuation cov- 19 erage provision; or 20 (II) the date following the expira- 21 tion of the period of continuation cov- 22 erage allowed under paragraph 23 (4)(B)(ii). 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 102 •HR 1319 RH (B) NOTIFICATION REQUIREMENT.—Any 1 assistance eligible individual shall notify the 2 group health plan with respect to which para- 3 graph (1)(A) applies if such paragraph ceases 4 to apply by reason of clause (i) of subparagraph 5 (A). Such notice shall be provided to the group 6 health plan in such time and manner as may be 7 specified by the Secretary of Labor. 8 (3) ASSISTANCE ELIGIBLE INDIVIDUAL.—For 9 purposes of this section, the term ‘‘assistance eligible 10 individual’’ means, with respect to a period of cov- 11 erage during the period beginning on the first day 12 of the first month beginning after the date of the en- 13 actment of this Act, and ending on September 30, 14 2021, any individual that is a qualified beneficiary 15 who— 16 (A) is eligible for COBRA continuation 17 coverage by reason of a qualifying event speci- 18 fied in section 603(2) of the Employee Retire- 19 ment Income Security Act of 1974, section 20 4980B(f)(3)(B) of the Internal Revenue Code 21 of 1986, or section 2203(2) of the Public 22 Health Service Act, except for the voluntary 23 termination of such individual’s employment by 24 such individual; and 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 103 •HR 1319 RH (B) elects such coverage. 1 (4) EXTENSION OF ELECTION PERIOD AND EF- 2 FECT ON COVERAGE.— 3 (A) IN GENERAL.—For purposes of apply- 4 ing section 605(a) of the Employee Retirement 5 Income Security Act of 1974, section 6 4980B(f)(5)(A) of the Internal Revenue Code 7 of 1986, and section 2205(a) of the Public 8 Health Service Act, in the case of— 9 (i) an individual who does not have an 10 election of COBRA continuation coverage 11 in effect on the first day of the first month 12 beginning after the date of the enactment 13 of this Act but who would be an assistance 14 eligible individual described in paragraph 15 (3) if such election were so in effect; or 16 (ii) an individual who elected COBRA 17 continuation coverage and discontinued 18 from such coverage before the first day of 19 the first month beginning after the date of 20 the enactment of this Act, 21 such individual may elect the COBRA continu- 22 ation coverage under the COBRA continuation 23 coverage provisions containing such provisions 24 during the period beginning on the first day of 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 104 •HR 1319 RH the first month beginning after the date of the 1 enactment of this Act and ending 60 days after 2 the date on which the notification required 3 under paragraph (6)(C) is provided to such in- 4 dividual. 5 (B) COMMENCEMENT OF COBRA CONTINU- 6 ATION COVERAGE.—Any COBRA continuation 7 coverage elected by a qualified beneficiary dur- 8 ing an extended election period under subpara- 9 graph (A)— 10 (i) shall commence (including for pur- 11 poses of applying the treatment of pre- 12 mium payments under paragraph (1)(A) 13 and any cost-sharing requirements for 14 items and services under a group health 15 plan) with the first period of coverage be- 16 ginning on or after the first day of the 17 first month beginning after the date of the 18 enactment of this Act, and 19 (ii) shall not extend beyond the period 20 of COBRA continuation coverage that 21 would have been required under the appli- 22 cable COBRA continuation coverage provi- 23 sion if the coverage had been elected as re- 24 quired under such provision. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 105 •HR 1319 RH (5) EXPEDITED REVIEW OF DENIALS OF PRE- 1 MIUM ASSISTANCE.—In any case in which an indi- 2 vidual requests treatment as an assistance eligible 3 individual described in paragraph (3) and is denied 4 such treatment by the group health plan, the Sec- 5 retary of Labor (or the Secretary of Health and 6 Human Services in connection with COBRA con- 7 tinuation coverage which is provided other than pur- 8 suant to part 6 of subtitle B of title I of the Em- 9 ployee Retirement Income Security Act of 1974), in 10 consultation with the Secretary of the Treasury, 11 shall provide for expedited review of such denial. An 12 individual shall be entitled to such review upon ap- 13 plication to such Secretary in such form and manner 14 as shall be provided by such Secretary, in consulta- 15 tion with the Secretary of the Treasury. Such Sec- 16 retary shall make a determination regarding such in- 17 dividual’s eligibility within 15 business days after re- 18 ceipt of such individual’s application for review 19 under this paragraph. Such Secretary’s determina- 20 tion upon review of the denial shall be de novo and 21 shall be the final determination of such Secretary. A 22 reviewing court shall grant deference to such Sec- 23 retary’s determination. The provisions of this para- 24 graph, paragraphs (1) through (4), and paragraphs 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 106 •HR 1319 RH (6) through (7) shall be treated as provisions of title 1 I of the Employee Retirement Income Security Act 2 of 1974 for purposes of part 5 of subtitle B of such 3 title. 4 (6) NOTICES TO INDIVIDUALS.— 5 (A) GENERAL NOTICE.— 6 (i) IN GENERAL.—In the case of no- 7 tices provided under section 606(a)(4) of 8 the Employee Retirement Income Security 9 Act of 1974 (29 U.S.C. 1166(4)), section 10 4980B(f)(6)(D) of the Internal Revenue 11 Code of 1986, or section 2206(4) of the 12 Public Health Service Act (42 U.S.C. 13 300bb–6(4)), with respect to individuals 14 who, during the period described in para- 15 graph (3), become entitled to elect COBRA 16 continuation coverage, the requirements of 17 such provisions shall not be treated as met 18 unless such notices include an additional 19 written notification to the recipient in clear 20 and understandable language of— 21 (I) the availability of premium 22 assistance with respect to such cov- 23 erage under this subsection; and 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 107 •HR 1319 RH (II) the option to enroll in dif- 1 ferent coverage if the employer per- 2 mits assistance eligible individuals de- 3 scribed in paragraph (3) to elect en- 4 rollment in different coverage (as de- 5 scribed in paragraph (1)(B)). 6 (ii) ALTERNATIVE NOTICE.—In the 7 case of COBRA continuation coverage to 8 which the notice provision under such sec- 9 tions does not apply, the Secretary of 10 Labor, in consultation with the Secretary 11 of the Treasury and the Secretary of 12 Health and Human Services, shall, in con- 13 sultation with administrators of the group 14 health plans (or other entities) that provide 15 or administer the COBRA continuation 16 coverage involved, provide rules requiring 17 the provision of such notice. 18 (iii) FORM.—The requirement of the 19 additional notification under this subpara- 20 graph may be met by amendment of exist- 21 ing notice forms or by inclusion of a sepa- 22 rate document with the notice otherwise 23 required. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 108 •HR 1319 RH (B) SPECIFIC REQUIREMENTS.—Each ad- 1 ditional notification under subparagraph (A) 2 shall include— 3 (i) the forms necessary for estab- 4 lishing eligibility for premium assistance 5 under this subsection; 6 (ii) the name, address, and telephone 7 number necessary to contact the plan ad- 8 ministrator and any other person main- 9 taining relevant information in connection 10 with such premium assistance; 11 (iii) a description of the extended elec- 12 tion period provided for in paragraph 13 (4)(A); 14 (iv) a description of the obligation of 15 the qualified beneficiary under paragraph 16 (2)(B) and the penalty provided under sec- 17 tion 6720C of the Internal Revenue Code 18 of 1986 for failure to carry out the obliga- 19 tion; 20 (v) a description, displayed in a 21 prominent manner, of the qualified bene- 22 ficiary’s right to a reduced premium and 23 any conditions on entitlement to the re- 24 duced premium; and 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 109 •HR 1319 RH (vi) a description of the option of the 1 qualified beneficiary to enroll in different 2 coverage if the employer permits such ben- 3 eficiary to elect to enroll in such different 4 coverage under paragraph (1)(B). 5 (C) NOTICE IN CONNECTION WITH EX- 6 TENDED ELECTION PERIODS.—In the case of 7 any assistance eligible individual described in 8 paragraph (3) (or any individual described in 9 paragraph (4)(A)) who became entitled to elect 10 COBRA continuation coverage before the first 11 day of the first month beginning after the date 12 of the enactment of this Act, the administrator 13 of the applicable group health plan (or other 14 entity) shall provide (within 60 days after such 15 first day of such first month) for the additional 16 notification required to be provided under sub- 17 paragraph (A) and failure to provide such no- 18 tice shall be treated as a failure to meet the no- 19 tice requirements under the applicable COBRA 20 continuation provision. 21 (D) MODEL NOTICES.—Not later than 30 22 days after the date of enactment of this Act, 23 with respect to any assistance eligible individual 24 described in paragraph (3), the Secretary of 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 110 •HR 1319 RH Labor, in consultation with the Secretary of the 1 Treasury and the Secretary of Health and 2 Human Services, shall prescribe models for the 3 additional notification required under this para- 4 graph. 5 (7) NOTICE OF EXPIRATION OF PERIOD OF 6 PREMIUM ASSISTANCE.— 7 (A) IN GENERAL.—With respect to any as- 8 sistance eligible individual, subject to subpara- 9 graph (B), the requirements of section 10 606(a)(4) of the Employee Retirement Income 11 Security Act of 1974 (29 U.S.C. 1166(4)), sec- 12 tion 4980B(f)(6)(D) of the Internal Revenue 13 Code of 1986, or section 2206(4) of the Public 14 Health Service Act (42 U.S.C. 300bb–6(4)), 15 shall not be treated as met unless the plan ad- 16 ministrator of the individual, during the period 17 specified under subparagraph (C), provides to 18 such individual a written notice in clear and un- 19 derstandable language— 20 (i) that the premium assistance for 21 such individual will expire soon and the 22 prominent identification of the date of 23 such expiration; and 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 111 •HR 1319 RH (ii) that such individual may be eligi- 1 ble for coverage without any premium as- 2 sistance through— 3 (I) COBRA continuation cov- 4 erage; or 5 (II) coverage under a group 6 health plan. 7 (B) EXCEPTION.—The requirement for the 8 group health plan administrator to provide the 9 written notice under subparagraph (A) shall be 10 waived if the premium assistance for such indi- 11 vidual expires pursuant to clause (i) of para- 12 graph (2)(A). 13 (C) PERIOD SPECIFIED.—For purposes of 14 subparagraph (A), the period specified in this 15 subparagraph is, with respect to the date of ex- 16 piration of premium assistance for any assist- 17 ance eligible individual pursuant to a limitation 18 requiring a notice under this paragraph, the pe- 19 riod beginning on the day that is 45 days before 20 the date of such expiration and ending on the 21 day that is 15 days before the date of such ex- 22 piration. 23 (D) MODEL NOTICES.—Not later than 45 24 days after the date of enactment of this Act, 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 112 •HR 1319 RH with respect to any assistance eligible indi- 1 vidual, the Secretary of Labor, in consultation 2 with the Secretary of the Treasury and the Sec- 3 retary of Health and Human Services, shall 4 prescribe models for the notification required 5 under this paragraph. 6 (8) REGULATIONS.—The Secretary of the 7 Treasury and the Secretary of Labor may jointly 8 prescribe such regulations or other guidance as may 9 be necessary or appropriate to carry out the provi- 10 sions of this subsection, including the prevention of 11 fraud and abuse under this subsection, except that 12 the Secretary of Labor and the Secretary of Health 13 and Human Services may prescribe such regulations 14 (including interim final regulations) or other guid- 15 ance as may be necessary or appropriate to carry 16 out the provisions of paragraphs (5), (6), (7), and 17 (9). 18 (9) OUTREACH.— 19 (A) IN GENERAL.—The Secretary of 20 Labor, in consultation with the Secretary of the 21 Treasury and the Secretary of Health and 22 Human Services, shall provide outreach con- 23 sisting of public education and enrollment as- 24 sistance relating to premium assistance pro- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 113 •HR 1319 RH vided under this subsection. Such outreach shall 1 target employers, group health plan administra- 2 tors, public assistance programs, States, insur- 3 ers, and other entities as determined appro- 4 priate by such Secretaries. Such outreach shall 5 include an initial focus on those individuals 6 electing continuation coverage who are referred 7 to in paragraph (6)(C). Information on such 8 premium assistance, including enrollment, shall 9 also be made available on websites of the De- 10 partments of Labor, Treasury, and Health and 11 Human Services. 12 (B) ENROLLMENT UNDER MEDICARE.— 13 The Secretary of Health and Human Services 14 shall provide outreach consisting of public edu- 15 cation. Such outreach shall target individuals 16 who lose health insurance coverage. Such out- 17 reach shall include information regarding en- 18 rollment for benefits under title XVIII of the 19 Social Security Act (42 U.S.C. 1395 et seq.) for 20 purposes of preventing mistaken delays of such 21 enrollment by such individuals, including life- 22 time penalties for failure of timely enrollment. 23 (10) DEFINITIONS.—For purposes of this sec- 24 tion: 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 114 •HR 1319 RH (A) ADMINISTRATOR.—The term ‘‘admin- 1 istrator’’ has the meaning given such term in 2 section 3(16)(A) of the Employee Retirement 3 Income Security Act of 1974. 4 (B) COBRA CONTINUATION COVERAGE.— 5 The term ‘‘COBRA continuation coverage’’ 6 means continuation coverage provided pursuant 7 to part 6 of subtitle B of title I of the Em- 8 ployee Retirement Income Security Act of 1974 9 (other than under section 609), title XXII of 10 the Public Health Service Act, or section 11 4980B of the Internal Revenue Code of 1986 12 (other than subsection (f)(1) of such section in- 13 sofar as it relates to pediatric vaccines), or 14 under a State program that provides com- 15 parable continuation coverage. Such term does 16 not include coverage under a health flexible 17 spending arrangement under a cafeteria plan 18 within the meaning of section 125 of the Inter- 19 nal Revenue Code of 1986. 20 (C) COBRA CONTINUATION PROVISION.— 21 The term ‘‘COBRA continuation provision’’ 22 means the provisions of law described in sub- 23 paragraph (B). 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 115 •HR 1319 RH (D) COVERED EMPLOYEE.—The term 1 ‘‘covered employee’’ has the meaning given such 2 term in section 607(2) of the Employee Retire- 3 ment Income Security Act of 1974. 4 (E) QUALIFIED BENEFICIARY.—The term 5 ‘‘qualified beneficiary’’ has the meaning given 6 such term in section 607(3) of the Employee 7 Retirement Income Security Act of 1974. 8 (F) GROUP HEALTH PLAN.—The term 9 ‘‘group health plan’’ has the meaning given 10 such term in section 607(1) of the Employee 11 Retirement Income Security Act of 1974. 12 (G) STATE.—The term ‘‘State’’ includes 13 the District of Columbia, the Commonwealth of 14 Puerto Rico, the Virgin Islands, Guam, Amer- 15 ican Samoa, and the Commonwealth of the 16 Northern Mariana Islands. 17 (H) PERIOD OF COVERAGE.—Any ref- 18 erence in this subsection to a period of coverage 19 shall be treated as a reference to a monthly or 20 shorter period of coverage with respect to which 21 premiums are charged with respect to such cov- 22 erage. 23 (I) PLAN SPONSOR.—The term ‘‘plan 24 sponsor’’ has the meaning given such term in 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 116 •HR 1319 RH section 3(16)(B) of the Employee Retirement 1 Income Security Act of 1974. 2 (J) PREMIUM.—The term ‘‘premium’’ in- 3 cludes, with respect to COBRA continuation 4 coverage, any administrative fee. 5 (11) IMPLEMENTATION FUNDING.—In addition 6 to amounts otherwise made available, out of any 7 funds in the Treasury not otherwise appropriated, 8 there are appropriated to the Secretary of Labor for 9 fiscal year 2021, $10,000,000, to remain available 10 until expended, for the Employee Benefits Security 11 Administration to carry out the provisions of this 12 subtitle. 13 (b) COBRA PREMIUM ASSISTANCE.— 14 (1) ALLOWANCE OF CREDIT.— 15 (A) IN GENERAL.—Subchapter B of chap- 16 ter 65 of the Internal Revenue Code of 1986 is 17 amended by adding at the end the following 18 new section: 19 ‘‘SEC. 6432. CONTINUATION COVERAGE PREMIUM ASSIST- 20 ANCE. 21 ‘‘(a) IN GENERAL.—The person to whom premiums 22 are payable for continuation coverage under section 23 2401(a)(1) of the American Rescue Plan Act of 2021 shall 24 be allowed as a credit against the tax imposed by section 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 117 •HR 1319 RH 3111(b), or so much of the taxes imposed under section 1 3221(a) as are attributable to the rate in effect under sec- 2 tion 3111(b), for each calendar quarter an amount equal 3 to the premiums not paid by assistance eligible individuals 4 for such coverage by reason of such section 2401(a)(1) 5 with respect to such calendar quarter. 6 ‘‘(b) PERSON TO WHOM PREMIUMS ARE PAYABLE.— 7 For purposes of subsection (a), except as otherwise pro- 8 vided by the Secretary, the person to whom premiums are 9 payable under such continuation coverage shall be treated 10 as being— 11 ‘‘(1) in the case of any group health plan which 12 is a multiemployer plan (as defined in section 3(37) 13 of the Employee Retirement Income Security Act of 14 1974), the plan, 15 ‘‘(2) in the case of any group health plan not 16 described in paragraph (1), and under which some 17 or all of the coverage is not provided by insurance, 18 the employer maintaining the plan, and 19 ‘‘(3) in the case of any group health plan not 20 described in paragraph (1) or (2), the insurer pro- 21 viding the coverage under the group health plan. 22 ‘‘(c) LIMITATIONS AND REFUNDABILITY.— 23 ‘‘(1) CREDIT LIMITED TO CERTAIN EMPLOY- 24 MENT TAXES.—The credit allowed by subsection (a) 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 118 •HR 1319 RH with respect to any calendar quarter shall not exceed 1 the tax imposed by section 3111(b), or so much of 2 the taxes imposed under section 3221(a) as are at- 3 tributable to the rate in effect under section 4 3111(b), for such calendar quarter (reduced by any 5 credits allowed against such taxes under sections 6 7001 and 7003 of the Families First Coronavirus 7 Response Act and section 2301 of the CARES Act) 8 on the wages paid with respect to the employment 9 of all employees of the employer. 10 ‘‘(2) REFUNDABILITY OF EXCESS CREDIT.— 11 ‘‘(A) CREDIT IS REFUNDABLE.—If the 12 amount of the credit under subsection (a) ex- 13 ceeds the limitation of paragraph (1) for any 14 calendar quarter, such excess shall be treated 15 as an overpayment that shall be refunded under 16 sections 6402(a) and 6413(b). 17 ‘‘(B) CREDIT MAY BE ADVANCED.—In an- 18 ticipation of the credit, including the refundable 19 portion under subparagraph (A), the credit may 20 be advanced, according to forms and instruc- 21 tions provided by the Secretary, up to an 22 amount calculated under subsection (a) through 23 the end of the most recent payroll period in the 24 quarter. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 119 •HR 1319 RH ‘‘(C) TREATMENT OF DEPOSITS.—The 1 Secretary shall waive any penalty under section 2 6656 for any failure to make a deposit of the 3 tax imposed by section 3111(b), or so much of 4 the taxes imposed under section 3221(a) as are 5 attributable to the rate in effect under section 6 3111(b), if the Secretary determines that such 7 failure was due to the anticipation of the credit 8 allowed under this section. 9 ‘‘(D) TREATMENT OF PAYMENTS.—For 10 purposes of section 1324 of title 31, United 11 States Code, any amounts due to an employer 12 under this paragraph shall be treated in the 13 same manner as a refund due from a credit 14 provision referred to in subsection (b)(2) of 15 such section. 16 ‘‘(3) OVERSTATEMENTS.—Any overstatement of 17 the credit to which a person is entitled under this 18 section (and any amount paid by the Secretary as a 19 result of such overstatement) shall be treated as an 20 underpayment by such person of the taxes described 21 in paragraph (1) and may be assessed and collected 22 by the Secretary in the same manner as such taxes. 23 ‘‘(d) GOVERNMENTAL ENTITIES.—For purposes of 24 this section, the term ‘person’ includes the government of 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 120 •HR 1319 RH any State or political subdivision thereof, any Indian tribal 1 government (as defined in section 139E(c)(1)), any agency 2 or instrumentality of any of the foregoing, and any agency 3 or instrumentality of the Government of the United States 4 that is described in section 501(c)(1) and exempt from 5 taxation under section 501(a). 6 ‘‘(e) DENIAL OF DOUBLE BENEFIT.—For purposes 7 of chapter 1, the gross income of any person allowed a 8 credit under this section shall be increased for the taxable 9 year which includes the last day of any calendar quarter 10 with respect to which such credit is allowed by the amount 11 of such credit. No amount for which a credit is allowed 12 under this section shall be taken into account as qualified 13 wages under section 2301 of the CARES Act or as quali- 14 fied health plan expenses under section 7001(d) or 15 7003(d) of the Families First Coronavirus Response Act. 16 ‘‘(f) REGULATIONS.—The Secretary shall issue such 17 regulations, or other guidance, forms, instructions, and 18 publications, as may be necessary or appropriate to carry 19 out this section, including— 20 ‘‘(1) the requirement to report information or 21 the establishment of other methods for verifying the 22 correct amounts of reimbursements under this sec- 23 tion, 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 121 •HR 1319 RH ‘‘(2) the application of this section to group 1 health plans that are multiemployer plans (as de- 2 fined in section 3(37) of the Employee Retirement 3 Income Security Act of 1974), 4 ‘‘(3) to allow the advance payment of the credit 5 determined under subsection (a), subject to the limi- 6 tations provided in this section, based on such infor- 7 mation as the Secretary shall require, 8 ‘‘(4) to provide for the reconciliation of such 9 advance payment with the amount of the credit at 10 the time of filing the return of tax for the applicable 11 quarter or taxable year, and 12 ‘‘(5) allowing the credit to third party payors 13 (including professional employer organizations, cer- 14 tified professional employer organizations, or agents 15 under section 3504).’’. 16 (B) CLERICAL AMENDMENT.—The table of 17 sections for subchapter B of chapter 65 of the 18 Internal Revenue Code of 1986 is amended by 19 adding at the end the following new item: 20 ‘‘Sec. 6432. Continuation coverage premium assistance.’’. (C) EFFECTIVE DATE.—The amendments 21 made by this paragraph shall apply to pre- 22 miums to which subsection (a)(1)(A) applies 23 and wages paid on or after April 1, 2021. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 122 •HR 1319 RH (D) SPECIAL RULE IN CASE OF EMPLOYEE 1 PAYMENT THAT IS NOT REQUIRED UNDER THIS 2 SECTION.— 3 (i) IN GENERAL.—In the case of an 4 assistance eligible individual who pays, 5 with respect any period of coverage to 6 which subsection (a)(1)(A) applies, the 7 amount of the premium for such coverage 8 that the individual would have (but for this 9 Act) been required to pay, the person to 10 whom such payment is payable shall reim- 11 burse such individual for the amount of 12 such premium paid in excess of the 13 amount required to be paid under sub- 14 section (a)(1)(A). 15 (ii) CREDIT OF REIMBURSEMENT.—A 16 person to which clause (i) applies shall be 17 allowed a credit in the manner provided 18 under section 6432 of the Internal Rev- 19 enue Code of 1986 for any payment made 20 to the employee under such clause. 21 (iii) PAYMENT OF CREDITS.—Any 22 person to which clause (i) applies shall 23 make the payment required under such 24 clause to the individual not later than 60 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 123 •HR 1319 RH days after the date on which such indi- 1 vidual elects continuation coverage under 2 subsection (a)(1). 3 (2) PENALTY FOR FAILURE TO NOTIFY HEALTH 4 PLAN OF CESSATION OF ELIGIBILITY FOR PREMIUM 5 ASSISTANCE.— 6 (A) IN GENERAL.—Part I of subchapter B 7 of chapter 68 of the Internal Revenue Code of 8 1986 is amended by adding at the end the fol- 9 lowing new section: 10 ‘‘SEC. 6720C. PENALTY FOR FAILURE TO NOTIFY HEALTH 11 PLAN OF CESSATION OF ELIGIBILITY FOR 12 CONTINUATION COVERAGE PREMIUM ASSIST- 13 ANCE. 14 ‘‘(a) IN GENERAL.—Except in the case of a failure 15 described in subsection (b) or (c), any person required to 16 notify a group health plan under section 2401(a)(2)(B) 17 of the American Rescue Plan Act of 2021 who fails to 18 make such a notification at such time and in such manner 19 as the Secretary of Labor may require shall pay a penalty 20 of $250 for each such failure. 21 ‘‘(b) INTENTIONAL FAILURE.—In the case of any 22 such failure that is fraudulent, such person shall pay a 23 penalty equal to the greater of— 24 ‘‘(1) $250, or 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 124 •HR 1319 RH ‘‘(2) 110 percent of the premium assistance 1 provided under section 9501(a)(1)(A) of the Amer- 2 ican Rescue Plan Act of 2021 after termination of 3 eligibility under such section. 4 ‘‘(c) REASONABLE CAUSE EXCEPTION.—No penalty 5 shall be imposed under this section with respect to any 6 failure if it is shown that such failure is due to reasonable 7 cause and not to willful neglect.’’. 8 (B) CLERICAL AMENDMENT.—The table of 9 sections of part I of subchapter B of chapter 68 10 of such Code is amended by adding at the end 11 the following new item: 12 ‘‘Sec. 6720C. Penalty for failure to notify health plan of cessation of eligibility for continuation coverage premium assistance.’’. (3) COORDINATION WITH HCTC.— 13 (A) IN GENERAL.—Section 35(g)(9) of the 14 Internal Revenue Code of 1986 is amended to 15 read as follows: 16 ‘‘(9) CONTINUATION COVERAGE PREMIUM AS- 17 SISTANCE.—In the case of an assistance eligible in- 18 dividual who receives premium assistance for con- 19 tinuation coverage under section 2401(a)(1) of the 20 American Rescue Plan Act of 2021 for any month 21 during the taxable year, such individual shall not be 22 treated as an eligible individual, a certified indi- 23 vidual, or a qualifying family member for purposes 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 125 •HR 1319 RH of this section or section 7527 with respect to such 1 month.’’. 2 (B) EFFECTIVE DATE.—The amendment 3 made by subparagraph (A) shall apply to tax- 4 able years ending after the date of the enact- 5 ment of this Act. 6 (4) EXCLUSION OF CONTINUATION COVERAGE 7 PREMIUM ASSISTANCE FROM GROSS INCOME.— 8 (A) IN GENERAL.—Part III of subchapter 9 B of chapter 1 of the Internal Revenue Code of 10 1986 is amended by inserting after section 11 139H the following new section: 12 ‘‘SEC. 139I. CONTINUATION COVERAGE PREMIUM ASSIST- 13 ANCE. 14 ‘‘In the case of an assistance eligible individual (as 15 defined in subsection (a)(3) of section 2401 of the Amer- 16 ican Rescue Plan Act of 2021), gross income does not in- 17 clude any premium assistance provided under subsection 18 (a)(1) of such section.’’. 19 (B) CLERICAL AMENDMENT.—The table of 20 sections for part III of subchapter B of chapter 21 1 of such Code is amended by inserting after 22 the item relating to section 139H the following 23 new item: 24 ‘‘Sec. 139I. Continuation coverage premium assistance.’’. VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6211 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 126 •HR 1319 RH (C) EFFECTIVE DATE.—The amendments 1 made by this paragraph shall apply to taxable 2 years ending after the date of the enactment of 3 this Act. 4 TITLE III—COMMITTEE ON 5 ENERGY AND COMMERCE 6 Subtitle A—Public Health 7 CHAPTER 1—VACCINES AND 8 THERAPEUTICS 9 SEC. 3001. FUNDING FOR COVID–19 VACCINE ACTIVITIES AT 10 THE CENTERS FOR DISEASE CONTROL AND 11 PREVENTION. 12 (a) IN GENERAL.—In addition to amounts otherwise 13 available, there is appropriated to the Secretary of Health 14 and Human Services (in this subtitle referred to as the 15 ‘‘Secretary’’) for fiscal year 2021, out of any money in 16 the Treasury not otherwise appropriated, $7,500,000,000, 17 to remain available until expended, to carry out activities 18 to plan, prepare for, promote, distribute, administer, mon- 19 itor, and track COVID–19 vaccines. 20 (b) USE OF FUNDS.—The Secretary, acting through 21 the Director of the Centers for Disease Control and Pre- 22 vention, and in consultation with other agencies, as appli- 23 cable, shall, in conducting activities referred to in sub- 24 section (a)— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 127 •HR 1319 RH (1) conduct activities to enhance, expand, and 1 improve nationwide COVID–19 vaccine distribution 2 and administration, including activities related to 3 distribution of ancillary medical products and sup- 4 plies related to vaccines; and 5 (2) provide technical assistance, guidance, and 6 support to, and award grants or cooperative agree- 7 ments to, State, local, Tribal, and territorial public 8 health departments for enhancement of COVID–19 9 vaccine distribution and administration capabilities, 10 including— 11 (A) the distribution and administration of 12 vaccines licensed under section 351 of the Pub- 13 lic Health Service Act (42 U.S.C. 262) or au- 14 thorized under section 564 of the Federal Food, 15 Drug, and Cosmetic Act (21 U.S.C. 360bbb–3) 16 and ancillary medical products and supplies re- 17 lated to vaccines; 18 (B) the establishment and expansion, in- 19 cluding staffing support, of community vaccina- 20 tion centers, particularly in underserved areas; 21 (C) the deployment of mobile vaccination 22 units, particularly in underserved areas; 23 (D) information technology, data, and re- 24 porting enhancements, including improvements 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 128 •HR 1319 RH necessary to support sharing of data related to 1 vaccine distribution and vaccinations and sys- 2 tems that enhance vaccine safety, effectiveness, 3 and uptake, particularly among underserved 4 populations; 5 (E) facilities enhancements; and 6 (F) communication with the public regard- 7 ing when, where, and how to receive COVID– 8 19 vaccines. 9 SEC. 3002. FUNDING FOR VACCINE CONFIDENCE ACTIVI- 10 TIES. 11 In addition to amounts otherwise available, there is 12 appropriated to the Secretary for fiscal year 2021, out of 13 any money in the Treasury not otherwise appropriated, 14 $1,000,000,000, to remain available until expended, to 15 carry out activities, acting through the Director of the 16 Centers for Disease Control and Prevention— 17 (1) to strengthen vaccine confidence in the 18 United States, including its territories and posses- 19 sions; 20 (2) to provide further information and edu- 21 cation with respect to vaccines licensed under section 22 351 of the Public Health Service Act (42 U.S.C. 23 262) or authorized under section 564 of the Federal 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 129 •HR 1319 RH Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb– 1 3); and 2 (3) to improve rates of vaccination throughout 3 the United States, including its territories and pos- 4 sessions, including through activities described in 5 section 313 of the Public Health Service Act, as 6 amended by section 311 of division BB of the Con- 7 solidated Appropriations Act, 2021 (Public Law 8 116–260). 9 SEC. 3003. FUNDING FOR SUPPLY CHAIN FOR COVID–19 10 VACCINES, THERAPEUTICS, AND MEDICAL 11 SUPPLIES. 12 In addition to amounts otherwise available, there is 13 appropriated to the Secretary for fiscal year 2021, out of 14 any money in the Treasury not otherwise appropriated, 15 $5,200,000,000, to remain available until expended, for 16 necessary expenses with respect to research, development, 17 manufacturing, production, and the purchase of vaccines, 18 therapeutics, and ancillary medical products and supplies 19 to prevent, prepare, or respond to— 20 (1) SARS–CoV–2 or any viral variant mutating 21 therefrom with pandemic potential; and 22 (2) COVID–19 or any disease with potential for 23 creating a pandemic. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 130 •HR 1319 RH SEC. 3004. FUNDING FOR COVID–19 VACCINE, THERA- 1 PEUTIC, AND DEVICE ACTIVITIES AT THE 2 FOOD AND DRUG ADMINISTRATION. 3 In addition to amounts otherwise available, there is 4 appropriated to the Secretary for fiscal year 2021, out of 5 any money in the Treasury not otherwise appropriated, 6 $500,000,000, to remain available until expended, to be 7 used for the evaluation of the continued performance, safe- 8 ty, and effectiveness, including with respect to emerging 9 COVID–19 variants, of vaccines, therapeutics, and 10 diagnostics approved, cleared, licensed, or authorized for 11 use for the treatment, prevention, or diagnosis of COVID– 12 19; facilitation of advanced continuous manufacturing ac- 13 tivities related to production of vaccines and related mate- 14 rials; facilitation and conduct of inspections related to the 15 manufacturing of vaccines, therapeutics, and devices de- 16 layed or cancelled for reasons related to COVID–19; re- 17 view of devices authorized for use for the treatment, pre- 18 vention, or diagnosis of COVID–19; and oversight of the 19 supply chain and mitigation of shortages of vaccines, 20 therapeutics, and devices approved, cleared, licensed, or 21 authorized for use for the treatment, prevention, or diag- 22 nosis of COVID–19 by the Food and Drug Administra- 23 tion. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 131 •HR 1319 RH CHAPTER 2—TESTING 1 SEC. 3011. FUNDING FOR COVID–19 TESTING, CONTACT 2 TRACING, AND MITIGATION ACTIVITIES. 3 (a) IN GENERAL.—In addition to amounts otherwise 4 available, there is appropriated to the Secretary for fiscal 5 year 2021, out of any money in the Treasury not otherwise 6 appropriated, $46,000,000,000, to remain available until 7 expended, to carry out activities to detect, diagnose, trace, 8 and monitor SARS–CoV–2 and COVID–19 infections and 9 related strategies to mitigate the spread of COVID–19. 10 (b) USE OF FUNDS.—From amounts appropriated by 11 subsection (a), the Secretary shall— 12 (1) implement a national, evidence-based strat- 13 egy for testing, contact tracing, surveillance, and 14 mitigation with respect to SARS–CoV–2 and 15 COVID–19; 16 (2) provide technical assistance, guidance, and 17 support, and award grants or cooperative agree- 18 ments to State, local, and territorial public health 19 departments for activities to detect, diagnose, trace, 20 and monitor SARS–CoV–2 and COVID–19 infec- 21 tions and related strategies and activities to mitigate 22 the spread of COVID–19; 23 (3) support the development, manufacturing, 24 procurement, distribution, and administration of 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 132 •HR 1319 RH tests to detect or diagnose SARS–CoV–2 and 1 COVID–19, including supplies necessary for admin- 2 istering tests, such as personal protective equipment; 3 (4) establish and expand Federal, State, local, 4 and territorial testing and contact tracing capabili- 5 ties, including investments in laboratory capacity, 6 community-based testing sites, and mobile testing 7 units, particularly in medically underserved areas; 8 (5) enhance information technology, data mod- 9 ernization, and reporting, including improvements 10 necessary to support sharing of data related to pub- 11 lic health capabilities; 12 (6) award grants to, or enter into cooperative 13 agreements or contracts with, State, local, and terri- 14 torial public health departments to establish, ex- 15 pand, and sustain a public health workforce; and 16 (7) to cover administrative and program sup- 17 port costs necessary to conduct activities related to 18 subparagraph (a). 19 SEC. 3012. FUNDING FOR SARS–COV–2 GENOMIC SEQUENC- 20 ING AND SURVEILLANCE. 21 (a) IN GENERAL.—In addition to amounts otherwise 22 available, there is appropriated to the Secretary for fiscal 23 year 2021 out of any money in the Treasury not otherwise 24 appropriated, $1,750,000,000, to remain available until 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 133 •HR 1319 RH expended, to strengthen and expand activities and work- 1 force related to genomic sequencing, analytics, and disease 2 surveillance. 3 (b) USE OF FUNDS.—From amounts appropriated by 4 subsection (a), the Secretary, acting through the Director 5 of the Centers for Disease Control and Prevention, shall— 6 (1) conduct, expand, and improve activities to 7 sequence genomes, identify mutations, and survey 8 the circulation and transmission of viruses and other 9 organisms, including strains of SARS–CoV–2; 10 (2) award grants or cooperative agreements to 11 State, local, Tribal, or territorial public health de- 12 partments or public health laboratories— 13 (A) to increase their capacity to sequence 14 genomes of circulating strains of viruses and 15 other organisms, including SARS–CoV–2; 16 (B) to identify mutations in viruses and 17 other organisms, including SARS–CoV–2; 18 (C) to use genomic sequencing to identify 19 outbreaks and clusters of diseases or infections, 20 including COVID–19; and 21 (D) to develop effective disease response 22 strategies based on genomic sequencing and 23 surveillance data; 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 134 •HR 1319 RH (3) enhance and expand the informatics capa- 1 bilities of the public health workforce; and 2 (4) award grants for the construction, alter- 3 ation, or renovation of facilities to improve genomic 4 sequencing and surveillance capabilities at the State 5 and local level. 6 SEC. 3013. FUNDING FOR GLOBAL HEALTH. 7 In addition to amounts otherwise available, there is 8 appropriated to the Secretary for fiscal year 2021, out of 9 any amounts in the Treasury not otherwise appropriated, 10 $750,000,000, to remain available until expended, for ac- 11 tivities to be conducted acting through the Director of the 12 Centers for Disease Control and Prevention to combat 13 SARS–CoV– 2, COVID–19, and other emerging infectious 14 disease threats globally, including efforts related to global 15 health security, global disease detection and response, 16 global health protection, global immunization, and global 17 coordination on public health. 18 SEC. 3014. FUNDING FOR DATA MODERNIZATION AND 19 FORECASTING CENTER. 20 In addition to amounts otherwise available, there is 21 appropriated to the Secretary for fiscal year 2021, out of 22 any money in the Treasury not otherwise appropriated, 23 $500,000,000, to remain available until expended, for ac- 24 tivities to be conducted acting through the Director of the 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 135 •HR 1319 RH Centers for Disease Control and Prevention to support 1 public health data surveillance and analytics infrastruc- 2 ture modernization initiatives at the Centers for Disease 3 Control and Prevention, and establish, expand, and main- 4 tain efforts to modernize the United States disease warn- 5 ing system to forecast and track hotspots for COVID–19, 6 its variants, and emerging biological threats, including 7 academic and workforce support for analytics and 8 informatics infrastructure and data collection systems. 9 CHAPTER 3—PUBLIC HEALTH 10 WORKFORCE 11 SEC. 3021. FUNDING FOR PUBLIC HEALTH WORKFORCE. 12 (a) IN GENERAL.—In addition to amounts otherwise 13 available, there is appropriated to the Secretary for fiscal 14 year 2021, out of any money in the Treasury not otherwise 15 appropriated, $7,660,000,000, to remain available until 16 expended, to carry out activities related to establishing, 17 expanding, and sustaining a public health workforce, in- 18 cluding by making awards to State, local, and territorial 19 public health departments. 20 (b) USE OF FUNDS FOR PUBLIC HEALTH DEPART- 21 MENTS.—Amounts made available to an awardee pursuant 22 to subsection (a) shall be used for the following: 23 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 136 •HR 1319 RH (1) Costs, including wages and benefits, related 1 to the recruiting, hiring, and training of individ- 2 uals— 3 (A) to serve as case investigators, contact 4 tracers, social support specialists, community 5 health workers, public health nurses, disease 6 intervention specialists, epidemiologists, pro- 7 gram managers, laboratory personnel, 8 informaticians, communication and policy ex- 9 perts, and any other positions as may be re- 10 quired to prevent, prepare for, and respond to 11 COVID–19; and 12 (B) who are employed by— 13 (i) the State, territorial, or local pub- 14 lic health department involved; or 15 (ii) a nonprofit private or public orga- 16 nization with demonstrated expertise in im- 17 plementing public health programs and es- 18 tablished relationships with such State, 19 territorial, or local public health depart- 20 ments, particularly in medically under- 21 served areas. 22 (2) Personal protective equipment, data man- 23 agement and other technology, or other necessary 24 supplies. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 137 •HR 1319 RH (3) Administrative costs and activities necessary 1 for awardees to implement activities funded under 2 this section. 3 (4) Reporting to the Secretary on implementa- 4 tion of the activities funded under this section. 5 (5) Subawards from recipients of awards under 6 subsection (a) to local health departments for the 7 purposes of the activities funded under this section. 8 SEC. 3022. FUNDING FOR MEDICAL RESERVE CORPS. 9 In addition to amounts otherwise available, there is 10 appropriated to the Secretary for fiscal year 2021, out of 11 any money in the Treasury not otherwise appropriated, 12 $100,000,000, to remain available until expended, for car- 13 rying out section 2813 of the Public Health Service Act 14 (42 U.S.C. 300hh–15). 15 CHAPTER 4—PUBLIC HEALTH 16 INVESTMENTS 17 SEC. 3031. FUNDING FOR COMMUNITY HEALTH CENTERS 18 AND COMMUNITY CARE. 19 (a) IN GENERAL.—In addition to amounts otherwise 20 available, there is appropriated to the Secretary for fiscal 21 year 2021, out of any money in the Treasury not otherwise 22 appropriated, $7,600,000,000, to remain available until 23 expended, for necessary expenses for awarding grants and 24 cooperative agreements under section 330 of the Public 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00137 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 138 •HR 1319 RH Health Service Act (42 U.S.C. 254b) to be awarded with- 1 out regard to subsections (e)(3), (e)(6)(A)(iii), 2 (e)(6)(B)(iii), and (r)(2)(B) of such section 330, and for 3 necessary expenses for awarding grants to Federally quali- 4 fied health centers (as defined in section 1861(aa)(4)(B) 5 of the Social Security Act (42 U.S.C. 1395x(aa))), and 6 for awarding grants or contracts to qualified entities 7 under the Native Hawaiian Health Care Improvement Act 8 (42 U.S.C. 11701 et seq.). Of the total amount appro- 9 priated by the preceding sentence, not less than 10 $20,000,000 shall be for grants or contracts to qualified 11 entities under the Native Hawaiian Health Care Improve- 12 ment Act (42 U.S.C. 11701 et seq.). 13 (b) USE OF FUNDS.—Amounts made available to an 14 awardee pursuant to subsection (a) shall be used— 15 (1) to plan, prepare for, promote, distribute, 16 administer, and track COVID–19 vaccines, and to 17 carry out other vaccine-related activities; 18 (2) to detect, diagnose, trace, and monitor 19 COVID–19 infections and related activities nec- 20 essary to mitigate the spread of COVID–19, includ- 21 ing activities related to, and equipment or supplies 22 purchased for, testing, contact tracing, surveillance, 23 mitigation, and treatment of COVID–19; 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 139 •HR 1319 RH (3) to purchase equipment and supplies to con- 1 duct mobile testing or vaccinations for COVID–19, 2 to purchase and maintain mobile vehicles and equip- 3 ment to conduct such testing or vaccinations, and to 4 hire and train laboratory personnel and other staff 5 to conduct such mobile testing or vaccinations, par- 6 ticularly in medically underserved areas; 7 (4) to establish, expand, and sustain the health 8 care workforce to prevent, prepare for, and respond 9 to COVID–19, and to carry out other health work- 10 force-related activities; 11 (5) to modify, enhance, and expand health care 12 services and infrastructure; and 13 (6) to conduct community outreach and edu- 14 cation activities related to COVID–19. 15 (c) PAST EXPENDITURES.—An awardee may use 16 amounts awarded pursuant to subsection (a) to cover the 17 costs of the awardee carrying out any of the activities de- 18 scribed in subsection (b) during the period beginning on 19 the date of the declaration of a public health emergency 20 by the Secretary under section 319 of the Public Health 21 Service Act (42 U.S.C. 247d) on January 31, 2020, with 22 respect to COVID–19 and ending on the date of such 23 award. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 140 •HR 1319 RH SEC. 3032. FUNDING FOR NATIONAL HEALTH SERVICE 1 CORPS. 2 (a) IN GENERAL.—In addition to amounts otherwise 3 available, there is appropriated to the Secretary for fiscal 4 year 2021, out of any money in the Treasury not otherwise 5 appropriated, $800,000,000, to remain available until ex- 6 pended, for carrying out title III of the Public Health 7 Service Act (42 U.S.C. 241 et seq.) with respect to the 8 health workforce. 9 (b) STATE LOAN REPAYMENT PROGRAMS.— 10 (1) IN GENERAL.—Of the amount made avail- 11 able pursuant to subsection (a), $100,000,000 shall 12 be made available for providing public health serv- 13 ices through supplemental grants to States under 14 section 338I(a) of the Public Health Service Act (42 15 U.S.C. 254q–1(a)). 16 (2) CONDITIONS.—With respect to grants de- 17 scribed in paragraph (1) using funds made available 18 under such paragraph: 19 (A) Section 338I(b) of the Public Health 20 Service Act (42 U.S.C. 254q–1(b)) shall not 21 apply. 22 (B) Notwithstanding section 338I(d)(2) of 23 the Public Health Service Act (42 U.S.C. 254q– 24 1(d)(2)), not more than 10 percent of an award 25 to a State from such amounts, may be used by 26 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 141 •HR 1319 RH the State for costs of administering the State 1 loan repayment program. 2 SEC. 3033. FUNDING FOR NURSE CORPS. 3 In addition to amounts otherwise available, there is 4 appropriated to the Secretary for fiscal year 2021, out of 5 any money in the Treasury not otherwise appropriated, 6 $200,000,000, to remain available until expended, for car- 7 rying out section 846 of the Public Health Service Act 8 (42 U.S.C. 297n). 9 SEC. 3034. FUNDING FOR TEACHING HEALTH CENTERS 10 THAT OPERATE GRADUATE MEDICAL EDU- 11 CATION. 12 (a) IN GENERAL.—In addition to amounts otherwise 13 available, and notwithstanding the capped amount ref- 14 erenced in sections 340H(b)(2) and 340H(d)(2) of the 15 Public Health Service Act (42 U.S.C. 256h(b)(2) and 16 (d)(2)), there is appropriated to the Secretary for fiscal 17 year 2021, out of any money in the Treasury not otherwise 18 appropriated, $330,000,000, to remain available until 19 September 30, 2023, for the program of payments to 20 teaching health centers that operate graduate medical 21 education under section 340H of the Public Health Serv- 22 ice Act (42 U.S.C. 256h) and for teaching health center 23 development grants authorized under section 749A of the 24 Public Health Service Act (42 U.S.C. 293l–1). 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 142 •HR 1319 RH (b) USE OF FUNDS.—Amounts made available pursu- 1 ant to subsection (a) shall be used for the following activi- 2 ties: 3 (1) For making payments to new approved 4 graduate medical residency training programs, pro- 5 vided that the number of full-time equivalent resi- 6 dents for which a qualified teaching health center re- 7 ceives payments pursuant to section 340H(a)(1)(C) 8 of the Public Health Service Act (42 U.S.C. 9 256h(a)(1)(C)) for a fiscal year shall not exceed by 10 more than 6 the number of full-time equivalent resi- 11 dents for which the center received such payments 12 for the preceding fiscal year. 13 (2) To provide an increase to the per resident 14 amount described in section 340H(a)(2) of the Pub- 15 lic Health Service Act (42 U.S.C. 256h(a)(2)) of 16 $10,000. 17 (3) For making payments under section 340H 18 of the Public Health Service Act (42 U.S.C. 256h) 19 to qualified teaching health centers for approved 20 graduate medical residency training programs, for 21 the number of full-time equivalent residents at a 22 program at a number that is no lower than the high- 23 est number of full-time equivalent residents in that 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 143 •HR 1319 RH program for the period of fiscal years 2016 through 1 2018. 2 (4) For making payments under section 3 340H(a)(1)(B) of the Public Health Service Act (42 4 U.S.C. 256h(a)(1)(B)) for the expansion of existing 5 approved graduate medical residency programs. 6 (5) For making awards under section 749A of 7 the Public Health Service Act (42 U.S.C. 293l–1) to 8 teaching health centers for the purpose of estab- 9 lishing new accredited or expanded primary care 10 residency programs. 11 (6) To cover administrative costs and activities 12 necessary for qualified teaching health centers re- 13 ceiving payments under section 340H of the Public 14 Health Service Act (42 U.S.C. 256h) to carry out 15 activities under such section. 16 SEC. 3035. FUNDING FOR COVID–19 TESTING, CONTACT 17 TRACING, AND MITIGATION ACTIVITIES IN 18 CONGREGATE SETTINGS. 19 (a) IN GENERAL.—In addition to amounts otherwise 20 available, there is appropriated to the Secretary for fiscal 21 year 2021, out of any money in the Treasury not otherwise 22 appropriated, $1,800,000,000, to remain available until 23 expended, to carry out activities to detect, diagnose, trace, 24 monitor, and report on SARS–CoV–2 and COVID–19 in- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 144 •HR 1319 RH fections, and related strategies to mitigate the spread of 1 SARS–CoV–2, in congregate settings. 2 (b) USE OF FUNDS.—From amounts appropriated by 3 subsection (a), the Secretary shall— 4 (1) support activities related to testing through 5 the use of in vitro diagnostic products (as defined in 6 section 809.3(a) of title 21, Code of Federal Regula- 7 tions) for the detection or diagnosis of SARS–CoV– 8 2 and the virus that causes COVID–19, including to 9 purchase, procure, or administer tests and supplies 10 necessary for administering and processing such 11 tests to staff of, or individuals residing in, con- 12 gregate settings, and pay (through any mechanism 13 deemed appropriate by the Secretary) part or all of 14 the costs to such entities of administering or proc- 15 essing such tests; 16 (2) support vaccine-related activities for author- 17 ized or licensed COVID–19 vaccines, to provide for 18 the vaccination of staff of, or individuals residing in, 19 congregate settings, and pay (through any mecha- 20 nism deemed appropriate by the Secretary) part or 21 all of the costs to such entities of administering such 22 vaccines; 23 (3) purchase, procure, or distribute personal 24 protective equipment or other products or supplies 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 145 •HR 1319 RH for use in mitigation of COVID–19 transmission 1 among staff of, or individuals residing in, congregate 2 settings; and 3 (4) provide technical assistance, guidance, and 4 support and award grants, contracts, or cooperative 5 agreements to State, local, territorial, and Tribal 6 public health departments, or Federal, State, local, 7 territorial, or Tribal public and private entities that 8 manage congregate settings, for activities to detect, 9 diagnose, trace, monitor, and report on SARS–CoV– 10 2 and COVID–19 infections, and related strategies 11 and activities to mitigate the spread of SARS–CoV– 12 2, in congregate settings. 13 (c) DEFINITION.—For purposes of this section, the 14 term ‘‘congregate settings’’ includes Federal, State, local, 15 territorial, and Tribal prisons, jails, detention centers (in- 16 cluding juvenile detention centers), other correctional, de- 17 tention, and reentry facilities, long-term care facilities, 18 psychiatric hospitals, psychiatric residential treatment fa- 19 cilities, shared living arrangements for individuals with 20 disabilities, intermediate care facilities, and other residen- 21 tial care facilities. 22 SEC. 3036. FUNDING FOR FAMILY PLANNING. 23 In addition to amounts otherwise available, there is 24 appropriated to the Secretary for fiscal year 2021, out of 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 146 •HR 1319 RH any money in the Treasury not otherwise appropriated, 1 $50,000,000, to remain available until expended, for nec- 2 essary expenses for making grants and contracts under 3 section 1001 of the Public Health Service Act (42 U.S.C. 4 300). 5 SEC. 3037. FUNDING FOR CHILDREN UNDER THE CARE OF 6 THE DEPARTMENT OF HEALTH AND HUMAN 7 SERVICES. 8 (a) IN GENERAL.—In addition to amounts otherwise 9 available, there is appropriated to the Secretary for fiscal 10 year 2021, out of any money in the Treasury not otherwise 11 appropriated, $425,000,000, to remain available until ex- 12 pended, for expenses incurred in preparing for and pro- 13 viding child care, education services, health care services, 14 case management services, or other necessary services for 15 children in the care of personnel employed by or under 16 a grant, cooperative agreement, or contract with the De- 17 partment of Health and Human Services (or agency, sub- 18 division, or office thereof). 19 (b) USE OF FUNDS.—Amounts made available pursu- 20 ant to subsection (a) shall be used for— 21 (1) costs related to capacity to provide care to 22 children described in such subsection; 23 (2) costs related to the recruiting, hiring, and 24 training of additional staff; 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00146 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 147 •HR 1319 RH (3) activities to detect, diagnose, trace, treat, 1 and monitor SARS–CoV–2 and COVID–19 infec- 2 tions and related strategies and activities to mitigate 3 the spread of SARS–CoV–2 and COVID–19; 4 (4) the purchase, procurement, or distribution 5 of in vitro diagnostic products (as defined in section 6 809.3(a) of title 21, Code of Federal Regulations) 7 for the detection or diagnosis of SARS–CoV–2 and 8 the virus that causes COVID–19 or supplies nec- 9 essary for administering tests to such children and 10 staff caring for such children; 11 (5) distribution of COVID–19 vaccines licensed 12 under section 351 of the Public Health Service Act 13 (42 U.S.C. 262) or authorized for emergency use 14 under section 564 of the Federal Food, Drug, and 15 Cosmetic Act (21 U.S.C. 360bbb–3) for such chil- 16 dren or staff caring for such children; or 17 (6) the purchase, procurement, or distribution 18 of personal protective equipment or other measures 19 for mitigation and prevention of COVID–19 trans- 20 mission among such children and staff caring for 21 such children. 22 SEC. 3038. FUNDING FOR OFFICE OF INSPECTOR GENERAL. 23 In addition to amounts otherwise available, there is 24 appropriated to the inspector general of the Department 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 148 •HR 1319 RH of Health and Human Services for fiscal year 2021, out 1 of any money in the Treasury not otherwise appropriated, 2 $5,000,000, to remain available until expended, for over- 3 sight of activities supported with funds appropriated to 4 the Department of Health and Human Services to pre- 5 vent, prepare for, and respond to coronavirus 2019 or 6 COVID–19, domestically or internationally. 7 CHAPTER 5—INDIAN HEALTH 8 SEC. 3041. FUNDING FOR INDIAN HEALTH. 9 (a) In addition to amounts otherwise available, there 10 is appropriated to the Secretary for fiscal year 2021, out 11 of any money in the Treasury not otherwise appropriated, 12 $6,094,000,000, to remain available until expended, of 13 which— 14 (1) $5,484,000,000 shall be for carrying out 15 the Act of August 5, 1954 (42 U.S.C. 2001 et seq.) 16 (commonly referred to as the Transfer Act), the In- 17 dian Self-Determination and Education Assistance 18 Act (25 U.S.C. 5301 et seq.), the Indian Health 19 Care Improvement Act (25 U.S.C. 1601 et seq.), 20 and titles II and III of the Public Health Service 21 Act (42 U.S.C. 201 et seq. and 241 et seq.) with re- 22 spect to the Indian Health Service, of which— 23 (A) $2,000,000,000 shall be for lost reim- 24 bursements, in accordance with section 207 of 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00148 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 149 •HR 1319 RH the Indian Health Care Improvement Act (25 1 U.S.C. 1621f); 2 (B) $500,000,000 shall be for the provi- 3 sion of additional health care services, services 4 provided through the Purchased/Referred Care 5 program, and other related activities; 6 (C) $140,000,000 shall be for information 7 technology, telehealth infrastructure, and the 8 Indian Health Service electronic health records 9 system; 10 (D) $84,000,000 shall be for maintaining 11 operations of the Urban Indian health program, 12 which shall be in addition to other amounts 13 made available under this subsection for Urban 14 Indian organizations (as defined in section 4 of 15 the Indian Health Care Improvement Act (25 16 U.S.C. 1603)); 17 (E) $600,000,000 shall be for necessary 18 expenses to plan, prepare for, promote, dis- 19 tribute, administer, and track COVID–19 vac- 20 cines, for the purposes described in subpara- 21 graphs (F) and (G), and for other vaccine-re- 22 lated activities; 23 (F) $1,500,000,000 shall be for necessary 24 expenses to detect, diagnose, trace, and monitor 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00149 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 150 •HR 1319 RH COVID–19 infections, activities necessary to 1 mitigate the spread of COVID–19, supplies nec- 2 essary for such activities, for the purposes de- 3 scribed in subparagraphs (E) and (G), and for 4 other related activities; 5 (G) $240,000,000 shall be for necessary 6 expenses to establish, expand, and sustain a 7 public health workforce to prevent, prepare for, 8 and respond to COVID–19, other public health 9 workforce-related activities, for the purposes de- 10 scribed in subparagraphs (E) and (F), and for 11 other related activities; and 12 (H) $420,000,000 shall be for necessary 13 expenses related to mental and behavioral 14 health prevention and treatment services, for 15 the purposes described in subparagraph (C) and 16 paragraph (2) as related to mental and behav- 17 ioral health, and for other related activities; 18 (2) $600,000,000 shall be for the lease, pur- 19 chase, construction, alteration, renovation, or equip- 20 ping of health facilities to respond to COVID–19, 21 and for maintenance and improvement projects nec- 22 essary to respond to COVID–19 under section 7 of 23 the Act of August 5, 1954 (42 U.S.C. 2004a), the 24 Indian Self-Determination and Education Assistance 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00150 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 151 •HR 1319 RH Act (25 U.S.C. 5301 et seq.), the Indian Health 1 Care Improvement Act (25 U.S.C. 1601 et seq.), 2 and titles II and III of the Public Health Service 3 Act (42 U.S.C. 202 et seq.) with respect to the In- 4 dian Health Service; and 5 (3) $10,000,000 shall be for carrying out sec- 6 tion 7 of the Act of August 5, 1954 (42 U.S.C. 7 2004a) for expenses relating to potable water deliv- 8 ery. 9 (b) Funds appropriated by subsection (a) shall be 10 made available to restore amounts, either directly or 11 through reimbursement, for obligations for the purposes 12 specified in this section that were incurred to prevent, pre- 13 pare for, and respond to COVID–19 during the period be- 14 ginning on the date on which the public health emergency 15 was declared by the Secretary on January 31, 2020, pur- 16 suant to section 319 of the Public Health Service Act (42 17 U.S.C. 247d) with respect to COVID–19 and ending on 18 the date of the enactment of this Act. 19 (c) Funds made available under subsection (a) to 20 Tribes and Tribal organizations under the Indian Self-De- 21 termination and Education Assistance Act (25 U.S.C. 22 5301 et seq.) shall be available on a one-time basis. Such 23 non-recurring funds shall not be part of the amount re- 24 quired by section 106 of the Indian Self-Determination 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 152 •HR 1319 RH and Education Assistance Act (25 U.S.C. 5325), and such 1 funds shall only be used for the purposes identified in this 2 section. 3 CHAPTER 6—MENTAL HEALTH AND 4 SUBSTANCE USE DISORDER 5 SEC. 3051. FUNDING FOR BLOCK GRANTS FOR COMMUNITY 6 MENTAL HEALTH SERVICES. 7 In addition to amounts otherwise available, there is 8 appropriated to the Secretary for fiscal year 2021, out of 9 any money in the Treasury not otherwise appropriated, 10 $1,750,000,000, to remain available until expended, for 11 carrying out subpart I of part B of title XIX of the Public 12 Health Service Act (42 U.S.C. 300x et seq.), subpart III 13 of part B of title XIX of such Act (42 U.S.C. 300x–51 14 et seq.), and section 505(c) of such Act (42 U.S.C. 290aa– 15 4(c)) with respect to mental health. Notwithstanding sec- 16 tion 1952 of the Public Health Service Act (42 U.S.C. 17 300x–62), any amount awarded to a State out of amounts 18 appropriated by this section shall be expended by the State 19 by September 30, 2025. 20 SEC. 3052. FUNDING FOR BLOCK GRANTS FOR PREVENTION 21 AND TREATMENT OF SUBSTANCE ABUSE. 22 In addition to amounts otherwise available, there is 23 appropriated to the Secretary for fiscal year 2021, out of 24 any money in the Treasury not otherwise appropriated, 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00152 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 153 •HR 1319 RH $1,750,000,000, to remain available until expended, for 1 carrying out subpart II of part B of title XIX of the Public 2 Health Service Act (42 U.S.C. 300x–21 et seq.), subpart 3 III of part B of title XIX of such Act (42 U.S.C. 300x– 4 51 et seq.), section 505(d) of such Act (42 U.S.C. 290aa– 5 4(d)) with respect to substance abuse, and section 515(d) 6 of such Act (42 U.S.C. 290bb–21(d)). Notwithstanding 7 section 1952 of the Public Health Service Act (42 U.S.C. 8 300x–62), any amount awarded to a State out of amounts 9 appropriated by this section shall be expended by the State 10 by September 30, 2025. 11 SEC. 3053. FUNDING FOR MENTAL AND BEHAVIORAL 12 HEALTH TRAINING FOR HEALTH CARE PRO- 13 FESSIONALS, PARAPROFESSIONALS, AND 14 PUBLIC SAFETY OFFICERS. 15 (a) IN GENERAL.—In addition to amounts otherwise 16 available, there is appropriated to the Secretary for fiscal 17 year 2021, out of any money in the Treasury not otherwise 18 appropriated, $80,000,000, to remain available until ex- 19 pended, for the purpose described in subsection (b). 20 (b) USE OF FUNDING.—The Secretary, acting 21 through the Administrator of the Health Resources and 22 Services Administration, shall, taking into consideration 23 the needs of rural and medically underserved communities, 24 use amounts appropriated by subsection (a) to award 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 154 •HR 1319 RH grants or contracts to health professions schools, academic 1 health centers, State or local governments, Indian Tribes 2 and Tribal organizations, or other appropriate public or 3 private nonprofit entities (or consortia of entities, includ- 4 ing entities promoting multidisciplinary approaches), to 5 plan, develop, operate, or participate in health professions 6 and nursing training activities for health care students, 7 residents, professionals, paraprofessionals, trainees, and 8 public safety officers, and employers of such individuals, 9 in evidence-informed strategies for reducing and address- 10 ing suicide, burnout, and mental and behavioral health 11 conditions (including substance use disorders) among 12 health care professionals. 13 SEC. 3054. FUNDING FOR EDUCATION AND AWARENESS 14 CAMPAIGN ENCOURAGING HEALTHY WORK 15 CONDITIONS AND USE OF MENTAL AND BE- 16 HAVIORAL HEALTH SERVICES BY HEALTH 17 CARE PROFESSIONALS. 18 (a) IN GENERAL.—In addition to amounts otherwise 19 available, there is appropriated to the Secretary for fiscal 20 year 2021, out of any money in the Treasury not otherwise 21 appropriated, $20,000,000, to remain available until ex- 22 pended, for the purpose described in subsection (b). 23 (b) USE OF FUNDS.—The Secretary, acting through 24 the Director of the Centers for Disease Control and Pre- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00154 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 155 •HR 1319 RH vention and in consultation with the medical professional 1 community, shall use amounts appropriated by subsection 2 (a) to carry out a national evidence-based education and 3 awareness campaign directed at health care professionals 4 and first responders (such as emergency medical service 5 providers), and employers of such professionals and first 6 responders. Such awareness campaign shall— 7 (1) encourage primary prevention of mental and 8 behavioral health conditions and secondary and ter- 9 tiary prevention by encouraging health care profes- 10 sionals to seek support and treatment for their own 11 behavioral health concerns; 12 (2) help such professionals to identify risk fac- 13 tors in themselves and others and respond to such 14 risks; 15 (3) include information on reducing or pre- 16 venting suicide, substance use disorders, burnout, 17 and other mental and behavioral health conditions, 18 and addressing stigma associated with seeking men- 19 tal and behavioral health support and treatment; 20 and 21 (4) consider the needs of rural and medically 22 underserved communities. 23 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 156 •HR 1319 RH SEC. 3055. FUNDING FOR GRANTS FOR HEALTH CARE PRO- 1 VIDERS TO PROMOTE MENTAL AND BEHAV- 2 IORAL HEALTH AMONG THEIR HEALTH PRO- 3 FESSIONAL WORKFORCE. 4 (a) IN GENERAL.—In addition to amounts otherwise 5 available, there is appropriated to the Secretary for fiscal 6 year 2021, out of any money in the Treasury not otherwise 7 appropriated, $40,000,000, to remain available until ex- 8 pended, for the purpose described in subsection (b). 9 (b) USE OF FUNDS.—The Secretary, acting through 10 the Administrator of the Health Resources and Services 11 Administration, shall, taking into consideration the needs 12 of rural and medically underserved communities, use 13 amounts appropriated by subsection (a) to award grants 14 or contracts to entities providing health care, including 15 health care providers associations and Federally qualified 16 health centers, to establish, enhance, or expand evidence- 17 informed programs or protocols to promote mental and be- 18 havioral health among their providers, other personnel, 19 and members. 20 SEC. 3056. FUNDING FOR COMMUNITY-BASED FUNDING 21 FOR LOCAL SUBSTANCE USE DISORDER 22 SERVICES. 23 (a) IN GENERAL.—In addition to amounts otherwise 24 available, there is appropriated to the Secretary for fiscal 25 year 2021, out of any money in the Treasury not otherwise 26 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 157 •HR 1319 RH appropriated, $30,000,000, to remain available until ex- 1 pended, to carry out the purpose described in subsection 2 (b). 3 (b) USE OF FUNDS.— 4 (1) IN GENERAL.—The Secretary, acting 5 through the Assistant Secretary for Mental Health 6 and Substance Use and in consultation with the Di- 7 rector of the Centers for Disease Control and Pre- 8 vention, shall award grants to support States; local, 9 Tribal, and territorial governments; Tribal organiza- 10 tions; nonprofit community-based organizations; and 11 primary and behavioral health organizations to sup- 12 port community-based overdose prevention pro- 13 grams, syringe services programs, and other harm 14 reduction services, with respect to harms of drug 15 misuse that are exacerbated by the COVID–19 pub- 16 lic health emergency. 17 (2) USE OF GRANT FUNDS.—Grant funds 18 awarded under this section to eligible entities may 19 be used for preventing and controlling the spread of 20 infectious diseases and the consequences of such dis- 21 eases for individuals with substance use disorder, 22 distributing opioid overdose reversal medication to 23 individuals at risk of overdose, connecting individ- 24 uals at risk for, or with, a substance use disorder to 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00157 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 158 •HR 1319 RH overdose education, counseling, and health edu- 1 cation, and encouraging such individuals to take 2 steps to reduce the negative personal and public 3 health impacts of substance use or misuse. 4 SEC. 3057. FUNDING FOR COMMUNITY-BASED FUNDING 5 FOR LOCAL BEHAVIORAL HEALTH NEEDS. 6 (a) IN GENERAL.—In addition to amounts otherwise 7 available, there is appropriated to the Secretary for fiscal 8 year 2021, out of any money in the Treasury not otherwise 9 appropriated, $50,000,000, to remain available until ex- 10 pended, to carry out the purpose described in subsection 11 (b). 12 (b) USE OF FUNDS.— 13 (1) IN GENERAL.—The Secretary, acting 14 through the Assistant Secretary for Mental Health 15 and Substance Use, shall award grants to State, 16 local, Tribal, and territorial governments, Tribal or- 17 ganizations, nonprofit community-based entities, and 18 primary care and behavioral health organizations to 19 address increased community behavioral health 20 needs worsened by the COVID–19 public health 21 emergency. 22 (2) USE OF GRANT FUNDS.—Grant funds 23 awarded under this section to eligible entities may 24 be used for promoting care coordination among local 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00158 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 159 •HR 1319 RH entities; training the mental and behavioral health 1 workforce, relevant stakeholders, and community 2 members; expanding evidence-based integrated mod- 3 els of care; addressing surge capacity for mental and 4 behavioral health needs; providing mental and behav- 5 ioral health services to individuals with mental 6 health needs (including co-occurring substance use 7 disorders) as delivered by behavioral and mental 8 health professionals utilizing telehealth services; and 9 supporting, enhancing, or expanding mental and be- 10 havioral health preventive and crisis intervention 11 services. 12 SEC. 3058. FUNDING FOR THE NATIONAL CHILD TRAU- 13 MATIC STRESS NETWORK. 14 In addition to amounts otherwise available, there is 15 appropriated to the Secretary for fiscal year 2021, out of 16 any money in the Treasury not otherwise appropriated, 17 $10,000,000, to remain available until expended, for car- 18 rying out section 582 of the Public Health Service Act 19 (42 U.S.C. 290hh–1) with respect to addressing the prob- 20 lem of high-risk or medically underserved persons who ex- 21 perience violence-related stress. 22 SEC. 3059. FUNDING FOR PROJECT AWARE. 23 In addition to amounts otherwise available, there is 24 appropriated to the Secretary for fiscal year 2021, out of 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00159 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 160 •HR 1319 RH any money in the Treasury not otherwise appropriated, 1 $30,000,000, to remain available until expended, for car- 2 rying out section 520A of the Public Health Service Act 3 (42 U.S.C. 290bb–32) with respect to advancing wellness 4 and resiliency in education. 5 SEC. 3059A. FUNDING FOR YOUTH SUICIDE PREVENTION. 6 In addition to amounts otherwise available, there is 7 appropriated to the Secretary for fiscal year 2021, out of 8 any money in the Treasury not otherwise appropriated, 9 $20,000,000, to remain available until expended, for car- 10 rying out sections 520E and 520E–2 of the Public Health 11 Service Act (42 U.S.C. 290bb–36, 290bb–36b). 12 SEC. 3059B. FUNDING FOR BEHAVIORAL HEALTH WORK- 13 FORCE EDUCATION AND TRAINING. 14 In addition to amounts otherwise available, there is 15 appropriated to the Secretary for fiscal year 2021, out of 16 any money in the Treasury not otherwise appropriated, 17 $100,000,000, to remain available until expended, for car- 18 rying out section 756 of the Public Health Service Act 19 (42 U.S.C. 294e–1). 20 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00160 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 161 •HR 1319 RH CHAPTER 7—EXCHANGE GRANT 1 PROGRAM 2 SEC. 3061. ESTABLISHING A GRANT PROGRAM FOR EX- 3 CHANGE MODERNIZATION. 4 (a) IN GENERAL.—Out of funds appropriated under 5 subsection (b), the Secretary shall award grants to each 6 American Health Benefits Exchange established under 7 subtitle D of title I of the Patient Protection and Afford- 8 able Care Act (42 U.S.C. 18021 et seq.) (other than an 9 Exchange established by the Secretary under section 10 1321(c) of such Act (42 U.S.C. 18041(c))) that submits 11 to the Secretary an application at such time and in such 12 manner, and containing such information, as specified by 13 the Secretary, for purposes of enabling such Exchange to 14 modernize or update any system, program, or technology 15 utilized by such Exchange to ensure such Exchange is 16 compliant with all applicable requirements of section 1311 17 of such Act (42 U.S.C. 18031). 18 (b) FUNDING.—There is appropriated, out of any 19 monies in the Treasury not otherwise obligated, 20 $20,000,000, to remain available until expended, for car- 21 rying out this section. 22 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 162 •HR 1319 RH Subtitle B—Medicaid 1 SEC. 3101. MANDATORY COVERAGE OF COVID–19 VACCINES 2 AND ADMINISTRATION AND TREATMENT 3 UNDER MEDICAID. 4 (a) COVERAGE.— 5 (1) IN GENERAL.—Section 1905(a)(4) of the 6 Social Security Act (42 U.S.C. 1396d(a)(4)) is 7 amended— 8 (A) by striking ‘‘and (D)’’ and inserting 9 ‘‘(D)’’; and 10 (B) by striking the semicolon at the end 11 and inserting ‘‘; (E) during the period begin- 12 ning on the date of the enactment of the Amer- 13 ican Rescue Plan Act of 2021 and ending on 14 the last day of the first calendar quarter that 15 begins at least one year after the last day of the 16 emergency period described in section 17 1135(g)(1)(B), a COVID–19 vaccine and ad- 18 ministration of the vaccine; and (F) during the 19 period beginning on the date of the enactment 20 of the American Rescue Plan Act of 2021 and 21 ending on the last day of the first calendar 22 quarter that begins at least one year after the 23 last day of the emergency period described in 24 section 1135(g)(1)(B), testing and treatments 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 163 •HR 1319 RH for COVID-19, including specialized equipment 1 and therapies (including preventive therapies), 2 and, without regard to the requirements of sec- 3 tion 1902(a)(10)(B) (relating to comparability), 4 in the case of an individual who is diagnosed 5 with or presumed to have COVID–19, during 6 the period such individual has (or is presumed 7 to have) COVID–19, the treatment of a condi- 8 tion that may seriously complicate the treat- 9 ment of COVID–19, if otherwise covered under 10 the State plan (or waiver of such plan);’’. 11 (2) MAKING COVID–19 VACCINE AVAILABLE TO 12 ADDITIONAL ELIGIBILITY GROUPS AND TREATMENT 13 AVAILABLE TO CERTAIN UNINSURED.—Section 14 1902(a)(10) of such Act (42 U.S.C. 1396a(a)(10)) 15 is amended in the matter following subparagraph 16 (G)— 17 (A) by striking ‘‘and to other conditions 18 which may complicate pregnancy, (VIII)’’ and 19 inserting ‘‘, medical assistance for services re- 20 lated to other conditions which may complicate 21 pregnancy, and medical assistance for vaccines 22 described in section 1905(a)(4)(E) and the ad- 23 ministration of such vaccines during the period 24 described in such section, (VIII)’’; 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00163 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 164 •HR 1319 RH (B) by inserting ‘‘and medical assistance 1 for vaccines described in section 1905(a)(4)(E) 2 and the administration of such vaccines during 3 the period described in such section’’ after ‘‘(de- 4 scribed in subsection (z)(2))’’; 5 (C) by striking ‘‘cancer (XV)’’ and insert- 6 ing ‘‘cancer, (XV)’’; 7 (D) by inserting ‘‘and medical assistance 8 for vaccines described in section 1905(a)(4)(E) 9 and the administration of such vaccines during 10 the period described in such section’’ after ‘‘de- 11 scribed in subsection (k)(1)’’; 12 (E) by inserting ‘‘and medical assistance 13 for vaccines described in section 1905(a)(4)(E) 14 and the administration of such vaccines during 15 the period described in such section’’ after 16 ‘‘family planning setting’’; 17 (F) by striking ‘‘and (XVIII)’’ and insert- 18 ing ‘‘(XVIII)’’; 19 (G) by striking ‘‘and any visit described in 20 section 1916(a)(2)(G) that is furnished during 21 any such portion’’ and inserting ‘‘, any service 22 described in section 1916(a)(2)(G) that is fur- 23 nished during any such portion, any vaccine de- 24 scribed in section 1905(a)(4)(E) (and the ad- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00164 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 165 •HR 1319 RH ministration of such vaccine) that is furnished 1 during any such portion, and testing and treat- 2 ments for COVID-19, including specialized 3 equipment and therapies (including preventive 4 therapies), and, in the case of an individual who 5 is diagnosed with or presumed to have COVID– 6 19, during the period such individual has (or is 7 presumed to have) COVID–19, the treatment of 8 a condition that may seriously complicate the 9 treatment of COVID–19, if otherwise covered 10 under the State plan (or waiver of such plan)’’; 11 and 12 (H) by striking the semicolon at the end 13 and inserting ‘‘, and (XIX) medical assistance 14 shall be made available during the period de- 15 scribed in section 1905(a)(4)(E) for vaccines 16 described in such section and the administra- 17 tion of such vaccines, for any individual who is 18 eligible for and receiving medical assistance 19 under the State plan or under a waiver of such 20 plan (other than an individual who is eligible 21 for medical assistance consisting only of pay- 22 ment of premiums pursuant to subparagraph 23 (E) or (F) or section 1933), notwithstanding 24 any provision of law limiting such individual’s 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00165 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 166 •HR 1319 RH eligibility for medical assistance under such 1 plan or waiver to coverage for a limited type of 2 benefits and services that would not otherwise 3 include coverage of a COVID–19 vaccine and 4 its administration;’’. 5 (3) PROHIBITION OF COST SHARING.— 6 (A) IN GENERAL.—Subsections (a)(2) and 7 (b)(2) of section 1916 of the Social Security 8 Act (42 U.S.C. 1396o) are each amended— 9 (i) in subparagraph (F), by striking 10 ‘‘or’’ at the end; 11 (ii) in subparagraph (G), by striking 12 ‘‘; and’’; and 13 (iii) by adding at the end the fol- 14 lowing subparagraphs: 15 ‘‘(H) during the period beginning on the 16 date of the enactment of this subparagraph and 17 ending on the last day of the first calendar 18 quarter that begins at least one year after the 19 last day of the emergency period described in 20 section 1135(g)(1)(B), a COVID–19 vaccine 21 and the administration of such vaccine (for any 22 individual eligible for medical assistance for 23 such vaccine (and administration)); or 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00166 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 167 •HR 1319 RH ‘‘(I) during the period beginning on the 1 date of the enactment of this subparagraph and 2 ending on the last day of the first calendar 3 quarter that begins at least one year after the 4 last day of the emergency period described in 5 section 1135(g)(1)(B), testing and treatments 6 for COVID-19, including specialized equipment 7 and therapies (including preventive therapies), 8 and, in the case of an individual who is diag- 9 nosed with or presumed to have COVID–19, 10 during the period during which such individual 11 has (or is presumed to have) COVID–19, the 12 treatment of a condition that may seriously 13 complicate the treatment of COVID–19, if oth- 14 erwise covered under the State plan (or waiver 15 of such plan); and’’. 16 (B) APPLICATION TO ALTERNATIVE COST 17 SHARING.—Section 1916A(b)(3)(B) of the So- 18 cial Security Act (42 U.S.C. 1396o–1(b)(3)(B)) 19 is amended— 20 (i) in clause (xi), by striking ‘‘any 21 visit’’ and inserting ‘‘any service’’; and 22 (ii) by adding at the end the following 23 clauses: 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00167 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 168 •HR 1319 RH ‘‘(xii) During the period beginning on 1 the date of the enactment of this clause 2 and ending on the last day of the first cal- 3 endar quarter that begins at least one year 4 after the last day of the emergency period 5 described in section 1135(g)(1)(B), a 6 COVID–19 vaccine and the administration 7 of such vaccine (for any individual eligible 8 for medical assistance for such vaccine 9 (and administration)). 10 ‘‘(xiii) During the period beginning on 11 the date of the enactment of this clause 12 and ending on the last day of the first cal- 13 endar quarter that begins at least one year 14 after the last day of the emergency period 15 described in section 1135(g)(1)(B), testing 16 and treatments for COVID-19, including 17 specialized equipment and therapies (in- 18 cluding preventive therapies), and, in the 19 case of an individual who is diagnosed with 20 or presumed to have COVID–19, during 21 the period during which such individual 22 has (or is presumed to have) COVID–19, 23 the treatment of a condition that may seri- 24 ously complicate the treatment of COVID– 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00168 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 169 •HR 1319 RH 19, if otherwise covered under the State 1 plan (or waiver of such plan).’’. 2 (4) INCLUSION IN THE MEDICAID DRUG RE- 3 BATE PROGRAM OF COVERED OUTPATIENT DRUGS 4 USED FOR COVID–19 TREATMENT.— 5 (A) IN GENERAL.—The requirements of 6 section 1927 of the Social Security Act (42 7 U.S.C. 1396r–8) shall apply to any drug or bio- 8 logical product described in subparagraph (F) 9 of section 1905(a)(4) of such Act, as added by 10 paragraph (1), or described in the subclause 11 (XVIII) in the matter following subparagraph 12 (G) of section 1902(a)(10) of such Act, as 13 added by paragraph (2), that is— 14 (i) furnished as medical assistance in 15 accordance with such subparagraph (F) or 16 subclause (XVIII), as applicable, for the 17 treatment, or prevention, of COVID-19, as 18 described in such subparagraph of sub- 19 clause, respectively; and 20 (ii) a covered outpatient drug (as de- 21 fined in section 1927(k) of such Act, ex- 22 cept that, in applying paragraph (2)(A) of 23 such section to a drug described in such 24 subparagraph (F) or such subclause 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00169 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 170 •HR 1319 RH (XVIII), such drug shall be deemed a pre- 1 scribed drug for purposes of section 2 1905(a)(12) of such Act). 3 (B) CONFORMING AMENDMENT.—Section 4 1927(d)(7) of the Social Security Act (42 5 U.S.C. 1396r–8(d)(7)) is amended by adding at 6 the end the following new subparagraph: 7 ‘‘(E) Drugs and biological products de- 8 scribed in section 1905(a)(4)(F) and subclause 9 (XVIII) in the matter following subparagraph 10 (G) of section 1902(a)(10) that are furnished 11 as medical assistance in accordance with such 12 section or clause, respectively, for the treatment 13 or prevention, of COVID–19, as described in 14 such subparagraph of subclause, respectively.’’. 15 (5) ALTERNATIVE BENEFIT PLANS.—Section 16 1937(b) of the Social Security Act (42 U.S.C. 17 1396u–7(b)) is amended by adding at the end the 18 following new paragraph: 19 ‘‘(8) COVID–19 VACCINES, TESTING, AND 20 TREATMENT.—Notwithstanding the previous provi- 21 sions of this section, a State may not provide for 22 medical assistance through enrollment of an indi- 23 vidual with benchmark coverage or benchmark-equiv- 24 alent coverage under this section unless, during the 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00170 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 171 •HR 1319 RH period beginning on the date of the enactment of the 1 American Rescue Plan Act of 2021 and ending on 2 the last day of the first calendar quarter that begins 3 at least one year after the last day of the emergency 4 period described in section 1135(g)(1)(B), such cov- 5 erage includes (and does not impose any deduction, 6 cost sharing, or similar charge for)— 7 ‘‘(A) COVID–19 vaccines and administra- 8 tion of the vaccines; and 9 ‘‘(B) testing and treatments for COVID- 10 19, including specialized equipment and thera- 11 pies (including preventive therapies), and, in 12 the case of such an individual who is diagnosed 13 with or presumed to have COVID–19, during 14 the period such individual has (or is presumed 15 to have) COVID–19, the treatment of a condi- 16 tion that may seriously complicate the treat- 17 ment of COVID–19, if otherwise covered under 18 the State plan (or waiver of such plan).’’. 19 (b) TEMPORARY INCREASE IN FEDERAL PAYMENTS 20 FOR COVERAGE AND ADMINISTRATION OF COVID–19 21 VACCINES.—Section 1905 of the Social Security Act (42 22 U.S.C. 1396d) is amended— 23 (1) in subsection (b), by striking ‘‘and (ff)’’ and 24 inserting ‘‘(ff), and (hh)’’; 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00171 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 172 •HR 1319 RH (2) in subsection (ff), in the matter preceding 1 paragraph (1), by inserting ‘‘, subject to subsection 2 (hh)’’ after ‘‘or (z)(2)’’ and 3 (3) by adding at the end the following new sub- 4 section: 5 ‘‘(hh) TEMPORARY INCREASED FMAP FOR MEDICAL 6 ASSISTANCE FOR COVERAGE AND ADMINISTRATION OF 7 COVID–19 VACCINES.— 8 ‘‘(1) IN GENERAL.—Notwithstanding any other 9 provision of this title, during the period described in 10 paragraph (2), the Federal medical assistance per- 11 centage for a State, with respect to amounts ex- 12 pended by the State for medical assistance for a vac- 13 cine described in subsection (a)(4)(E) (and the ad- 14 ministration of such a vaccine), shall be equal to 100 15 percent. 16 ‘‘(2) PERIOD DESCRIBED.—The period de- 17 scribed in this paragraph is the period that— 18 ‘‘(A) begins on the first day of the first 19 quarter beginning after the date of the enact- 20 ment of this subsection; and 21 ‘‘(B) ends on the last day of the first quar- 22 ter that begins at least one year after the last 23 day of the emergency period described in sec- 24 tion 1135(g)(1)(B). 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 173 •HR 1319 RH ‘‘(3) EXCLUSION OF EXPENDITURES FROM TER- 1 RITORIAL CAPS.—Any payment made to a territory 2 for expenditures for medical assistance under sub- 3 section (a)(4)(E) that are subject to the Federal 4 medical assistance percentage specified under para- 5 graph (1) shall not be taken into account for pur- 6 poses of applying payment limits under subsections 7 (f) and (g) of section 1108.’’. 8 SEC. 3102. MODIFICATIONS TO CERTAIN COVERAGE UNDER 9 MEDICAID FOR PREGNANT AND 10 POSTPARTUM WOMEN. 11 (a) STATE OPTION.—Section 1902(e) of the Social 12 Security Act (42 U.S.C. 1396a(e)) is amended by adding 13 at the end the following new paragraph: 14 ‘‘(16) EXTENDING CERTAIN COVERAGE FOR 15 PREGNANT AND POSTPARTUM WOMEN.— 16 ‘‘(A) IN GENERAL.—At the option of the 17 State, the State plan (or waiver of such State 18 plan) may provide, that an individual who, 19 while pregnant, is eligible for and has received 20 medical assistance under the State plan ap- 21 proved under this title (or a waiver of such 22 plan) (including during a period of retroactive 23 eligibility under subsection (a)(34)) shall, in ad- 24 dition to remaining eligible under paragraph (5) 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00173 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 174 •HR 1319 RH for all pregnancy-related and postpartum med- 1 ical assistance available under the State plan 2 (or waiver) through the last day of the month 3 in which the 60-day period (beginning on the 4 last day of her pregnancy) ends, remain eligible 5 under the State plan (or waiver) for medical as- 6 sistance for the period beginning on the first 7 day occurring after the end of such 60-day pe- 8 riod and ending on the last day of the month 9 in which the 12-month period (beginning on the 10 last day of her pregnancy) ends. 11 ‘‘(B) FULL BENEFITS DURING PREGNANCY 12 AND THROUGHOUT THE 12-MONTH 13 POSTPARTUM PERIOD.—The medical assistance 14 provided for a pregnant or postpartum indi- 15 vidual by a State making an election under this 16 paragraph, without regard to the basis on which 17 the individual is eligible for medical assistance 18 under the State plan (or waiver), shall— 19 ‘‘(i) include all items and services cov- 20 ered under the State plan (or waiver) that 21 are not less in amount, duration, or scope, 22 or are determined by the Secretary to be 23 substantially equivalent, to the medical as- 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00174 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 175 •HR 1319 RH sistance available for an individual de- 1 scribed in subsection (a)(10)(A)(i); and 2 ‘‘(ii) be provided for the individual 3 while pregnant and during the 12-month 4 period that begins on the last day of the 5 individual’s pregnancy and ends on the last 6 day of the month in which such 12-month 7 period ends.’’. 8 (b) EFFECTIVE DATE.—The amendment made by 9 subsection (a) shall apply with respect to State elections 10 made under paragraph (16) of section 1902(e) of the So- 11 cial Security Act (42 U.S.C. 1396a(e)), as added by sub- 12 section (a), during the 5-year period beginning on the 1st 13 day of the 1st fiscal year quarter that begins at least one 14 year after the date of the enactment of this Act. 15 SEC. 3103. ALLOWING FOR MEDICAL ASSISTANCE UNDER 16 MEDICAID FOR INMATES DURING 30-DAY PE- 17 RIOD PRECEDING RELEASE. 18 The subdivision (A) following paragraph (30) of sec- 19 tion 1905(a) of the Social Security Act (42 U.S.C. 20 1396d(a)) is amended by inserting ‘‘and, during the 5- 21 year period beginning on the first day of the first fiscal 22 year quarter that begins at least one year after the date 23 of the enactment of the American Rescue Plan Act of 24 2021, except during the 30-day period preceding the date 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00175 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 176 •HR 1319 RH of release of such individual from such public institution’’ 1 after ‘‘medical institution’’. 2 SEC. 3104. ENHANCED FEDERAL MEDICAID SUPPORT FOR 3 COMMUNITY-BASED MOBILE CRISIS INTER- 4 VENTION SERVICES. 5 Section 1903 of the Social Security Act (42 U.S.C. 6 1396b) is amended by adding at the end the following new 7 subsection: 8 ‘‘(bb) BUNDLED COMMUNITY-BASED MOBILE CRISIS 9 INTERVENTION SERVICES.— 10 ‘‘(1) IN GENERAL.—Notwithstanding section 11 1902(a)(1) (relating to Statewideness), section 12 1902(a)(10)(B) (relating to comparability), section 13 1902(a)(23)(A) (relating to freedom of choice of 14 providers), or section 1902(a)(27) (relating to pro- 15 vider agreements), a State may, during the 5-year 16 period beginning on the first day of the first fiscal 17 year quarter that begins on or after the date that 18 is 1 year after the date of the enactment of this sub- 19 section, provide medical assistance, through bundled 20 payments, for qualifying community-based mobile 21 crisis intervention services under a State plan 22 amendment or waiver approved under section 1115 23 or subsection (b) or (c) of section 1915. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00176 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 177 •HR 1319 RH ‘‘(2) QUALIFYING COMMUNITY-BASED MOBILE 1 CRISIS INTERVENTION SERVICES DEFINED.—For 2 purposes of this subsection, the term ‘qualifying 3 community-based mobile crisis intervention services’ 4 means, with respect to a State, items and services 5 for which medical assistance is available under the 6 State plan under this title or a waiver of such plan, 7 that are— 8 ‘‘(A) furnished to an individual otherwise 9 eligible for medical assistance under the State 10 plan (or waiver of such plan) who is— 11 ‘‘(i) outside of a hospital or other fa- 12 cility setting; and 13 ‘‘(ii) experiencing a mental health or 14 substance use disorder crisis; 15 ‘‘(B) furnished by a multidisciplinary mo- 16 bile crisis team— 17 ‘‘(i) that includes at least 1 behavioral 18 health care professional who is capable of 19 conducting an assessment of the individual, 20 in accordance with the professional’s per- 21 mitted scope of practice under State law, 22 and other professionals or paraprofes- 23 sionals with appropriate expertise in behav- 24 ioral health or mental health crisis re- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00177 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 178 •HR 1319 RH sponse, including nurses, social workers, 1 peer support specialists, and others, as 2 designated by the State through a State 3 plan amendment (or waiver of such plan); 4 ‘‘(ii) whose members are trained in 5 trauma-informed care, de-escalation strate- 6 gies, and harm reduction; 7 ‘‘(iii) that is able to respond in a 8 timely manner and, where appropriate, 9 provide— 10 ‘‘(I) screening and assessment; 11 ‘‘(II) stabilization and de-esca- 12 lation; 13 ‘‘(III) coordination with, and re- 14 ferrals to, health, social, and other 15 services and supports as needed; and 16 ‘‘(IV) assistance in facilitating 17 the individual’s access to emergency 18 or nonemergency (as applicable) 19 transportation services under the 20 State plan (or waiver of such plan) to 21 ensure access to the next step in care 22 or treatment; 23 ‘‘(iv) that maintains relationships with 24 relevant community partners, including 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00178 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 179 •HR 1319 RH medical and behavioral health providers, 1 primary care providers, community health 2 centers, crisis respite centers, managed 3 care organizations (if applicable), entities 4 able to provide assistance with application 5 and enrollment in the State plan or a waiv- 6 er of the plan, entities able to provide as- 7 sistance with applying for and enrolling in 8 benefit programs, entities that provide as- 9 sistance with housing (such as public hous- 10 ing authorities, Continuum of Care pro- 11 grams, or not-for-profit entities that pro- 12 vide housing assistance), and entities that 13 provide assistance with other social serv- 14 ices; 15 ‘‘(v) that coordinates with crisis inter- 16 vention hotlines and emergency response 17 systems; 18 ‘‘(vi) that maintains the privacy and 19 confidentiality of patient information con- 20 sistent with Federal and State require- 21 ments; and 22 ‘‘(vii) that operates independently 23 from (but may coordinate with) State or 24 local law enforcement agencies; 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00179 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 180 •HR 1319 RH ‘‘(C) available 24 hours per day, every day 1 of the year; and 2 ‘‘(D) voluntary to receive. 3 ‘‘(3) PAYMENTS.— 4 ‘‘(A) IN GENERAL.—Notwithstanding sec- 5 tion 1905(b) or 1905(ff) and subject to sub- 6 sections (y) and (z) of section 1905, during 7 each of the first 12 fiscal quarters occurring 8 during the period described in paragraph (1) 9 that a State meets the requirements described 10 in paragraph (4), the Federal medical assist- 11 ance percentage applicable to amounts ex- 12 pended by the State for medical assistance, 13 through bundled payments described in para- 14 graph (1), for qualifying community-based mo- 15 bile crisis intervention services furnished during 16 such quarter shall be equal to 85 percent. In no 17 case shall the application of the previous sen- 18 tence result in the Federal medical assistance 19 percentage applicable to amounts expended by a 20 State for medical assistance for such qualifying 21 community-based mobile crisis intervention 22 services furnished during a quarter being less 23 than the Federal medical assistance percentage 24 that would apply to such amounts expended by 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00180 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 181 •HR 1319 RH the State for such services furnished during 1 such quarter without application of the previous 2 sentence. 3 ‘‘(B) EXCLUSION OF EXPENDITURES FROM 4 TERRITORIAL CAPS.—Expenditures for medical 5 assistance consisting of qualifying community- 6 based mobile crisis intervention services fur- 7 nished in a territory during a quarter with re- 8 spect to which subparagraph (A) applies to 9 such territory shall not be taken into account 10 for purposes of applying payment limits under 11 subsections (f) and (g) of section 1108. 12 ‘‘(4) REQUIREMENTS.—The requirements de- 13 scribed in this paragraph are the following: 14 ‘‘(A) The State demonstrates, to the satis- 15 faction of the Secretary— 16 ‘‘(i) that it will be able to support the 17 provision of qualifying community-based 18 mobile crisis intervention services that 19 meet the conditions specified in paragraph 20 (2); and 21 ‘‘(ii) how it will support coordination 22 between mobile crisis teams and commu- 23 nity partners, including health care pro- 24 viders, to enable the provision of services, 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00181 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 182 •HR 1319 RH needed referrals, and other activities iden- 1 tified by the Secretary. 2 ‘‘(B) The State provides assurances satis- 3 factory to the Secretary that— 4 ‘‘(i) any additional Federal funds re- 5 ceived by the State for qualifying commu- 6 nity-based mobile crisis intervention serv- 7 ices provided under this subsection that 8 are attributable to the increased Federal 9 medical assistance percentage under para- 10 graph (3)(A) will be used to supplement, 11 and not supplant, the level of State funds 12 expended for such services for the fiscal 13 year preceding the first fiscal quarter oc- 14 curring during the period described in 15 paragraph (1); 16 ‘‘(ii) if the State made qualifying com- 17 munity-based mobile crisis intervention 18 services available in a region of the State 19 in such fiscal year, the State will continue 20 to make such services available in such re- 21 gion under this subsection during each 22 month occurring during the period de- 23 scribed in paragraph (1) for which the 24 Federal medical assistance percentage 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00182 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 183 •HR 1319 RH under paragraph (3)(A) is applicable with 1 respect to the State. 2 ‘‘(5) FUNDING FOR STATE PLANNING 3 GRANTS.—There is appropriated, out of any funds in 4 the Treasury not otherwise appropriated, 5 $15,000,000 to the Secretary for purposes of imple- 6 menting, administering, and making planning grants 7 to States as soon as practicable for purposes of de- 8 veloping a State plan amendment or section 1115, 9 1915(b), or 1915(c) waiver request (or an amend- 10 ment to such a waiver) to provide qualifying commu- 11 nity-based mobile crisis intervention services under 12 this subsection, to remain available until expended.’’. 13 SEC. 3105. TEMPORARY INCREASE IN FMAP FOR MEDICAL 14 ASSISTANCE UNDER STATE MEDICAID PLANS 15 WHICH BEGIN TO EXPEND AMOUNTS FOR 16 CERTAIN MANDATORY INDIVIDUALS. 17 Section 1905 of the Social Security Act (42 U.S.C. 18 1396d), as amended by section 3101 of this subtitle, is 19 further amended— 20 (1) in subsection (b), in the first sentence, by 21 striking ‘‘and (hh)’’ and inserting ‘‘(hh), and (ii)’’; 22 (2) in subsection (ff), by striking ‘‘subject to 23 subsection (hh)’’ and inserting ‘‘subject to sub- 24 sections (hh) and (ii)’’; and 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00183 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 184 •HR 1319 RH (3) by adding at the end the following new sub- 1 section: 2 ‘‘(ii) TEMPORARY INCREASE IN FMAP FOR MEDICAL 3 ASSISTANCE UNDER STATE MEDICAID PLANS WHICH 4 BEGIN TO EXPEND AMOUNTS FOR CERTAIN MANDATORY 5 INDIVIDUALS.— 6 ‘‘(1) IN GENERAL.—For each quarter occurring 7 during the 8-quarter period beginning with the first 8 calendar quarter during which a qualifying State (as 9 defined in paragraph (3)) expends amounts for all 10 individuals described in section 11 1902(a)(10)(A)(i)(VIII) under the State plan (or 12 waiver of such plan), the Federal medical assistance 13 percentage determined under subsection (b) for such 14 State shall, after application of any increase, if ap- 15 plicable, under section 6008 of the Families First 16 Coronavirus Response Act, be increased by 5 per- 17 centage points, except for any quarter (and each 18 subsequent quarter) during such period during 19 which the State ceases to provide medical assistance 20 to any such individual under the State plan (or 21 waiver of such plan). 22 ‘‘(2) SPECIAL APPLICATION RULES.—Any in- 23 crease described in paragraph (1) (or payment made 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00184 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 185 •HR 1319 RH for expenditures on medical assistance that are sub- 1 ject to such increase)— 2 ‘‘(A) shall not apply with respect to dis- 3 proportionate share hospital payments described 4 in section 1923; 5 ‘‘(B) shall not be taken into account in cal- 6 culating the enhanced FMAP of a State under 7 section 2105; 8 ‘‘(C) shall not be taken into account for 9 purposes of part A, D, or E of title IV; and 10 ‘‘(D) shall not be taken into account for 11 purposes of applying payment limits under sub- 12 sections (f) and (g) of section 1108. 13 ‘‘(3) DEFINITION.—For purposes of this sub- 14 section, the term ‘qualifying State’ means a State 15 which has not expended amounts for all individuals 16 described in section 1902(a)(10)(A)(i)(VIII) before 17 the date of the enactment of this subsection.’’. 18 SEC. 3106. EXTENSION OF 100 PERCENT FEDERAL MEDICAL 19 ASSISTANCE PERCENTAGE TO URBAN INDIAN 20 HEALTH ORGANIZATIONS AND NATIVE HA- 21 WAIIAN HEALTH CARE SYSTEMS. 22 Section 1905(b) of the Social Security Act (42 U.S.C. 23 1396d(b)) is amended by inserting after ‘‘(as defined in 24 section 4 of the Indian Health Care Improvement Act)’’ 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00185 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 186 •HR 1319 RH the following: ‘‘; for the 8 fiscal year quarters beginning 1 with the first fiscal year quarter beginning after the date 2 of the enactment of the American Rescue Plan Act of 3 2021, the Federal medical assistance percentage shall also 4 be 100 per centum with respect to amounts expended as 5 medical assistance for services which are received through 6 an Urban Indian organization (as defined in paragraph 7 (29) of section 4 of the Indian Health Care Improvement 8 Act) that has a grant or contract with the Indian Health 9 Service under title V of such Act; and, for such 8 fiscal 10 year quarters, the Federal medical assistance percentage 11 shall also be 100 per centum with respect to amounts ex- 12 pended as medical assistance for services which are re- 13 ceived through a Native Hawaiian Health Center (as de- 14 fined in section 12(4) of the Native Hawaiian Health Care 15 Improvement Act) or a qualified entity (as defined in sec- 16 tion 6(b) of such Act) that has a grant or contract with 17 the Papa Ola Lokahi under section 8 of such Act’’. 18 SEC. 3107. SUNSET OF LIMIT ON MAXIMUM REBATE 19 AMOUNT FOR SINGLE SOURCE DRUGS AND 20 INNOVATOR MULTIPLE SOURCE DRUGS. 21 Section 1927(c)(2)(D) of the Social Security Act (42 22 U.S.C. 1396r–8(c)(2)(D)) is amended by inserting after 23 ‘‘December 31, 2009,’’ the following: ‘‘and before January 24 1, 2023,’’. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00186 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 187 •HR 1319 RH SEC. 3108. ADDITIONAL SUPPORT FOR MEDICAID HOME 1 AND COMMUNITY-BASED SERVICES DURING 2 THE COVID–19 EMERGENCY PERIOD. 3 (a) INCREASED FMAP.— 4 (1) IN GENERAL.—Notwithstanding section 5 1905(b) of the Social Security Act (42 U.S.C. 6 1396d(b)) or section 1905(ff), in the case of a State 7 that meets the HCBS program conditions under 8 subsection (b), the Federal medical assistance per- 9 centage determined for the State under section 10 1905(b) of such Act (or, if applicable, under section 11 1905(ff)) and, if applicable, increased under sub- 12 section (y), (z), (aa), or (ii) of section 1905 of such 13 Act (42 U.S.C. 1396d), section 1915(k) of such Act 14 (42 U.S.C. 1396n(k)), or section 6008(a) of the 15 Families First Coronavirus Response Act (Public 16 Law 116–127), shall be increased by 7.35 percent- 17 age points with respect to expenditures of the State 18 under the State Medicaid program for home and 19 community-based services (as defined in paragraph 20 (2)(B)) that are provided during the HCBS program 21 improvement period (as defined in paragraph 22 (2)(A)). In no case may the application of the pre- 23 vious sentence result in the Federal medical assist- 24 ance percentage determined for a State being more 25 than 95 percent with respect to such expenditures. 26 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00187 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 188 •HR 1319 RH Any payment made to Puerto Rico, the Virgin Is- 1 lands, Guam, the Northern Mariana Islands, or 2 American Samoa for expenditures on medical assist- 3 ance that are subject to the Federal medical assist- 4 ance percentage increase specified under the first 5 sentence of this paragraph shall not be taken into 6 account for purposes of applying payment limits 7 under subsections (f) and (g) of section 1108 of the 8 Social Security Act (42 U.S.C. 1308). 9 (2) DEFINITIONS.—In this section: 10 (A) HCBS PROGRAM IMPROVEMENT PE- 11 RIOD.—The term ‘‘HCBS program improve- 12 ment period’’ means, with respect to a State, 13 the period— 14 (i) beginning on April 1, 2021; and 15 (ii) ending on March 31, 2022. 16 (B) HOME AND COMMUNITY-BASED SERV- 17 ICES.—The term ‘‘home and community-based 18 services’’ means any of the following: 19 (i) Home health care services author- 20 ized under paragraph (7) of section 21 1905(a) of the Social Security Act (42 22 U.S.C. 1396d(a)). 23 (ii) Personal care services authorized 24 under paragraph (24) of such section. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00188 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 189 •HR 1319 RH (iii) PACE services authorized under 1 paragraph (26) of such section. 2 (iv) Home and community-based serv- 3 ices authorized under subsections (b), (c), 4 (i), (j), and (k) of section 1915 of such Act 5 (42 U.S.C. 1396n), such services author- 6 ized under a waiver under section 1115 of 7 such Act (42 U.S.C. 1315), and such serv- 8 ices through coverage authorized under 9 section 1937 of such Act (42 U.S.C. 10 1396u–7). 11 (v) Case management services author- 12 ized under section 1905(a)(19) of the So- 13 cial Security Act (42 U.S.C. 1396d(a)(19)) 14 and section 1915(g) of such Act (42 15 U.S.C. 1396n(g)). 16 (vi) Rehabilitative services, including 17 those related to behavioral health, de- 18 scribed in section 1905(a)(13) of such Act 19 (42 U.S.C. 1396d(a)(13)). 20 (vii) Such other services specified by 21 the Secretary of Health and Human Serv- 22 ices. 23 (C) COVID–19 PUBLIC HEALTH EMER- 24 GENCY PERIOD.—The term ‘‘COVID–19 public 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00189 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 190 •HR 1319 RH health emergency period’’ means the portion of 1 the emergency period described in paragraph 2 (1)(B) of section 1135(g) of the Social Security 3 Act (42 U.S.C. 1320b–5(g)) beginning on or 4 after the date of the enactment of this Act. 5 (D) ELIGIBLE INDIVIDUAL.—The term ‘‘el- 6 igible individual’’ means an individual who is el- 7 igible for and enrolled for medical assistance 8 under a State Medicaid program and includes 9 an individual who becomes eligible for medical 10 assistance under a State Medicaid program 11 when removed from a waiting list. 12 (E) MEDICAID PROGRAM.—The term 13 ‘‘Medicaid program’’ means, with respect to a 14 State, the State program under title XIX of the 15 Social Security Act (42 U.S.C. 1396 et seq.) 16 (including any waiver or demonstration under 17 such title or under section 1115 of such Act (42 18 U.S.C. 1315) relating to such title). 19 (F) STATE.—The term ‘‘State’’ has the 20 meaning given such term for purposes of title 21 XIX of the Social Security Act (42 U.S.C. 1396 22 et seq.). 23 (b) STATE REQUIREMENTS FOR FMAP INCREASE.— 24 As conditions for receipt of the increase under subsection 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00190 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 191 •HR 1319 RH (a) to the Federal medical assistance percentage deter- 1 mined for a State, the State shall meet each of the fol- 2 lowing conditions (referred to in subsection (a) as the 3 HCBS program conditions): 4 (1) SUPPLEMENT, NOT SUPPLANT.—The State 5 shall use the Federal funds attributable to the in- 6 crease under subsection (a) to supplement, and not 7 supplant, the level of State funds expended for home 8 and community-based services for eligible individuals 9 through programs in effect as of April 1, 2021. 10 (2) REQUIRED IMPLEMENTATION OF CERTAIN 11 ACTIVITIES.—The State shall implement one or 12 more of the following activities to enhance, expand, 13 or strengthen home and community-based services 14 under the State Medicaid program: 15 (A) Increase rates for home health agen- 16 cies, PACE organizations whose members pro- 17 vide direct care, and agencies or beneficiaries 18 that employ direct support professionals (in- 19 cluding independent providers in a self-directed 20 or consumer-directed model) to provide home 21 and community-based services under the State 22 Medicaid program, if elected by the beneficiary 23 for continuation of care, provided that any 24 agency, beneficiary, or other individual that re- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00191 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 192 •HR 1319 RH ceives payment under such an increased rate in- 1 creases the compensation it pays its home 2 health workers or direct support professionals. 3 (B) Provide paid sick leave, paid family 4 leave, and paid medical leave for home health 5 workers and direct support professionals. 6 (C) Provide hazard pay, overtime pay, and 7 shift differential pay for home health workers 8 and direct support professionals. 9 (D) Provide home and community-based 10 services to eligible individuals in order to reduce 11 waiting lists for programs approved under sec- 12 tions 1115 or 1915 of the Social Security Act 13 (42 U.S.C. 1315, 1396n). 14 (E) Purchase emergency supplies and 15 equipment, which may include items not typi- 16 cally covered under the Medicaid program nec- 17 essary to enhance access to services and to pro- 18 tect the health and well-being of home health 19 workers and direct support professionals. 20 (F) Recruit new home health workers and 21 direct support professionals. 22 (G) Support family care providers of eligi- 23 ble individuals with needed supplies and equip- 24 ment, which may include items not typically 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00192 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 193 •HR 1319 RH covered under the Medicaid program, such as 1 personal protective equipment, and pay. 2 (H) Pay for training for home health 3 workers and direct support professionals that is 4 specific to the COVID–19 public health emer- 5 gency. 6 (I) Pay for assistive technologies, staffing, 7 and other costs incurred during the COVID–19 8 public health emergency period in order to miti- 9 gate isolation and ensure an individual’s per- 10 son-centered service plan continues to be fully 11 implemented. 12 (J) Prepare information and public health 13 and educational materials in accessible formats 14 (including formats accessible to people with low 15 literacy or intellectual disabilities) about preven- 16 tion, treatment, recovery and other aspects of 17 COVID–19 for eligible individuals, their fami- 18 lies, and the general community served by com- 19 munity partners, such as Area Agencies on 20 Aging, Centers for Independent Living, non- 21 profit home and community-based services pro- 22 viders, and other entities providing home and 23 community-based services. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00193 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 194 •HR 1319 RH (K) Pay for American sign language and 1 other languages interpreters to assist in pro- 2 viding home and community-based services to 3 eligible individuals and to inform the general 4 public about COVID–19. 5 (L) Pay for retainer payments for home 6 and community-based services providers, includ- 7 ing home health workers and direct support 8 professionals (regardless of whether such pay- 9 ments directly benefit a beneficiary) which may 10 be provided without limits on duration during 11 the COVID–19 public health emergency period. 12 (M) Pay for other expenses deemed appro- 13 priate by the Secretary to enhance, expand, or 14 strengthen Home and Community-Based Serv- 15 ices and expenses which meet the criteria of the 16 home and community-based settings rule pub- 17 lished on January 16, 2014. 18 (N) Support (including by paying for mov- 19 ing costs, security deposits or first month’s 20 rent, one-time stocking of food products suffi- 21 cient for the initial month, and other one-time 22 expenses and start-up costs) transitions from 23 institutional settings, congregate community 24 settings, and homeless shelters or other tem- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00194 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 195 •HR 1319 RH porary housing for individuals who are eligible 1 for home and community-based services. 2 (O) Assist eligible individuals in receiving 3 mental health services and necessary rehabilita- 4 tive service to regain skills lost during the 5 COVID–19 public health emergency period. 6 (P) Assist eligible individuals who had to 7 relocate to a nursing facility or institutional set- 8 ting from their homes during the COVID–19 9 public health emergency period, who were iso- 10 lated in their homes during such period, or who 11 moved into congregate non-institutional settings 12 as a result of such period, in— 13 (i) moving back to their homes (in- 14 cluding by paying for moving costs, secu- 15 rity deposits or first month’s rent, one- 16 time stocking of food products sufficient 17 for the initial month, and other one-time 18 expenses and start-up costs); and 19 (ii) continuing home and community- 20 based services for eligible individuals who 21 were served from a waiting list for such 22 services during the public health emer- 23 gency period. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00195 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 196 •HR 1319 RH SEC. 3109. FUNDING FOR STATE STRIKE TEAMS FOR RESI- 1 DENT AND EMPLOYEE SAFETY IN NURSING 2 FACILITIES. 3 Section 1919 of the Social Security Act (42 U.S.C. 4 1396r) is amended by adding at the end the following new 5 subsection: 6 ‘‘(k) FUNDING FOR STATE STRIKE TEAMS.—In addi- 7 tion to amounts otherwise available, there is appropriated 8 to the Secretary, out of any monies in the Treasury not 9 otherwise appropriated, $250,000,000, to remain available 10 until expended, for purposes of allocating such amount 11 among the States (including the District of Columbia and 12 each territory of the United States) to increase the capac- 13 ity of such a State to respond to COVID–19 by allowing 14 such a State to establish and implement a strike team that 15 will be deployed to a nursing facility in the State with di- 16 agnosed or suspected cases of COVID–19 among residents 17 or staff for the purposes of assisting with clinical care, 18 infection control, or staffing during the emergency period 19 described in section 1135(g)(1)(B).’’. 20 Subtitle C—Children’s Health 21 Insurance Program 22 SEC. 3201. MANDATORY COVERAGE OF COVID–19 VACCINES 23 AND ADMINISTRATION AND TREATMENT 24 UNDER CHIP. 25 (a) COVERAGE.— 26 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00196 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 197 •HR 1319 RH (1) IN GENERAL.—Section 2103(c) of the So- 1 cial Security Act (42 U.S.C. 1397cc(c)) is amended 2 by adding at the end the following paragraph: 3 ‘‘(11) REQUIRED COVERAGE OF COVID–19 VAC- 4 CINES AND TREATMENT.—Regardless of the type of 5 coverage elected by a State under subsection (a), the 6 child health assistance provided for a targeted low- 7 income child, and, in the case of a State that elects 8 to provide pregnancy-related assistance pursuant to 9 section 2112, the pregnancy-related assistance pro- 10 vided for a targeted low-income pregnant woman (as 11 such terms are defined for purposes of such section), 12 shall include coverage, during the period beginning 13 on the date of the enactment of this paragraph and 14 ending on the last day of the first calendar quarter 15 that begins at least one year after the last day of 16 the emergency period described in section 17 1135(g)(1)(B), of— 18 ‘‘(A) a COVID–19 vaccine (and the admin- 19 istration of the vaccine); and 20 ‘‘(B) testing and treatments for COVID- 21 19, including specialized equipment and thera- 22 pies (including preventive therapies), and, in 23 the case of an individual who is diagnosed with 24 or presumed to have COVID–19, during the pe- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00197 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 198 •HR 1319 RH riod during which such individual has (or is 1 presumed to have) COVID–19, the treatment of 2 a condition that may seriously complicate the 3 treatment of COVID–19, if otherwise covered 4 under the State child health plan (or waiver of 5 such plan).’’. 6 (2) PROHIBITION OF COST SHARING.—Section 7 2103(e)(2) of the Social Security Act (42 U.S.C. 8 1397cc(e)(2)), as amended by section 6004(b)(3) of 9 the Families First Coronavirus Response Act, is 10 amended— 11 (A) in the paragraph header, by inserting 12 ‘‘A COVID–19 VACCINE, COVID–19 TREATMENT,’’ 13 before ‘‘OR PREGNANCY-RELATED ASSISTANCE’’; 14 and 15 (B) by striking ‘‘visits described in section 16 1916(a)(2)(G), or’’ and inserting ‘‘services de- 17 scribed in section 1916(a)(2)(G), vaccines de- 18 scribed in section 1916(a)(2)(H) administered 19 during the period described in such section (and 20 the administration of such vaccines), testing or 21 treatments described in section 1916(a)(2)(I) 22 furnished during the period described in such 23 section, or’’. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00198 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 199 •HR 1319 RH (b) TEMPORARY INCREASE IN FEDERAL PAYMENTS 1 FOR COVERAGE AND ADMINISTRATION OF COVID–19 2 VACCINES.—Section 2105(c) of the Social Security Act 3 (42 U.S.C. 1397ee(c)) is amended by adding at the end 4 the following new paragraph: 5 ‘‘(12) TEMPORARY ENHANCED PAYMENT FOR 6 COVERAGE AND ADMINISTRATION OF COVID–19 VAC- 7 CINES.—During the period described in section 8 1905(hh)(2), notwithstanding subsection (b), the en- 9 hanced FMAP for a State, with respect to payments 10 under subsection (a) for expenditures under the 11 State child health plan (or a waiver of such plan) for 12 a vaccine described in section 1905(a)(4)(E) (and 13 the administration of such a vaccine), shall be equal 14 to 100 percent.’’. 15 (c) ADJUSTMENT OF CHIP ALLOTMENTS.—Section 16 2104(m) of the Social Security Act (42 U.S.C. 17 1397dd(m)) is amended— 18 (1) in paragraph (2)(B), in the matter pre- 19 ceding clause (i), by striking ‘‘paragraphs (5) and 20 (7)’’ and inserting ‘‘paragraphs (5), (7), and (12)’’; 21 and 22 (2) by adding at the end the following new 23 paragraph: 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00199 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 200 •HR 1319 RH ‘‘(12) ADJUSTING ALLOTMENTS TO ACCOUNT 1 FOR INCREASED FEDERAL PAYMENTS FOR COV- 2 ERAGE AND ADMINISTRATION OF COVID–19 VAC- 3 CINES.—If a State, commonwealth, or territory re- 4 ceives payment for a fiscal year (beginning with fis- 5 cal year 2021) under subsection (a) of section 2105 6 for expenditures that are subject to the enhanced 7 FMAP specified under subsection (c)(12) of such 8 section, the amount of the allotment determined for 9 the State, commonwealth, or territory under this 10 subsection— 11 ‘‘(A) for such fiscal year shall be increased 12 by the projected expenditures for such year by 13 the State, commonwealth, or territory under the 14 State child health plan (or a waiver of such 15 plan) for vaccines described in section 16 1905(a)(4)(E) (and the administration of such 17 vaccines); and 18 ‘‘(B) once actual expenditures are available 19 in the subsequent fiscal year, the fiscal year al- 20 lotment that was adjusted by the amount de- 21 scribed in subparagraph (A) shall be adjusted 22 on the basis of the difference between— 23 ‘‘(i) such projected amount of expend- 24 itures described in subparagraph (A) for 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00200 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 201 •HR 1319 RH such fiscal year described in such subpara- 1 graph by the State, commonwealth, or ter- 2 ritory; and 3 ‘‘(ii) the actual amount of expendi- 4 tures for such fiscal year described in sub- 5 paragraph (A) by the State, common- 6 wealth, or territory under the State child 7 health plan (or waiver of such plan) for 8 vaccines described in section 1905(a)(4)(E) 9 (and the administration of such vac- 10 cines).’’. 11 SEC. 3202. MODIFICATIONS TO CERTAIN COVERAGE UNDER 12 CHIP FOR PREGNANT AND POSTPARTUM 13 WOMEN. 14 (a) MODIFICATIONS TO COVERAGE.— 15 (1) IN GENERAL.—Section 2107(e)(1) of the 16 Social Security Act (42 U.S.C. 1397gg(e)(1)) is 17 amended— 18 (A) by redesignating subparagraphs (J) 19 through (S) as subparagraphs (K) through (T), 20 respectively; and 21 (B) by inserting after subparagraph (I) the 22 following new subparagraph: 23 ‘‘(J) Paragraphs (5) and (16) of section 24 1902(e) (relating to the State option to provide 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00201 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 202 •HR 1319 RH medical assistance consisting of full benefits 1 during pregnancy and throughout the 12-month 2 postpartum period under title XIX, but only if 3 the State has elected to apply such paragraph 4 (16) with respect to pregnant women under 5 title XIX and provides child health assistance 6 for targeted low-income children who are preg- 7 nant or has elected under section 2112(a) to 8 provide pregnancy-related assistance for tar- 9 geted low-income pregnant women and, in the 10 case of such a State, the provision of assistance 11 under the State child health plan for such tar- 12 geted low-income children or targeted low-in- 13 come pregnant women (as applicable) during 14 pregnancy and the 12-month postpartum period 15 shall be required and not at the option of the 16 State, and subparagraph (B) of section 17 1902(e)(16) shall be applied to the State child 18 health plan or waiver as requiring coverage of 19 all items or services provided to a targeted low 20 income children or targeted low-income preg- 21 nant woman (as applicable) under such plan or 22 waiver).’’. 23 (2) OPTIONAL COVERAGE OF TARGETED LOW- 24 INCOME PREGNANT WOMEN.—Section 2112(d)(2)(A) 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00202 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 203 •HR 1319 RH of the Social Security Act (42 U.S.C. 1 1397ll(d)(2)(A)) is amended by inserting after ‘‘60- 2 day period’’ the following: ‘‘, or, in the case that 3 subparagraph (A) of section 1902(e)(16) applies to 4 the State child health plan (or waiver of such plan), 5 pursuant to section 2107(e)(1), the 12-month pe- 6 riod,’’. 7 (b) EFFECTIVE DATE.—The amendments made by 8 subsection (a), shall apply with respect to State elections 9 made under paragraph (16) of section 1902(e) of the So- 10 cial Security Act (42 U.S.C. 1396a(e)), as added by sec- 11 tion 3102(a) of subtitle B of this title, during the 5-year 12 period beginning on the 1st day of the 1st fiscal year quar- 13 ter that begins at least one year after the date of the en- 14 actment of this Act. 15 Subtitle D—Other Provisions 16 CHAPTER 1—ENSURING ENVIRONMENTAL 17 HEALTH AND RATEPAYER PROTEC- 18 TION DURING THE PANDEMIC 19 SEC. 3301. FUNDING FOR POLLUTION AND DISPARATE IM- 20 PACTS OF THE COVID–19 PANDEMIC. 21 (a) IN GENERAL.—In addition to amounts otherwise 22 available, there is appropriated to the Environmental Pro- 23 tection Agency for fiscal year 2021, out of any money in 24 the Treasury not otherwise appropriated, $100,000,000, 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00203 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 204 •HR 1319 RH to remain available until expended, to address health out- 1 come disparities from pollution and the COVID–19 pan- 2 demic, of which— 3 (1) $50,000,000, shall be for grants, contracts, 4 and other agency activities that implement the envi- 5 ronmental justice purposes and objectives described 6 in Executive Order 12898 titled ‘‘Federal Actions 7 To Address Environmental Justice in Minority Pop- 8 ulations and Low-Income Populations’’ (59 Fed. 9 Reg. 7629), as amended; section 219 of Executive 10 Order 14008 titled ‘‘Tackling the Climate Crisis at 11 Home and Abroad’’ (86 Fed. Reg. 7619); and the 12 Environmental Protection Agency’s Environmental 13 Justice 2020 Action Agenda, published May 22, 14 2016; and 15 (2) $50,000,000 shall be for grants and activi- 16 ties authorized under subsections (a) through (c) of 17 section 103 of the Clean Air Act (42 U.S.C. 7403) 18 and grants and activities authorized under section 19 105 of such Act (42 U.S.C. 7405). 20 (b) ADMINISTRATION OF FUNDS.— 21 (1) Of the funds made available pursuant to 22 subsection (a)(1), the Administrator shall reserve 2 23 percent for administrative costs necessary to carry 24 out activities funded pursuant to such subsection. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00204 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 205 •HR 1319 RH (2) Of the funds made available pursuant to 1 subsection (a)(2), the Administrator shall reserve 5 2 percent for activities funded pursuant to such sub- 3 section other than grants. 4 SEC. 3302. FUNDING FOR LIHEAP. 5 In addition to amounts otherwise available, there is 6 appropriated for fiscal year 2021, out of any amounts in 7 the Treasury not otherwise appropriated, $4,500,000,000, 8 to remain available through September 30, 2022, for addi- 9 tional funding to provide payments under section 2602(b) 10 of the Low-Income Home Energy Assistance Act of 1981 11 (42 U.S.C. 8621(b)), except that— 12 (1) $2,250,000,000 of such amounts shall be 13 allocated as though the total appropriation for such 14 payments for fiscal year 2021 was less than 15 $1,975,000,000; 16 (2) section 2607(b)(2)(B) of such Act (42 17 U.S.C. 8626(b)(2)(B)) shall not apply to funds ap- 18 propriated under this section for fiscal year 2021; 19 and 20 (3) with respect to amounts appropriated under 21 this section for fiscal year 2021, notwithstanding 22 section 2604(d) of such Act (42 U.S.C. 8623(d)), 23 the Secretary shall reserve under such section 24 2604(d) amounts for Indian tribes that bear the 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00205 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 206 •HR 1319 RH same ratio, for each Indian tribe, that the amount 1 reserved for the Indian tribe, from funds appro- 2 priated for such payments for fiscal year 2021 be- 3 fore the date of enactment of this section, bore to 4 the amount allotted to the applicable State for such 5 payments from any such appropriated funds. 6 SEC. 3303. FUNDING FOR WATER ASSISTANCE PROGRAM. 7 (a) IN GENERAL.—In addition to amounts otherwise 8 available, there is appropriated to the Secretary of Health 9 and Human Services for fiscal year 2021, out of any 10 amounts in the Treasury not otherwise appropriated, 11 $500,000,000, to remain available until expended, for 12 grants to States and Indian Tribes to assist low-income 13 households, particularly those with the lowest incomes, 14 that pay a high proportion of household income for drink- 15 ing water and wastewater services, by providing funds to 16 owners or operators of public water systems or treatment 17 works to reduce arrearages of and rates charged to such 18 households for such services. 19 (b) ALLOTMENT.—The Secretary shall— 20 (1) allot amounts appropriated in this section to 21 a State or Indian Tribe based on— 22 (A) the percentage of households in the 23 State, or under the jurisdiction of the Indian 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00206 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 207 •HR 1319 RH Tribe, with income equal or less than 150 per- 1 cent of the Federal poverty line; and 2 (B) the percentage of households in the 3 State, or under the jurisdiction of the Indian 4 Tribe, that spend more than 30 percent of 5 monthly income on housing; and 6 (2) reserve up to 3 percent of the amount ap- 7 propriated in this section for Indian Tribes and trib- 8 al organizations. 9 CHAPTER 2—DISTANCE LEARNING AND 10 CONSUMER PROTECTION DURING THE 11 COVID–19 PANDEMIC 12 SEC. 3311. FUNDING FOR CONSUMER PRODUCT SAFETY 13 FUND TO PROTECT CONSUMERS FROM PO- 14 TENTIALLY DANGEROUS PRODUCTS RE- 15 LATED TO COVID–19. 16 (a) APPROPRIATION.—In addition to amounts other- 17 wise available, there is appropriated to the Consumer 18 Product Safety Commission for fiscal year 2021, out of 19 any money in the Treasury not otherwise appropriated, 20 $50,000,000, to remain available until September 30, 21 2026, for the purposes described in subsection (b). 22 (b) PURPOSES.—The funds made available in sub- 23 section (a) shall only be used for purposes of the Con- 24 sumer Product Safety Commission to— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00207 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 208 •HR 1319 RH (1) carry out the requirements in title XX of di- 1 vision FF of the Consolidated Appropriations Act, 2 2021 (Public Law 116–260); 3 (2) enhance targeting, surveillance, and screen- 4 ing of consumer products, particularly COVID–19 5 products, entering the United States at ports of 6 entry, including ports of entry for de minimis ship- 7 ments; 8 (3) enhance monitoring of internet websites for 9 the offering for sale of new and used violative con- 10 sumer products, particularly COVID–19 products, 11 and coordination with retail and resale websites to 12 improve identification and elimination of listings of 13 such products; 14 (4) increase awareness and communication par- 15 ticularly of COVID–19 product related risks and 16 other consumer product safety information; and 17 (5) improve the Commission’s data collection 18 and analysis system especially with a focus on con- 19 sumer product safety risks resulting from the 20 COVID–19 pandemic to socially disadvantaged indi- 21 viduals and other vulnerable populations. 22 (c) DEFINITIONS.—In this section— 23 (1) the term ‘‘Commission’’ means the Con- 24 sumer Product Safety Commission; 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00208 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 209 •HR 1319 RH (2) the term ‘‘de minimis shipments’’ means ar- 1 ticles containing consumer products entering the 2 United States under the de minimis value exemption 3 in section 321(a)(2)(C) of the Tariff Act of 1930 4 (19 U.S.C. 1321(a)(2)(C)); 5 (3) the term ‘‘violative consumer products’’ 6 means consumer products in violation of an applica- 7 ble consumer product safety standard under the 8 Consumer Product Safety Act (15 U.S.C. 2051 et 9 seq.) or any similar rule, regulation, standard, or 10 ban under any other Act enforced by the Commis- 11 sion; 12 (4) the term ‘‘COVID–19 emergency period’’ 13 means the period during which a public health emer- 14 gency declared pursuant to section 319 of the Public 15 Health Service Act (42 U.S.C. 247d) with respect to 16 the 2019 novel coronavirus (COVID–19), including 17 under any renewal of such declaration, is in effect; 18 and 19 (5) the term ‘‘COVID–19 products’’ means 20 products whose risks have been significantly affected 21 by COVID–19 or whose sales have materially in- 22 creased during the COVID–19 emergency period as 23 a result of the COVID–19 pandemic. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00209 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 210 •HR 1319 RH SEC. 3312. FUNDING FOR E-RATE SUPPORT FOR EMER- 1 GENCY EDUCATIONAL CONNECTIONS AND 2 DEVICES. 3 (a) REGULATIONS REQUIRED.—Not later than 60 4 days after the date of the enactment of this Act, the Com- 5 mission shall promulgate regulations providing for the 6 provision, from amounts made available from the Emer- 7 gency Connectivity Fund, of support under paragraphs 8 (1)(B) and (2) of section 254(h) of the Communications 9 Act of 1934 (47 U.S.C. 254(h)) to an eligible school or 10 library, for the purchase during a COVID–19 emergency 11 period of eligible equipment or advanced telecommuni- 12 cations and information services (or both), for use by— 13 (1) in the case of a school, students and staff 14 of the school at locations that include locations other 15 than the school; and 16 (2) in the case of a library, patrons of the li- 17 brary at locations that include locations other than 18 the library. 19 (b) SUPPORT AMOUNT.—In providing support under 20 the covered regulations, the Commission shall reimburse 21 100 percent of the costs associated with the eligible equip- 22 ment, advanced telecommunications and information serv- 23 ices, or eligible equipment and advanced telecommuni- 24 cations and information services, except that any reim- 25 bursement of a school or library for the costs associated 26 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00210 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 211 •HR 1319 RH with any eligible equipment may not exceed an amount 1 that the Commission determines, with respect to the re- 2 quest by the school or library for the reimbursement, is 3 reasonable. 4 (c) EMERGENCY CONNECTIVITY FUND.— 5 (1) ESTABLISHMENT.—There is established in 6 the Treasury of the United States a fund to be 7 known as the ‘‘Emergency Connectivity Fund’’. 8 (2) APPROPRIATION.—In addition to amounts 9 otherwise available, there is appropriated to the 10 Emergency Connectivity Fund for fiscal year 2021, 11 out of any money in the Treasury not otherwise ap- 12 propriated— 13 (A) $7,599,000,000, to remain available 14 until September 30, 2030, for— 15 (i) the provision of support under the 16 covered regulations; and 17 (ii) the Commission to adopt, and the 18 Commission and the Universal Service Ad- 19 ministrative Company to administer, the 20 covered regulations; and 21 (B) $1,000,000, to remain available until 22 September 30, 2030, for the Inspector General 23 of the Commission to conduct oversight of sup- 24 port provided under the covered regulations. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00211 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 212 •HR 1319 RH (3) LIMITATION.—Not more than 2 percent of 1 the amount made available under paragraph (2)(A) 2 may be used for the purposes described in clause (ii) 3 of such paragraph. 4 (4) RELATIONSHIP TO UNIVERSAL SERVICE 5 CONTRIBUTIONS.—Support provided under the cov- 6 ered regulations shall be provided from amounts 7 made available from the Emergency Connectivity 8 Fund and not from contributions under section 9 254(d) of the Communications Act of 1934 (47 10 U.S.C. 254(d)). 11 (d) DEFINITIONS.—In this section: 12 (1) ADVANCED TELECOMMUNICATIONS AND IN- 13 FORMATION SERVICES.—The term ‘‘advanced tele- 14 communications and information services’’ means 15 advanced telecommunications and information serv- 16 ices, as such term is used in section 254(h) of the 17 Communications Act of 1934 (47 U.S.C. 254(h)). 18 (2) COMMISSION.—The term ‘‘Commission’’ 19 means the Federal Communications Commission. 20 (3) CONNECTED DEVICE.—The term ‘‘con- 21 nected device’’ means a laptop computer, tablet com- 22 puter, or similar end-user device that is capable of 23 connecting to advanced telecommunications and in- 24 formation services. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00212 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 213 •HR 1319 RH (4) COVERED REGULATIONS.—The term ‘‘cov- 1 ered regulations’’ means the regulations promul- 2 gated under subsection (a). 3 (5) COVID–19 EMERGENCY PERIOD.—The 4 term ‘‘COVID–19 emergency period’’ means a pe- 5 riod that— 6 (A) begins on the date of a determination 7 by the Secretary of Health and Human Services 8 pursuant to section 319 of the Public Health 9 Service Act (42 U.S.C. 247d) that a public 10 health emergency exists as a result of COVID– 11 19; and 12 (B) ends on the June 30 that first occurs 13 after the date that is 1 year after the date on 14 which such determination (including any re- 15 newal thereof) terminates. 16 (6) ELIGIBLE EQUIPMENT.—The term ‘‘eligible 17 equipment’’ means the following: 18 (A) Wi-Fi hotspots. 19 (B) Modems. 20 (C) Routers. 21 (D) Devices that combine a modem and 22 router. 23 (E) Connected devices. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00213 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 214 •HR 1319 RH (7) ELIGIBLE SCHOOL OR LIBRARY.—The term 1 ‘‘eligible school or library’’ means an elementary 2 school, secondary school, or library (including a 3 Tribal elementary school, Tribal secondary school, or 4 Tribal library) eligible for support under paragraphs 5 (1)(B) and (2) of section 254(h) of the Communica- 6 tions Act of 1934 (47 U.S.C. 254(h)), except as pro- 7 vided in paragraph (10). 8 (8) EMERGENCY CONNECTIVITY FUND.—The 9 term ‘‘Emergency Connectivity Fund’’ means the 10 fund established under subsection (c)(1). 11 (9) LIBRARY.—The term ‘‘library’’ includes a 12 library consortium. 13 (10) TRIBAL LIBRARY.—The term ‘‘Tribal li- 14 brary’’ means, only during a COVID–19 emergency 15 period, a facility owned by an Indian Tribe, serving 16 Indian Tribes, or serving American Indians, Alaskan 17 Natives, or Native Hawaiian communities, includ- 18 ing— 19 (A) a library or library consortium; or 20 (B) a government building, chapter house, 21 longhouse, community center, or other similar 22 public building; 23 and such facility need not comply with the portion 24 of paragraph (4) of section 254(h) of the Commu- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00214 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 215 •HR 1319 RH nications Act of 1934 (47 U.S.C. 254(h)) relating to 1 eligibility for assistance from a State library admin- 2 istrative agency. 3 (11) WI-FI.—The term ‘‘Wi-Fi’’ means a wire- 4 less networking protocol based on Institute of Elec- 5 trical and Electronics Engineers standard 802.11 6 (or any successor standard). 7 (12) WI-FI HOTSPOT.—The term ‘‘Wi-Fi 8 hotspot’’ means a device that is capable of— 9 (A) receiving advanced telecommunications 10 and information services; and 11 (B) sharing such services with a connected 12 device through the use of Wi-Fi. 13 CHAPTER 3—OVERSIGHT OF DEPART- 14 MENT OF COMMERCE PREVENTION 15 AND RESPONSE TO COVID–19 16 SEC. 3321. FUNDING FOR DEPARTMENT OF COMMERCE IN- 17 SPECTOR GENERAL. 18 In addition to amounts otherwise available, there is 19 appropriated to the Office of the Inspector General of the 20 Department of Commerce for fiscal year 2021, out of any 21 money in the Treasury not otherwise appropriated, 22 $3,000,000, to remain available until September 30, 2022, 23 for oversight of activities supported with funds appro- 24 priated to the Department of Commerce to prevent, pre- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00215 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 216 •HR 1319 RH pare for, and respond to COVID–19, domestically or inter- 1 nationally. 2 TITLE IV—COMMITTEE ON 3 FINANCIAL SERVICES 4 Subtitle A—Defense Production Act 5 of 1950 6 SEC. 4001. COVID–19 EMERGENCY MEDICAL SUPPLIES EN- 7 HANCEMENT. 8 (a) SUPPORTING ENHANCED USE OF THE DEFENSE 9 PRODUCTION ACT OF 1950.—In addition to funds other- 10 wise available, there is appropriated, for fiscal year 2021, 11 out of any money in the Treasury not otherwise appro- 12 priated, $10,000,000,000, to remain available until Sep- 13 tember 30, 2025, to carry out titles I, III, and VII of the 14 Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) 15 in accordance with subsection (b). 16 (b) MEDICAL SUPPLIES AND EQUIPMENT.— 17 (1) TESTING, PPE, VACCINES, AND OTHER MA- 18 TERIALS.—Except as provided in paragraph (2), 19 amounts appropriated in subsection (a) shall be used 20 for the purchase, production (including the construc- 21 tion, repair, and retrofitting of government-owned or 22 private facilities as necessary), or distribution of 23 medical supplies and equipment (including durable 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00216 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 217 •HR 1319 RH medical equipment) related to combating the 1 COVID–19 pandemic, including— 2 (A) in vitro diagnostic products (as defined 3 in section 809.3(a) of title 21, Code of Federal 4 Regulations) for the detection of SARS-CoV-2 5 or the diagnosis of the virus that causes 6 COVID–19, and the reagents and other mate- 7 rials necessary for producing, conducting, or 8 administering such products, and the machin- 9 ery, equipment, laboratory capacity, or other 10 technology necessary to produce such products; 11 (B) face masks and personal protective 12 equipment, including face shields, nitrile gloves, 13 N–95 filtering facepiece respirators, and any 14 other masks or equipment (including durable 15 medical equipment) determined by the Sec- 16 retary of Health and Human Services to be 17 needed to respond to the COVID–19 pandemic, 18 and the materials, machinery, additional manu- 19 facturing lines or facilities, or other technology 20 necessary to produce such equipment; and 21 (C) drugs and devices (as those terms are 22 defined in the Federal Food, Drug, and Cos- 23 metic Act (21 U.S.C. 301 et seq.)) and biologi- 24 cal products (as that term is defined by section 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00217 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 218 •HR 1319 RH 351 of the Public Health Service Act (42 1 U.S.C. 262)) that are approved, cleared, li- 2 censed, or authorized under either of such Acts 3 for use in treating or preventing COVID–19 4 and symptoms related to COVID–19, and any 5 materials, manufacturing machinery, additional 6 manufacturing or fill-finish lines or facilities, 7 technology, or equipment (including durable 8 medical equipment) necessary to produce or use 9 such drugs, biological products, or devices (in- 10 cluding syringes, vials, or other supplies or 11 equipment related to delivery, distribution, or 12 administration). 13 (2) RESPONDING TO PUBLIC HEALTH EMER- 14 GENCIES.—After September 30, 2022, amounts ap- 15 propriated in subsection (a) may be used for any ac- 16 tivity authorized by paragraph (1), or any other ac- 17 tivity that the Secretary of Health and Human Serv- 18 ices determines to be necessary, to meet critical pub- 19 lic health needs of the United States, with respect 20 to any pathogen that the President has determined 21 has the potential for creating a public health emer- 22 gency. 23 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00218 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 219 •HR 1319 RH (c) DELEGATION AUTHORITY.—For purposes of 1 using amounts appropriated in subsection (a), the Presi- 2 dent shall only delegate authority to— 3 (1) with respect to any uses described under 4 subsection (b), the Secretary of Health and Human 5 Services; 6 (2) with respect to uses described under sub- 7 section (b)(1), the head of any other agency respon- 8 sible for responding to the COVID-19 pandemic if 9 the President determines that such delegation is im- 10 portant to an effective response to such pandemic; 11 and 12 (3) with respect to uses described under sub- 13 section (b)(2), the head of any other agency respon- 14 sible for responding to any pathogen with the poten- 15 tial for creating a public health emergency if the 16 President determines that such delegation is impor- 17 tant to an effective response to a public health emer- 18 gency that may be created by such pathogen. 19 (d) APPLICATION OF LIMITATIONS UNDER THE DE- 20 FENSE PRODUCTION ACT OF 1950.—The requirements 21 described in section 304(e) of the Defense Production Act 22 of 1950 (50 U.S.C. 4534(e)) shall not apply to the funds 23 appropriated in subsection (a) until September 30, 2025. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00219 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 220 •HR 1319 RH Subtitle B—Housing Provisions 1 SEC. 4101. EMERGENCY RENTAL ASSISTANCE. 2 (a) FUNDING.— 3 (1) APPROPRIATION.—In addition to amounts 4 otherwise available, there is appropriated to the Sec- 5 retary of the Treasury for fiscal year 2021, out of 6 any money in the Treasury not otherwise appro- 7 priated, $19,050,000,000, to remain available until 8 September 30, 2027, for making payments to eligi- 9 ble grantees under this section— 10 (2) RESERVATION OF FUNDS.—Of the amount 11 appropriated under paragraph (1), the Secretary 12 shall reserve— 13 (A) $305,000,000 for making payments 14 under this section to the Commonwealth of 15 Puerto Rico, the United States Virgin Islands, 16 Guam, the Commonwealth of the Northern 17 Mariana Islands, and American Samoa; 18 (B) $30,000,000 for costs of the Secretary 19 for the administration of emergency rental as- 20 sistance programs and technical assistance to 21 recipients of any grants made by the Secretary 22 to provide financial and other assistance to 23 renters; and 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00220 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 221 •HR 1319 RH (C) $3,000,000 for administrative expenses 1 of the Inspector General relating to oversight of 2 funds provided in this section. 3 (b) ALLOCATION FOR RENTAL AND UTILITY ASSIST- 4 ANCE.— 5 (1) ALLOCATION FOR STATES AND UNITS OF 6 LOCAL GOVERNMENT.— 7 (A) IN GENERAL.—The amount appro- 8 priated under paragraph (1) of subsection (a) 9 that remains after the application of paragraph 10 (2) of such subsection shall be allocated to eligi- 11 ble grantees described in subparagraphs (A) 12 and (B) of subsection (i)(1) in the same man- 13 ner as the amount appropriated under section 14 501 of subtitle A of title V of division N of the 15 Consolidated Appropriations Act, 2021 (Public 16 Law 116–260) is allocated to States and units 17 of local government under subsection (b)(1) of 18 such section, except that section 501(b) of such 19 subtitle A shall be applied— 20 (i) without regard to clause (i) of 21 paragraph (1)(A); 22 (ii) by deeming the amount appro- 23 priated under paragraph (1) of subsection 24 (a) of this Act that remains after the ap- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00221 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 222 •HR 1319 RH plication of paragraph (2) of such sub- 1 section to be the amount deemed to apply 2 for purposes of applying clause (ii) of sec- 3 tion 501(b)(1)(A) of such subtitle A; 4 (iii) by substituting ‘‘$152,000,000’’ 5 for ‘‘$200,000,000’’ each place such term 6 appears; 7 (iv) in subclause (I) of such section 8 501(b)(1)(A)(v), by substituting ‘‘under 9 section 4101 of the American Rescue Plan 10 Act of 2021’’ for ‘‘under this section’’; and 11 (v) in subclause (II) of such section 12 501(b)(1)(A)(v), by substituting ‘‘local 13 government elects to receive funds from 14 the Secretary under section 4101 of the 15 American Rescue Plan Act of 2021 and 16 will use the funds in a manner consistent 17 with such section’’ for ‘‘local government’s 18 proposed uses of the funds are consistent 19 with subsection (d)’’. 20 (B) PRO RATA ADJUSTMENT.—The Sec- 21 retary shall make pro rata adjustments in the 22 amounts of the allocations determined under 23 subparagraph (A) of this paragraph for entities 24 described in such subparagraph as necessary to 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00222 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 223 •HR 1319 RH ensure that the total amount of allocations 1 made pursuant to such subparagraph does not 2 exceed the remainder appropriated amount de- 3 scribed in such subparagraph. 4 (2) ALLOCATIONS FOR TERRITORIES.—The 5 amount reserved under subsection (a)(2)(A) shall be 6 allocated to eligible grantees described in subsection 7 (i)(1)(C) in the same manner as the amount appro- 8 priated under section 501(a)(2)(A) of subtitle A of 9 title V of division N of the Consolidated Appropria- 10 tions Act, 2021 (Public Law 116–260) is allocated 11 under section 501(b)(3) of such subtitle A to eligible 12 grantees under subparagraph (C) of such section 13 501(b)(3), except that section 501(b)(3) of such sub- 14 title A shall be applied— 15 (A) in subparagraph (A), by inserting ‘‘of 16 this Act’’ after ‘‘the amount reserved under 17 subsection (a)(2)(A)’’; and 18 (B) in clause (i) of subparagraph (B), by 19 substituting ‘‘the amount equal to 0.3 percent 20 of the amount appropriated under subsection 21 (a)(1)’’ with ‘‘the amount equal to 0.3 percent 22 of the amount appropriated under subsection 23 (a)(1) of this Act’’. 24 (c) PAYMENT SCHEDULE.— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00223 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 224 •HR 1319 RH (1) IN GENERAL.—The Secretary shall pay all 1 eligible grantees not less than 50 percent of each 2 such eligible grantee’s total allocation provided 3 under subsection (b) within 60 days of enactment of 4 this Act. 5 (2) SUBSEQUENT PAYMENTS.—The Secretary 6 shall pay to eligible grantees additional amounts in 7 tranches up to the full amount of each such eligible 8 grantee’s total allocation in accordance with a proce- 9 dure established by the Secretary, provided that any 10 such procedure established by the Secretary shall re- 11 quire that an eligible grantee must have obligated 12 not less than 75 percent of the funds already dis- 13 bursed by the Secretary pursuant to this section 14 prior to disbursement of additional amounts. 15 (d) USE OF FUNDS.— 16 (1) IN GENERAL.—An eligible grantee shall 17 only use the funds provided from payments made 18 under this section as follows: 19 (A) FINANCIAL ASSISTANCE.— 20 (i) IN GENERAL.—Subject to clause 21 (ii) of this subparagraph, funds received by 22 an eligible grantee from payments made 23 under this section shall be used to provide 24 financial assistance to eligible households, 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00224 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 225 •HR 1319 RH not to exceed 18 months, including the 1 payment of— 2 (I) rent; 3 (II) rental arrears; 4 (III) utilities and home energy 5 costs; 6 (IV) utilities and home energy 7 costs arrears; and 8 (V) other expenses related to 9 housing. 10 (ii) LIMITATION.—The aggregate 11 amount of financial assistance an eligible 12 household may receive under this section, 13 when combined with financial assistance 14 provided under section 501 of subtitle A of 15 title V of division N of the Consolidated 16 Appropriations Act, 2021 (Public Law 17 116–260), shall not exceed 18 months. 18 (B) HOUSING STABILITY SERVICES.—Not 19 more than 10 percent of funds received by an 20 eligible grantee from payments made under this 21 section may be used to provide case manage- 22 ment and other services intended to help keep 23 households stably housed. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00225 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 226 •HR 1319 RH (C) ADMINISTRATIVE COSTS.—Not more 1 than 15 percent of the total amount paid to an 2 eligible grantee under this section may be used 3 for administrative costs attributable to pro- 4 viding financial assistance, housing stability 5 services, and other affordable rental housing 6 and eviction prevention activities under sub- 7 paragraphs (A), (B), and (D), respectively, in- 8 cluding for data collection and reporting re- 9 quirements related to such funds. 10 (D) OTHER AFFORDABLE RENTAL HOUS- 11 ING AND EVICTION PREVENTION ACTIVITIES.— 12 An eligible grantee may use any funds from 13 payments made under this section that are un- 14 obligated on October 1, 2022, for purposes in 15 addition to those specified in this paragraph, 16 provided that— 17 (i) such other purposes are affordable 18 housing purposes, as defined by the Sec- 19 retary, serving very low-income families (as 20 such term is defined in section 3(b) of the 21 United States Housing Act of 1937 (42 22 U.S.C. 1437a(b))); and 23 (ii) prior to obligating any funds for 24 such purposes, the eligible grantee has ob- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00226 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 227 •HR 1319 RH ligated not less than 75 percent of the 1 total funds allocated to such eligible grant- 2 ee in accordance with this section. 3 (2) DISTRIBUTION OF ASSISTANCE.—Amounts 4 appropriated under subsection (a)(1) of this section 5 shall be subject to the same terms and conditions 6 that apply under paragraph (4) of section 501(c) of 7 subtitle A of title V of division N of the Consolidated 8 Appropriations Act, 2021 (Public Law 116–260) to 9 amounts appropriated under subsection (a)(1) of 10 such section 501. 11 (e) REALLOCATION OF FUNDS.— 12 (1) IN GENERAL.—After September 30, 2022, 13 the Secretary shall reallocate funds allocated to eligi- 14 ble grantees in accordance with subsection (b) but 15 not yet paid in accordance with subsection (c)(2) ac- 16 cording to a procedure established by the Secretary. 17 (2) ELIGIBILITY FOR REALLOCATED FUNDS.— 18 The Secretary shall require an eligible grantee to 19 have obligated 50 percent of the total amount of 20 funds allocated to such eligible grantee under sub- 21 section (b) to be eligible to receive funds reallocated 22 under paragraph (1) of this subsection. 23 (3) PAYMENT OF REALLOCATED FUNDS BY THE 24 SECRETARY.—The Secretary shall pay to each eligi- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00227 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 228 •HR 1319 RH ble grantee eligible for a payment of reallocated 1 funds described in paragraph (2) of this subsection 2 the amount allocated to such eligible grantee in ac- 3 cordance with the procedure established by the Sec- 4 retary in accordance with paragraph (2) of this sub- 5 section. 6 (4) USE OF REALLOCATED FUNDS.—Eligible 7 grantees may use any funds received in accordance 8 with this subsection only for purposes specified in 9 paragraph (1) of subsection (d). 10 (f) INAPPLICABILITY OF PAPERWORK REDUCTION 11 ACT.—Subchapter I of chapter 35 of title 44, United 12 States Code, shall not apply to the collection of informa- 13 tion for reporting or research requirements specified in 14 this section if the Secretary determines it is necessary to 15 expedite the efficient use of funds under this section. 16 (g) TREATMENT OF ASSISTANCE.—Assistance pro- 17 vided to a household from a payment made under this sec- 18 tion shall not be regarded as income and shall not be re- 19 garded as a resource for purposes of determining the eligi- 20 bility of the household or any member of the household 21 for benefits or assistance, or the amount or extent of bene- 22 fits or assistance, under any Federal program or under 23 any State or local program financed in whole or in part 24 with Federal funds. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00228 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 229 •HR 1319 RH (h) INFORMATION REQUIRED BY SECRETARY.—Each 1 eligible grantee that receives an allocation of funds under 2 subsection (b) and at least one payment under subsection 3 (c) shall submit to the Secretary information required by 4 the Secretary to monitor and evaluate activities carried 5 out by the eligible grantee under subsection (d). 6 (i) DEFINITIONS.—In this section: 7 (1) ELIGIBLE GRANTEE.—The term ‘‘eligible 8 grantee’’ means any of the following: 9 (A) The 50 States of the United States 10 and the District of Columbia. 11 (B) A unit of local government (as defined 12 in paragraph (5)). 13 (C) The Commonwealth of Puerto Rico, 14 the United States Virgin Islands, Guam, the 15 Commonwealth of the Northern Mariana Is- 16 lands, and American Samoa. 17 (2) ELIGIBLE HOUSEHOLD.—The term ‘‘eligible 18 household’’ means a household of 1 or more individ- 19 uals who are obligated to pay rent on a residential 20 dwelling and with respect to which the eligible grant- 21 ee involved determines that— 22 (A) 1 or more individuals within the house- 23 hold has— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00229 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 230 •HR 1319 RH (i) qualified for unemployment bene- 1 fits; or 2 (ii) experienced a reduction in house- 3 hold income, incurred significant costs, or 4 experienced other financial hardship during 5 or due, directly or indirectly, to the 6 coronavirus pandemic; 7 (B) 1 or more individuals within the 8 household can demonstrate a risk of experi- 9 encing homelessness or housing instability; and 10 (C) the household is a low-income family 11 (as such term is defined in section 3(b) of the 12 United States Housing Act of 1937 (42 U.S.C. 13 1437a(b)). 14 (3) INSPECTOR GENERAL.—The term ‘‘Inspec- 15 tor General’’ means the Inspector General of the De- 16 partment of the Treasury. 17 (4) SECRETARY.—The term ‘‘Secretary’’ means 18 the Secretary of the Treasury. 19 (5) UNIT OF LOCAL GOVERNMENT.—The term 20 ‘‘unit of local government’’ has the meaning given 21 such term in section 501 of subtitle A of title V of 22 division N of the Consolidated Appropriations Act, 23 2021 (Public Law 116–260). 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00230 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 231 •HR 1319 RH (j) AVAILABILITY.—Funds provided to an eligible 1 grantee under a payment made under this section shall 2 remain available through September 30, 2025. 3 (k) EXTENSION OF AVAILABILITY UNDER PROGRAM 4 FOR EXISTING FUNDING.—Paragraph (1) of section 5 501(e) of subtitle A of title V of division N of the Consoli- 6 dated Appropriations Act, 2021 (Public Law 116–260) is 7 amended by striking ‘‘December 31, 2021’’ and inserting 8 ‘‘September 30, 2022’’. 9 SEC. 4102. EMERGENCY HOUSING VOUCHERS. 10 (a) APPROPRIATION.—In addition to amounts other- 11 wise available, there is appropriated to the Secretary of 12 Housing and Urban Development (in this section referred 13 to as the ‘‘Secretary’’) for fiscal year 2021, out of any 14 money in the Treasury not otherwise appropriated, 15 $5,000,000,000, to remain available until September 30, 16 2030, for— 17 (1) incremental emergency vouchers under sub- 18 section (b); 19 (2) renewals of the vouchers under subsection 20 (b); 21 (3) fees for the costs of administering vouchers 22 under subsection (b) and other eligible expenses de- 23 fined by notice to prevent, prepare, and respond to 24 coronavirus to facilitate the leasing of the emergency 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00231 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 232 •HR 1319 RH vouchers, such as security deposit assistance and 1 other costs related to retention and support of par- 2 ticipating owners; and 3 (4) adjustments in the calendar year 2021 sec- 4 tion 8 renewal funding allocation, including main- 5 stream vouchers, for public housing agencies that ex- 6 perience a significant increase in voucher per-unit 7 costs due to extraordinary circumstances or that, de- 8 spite taking reasonable cost savings measures, would 9 otherwise be required to terminate rental assistance 10 for families as a result of insufficient funding. 11 (b) EMERGENCY VOUCHERS.— 12 (1) IN GENERAL.—The Secretary shall provide 13 emergency rental assistance vouchers under sub- 14 section (a), which shall be tenant-based rental assist- 15 ance under section 8(o) of the United States Hous- 16 ing Act of 1937 (42 U.S.C. 1437f(o)). 17 (2) QUALIFYING INDIVIDUALS OR FAMILIES DE- 18 FINED.—For the purposes of this section, qualifying 19 individuals or families are those who are— 20 (A) homeless (as such term is defined in 21 section 103(a) of the McKinney-Vento Home- 22 less Assistance Act (42 U.S.C. 11302(a)); 23 (B) at risk of homelessness (as such term 24 is defined in section 401(1) of the McKinney- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00232 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 233 •HR 1319 RH Vento Homeless Assistance Act (42 U.S.C. 1 11360(1))); 2 (C) fleeing, or attempting to flee, domestic 3 violence, dating violence, sexual assault, stalk- 4 ing, or human trafficking; or 5 (D) recently homeless, as determined by 6 the Secretary, and for whom providing rental 7 assistance will prevent the family’s homeless- 8 ness or having high risk of housing instability. 9 (3) ALLOCATION.—Public housing agencies 10 shall be notified of the number of emergency vouch- 11 ers allocated pursuant to this section to the agency 12 not later than 60 days after the date of the enact- 13 ment of this Act, in accordance with a formula that 14 includes public housing agency capacity and ensures 15 geographic diversity, including with respect to rural 16 areas, among public housing agencies administering 17 the Housing Choice Voucher program. 18 (4) TERMS AND CONDITIONS.— 19 (A) ELECTION TO ADMINISTER.—The Sec- 20 retary shall establish a procedure for public 21 housing agencies to accept or decline the emer- 22 gency vouchers allocated to the agency in ac- 23 cordance with the formula under subparagraph 24 (3). 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00233 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 234 •HR 1319 RH (B) FAILURE TO USE VOUCHERS PROMPT- 1 LY.—If a public housing agency fails to lease 2 its authorized vouchers under subsection (b) on 3 behalf of eligible families within a reasonable 4 period of time, the Secretary may revoke and 5 redistribute any unleased vouchers and associ- 6 ated funds, including administrative fees and 7 costs referred to in subsection (a)(3), to other 8 public housing agencies according to the for- 9 mula under paragraph (3). 10 (5) WAIVERS AND ALTERNATIVE REQUIRE- 11 MENTS.—Any provision of any statute or regulation 12 used to administer the amounts made available 13 under this section (except for requirements related 14 to fair housing, nondiscrimination, labor standards, 15 and the environment), shall be waived upon a find- 16 ing that any such waivers or alternative require- 17 ments are necessary to expedite or facilitate the use 18 of amounts made available in this section. 19 (6) TERMINATION OF VOUCHERS UPON TURN- 20 OVER.—After September 30, 2023, a public housing 21 agency may not reissue any vouchers made available 22 under this section when assistance for the family as- 23 sisted ends. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00234 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 235 •HR 1319 RH (c) TECHNICAL ASSISTANCE AND OTHER COSTS.— 1 The Secretary may use not more $20,000,000 of the 2 amounts made available under this section for the costs 3 to the Secretary of administering and overseeing the im- 4 plementation of this section and the Housing Choice 5 Voucher program generally, including information tech- 6 nology, financial reporting, and other costs. Of the 7 amounts set aside under this subsection, the Secretary 8 may use not more than $10,000,000, without competition, 9 to make new awards or increase prior awards to existing 10 technical assistance providers to provide an immediate in- 11 crease in capacity building and technical assistance to 12 public housing agencies. 13 (d) IMPLEMENTATION.—The provisions of this sec- 14 tion may be implemented by notice. 15 SEC. 4103. EMERGENCY ASSISTANCE FOR RURAL HOUSING. 16 In addition to amounts otherwise available, there is 17 appropriated for fiscal year 2021, out of any money in 18 the Treasury not otherwise appropriated, $100,000,000, 19 to remain available until September 30, 2022, to provide 20 grants under section 521(a)(2) of the Housing Act of 21 1949 or agreements entered into in lieu of debt forgiveness 22 or payments for eligible households as authorized by sec- 23 tion 502(c)(5)(D) of the Housing Act of 1949, for tem- 24 porary adjustment of income losses for residents of hous- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00235 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 236 •HR 1319 RH ing financed or assisted under section 514, 515, or 516 1 of the Housing Act of 1949 who have experienced income 2 loss but are not currently receiving Federal rental assist- 3 ance. 4 SEC. 4104. HOUSING ASSISTANCE AND SUPPORTIVE SERV- 5 ICES PROGRAMS FOR NATIVE AMERICANS. 6 (a) APPROPRIATION.—In addition to amounts other- 7 wise available, there is appropriated for fiscal year 2021, 8 out of any money in the Treasury not otherwise appro- 9 priated, $750,000,000, to remain available until Sep- 10 tember 30, 2025, to prevent, prepare for, and respond to 11 coronavirus, for activities and assistance authorized under 12 title I of the Native American Housing Assistance and 13 Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 14 4111 et seq.), under title VIII of NAHASDA (25 U.S.C. 15 4221 et seq.), and under section 106(a)(1) of the Housing 16 and Community Development Act of 1974 with respect to 17 Indian tribes (42 U.S.C. 5301 et seq.), which shall be 18 made available as follows: 19 (1) HOUSING BLOCK GRANTS.—$455,000,000 20 shall be available for the Native American Housing 21 Block Grants and Native Hawaiian Housing Block 22 Grant programs, as authorized under titles I and 23 VIII of NAHASDA, subject to the following terms 24 and conditions: 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00236 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 237 •HR 1319 RH (A) FORMULA.—Of the amounts made 1 available under this paragraph, $450,000,000 2 shall be for grants under title I of NAHASDA 3 and shall be distributed according to the same 4 funding formula used in fiscal year 2021. 5 (B) NATIVE HAWAIIANS.—Of the amounts 6 made available under this paragraph, 7 $5,000,000 shall be for grants under title VIII 8 of NAHASDA. 9 (C) USE.—Amounts made available under 10 this paragraph shall be used by recipients to 11 prevent, prepare for, and respond to 12 coronavirus, including to maintain normal oper- 13 ations and fund eligible affordable housing ac- 14 tivities under NAHASDA during the period 15 that the program is impacted by coronavirus. In 16 addition, amounts made available under sub- 17 paragraph (B) shall be used to provide rental 18 assistance to eligible Native Hawaiian families 19 both on and off the Hawaiian Home Lands. 20 (D) TIMING OF OBLIGATIONS.—Amounts 21 made available under this paragraph shall be 22 used, as necessary, to cover or reimburse allow- 23 able costs to prevent, prepare for, and respond 24 to coronavirus that are incurred by a recipient, 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00237 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 238 •HR 1319 RH including for costs incurred as of January 21, 1 2020. 2 (E) WAIVERS.—Any provision of statute or 3 regulation used to administer amounts made 4 available under this paragraph (except for re- 5 quirements related to fair housing, non- 6 discrimination, labor standards, and the envi- 7 ronment), shall be waived upon a finding that 8 any such waivers or alternative requirements 9 are necessary to expedite or facilitate the use of 10 amounts made available under this paragraph. 11 (F) UNOBLIGATED AMOUNTS.—Amounts 12 made available under this paragraph which are 13 not accepted, are voluntarily returned, or other- 14 wise recaptured for any reason shall be used to 15 fund grants under paragraph (2). 16 (2) INDIAN COMMUNITY DEVELOPMENT BLOCK 17 GRANTS.—$280,000,000 shall be available for grants 18 under title I of the Housing and Community Devel- 19 opment Act of 1974, subject to the following terms 20 and conditions: 21 (A) USE.—Amounts made available under 22 this paragraph shall be used, without competi- 23 tion, for emergencies that constitute imminent 24 threats to health and safety and are designed to 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00238 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 239 •HR 1319 RH prevent, prepare for, and respond to 1 coronavirus. 2 (B) PLANNING.—Not to exceed 20 percent 3 of any grant made with funds made available 4 under this paragraph shall be expended for 5 planning and management development and ad- 6 ministration. 7 (C) TIMING OF OBLIGATIONS.—Amounts 8 made available under this paragraph shall be 9 used, as necessary, to cover or reimburse allow- 10 able costs to prevent, prepare for, and respond 11 to coronavirus incurred by a recipient, including 12 for costs incurred as of January 21, 2020. 13 (D) INAPPLICABILITY OF PUBLIC SERVICES 14 CAP.—Notwithstanding section 105(a)(8) of the 15 Housing and Community Development Act of 16 1974 (42 U.S.C. 5305(a)(8)), there shall be no 17 per centum limitation for the use of funds made 18 available under this paragraph for public serv- 19 ices activities to prevent, prepare for, and re- 20 spond to coronavirus. 21 (E) WAIVERS.—Any provision of any stat- 22 ute or regulation used to administer amounts 23 made available under this paragraph (except for 24 requirements related to fair housing, non- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00239 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 240 •HR 1319 RH discrimination, labor standards, and the envi- 1 ronment), shall be waived upon a finding that 2 any such waivers or alternative requirements 3 are necessary to expedite or facilitate the use of 4 amounts made available under this paragraph. 5 (3) TECHNICAL ASSISTANCE.—$10,000,000 6 shall be used, without competition, to make new 7 awards or increase prior awards to existing technical 8 assistance providers to provide an immediate in- 9 crease in training and technical assistance to Indian 10 tribes, Indian housing authorities, and tribally des- 11 ignated housing entities for activities under this sec- 12 tion. 13 (4) OTHER COSTS.—$5,000,000 shall be used 14 for the administrative costs to oversee and admin- 15 ister the implementation of this section, and pay for 16 associated information technology, financial report- 17 ing, and other costs. 18 SEC. 4105. HOUSING COUNSELING. 19 (a) APPROPRIATION.—In addition to amounts other- 20 wise available, there is appropriated to the Neighborhood 21 Reinvestment Corporation (in this section referred to as 22 the ‘‘Corporation’’) for fiscal year 2021, out of any money 23 in the Treasury not otherwise appropriated, 24 $100,000,000, to remain available until September 30, 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00240 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 241 •HR 1319 RH 2025, for grants to housing counseling intermediaries ap- 1 proved by the Department of Housing and Urban Devel- 2 opment, State housing finance agencies, and 3 NeighborWorks organizations for providing housing coun- 4 seling services, as authorized under the Neighborhood Re- 5 investment Corporation Act (42 U.S.C. 8101-8107) and 6 consistent with the discretion set forth in section 7 606(a)(5) of such Act (42 U.S.C. 8105(a)(5)) to design 8 and administer grant programs. Of the grant funds made 9 available under this subsection, not less than 40 percent 10 shall be provided to counseling organizations that— 11 (1) target housing counseling services to minor- 12 ity and low-income populations facing housing insta- 13 bility; or 14 (2) provide housing counseling services in 15 neighborhoods having high concentrations of minor- 16 ity and low-income populations. 17 (b) LIMITATION.—The aggregate amount provided to 18 NeighborWorks organizations under this section shall not 19 exceed 15 percent of the total of grant funds made avail- 20 able by subsection (a). 21 (c) ADMINISTRATION AND OVERSIGHT.—The Cor- 22 poration may retain a portion of the amounts provided 23 under this section, in a proportion consistent with its 24 standard rate for program administration in order to cover 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00241 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 242 •HR 1319 RH its expenses related to program administration and over- 1 sight. 2 (d) HOUSING COUNSELING SERVICES DEFINED.— 3 For the purposes of this section, the term ‘‘housing coun- 4 seling services’’ means— 5 (1) housing counseling provided directly to 6 households facing housing instability, such as evic- 7 tion, default, foreclosure, loss of income, or home- 8 lessness; 9 (2) education, outreach, training, technology 10 upgrades, and other program related support; and 11 (3) operational oversight funding for grantees 12 and subgrantees that receive funds under this sec- 13 tion. 14 SEC. 4106. HOMELESSNESS ASSISTANCE AND SUPPORTIVE 15 SERVICES PROGRAM. 16 (a) APPROPRIATION.—In addition to amounts other- 17 wise available, there is appropriated for fiscal year 2021, 18 out of any money in the Treasury not otherwise appro- 19 priated, $5,000,000,000, to remain available until Sep- 20 tember 30, 2025, except that amounts authorized under 21 subsection (d)(3) shall remain available until September 22 30, 2029, for assistance under title II of the Cranston- 23 Gonzalez National Affordable Housing Act (42 U.S.C. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00242 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 243 •HR 1319 RH 12721 et seq.) for the following activities to primarily ben- 1 efit qualifying individuals or families: 2 (1) Tenant-based rental assistance. 3 (2) The development and support of affordable 4 housing pursuant to section 212(a) of the Cranston- 5 Gonzalez National Affordable Housing Act (42 6 U.S.C. 12742(a)) (‘‘the Act’’ herein). 7 (3) Supportive services to qualifying individuals 8 or families not already receiving such supportive 9 services, including— 10 (A) activities listed in section 401(29) of 11 the McKinney-Vento Homeless Assistance Act 12 (42 U.S.C. 11360(29)); 13 (B) housing counseling; and 14 (C) homeless prevention services. 15 (4) The acquisition and development of non- 16 congregate shelter units, all or a portion of which 17 may— 18 (A) be converted to permanent affordable 19 housing; 20 (B) be used as emergency shelter under 21 subtitle B of title IV of the McKinney-Vento 22 Homeless Assistance Act (42 U.S.C. 11371- 23 11378); 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00243 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 244 •HR 1319 RH (C) be converted to permanent housing 1 under subtitle C of title IV of the McKinney- 2 Vento Homeless Assistance Act (42 U.S.C. 3 11381-11389); or 4 (D) remain as non-congregate shelter 5 units. 6 (b) QUALIFYING INDIVIDUALS OR FAMILIES DE- 7 FINED.—For the purposes of this section, qualifying indi- 8 viduals or families are those who are— 9 (1) homeless, as defined in section 103(a) of 10 the McKinney-Vento Homeless Assistance Act (42 11 U.S.C. 11302(a)); 12 (2) at-risk of homelessness, as defined in sec- 13 tion 401(1) of the McKinney-Vento Homeless Assist- 14 ance Act (42 U.S.C. 11360(1)); 15 (3) fleeing, or attempting to flee, domestic vio- 16 lence, dating violence, sexual assault, stalking, or 17 human trafficking; 18 (4) in other populations where providing sup- 19 portive services or assistance under section 212(a) of 20 the Act (42 U.S.C. 12742(a)) would prevent the 21 family’s homelessness or would serve those with the 22 greatest risk of housing instability; or 23 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00244 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 245 •HR 1319 RH (5) veterans and families that include a veteran 1 family member that meet one of the preceding cri- 2 teria. 3 (c) TERMS AND CONDITIONS.— 4 (1) FUNDING RESTRICTIONS.—The cost limits 5 in section 212(e) (42 U.S.C. 12742(e)), the commit- 6 ment requirements in section 218(g) (42 U.S.C. 7 12749(g)), the matching requirements in section 220 8 (42 U.S.C. 12750), and the set-aside for housing de- 9 veloped, sponsored, or owned by community housing 10 development organizations required in section 231 of 11 the Act (42 U.S.C. 12771) shall not apply for 12 amounts made available in this section. 13 (2) ADMINISTRATIVE COSTS.— Notwithstanding 14 sections 212(c) and (d)(1) of the Act (42 U.S.C. 15 12742(c) and (d)(1)), of the funds made available in 16 this section for carrying out activities authorized in 17 this section, a grantee may use up to fifteen percent 18 of its allocation for administrative and planning 19 costs. 20 (3) OPERATING EXPENSES.—Notwithstanding 21 sections 212(a) and (g) of the Act (42 U.S.C. 22 12742(a) and (g)), a grantee may use up to an addi- 23 tional five percent of its allocation for the payment 24 of operating expenses of community housing develop- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00245 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 246 •HR 1319 RH ment organizations and nonprofit organizations car- 1 rying out activities authorized under this section, 2 but only if— 3 (A) such funds are used to develop the ca- 4 pacity of the community housing development 5 organization or nonprofit organization in the ju- 6 risdiction or insular area to carry out activities 7 authorized under this section; and 8 (B) the community housing development 9 organization or nonprofit organization complies 10 with the limitation on assistance in section 11 234(b) of the Act (42 U.S.C. 12774(b)). 12 (4) CONTRACTING.—A grantee, when con- 13 tracting with service providers engaged directly in 14 the provision of services under paragraph (a)(3), 15 shall, to the extent practicable, enter into contracts 16 in amounts that cover the actual total program costs 17 and administrative overhead to provide the services 18 contracted. 19 (d) ALLOCATION.— 20 (1) FORMULA ASSISTANCE.—Except as pro- 21 vided in paragraphs (2) and (3), amounts made 22 available under this section shall be allocated pursu- 23 ant to section 217 of the Act (42 U.S.C. 12746) to 24 grantees that received allocations pursuant to that 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00246 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 247 •HR 1319 RH same formula in fiscal year 2021, and such alloca- 1 tions shall be made within 30 days of enactment of 2 this Act. 3 (2) TECHNICAL ASSISTANCE.—Up to 4 $25,000,000 of the amounts made available under 5 this section shall be used, without competition, to 6 make new awards or increase prior awards to exist- 7 ing technical assistance providers to provide an im- 8 mediate increase in capacity building and technical 9 assistance available to any grantees implementing 10 activities or projects consistent with this section. 11 (3) OTHER COSTS.—Up to $50,000,000 of the 12 amounts made available under this section shall be 13 used for the administrative costs to oversee and ad- 14 minister implementation of this section and the 15 HOME program generally, including information 16 technology, financial reporting, and other costs. 17 (4) WAIVERS.—Any provision of any statute or 18 regulation used to administer the amounts made 19 available under this section (except for requirements 20 related to fair housing, nondiscrimination, labor 21 standards, and the environment), may be waived 22 upon a finding that any such waivers or alternative 23 requirements are necessary to expedite or facilitate 24 the use of amounts made available in this section. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00247 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 248 •HR 1319 RH SEC. 4107. HOMEOWNER ASSISTANCE FUND. 1 (a) APPROPRIATION.—In addition to amounts other- 2 wise available, there is appropriated to the Homeowner 3 Assistance Fund established under subsection (c) for fiscal 4 year 2021, out of any money in the Treasury not otherwise 5 appropriated, $9,961,000,000, to remain available until 6 September 30, 2025, for qualified expenses that meet the 7 purposes specified under subsection (c) and expenses de- 8 scribed in subsection (d)(1). 9 (b) DEFINITIONS.—In this section: 10 (1) CONFORMING LOAN LIMIT.—The term ‘‘con- 11 forming loan limit’’ means the applicable limitation 12 governing the maximum original principal obligation 13 of a mortgage secured by a single-family residence, 14 a mortgage secured by a 2-family residence, a mort- 15 gage secured by a 3-family residence, or a mortgage 16 secured by a 4-family residence, as determined and 17 adjusted annually under section 302(b)(2) of the 18 Federal National Mortgage Association Charter Act 19 (12 U.S.C. 1717(b)(2)) and section 305(a)(2) of the 20 Federal Home Loan Mortgage Corporation Act (12 21 U.S.C. 1454(a)(2)). 22 (2) DWELLING.—The term ‘‘dwelling’’ means 23 any building, structure, or portion thereof which is 24 occupied as, or designed or intended for occupancy 25 as, a residence by one or more individuals. 26 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00248 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 249 •HR 1319 RH (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 1 ty’’ means— 2 (A) a State; or 3 (B) any entity eligible for payment under 4 subsection (f). 5 (4) MORTGAGE.—The term ‘‘mortgage’’ means 6 any credit transaction— 7 (A) that is secured by a mortgage, deed of 8 trust, or other consensual security interest on a 9 principal residence of a borrower that is (i) a 1- 10 to 4-unit dwelling, or (ii) residential real prop- 11 erty that includes a 1- to 4-unit dwelling; and 12 (B) the unpaid principal balance of which 13 was, at the time of origination, not more than 14 the conforming loan limit. 15 (5) FUND.—The term ‘‘Fund’’ means the 16 Homeowner Assistance Fund established under sub- 17 section (c). 18 (6) SECRETARY.—The term ‘‘Secretary’’ means 19 the Secretary of the Treasury. 20 (7) STATE.—The term ‘‘State’’ means any 21 State of the United States, the District of Columbia, 22 the Commonwealth of Puerto Rico, Guam, American 23 Samoa, the United States Virgin Islands, and the 24 Commonwealth of the Northern Mariana Islands. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00249 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 250 •HR 1319 RH (c) ESTABLISHMENT OF FUND.— 1 (1) ESTABLISHMENT; QUALIFIED EXPENSES.— 2 There is established in the Department of the Treas- 3 ury a Homeowner Assistance Fund to mitigate fi- 4 nancial hardships associated with the coronavirus 5 pandemic by providing such funds as are appro- 6 priated by subsection (a) to eligible entities, and to 7 require an eligible entity that receives funds pursu- 8 ant to this section to periodically submit to the Sec- 9 retary a report that describes the activities carried 10 out by the eligible entity using the funds provided 11 under this section, for the purpose of preventing 12 homeowner mortgage delinquencies, defaults, fore- 13 closures, loss of utilities or home energy services, 14 and displacements of homeowners experiencing fi- 15 nancial hardship after January 21, 2020, through 16 qualified expenses related to mortgages and housing, 17 which include— 18 (A) mortgage payment assistance; 19 (B) financial assistance to allow a home- 20 owner to reinstate a mortgage or to pay other 21 housing related costs related to a period of for- 22 bearance, delinquency, or default; 23 (C) principal reduction; 24 (D) facilitating interest rate reductions; 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00250 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 251 •HR 1319 RH (E) payment assistance for— 1 (i) utilities, including electric, gas, 2 and water; 3 (ii) internet service, including 4 broadband internet access service, as de- 5 fined in section 8.1(b) of title 47, Code of 6 Federal Regulations (or any successor reg- 7 ulation); 8 (iii) property taxes; 9 (iv) homeowner’s insurance, flood in- 10 surance, and mortgage insurance; and 11 (v) homeowner’s association, condo- 12 minium association fees, or common 13 charges; 14 (F) reimbursement of funds expended by a 15 State, local government, or designated entity 16 under subsection (e) during the period begin- 17 ning on January 21, 2020, and ending on the 18 date that the first funds are disbursed by the 19 eligible entity under the Homeowner Assistance 20 Fund, for the purpose of providing housing or 21 utility payment assistance to individuals or oth- 22 erwise providing funds to prevent foreclosure or 23 eviction of a homeowner or tenant or prevent 24 mortgage delinquency or loss of housing or util- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00251 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 252 •HR 1319 RH ities as a response to the coronavirus disease 1 (COVID) pandemic; and 2 (G) any other assistance to promote hous- 3 ing stability for homeowners, including pre- 4 venting eviction, mortgage delinquency or de- 5 fault, foreclosure, or the loss of utility or home 6 energy services, as determined by the Secretary. 7 (2) TARGETING.—Not less than 60 percent of 8 amounts made to each eligible entity allocated 9 amounts under subsection (d) or (f) shall be used 10 for qualified expenses that assist homeowners having 11 incomes equal to or less than 100 percent of the 12 area median income for their household size or equal 13 to or less than 100 percent of the median income for 14 the United States, as determined by the Secretary of 15 Housing and Urban Development, whichever is 16 greater. The eligible entity shall prioritize remaining 17 funds to populations or geographies experiencing the 18 greatest need. 19 (d) ALLOCATION OF FUNDS.— 20 (1) ADMINISTRATION.—Of any amounts made 21 available under this section, the Secretary shall re- 22 serve— 23 (A) to the Department of the Treasury, an 24 amount not to exceed $40,000,000 to admin- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00252 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 253 •HR 1319 RH ister and oversee the Fund, and to provide tech- 1 nical assistance to eligible entities for the cre- 2 ation and implementation of State and tribal 3 programs to administer assistance from the 4 Fund; and 5 (B) to the Inspector General of the De- 6 partment of the Treasury, an amount to not ex- 7 ceed $2,600,000 for oversight of the program 8 under this section. 9 (2) FOR STATES.—After the application of 10 paragraphs (1), (4), and (5) of this subsection and 11 subject to paragraph (3) of this subsection, the Sec- 12 retary shall establish such criteria as are necessary 13 to allocate the remaining funds available within the 14 Homeowner Assistance Fund to each State of the 15 United States, the District of Columbia, and the 16 Commonwealth of Puerto Rico, taking into consider- 17 ation, for such State relative to all States of the 18 United States, the District of Columbia, and the 19 Commonwealth of Puerto Rico, as of the date of the 20 enactment of this Act— 21 (A) the average number of unemployed in- 22 dividuals measured over a period of time not 23 fewer than 3 months and not more than 12 24 months; 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00253 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 254 •HR 1319 RH (B) the total number or mortgagors with— 1 (i) mortgage payments that are more 2 than 30 days past due; or 3 (ii) mortgages in foreclosure. 4 (3) SMALL STATE MINIMUM.— 5 (A) IN GENERAL.—Each State of the 6 United States, the District of Columbia, and 7 the Commonwealth of Puerto Rico shall receive 8 no less than $40,000,000 for the purposes es- 9 tablished in (c). 10 (B) PRO RATA ADJUSTMENTS.—The Sec- 11 retary shall adjust on a pro rata basis the 12 amount of the payments for each State of the 13 United States, the District of Columbia, and 14 the Commonwealth of Puerto Rico determined 15 under this subsection without regard to this 16 subparagraph to the extent necessary to comply 17 with the requirements of subparagraph (A). 18 (4) TERRITORY SET-ASIDE.—Notwithstanding 19 any other provision of this section, of the amounts 20 appropriated under subsection (a), the Secretary 21 shall reserve $30,000,000 to be disbursed to Guam, 22 American Samoa, the United States Virgin Islands, 23 and the Commonwealth of the Northern Mariana Is- 24 lands based on each such territory’s share of the 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00254 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 255 •HR 1319 RH combined total population of all such territories, as 1 determined by the Secretary. For the purposes of 2 this paragraph, population shall be determined based 3 on the most recent year for which data are available 4 from the United States Census Bureau. 5 (5) TRIBAL SET-ASIDE.—The Secretary shall 6 allocate funds to any eligible entity designated under 7 subsection (f) pursuant to the requirements of that 8 subsection. 9 (e) DISTRIBUTION OF FUNDS TO STATES.— 10 (1) IN GENERAL.—The Secretary shall make 11 payments, beginning not later than 45 days after en- 12 actment of this Act, from amounts allocated under 13 subsection (d) to eligible entities that have notified 14 the Secretary that they request to receive payment 15 from the Fund and that the eligible entity will use 16 such payments in compliance with this section. 17 (2) REALLOCATION.—If a State does not re- 18 quest allocated funds by the 90th day after the date 19 of enactment of this Act, such State shall not be eli- 20 gible for a payment from the Secretary pursuant to 21 this section, and the Secretary shall reallocate any 22 funds that were not requested by such State among 23 the States that have requested funds by the 90th 24 day after the date of enactment of this Act. For any 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00255 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 256 •HR 1319 RH such reallocation of funds, the Secretary shall ad- 1 here to the requirements of subsection (d), except 2 for paragraph (1), to the greatest extent possible, 3 provided that the Secretary shall also take into con- 4 sideration in determining such reallocation a State’s 5 remaining need and a State’s record of using pay- 6 ments from the Fund to serve homeowners at dis- 7 proportionate risk of mortgage default, foreclosure, 8 or displacement, including homeowners having in- 9 comes equal to or less than 100 percent of the area 10 median income for their household size or 100 per- 11 cent of the median income for the United States, as 12 determined by the Secretary of Housing and Urban 13 Development, whichever is greater, and minority 14 homeowners. 15 (f) TRIBAL SET-ASIDE.— 16 (1) SET-ASIDE.—Notwithstanding any other 17 provision of this section, of the amounts appro- 18 priated under subsection (a), the Secretary shall use 19 5 percent to make payments to entities that are eli- 20 gible for payments under clauses (i) and (ii) of sec- 21 tion 501(b)(2)(A) of subtitle A of title V of division 22 N of the Consolidated Appropriations Act, 2021 23 (Public Law 116-260) for the purposes described in 24 subsection (c). 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00256 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 257 •HR 1319 RH (2) ALLOCATION AND PAYMENT.—The Sec- 1 retary shall allocate the funds set aside under para- 2 graph (1) using the allocation formulas described in 3 clauses (i) and (ii) of section 501(b)(2)(A) of sub- 4 title A of title V of division N of the Consolidated 5 Appropriations Act, 2021 (Public Law 116-260), 6 and shall make payments of such amounts beginning 7 no later than 45 days after enactment of this Act to 8 entities eligible for payment under clauses (i) and 9 (ii) of section 501(b)(2)(A) of subtitle A of title V 10 of division N of the Consolidated Appropriations 11 Act, 2021 (Public Law 116-260) that notify the Sec- 12 retary that they request to receive payments allo- 13 cated from the Fund by the Secretary for purposes 14 described under subsection (c) and will use such 15 payments in compliance with this section. 16 (3) ADJUSTMENT.—Allocations provided under 17 this subsection may be further adjusted as provided 18 by section 501(b)(2)(B) of subtitle A of title V of di- 19 vision N of the Consolidated Appropriations Act, 20 2021 (Public Law 116-260). 21 SEC. 4108. RELIEF MEASURES FOR SECTION 502 AND 504 DI- 22 RECT LOAN BORROWERS. 23 (a) APPROPRIATION.—In addition to amounts other- 24 wise available, there is appropriated for fiscal year 2021, 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00257 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 258 •HR 1319 RH out of any money in the Treasury not otherwise appro- 1 priated, $39,000,000, to remain available until September 2 30, 2023, for direct loans made under sections 502 and 3 504 of the Housing Act of 1949 (42 U.S.C. 1472, 1474). 4 (b) ADMINISTRATIVE EXPENSES.—The Secretary 5 may use not more than 3 percent of the amounts appro- 6 priated under this section for administrative purposes. 7 Subtitle C—Small Business (SSBCI) 8 SEC. 4201. REAUTHORIZATION OF THE STATE SMALL BUSI- 9 NESS CREDIT INITIATIVE ACT OF 2010. 10 (a) REAUTHORIZATION.— 11 (1) IN GENERAL.—The State Small Business 12 Credit Initiative Act of 2010 (12 U.S.C. 5701 et 13 seq.) is amended— 14 (A) in section 3003— 15 (i) in subsection (b)— 16 (I) by amending paragraph (1) to 17 read as follows: 18 ‘‘(1) IN GENERAL.—Not later than 30 days 19 after the date of enactment of subsection (d), the 20 Secretary shall allocate Federal funds to partici- 21 pating States so that each State is eligible to receive 22 an amount equal to what the State would receive 23 under the 2021 allocation, as determined under 24 paragraph (2).’’; 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00258 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 259 •HR 1319 RH (II) in paragraph (2)— 1 (aa) by striking ‘‘2009’’ 2 each place such term appears 3 and inserting ‘‘2021’’; 4 (bb) by striking ‘‘2008’’ 5 each place such term appears 6 and inserting ‘‘2020’’; 7 (cc) in subparagraph (A), by 8 striking ‘‘The Secretary’’ and in- 9 serting ‘‘With respect to States 10 other than Tribal governments, 11 the Secretary’’; 12 (dd) in subparagraph (C)(i), 13 by striking ‘‘2007’’ and inserting 14 ‘‘2019’’; and 15 (ee) by adding at the end 16 the following: 17 ‘‘(C) SEPARATE ALLOCATION FOR TRIBAL 18 GOVERNMENTS.— 19 ‘‘(i) IN GENERAL.—With respect to 20 States that are Tribal governments, the 21 Secretary shall determine the 2021 alloca- 22 tion by allocating $500,000,000 among the 23 Tribal governments in the proportion the 24 Secretary determines appropriate, includ- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00259 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 260 •HR 1319 RH ing with consideration to available employ- 1 ment and economic data regarding each 2 such Tribal government. 3 ‘‘(ii) NOTICE OF INTENT; TIMING OF 4 ALLOCATION.—With respect to allocations 5 to States that are Tribal governments, the 6 Secretary may— 7 ‘‘(I) require Tribal governments 8 that individually or jointly wish to 9 participate in the Program to file a 10 notice of intent with the Secretary not 11 later than 30 days after the date of 12 enactment of subsection (d); and 13 ‘‘(II) notwithstanding paragraph 14 (1), allocate Federal funds to partici- 15 pating Tribal governments not later 16 than 60 days after the date of enact- 17 ment of subsection (d). 18 ‘‘(D) EMPLOYMENT DATA.—If the Sec- 19 retary determines that employment data with 20 respect to a State is unavailable from the Bu- 21 reau of Labor Statistics of the Department of 22 Labor, the Secretary shall consider such other 23 economic and employment data that is other- 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00260 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 261 •HR 1319 RH wise available for purposes of determining the 1 employment data of such State.’’; and 2 (III) by striking paragraph (3); 3 and 4 (ii) in subsection (c)— 5 (I) in paragraph (1)(A)(iii), by 6 inserting before the period the fol- 7 lowing: ‘‘that have delivered loans or 8 investments to eligible businesses’’; 9 and 10 (II) by amending paragraph (4) 11 to read as follows: 12 ‘‘(4) TERMINATION OF AVAILABILITY OF 13 AMOUNTS NOT TRANSFERRED.— 14 ‘‘(A) IN GENERAL.—Any portion of a par- 15 ticipating State’s allocated amount that has not 16 been transferred to the State under this section 17 may be deemed by the Secretary to be no longer 18 allocated to the State and no longer available to 19 the State and shall be returned to the general 20 fund of the Treasury or reallocated as described 21 under subparagraph (B), if— 22 ‘‘(i) the second 1⁄3 of a State’s allo- 23 cated amount has not been transferred to 24 the State before the end of the end of the 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00261 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 262 •HR 1319 RH 3-year period beginning on the date that 1 the Secretary approves the State for par- 2 ticipation; or 3 ‘‘(ii) the last 1⁄3 of a State’s allocated 4 amount has not been transferred to the 5 State before the end of the end of the 6- 6 year period beginning on the date that the 7 Secretary approves the State for participa- 8 tion. 9 ‘‘(B) REALLOCATION.—Any amount 10 deemed by the Secretary to be no longer allo- 11 cated to a State and no longer available to such 12 State under subparagraph (A) may be reallo- 13 cated by the Secretary to other participating 14 States. In making such a reallocation, the Sec- 15 retary shall not take into account the minimum 16 allocation requirements under subsection 17 (b)(2)(B) or the specific allocation for Tribal 18 governments described under subsection 19 (b)(2)(C).’’; 20 (B) in section 3004(d), by striking ‘‘date 21 of enactment of this Act’’ each place it appears 22 and inserting ‘‘date of the enactment of section 23 3003(d)’’; 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00262 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 263 •HR 1319 RH (C) in section 3005(b), by striking ‘‘date of 1 enactment of this Act’’ each place it appears 2 and inserting ‘‘date of the enactment of section 3 3003(d)’’; 4 (D) in section 3006(b)(4), by striking 5 ‘‘date of enactment of this Act’’ and inserting 6 ‘‘date of the enactment of section 3003(d)’’; 7 (E) in section 3007(b), by striking ‘‘March 8 31, 2011’’ and inserting ‘‘March 31, 2022’’; 9 (F) in section 3009, by striking ‘‘date of 10 enactment of this Act’’ each place it appears 11 and inserting ‘‘date of the enactment of section 12 3003(d)’’; and 13 (G) in section 3011(b), by striking ‘‘date 14 of the enactment of this Act’’ each place it ap- 15 pears and inserting ‘‘date of the enactment of 16 section 3003(d)’’. 17 (2) APPROPRIATION.— 18 (A) IN GENERAL.—In addition to amounts 19 otherwise available, there is hereby appropriated 20 to the Secretary of the Treasury for fiscal year 21 2021, out of any money in the Treasury not 22 otherwise appropriated, $10,000,000,000, to re- 23 main available until expended, to reauthorize, 24 expand, and enhance the State Small Business 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00263 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 264 •HR 1319 RH Credit Initiative established under the State 1 Small Business Credit Initiative Act of 2010, 2 including to provide support to small businesses 3 responding to and recovering from the economic 4 effects of the COVID–19 pandemic, ensure 5 business enterprises owned and controlled by 6 socially and economically disadvantaged individ- 7 uals have access to credit and investments, pro- 8 vide technical assistance to help small busi- 9 nesses applying for various support programs, 10 and to pay reasonable costs of administering 11 such Initiative. 12 (B) RESCISSION.—With respect to 13 amounts appropriated under subparagraph 14 (A)— 15 (i) the Secretary of the Treasury shall 16 complete all disbursements and remaining 17 obligations before September 30, 2030; 18 and 19 (ii) any amounts that remain unex- 20 pended (whether obligated or unobligated) 21 on September 30, 2030, shall be rescinded 22 and deposited into the general fund of the 23 Treasury. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00264 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 265 •HR 1319 RH (b) ADDITIONAL ALLOCATIONS TO SUPPORT BUSI- 1 NESS ENTERPRISES OWNED AND CONTROLLED BY SO- 2 CIALLY AND ECONOMICALLY DISADVANTAGED INDIVID- 3 UALS.—Section 3003 of the State Small Business Credit 4 Initiative Act of 2010 (12 U.S.C. 5702) is amended by 5 adding at the end the following: 6 ‘‘(d) ADDITIONAL ALLOCATIONS TO SUPPORT BUSI- 7 NESS ENTERPRISES OWNED AND CONTROLLED BY SO- 8 CIALLY AND ECONOMICALLY DISADVANTAGED INDIVID- 9 UALS.—Of the amounts appropriated for fiscal year 2021 10 to carry out the Program, the Secretary shall— 11 ‘‘(1) ensure that $1,500,000,000 from funds al- 12 located under this section shall be allocated to States 13 to be expended for business enterprises owned and 14 controlled by socially and economically disadvan- 15 taged individuals; 16 ‘‘(2) allocate such amounts to States based on 17 the needs of business enterprises owned and con- 18 trolled by socially and economically disadvantaged 19 individuals, as determined by the Secretary, in each 20 State, and not subject to the allocation formula de- 21 scribed under subsection (b); 22 ‘‘(3) oversee the States’ use of these funds to 23 ensure they directly support business enterprises 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00265 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 266 •HR 1319 RH owned and controlled by socially and economically 1 disadvantaged individuals; and 2 ‘‘(4) establish a minimum amount of support 3 that a State shall provide to business enterprises 4 owned and controlled by socially and economically 5 disadvantaged individuals. 6 ‘‘(e) INCENTIVE ALLOCATIONS TO SUPPORT BUSI- 7 NESS ENTERPRISES OWNED AND CONTROLLED BY SO- 8 CIALLY AND ECONOMICALLY DISADVANTAGED INDIVID- 9 UALS.—Of the amounts appropriated for fiscal year 2021 10 to carry out the Program, the Secretary shall set aside 11 $1,000,000,000 for an incentive program under which the 12 Secretary shall increase the second 1⁄3 and last 1⁄3 alloca- 13 tions for States that demonstrate robust support, as deter- 14 mined by the Secretary, for business concerns owned and 15 controlled by socially and economically disadvantaged indi- 16 viduals in the deployment of prior allocation amounts.’’. 17 (c) ADDITIONAL ALLOCATIONS TO SUPPORT VERY 18 SMALL BUSINESSES.—Section 3003 of the State Small 19 Business Credit Initiative Act of 2010 (12 U.S.C. 5702), 20 as amended by subsection (b), is further amended by add- 21 ing at the end the following: 22 ‘‘(f) ADDITIONAL ALLOCATIONS TO SUPPORT VERY 23 SMALL BUSINESSES.— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00266 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 267 •HR 1319 RH ‘‘(1) IN GENERAL.—Of the amounts appro- 1 priated to carry out the Program, the Secretary 2 shall ensure that not less than $500,000,000 from 3 funds allocated under this section shall be expended 4 for very small businesses. 5 ‘‘(2) VERY SMALL BUSINESS DEFINED.—In this 6 subsection, the term ‘very small business’— 7 ‘‘(A) means a business with fewer than 10 8 employees; and 9 ‘‘(B) may include independent contractors 10 and sole proprietors.’’. 11 (d) CDFI AND MDI PARTICIPATION PLAN.—Section 12 3004 of the State Small Business Credit Initiative Act of 13 2010 (12 U.S.C. 5703) is amended by adding at the end 14 the following: 15 ‘‘(e) CDFI AND MDI PARTICIPATION PLAN.—The 16 Secretary may not approve a State to be a participating 17 State unless the State has provided the Secretary with a 18 plan detailing how minority depository institutions and 19 community development financial institutions will be en- 20 couraged to participate in State programs.’’. 21 (e) PANDEMIC RESPONSE PLAN.—Section 3004 of 22 the State Small Business Credit Initiative Act of 2010 (12 23 U.S.C. 5703), as amended by subsection (c), is further 24 amended by adding at the end the following: 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00267 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 268 •HR 1319 RH ‘‘(f) PANDEMIC RESPONSE PLAN.—The Secretary 1 may not approve a State to be a participating State unless 2 the State has provided the Secretary with a description 3 of how the State will expeditiously utilize funds to support 4 small businesses, including business enterprises owned and 5 controlled by socially and economically disadvantaged indi- 6 viduals, in responding to and recovering from the eco- 7 nomic effects of the COVID–19 pandemic.’’. 8 (f) TECHNICAL ASSISTANCE.—Section 3009 of the 9 State Small Business Credit Initiative Act of 2010 (12 10 U.S.C. 5708) is amended by adding at the end the fol- 11 lowing: 12 ‘‘(e) TECHNICAL ASSISTANCE.—Of the amounts ap- 13 propriated for fiscal year 2021 to carry out the Program, 14 $500,000,000 may be used by the Secretary to— 15 ‘‘(1) provide funds to States to carry out a 16 technical assistance plan under which a State will 17 provide legal, accounting, and financial advisory 18 services, either directly or contracted with legal, ac- 19 counting, and financial advisory firms, with priority 20 given to business enterprises owned and controlled 21 by socially and economically disadvantaged individ- 22 uals, to very small businesses and business enter- 23 prises owned and controlled by socially and economi- 24 cally disadvantaged individuals applying for— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00268 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 269 •HR 1319 RH ‘‘(A) State programs under the Program; 1 and 2 ‘‘(B) other State or Federal programs that 3 support small businesses; 4 ‘‘(2) transfer amounts to the Minority Business 5 Development Agency, so that the Agency may use 6 such amounts in a manner the Agency determines 7 appropriate, including through contracting with 8 third parties, to provide technical assistance to busi- 9 ness enterprises owned and controlled by socially 10 and economically disadvantaged individuals applying 11 to— 12 ‘‘(A) State programs under the Program; 13 and 14 ‘‘(B) other State or Federal programs that 15 support small businesses; and 16 ‘‘(3) contract with legal, accounting, and finan- 17 cial advisory firms (with priority given to business 18 enterprises owned and controlled by socially and eco- 19 nomically disadvantaged individuals), to provide 20 technical assistance to business enterprises owned 21 and controlled by socially and economically disadvan- 22 taged individuals applying to— 23 ‘‘(A) State programs under the Program; 24 and 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00269 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 270 •HR 1319 RH ‘‘(B) other State or Federal programs that 1 support small businesses.’’. 2 (g) MULTI-STATE PARTICIPATION PROGRAM.—Sec- 3 tion 3009 of the State Small Business Credit Initiative 4 Act of 2010 (12 U.S.C. 5708), as amended by subsection 5 (d)(2), is further amended by adding at the end the fol- 6 lowing: 7 ‘‘(f) MULTI-STATE PARTICIPATION PROGRAM.—The 8 Secretary may establish a multi-State participation pro- 9 gram under which— 10 ‘‘(1) the Secretary determines which State pro- 11 grams are similar to each other, with respect to eli- 12 gibility criteria and such other criteria as the Sec- 13 retary determines appropriate; and 14 ‘‘(2) a State may elect to automatically deem a 15 person eligible for a State program if the person is 16 already participating in another State’s State pro- 17 gram that the Secretary has determined is similar 18 under paragraph (1).’’. 19 (h) APPROVAL OF MULTI-STATE PROGRAMS.—Sec- 20 tion 3004 of the State Small Business Credit Initiative 21 Act of 2010 (12 U.S.C. 5703), as amended by subsection 22 (d), is further amended by adding at the end the following: 23 ‘‘(g) APPROVAL OF MULTI-STATE PROGRAMS.—In 24 approving State programs under section 3005 or 3006, 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00270 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 271 •HR 1319 RH the Secretary may approve a State program carried out 1 jointly by more than one State.’’. 2 (i) PREDATORY LENDING PROHIBITED.—Section 3 3004 of the State Small Business Credit Initiative Act of 4 2010 (15 U.S.C. 5702), as amended by subsection (g), 5 is further amended by adding at the end the following: 6 ‘‘(h) PREDATORY LENDING PROHIBITED.—The Sec- 7 retary may not approve a State to be a participating State 8 unless the State has agreed that no lending activity sup- 9 ported by amounts received by the State under the Pro- 10 gram would result in predatory lending, as determined by 11 the Secretary.’’. 12 (j) INCLUSION OF TRIBAL GOVERNMENTS.—Section 13 3002(10) of the State Small Business Credit Initiative Act 14 of 2010 (12 U.S.C. 5701(10)) is amended— 15 (1) in subparagraph (C), by striking ‘‘and’’ at 16 the end; 17 (2) in subparagraph (D), by striking the period 18 at the end and inserting ‘‘; and’’; and 19 (3) by adding at the end the following: 20 ‘‘(E) a Tribal government, or a group of 21 Tribal governments that jointly apply for an al- 22 location.’’. 23 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00271 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 272 •HR 1319 RH (k) DEFINITIONS.—Section 3002 of the State Small 1 Business Credit Initiative Act of 2010 (12 U.S.C. 5701) 2 is amended by adding at the end the following: 3 ‘‘(15) BUSINESS ENTERPRISE OWNED AND CON- 4 TROLLED BY SOCIALLY AND ECONOMICALLY DIS- 5 ADVANTAGED INDIVIDUALS.—The term ‘business en- 6 terprise owned and controlled by socially and eco- 7 nomically disadvantaged individuals’ means a busi- 8 ness that— 9 ‘‘(A) if privately owned, 51 percent is 10 owned by one or more socially and economically 11 disadvantaged individuals; 12 ‘‘(B) if publicly owned, 51 percent of the 13 stock is owned by one or more socially and eco- 14 nomically disadvantaged individuals; and 15 ‘‘(C) in the case of a mutual institution, a 16 majority of the Board of Directors, account 17 holders, and the community which the institu- 18 tion services is predominantly comprised of so- 19 cially and economically disadvantaged individ- 20 uals. 21 ‘‘(16) COMMUNITY DEVELOPMENT FINANCIAL 22 INSTITUTION.—The term ‘community development 23 financial institution’ has the meaning given that 24 term under section 103 of the Riegle Community 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00272 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 273 •HR 1319 RH Development and Regulatory Improvement Act of 1 1994. 2 ‘‘(17) MINORITY DEPOSITORY INSTITUTION.— 3 The term ‘minority depository institution’ has the 4 meaning given that term under section 308(b) of the 5 Financial Institutions Reform, Recovery, and En- 6 forcement Act of 1989. 7 ‘‘(18) SOCIALLY AND ECONOMICALLY DIS- 8 ADVANTAGED INDIVIDUAL.—The term ‘socially and 9 economically disadvantaged individual’ means an in- 10 dividual who is a socially disadvantaged individual or 11 an economically disadvantaged individual, as such 12 terms are defined, respectively, under section 8 of 13 the Small Business Act (15 U.S.C. 637) and the 14 regulations thereunder. 15 ‘‘(19) TRIBAL GOVERNMENT.—The term ‘Tribal 16 government’ means a government of an Indian Tribe 17 listed on the list of recognized Tribes published by 18 the Secretary of the Interior under section 104 of 19 the Federally Recognized Indian Tribe List Act of 20 1994 (25 U.S.C. 5131).’’ 21 (l) RULE OF APPLICATION.—The amendments made 22 by this section shall apply with respect to funds appro- 23 priated under this section and funds appropriated on and 24 after the date of enactment of this section. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00273 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 274 •HR 1319 RH Subtitle D—Airlines 1 SEC. 4301. AIR TRANSPORTATION PAYROLL SUPPORT PRO- 2 GRAM EXTENSION. 3 (a) DEFINITIONS.—The definitions in section 4 40102(a) of title 49, United States Code, shall apply with 5 respect to terms used in this section, except that— 6 (1) the term ‘‘catering functions’’ means prepa- 7 ration, assembly, or both, of food, beverages, provi- 8 sions and related supplies for delivery, and the deliv- 9 ery of such items, directly to aircraft or to a location 10 on or near airport property for subsequent delivery 11 to aircraft; 12 (2) the term ‘‘contractor’’ means— 13 (A) a person that performs, under contract 14 with a passenger air carrier conducting oper- 15 ations under part 121 of title 14, Code of Fed- 16 eral Regulations— 17 (i) catering functions; or 18 (ii) functions on the property of an 19 airport that are directly related to the air 20 transportation of persons, property, or 21 mail, including the loading and unloading 22 of property on aircraft, assistance to pas- 23 sengers under part 382 of title 14, Code of 24 Federal Regulations, security, airport 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00274 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 275 •HR 1319 RH ticketing and check-in functions, ground- 1 handling of aircraft, or aircraft cleaning 2 and sanitization functions and waste re- 3 moval; or 4 (B) a subcontractor that performs such 5 functions; 6 (3) the term ‘‘employee’’ means an individual, 7 other than a corporate officer, who is employed by 8 an air carrier or a contractor; 9 (4) the term ‘‘eligible air carrier’’ means an air 10 carrier that— 11 (A) received financial assistance pursuant 12 section 402(a)(1) of division N of the Consoli- 13 dated Appropriations Act, 2021 (Public Law 14 116-260); 15 (B) provides air transportation as of 16 March 31, 2021; 17 (C) has not conducted involuntary fur- 18 loughs or reduced pay rates or benefits between 19 March 31, 2021, and the date on which the air 20 carrier makes a certification to the Secretary 21 pursuant to subparagraph (D); and 22 (D) certifies to the Secretary that such air 23 carrier will— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00275 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 276 •HR 1319 RH (i) refrain from conducting involun- 1 tary furloughs or reducing pay rates or 2 benefits until September 30, 2021, or the 3 date on which assistance provided under 4 this section is exhausted, whichever is 5 later; 6 (ii) refrain from purchasing an equity 7 security of the air carrier or the parent 8 company of the air carrier that is listed on 9 a national securities exchange through 10 September 30, 2022; 11 (iii) refrain from paying dividends, or 12 making other capital distributions, with re- 13 spect to common stock (or equivalent inter- 14 est) of such air carrier through September 15 30, 2022; 16 (iv) during the 2-year period begin- 17 ning April 1, 2021, and ending April 1, 18 2023, refrain from paying— 19 (I) any officer or employee of the 20 air carrier whose total compensation 21 exceeded $425,000 in calendar year 22 2019 (other than an employee whose 23 compensation is determined through 24 an existing collective bargaining 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00276 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 277 •HR 1319 RH agreement entered into prior to the 1 date of enactment of this Act)— 2 (aa) total compensation that 3 exceeds, during any 12 consecu- 4 tive months of such 2-year pe- 5 riod, the total compensation re- 6 ceived by the officer or employee 7 from the air carrier in calendar 8 year 2019; or 9 (bb) severance pay or other 10 benefits upon termination of em- 11 ployment with the air carrier 12 which exceeds twice the max- 13 imum total compensation re- 14 ceived by the officer or employee 15 from the air carrier in calendar 16 year 2019; and 17 (II) any officer or employee of 18 the air carrier whose total compensa- 19 tion exceeded $3,000,000 in calendar 20 year 2019 during any 12 consecutive 21 months of such period total compensa- 22 tion in excess of the sum of— 23 (aa) $3,000,000; and 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00277 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 278 •HR 1319 RH (bb) 50 percent of the excess 1 over $3,000,000 of the total com- 2 pensation received by the officer 3 or employee from the air carrier 4 in calendar year 2019. 5 (5) the term ‘‘eligible contractor’’ means a con- 6 tractor that— 7 (A) received financial assistance pursuant 8 to section 402(a)(2) of division N of the Con- 9 solidated Appropriations Act, 2021 (Public Law 10 116-260); 11 (B) performs one or more of the functions 12 described under paragraph (2) as of March 31, 13 2021; 14 (C) has not conducted involuntary fur- 15 loughs or reduced pay rates or benefits between 16 March 31, 2021, and the date on which the 17 contractor makes a certification to the Sec- 18 retary pursuant to subparagraph (D); and 19 (D) certifies to the Secretary that such 20 contractor will— 21 (i) refrain from conducting involun- 22 tary furloughs or reducing pay rates or 23 benefits until September 30, 2021, or the 24 date on which assistance provided under 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00278 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 279 •HR 1319 RH this section is exhausted, whichever is 1 later; 2 (ii) refrain from purchasing an equity 3 security of the contractor or the parent 4 company of the contractor that is listed on 5 a national securities exchange through 6 September 30, 2022; 7 (iii) refrain from paying dividends, or 8 making other capital distributions, with re- 9 spect to common stock (or equivalent inter- 10 est) of the contractor through September 11 30, 2022; 12 (iv) during the 2-year period begin- 13 ning April 1, 2021, and ending April 1, 14 2023, refrain from paying— 15 (I) any officer or employee of the 16 contractor whose total compensation 17 exceeded $425,000 in calendar year 18 2019 (other than an employee whose 19 compensation is determined through 20 an existing collective bargaining 21 agreement entered into prior to the 22 date of enactment of this Act)— 23 (aa) total compensation that 24 exceeds, during any 12 consecu- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00279 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 280 •HR 1319 RH tive months of such 2-year pe- 1 riod, the total compensation re- 2 ceived by the officer or employee 3 from the contractor in calendar 4 year 2019; or 5 (bb) severance pay or other 6 benefits upon termination of em- 7 ployment with the contractor 8 which exceeds twice the max- 9 imum total compensation re- 10 ceived by the officer or employee 11 from the contractor in calendar 12 year 2019; and 13 (II) any officer or employee of 14 the contractor whose total compensa- 15 tion exceeded $3,000,000 in calendar 16 year 2019 during any 12 consecutive 17 months of such period total compensa- 18 tion in excess of the sum of— 19 (aa) $3,000,000; and 20 (bb) 50 percent of the excess 21 over $3,000,000 of the total com- 22 pensation received by the officer 23 or employee from the contractor 24 in calendar year 2019. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00280 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 281 •HR 1319 RH (6) the term ‘‘Secretary’’ means the Secretary 1 of the Treasury. 2 (b) PAYROLL SUPPORT GRANTS.— 3 (1) IN GENERAL.—To preserve aviation jobs 4 and compensate air carrier industry workers, the 5 Secretary shall make available to eligible air carriers 6 and eligible contractors, financial assistance exclu- 7 sively for the continuation of payment of employee 8 wages, salaries, and benefits to— 9 (A) eligible air carriers, in an aggregate 10 amount of $14,000,000,000; and 11 (B) eligible contractors, in an aggregate 12 amount of $1,000,000,000. 13 (2) APPORTIONMENTS.— 14 (A) IN GENERAL.—The Secretary shall ap- 15 portion funds to eligible air carriers and eligible 16 contractors in accordance with the requirements 17 of this section not later than April 15, 2021. 18 (B) ELIGIBLE AIR CARRIERS.—The Sec- 19 retary shall apportion funds made available 20 under paragraph (1)(A) to each eligible air car- 21 rier in the ratio that— 22 (i) the amount received by the air car- 23 rier pursuant to section 403(a) of division 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00281 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 282 •HR 1319 RH N of the Consolidated Appropriations Act, 1 2021 (Public Law 116-260) bears to 2 (ii) $15,000,000,000. 3 (C) ELIGIBLE CONTRACTORS.—The Sec- 4 retary shall apportion, to each eligible con- 5 tractor, an amount equal to the total amount 6 such contractor received pursuant to section 7 403(a) of division N of the Consolidated Appro- 8 priations Act, 2021 (Public Law 116-260). 9 (3) IN GENERAL.— 10 (A) FORMS; TERMS AND CONDITIONS.— 11 The Secretary shall provide financial assistance 12 to an eligible air carrier or eligible contractor 13 under this section in the same form and on the 14 same terms and conditions as determined by 15 pursuant to section 403(b)(1)(A) of subtitle A 16 of title IV of division N of the Consolidated Ap- 17 propriations Act, 2021 (Pub. L. No. 116-260). 18 (B) PROCEDURES.—The Secretary shall 19 publish streamlined and expedited procedures 20 not later than 5 days after the date of enact- 21 ment of this section for eligible air carriers and 22 eligible contractors to submit requests for fi- 23 nancial assistance under this section. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00282 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 283 •HR 1319 RH (C) DEADLINE FOR IMMEDIATE PAYROLL 1 ASSISTANCE.—Not later than 10 days after the 2 date of enactment of this section, the Secretary 3 shall make initial payments to air carriers and 4 contractors that submit requests for financial 5 assistance approved by the Secretary. 6 (4) TAXPAYER PROTECTION.—The Secretary 7 shall receive financial instruments issued by recipi- 8 ents of financial assistance under this section in the 9 same form and amount, and under the same terms 10 and conditions, as determined by the Secretary 11 under section 408 of subtitle A of title IV of division 12 N of the Consolidated Appropriations Act, 2021 13 (Pub. L. No. 116-260). 14 (5) ADMINISTRATIVE EXPENSES.—Of the 15 amounts made available under paragraph (1)(A), 16 $10,000,000 shall be made available to the Sec- 17 retary for costs and administrative expenses associ- 18 ated with providing financial assistance under this 19 section. 20 (c) FUNDING.—In addition to amounts otherwise 21 available, there is appropriated for fiscal year 2021, out 22 of any money in the Treasury not otherwise appropriated, 23 $15,000,000,000, to remain available until expended, to 24 carry out this section. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00283 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 284 •HR 1319 RH TITLE V—COMMITTEE ON 1 OVERSIGHT AND REFORM 2 Subtitle A—Coronavirus State and 3 Local Fiscal Recovery Funds 4 SEC. 5001. CORONAVIRUS STATE AND LOCAL FISCAL RE- 5 COVERY FUNDS. 6 (a) IN GENERAL.—Title VI of the Social Security Act 7 (42 U.S.C. 801 et seq.) is amended by adding at the end 8 the following: 9 ‘‘SEC. 602. CORONAVIRUS STATE FISCAL RECOVERY FUND. 10 ‘‘(a) APPROPRIATION.—In addition to amounts oth- 11 erwise available, there is appropriated for fiscal year 2021, 12 out of any money in the Treasury not otherwise appro- 13 priated, $219,800,000,000, to remain available until ex- 14 pended, for making payments under this section to States, 15 territories, and Tribal governments to mitigate the fiscal 16 effects stemming from the public health emergency with 17 respect to the Coronavirus Disease (COVID–19). 18 ‘‘(b) AUTHORITY TO MAKE PAYMENTS.— 19 ‘‘(1) PAYMENTS TO TERRITORIES.— 20 ‘‘(A) IN GENERAL.—The Secretary shall 21 reserve $4,500,000,000 of the amount appro- 22 priated under subsection (a) to make payments 23 to the territories. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00284 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 285 •HR 1319 RH ‘‘(B) ALLOCATION.—Of the amount re- 1 served under subparagraph (A)— 2 ‘‘(i) 50 percent of such amount shall 3 be allocated by the Secretary equally 4 among each territory; and 5 ‘‘(ii) 50 percent of such amount shall 6 be allocated by the Secretary as an addi- 7 tional amount to each territory in an 8 amount which bears the same proportion 9 to 1⁄2 of the total amount reserved under 10 subparagraph (A) as the relative popu- 11 lation of the territory bears to the total 12 population of all such territories. 13 ‘‘(C) PAYMENT.—The Secretary shall pay 14 each territory the total of the amounts allocated 15 for the territory under subparagraph (B). 16 ‘‘(2) PAYMENTS TO TRIBAL GOVERNMENTS.— 17 ‘‘(A) IN GENERAL.—The Secretary shall 18 reserve $20,000,000,000 of the amount appro- 19 priated under subsection (a) to make payments 20 to Tribal governments. 21 ‘‘(B) ALLOCATION.—Of the amount re- 22 served under subparagraph (A)— 23 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00285 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 286 •HR 1319 RH ‘‘(i) $1,000,000,000 shall be allocated 1 by the Secretary equally among each Trib- 2 al government; and 3 ‘‘(ii) $19,000,000,000 shall be allo- 4 cated by the Secretary among each Tribal 5 government in an amount determined by 6 the Secretary. 7 ‘‘(C) PAYMENT.— The Secretary shall pay 8 each Tribal government the total of the 9 amounts allocated for the Tribal government 10 under subparagraph (B). 11 ‘‘(3) PAYMENTS TO EACH OF THE 50 STATES 12 AND THE DISTRICT OF COLUMBIA.— 13 ‘‘(A) IN GENERAL.—The Secretary shall 14 reserve $195,300,000,000 of the amount appro- 15 priated under subsection (a) to make payments 16 to each of the 50 States and the District of Co- 17 lumbia. 18 ‘‘(B) ALLOCATIONS.—Of the amount re- 19 served under subparagraph (A)— 20 ‘‘(i) $25,500,000,000 of such amount 21 shall be allocated by the Secretary equally 22 among each of the 50 States and the Dis- 23 trict of Columbia; 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00286 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 287 •HR 1319 RH ‘‘(ii) an amount equal to 1 $1,250,000,000 less the amount allocated 2 for the District of Columbia pursuant to 3 section 601(c)(6) shall allocated by the 4 Secretary as an additional amount to the 5 District of Columbia; and 6 ‘‘(iii) an amount equal to the remain- 7 der of the amount reserved under subpara- 8 graph (A) after the application of clauses 9 (i) and (ii) of this subparagraph shall be 10 allocated by the Secretary as an additional 11 amount to each of the 50 States and the 12 District of Columbia in an amount which 13 bears the same proportion to such remain- 14 der as the average estimated number of 15 seasonally-adjusted unemployed individuals 16 (as measured by the Bureau of Labor Sta- 17 tistics Local Area Unemployment Statistics 18 program) in the State or District of Co- 19 lumbia over the 3-month period ending in 20 December 2020 bears to the average esti- 21 mated number of seasonally-adjusted un- 22 employed individuals in all of the 50 States 23 and the District of Columbia over the same 24 period. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00287 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 288 •HR 1319 RH ‘‘(C) PAYMENT.—The Secretary shall pay 1 each of the 50 States and the District of Co- 2 lumbia the total of the amounts allocated for 3 the State and District of Columbia under sub- 4 paragraph (B). 5 ‘‘(4) POPULATION DATA.—For purposes of de- 6 termining allocations for a State or territory under 7 this section, the population of the State or territory 8 shall be determined based on the most recent data 9 available from the Bureau of the Census. 10 ‘‘(5) TIMING.— 11 ‘‘(A) IN GENERAL.—Subject to subpara- 12 graph (B), to the extent practicable, with re- 13 spect to each State, territory, and Tribal gov- 14 ernment allocated a payment under this sub- 15 section, the Secretary shall make the payment 16 required for the State, territory, or Tribal gov- 17 ernment (as applicable) not later than 60 days 18 after the date on which the certification re- 19 quired under subsection (d) is provided to the 20 Secretary. 21 ‘‘(B) EXCEPTION.—With respect to the 22 amount allocated to the District of Columbia 23 under paragraph (3)(B)(ii)— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00288 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 289 •HR 1319 RH ‘‘(i) the Secretary shall pay such 1 amount to the District of Columbia not 2 later than 15 days after the date of enact- 3 ment of this section; and 4 ‘‘(ii) the District of Columbia shall 5 not be required to submit a certification 6 under subsection (d) as a condition for re- 7 ceiving such payment. 8 ‘‘(6) PRO RATA ADJUSTMENT AUTHORITY.— 9 The amounts otherwise determined for allocation 10 and payment under paragraphs (1), (2), and (3) 11 may be adjusted by the Secretary on a pro rata 12 basis to the extent necessary to ensure that all avail- 13 able funds are distributed to territories, Tribal gov- 14 ernments, and States in accordance with the require- 15 ments specified in each paragraph (as applicable) 16 and the certification requirement specified in sub- 17 section (d). 18 ‘‘(c) REQUIREMENTS.— 19 ‘‘(1) USE OF FUNDS.—A State, territory, or 20 Tribal government shall only use the funds provided 21 under a payment made under this section to— 22 ‘‘(A) respond to or mitigate the public 23 health emergency with respect to the 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00289 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 290 •HR 1319 RH Coronavirus Disease 2019 (COVID–19) or its 1 negative economic impacts; 2 ‘‘(B) cover costs incurred as a result of 3 such emergency; 4 ‘‘(C) replace revenue that was lost, de- 5 layed, or decreased (as determined based on 6 revenue projections for the State, Tribal Gov- 7 ernment, or territory as of January 27, 2020) 8 as a result of such emergency; or 9 ‘‘(D) address the negative economic im- 10 pacts of such emergency. 11 ‘‘(2) TRANSFER AUTHORITY.—A State, terri- 12 tory, or Tribal government receiving a payment from 13 funds made available under this section may transfer 14 funds to a private nonprofit organization (as that 15 term is defined in paragraph (17) of section 401 of 16 the McKinney-Vento Homeless Assistance Act (42 17 U.S.C. 11360(17)), a public benefit corporation in- 18 volved in the transportation of passengers or cargo, 19 a special-purpose unit of State or local government, 20 or a multi-State entity involved in the transportation 21 of passengers or cargo. 22 ‘‘(d) CERTIFICATION OF NEED AND INTENDED 23 USES.—In order to receive a payment under this section 24 (other than the payment made in accordance with sub- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00290 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 291 •HR 1319 RH section (b)(5)(B)), a State, territory, or Tribal govern- 1 ment shall provide the Secretary with a certification 2 signed by the authorized officer of such State, territory, 3 or Tribal government, that— 4 ‘‘(1) such State, territory, or Tribal government 5 requires Federal assistance under this section to ef- 6 fectively carry out the activities specified in sub- 7 section (c); and 8 ‘‘(2) such State, territory, or Tribal govern- 9 ment’s intended uses of any payment under this sec- 10 tion are consistent with subsection (c). 11 ‘‘(e) DEFINITIONS.—In this section: 12 ‘‘(1) SECRETARY.—The term ‘Secretary’ means 13 the Secretary of the Treasury. 14 ‘‘(2) STATE.—The term ‘State’ means each of 15 the 50 States and the District of Columbia. 16 ‘‘(3) TERRITORY.—The term ‘territory’ means 17 the Commonwealth of Puerto Rico, the United 18 States Virgin Islands, Guam, the Commonwealth of 19 the Northern Mariana Islands, and American 20 Samoa. 21 ‘‘(4) TRIBAL GOVERNMENT.—The term ‘Tribal 22 Government’ means the recognized governing body 23 of any Indian or Alaska Native tribe, band, nation, 24 pueblo, village, community, component band, or com- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00291 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 292 •HR 1319 RH ponent reservation, individually identified (including 1 parenthetically) in the list published most recently as 2 of the date of enactment of this Act pursuant to sec- 3 tion 104 of the Federally Recognized Indian Tribe 4 List Act of 1994 (25 U.S.C. 5131). 5 ‘‘SEC. 603. CORONAVIRUS LOCAL FISCAL RECOVERY FUND. 6 ‘‘(a) APPROPRIATION.—In addition to amounts oth- 7 erwise available, there is appropriated for fiscal year 2021, 8 out of any money in the Treasury not otherwise appro- 9 priated, $130,200,000,000, to remain available until ex- 10 pended, for making payments under this section to metro- 11 politan cities, nonentitlement units of local government, 12 and counties to mitigate the fiscal effects stemming from 13 the public health emergency with respect to the 14 Coronavirus Disease (COVID–19). 15 ‘‘(b) AUTHORITY TO MAKE PAYMENTS.— 16 ‘‘(1) METROPOLITAN CITIES.— 17 ‘‘(A) IN GENERAL.—Of the amount appro- 18 priated under subsection (a), the Secretary 19 shall reserve $45,570,000,000 to make pay- 20 ments to metropolitan cities. 21 ‘‘(B) ALLOCATION AND PAYMENT.—From 22 the amount reserved under subparagraph (A), 23 the Secretary shall allocate and pay to each 24 metropolitan city an amount determined for the 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00292 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 293 •HR 1319 RH metropolitan city pursuant to the formula 1 under section 106(b)(1) of the Housing and 2 Community Development Act of 1974 (42 3 U.S.C. 5306(b)(1)), except that, in applying 4 such formula, the Secretary shall substitute ‘all 5 metropolitan cities’ for ‘all metropolitan areas’ 6 each place it appears. 7 ‘‘(2) NONENTITLEMENT UNITS OF LOCAL GOV- 8 ERNMENT.— 9 ‘‘(A) IN GENERAL.—Of the amount appro- 10 priated under subsection (a), the Secretary 11 shall reserve $19,530,000,000 to make pay- 12 ments to States for distribution by the State to 13 nonentitlement units of local government in the 14 State. 15 ‘‘(B) ALLOCATION AND PAYMENT.—From 16 the amount reserved under subparagraph (A), 17 the Secretary shall allocate and pay to each 18 State an amount which bears the same propor- 19 tion to such reserved amount as the total popu- 20 lation of all nonentitlement units of local gov- 21 ernment in the State bears to the total popu- 22 lation of all nonentitlement units of local gov- 23 ernment in all such States. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00293 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 294 •HR 1319 RH ‘‘(C) DISTRIBUTION TO NONENTITLEMENT 1 UNITS OF LOCAL GOVERNMENT.— 2 ‘‘(i) IN GENERAL.—Not later than 30 3 days after a State receives a payment 4 under subparagraph (B), the State shall 5 distribute to each nonentitlement unit of 6 local government in the State an amount 7 that bears the same proportion to the 8 amount of such payment as the population 9 of the nonentitlement unit of local govern- 10 ment bears to the total population of all 11 the nonentitlement units of local govern- 12 ment in the State, subject to clause (iii). 13 ‘‘(ii) DISTRIBUTION OF FUNDS.— 14 ‘‘(I) EXTENSION FOR DISTRIBU- 15 TION.—If an authorized officer of a 16 State required to make distributions 17 under clause (i) certifies in writing to 18 the Secretary before the end of the 19 30-day distribution period described 20 in such clause that it would constitute 21 an excessive administrative burden for 22 the State to meet the terms of such 23 clause with respect to 1 or more such 24 distributions, the authorized officer 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00294 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 295 •HR 1319 RH may request, and the Secretary shall 1 grant, an extension of such period of 2 not more than 30 days to allow the 3 State to make such distributions in 4 accordance with clause (i). 5 ‘‘(II) ADDITIONAL EXTEN- 6 SIONS.— 7 ‘‘(aa) IN GENERAL.—If a 8 State has been granted an exten- 9 sion to the distribution period 10 under subclause (I) but is unable 11 to make all the distributions re- 12 quired under clause (i) before the 13 end of such period as extended, 14 the authorized officer of the 15 State may request an additional 16 extension of the distribution pe- 17 riod of not more than 30 days. 18 The Secretary may grant a re- 19 quest for an additional extension 20 of such period only if— 21 ‘‘(AA) the authorized 22 officer making such request 23 provides a written plan to 24 the Secretary specifying, for 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00295 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 296 •HR 1319 RH each distribution for which 1 an additional extension is re- 2 quested, when the State ex- 3 pects to make such distribu- 4 tion and the actions the 5 State has taken and will 6 take in order to make all 7 such distributions before the 8 end of the distribution pe- 9 riod (as extended under sub- 10 clause (I) and this sub- 11 clause); and 12 ‘‘(BB) the Secretary 13 certifies in writing that the 14 actions specified in such 15 plan are likely sufficient for 16 the State to make all such 17 distributions before the end 18 of the distribution period (as 19 so extended). 20 ‘‘(bb) FURTHER ADDI- 21 TIONAL EXTENSIONS.—If a State 22 granted an additional extension 23 of the distribution period under 24 item (aa) requires any further 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00296 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 297 •HR 1319 RH additional extensions of such pe- 1 riod, the request only may be 2 made and granted subject to the 3 requirements specified in item 4 (aa). 5 ‘‘(iii) CAPPED AMOUNT.—The total 6 amount distributed to a nonentitlement 7 unit of local government under this para- 8 graph may not exceed the amount equal to 9 75 percent of the most recent budget for 10 the nonentitlement unit of local govern- 11 ment as of January 27, 2020. 12 ‘‘(iv) REDISTRIBUTION OF EXCESS 13 AMOUNTS.—Any amounts not distributed 14 to a nonentitlement unit of local govern- 15 ment as a result of the application of 16 clause (iii) shall be retained or paid as fol- 17 lows: 18 ‘‘(I) 50 percent of all such undis- 19 tributed amounts shall be retained by 20 the State. 21 ‘‘(II) Subject to the payment 22 limit under clause (iii), the remainder 23 of all such undistributed amounts 24 shall be allocated and paid by the 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00297 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 298 •HR 1319 RH State to each nonentitlement unit of 1 local government in the State an 2 amount that bears the same propor- 3 tion to such remainder as the popu- 4 lation of the nonentitlement unit of 5 local government bears to the total 6 population of all nonentitlement units 7 of local government in the State. 8 ‘‘(v) ADJUSTMENT AUTHORITY.—A 9 State may make pro rata adjustments to 10 the allocations determined under clause 11 (iv)(II) as necessary to comply with clause 12 (iii) and ensure that all available funds are 13 distributed to nonentitlement units of local 14 government in a State. 15 ‘‘(D) PENALTY FOR NONCOMPLIANCE.—If, 16 by the end of the 120-day period that begins on 17 the date a State receives a payment under sub- 18 paragraph (B) or, if later, the last day of the 19 distribution period for the State (as extended 20 with respect to the State under subparagraph 21 (C)(ii)), such State has failed to make all the 22 distributions from such payment in accordance 23 with the terms of subparagraph (C) (including 24 any extensions of the distribution period grant- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00298 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 299 •HR 1319 RH ed in accordance with such subparagraph), an 1 amount equal to the amount of such payment 2 that remains undistributed as of such date shall 3 be booked as a debt of such State owed to the 4 Federal Government, shall be paid back from 5 the State’s allocation provided under section 6 602(b)(3)(B)(iii), and shall be deposited into 7 the general fund of the Treasury. 8 ‘‘(3) COUNTIES.— 9 ‘‘(A) AMOUNT.—From the amount appro- 10 priated under subsection (a), the Secretary 11 shall reserve $65,100,000,000 of such amount 12 to make payments directly to counties within 13 the 50 States, the District of Columbia, the 14 Commonwealth of Puerto Rico, the United 15 States Virgin Islands, Guam, the Common- 16 wealth of the Northern Mariana Islands, and 17 American Samoa in an amount which bears the 18 same proportion to the total amount reserved 19 under this paragraph as the relative population 20 of each such county bears to the total popu- 21 lation of all such entities. 22 ‘‘(B) SPECIAL RULES.— 23 ‘‘(i) URBAN COUNTIES.—No county 24 that is an ‘urban county’ (as defined in 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00299 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 300 •HR 1319 RH section 102 of the Housing and Commu- 1 nity Development Act of 1974 (42 U.S.C. 2 5302)) shall receive less than the amount 3 the county would otherwise receive if the 4 amount paid under this paragraph were al- 5 located to metropolitan cities and urban 6 counties under section 106(b) of the Hous- 7 ing and Community Development Act of 8 1974 (42 U.S.C. 5306(b)). 9 ‘‘(ii) COUNTIES THAT ARE NOT UNITS 10 OF GENERAL LOCAL GOVERNMENT.—In 11 the case of an amount to be paid to a 12 county that is not a unit of general local 13 government, the amount shall instead be 14 paid to the State in which such county is 15 located, and such State shall distribute 16 such amount to units of general local gov- 17 ernment within such county in an amounts 18 that bear the same proportion as the popu- 19 lation of such units of general local govern- 20 ment bear to the total population of such 21 county. 22 ‘‘(iii) DISTRICT OF COLUMBIA.—For 23 purposes of this paragraph, the District of 24 Columbia shall be considered to consist of 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00300 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 301 •HR 1319 RH a single county that is a unit of general 1 local government. 2 ‘‘(4) CONSOLIDATED GOVERNMENTS.—A unit 3 of general local government that has formed a con- 4 solidated government, or that is geographically con- 5 tained (in full or in part) within the boundaries of 6 another unit of general local government may receive 7 a distribution under each of paragraphs (1), (2), and 8 (3), as applicable, based on the respective formulas 9 specified in such paragraphs. 10 ‘‘(5) PRO RATA ADJUSTMENT AUTHORITY.— 11 The amounts otherwise determined for allocation 12 and payment under paragraphs (1), (2), and (3) 13 may be adjusted by the Secretary on a pro rata 14 basis to the extent necessary to ensure that all avail- 15 able funds are distributed to metropolitan cities, 16 counties, and States in accordance with the require- 17 ments specified in each paragraph (as applicable) 18 and the certification requirement specified in sub- 19 section (d). 20 ‘‘(6) POPULATION.—For purposes of deter- 21 mining allocations under this section, the population 22 of an entity shall be determined based on the most 23 recent data are available from the Bureau of the 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00301 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 302 •HR 1319 RH Census or, if not available, from such other data as 1 a State determines appropriate. 2 ‘‘(7) TIMING.—To the extent practicable— 3 ‘‘(A) with respect to each metropolitan city 4 allocated a payment under paragraph (1) and 5 each county allocated a payment under para- 6 graph (3), the Secretary shall make the pay- 7 ment required for the metropolitan city or coun- 8 ty (as applicable) not later than 60 days after 9 the date on which the certification required 10 under subsection (d) is provided to the Sec- 11 retary; and 12 ‘‘(B) with respect to the payments allo- 13 cated to States under paragraph (2) for dis- 14 tribution to nonentitlement units of local gov- 15 ernment, the Secretary shall make such pay- 16 ments not later than 60 days after the date of 17 enactment of this section. 18 ‘‘(c) REQUIREMENTS.— 19 ‘‘(1) USE OF FUNDS.—A metropolitan city, 20 nonentitlement unit of local government, or county 21 receiving a payment from funds made available 22 under this section shall only use such amounts to— 23 ‘‘(A) respond to or mitigate the public 24 health emergency with respect to the 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00302 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 303 •HR 1319 RH Coronavirus Disease 2019 (COVID–19) or its 1 negative economic impacts; 2 ‘‘(B) cover costs incurred as a result of 3 such emergency; 4 ‘‘(C) replace revenue that was lost, de- 5 layed, or decreased (as determined based on 6 revenue projections for the metropolitan city, 7 nonentitlement unit of local government, or 8 county as of January 27, 2020) as a result of 9 such emergency; or 10 ‘‘(D) address the negative economic im- 11 pacts of such emergency. 12 ‘‘(2) TRANSFER AUTHORITY.—A metropolitan 13 city, nonentitlement unit of local government, or 14 county receiving a payment from funds made avail- 15 able under this section may transfer funds to a pri- 16 vate nonprofit organization (as that term is defined 17 in paragraph (17) of section 401 of the McKinney- 18 Vento Homeless Assistance Act (42 U.S.C. 19 11360(17)), a public benefit corporation involved in 20 the transportation of passengers or cargo, a special- 21 purpose unit of State or local government, or a 22 multi-State entity involved in the transportation of 23 passengers or cargo. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00303 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 304 •HR 1319 RH ‘‘(d) CERTIFICATION OF NEED AND INTENDED 1 USES.—In order to receive a payment under paragraphs 2 (1) or (3) of subsection (b), a metropolitan city or a coun- 3 ty (as each of those terms are defined in subsection (e), 4 shall provide the Secretary with a certification signed by 5 the authorized officer of such metropolitan city or county, 6 that— 7 ‘‘(1) such metropolitan city or county requires 8 Federal assistance under this section to effectively 9 carry out the activities specified in subsection (c); 10 and 11 ‘‘(2) such metropolitan city or county’s intended 12 uses of any payment under this section are con- 13 sistent with subsection (c). 14 ‘‘(e) DEFINITIONS.—In this section: 15 ‘‘(1) COUNTY.—The term ‘county’ means a 16 county, parish, or other equivalent county division 17 (as defined by the Bureau of the Census). 18 ‘‘(2) METROPOLITAN CITY.—The term ‘metro- 19 politan city’ has the meaning given that term in sec- 20 tion 102(a)(4) of the Housing and Community De- 21 velopment Act of 1974 (42 U.S.C. 5302(a)(4)) and 22 includes cities that relinquish or defer their status as 23 a metropolitan city for purposes of receiving alloca- 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00304 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 305 •HR 1319 RH tions under section 106 of such Act (42 U.S.C. 1 5306) for fiscal year 2021. 2 ‘‘(3) NONENTITLEMENT UNIT OF LOCAL GOV- 3 ERNMENT.—The term ‘nonentitlement unit of local 4 government’ means a unit of general local govern- 5 ment, other than a county, that is located in a non- 6 entitlement area (as defined in section 102 of the 7 Housing and Community Development Act of 1974 8 (42 U.S.C. 5302)) of a State (as that term is de- 9 fined in such section 102). 10 ‘‘(4) SECRETARY.—The term ‘Secretary’ means 11 the Secretary of the Treasury. 12 ‘‘(5) STATE.—The term ‘State’ has the mean- 13 ing given that term in section 102(a)(2) of the 14 Housing and Community Development Act of 1974 15 (42 U.S.C. 5302 (a)(2). 16 ‘‘(6) UNIT OF GENERAL LOCAL GOVERN- 17 MENT.—The term ‘unit of general local government’ 18 has the meaning given that term in section 19 102(a)(1) of the Housing and Community Develop- 20 ment Act of 1974 (42 U.S.C. 5302(a)(1)).’’. 21 (b) TECHNICAL AMENDMENT.—The heading for title 22 VI of the Social Security Act (42 U.S.C. 801 et seq.) is 23 amended by striking ‘‘FUND’’ and inserting ‘‘AND 24 FISCAL RECOVERY FUNDS’’. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00305 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 306 •HR 1319 RH Subtitle B—Other Matters 1 SEC. 5111. EMERGENCY FEDERAL EMPLOYEE LEAVE FUND. 2 (a) ESTABLISHMENT; APPROPRIATION.—There is es- 3 tablished in the Treasury the Emergency Federal Em- 4 ployee Leave Fund (in this section referred to as the 5 ‘‘Fund’’), to be administered by the Director of the Office 6 of Personnel Management, for the purposes set forth in 7 subsection (b). In addition to amounts otherwise available, 8 there is appropriated for fiscal year 2021, out of any 9 money in the Treasury not otherwise appropriated, 10 $570,000,000, to be deposited into the Fund. 11 (b) PURPOSE.—Amounts in the Fund shall be avail- 12 able for payment to an agency for the use of paid leave 13 by any employee of the agency who is unable to work be- 14 cause the employee— 15 (1) is subject to a Federal, State, or local quar- 16 antine or isolation order related to COVID–19; 17 (2) has been advised by a health care provider 18 to self-quarantine due to concerns related to 19 COVID–19; 20 (3) is caring for an individual who is subject to 21 such an order or has been so advised; 22 (4) is experiencing symptoms of COVID–19 23 and seeking a medical diagnosis; 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00306 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 307 •HR 1319 RH (5) is caring for a son or daughter of such em- 1 ployee if the school or place of care of the son or 2 daughter has been closed, if the school of such son 3 or daughter requires or makes optional a virtual 4 learning instruction model or requires or makes op- 5 tional a hybrid of in-person and virtual learning in- 6 struction models, or the child care provider of such 7 son or daughter is unavailable, due to COVID–19 8 precautions; 9 (6) is experiencing any other substantially simi- 10 lar condition; 11 (7) is caring for a family member with a mental 12 or physical disability or who is 55 years of age or 13 older and incapable of self-care, without regard to 14 whether another individual other than the employee 15 is available to care for such family member, if the 16 place of care for such family member is closed or the 17 direct care provider is unavailable due to COVID– 18 19; or 19 (8) is obtaining immunization related to 20 COVID–19 or to recover from any injury, disability, 21 illness, or condition related to such immunization. 22 (c) LIMITATIONS.— 23 (1) PERIOD OF AVAILABILITY.—Paid leave 24 under this section may only be provided to and used 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00307 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 308 •HR 1319 RH by an employee during the period beginning on the 1 date of enactment of this Act and ending on Sep- 2 tember 30, 2021. 3 (2) TOTAL HOURS; AMOUNT.—Paid leave under 4 this section— 5 (A) may be provided to an employee in an 6 amount not to exceed 600 hours of paid leave 7 for each full-time employee, and in the case of 8 a part-time employee, employee on an uncom- 9 mon tour of duty, or employee with a seasonal 10 work schedule, in an amount not to exceed the 11 proportional equivalent of 600 hours as estab- 12 lished by the applicable agency; and 13 (B) may not be provided to an employee — 14 (i) at a rate that exceeds $35 for each 15 hour of leave taken; and 16 (ii) in an amount greater than $1,400 17 in aggregate for any week. 18 (3) RELATIONSHIP TO OTHER LEAVE.—Paid 19 leave under this section— 20 (A) is in addition to any other leave pro- 21 vided to an employee; and 22 (B) may not be used by an employee con- 23 currently with any other paid leave. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00308 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 309 •HR 1319 RH (4) CALCULATION OF ANNUITY.—Any paid 1 leave provided to an employee under this section 2 shall not count for purposes of determining the an- 3 nuity of the employee, including an annuity under 4 chapter 83 or 84 of title 5, United States Code. 5 (d) DEFINITIONS.—In this section— 6 (1) the term ‘‘agency’’ means— 7 (A) any agency or instrumentality of the 8 executive branch of Government; 9 (B) the United States Postal Service and 10 the Postal Regulatory Commission; and 11 (C) the Public Defender Service for the 12 District of Columbia and the District of Colum- 13 bia Courts; and 14 (2) the term ‘‘employee’’ does not include any 15 member of the Armed Forces. 16 (e) CLARIFICATION.—Notwithstanding section 17 7425(b) of title 38, United States Code, the term ‘‘agen- 18 cy’’ in subsection (d)(1) includes the Veterans Health Ad- 19 ministration. 20 SEC. 5112. FUNDING FOR THE GOVERNMENT ACCOUNT- 21 ABILITY OFFICE. 22 In addition to amounts otherwise available, there is 23 appropriated for fiscal year 2021, out of any money in 24 the Treasury not otherwise appropriated, $77,000,000, to 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00309 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 310 •HR 1319 RH remain available until September 30, 2025, for necessary 1 expenses of the Government Accountability Office to pre- 2 vent, prepare for, and respond to Coronavirus and to sup- 3 port oversight of the Coronavirus response and of funds 4 provided in this Act or any other Act pertaining to the 5 Coronavirus pandemic. 6 SEC. 5113. PANDEMIC RESPONSE ACCOUNTABILITY COM- 7 MITTEE FUNDING AVAILABILITY. 8 In addition to amounts otherwise available, there is 9 appropriated for fiscal year 2021, out of any money in 10 the Treasury not otherwise appropriated, $40,000,000, to 11 remain available until September 30, 2025, for the Pan- 12 demic Response Accountability Committee to promote 13 transparency and support oversight of the Coronavirus re- 14 sponse and of funds provided in this Act or any other Act 15 pertaining to the Coronavirus pandemic. 16 TITLE VI—COMMITTEE ON 17 SMALL BUSINESS 18 SEC. 6001. MODIFICATIONS TO PAYCHECK PROTECTION 19 PROGRAM. 20 (a) ELIGIBILITY OF CERTAIN NONPROFIT ENTITIES 21 FOR COVERED LOANS UNDER THE PAYCHECK PROTEC- 22 TION PROGRAM.— 23 (1) IN GENERAL.—Section 7(a)(36) of the 24 Small Business Act (15 U.S.C. 636(a)(36)), as 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00310 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 311 •HR 1319 RH amended by the Economic Aid to Hard-Hit Small 1 Businesses, Nonprofits, and Venues Act (title III of 2 division N of Public Law 116–260), is amended— 3 (A) in subparagraph (A)— 4 (i) in clause (xv), by striking ‘‘and’’ at 5 the end; 6 (ii) in clause (xvi), by striking the pe- 7 riod at the end and inserting ‘‘; and’’; and 8 (iii) by adding at the end the fol- 9 lowing: 10 ‘‘(xvii) the term ‘additional covered 11 nonprofit entity’— 12 ‘‘(I) means an organization de- 13 scribed in any paragraph of section 14 501(c) of the Internal Revenue Code 15 of 1986, other than paragraph (3), 16 (4), (6), or (19), and exempt from tax 17 under section 501(a) of such Code; 18 and 19 ‘‘(II) does not include any entity 20 that, if the entity were a business con- 21 cern, would be described in section 22 120.110 of title 13, Code of Federal 23 Regulations (or in any successor regu- 24 lation or other related guidance or 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00311 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 312 •HR 1319 RH rule that may be issued by the Admin- 1 istrator) other than a business con- 2 cern described in paragraph (a) or (k) 3 of such section.’’; and 4 (B) in subparagraph (D)— 5 (i) in clause (iii), by adding at the end 6 the following: 7 ‘‘(III) ELIGIBILITY OF CERTAIN 8 ORGANIZATIONS.—Subject to the pro- 9 visions in this subparagraph, during 10 the covered period— 11 ‘‘(aa) a nonprofit organiza- 12 tion shall be eligible to receive a 13 covered loan if the nonprofit or- 14 ganization employs not more 15 than 500 employees per physical 16 location of the organization; and 17 ‘‘(bb) an additional covered 18 nonprofit entity and an organiza- 19 tion that, but for subclauses 20 (I)(dd) and (II)(dd) of clause 21 (vii), would be eligible for a cov- 22 ered loan under clause (vii) shall 23 be eligible to receive a covered 24 loan if the entity or organization 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00312 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 313 •HR 1319 RH employs not more than 300 em- 1 ployees per physical location of 2 the entity or organization.’’; 3 (ii) in clause (iv)— 4 (I) in subclause (III), by striking 5 ‘‘and’’ at the end; 6 (II) in subclause (IV)— 7 (aa) by striking ‘‘(aa)’’; 8 (bb) by striking ‘‘; or’’ and 9 inserting a semicolon; and 10 (cc) by striking item (bb); 11 and 12 (III) by adding at the end the 13 following: 14 ‘‘(V) any nonprofit organization, 15 additional covered nonprofit entity, or 16 any organization made eligible for a 17 loan under clause (vii); and’’; and 18 (iii) by striking clause (vi) and insert- 19 ing the following: 20 ‘‘(vi) ELIGIBILITY OF ADDITIONAL 21 COVERED NONPROFIT ENTITIES.—An addi- 22 tional covered nonprofit entity shall be eli- 23 gible to receive a covered loan if— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00313 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 314 •HR 1319 RH ‘‘(I) the additional covered non- 1 profit entity does not receive more 2 than 15 percent of its receipts from 3 lobbying activities; 4 ‘‘(II) the lobbying activities of 5 the additional covered nonprofit entity 6 do not comprise more than 15 percent 7 of the total activities of the organiza- 8 tion; 9 ‘‘(III) the cost of the lobbying ac- 10 tivities of the additional covered non- 11 profit entity did not exceed 12 $1,000,000 during the most recent 13 tax year of the additional covered non- 14 profit entity that ended prior to Feb- 15 ruary 15, 2020; and 16 ‘‘(IV) the additional covered non- 17 profit entity employs not more than 18 300 employees.’’. 19 (2) ELIGIBILITY FOR SECOND DRAW LOANS.— 20 Paragraph (37)(A)(i) of section 7(a) of the Small 21 Business Act (15 U.S.C. 636(a)), as added by the 22 Economic Aid to Hard-Hit Small Businesses, Non- 23 profits, and Venues Act (title III of division N of 24 Public Law 116–260), is amended by inserting ‘‘ ‘ad- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00314 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 315 •HR 1319 RH ditional covered nonprofit entity’,’’ after ‘‘the 1 terms’’. 2 (b) ELIGIBILITY OF INTERNET PUBLISHING ORGANI- 3 ZATIONS FOR COVERED LOANS UNDER THE PAYCHECK 4 PROTECTION PROGRAM.— 5 (1) IN GENERAL.—Section 7(a)(36)(D) of the 6 Small Business Act (15 U.S.C. 636(a)(36)(D)), as 7 amended by subsection (a), is further amended— 8 (A) in clause (iii), by adding at the end the 9 following: 10 ‘‘(IV) ELIGIBILITY OF INTERNET 11 PUBLISHING ORGANIZATIONS.—A 12 business concern or other organization 13 that was not eligible to receive a cov- 14 ered loan the day before the date of 15 enactment of this subclause, is as- 16 signed a North American Industry 17 Classification System code of 519130, 18 certifies in good faith as an Internet- 19 only news publisher or Internet-only 20 periodical publisher, and is engaged in 21 the collection and distribution of local 22 or regional and national news and in- 23 formation shall be eligible to receive a 24 covered loan for the continued provi- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00315 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 316 •HR 1319 RH sion of news, information, content, or 1 emergency information if— 2 ‘‘(aa) the business concern 3 or organization employs not more 4 than 500 employees, or the size 5 standard established by the Ad- 6 ministrator for that North Amer- 7 ican Industry Classification code, 8 per physical location of the busi- 9 ness concern or organization; and 10 ‘‘(bb) the business concern 11 or organization makes a good 12 faith certification that proceeds 13 of the loan will be used to sup- 14 port expenses at the component 15 of the business concern or orga- 16 nization that supports local or re- 17 gional news.’’; 18 (B) in clause (iv), by adding at the end the 19 following: 20 ‘‘(VI) any business concern or 21 other organization that was not eligi- 22 ble to receive a covered loan the day 23 before the date of enactment of this 24 subclause, is assigned a North Amer- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00316 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 317 •HR 1319 RH ican Industry Classification System 1 code of 519130, certifies in good faith 2 as an Internet-only news publisher or 3 Internet-only periodical publisher, and 4 is engaged in the collection and dis- 5 tribution of local or regional and na- 6 tional news and information, if the 7 business concern or organization— 8 ‘‘(aa) employs not more 9 than 500 employees, or the size 10 standard established by the Ad- 11 ministrator for that North Amer- 12 ican Industry Classification code, 13 per physical location of the busi- 14 ness concern or organization; and 15 ‘‘(bb) is majority owned or 16 controlled by a business concern 17 or organization that is assigned a 18 North American Industry Classi- 19 fication System code of 20 519130.’’; 21 (C) in clause (v), by striking ‘‘clause 22 (iii)(II), (iv)(IV), or (vii)’’ and inserting ‘‘sub- 23 clause (II), (III), or (IV) of clause (iii), sub- 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00317 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 318 •HR 1319 RH clause (IV) or (VI) of clause (iv), clause (vi), or 1 clause (vii)’’; and 2 (D) in clause (viii)(II)— 3 (i) by striking ‘‘business concern made 4 eligible by clause (iii)(II) or clause (iv)(IV) 5 of this subparagraph’’ and inserting ‘‘busi- 6 ness concern made eligible by subclause 7 (II) or (IV) of clause (iii) or subclause (IV) 8 or (VI) of clause (iv) of this subpara- 9 graph’’; and 10 (ii) by inserting ‘‘or organization’’ 11 after ‘‘business concern’’ each place it ap- 12 pears. 13 (2) ELIGIBILITY FOR SECOND DRAW LOANS.— 14 Section 7(a)(37)(A)(iv)(II) of the Small Business 15 Act, as amended by the Economic Aid to Hard-Hit 16 Small Businesses, Nonprofits, and Venues Act (title 17 III of division N of Public Law 116–260), is amend- 18 ed by striking ‘‘clause (iii)(II), (iv)(IV), or (vii)’’ and 19 inserting ‘‘subclause (II) or (III) of clause (iii), sub- 20 clause (IV) or (V) of clause (iv), clause (vi), or 21 clause (vii)’’. 22 (c) COORDINATION WITH CONTINUATION COVERAGE 23 PREMIUM ASSISTANCE.— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00318 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 319 •HR 1319 RH (1) PAYCHECK PROTECTION PROGRAM.—Sec- 1 tion 7A(a)(12) of the Small Business Act (as redes- 2 ignated, transferred, and amended by section 304(b) 3 of the Economic Aid to Hard-Hit Small Businesses, 4 Nonprofits, and Venues Act (Public Law 116–260)) 5 is amended— 6 (A) by striking ‘‘CARES Act or’’ and in- 7 serting ‘‘CARES Act,’’; and 8 (B) by inserting before the period at the 9 end the following: ‘‘, or premiums taken into 10 account in determining the credit allowed under 11 section 6432 of the Internal Revenue Code of 12 1986’’. 13 (2) PAYCHECK PROTECTION PROGRAM SECOND 14 DRAW.—Section 7(a)(37)(J)(iii)(I) of the Small 15 Business Act, as amended by the Economic Aid to 16 Hard-Hit Small Businesses, Nonprofits, and Venues 17 Act (title III of division N of Public Law 116–260), 18 is amended— 19 (A) by striking ‘‘or’’ at the end of item 20 (aa); 21 (B) by striking the period at the end of 22 item (bb) and inserting ‘‘; or’’; and 23 (C) by adding at the end the following new 24 item: 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00319 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 320 •HR 1319 RH ‘‘(cc) premiums taken into 1 account in determining the credit 2 allowed under section 6432 of the 3 Internal Revenue Code of 1986.’’. 4 (3) APPLICABILITY.—The amendments made 5 by this subsection shall apply only with respect to 6 applications for forgiveness of covered loans made 7 under paragraphs (36) or (37) of section 7(a) of the 8 Small Business Act, as amended by the Economic 9 Aid to Hard-Hit Small Businesses, Nonprofits, and 10 Venues Act (title III of division N of Public Law 11 116–260), that are received on or after the date of 12 the enactment of this Act. 13 (d) COMMITMENT AUTHORITY AND APPROPRIA- 14 TIONS.— 15 (1) COMMITMENT AUTHORITY.—Section 16 1102(b)(1) of the CARES Act (Public Law 116– 17 136) is amended by striking ‘‘$806,450,000,000’’ 18 and inserting ‘‘$813,700,000,000’’. 19 (2) DIRECT APPROPRIATIONS.—In addition to 20 amounts otherwise available, there is appropriated to 21 the Administrator of the Small Business Administra- 22 tion for fiscal year 2021, out of any money in the 23 Treasury not otherwise appropriated, 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00320 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 321 •HR 1319 RH $7,250,000,000, to remain available until expended, 1 for carrying out this section. 2 SEC. 6002. TARGETED EIDL ADVANCE. 3 (a) DEFINITIONS.—In this section— 4 (1) the term ‘‘Administrator’’ means the Ad- 5 ministrator of the Small Business Administration; 6 (2) the terms ‘‘covered entity’’ and ‘‘economic 7 loss’’ have the meanings given the terms in section 8 331(a) of the Economic Aid to Hard-Hit Small 9 Businesses, Nonprofits, and Venues Act (title III of 10 division N of Public Law 116–260); 11 (3) the term ‘‘severely impacted small business’’ 12 means a covered entity that— 13 (A) has suffered an economic loss of great- 14 er than 50 percent; and 15 (B) employs not more than 10 employees; 16 (4) the term ‘‘substantially impacted small busi- 17 ness’’ means a covered entity that— 18 (A) employs not more than 10 employees; 19 and 20 (B) is not a severely impacted small busi- 21 ness; and 22 (5) the term ‘‘supplemental payment’’ means a 23 payment— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00321 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 322 •HR 1319 RH (A) made by the Administrator under sec- 1 tion 1110(e) of the CARES Act (15 U.S.C. 2 9009(e)) to a severely impacted small business 3 or a substantially impacted small business; 4 (B) in an amount that is $5,000; and 5 (C) that, with respect to a covered entity, 6 is in addition to any payment made to the cov- 7 ered entity under section 1110(e) of the 8 CARES Act (15 U.S.C. 9009(e)) or section 331 9 of the Economic Aid to Hard-Hit Small Busi- 10 nesses, Nonprofits, and Venues Act (title III of 11 division N of Public Law 116–260). 12 (b) PAYMENTS.—The Administrator shall take the 13 following actions: 14 (1) Not later than 14 days after the date of the 15 enactment of this subsection, the Administrator shall 16 begin processing applications for payments, and may 17 make payments, to covered entities that have not re- 18 ceived the full amounts to which the covered entities 19 are entitled under section 331 of the Economic Aid 20 to Hard-Hit Small Businesses, Nonprofits, and 21 Venues Act (title III of division N of Public Law 22 116–260). 23 (2)(A) During the 14-day period beginning on 24 the date that is 28 days after the date of enactment 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00322 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 323 •HR 1319 RH of this subsection, and subject to the availability of 1 funds, the Administrator shall— 2 (i) begin processing applications for sup- 3 plemental payments to severely impacted small 4 businesses; and 5 (ii) continue to process applications for the 6 payments described in paragraph (1). 7 (B) During the period described in subpara- 8 graph (A), the Administrator may make supple- 9 mental payments to severely impacted small busi- 10 nesses, and payments described in paragraph (1), in 11 the order that the Administrator receives applica- 12 tions for those payments. 13 (3)(A) Beginning on the date that is 42 days 14 after the date of enactment of this subsection, and 15 subject to the availability of funds, the Adminis- 16 trator shall— 17 (i) begin processing applications for sup- 18 plemental payments to substantially impacted 19 small businesses; and 20 (ii) continue to process applications for the 21 supplemental payments described in paragraph 22 (2) and payments described in paragraph (1). 23 (B) During the period described in subpara- 24 graph (A), the Administrator may make supple- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00323 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 324 •HR 1319 RH mental payments to substantially impacted small 1 businesses, supplemental payments described in 2 paragraph (2), and payments described in paragraph 3 (1), in the order that the Administrator receives ap- 4 plications for those payments. 5 (c) APPROPRIATIONS.—In addition to amounts other- 6 wise available, there is appropriated to the Administrator 7 for fiscal year 2021, out of any money in the Treasury 8 not otherwise appropriated, $15,000,000,000, to remain 9 available until expended, for carrying out this section. 10 SEC. 6003. SUPPORT FOR RESTAURANTS. 11 (a) DEFINITIONS.—In this section: 12 (1) ADMINISTRATOR.—The term ‘‘Adminis- 13 trator’’ means the Administrator of the Small Busi- 14 ness Administration. 15 (2) AFFILIATED BUSINESS.—The term ‘‘affili- 16 ated business’’ means a business in which an eligible 17 entity has an equity or right to profit distributions 18 of not less than 50 percent, or in which an eligible 19 entity has the contractual authority to control the 20 direction of the business, provided that such affili- 21 ation shall be determined as of any arrangements or 22 agreements in existence as of March 13, 2020. 23 (3) COVERED PERIOD.—The term ‘‘covered pe- 24 riod’’ means the period— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00324 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 325 •HR 1319 RH (A) beginning on February 15, 2020; and 1 (B) ending on December 31, 2021, or a 2 date to be determined by the Administrator 3 that is not later than 2 years after the date of 4 enactment of this section. 5 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 6 ty’’— 7 (A) means a restaurant, food stand, food 8 truck, food cart, caterer, saloon, inn, tavern, 9 bar, lounge, brewpub, tasting room, taproom, li- 10 censed facility or premise of a beverage alcohol 11 producer where the public may taste, sample, or 12 purchase products, or other similar place of 13 business in which the public or patrons assem- 14 ble for the primary purpose of being served food 15 or drink; 16 (B) includes an entity described in sub- 17 paragraph (A) that is located in an airport ter- 18 minal or that is a Tribally-owned concern; and 19 (C) does not include— 20 (i) an entity described in subpara- 21 graph (A) that— 22 (I) is a State or local govern- 23 ment-operated business; 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00325 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 326 •HR 1319 RH (II) as of March 13, 2020, owns 1 or operates (together with any affili- 2 ated business) more than 20 locations, 3 regardless of whether those locations 4 do business under the same or mul- 5 tiple names; or 6 (III) has a pending application 7 for or has received a grant under sec- 8 tion 324 of the Economic Aid to 9 Hard-Hit Small Businesses, Non- 10 profits, and Venues Act (title III of 11 division N of Public Law 116–260); 12 or 13 (ii) a publicly-traded company. 14 (5) EXCHANGE; ISSUER; SECURITY.—The terms 15 ‘‘exchange’’, ‘‘issuer’’, and ‘‘security’’ have the 16 meanings given those terms in section 3(a) of the 17 Securities Exchange Act of 1934 (15 U.S.C. 78c(a)). 18 (6) FUND.—The term ‘‘Fund’’ means the Res- 19 taurant Revitalization Fund established under sub- 20 section (b). 21 (7) PANDEMIC-RELATED REVENUE LOSS.—The 22 term ‘‘pandemic-related revenue loss’’ means, with 23 respect to an eligible entity— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00326 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 327 •HR 1319 RH (A) except as provided in subparagraphs 1 (B), (C), and (D), the gross receipts, as estab- 2 lished using such verification documentation as 3 the Administrator may require, of the eligible 4 entity during 2020 subtracted from the gross 5 receipts of the eligible entity in 2019, if such 6 sum is greater than zero; 7 (B) if the eligible entity was not in oper- 8 ation for the entirety of 2019— 9 (i) the difference between— 10 (I) the product obtained by mul- 11 tiplying the average monthly gross re- 12 ceipts of the eligible entity in 2019 by 13 12; and 14 (II) the product obtained by mul- 15 tiplying the average monthly gross re- 16 ceipts of the eligible entity in 2020 by 17 12; or 18 (ii) an amount based on a formula de- 19 termined by the Administrator; 20 (C) if the eligible entity opened during the 21 period beginning on January 1, 2020, and end- 22 ing on the day before the date of enactment of 23 this section— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00327 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 328 •HR 1319 RH (i) the expenses described in sub- 1 section (c)(5)(A) that were incurred by the 2 eligible entity minus any gross receipts re- 3 ceived; or 4 (ii) an amount based on a formula de- 5 termined by the Administrator; or 6 (D) if the eligible entity has not yet opened 7 as of the date of application for a grant under 8 subsection (c), but has incurred expenses de- 9 scribed in subsection (c)(5)(A) as of the date of 10 enactment of this section— 11 (i) the amount of those expenses; or 12 (ii) an amount based on a formula de- 13 termined by the Administrator. 14 For purposes of this paragraph, the pandemic-re- 15 lated revenue losses for an eligible entity shall be re- 16 duced by any amounts received from a covered loan 17 made under paragraph (36) or (37) of section 7(a) 18 of the Small Business Act (15 U.S.C. 636(a)) in 19 2020 or 2021. 20 (8) PAYROLL COSTS.—The term ‘‘payroll costs’’ 21 has the meaning given the term in section 22 7(a)(36)(A) of the Small Business Act (15 U.S.C. 23 636(a)(36)(A)), except that such term shall not in- 24 clude— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00328 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 329 •HR 1319 RH (A) qualified wages (as defined in sub- 1 section (c)(3) of section 2301 of the CARES 2 Act) taken into account in determining the 3 credit allowed under such section 2301; or 4 (B) premiums taken into account in deter- 5 mining the credit allowed under section 6432 of 6 the Internal Revenue Code of 1986. 7 (9) PUBLICLY-TRADED COMPANY.—The term 8 ‘‘publicly-traded company’’ means an entity that is 9 majority owned or controlled by an entity that is an 10 issuer, the securities of which are listed on a na- 11 tional securities exchange under section 6 of the Se- 12 curities Exchange Act of 1934 (15 U.S.C. 78f). 13 (10) TRIBALLY-OWNED CONCERN.—The term 14 ‘‘Tribally-owned concern’’ has the meaning given the 15 term in section 124.3 of title 13, Code of Federal 16 Regulations, or any successor regulation. 17 (b) RESTAURANT REVITALIZATION FUND.— 18 (1) IN GENERAL.—There is established in the 19 Treasury of the United States a fund to be known 20 as the Restaurant Revitalization Fund. 21 (2) APPROPRIATIONS.— 22 (A) IN GENERAL.—In addition to amounts 23 otherwise available, there is appropriated to the 24 Restaurant Revitalization Fund for fiscal year 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00329 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 330 •HR 1319 RH 2021, out of any money in the Treasury not 1 otherwise appropriated, $25,000,000,000, to re- 2 main available until expended. 3 (B) DISTRIBUTION.— 4 (i) IN GENERAL.—Of the amounts 5 made available under subparagraph (A)— 6 (I) $5,000,000,000 shall be avail- 7 able to eligible entities with gross re- 8 ceipts during 2019 of not more than 9 $500,000; and 10 (II) $20,000,000,000 shall be 11 available to the Administrator to 12 award grants under subsection (c) in 13 an equitable manner to eligible enti- 14 ties of different sizes based on annual 15 gross receipts. 16 (ii) ADJUSTMENTS.—The Adminis- 17 trator may make adjustments as necessary 18 to the distribution of funds under clause 19 (i)(II) based on demand and the relative 20 local costs in the markets in which eligible 21 entities operate. 22 (C) GRANTS AFTER INITIAL PERIOD.— 23 Notwithstanding subparagraph (B), on and 24 after the date that is 60 days after the date of 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00330 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 331 •HR 1319 RH enactment of this section, or another period of 1 time determined by the Administrator, the Ad- 2 ministrator may make grants using amounts 3 appropriated under subparagraph (A) to any el- 4 igible entity regardless of the annual gross re- 5 ceipts of the eligible entity. 6 (3) USE OF FUNDS.—The Administrator shall 7 use amounts in the Fund to make grants described 8 in subsection (c). 9 (c) RESTAURANT REVITALIZATION GRANTS.— 10 (1) IN GENERAL.—Except as provided in sub- 11 section (b) and paragraph (3), the Administrator 12 shall award grants to eligible entities in the order in 13 which applications are received by the Adminis- 14 trator. 15 (2) APPLICATION.— 16 (A) CERTIFICATION.—An eligible entity 17 applying for a grant under this subsection shall 18 make a good faith certification that— 19 (i) the uncertainty of current eco- 20 nomic conditions makes necessary the 21 grant request to support the ongoing oper- 22 ations of the eligible entity; and 23 (ii) the eligible entity has not applied 24 for or received a grant under section 324 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00331 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 332 •HR 1319 RH of the Economic Aid to Hard-Hit Small 1 Businesses, Nonprofits, and Venues Act 2 (title III of division N of Public Law 116– 3 260). 4 (B) PREVENTION OF WASTE, FRAUD, AND 5 ABUSE.—The Administrator may impose re- 6 quirements on applicants for the purpose of re- 7 ducing waste, fraud, and abuse. 8 (C) BUSINESS IDENTIFIERS.—In accepting 9 applications for grants under this subsection, 10 the Administrator shall prioritize the ability of 11 each applicant to use their existing business 12 identifiers over requiring other forms of reg- 13 istration or identification that may not be com- 14 mon to their industry and imposing additional 15 burdens on applicants. 16 (3) PRIORITY IN AWARDING GRANTS.— 17 (A) IN GENERAL.—During the initial 21- 18 day period in which the Administrator awards 19 grants under this subsection, the Administrator 20 shall prioritize awarding grants to eligible enti- 21 ties that are small business concerns owned 22 controlled by women (as defined in section 3(n) 23 of the Small Business Act (15 U.S.C. 632(n))), 24 small business concerns owned and controlled 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00332 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 333 •HR 1319 RH by veterans (as defined in section 3(q) of such 1 Act (15 U.S.C. 632(q))), or socially and eco- 2 nomically disadvantaged small business con- 3 cerns (as defined in section 8(a)(4)(A) of the 4 Small Business Act (15 U.S.C. 637(a)(4)(A))). 5 The Administrator may take such steps as nec- 6 essary to ensure that eligible entities described 7 in this subparagraph have access to grant fund- 8 ing under this section after the end of such 21- 9 day period. 10 (B) CERTIFICATION.—For purposes of es- 11 tablishing priority under subparagraph (A), an 12 applicant shall submit a self-certification of eli- 13 gibility for priority with the grant application. 14 (4) GRANT AMOUNT.— 15 (A) AGGREGATE MAXIMUM AMOUNT.—The 16 aggregate amount of grants made to an eligible 17 entity and any affiliated businesses of the eligi- 18 ble entity under this subsection— 19 (i) shall not exceed $10,000,000; and 20 (ii) shall be limited to $5,000,000 per 21 physical location of the eligible entity. 22 (B) DETERMINATION OF GRANT 23 AMOUNT.— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00333 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 334 •HR 1319 RH (i) IN GENERAL.—Except as provided 1 in this paragraph, the amount of a grant 2 made to an eligible entity under this sub- 3 section shall be equal to the pandemic-re- 4 lated revenue loss of the eligible entity. 5 (ii) RETURN TO TREASURY.—Any 6 amount of a grant made under this sub- 7 section to an eligible entity based on esti- 8 mated receipts that is greater than the ac- 9 tual gross receipts of the eligible entity in 10 2020 shall be returned to the Treasury. 11 (5) USE OF FUNDS.—During the covered pe- 12 riod, an eligible entity that receives a grant under 13 this subsection may use the grant funds for the fol- 14 lowing expenses incurred as a direct result of, or 15 during, the COVID–19 pandemic: 16 (A) Payroll costs. 17 (B) Payments of principal or interest on 18 any mortgage obligation (which shall not in- 19 clude any prepayment of principal on a mort- 20 gage obligation). 21 (C) Rent payments, including rent under a 22 lease agreement (which shall not include any 23 prepayment of rent). 24 (D) Utilities. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00334 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 335 •HR 1319 RH (E) Maintenance expenses, including— 1 (i) construction to accommodate out- 2 door seating; and 3 (ii) walls, floors, deck surfaces, fur- 4 niture, fixtures, and equipment. 5 (F) Supplies, including protective equip- 6 ment and cleaning materials. 7 (G) Food and beverage expenses that are 8 within the scope of the normal business practice 9 of the eligible entity before the covered period. 10 (H) Covered supplier costs, as defined in 11 section 7A(a) of the Small Business Act (as re- 12 designated, transferred, and amended by sec- 13 tion 304(b) of the Economic Aid to Hard-Hit 14 Small Businesses, Nonprofits, and Venues Act 15 (Public Law 116–260)). 16 (I) Operational expenses. 17 (J) Paid sick leave. 18 (K) Any other expenses that the Adminis- 19 trator determines to be essential to maintaining 20 the eligible entity. 21 (6) RETURNING FUNDS.—If an eligible entity 22 that receives a grant under this subsection fails to 23 use all grant funds or permanently ceases operations 24 on or before the last day of the covered period, the 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00335 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 336 •HR 1319 RH eligible entity shall return to the Treasury any funds 1 that the eligible entity did not use for the allowable 2 expenses under paragraph (5). 3 (7) LIMITATION WITH RESPECT TO PRIVATE 4 FUNDS.— 5 (A) DEFINITIONS.—In this paragraph: 6 (i) AFFILIATE.— 7 (I) IN GENERAL.—The term ‘‘af- 8 filiate’’ means, with respect to a per- 9 son, any other person directly or indi- 10 rectly controlling, controlled by, or 11 under direct or indirect common con- 12 trol with the person. 13 (II) CONTROL.—For purposes of 14 subclause (I), the term ‘‘control’’ 15 means the ability to make or block 16 management decisions of an entity. 17 (ii) EXECUTIVE.—The term ‘‘execu- 18 tive’’ means— 19 (I) any individual who serves an 20 executive or director of a person, in- 21 cluding the principal executive officer, 22 principal financial officer, comptroller 23 or principal accounting officer; and 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00336 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 337 •HR 1319 RH (II) an executive officer, as de- 1 fined in section 230.405 of title 17, 2 Code of Federal Regulations, or any 3 successor regulation. 4 (iii) PRIVATE FUND.—The term ‘‘pri- 5 vate fund’’ means an issuer that would be 6 an investment company, as defined in the 7 Investment Company Act of 1940 (15 8 U.S.C. 80a–1 et seq.), but for paragraph 9 (1) or (7) of section 3(c) of that Act (15 10 U.S.C. 80a–3(c)). 11 (B) ANTI-EVASION.—No company in which 12 a private fund holds an ownership interest that 13 has, directly or indirectly, received amounts 14 under this subsection may pay any distribu- 15 tions, dividends, consulting fees, advisory fees, 16 interest payments, or any other fees, expenses, 17 or charges in excess of 10 percent of the net 18 operating profits of the company operating 19 profits for the calendar year ending December 20 31, 2021 (and for each successive year until the 21 covered period has ended), to— 22 (i) a person registered as an invest- 23 ment adviser under the Investment Advis- 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00337 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 338 •HR 1319 RH ers Act of 1940 (15 U.S.C. 80b–1 et seq.) 1 who advises a private fund; 2 (ii) any affiliate of such adviser; 3 (iii) any executive of such adviser or 4 affiliate; or 5 (iv) any employee, consultant, or other 6 person with a contractual relationship to 7 provide services for or on behalf of such 8 adviser or affiliate. 9 SEC. 6004. COMMUNITY NAVIGATOR PILOT PROGRAM. 10 (a) DEFINITIONS.—In this section: 11 (1) ADMINISTRATION.—The term ‘‘Administra- 12 tion’’ means the Small Business Administration. 13 (2) ADMINISTRATOR.—The term ‘‘Adminis- 14 trator’’ means the Administrator of the Small Busi- 15 ness Administration. 16 (3) COMMUNITY NAVIGATOR SERVICES.—The 17 term ‘‘community navigator services’’ means the out- 18 reach, education, and technical assistance provided 19 by community navigators that target eligible busi- 20 nesses to increase awareness of, and participation in, 21 programs of the Small Business Administration. 22 (4) COMMUNITY NAVIGATOR.—The term ‘‘com- 23 munity navigator’’ means a community organization, 24 community financial institution as defined in section 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00338 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 339 •HR 1319 RH 7(a)(36)(A) of the Small Business Act (15 U.S.C. 1 636(a)(36)(A)), or other private nonprofit organiza- 2 tion engaged in the delivery of community navigator 3 services. 4 (5) ELIGIBLE BUSINESS.—The term ‘‘eligible 5 business’’ means any small business concern, with 6 priority for small business concerns owned and con- 7 trolled by women (as defined in section 3(n) of the 8 Small Business Act (15 U.S.C. 632(n))), small busi- 9 ness concerns owned and controlled by veterans (as 10 defined in section 3(q) of such Act (15 U.S.C. 11 632(q))), and socially and economically disadvan- 12 taged small business concerns (as defined in section 13 8(a)(4)(A) of the Small Business Act (15 U.S.C. 14 637(a)(4)(A))). 15 (6) PRIVATE NONPROFIT ORGANIZATION.—The 16 term ‘‘private nonprofit organization’’ means an en- 17 tity that is described in section 501(c) of the Inter- 18 nal Revenue Code of 1986 and exempt from tax 19 under section 501(a) of such Code. 20 (7) RESOURCE PARTNER.—The term ‘‘resource 21 partner’’ means— 22 (A) a small business development center 23 (as defined in section 3 of the Small Business 24 Act (15 U.S.C. 632)); 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00339 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 340 •HR 1319 RH (B) a women’s business center (as de- 1 scribed in section 29 of the Small Business Act 2 (15 U.S.C. 656)); and 3 (C) a chapter of the Service Corps of Re- 4 tired Executives (as defined in section 5 8(b)(1)(B) of the Act (15 U.S.C. 6 637(b)(1)(B))). 7 (8) SMALL BUSINESS CONCERN.—The term 8 ‘‘small business concern’’ has the meaning given 9 under section 3 of the Small Business Act (15 10 U.S.C. 632). 11 (9) STATE.—The term ‘‘State’’ means a State 12 of the United States, the District of Columbia, the 13 Commonwealth of Puerto Rico, the Virgin Islands, 14 American Samoa, the Commonwealth of the North- 15 ern Mariana Islands, and Guam, or an agency, in- 16 strumentality, or fiscal agent thereof. 17 (10) UNIT OF GENERAL LOCAL GOVERN- 18 MENT.—The term ‘‘unit of general local govern- 19 ment’’ means a county, city, town, village, or other 20 general purpose political subdivision of a State. 21 (b) COMMUNITY NAVIGATOR PILOT PROGRAM.— 22 (1) IN GENERAL.—The Administrator of the 23 Small Business Administration shall establish a 24 Community Navigator pilot program to make grants 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00340 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 341 •HR 1319 RH to, or enter into contracts or cooperative agreements 1 with, private nonprofit organizations, resource part- 2 ners, States, Tribes, and units of local government 3 to ensure the delivery of free community navigator 4 services to current or prospective owners of eligible 5 businesses in order to improve access to assistance 6 programs and resources made available because of 7 the COVID–19 pandemic by Federal, State, Tribal, 8 and local entities. 9 (2) APPROPRIATIONS.—In addition to amounts 10 otherwise available, there is appropriated to the Ad- 11 ministrator for fiscal year 2021, out of any money 12 in the Treasury not otherwise appropriated, 13 $100,000,000, to remain available until expended, 14 for carrying out this subsection. 15 (c) OUTREACH AND EDUCATION.— 16 (1) PROMOTION.—The Administrator shall de- 17 velop and implement a program to promote commu- 18 nity navigator services to current or prospective 19 owners of eligible businesses. 20 (2) CALL CENTER.—The Administrator shall 21 establish a telephone hotline to offer information 22 about Federal programs to assist eligible businesses 23 and offer referral services to resource partners, com- 24 munity navigators, potential lenders, and other per- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00341 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 342 •HR 1319 RH sons that the Administrator determines appropriate 1 for current or prospective owners of eligible busi- 2 nesses. 3 (3) OUTREACH.—The Administrator shall— 4 (A) conduct outreach and education, in the 5 10 most commonly spoken languages in the 6 United States, to current or prospective owners 7 of eligible businesses on community navigator 8 services and other Federal programs to assist 9 eligible businesses; 10 (B) improve the website of the Administra- 11 tion to describe such community navigator serv- 12 ices and other Federal programs; and 13 (C) implement an education campaign by 14 advertising in media targeted to current or pro- 15 spective owners of eligible businesses. 16 (4) APPROPRIATIONS.—In addition to amounts 17 otherwise available, there is appropriated to the Ad- 18 ministrator for fiscal year 2021, out of any money 19 in the Treasury not otherwise appropriated, 20 $75,000,000, to remain available until expended, for 21 carrying out this subsection. 22 (d) SUNSET.—The authority of the Administrator to 23 make grants under this section shall terminate on Decem- 24 ber 31, 2025. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00342 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 343 •HR 1319 RH SEC. 6005. SHUTTERED VENUE OPERATORS. 1 In addition to amounts otherwise available, there is 2 appropriated for fiscal year 2021, out of any money in 3 the Treasury not otherwise appropriated, $1,250,000,000, 4 to remain available until expended, to carry out section 5 324 of the Economic Aid to Hard-Hit Small Businesses, 6 Nonprofits, and Venues Act (title III of division N of Pub- 7 lic Law 116–260), of which $500,000 shall be used to pro- 8 vide technical assistance to help applicants access the Sys- 9 tem for Award Management (or any successor thereto) or 10 to assist applicants with an alternative grant application 11 system, which the Administrator of the Small Business 12 Administration may develop for use for grant programs 13 of the Small Business Administration. 14 SEC. 6006. DIRECT APPROPRIATIONS. 15 (a) IN GENERAL.—In addition to amounts otherwise 16 available, there is appropriated to the Administrator for 17 fiscal year 2021, out of any money in the Treasury not 18 otherwise appropriated, to remain available until ex- 19 pended— 20 (1) $840,000,000 for administrative expenses, 21 including to prevent, prepare for, and respond to the 22 COVID–19 pandemic, domestically or internation- 23 ally, including administrative expenses related to 24 paragraphs (36) and (37) of section 7(a) of the 25 Small Business Act, section 324 of the Economic 26 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00343 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 344 •HR 1319 RH Aid to Hard-Hit Small Businesses, Nonprofits, and 1 Venues Act (title III of division N of Public Law 2 116–260), section 6002 of this title, and section 3 6003 of this title; and 4 (2) $460,000,000 to carry out the disaster loan 5 program authorized by section 7(b) of the Small 6 Business Act (15 U.S.C. 636(b)), of which 7 $70,000,000 shall be for the cost of direct loans au- 8 thorized by such section and $390,000,000 shall be 9 for administrative expenses to carry out such pro- 10 gram. 11 (b) INSPECTOR GENERAL.—In addition to amounts 12 otherwise available, there is appropriated to the Inspector 13 General of the Small Business Administration for fiscal 14 year 2021, out of any money in the Treasury not otherwise 15 appropriated, $25,000,000, to remain available until ex- 16 pended, for necessary expenses of the Office of Inspector 17 General in carrying out the provisions of the Inspector 18 General Act of 1978. 19 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00344 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 345 •HR 1319 RH TITLE VII—COMMITTEE ON 1 TRANSPORTATION AND IN- 2 FRASTRUCTURE 3 Subtitle A—Transportation and 4 Infrastructure 5 SEC. 7001. FEDERAL EMERGENCY MANAGEMENT AGENCY 6 APPROPRIATION. 7 In addition to amounts otherwise available, there is 8 appropriated to the Federal Emergency Management 9 Agency for fiscal year 2021, out of any money in the 10 Treasury not otherwise appropriated, $50,000,000,000, to 11 remain available until September 30, 2025, for major dis- 12 asters declared pursuant to the Robert T. Stafford Dis- 13 aster Relief and Emergency Assistance Act (42 U.S.C. 14 5121 et sec.). 15 SEC. 7002. FUNERAL ASSISTANCE. 16 (a) IN GENERAL.—For the emergency declaration 17 issued by the President on March 13, 2020, pursuant to 18 section 501(b) of the Robert T. Stafford Disaster Relief 19 and Emergency Assistance Act (42 U.S.C. 5191(b)), and 20 for any subsequent major disaster declaration under sec- 21 tion 401 of such Act (42 U.S.C. 5170) that supersedes 22 such emergency declaration, the President shall provide fi- 23 nancial assistance to an individual or household to meet 24 disaster-related funeral expenses under section 408(e)(1) 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00345 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 346 •HR 1319 RH of the Robert T. Stafford Disaster Relief and Emergency 1 Assistance Act (42 U.S.C. 5174(e)(1)), for which the Fed- 2 eral cost share shall be 100 percent. 3 (b) USE OF FUNDS.—Funds appropriated under sec- 4 tion 7001 may be used to carry out subsection (a) of this 5 section. 6 SEC. 7003. ECONOMIC ADJUSTMENT ASSISTANCE. 7 (a) ECONOMIC DEVELOPMENT ADMINISTRATION AP- 8 PROPRIATION.—In addition to amounts otherwise avail- 9 able, there is appropriated for fiscal year 2021, out of any 10 money in the Treasury not otherwise appropriated, 11 $3,000,000,000, to remain available until September 30, 12 2022, to the Department of Commerce for economic ad- 13 justment assistance as authorized by sections 209 and 703 14 of the Public Works and Economic Development Act of 15 1965 (42 U.S.C. 3149 and 3233) to prevent, prepare for, 16 and respond to coronavirus and for necessary expenses for 17 responding to economic injury as a result of coronavirus. 18 (b) Of the funds provided by this section, up to 2 19 percent shall be used for Federal costs to administer such 20 assistance utilizing temporary Federal personnel as may 21 be necessary consistent with the requirements applicable 22 to such administrative funding in fiscal year 2020 to pre- 23 vent, prepare for, and respond to coronavirus and which 24 shall remain available until September 30, 2027. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00346 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 347 •HR 1319 RH (c) Of the funds provided by this section, 15 percent 1 shall be for assistance to communities that have suffered 2 economic injury as a result of job losses in the travel, tour- 3 ism, or outdoor recreation sectors. 4 (d) The total amount provided by this section shall 5 be allocated to eligible recipients in the States and Terri- 6 tories according to the total level of economic injury of 7 such States and Territories as a result of coronavirus be- 8 ginning on March 1, 2020, as measured by the change 9 in economic activity, demonstrated by current Federal eco- 10 nomic data sources such as unemployment claims and 11 gross domestic product, before and after such date. 12 SEC. 7004. GREAT LAKES ST. LAWRENCE SEAWAY DEVELOP- 13 MENT CORPORATION OPERATIONS AND 14 MAINTENANCE. 15 In addition to amounts otherwise available, there is 16 appropriated for fiscal year 2021, out of amounts not oth- 17 erwise appropriated from the Harbor Maintenance Trust 18 Fund pursuant to section 210 of the Water Resources De- 19 velopment Act of 1986 (33 U.S.C. 2238), $1,500,000, to 20 remain available until expended, to prevent, prepare for, 21 and respond to coronavirus by conducting the operations, 22 maintenance, and capital infrastructure activities of the 23 Seaway International Bridge. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00347 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 348 •HR 1319 RH SEC. 7005. GRANTS TO THE NATIONAL RAILROAD PAS- 1 SENGER CORPORATION. 2 (a) NORTHEAST CORRIDOR APPROPRIATION.—In ad- 3 dition to amounts otherwise available, there is appro- 4 priated for fiscal year 2021, out of any money in the 5 Treasury not otherwise appropriated, $820,388,160, to re- 6 main available until September 30, 2024, for grants as 7 authorized under section 11101(a) of the FAST Act (Pub- 8 lic Law 114–94) to prevent, prepare for, and respond to 9 coronavirus. 10 (b) NATIONAL NETWORK APPROPRIATION.—In addi- 11 tion to amounts otherwise available, there is appropriated 12 for fiscal year 2021, out of any money in the Treasury 13 not otherwise appropriated, $679,611,840, to remain 14 available until September 30, 2024, for grants as author- 15 ized under section 11101(b) of the FAST Act (Public Law 16 114–94) to prevent, prepare for, and respond to 17 coronavirus. 18 (c) LONG-DISTANCE SERVICE RESTORATION AND 19 EMPLOYEE RECALLS.—Not less than $165,926,000 of the 20 aggregate amounts made available under subsections (a) 21 and (b) shall be for use by the National Railroad Pas- 22 senger Corporation to— 23 (1) restore, not later than 90 days after the 24 date of enactment of this Act, the frequency of rail 25 service on long-distance routes (as defined in section 26 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00348 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 349 •HR 1319 RH 24102 of title 49, United States Code) that the Na- 1 tional Railroad Passenger Corporation reduced the 2 frequency of on or after July 1, 2020, and continue 3 to operate such service at such frequency; and 4 (2) recall and manage employees furloughed on 5 or after October 1, 2020, as a result of efforts to 6 prevent, prepare for, and respond to coronavirus. 7 (d) USE OF FUNDS IN LIEU OF CAPITAL PAY- 8 MENTS.—Not less than $109,805,000 of the aggregate 9 amounts made available under subsections (a) and (b)— 10 (1) shall be for use by the National Railroad 11 Passenger Corporation in lieu of capital payments 12 from States and commuter rail passenger transpor- 13 tation providers that are subject to the cost alloca- 14 tion policy under section 24905(c) of title 49, United 15 States Code; and 16 (2) notwithstanding sections 24319(g) and 17 24905(c)(1)(A)(i) of title 49, United States Code, 18 such amounts do not constitute cross-subsidization 19 of commuter rail passenger transportation. 20 (e) USE OF FUNDS FOR STATE PAYMENTS FOR 21 STATE-SUPPORTED ROUTES.— 22 (1) IN GENERAL.—Of the amounts made avail- 23 able under subsection (b), $174,850,000 shall be for 24 use by the National Railroad Passenger Corporation 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00349 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 350 •HR 1319 RH to offset amounts required to be paid by States for 1 covered State-supported routes. 2 (2) FUNDING SHARE.—The share of funding 3 provided under paragraph (1) with respect to a cov- 4 ered State-supported route shall be distributed as 5 follows: 6 (A) Each covered State-supported route 7 shall receive 7 percent of the costs allocated to 8 the route in fiscal year 2019 under the cost al- 9 location methodology adopted pursuant to sec- 10 tion 209 of the Passenger Rail Investment and 11 Improvement Act of 2008 (Public Law 110– 12 432). 13 (B) Any remaining amounts after the dis- 14 tribution described in subparagraph (A) shall be 15 apportioned to each covered State-supported 16 route in proportion to the passenger revenue of 17 such route and other revenue allocated to such 18 route in fiscal year 2019 divided by the total 19 passenger revenue and other revenue allocated 20 to all covered State-supported routes in fiscal 21 year 2019. 22 (3) COVERED STATE-SUPPORTED ROUTE DE- 23 FINED.—In this subsection, the term ‘‘covered 24 State-supported route’’ means a State-supported 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00350 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 351 •HR 1319 RH route, as such term is defined in section 24102 of 1 title 49, United States Code, but does not include a 2 State-supported route for which service was termi- 3 nated on or before February 1, 2020. 4 (f) USE OF FUNDS FOR DEBT REPAYMENT OR PRE- 5 PAYMENT.—Not more than $100,885,000 of the aggre- 6 gate amounts made available under subsections (a) and 7 (b) shall be— 8 (1) for the repayment or prepayment of debt in- 9 curred by the National Railroad Passenger Corpora- 10 tion under financing arrangements entered into prior 11 to the date of enactment of this Act; and 12 (2) to pay required reserves, costs, and fees re- 13 lated to such debt, including for loans from the De- 14 partment of Transportation and loans that would 15 otherwise have been paid from National Railroad 16 Passenger Corporation revenues. 17 (g) PROJECT MANAGEMENT OVERSIGHT.—Not more 18 than $2,000,000 of the aggregate amounts made available 19 under subsections (a) and (b) shall be for activities author- 20 ized under section 11101(c) of the FAST Act (Public Law 21 114–94). 22 SEC. 7006. FEDERAL TRANSIT ADMINISTRATION GRANTS. 23 (a) FEDERAL TRANSIT ADMINISTRATION APPRO- 24 PRIATION.— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00351 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 352 •HR 1319 RH (1) IN GENERAL.—In addition to amounts oth- 1 erwise made available, there are appropriated for fis- 2 cal year 2021, out of any funds in the Treasury not 3 otherwise appropriated, $30,000,000,000, to remain 4 available until September 30, 2024, that shall— 5 (A) be for grants under chapter 53 of title 6 49, United States Code, to eligible recipients to 7 prevent, prepare for, and respond to 8 coronavirus; and 9 (B) not be subject to any prior restriction 10 on the total amount of funds available for im- 11 plementation or execution of programs author- 12 ized under sections 5307, 5310, or 5311 of 13 such title. 14 (2) AVAILABILITY OF FUNDS FOR OPERATING 15 EXPENSES.— 16 (A) IN GENERAL.—Notwithstanding sub- 17 section (a)(1) or (b) of section 5307 of title 49, 18 United States Code, section 5310(b)(2)(A), or 19 any other provision of chapter 53 of such title, 20 funds provided under this section, other than 21 subsection (b)(4), shall be available for the op- 22 erating expenses of transit agencies to prevent, 23 prepare for, and respond to the coronavirus 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00352 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 353 •HR 1319 RH public health emergency, including, beginning 1 on January 20, 2020— 2 (i) reimbursement for payroll of public 3 transportation (including payroll and ex- 4 penses of private providers of public trans- 5 portation); 6 (ii) operating costs to maintain service 7 due to lost revenue due as a result of the 8 coronavirus public health emergency, in- 9 cluding the purchase of personal protective 10 equipment; and 11 (iii) paying the administrative leave of 12 operations or contractor personnel due to 13 reductions in service. 14 (B) USE OF FUNDS.—Funds described in 15 subparagraph (A) shall be— 16 (i) available for immediate obligation, 17 notwithstanding the requirement for such 18 expenses to be included in a transportation 19 improvement program, long-range trans- 20 portation plan, statewide transportation 21 plan, or statewide transportation improve- 22 ment program under sections 5303 and 23 5304 of title 49, United States Code; 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00353 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 354 •HR 1319 RH (ii) directed to payroll and operations 1 of public transportation (including payroll 2 and expenses of private providers of public 3 transportation), unless the recipient cer- 4 tifies to the Secretary that the recipient 5 has not furloughed any employees; 6 (iii) subject to the requirements of 7 section 5333 of such title, notwithstanding 8 any waiver authority under section 5324 of 9 such title; and 10 (iv) used to provide a Federal share of 11 the costs for any grant made under this 12 section of 100 percent, notwithstanding 13 any provision of chapter 53 of such title. 14 (b) ALLOCATION OF FUNDS.— 15 (1) URBANIZED AREA FORMULA GRANTS.— 16 (A) IN GENERAL.—Of the amounts made 17 available under subsection (a), $26,086,580,227 18 shall be for grants to recipients and subrecipi- 19 ents under section 5307 of title 49, United 20 States Code, and shall be administered as if 21 such funds were provided under section 5307 of 22 such title. 23 (B) ALLOCATION.—Amounts made avail- 24 able under subparagraph (A) shall be appor- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00354 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 355 •HR 1319 RH tioned to urbanized areas based on data con- 1 tained in the National Transit Database such 2 that— 3 (i) each urbanized area shall receive 4 an apportionment of an amount that, when 5 combined with amounts that were other- 6 wise made available to such urbanized area 7 for similar activities to prevent, prepare 8 for, and respond to coronavirus, is equal to 9 132 percent of the urbanized area’s 2018 10 operating costs; and 11 (ii) for funds remaining after the ap- 12 portionment described in clause (i), such 13 funds shall be apportioned such that— 14 (I) each urbanized area that did 15 not receive an apportionment under 16 clause (i) shall receive an apportion- 17 ment equal to 25 percent of the ur- 18 banized area’s 2018 operating costs; 19 and 20 (II) each urbanized area under 21 clause (i), when the amounts that 22 were otherwise made available, prior 23 to clause (i) to that urbanized area 24 for similar activities to prevent, pre- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00355 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 356 •HR 1319 RH pare for, and respond to coronavirus 1 are equal to or greater than 130 per- 2 cent of the urbanized area’s 2018 op- 3 erating costs but do not exceed 132 4 percent of such costs, such urbanized 5 area shall receive an apportionment 6 equal to 10 percent of the urbanized 7 area’s 2018 operating costs, in addi- 8 tion to amounts apportioned to the 9 urbanized area under clause (i). 10 (2) FORMULA GRANTS FOR THE ENHANCED 11 MOBILITY OF SENIORS AND INDIVIDUALS WITH DIS- 12 ABILITIES.— 13 (A) IN GENERAL.—Of the amounts made 14 available under subsection (a), $50,000,000 15 shall be for grants to recipients or subrecipients 16 eligible under section 5310 of title 49, United 17 States Code, and shall be apportioned in ac- 18 cordance with such section. 19 (B) ALLOCATION RATIO.—Amounts made 20 available under subparagraph (A) shall be allo- 21 cated in the same ratio as funds were provided 22 under section 5310 of title 49, United States 23 Code, for fiscal year 2020. 24 (3) FORMULA GRANTS FOR RURAL AREAS.— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00356 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 357 •HR 1319 RH (A) IN GENERAL.—Of the amounts made 1 available under subsection (a), $280,858,479 2 shall be for grants to recipients or subrecipients 3 eligible under section 5311 of title 49, United 4 States Code, other than subsections (b)(3) and 5 (c)(1)(B) of such section and shall be adminis- 6 tered as if the funds were provided under sec- 7 tion 5311 of such title. 8 (B) ALLOCATION RATIO.—Amounts made 9 available under subparagraph (A) shall be allo- 10 cated to States, as defined in section 5302 of 11 title 49, United States Code, based on data con- 12 tained in the National Transit Database, such 13 that— 14 (i) any State that received an amount 15 for similar activities to prevent, prepare 16 for, and respond to coronavirus that is 17 equal to or greater than 150 percent of the 18 combined 2018 rural operating costs of the 19 recipients and subrecipients in such State 20 shall receive an amount equal to 5 percent 21 of such State’s 2018 rural operating costs; 22 (ii) any State that does not receive an 23 allocation under clause (i) that received an 24 amount for similar activities to prevent, 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00357 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 358 •HR 1319 RH prepare for, and respond to coronavirus 1 that is equal to or greater than 140 per- 2 cent of the combined 2018 rural operating 3 costs of the recipients and subrecipients in 4 that State shall receive an amount equal to 5 10 percent of such State’s 2018 rural op- 6 erating costs; and 7 (iii) any State that does not receive an 8 allocation under clauses (i) or (ii) shall re- 9 ceive an amount equal to 20 percent of 10 such State’s 2018 rural operating costs. 11 (4) CAPITAL INVESTMENTS.— 12 (A) IN GENERAL.—Of the amounts made 13 available under subsection (a)— 14 (i) $1,000,000,000 shall be for grants 15 administered under subsections (d) and (e) 16 of section 5309 of title 49, United States 17 Code, and section 3005(b) of the FAST 18 Act (Public Law 114–94); and 19 (ii) $250,000,000 shall be for grants 20 administered under subsection (h) of sec- 21 tion 5309 of title 49, United States Code. 22 (B) FUNDING DISTRIBUTION.— 23 (i) Amounts made available in sub- 24 paragraph (A)(i) shall be proportionally 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00358 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 359 •HR 1319 RH provided to each recipient to all projects 1 with existing full funding grant agreements 2 and all projects under section 3005(b) of 3 Public Law 114–94 that received alloca- 4 tions for fiscal year 2019 or 2020, except 5 that recipients with projects open for rev- 6 enue service are not eligible to receive a 7 grant under this paragraph. 8 (ii) For amounts made available in 9 subparagraph (A)(ii), eligible recipients 10 shall be any recipient of an allocation 11 under subsection (h) of section 5309 of 12 title 49, United States Code, or an appli- 13 cant in the project development phase de- 14 scribed in paragraph (2) of such sub- 15 section. 16 (iii) Amounts distributed under 17 clauses (i) and (ii) of subparagraph (A) 18 shall be provided notwithstanding the limi- 19 tation of any calculation of the maximum 20 amount of Federal financial assistance for 21 the project under subsection (k)(2)(C)(ii) 22 or (h)(7) of section 5309 of title 49, 23 United States Code, or section 3005(b)(9) 24 of the FAST Act (Public Law 114–94). 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00359 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 360 •HR 1319 RH (5) SECTION 5311(F) SERVICES.— 1 (A) IN GENERAL.—Of the amounts made 2 available under subsection (a) and in addition 3 to the amounts made available under paragraph 4 (3), $100,000,000 shall be available for grants 5 to recipients for bus operators that partner with 6 recipients or subrecipients of funds under sec- 7 tion 5311(f) of title 49, United States Code. 8 (B) ALLOCATION RATIO.—Notwithstanding 9 paragraph (3), the Secretary shall allocate 10 amounts under subparagraph (A) in the same 11 ratio as funds were provided under section 12 5311 of title 49, United States Code, for fiscal 13 year 2020. 14 (C) EXCEPTION.—If a State or territory 15 does not have bus providers eligible under sec- 16 tion 5311(f) of title 49, United States Code, 17 funds under this paragraph may be used by 18 such State or territory for any expense eligible 19 under section 5311 of title 49, United States 20 Code. 21 (6) PLANNING.— 22 (A) IN GENERAL.—Of the amounts made 23 available under subsection (a), $25,000,000 24 shall be for grants to recipients eligible under 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00360 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 361 •HR 1319 RH section 5307 of title 49, United States Code, 1 for the planning of public transportation associ- 2 ated with the restoration of services as the 3 coronavirus public health emergency concludes 4 and shall be available in accordance with such 5 section. 6 (B) AVAILABILITY OF FUNDS FOR ROUTE 7 PLANNING.—Amounts made available under 8 subparagraph (A) shall be available for route 9 planning designed to— 10 (i) increase ridership and reduce trav- 11 el times, while maintaining or expanding 12 the total level of vehicle revenue miles of 13 service provided in the planning period; or 14 (ii) make service adjustments to in- 15 crease the quality or frequency of service 16 provided to low-income riders and dis- 17 advantaged neighborhoods or communities. 18 (C) LIMITATION.—Amounts made available 19 under subparagraph (A) shall not be used for 20 route planning related to transitioning public 21 transportation service provided as of the date of 22 receipt of funds to a transportation network 23 company or other third-party contract provider, 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00361 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 362 •HR 1319 RH unless the existing provider of public transpor- 1 tation service is a third-party contract provider. 2 (7) RECIPIENTS AND SUBRECIPIENTS REQUIR- 3 ING ADDITIONAL ASSISTANCE.— 4 (A) IN GENERAL.—Of the amounts made 5 available under subsection (a), $2,207,561,294 6 shall be for grants to eligible recipients or sub- 7 recipients of funds under chapter 53 of title 49, 8 United States Code, that, as a result of 9 COVID–19, require additional assistance to 10 maintain operations. 11 (B) ADMINISTRATION.—Funds made avail- 12 able under subparagraph (A) shall, after alloca- 13 tion, be administered as if provided under sub- 14 sections (b)(1) or (b)(3), as applicable. 15 (C) APPLICATION REQUIREMENTS.— 16 (i) IN GENERAL.—The Secretary may 17 not allocate funds to an eligible recipient 18 or subrecipient of funds under chapter 53 19 of title 49, United States Code, unless the 20 recipient provides to the Secretary— 21 (I) estimates of financial need; 22 (II) data on reductions in farebox 23 or other sources of local revenue for 24 sustained operations; and 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00362 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 363 •HR 1319 RH (III) a spending plan for such 1 funds. 2 (ii) EVALUATION.— 3 (I) IN GENERAL.—Applications 4 for assistance under this paragraph 5 shall be evaluated by the Secretary 6 based on the level of financial need 7 demonstrated by an eligible recipient 8 or subrecipient, including projections 9 of future financial need to maintain 10 service as a percentage of the 2018 11 operating costs that has not been re- 12 placed by the funds made available to 13 the eligible recipient or subrecipient 14 under paragraphs (1) through (5) of 15 this subsection when combined with 16 the amounts allocated to such eligible 17 recipient or subrecipient from funds 18 previously made available for the op- 19 erating expenses of transit agencies 20 related to the response to the 21 COVID–19 public health emergency. 22 (II) RESTRICTION.—Amounts 23 made available under this paragraph 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00363 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 364 •HR 1319 RH shall only be available for operating 1 expenses. 2 (iv) STATE APPLICANTS.—A State 3 may apply for assistance under this para- 4 graph on behalf of an eligible recipient or 5 subrecipient, or a group of eligible recipi- 6 ents or subrecipients. 7 (D) UNOBLIGATED FUNDS.—If amounts 8 made available under this paragraph remain 9 unobligated on September 30, 2023, such 10 amounts shall be available for any purpose eligi- 11 ble under section 5324 of title 49, United 12 States Code. 13 SEC. 7007. RELIEF FOR AIRPORTS. 14 (a) IN GENERAL.— 15 (1) IN GENERAL.—In addition to amounts oth- 16 erwise available, there is appropriated for fiscal year 17 2021, out of any funds in the Treasury not other- 18 wise appropriated, $8,000,000,000, to remain avail- 19 able until September 30, 2024, for assistance to air- 20 ports under sections 47101 through 47144 of title 21 49, United States Code, to be made available to pre- 22 vent, prepare for, and respond to coronavirus. 23 (2) REQUIREMENTS AND LIMITATIONS.— 24 Amounts made available under this section— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00364 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 365 •HR 1319 RH (A) shall not be subject to the require- 1 ments of chapter 471 of title 49, United States 2 Code, except the requirements of chapter 471 3 (other than eligibility requirements) shall apply 4 to any contract awarded after the date of enact- 5 ment of this Act for airport development; 6 (B) may not be used for any purpose not 7 directly related to the airport; and 8 (C) may not be provided to any airport 9 that was allocated in excess of 4 years of oper- 10 ating funds to prevent, prepare for, and re- 11 spond to coronavirus in fiscal year 2020. 12 (b) ALLOCATIONS.—The following terms shall apply 13 to the amounts made available under this section: 14 (1) OPERATING EXPENSES AND DEBT SERVICE 15 PAYMENTS.— 16 (A) IN GENERAL.—Not more than 17 $6,492,000,000 shall be made available for pri- 18 mary airports, as such term is defined in sec- 19 tion 47102 of title 49, United States Code, and 20 certain cargo airports, for costs related to oper- 21 ations, personnel, cleaning, sanitization, jani- 22 torial services, combating the spread of patho- 23 gens at the airport, and debt service payments. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00365 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 366 •HR 1319 RH (B) DISTRIBUTION.— Amounts made 1 available under this paragraph— 2 (i) shall not be subject to the reduced 3 apportionments under section 47114(f) of 4 title 49, United States Code; 5 (ii) shall first be apportioned as set 6 forth in sections 47114(c)(1)(A), 7 47114(c)(1)(C)(i), 47114(c)(1)(C)(ii), 8 47114(c)(2)(A), 47114(c)(2)(B), and 9 47114(c)(2)(E) of title 49, United States 10 Code; and 11 (iii) shall not be subject to a max- 12 imum apportionment limit set forth in sec- 13 tion 47114(c)(1)(B) of title 49, United 14 States Code. 15 (C) REMAINING AMOUNTS.—Any amount 16 remaining after distribution under subpara- 17 graph (B) shall be distributed to the sponsor of 18 each primary airport (as such term is defined 19 in section 47102 of title 49, United States 20 Code) based on each such primary airport’s 21 passenger enplanements compared to the total 22 passenger enplanements of all such primary air- 23 ports in calendar year 2019. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00366 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 367 •HR 1319 RH (2) FEDERAL SHARE FOR DEVELOPMENT 1 PROJECTS.— 2 (A) IN GENERAL.—Not more than 3 $608,000,000 allocated under subsection (a)(1) 4 shall be available to pay a Federal share of 100 5 percent of the costs for any grant awarded in 6 fiscal year 2021, or in fiscal year 2020 with less 7 than a 100-percent Federal share, for an air- 8 port development project (as such term is de- 9 fined in section 47102 of title 49). 10 (B) REMAINING AMOUNTS.—Any amount 11 remaining under this paragraph shall be distrib- 12 uted as described in paragraph (1)(C). 13 (3) NONPRIMARY AIRPORTS.— 14 (A) IN GENERAL.—Not more than 15 $100,000,000 shall be made available for gen- 16 eral aviation and commercial service airports 17 that are not primary airports (as such terms 18 are defined in section 47102 of title 49, United 19 States Code) for costs related to operations, 20 personnel, cleaning, sanitization, janitorial serv- 21 ices, combating the spread of pathogens at the 22 airport, and debt service payments. 23 (B) DISTRIBUTION.—Amounts made avail- 24 able under this paragraph shall be apportioned 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00367 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 368 •HR 1319 RH to each non-primary airport based on the cat- 1 egories published in the most current National 2 Plan of Integrated Airport Systems, reflecting 3 the percentage of the aggregate published eligi- 4 ble development costs for each such category, 5 and then dividing the allocated funds evenly 6 among the eligible airports in each category, 7 rounding up to the nearest thousand dollars. 8 (C) REMAINING AMOUNTS.—Any amount 9 remaining under this paragraph shall be distrib- 10 uted as described in paragraph (1)(C). 11 (4) AIRPORT CONCESSIONS.— 12 (A) IN GENERAL.—Not more than 13 $800,000,000 shall be made available for spon- 14 sors of primary airports to provide relief from 15 rent and minimum annual guarantees to airport 16 concessions, of which at least $640,000,000 17 shall be available to provide relief to eligible 18 small airport concessions and of which at least 19 $160,000,000 shall be available to provide relief 20 to eligible large airport concessions located at 21 primary airports. 22 (B) DISTRIBUTION.—The amounts made 23 available for each set-aside in this paragraph 24 shall be distributed to the sponsor of each pri- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00368 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 369 •HR 1319 RH mary airport (as such term is defined in section 1 47102 of title 49, United States Code) based on 2 each such primary airport’s passenger 3 enplanements compared to the total passenger 4 enplanements of all such primary airports in 5 calendar year 2019. 6 (C) CONDITIONS.—As a condition of ap- 7 proving a grant under this paragraph— 8 (i) the sponsor shall provide such re- 9 lief from the date of enactment of this Act 10 until the sponsor has provided relief equal- 11 ing the total grant amount, to the extent 12 practicable and to the extent permissible 13 under State laws, local laws, and applicable 14 trust indentures; and 15 (ii) for each set-aside, the sponsor 16 shall provide relief from rent and minimum 17 annual guarantee obligations to each eligi- 18 ble airport concession in an amount that 19 reflects each eligible airport concession’s 20 proportional share of the total amount of 21 the rent and minimum annual guarantees 22 of those eligible airport concessions at such 23 airport. 24 (c) ADMINISTRATION.— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00369 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 370 •HR 1319 RH (1) ADMINISTRATIVE EXPENSES.—The Admin- 1 istrator of the Federal Aviation Administration may 2 retain up to 0.1 percent of the funds provided under 3 this section to fund the award of, and oversight by 4 the Administrator of, grants made under this sec- 5 tion. 6 (2) WORKFORCE RETENTION REQUIRE- 7 MENTS.— 8 (A) REQUIRED RETENTION.—All airports 9 receiving funds under this section shall continue 10 to employ, through September 30, 2021, at 11 least 90 percent of the number of individuals 12 employed (after making adjustments for retire- 13 ments or voluntary employee separations) by 14 the airport as of March 27, 2020. 15 (B) WAIVER OF RETENTION REQUIRE- 16 MENT.—The Secretary shall waive the work- 17 force retention requirement if the Secretary de- 18 termines that— 19 (i) the airport is experiencing eco- 20 nomic hardship as a direct result of the re- 21 quirement; or 22 (ii) the requirement reduces aviation 23 safety or security. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00370 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 371 •HR 1319 RH (C) EXCEPTION.—The workforce retention 1 requirement shall not apply to nonhub airports 2 or nonprimary airports receiving funds under 3 this section. 4 (d) DEFINITIONS.—In this section: 5 (1) ELIGIBLE LARGE AIRPORT CONCESSION.— 6 The term ‘‘eligible large airport concession’’ means 7 a concession (as defined in section 23.3 of title 49, 8 Code of Federal Regulations), that is in-terminal 9 and has maximum gross receipts, averaged over the 10 previous three fiscal years, of more than 11 $56,420,000. 12 (2) ELIGIBLE SMALL AIRPORT CONCESSION.— 13 The term ‘‘eligible small airport concession’’ means 14 a concession (as defined in section 23.3 of title 49, 15 Code of Federal Regulations), that is in-terminal 16 and— 17 (A) a small business with maximum gross 18 receipts, averaged over the previous 3 fiscal 19 years, of less than $56,420,000; or 20 (B) is a joint venture (as defined in section 21 23.3 of title 49, Code of Federal Regulations). 22 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00371 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 372 •HR 1319 RH Subtitle B—Aviation 1 Manufacturing Jobs Protection 2 SEC. 7101. DEFINITIONS. 3 In this subtitle: 4 (1) ELIGIBLE EMPLOYEE GROUP.—The term 5 ‘‘eligible employee group’’ means the portion of an 6 employer’s United States workforce that— 7 (A) does not exceed 25 percent of the em- 8 ployer’s total United States workforce as of 9 April 1, 2020; and 10 (B) contains only employees with a total 11 compensation level of $200,000 or less per year; 12 and 13 (C) is engaged in aviation manufacturing 14 activities and services, or maintenance, repair, 15 and overhaul activities and services. 16 (2) AVIATION MANUFACTURING COMPANY.— 17 The term ‘‘aviation manufacturing company’’ means 18 a corporation, firm, or other business entity— 19 (A) that— 20 (i) actively manufactures an aircraft, 21 aircraft engine, propeller, or a component, 22 part, or systems of an aircraft or aircraft 23 engine under a Federal Aviation Adminis- 24 tration production approval; or 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00372 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 373 •HR 1319 RH (ii) holds a certificate issued under 1 part 145 of title 14, Code of Federal Regu- 2 lations, for maintenance, repair, and over- 3 haul of aircraft, aircraft engines, compo- 4 nents, or propellers. 5 (B) which, as supported by demonstrable 6 evidence— 7 (i) is established, created, or orga- 8 nized in the United States or under the 9 laws of the United States; and 10 (ii) has significant operations in, and 11 a majority of its employees engaged in 12 aviation manufacturing activities and serv- 13 ices, or maintenance, repair, and overhaul 14 activities and services based in the United 15 States; 16 (C) which, as supported by demonstrable 17 evidence, has involuntarily furloughed or laid 18 off at least 10 percent of its workforce in 2020 19 as compared to 2019 or has experienced at 20 least a 15 percent decline in 2020 revenues as 21 compared to 2019; 22 (D) that, as supported by sworn financial 23 statements or other appropriate data, has iden- 24 tified the eligible employee group and the 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00373 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 374 •HR 1319 RH amount of total compensation level for the eligi- 1 ble employee group; 2 (E) that agrees to provide private con- 3 tributions and maintain the total compensation 4 level for the eligible employee group for the du- 5 ration of an agreement under this subtitle; 6 (F) that agrees to provide immediate no- 7 tice and justification to the Secretary of invol- 8 untary furloughs or layoffs exceeding 10 per- 9 cent of the workforce that is not included in an 10 eligible employee group for the duration of an 11 agreement and receipt of public contributions 12 under this subtitle; 13 (G) that has not conducted involuntary 14 furloughs or reduced pay rates or benefits for 15 the eligible employee group, subject to the em- 16 ployer’s right to discipline or terminate an em- 17 ployee in accordance with employer policy, be- 18 tween the date of application and the date on 19 which such a corporation, firm, or other busi- 20 ness entity enters into an agreement with the 21 Secretary under this subtitle; and 22 (H) that— 23 (i) in the case of a corporation, firm, 24 or other business entity including any par- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00374 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 375 •HR 1319 RH ent company or subsidiary of such a cor- 1 poration, firm, or other business entity, 2 that holds any type or production certifi- 3 cate or similar authorization issued under 4 section 44704 of title 49, United States 5 Code, with respect to a transport-category 6 airplane covered under part 25 of title 14, 7 Code of Federal Regulations, certificated 8 with a passenger seating capacity of 50 or 9 more, agrees to refrain from conducting in- 10 voluntary layoffs or furloughs, or reducing 11 pay rates and benefits, for the eligible em- 12 ployee group, subject to the employer’s 13 right to discipline or terminate an em- 14 ployee in accordance with employer policy 15 from the date of agreement until Sep- 16 tember 30, 2021, or the duration of the 17 agreement and receipt of public contribu- 18 tions under this subtitle, whichever period 19 ends later; or 20 (ii) in the case of corporation, firm, or 21 other business entity not specified under 22 subparagraph (i), agrees to refrain from 23 conducting involuntary layoffs or fur- 24 loughs, or reducing pay rates and benefits, 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00375 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 376 •HR 1319 RH for the eligible employee group, subject to 1 the employer’s right to discipline or termi- 2 nate an employee in accordance with em- 3 ployer policy for the duration of the agree- 4 ment and receipt of public contributions 5 under this subtitle. 6 (3) COVID–19 PUBLIC HEALTH EMERGENCY.— 7 The term ‘‘COVID–19 public health emergency’’ 8 means the public health emergency first declared on 9 January 31, 2020, by the Secretary of Health and 10 Human Services under section 319 of the Public 11 Health Service Act (42 U.S.C. 247d) with respect to 12 the 2019 Novel Coronavirus (COVID–19) and in- 13 cludes any renewal of such declaration pursuant to 14 such section 319. 15 (4) EMPLOYEE.—The term ‘‘employee’’ has the 16 meaning given that term in section 3 of the Fair 17 Labor Standards Act of 1938 (29 U.S.C. 203). 18 (5) EMPLOYER.—The term ‘‘employer’’ means 19 an aviation manufacturing company that is an em- 20 ployer (as defined in section 3 of the Fair Labor 21 Standards Act of 1938 (29 U.S.C. 203)). 22 (6) PRIVATE CONTRIBUTION.—The term ‘‘pri- 23 vate contribution’’ means the contribution funded by 24 the employer under this subtitle to maintain 50 per- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00376 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 377 •HR 1319 RH cent of the eligible employee group’s total compensa- 1 tion level, and combined with the public contribu- 2 tion, is sufficient to maintain the total compensation 3 level for the eligible employee group as of April 1, 4 2020. 5 (7) PUBLIC CONTRIBUTION.—The term ‘‘public 6 contribution’’ means the contribution funded by the 7 Federal Government under this title to provide 50 8 percent of the eligible employees group’s total com- 9 pensation level, and combined with the private con- 10 tribution, is sufficient to maintain the total com- 11 pensation level for those in the eligible employee 12 group as of April 1, 2020. 13 (8) SECRETARY.—The term ‘‘Secretary’’ means 14 the Secretary of Transportation. 15 (9) TOTAL COMPENSATION LEVEL.—The term 16 ‘‘total compensation level’’ means the level of total 17 base compensation and benefits being provided to an 18 eligible employee group employee, excluding overtime 19 and premium pay, and excluding any Federal, State, 20 or local payroll taxes paid, as of April 1, 2020. 21 SEC. 7102. PAYROLL SUPPORT PROGRAM. 22 (a) IN GENERAL.—The Secretary shall establish a 23 payroll support program and enter into agreements with 24 employers who meet the eligibility criteria specified in sub- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00377 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 378 •HR 1319 RH section (b) and are not ineligible under subsection (c), to 1 provide public contributions to supplement compensation 2 of an eligible employee group. There is appropriated for 3 fiscal year 2021, out of amounts in the Treasury not oth- 4 erwise appropriated, $3,000,000,000, to remain available 5 until September 30, 2023, for the Secretary to carry out 6 the payroll support program authorized under the pre- 7 ceding sentence for which 1 percent of the funds may be 8 used for implementation costs and administrative ex- 9 penses. 10 (b) ELIGIBILITY.—The Secretary shall enter into an 11 agreement and provide public contributions, for a term no 12 longer than 6 months, solely with an employer that— 13 (1) agrees to use the funds received under an 14 agreement exclusively for the continuation of em- 15 ployee wages, salaries, and benefits, to maintain the 16 total compensation level for the eligible employee 17 group as of April 1, 2020 for the duration of the 18 agreement, and to facilitate the retention, rehire, or 19 recall of employees of the employer, except that such 20 funds may not be used for back pay of returning re- 21 hired or recalled employees; and 22 (2) agrees that any false, fictitious, misleading, 23 or fraudulent information made or submitted by the 24 employer, or the omission of any material fact by the 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00378 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 379 •HR 1319 RH employer, may subject the employer to criminal, 1 civil, or administrative penalties for fraud, false 2 statements, false claims, or otherwise pursuant to 3 applicable Federal law. 4 (c) INELIGIBILITY.—The Secretary may not enter 5 into any agreement under this section with an employer 6 who was allowed a credit under section 2301 of the 7 CARES Act (26 U.S.C. 3111 note) for any calendar quar- 8 ter ending before such agreement is entered into, who re- 9 ceived financial assistance under section 4113 of the 10 CARES Act (15 U.S.C. 9073), or who is currently expend- 11 ing financial assistance under the paycheck protection pro- 12 gram established under section 7(a)(36) of the Small 13 Business Act (15 U.S.C. 636(a)(36)), as of the date the 14 employer submits an application under the payroll support 15 program established under subsection (a). 16 (d) REDUCTIONS.—To address any shortfall in assist- 17 ance that would otherwise be provided under this subtitle, 18 the Secretary shall reduce, on a pro rata basis, the finan- 19 cial assistance provided under this subtitle. 20 (e) AGREEMENT DEADLINE.—No agreement may be 21 entered into by the Secretary under the payroll support 22 program established under subsection (a) after the last 23 day of the 6 month period that begins on the effective 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00379 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 380 •HR 1319 RH date of the first agreement entered into under such pro- 1 gram. 2 Subtitle C—Continued Assistance 3 to Rail Workers 4 SEC. 7201. ADDITIONAL ENHANCED BENEFITS UNDER THE 5 RAILROAD UNEMPLOYMENT INSURANCE ACT. 6 (a) IN GENERAL.—Section 2(a)(5)(A) of the Railroad 7 Unemployment Insurance Act (45 U.S.C. 352(a)(5)(A)) is 8 amended— 9 (1) in the first sentence— 10 (A) by striking ‘‘March 14, 2021’’ and in- 11 serting ‘‘August 29, 2021’’; 12 (B) by striking ‘‘or July 1, 2020’’ and in- 13 serting ‘‘July 1, 2020, or July 1, 2021’’; and 14 (2) by adding at the end the following: ‘‘For 15 registration periods beginning after March 14, 2021, 16 but on or before August 29, 2021, the recovery ben- 17 efit payable under this subparagraph shall be in the 18 amount of $800.’’. 19 (b) CLARIFICATION ON AUTHORITY TO USE 20 FUNDS.—Funds appropriated under subparagraph (B) of 21 section 2(a)(5) of the Railroad Unemployment Insurance 22 Act (45 U.S.C. 352(a)(5)) shall be available to cover the 23 cost of recovery benefits provided under such section 24 2(a)(5) by reason of the amendments made by subsection 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00380 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 381 •HR 1319 RH (a) as well as to cover the cost of such benefits provided 1 under such section 2(a)(5) as in effect on the day before 2 the date of enactment of this Act. 3 SEC. 7202. EXTENDED UNEMPLOYMENT BENEFITS UNDER 4 THE RAILROAD UNEMPLOYMENT INSURANCE 5 ACT. 6 (a) IN GENERAL.—Section 2(c)(2)(D) of the Rail- 7 road Unemployment Insurance Act (45 U.S.C. 8 352(c)(2)(D)) is amended— 9 (1) in clause (i)— 10 (A) in subclause (I), by striking ‘‘185 11 days’’ and inserting ‘‘305 days’’; 12 (B) in subclause (II), 13 (i) by striking ‘‘19 consecutive 14-day 14 periods’’ and inserting ‘‘31 consecutive 14- 15 day periods’’; and 16 (ii) by striking ‘‘6 consecutive 14-day 17 periods’’ and inserting ‘‘18 consecutive 14- 18 day periods’’; 19 (2) in clause (ii)— 20 (A) by striking ‘‘120 days of unemploy- 21 ment’’ and inserting ‘‘240 days of unemploy- 22 ment’’; 23 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00381 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 382 •HR 1319 RH (B) by striking ‘‘12 consecutive 14-day pe- 1 riods’’ and inserting ‘‘24 consecutive 14-day pe- 2 riods’’; and 3 (C) by striking ‘‘6 consecutive 14-day peri- 4 ods’’ and inserting ‘‘18 consecutive 14-day peri- 5 ods’’; and 6 (3) in clause (iii)— 7 (A) by striking ‘‘June 30, 2021’’ and in- 8 serting ‘‘June 30, 2022’’; and 9 (B) by striking ‘‘the provisions of clauses 10 (i) and (ii) shall not apply to any employee 11 whose extended benefit period under subpara- 12 graph (B) begins after March 14, 2021, and 13 shall not apply to any employee with respect to 14 any registration period beginning after April 5, 15 2021.’’ and inserting ‘‘the provisions of clauses 16 (i) and (ii) shall not apply to any employee with 17 respect to any registration period beginning 18 after August 29, 2021.’’ 19 (b) CLARIFICATION ON AUTHORITY TO USE 20 FUNDS.—Funds appropriated under either the first or 21 second sentence of clause (v) of section 2(c)(2)(D) of the 22 Railroad Unemployment Insurance Act shall be available 23 to cover the cost of additional extended unemployment 24 benefits provided under such section 2(c)(2)(D) by reason 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00382 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 383 •HR 1319 RH of the amendments made by subsection (a) as well as to 1 cover the cost of such benefits provided under such section 2 2(c)(2)(D) as in effect on the day before the date of enact- 3 ment of this Act. 4 SEC. 7203. EXTENSION OF WAIVER OF THE 7-DAY WAITING 5 PERIOD FOR BENEFITS UNDER THE RAIL- 6 ROAD UNEMPLOYMENT INSURANCE ACT. 7 (a) IN GENERAL.—Section 2112(a) of the CARES 8 Act (15 U.S.C. 9030(a)) is amended by striking ‘‘March 9 14, 2021’’ and inserting ‘‘August 29, 2021’’. 10 (b) CLARIFICATION ON AUTHORITY TO USE 11 FUNDS.—Funds appropriated under section 2112(c) of 12 the CARES Act (15 U.S.C. 9030(c)) shall be available to 13 cover the cost of additional benefits payable due to section 14 2112(a) of such Act by reason of the amendments made 15 by subsection (a) as well as to cover the cost of such bene- 16 fits payable due to such section 2112(a) as in effect on 17 the day before the date of enactment of this Act. 18 SEC. 7204. RAILROAD RETIREMENT BOARD AND OFFICE OF 19 THE INSPECTOR GENERAL FUNDING. 20 In addition to amounts otherwise made available, 21 there are appropriated for fiscal year 2021, out of any 22 money in the Treasury not otherwise appropriated— 23 (1) $27,975,000, to remain available until ex- 24 pended, for the Railroad Retirement Board, to pre- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00383 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 384 •HR 1319 RH vent, prepare for, and respond to coronavirus, of 1 which— 2 (A) $6,800,000 shall be for additional hir- 3 ing and overtime bonuses as needed to admin- 4 ister the Railroad Unemployment Insurance 5 Act; and 6 (B) $21,175,000 shall be to supplement, 7 not supplant, existing resources devoted to op- 8 erations and improvements for the Information 9 Technology Investment Initiatives of the Rail- 10 road Retirement Board; and 11 (2) $500,000, to remain available until ex- 12 pended, for the Railroad Retirement Board Office of 13 Inspector General for audit, investigatory and review 14 activities, as authorized by the Inspector General 15 Act of 1978. 16 TITLE VIII—COMMITTEE ON 17 VETERANS’ AFFAIRS 18 SEC. 8001. FUNDING FOR CLAIMS AND APPEALS PROC- 19 ESSING. 20 In addition to amounts otherwise made available, 21 there is appropriated for fiscal year 2021, out of any 22 money in the Treasury not otherwise appropriated, 23 $272,000,000, to remain available until September 30, 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00384 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 385 •HR 1319 RH 2023, pursuant to sections 308, 310, 7101 through 7113, 1 7701, and 7703 of title 38, United States Code. 2 SEC. 8002. FUNDING AVAILABILITY FOR MEDICAL CARE 3 AND HEALTH NEEDS. 4 In addition to amounts otherwise made available, 5 there is appropriated for fiscal year 2021, out of any 6 money in the Treasury not otherwise appropriated, 7 $13,482,000,000, to remain available until September 30, 8 2023, for allocation under chapters 17, 20, 73, and 81 9 of title 38, United States Code, of which not more than 10 $4,000,000,000 shall be available pursuant to section 11 1703 of title 38, United States Code for health care fur- 12 nished through the Veterans Community Care program. 13 SEC. 8003. FUNDING FOR SUPPLY CHAIN MODERNIZATION. 14 In addition to amounts otherwise made available, 15 there is appropriated for fiscal year 2021, out of any 16 money in the Treasury not otherwise appropriated, 17 $100,000,000, to remain available until September 30, 18 2022, for the supply chain modernization initiative under 19 sections 308, 310, and 7301(b) of title 38, United States 20 Code. 21 SEC. 8004. FUNDING FOR STATE HOMES. 22 In addition to amounts otherwise made available, 23 there are appropriated for fiscal year 2021, out of any 24 money in the Treasury not otherwise appropriated— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00385 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 386 •HR 1319 RH (1) $500,000,000, to remain available until ex- 1 pended, for allocation under sections 8131 through 2 8137 of title 38, United States Code: and 3 (2) $250,000,000, to remain available until 4 September 30, 2022, for a one-time only obligation 5 and expenditure to existing State extended care fa- 6 cilities for veterans in proportion to each State’s 7 share of the total resident capacity in such facilities 8 as of the date of enactment of this Act where such 9 capacity includes only veterans on whose behalf the 10 Department pays a per diem payment pursuant to 11 section 1741 or 1745 of title 38, United States 12 Code. 13 SEC. 8005. FUNDING FOR THE DEPARTMENT OF VETERANS 14 AFFAIRS OFFICE OF INSPECTOR GENERAL. 15 In addition to amounts otherwise made available, 16 there is appropriated for fiscal year 2021, out of any 17 money in the Treasury not otherwise appropriated, 18 $10,000,000, to remain available until expended, to carry 19 out audits, investigations, and other oversight activities 20 authorized under the Inspector General Act of 1978 (5 21 U.S.C. App.) of projects and activities carried out pursu- 22 ant to this title. 23 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00386 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 387 •HR 1319 RH SEC. 8006. COVID–19 VETERAN RAPID RETRAINING ASSIST- 1 ANCE PROGRAM. 2 (a) IN GENERAL.—The Secretary of Veterans Affairs 3 shall carry out a program under which the Secretary shall 4 provide up to 12 months of retraining assistance to an 5 eligible veteran for the pursuit of a covered program of 6 education. Such retraining assistance shall be in addition 7 to any other entitlement to educational assistance or bene- 8 fits for which a veteran is, or has been, eligible. 9 (b) ELIGIBLE VETERANS.— 10 (1) IN GENERAL.—In this section, the term ‘‘el- 11 igible veteran’’ means a veteran who— 12 (A) as of the date of the receipt by the De- 13 partment of Veterans Affairs of an application 14 for assistance under this section, is at least 22 15 years of age but not more than 66 years of age; 16 (B) as of such date, is unemployed by rea- 17 son of the covered public health emergency, as 18 certified by the veteran; 19 (C) as of such date, is not eligible to re- 20 ceive educational assistance under chapter 30, 21 31, 32, 33, or 35 of title 38, United States 22 Code, or chapter 1606 of title 10, United States 23 Code; 24 (D) is not enrolled in any Federal or State 25 jobs program; 26 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00387 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 388 •HR 1319 RH (E) is not in receipt of compensation for a 1 service-connected disability rated totally dis- 2 abling by reason of unemployability; and 3 (F) will not be in receipt of unemployment 4 compensation (as defined in section 85(b) of the 5 Internal Revenue Code of 1986), including any 6 cash benefit received pursuant to subtitle A of 7 title II of division A of the CARES Act (Public 8 Law 116–136), as of the first day on which the 9 veteran would receive a housing stipend pay- 10 ment under this section. 11 (2) TREATMENT OF VETERANS WHO TRANSFER 12 ENTITLEMENT.—For purposes of paragraph (1)(C), 13 a veteran who has transferred all of the veteran’s 14 entitlement to educational assistance under section 15 3319 of title 38, United States Code, shall be con- 16 sidered to be a veteran who is not eligible to receive 17 educational assistance under chapter 33 of such 18 title. 19 (3) FAILURE TO COMPLETE.—A veteran who 20 receives retraining assistance under this section to 21 pursue a program of education and who fails to com- 22 plete the program of education shall not be eligible 23 to receive additional assistance under this section. 24 (c) COVERED PROGRAMS OF EDUCATION.— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00388 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 389 •HR 1319 RH (1) IN GENERAL.—For purposes of this section, 1 a covered program of education is a program of edu- 2 cation (as such term is defined in section 3452(b) of 3 title 38, United States Code) for training, pursued 4 on a full-time or part-time basis— 5 (A) that— 6 (i) is approved under chapter 36 of 7 such title; 8 (ii) does not lead to a bachelors or 9 graduate degree; and 10 (iii) is designed to provide training for 11 a high-demand occupation, as determined 12 under paragraph (3); or 13 (B) that is a high technology program of 14 education offered by a qualified provider, under 15 the meaning given such terms in section 116 of 16 the Harry W. Colmery Veterans Educational 17 Assistance Act of 2017 (Public Law 115–48; 38 18 U.S.C. 3001 note). 19 (2) ACCREDITED PROGRAMS.—In the case of an 20 accredited program of education, the program of 21 education shall not be considered a covered program 22 of education under this section if the program has 23 received a show cause order from the accreditor of 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00389 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 390 •HR 1319 RH the program during the five-year period preceding 1 the date of the enactment of this Act. 2 (3) DETERMINATION OF HIGH-DEMAND OCCU- 3 PATIONS.— 4 (A) INITIAL IMPLEMENTATION.—In car- 5 rying out this section, the Secretary shall use 6 the list of high-demand occupations compiled by 7 the Commissioner of Labor Statistics until the 8 final list under subparagraph (C) is complete. 9 (B) STUDY REQUIRED.—The Secretary of 10 Veterans Affairs shall enter into an agreement 11 with a federally funded research and develop- 12 ment corporation or another appropriate non- 13 Department entity for the conduct of a study to 14 determine which occupations are high-demand 15 occupations. Such study shall be completed not 16 later than 90 days after the date of the enact- 17 ment of this Act. 18 (C) FINAL LIST.—The Secretary— 19 (i) may add or remove occupation 20 from the list in use pursuant to subpara- 21 graph (A) during the 90-day period fol- 22 lowing the completion of the study required 23 by subparagraph (B); 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00390 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 391 •HR 1319 RH (ii) shall issue a final list of high-de- 1 mand occupations for use under this sec- 2 tion by not later than 90 days after the 3 date of the completion of the study; and 4 (iii) shall make such final list publicly 5 available on a website of the Department. 6 (D) USE OF LIST.—The Secretary shall 7 use the list developed under this paragraph in 8 order to apply the requirement that retraining 9 assistance under this section is used for train- 10 ing for a high-demand occupation, but the Sec- 11 retary may remove occupations from the list as 12 the Secretary determines appropriate. 13 (4) FULL-TIME DEFINED.—For purposes of 14 this subsection, the term ‘‘full-time’’ has the mean- 15 ing given such term under section 3688 of title 38, 16 United States Code. 17 (d) AMOUNT OF ASSISTANCE.— 18 (1) RETRAINING ASSISTANCE.—The Secretary 19 of Veterans Affairs shall provide to an eligible vet- 20 eran pursuing a covered program of education under 21 the retraining assistance program under this section 22 an amount equal to the amount of educational as- 23 sistance payable under section 3313(c)(1)(A) of title 24 38, United States Code, for each month the veteran 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00391 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 392 •HR 1319 RH pursues the covered program of education. Such 1 amount shall be payable directly to the educational 2 institution offering the covered program of education 3 pursued by the veteran as follows: 4 (A) 50 percent of the total amount payable 5 shall be paid when the eligible veteran begins 6 the program of education. 7 (B) 25 percent of the total amount payable 8 shall be paid when the eligible veteran com- 9 pletes the program of education. 10 (C) 25 percent of the total amount payable 11 shall be paid when the eligible veteran finds em- 12 ployment in a field related to the program of 13 education. 14 (2) FAILURE TO COMPLETE.— 15 (A) PRO-RATED PAYMENTS.—In the case 16 of a veteran who pursues a covered program of 17 education under the retraining assistance pro- 18 gram under this section, but who does not com- 19 plete the program of education, the Secretary 20 shall pay to the educational institution offering 21 such program of education a pro-rated amount 22 based on the number of months the veteran 23 pursued the program of education in accordance 24 with this paragraph. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00392 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 393 •HR 1319 RH (B) PAYMENT OTHERWISE DUE UPON 1 COMPLETION OF PROGRAM.—The Secretary 2 shall pay to the educational institution a pro- 3 rated amount under paragraph (1)(B) when the 4 veteran provides notice to the educational insti- 5 tution that the veteran no longer intends to 6 pursue the program of education. 7 (C) NONRECOVERY FROM VETERAN.—In 8 the case of a veteran referred to in subpara- 9 graph (A), the educational institution may not 10 seek payment from the veteran for any amount 11 that would have been payable under paragraph 12 (1)(B) had the veteran completed the program 13 of education. 14 (D) PAYMENT DUE UPON EMPLOYMENT.— 15 (i) VETERANS WHO FIND EMPLOY- 16 MENT.—In the case of a veteran referred 17 to in subparagraph (A) who finds employ- 18 ment in a field related to the program of 19 education during the 180-day period begin- 20 ning on the date on which the veteran 21 withdraws from the program of education, 22 the Secretary shall pay to the educational 23 institution a pro-rated amount under para- 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00393 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 394 •HR 1319 RH graph (1)(C) when the veteran finds such 1 employment. 2 (ii) VETERANS WHO DO NOT FIND EM- 3 PLOYMENT.—In the case of a veteran re- 4 ferred to in subparagraph (A) who does 5 not find employment in a field related to 6 the program of education during the 180- 7 day period beginning on the date on which 8 the veteran withdraws from the program of 9 education— 10 (I) the Secretary shall not make 11 a payment to the educational institu- 12 tion under paragraph (1)(C); and 13 (II) the educational institution 14 may not seek payment from the vet- 15 eran for any amount that would have 16 been payable under paragraph (1)(C) 17 had the veteran found employment 18 during such 180-day period. 19 (3) HOUSING STIPEND.—For each month that 20 an eligible veteran pursues a covered program of 21 education under the retraining assistance program 22 under this section, the Secretary shall pay to the 23 veteran a monthly housing stipend in an amount 24 equal to— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00394 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 395 •HR 1319 RH (A) in the case of a covered program of 1 education leading to a degree, or a covered pro- 2 gram of education not leading to a degree, at 3 an institution of higher learning (as that term 4 is defined in section 3452(f) of title 38, United 5 States Code) pursued on more than a half-time 6 basis, the amount specified under subsection 7 (c)(1)(B) of section 3313 of title 38, United 8 States Code; 9 (B) in the case of a covered program of 10 education other than a program of education 11 leading to a degree at an institution other than 12 an institution of higher learning pursued on 13 more than a half-time basis, the amount speci- 14 fied under subsection (g)(3)(A)(ii) of such sec- 15 tion; or 16 (C) in the case of a covered program of 17 education pursued on less than a half-time 18 basis, or a covered program of education pur- 19 sued solely through distance learning on more 20 than a half-time basis, the amount specified 21 under subsection (c)(1)(B)(iii) of such section. 22 (4) FAILURE TO FIND EMPLOYMENT.—The 23 Secretary shall not make a payment under para- 24 graph (1)(C) with respect to an eligible veteran who 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00395 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 396 •HR 1319 RH completes or fails to complete a program of edu- 1 cation under the retraining assistance program 2 under this section if the veteran fails to find employ- 3 ment in a field related to the program of education 4 within the 180-period beginning on the date on 5 which the veteran withdraws from or completes the 6 program. 7 (e) NO TRANSFERABILITY.—Retraining assistance 8 provided under this section may not be transferred to an- 9 other individual. 10 (f) EMPLOYEE ASSISTANCE.—The Secretary of Vet- 11 erans Affairs, in consultation with the Secretary of Labor, 12 shall contact each veteran who pursues a covered program 13 of education under this section— 14 (1) not later than 30 days after the date on 15 which the veteran begins the program of education 16 to notify the veteran of the availability of employ- 17 ment placement services upon completion of the pro- 18 gram; and 19 (2) not later than 14 days after the date on 20 which the veteran completes, or terminates partici- 21 pation in, such program to facilitate the provision of 22 employment placement services to such veteran. 23 (g) NONPROFIT ORGANIZATION.— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00396 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 397 •HR 1319 RH (1) IN GENERAL.—The Secretary of Veterans 1 Affairs shall seek to enter into a memorandum of 2 understanding with one or more qualified nonprofit 3 organizations for the purpose of facilitating the em- 4 ployment of veterans who participate in the retrain- 5 ing assistance program under this section. 6 (2) QUALIFIED NONPROFIT ORGANIZATION.— 7 For purposes of this subsection, a qualified non- 8 profit organization is a nonprofit organization 9 that— 10 (A) is an association of businesses; and 11 (B) has at least two years of experience 12 providing job placement services for veterans. 13 (h) FOLLOW UP OUTREACH.—The Secretary of Vet- 14 erans Affairs, in coordination with the Secretary of Labor, 15 shall contact each veteran who completes a covered pro- 16 gram of education under the retraining assistance pro- 17 gram under this section 30, 60, 90, and 180 days after 18 the veteran completes such program of education to ask 19 the veteran about the experience of the veteran in the re- 20 training assistance program and the veteran’s employment 21 status. 22 (i) QUARTERLY REPORTS.—Not later than the date 23 that is one year after the date of the enactment of this 24 Act, and quarterly thereafter, the Secretary of Labor shall 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00397 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 398 •HR 1319 RH submit to the Committees on Veterans’ Affairs of the Sen- 1 ate and House of Representatives a report containing the 2 following information about veterans who participate in 3 the retraining assistance program under this section: 4 (1) The percentage of such veterans who found 5 employment before the end of the second calendar 6 quarter after exiting the program. 7 (2) The percentage of such veterans who found 8 employment before the end of the fourth calendar 9 quarter after exiting the program. 10 (3) The median earnings of all such veterans 11 for the second quarter after exiting the program. 12 (4) The percentage of such veterans who attain 13 a recognized postsecondary credential during the 12- 14 month period after exiting the program. 15 (j) LIMITATION.—Not more than 17,250 eligible vet- 16 erans may receive retraining assistance under this section. 17 (k) TERMINATION.—No retraining assistance may be 18 paid under this section after the date that is 21 months 19 after the date of the enactment of this Act. 20 (l) COMPTROLLER GENERAL REPORT.—Not later 21 than 180 days after the termination of the retraining as- 22 sistance program under subsection (k), the Comptroller 23 General shall submit to the Committees on Veterans’ Af- 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00398 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 399 •HR 1319 RH fairs of the Senate and House of Representatives a report 1 on the outcomes and effectiveness of the program. 2 (m) DEFINITIONS.—In this section: 3 (1) The term ‘‘covered public health emer- 4 gency’’ means the declaration— 5 (A) of a public health emergency, based on 6 an outbreak of COVID–19 by the Secretary of 7 Health and Human Services under section 319 8 of the Public Health Service Act (42 U.S.C. 9 247d); or 10 (B) of a domestic emergency, based on an 11 outbreak of COVID–19 by the President, the 12 Secretary of Homeland Security, or State, or 13 local authority. 14 (2) The term ‘‘veteran’’ means— 15 (A) a person who served in the active mili- 16 tary, naval, or air service, and who was dis- 17 charged or released therefrom under conditions 18 other than dishonorable; or 19 (B) a member of a reserve component of 20 the Armed Forces who performs active service 21 for a period of 30 days or longer by reason of 22 the covered public health emergency. 23 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00399 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 400 •HR 1319 RH (3) The term ‘‘active service’’ has the meaning 1 given such term in section 101 of title 10, United 2 States Code. 3 (n) FUNDING.—In addition to amounts otherwise 4 available there is appropriated to the Department of Vet- 5 erans Affairs for fiscal year 2021, out of any money in 6 the Treasury not otherwise appropriated, $386,000,000, 7 to remain available until expended, to carry out this sec- 8 tion. 9 SEC. 8007. PROHIBITION ON COPAYMENTS AND COST SHAR- 10 ING FOR VETERANS DURING EMERGENCY RE- 11 LATING TO COVID–19. 12 (a) IN GENERAL.—The Secretary of Veterans Af- 13 fairs— 14 (1) shall not require a veteran to pay a copay- 15 ment or other cost sharing with respect to health 16 care under the laws administered by the Secretary 17 received by the veteran during the period specified in 18 subsection (b); and 19 (2) shall reimburse any veteran who paid a co- 20 payment or other cost sharing for health care under 21 the laws administered by the Secretary received by 22 the veteran during such period the amount paid by 23 the veteran. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00400 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 401 •HR 1319 RH (b) PERIOD SPECIFIED.—The period specified in this 1 subsection is the period beginning on April 6, 2020, and 2 ending on September 30, 2021. 3 (c) FUNDING.—In addition to amounts otherwise 4 available, there is appropriated to the Secretary of Vet- 5 erans Affairs for fiscal year 2021, out of any money in 6 the Treasury not otherwise appropriated, $2,000,000,000, 7 to remain available until expended, to carry out this sec- 8 tion. 9 TITLE IX—COMMITTEE ON WAYS 10 AND MEANS 11 Subtitle A—Crisis Support for 12 Unemployed Workers 13 SEC. 9001. SHORT TITLE. 14 This subtitle may be cited as the ‘‘Crisis Support for 15 Unemployed Workers Act’’. 16 PART 1—EXTENSION OF CARES ACT 17 UNEMPLOYMENT PROVISIONS 18 SEC. 9011. EXTENSION OF PANDEMIC UNEMPLOYMENT AS- 19 SISTANCE. 20 (a) IN GENERAL.—Section 2102(c) of the CARES 21 Act (15 U.S.C. 9021(c)) is amended— 22 (1) in paragraph (1)— 23 (A) by striking ‘‘paragraphs (2) and (3)’’ 24 and inserting ‘‘paragraph (2)’’; and 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00401 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 402 •HR 1319 RH (B) in subparagraph (A)(ii), by striking 1 ‘‘March 14, 2021’’ and inserting ‘‘August 29, 2 2021’’; and 3 (2) by striking paragraph (3) and redesignating 4 paragraph (4) as paragraph (3). 5 (b) INCREASE IN NUMBER OF WEEKS.—Section 6 2102(c)(2) of such Act (15 U.S.C. 9021(c)(2)) is amend- 7 ed— 8 (1) by striking ‘‘50 weeks’’ and inserting ‘‘74 9 weeks’’; and 10 (2) by striking ‘‘50-week period’’ and inserting 11 ‘‘74-week period’’. 12 (c) HOLD HARMLESS FOR PROPER ADMINISTRA- 13 TION.—In the case of an individual who is eligible to re- 14 ceive pandemic unemployment assistance under section 15 2102 of the CARES Act (15 U.S.C. 9021) as of the day 16 before the date of enactment of this Act and on the date 17 of enactment of this Act becomes eligible for pandemic 18 emergency unemployment compensation under section 19 2107 of the CARES Act (15 U.S.C. 9025) by reason of 20 the amendments made by section 9016(b) of this title, any 21 payment of pandemic unemployment assistance under 22 such section 2102 made after the date of enactment of 23 this Act to such individual during an appropriate period 24 of time, as determined by the Secretary of Labor, that 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00402 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 403 •HR 1319 RH should have been made under such section 2107 shall not 1 be considered to be an overpayment of assistance under 2 such section 2102, except that an individual may not re- 3 ceive payment for assistance under section 2102 and a 4 payment for assistance under section 2107 for the same 5 week of unemployment. 6 (d) EFFECTIVE DATE.—The amendments made by 7 subsections (a) and (b) shall apply as if included in the 8 enactment of the CARES Act (Public Law 116–136), ex- 9 cept that no amount shall be payable by virtue of such 10 amendments with respect to any week of unemployment 11 commencing before the date of the enactment of this Act. 12 SEC. 9012. EXTENSION OF EMERGENCY UNEMPLOYMENT 13 RELIEF FOR GOVERNMENTAL ENTITIES AND 14 NONPROFIT ORGANIZATIONS. 15 (a) IN GENERAL.—Section 903(i)(1)(D) of the Social 16 Security Act (42 U.S.C. 1103(i)(1)(D)) is amended by 17 striking ‘‘March 14, 2021’’ and inserting ‘‘August 29, 18 2021’’. 19 (b) INCREASE IN REIMBURSEMENT RATE.—Section 20 903(i)(1)(B) of such Act (42 U.S.C. 1103(i)(1)(B)) is 21 amended— 22 (1) in the first sentence, by inserting ‘‘and ex- 23 cept as otherwise provided in this subparagraph’’ 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00403 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 404 •HR 1319 RH after ‘‘as determined by the Secretary of Labor’’; 1 and 2 (2) by inserting after the first sentence the fol- 3 lowing: ‘‘With respect to the amounts of such com- 4 pensation paid for weeks of unemployment beginning 5 after March 31, 2021, and ending on or before Au- 6 gust 29, 2021, the preceding sentence shall be ap- 7 plied by substituting ‘75 percent’ for ‘one-half’.’’. 8 SEC. 9013. EXTENSION OF FEDERAL PANDEMIC UNEMPLOY- 9 MENT COMPENSATION. 10 (a) IN GENERAL.—Section 2104(e)(2) of the CARES 11 Act (15 U.S.C. 9023(e)(2)) is amended by striking 12 ‘‘March 14, 2021’’ and inserting ‘‘August 29, 2021’’. 13 (b) AMOUNT.—Section 2104(b)(3)(A) of such Act 14 (15 U.S.C. 9023(b)(3)(A)) is amended by adding at the 15 end the following: 16 ‘‘(iii) For weeks of unemployment 17 ending after March 14, 2021, and ending 18 on or before August 29, 2021, $400.’’. 19 (c) DISREGARD OF CERTAIN ADDITIONAL COM- 20 PENSATION FOR PURPOSES OF MEDICAID AND CHIP.— 21 Section 2104(h) of the CARES Act (15 U.S.C. 9023(h)) 22 is amended by striking ‘‘Federal pandemic unemployment 23 compensation’’ and inserting ‘‘Federal Pandemic Unem- 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00404 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 405 •HR 1319 RH ployment Compensation or Mixed Earner Unemployment 1 Compensation’’. 2 SEC. 9014. EXTENSION OF FULL FEDERAL FUNDING OF THE 3 FIRST WEEK OF COMPENSABLE REGULAR 4 UNEMPLOYMENT FOR STATES WITH NO WAIT- 5 ING WEEK. 6 (a) IN GENERAL.—Section 2105(e)(2) of the CARES 7 Act (15 U.S.C. 9024(e)(2)) is amended by striking 8 ‘‘March 14, 2021’’ and inserting ‘‘August 29, 2021’’. 9 (b) FULL REIMBURSEMENT.—Paragraph (3) of sec- 10 tion 2105(c) of such Act (15 U.S.C. 9024(c)) is repealed 11 and such section shall be applied to weeks of unemploy- 12 ment to which an agreement under section 2105 of such 13 Act applies as if such paragraph had not been enacted. 14 SEC. 9015. EXTENSION OF EMERGENCY STATE STAFFING 15 FLEXIBILITY. 16 Section 4102(b) of the Families First Coronavirus 17 Response Act (26 U.S.C. 3304 note), in the second sen- 18 tence, is amended by striking ‘‘March 14, 2021’’ and in- 19 serting ‘‘August 29, 2021’’. 20 SEC. 9016. EXTENSION OF PANDEMIC EMERGENCY UNEM- 21 PLOYMENT COMPENSATION. 22 (a) IN GENERAL.—Section 2107(g) of the CARES 23 Act (15 U.S.C. 9025(g)) is amended to read as follows: 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00405 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 406 •HR 1319 RH ‘‘(g) APPLICABILITY.—An agreement entered into 1 under this section shall apply to weeks of unemployment— 2 ‘‘(1) beginning after the date on which such 3 agreement is entered into; and 4 ‘‘(2) ending on or before August 29, 2021.’’. 5 (b) INCREASE IN NUMBER OF WEEKS.—Section 6 2107(b)(2) of such Act (15 U.S.C. 9025(b)(2)) is amend- 7 ed by striking ‘‘24’’ and inserting ‘‘48’’. 8 (c) COORDINATION RULES.— 9 (1) COORDINATION OF PANDEMIC EMERGENCY 10 UNEMPLOYMENT COMPENSATION WITH EXTENDED 11 COMPENSATION.— 12 (A) INDIVIDUALS RECEIVING EXTENDED 13 COMPENSATION AS OF THE DATE OF ENACT- 14 MENT.—Section 2107(a)(5) of such Act (15 15 U.S.C. 9025(a)(5)) is amended— 16 (i) by striking ‘‘RULE.—An agree- 17 ment’’ and inserting the following: 18 ‘‘RULES.— 19 ‘‘(A) IN GENERAL.—Subject to subpara- 20 graph (B), an agreement’’; and 21 (ii) by adding at the end the fol- 22 lowing: 23 ‘‘(B) SPECIAL RULE.—In the case of an 24 individual who is receiving extended compensa- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00406 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 407 •HR 1319 RH tion under the State law for the week that in- 1 cludes the date of enactment of this subpara- 2 graph (without regard to the amendments made 3 by subsections (a) and (b) of section 9016 of 4 the Crisis Support for Unemployed Workers 5 Act), such individual shall not be eligible to re- 6 ceive pandemic emergency unemployment com- 7 pensation by reason of such amendments until 8 such individual has exhausted all rights to such 9 extended benefits.’’. 10 (B) ELIGIBILITY FOR EXTENDED COM- 11 PENSATION.—Section 2107(a) of such Act (15 12 U.S.C. 9025(a)) is amended by adding at the 13 end the following: 14 ‘‘(8) SPECIAL RULE FOR EXTENDED COM- 15 PENSATION.—At the option of a State, for any 16 weeks of unemployment beginning after the date of 17 the enactment of this paragraph and ending on or 18 before August 29, 2021, an individual’s eligibility 19 period (as described in section 203(c) of the Fed- 20 eral-State Extended Unemployment Compensation 21 Act of 1970 (26 U.S.C. 3304 note)) shall, for pur- 22 poses of any determination of eligibility for extended 23 compensation under the State law of such State, be 24 considered to include any week which begins— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00407 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 408 •HR 1319 RH ‘‘(A) after the date as of which such indi- 1 vidual exhausts all rights to pandemic emer- 2 gency unemployment compensation; and 3 ‘‘(B) during an extended benefit period 4 that began on or before the date described in 5 subparagraph (A).’’. 6 (d) EFFECTIVE DATE.—The amendments made by 7 this section shall apply as if included in the enactment 8 of the CARES Act (Public Law 116–136), except that no 9 amount shall be payable by virtue of such amendments 10 with respect to any week of unemployment commencing 11 before the date of the enactment of this Act. 12 SEC. 9017. EXTENSION OF TEMPORARY FINANCING OF 13 SHORT-TIME COMPENSATION PAYMENTS IN 14 STATES WITH PROGRAMS IN LAW. 15 Section 2108(b)(2) of the CARES Act (15 U.S.C. 16 9026(b)(2)) is amended by striking ‘‘March 14, 2021’’ 17 and inserting ‘‘August 29, 2021’’. 18 SEC. 9018. EXTENSION OF TEMPORARY FINANCING OF 19 SHORT-TIME COMPENSATION AGREEMENTS 20 FOR STATES WITHOUT PROGRAMS IN LAW. 21 Section 2109(d)(2) of the CARES Act (15 U.S.C. 22 9027(d)(2)) is amended by striking ‘‘March 14, 2021’’ 23 and inserting ‘‘August 29, 2021’’. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00408 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 409 •HR 1319 RH PART 2—EXTENSION OF FFCRA UNEMPLOYMENT 1 PROVISIONS 2 SEC. 9021. EXTENSION OF TEMPORARY ASSISTANCE FOR 3 STATES WITH ADVANCES. 4 Section 1202(b)(10)(A) of the Social Security Act 5 (42 U.S.C. 1322(b)(10)(A)) is amended by striking 6 ‘‘March 14, 2021’’ and inserting ‘‘August 29, 2021’’. 7 SEC. 9022. EXTENSION OF FULL FEDERAL FUNDING OF EX- 8 TENDED UNEMPLOYMENT COMPENSATION. 9 Section 4105 of the Families First Coronavirus Re- 10 sponse Act (26 U.S.C. 3304 note) is amended by striking 11 ‘‘March 14, 2021’’ each place it appears and inserting 12 ‘‘August 29, 2021’’. 13 PART 3—DEPARTMENT OF LABOR FUNDING FOR 14 TIMELY, ACCURATE, AND EQUITABLE PAYMENT 15 SEC. 9031. FUNDING FOR ADMINISTRATION. 16 In addition to amounts otherwise available, there is 17 appropriated to the Employment and Training Adminis- 18 tration of the Department of Labor for fiscal year 2021, 19 out of any money in the Treasury not otherwise appro- 20 priated, $8,000,000, to remain available until expended, 21 for necessary expenses to carry out Federal activities re- 22 lating to the administration of unemployment compensa- 23 tion programs. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00409 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 410 •HR 1319 RH SEC. 9032. FUNDING FOR FRAUD PREVENTION, EQUITABLE 1 ACCESS, AND TIMELY PAYMENT TO ELIGIBLE 2 WORKERS. 3 (a) IN GENERAL.—In addition to amounts otherwise 4 available, there is appropriated to the Secretary of Labor 5 for fiscal year 2021, out of any money in the Treasury 6 not otherwise appropriated, $2,000,000,000, to remain 7 available until expended, to detect and prevent fraud, pro- 8 mote equitable access, and ensure the timely payment of 9 benefits with respect to unemployment insurance pro- 10 grams, including programs extended under this subtitle. 11 (b) USE OF FUNDS.—Amounts made available under 12 subsection (a) may be used— 13 (1) for Federal administrative costs related to 14 the purposes described in subsection (a); 15 (2) for systemwide infrastructure investment 16 and development related to such purposes; 17 (3) to make grants to States or territories ad- 18 ministering unemployment insurance programs de- 19 scribed in subsection (a) for such purposes, includ- 20 ing the establishment of procedures or the building 21 of infrastructure to verify or validate identity, imple- 22 ment Federal guidance regarding fraud detection 23 and prevention, and accelerate claims processing or 24 process claims backlogs due to the pandemic; and 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00410 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 411 •HR 1319 RH (4) for transfer to the Inspector General of the 1 Department of Labor, to the Attorney General, to 2 the Commissioner of Internal Revenue, or to other 3 Federal agencies investigating identity theft crime 4 affecting Federal unemployment benefits, as deter- 5 mined appropriate by the Secretary, for the develop- 6 ment of State tools for fraud detection or prevention 7 or for the investigation or prosecution of fraud. 8 (c) RESTRICTIONS ON GRANTS TO STATES AND TER- 9 RITORIES.—As a condition of receiving a grant under sub- 10 section (b)(3), the Secretary may require that a State or 11 territory receiving such a grant shall— 12 (1) use such program integrity tools as the Sec- 13 retary may specify; and 14 (2) as directed by the Secretary, conduct user 15 accessibility testing on any new system developed by 16 the Secretary pursuant to subsection (b)(2). 17 Subtitle B—Emergency Assistance 18 to Families Through Home Vis- 19 iting Programs 20 SEC. 9101. EMERGENCY ASSISTANCE TO FAMILIES 21 THROUGH HOME VISITING PROGRAMS. 22 Title V of the Social Security Act (42 U.S.C. 701- 23 713) is amended by inserting after section 511 the fol- 24 lowing: 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00411 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 412 •HR 1319 RH ‘‘SEC. 511A. EMERGENCY ASSISTANCE TO FAMILIES 1 THROUGH HOME VISITING PROGRAMS. 2 ‘‘(a) SUPPLEMENTAL APPROPRIATION.—In addition 3 to amounts otherwise appropriated, out of any money in 4 the Treasury of the United States not otherwise appro- 5 priated, there are appropriated to the Secretary 6 $150,000,000, to remain available through September 30, 7 2022, to enable eligible entities to conduct programs in 8 accordance with section 511 and subsection (c) of this sec- 9 tion. 10 ‘‘(b) ELIGIBILITY FOR FUNDS.—To be eligible to re- 11 ceive funds made available by subsection (a) of this sec- 12 tion, an entity shall— 13 ‘‘(1) as of the date of the enactment of this sec- 14 tion, be conducting a program under section 511; 15 ‘‘(2) ensure the modification of grants, con- 16 tracts, and other agreements, as applicable, executed 17 under section 511 under which the program is con- 18 ducted as are necessary to provide that, during the 19 period that begins with the date of the enactment of 20 this section and ends with the end of the 2nd suc- 21 ceeding fiscal year after the funds are awarded, the 22 entity shall— 23 ‘‘(A) not reduce funding for, or staffing 24 levels of, the program on account of reduced en- 25 rollment in the program; and 26 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00412 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 413 •HR 1319 RH ‘‘(B) when using funds to provide emer- 1 gency supplies to eligible families receiving 2 grant services under section 511, ensure coordi- 3 nation with local diaper banks to the extent 4 practicable; and 5 ‘‘(3) reaffirm that, in conducting the program, 6 the entity will focus on priority populations (as de- 7 fined in section 511(d)(4)). 8 ‘‘(c) USES OF FUNDS.—An entity to which funds are 9 provided under this section may use the funds— 10 ‘‘(1) to serve families with home visits or with 11 virtual visits, that may be conducted by the use of 12 electronic information and telecommunications tech- 13 nologies, in a service delivery model described in sec- 14 tion 511(d)(3)(A); 15 ‘‘(2) to pay hazard pay or other additional staff 16 costs associated with providing home visits or ad- 17 ministration for programs funded under section 511; 18 ‘‘(3) to train home visitors employed by the en- 19 tity in conducting a virtual home visit and in emer- 20 gency preparedness and response planning for fami- 21 lies served, and may include training on how to safe- 22 ly conduct intimate partner violence screenings, and 23 training on safety and planning for families served 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00413 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 414 •HR 1319 RH to support the family outcome improvements listed 1 in section 511(d)(2)(B); 2 ‘‘(4) for the acquisition by families served by 3 programs under section 511 of such technological 4 means as are needed to conduct and support a vir- 5 tual home visit; 6 ‘‘(5) to provide emergency supplies (such as 7 diapers and diapering supplies including diaper 8 wipes and diaper cream, necessary to ensure that a 9 child using a diaper is properly cleaned and pro- 10 tected from diaper rash, formula, food, water, hand 11 soap and hand sanitizer) to an eligible family (as de- 12 fined in section 511(k)(2)); 13 ‘‘(6) to coordinate with and provide reimburse- 14 ment for supplies to diaper banks when using such 15 entities to provide emergency supplies specified in 16 paragraph (5); and 17 ‘‘(7) to provide prepaid grocery cards to an eli- 18 gible family (as defined in section 511(k)(2)) partici- 19 pating in the maternal, infant, and early childhood 20 home visiting program under section 511 for the 21 purpose of enabling the family to meet the emer- 22 gency needs of the family.’’. 23 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00414 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 415 •HR 1319 RH Subtitle C—Emergency Assistance 1 to Children and Families 2 SEC. 9201. PANDEMIC EMERGENCY ASSISTANCE FUND. 3 Section 403 of the Social Security Act (42 U.S.C. 4 603) is amended by adding at the end the following: 5 ‘‘(c) PANDEMIC EMERGENCY ASSISTANCE FUND.— 6 ‘‘(1) ESTABLISHMENT.—There is established in 7 the Treasury of the United States a fund which 8 shall be known as the ‘Pandemic Emergency Assist- 9 ance Fund’ (in this section referred to as the 10 ‘Fund’) for the duration of the applicable period. 11 ‘‘(2) DEPOSITS INTO FUND.—Out of any money 12 in the Treasury of the United States not otherwise 13 appropriated, there are appropriated for payment to 14 the Fund $1,000,000,000, to remain available until 15 expended. 16 ‘‘(3) RESERVATION OF FUNDS FOR TECHNICAL 17 ASSISTANCE.—Of the amount specified in paragraph 18 (2), the Secretary shall reserve $2,000,000 for ad- 19 ministrative expenses and the provision of technical 20 assistance to States and Indian tribes with respect 21 to the use of funds provided under this subsection. 22 ‘‘(4) ALLOTMENTS.— 23 ‘‘(A) 50 STATES AND THE DISTRICT OF 24 COLUMBIA.— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00415 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 416 •HR 1319 RH ‘‘(i) TOTAL AMOUNT TO BE ALLOT- 1 TED.—The Secretary shall allot a total of 2 92.5 percent of the amount specified in 3 paragraph (2) that is not reserved under 4 paragraph (3) among the States that are 5 not a territory and that are operating a 6 program funded under this part, in accord- 7 ance with clause (ii) of this subparagraph. 8 ‘‘(ii) ALLOTMENT FORMULA.—The 9 Secretary shall allot to each such State the 10 sum of the following percentages of the 11 total amount described in clause (i): 12 ‘‘(I) 50 percent, multiplied by— 13 ‘‘(aa) the population of chil- 14 dren in the State, determined on 15 the basis of the most recent pop- 16 ulation estimates as determined 17 by the Bureau of the Census; di- 18 vided by 19 ‘‘(bb) the total population of 20 children in the States that are 21 not territories, as so determined; 22 plus 23 ‘‘(II) 50 percent, multiplied by— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00416 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 417 •HR 1319 RH ‘‘(aa) the total amount ex- 1 pended by the State for basic as- 2 sistance, non-recurrent short 3 term benefits, and emergency as- 4 sistance in fiscal year 2019, as 5 reported by the State under sec- 6 tion 411; divided by 7 ‘‘(bb) the total amount ex- 8 pended by the States that are not 9 territories for basic assistance, 10 non-recurrent short term bene- 11 fits, and emergency assistance in 12 fiscal year 2019, as so reported 13 by the States. 14 ‘‘(B) TERRITORIES AND INDIAN TRIBES.— 15 The Secretary shall allot among the territories 16 and Indian tribes otherwise eligible for a grant 17 under this part such portions of 7.5 percent of 18 the amount specified in paragraph (2) that are 19 not reserved under paragraph (3) as the Sec- 20 retary deems appropriate based on the needs of 21 the territory or tribe involved. 22 ‘‘(C) EXPENDITURE COMMITMENT RE- 23 QUIREMENT.—To receive the full amount of 24 funding payable under this subsection, a State 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00417 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 418 •HR 1319 RH or Indian tribe shall inform the Secretary as to 1 whether it intends to use all of its allotment 2 under this paragraph and provide that informa- 3 tion— 4 ‘‘(i) in the case of a State that is not 5 a territory, within 45 days after the date 6 of the enactment of this subsection; or 7 ‘‘(ii) in the case of a territory or an 8 Indian tribe, within 90 days after such 9 date of enactment. 10 ‘‘(5) GRANTS.— 11 ‘‘(A) IN GENERAL.—The Secretary shall 12 provide funds to each State and Indian tribe to 13 which an amount is allotted under paragraph 14 (4), from the amount so allotted. 15 ‘‘(B) TREATMENT OF UNUSED FUNDS.— 16 ‘‘(i) REALLOTMENT.—The Secretary 17 shall reallot in accordance with paragraph 18 (4) all funds provided to any State or In- 19 dian tribe under this subsection that are 20 unused, among the other States and In- 21 dian tribes eligible for funds under this 22 subsection. For purposes of paragraph (4), 23 the Secretary shall treat the funds as if in- 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00418 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 419 •HR 1319 RH cluded in the amount specified in para- 1 graph (2). 2 ‘‘(ii) PROVISION.—The Secretary shall 3 provide funds to each such other State or 4 Indian tribe in an amount equal to the 5 amount so reallotted. 6 ‘‘(6) RECIPIENT OF FUNDS PROVIDED FOR TER- 7 RITORIES.—In the case of a territory not operating 8 a program funded under this part, the Secretary 9 shall provide the funds required to be provided to 10 the territory under this subsection, to the agency 11 that administers the bulk of local human services 12 programs in the territory. 13 ‘‘(7) USE OF FUNDS.— 14 ‘‘(A) IN GENERAL.—A State or Indian 15 tribe to which funds are provided under this 16 subsection may use the funds only for non-re- 17 current short term benefits, whether in the 18 form of cash or in other forms. 19 ‘‘(B) LIMITATION ON USE FOR ADMINIS- 20 TRATIVE EXPENSES.—A State to which funds 21 are provided under this subsection shall not ex- 22 pend more than 15 percent of the funds for ad- 23 ministrative purposes. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00419 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 420 •HR 1319 RH ‘‘(C) NONSUPPLANTATION.—Funds pro- 1 vided under this subsection shall be used to 2 supplement and not supplant other Federal, 3 State, or tribal funds for services and activities 4 that promote the purposes of this part. 5 ‘‘(D) EXPENDITURE DEADLINE.— 6 ‘‘(i) IN GENERAL.—Except as pro- 7 vided in clause (ii), a State or Indian tribe 8 to which funds are provided under this 9 subsection shall expend the funds not later 10 than the end of fiscal year 2022. 11 ‘‘(ii) EXCEPTION FOR REALLOTTED 12 FUNDS.—A State or Indian tribe to which 13 funds are provided under paragraph (5)(B) 14 shall expend the funds within 12 months 15 after receipt. 16 ‘‘(8) EXPENDITURE REPORTS.— 17 ‘‘(A) IN GENERAL.—On expending all 18 funds provided to a State or Indian tribe under 19 this subsection, the entity shall submit to the 20 Secretary a written report that describes how 21 the funds were expended, which report shall be 22 so submitted— 23 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00420 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 421 •HR 1319 RH ‘‘(i) if the entity is a State that is not 1 a territory, within 90 days after expendi- 2 ture; or 3 ‘‘(ii) if the entity is a territory or is 4 operating a tribal program funded under 5 this part, within 120 days after expendi- 6 ture. 7 ‘‘(B) AUTHORITY TO COLLECT AND AD- 8 JUST EXPENDITURE DATA.—For the purpose of 9 determining whether a State has expended the 10 funds provided to the State under this sub- 11 section, the Secretary may— 12 ‘‘(i) develop a mechanism for col- 13 lecting the expenditure data; 14 ‘‘(ii) make appropriate adjustments to 15 the data, on a State-by-State basis, to en- 16 sure that the data are comparable with re- 17 spect to the groups of families served and 18 the types of aid provided; and 19 ‘‘(iii) set deadlines for making revi- 20 sions to the data. 21 ‘‘(9) SUSPENSION OF TERRITORY SPENDING 22 CAP.—Section 1108 shall not apply with respect to 23 any funds provided under this subsection. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00421 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 422 •HR 1319 RH ‘‘(10) IMPLEMENTATION.—The Secretary shall 1 implement this subsection as soon as is practicable, 2 pursuant to appropriate guidance to States. 3 ‘‘(11) DEFINITIONS.—In this subsection: 4 ‘‘(A) APPLICABLE PERIOD.—The term ‘ap- 5 plicable period’ means the period that begins 6 with April 1, 2021, and ends with September 7 30, 2022. 8 ‘‘(B) NON-RECURRENT SHORT TERM BEN- 9 EFITS.—The term ‘non-recurrent short term 10 benefits’ has the meaning given the term in 11 OMB approved Form ACF-196R, published on 12 July 31, 2014. 13 ‘‘(C) STATE.—The term ‘State’ means the 14 50 States of the United States, the District of 15 Columbia, and the territories. 16 ‘‘(D) TERRITORY.—The term ‘territory’ 17 means the Commonwealth of Puerto Rico, the 18 United States Virgin Islands, Guam, American 19 Samoa, and the Commonwealth of the Northern 20 Mariana Islands.’’. 21 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00422 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 423 •HR 1319 RH Subtitle D—Elder Justice and 1 Support Guarantee 2 SEC. 9301. ADDITIONAL FUNDING FOR AGING AND DIS- 3 ABILITY SERVICES PROGRAMS. 4 Subtitle A of title XX of the Social Security Act (42 5 U.S.C. 1397-1397h) is amended by adding at the end the 6 following: 7 ‘‘SEC. 2010. ADDITIONAL FUNDING FOR AGING AND DIS- 8 ABILITY SERVICES PROGRAMS. 9 ‘‘(a) APPROPRIATION.—In addition to amounts oth- 10 erwise available, there is appropriated for fiscal year 2021, 11 out of any money in the Treasury not otherwise appro- 12 priated, $276,000,000, to remain available until expended, 13 to carry out the programs described in subtitle B. 14 ‘‘(b) USE OF FUNDS.— 15 ‘‘(1) IN GENERAL.—Of the amounts made 16 available by subsection (a)— 17 ‘‘(A) $88,000,000 shall be made available 18 to carry out the programs described in subtitle 19 B in fiscal year 2021, of which not less than an 20 amount equal to $100,0000,000 minus the 21 amount previously provided in fiscal year 2021 22 to carry out section 2042(b) shall be made 23 available to carry out such section; and 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00423 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 424 •HR 1319 RH ‘‘(B) $188,000,000 shall be made available 1 to carry out the programs described in subtitle 2 B in fiscal year 2022, of which not less than 3 $100,000,000 shall be for activities described in 4 section 2042(b). 5 ‘‘(2) SERVICES FOR ALL ADULTS.—The 6 amounts made available by subsection (a) of this 7 section to carry out section 2042(b) may be used to 8 provide services under programs described in section 9 2042(b) for all adults.’’. 10 Subtitle E—Support to Skilled 11 Nursing Facilities in Response 12 to COVID–19 13 SEC. 9401. PROVIDING FOR INFECTION CONTROL SUPPORT 14 TO SKILLED NURSING FACILITIES THROUGH 15 CONTRACTS WITH QUALITY IMPROVEMENT 16 ORGANIZATIONS. 17 Section 1862(g) of the Social Security Act (42 U.S.C. 18 1395y(g)) is amended— 19 (1) by striking ‘‘The Secretary’’ and inserting 20 ‘‘(1) The Secretary’’; and 21 (2) by adding at the end the following new 22 paragraph: 23 ‘‘(2) In addition to any amounts otherwise available, 24 there is appropriated to the Secretary, out of any monies 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00424 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 425 •HR 1319 RH in the Treasury not otherwise appropriated, 1 $200,000,000, to remain available until expended, for pur- 2 poses of carrying out infection control support (as deter- 3 mined appropriate by the Secretary) through the develop- 4 ment and dissemination of protocols relating to the pre- 5 vention or mitigation of COVID–19 in skilled nursing fa- 6 cilities (as defined in section 1819(a)).’’. 7 SEC. 9402. FUNDING FOR STRIKE TEAMS FOR RESIDENT 8 AND EMPLOYEE SAFETY IN SKILLED NURS- 9 ING FACILITIES. 10 Section 1819 of the Social Security Act (42 U.S.C. 11 1395i–3) is amended by adding at the end the following 12 new subsection: 13 ‘‘(k) FUNDING FOR STRIKE TEAMS.—In addition to 14 amounts otherwise available, there is appropriated to the 15 Secretary, out of any monies in the Treasury not otherwise 16 appropriated, $250,000,000, to remain available until ex- 17 pended, for purposes of allocating such amount among the 18 States (including the District of Columbia and each terri- 19 tory of the United States) to increase the capacity of such 20 a State to respond to COVID–19 by allowing such a State 21 to establish and implement a strike team that will be de- 22 ployed to a skilled nursing facility in the State with diag- 23 nosed or suspected cases of COVID–19 among residents 24 or staff for the purposes of assisting with clinical care, 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00425 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 426 •HR 1319 RH infection control, or staffing during the emergency period 1 described in section 1135(g)(1)(B).’’. 2 Subtitle F—Preserving Health 3 Benefits for Workers 4 SEC. 9500. SHORT TITLE. 5 This subtitle may be cited as the ‘‘Worker Health 6 Coverage Protection Act’’. 7 SEC. 9501. PRESERVING HEALTH BENEFITS FOR WORKERS. 8 (a) PREMIUM ASSISTANCE FOR COBRA CONTINU- 9 ATION COVERAGE FOR INDIVIDUALS AND THEIR FAMI- 10 LIES.— 11 (1) PROVISION OF PREMIUM ASSISTANCE.— 12 (A) REDUCTION OF PREMIUMS PAY- 13 ABLE.—In the case of any premium for a pe- 14 riod of coverage during the period beginning on 15 the first day of the first month beginning after 16 the date of the enactment of this Act, and end- 17 ing on September 30, 2021, for COBRA con- 18 tinuation coverage with respect to any assist- 19 ance eligible individual described in paragraph 20 (3), such individual shall be treated for pur- 21 poses of any COBRA continuation provision as 22 having paid the amount of such premium if 23 such individual pays (or any person other than 24 such individual’s employer pays on behalf of 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00426 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 427 •HR 1319 RH such individual) 15 percent of the amount of 1 such premium. 2 (B) PLAN ENROLLMENT OPTION.— 3 (i) IN GENERAL.—Notwithstanding 4 the COBRA continuation provisions, any 5 assistance eligible individual who is en- 6 rolled in a group health plan offered by a 7 plan sponsor may, not later than 90 days 8 after the date of notice of the plan enroll- 9 ment option described in this subpara- 10 graph, elect to enroll in coverage under a 11 plan offered by such plan sponsor that is 12 different than coverage under the plan in 13 which such individual was enrolled at the 14 time, in the case of any assistance eligible 15 individual described in paragraph (3), the 16 qualifying event specified in section 603(2) 17 of the Employee Retirement Income Secu- 18 rity Act of 1974, section 4980B(f)(3)(B) 19 of the Internal Revenue Code of 1986, or 20 section 2203(2) of the Public Health Serv- 21 ice Act, except for the voluntary termi- 22 nation of such individual’s employment by 23 such individual, occurred, and such cov- 24 erage shall be treated as COBRA continu- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00427 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 428 •HR 1319 RH ation coverage for purposes of the applica- 1 ble COBRA continuation coverage provi- 2 sion. 3 (ii) REQUIREMENTS.—Any assistance 4 eligible individual may elect to enroll in 5 different coverage as described in clause (i) 6 only if— 7 (I) the employer involved has 8 made a determination that such em- 9 ployer will permit such assistance eli- 10 gible individual to enroll in different 11 coverage as provided under this sub- 12 paragraph; 13 (II) the premium for such dif- 14 ferent coverage does not exceed the 15 premium for coverage in which such 16 individual was enrolled at the time 17 such qualifying event occurred; 18 (III) the different coverage in 19 which the individual elects to enroll is 20 coverage that is also offered to simi- 21 larly situated active employees of the 22 employer at the time at which such 23 election is made; and 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00428 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 429 •HR 1319 RH (IV) the different coverage in 1 which the individual elects to enroll is 2 not— 3 (aa) coverage that provides 4 only excepted benefits as defined 5 in section 9832(c) of the Internal 6 Revenue Code of 1986, section 7 733(c) of the Employee Retire- 8 ment Income Security Act of 9 1974, and section 2791(c) of the 10 Public Health Service Act; 11 (bb) a qualified small em- 12 ployer health reimbursement ar- 13 rangement (as defined in section 14 9831(d)(2) of the Internal Rev- 15 enue Code of 1986); or 16 (cc) a flexible spending ar- 17 rangement (as defined in section 18 106(c)(2) of the Internal Rev- 19 enue Code of 1986). 20 (2) LIMITATION OF PERIOD OF PREMIUM AS- 21 SISTANCE.— 22 (A) ELIGIBILITY FOR ADDITIONAL COV- 23 ERAGE.—Paragraph (1)(A) shall not apply with 24 respect to any assistance eligible individual de- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00429 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 430 •HR 1319 RH scribed in paragraph (3) for months of coverage 1 beginning on or after the earlier of— 2 (i) the first date that such individual 3 is eligible for coverage under any other 4 group health plan (other than coverage 5 consisting of only excepted benefits (as de- 6 fined in section 9832(c) of the Internal 7 Revenue Code of 1986, section 733(c) of 8 the Employee Retirement Income Security 9 Act of 1974, and section 2791(c) of the 10 Public Health Service Act), coverage under 11 a flexible spending arrangement (as de- 12 fined in section 106(c)(2) of the Internal 13 Revenue Code of 1986), coverage under a 14 qualified small employer health reimburse- 15 ment arrangement (as defined in section 16 9831(d)(2) of the Internal Revenue Code 17 of 1986)), or eligible for benefits under the 18 Medicare program under title XVIII of the 19 Social Security Act; or 20 (ii) the earlier of— 21 (I) the date following the expira- 22 tion of the maximum period of con- 23 tinuation coverage required under the 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00430 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 431 •HR 1319 RH applicable COBRA continuation cov- 1 erage provision; or 2 (II) the date following the expira- 3 tion of the period of continuation cov- 4 erage allowed under paragraph 5 (4)(B)(ii). 6 (B) NOTIFICATION REQUIREMENT.—Any 7 assistance eligible individual shall notify the 8 group health plan with respect to which para- 9 graph (1)(A) applies if such paragraph ceases 10 to apply by reason of clause (i) of subparagraph 11 (A) (as applicable). Such notice shall be pro- 12 vided to the group health plan in such time and 13 manner as may be specified by the Secretary of 14 Labor. 15 (3) ASSISTANCE ELIGIBLE INDIVIDUAL.—For 16 purposes of this section, the term ‘‘assistance eligible 17 individual’’ means, with respect to a period of cov- 18 erage during the period beginning on the first day 19 of the first month beginning after the date of the en- 20 actment of this Act, and ending on September 30, 21 2021, any individual that is a qualified beneficiary 22 who— 23 (A) is eligible for COBRA continuation 24 coverage by reason of a qualifying event speci- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00431 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 432 •HR 1319 RH fied in section 603(2) of the Employee Retire- 1 ment Income Security Act of 1974, section 2 4980B(f)(3)(B) of the Internal Revenue Code 3 of 1986, or section 2203(2) of the Public 4 Health Service Act, except for the voluntary 5 termination of such individual’s employment by 6 such individual; and 7 (B) elects such coverage. 8 (4) EXTENSION OF ELECTION PERIOD AND EF- 9 FECT ON COVERAGE.— 10 (A) IN GENERAL.—For purposes of apply- 11 ing section 605(a) of the Employee Retirement 12 Income Security Act of 1974, section 13 4980B(f)(5)(A) of the Internal Revenue Code 14 of 1986, and section 2205(a) of the Public 15 Health Service Act, in the case of— 16 (i) an individual who does not have an 17 election of COBRA continuation coverage 18 in effect on the first day of the first month 19 beginning after the date of the enactment 20 of this Act but who would be an assistance 21 eligible individual described in paragraph 22 (3) if such election were so in effect; or 23 (ii) an individual who elected COBRA 24 continuation coverage and discontinued 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00432 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 433 •HR 1319 RH from such coverage before the first day of 1 the first month beginning after the date of 2 the enactment of this Act, 3 such individual may elect the COBRA continu- 4 ation coverage under the COBRA continuation 5 coverage provisions containing such provisions 6 during the period beginning on the first day of 7 the first month beginning after the date of the 8 enactment of this Act and ending 60 days after 9 the date on which the notification required 10 under paragraph (6)(C) is provided to such in- 11 dividual. 12 (B) COMMENCEMENT OF COBRA CONTINU- 13 ATION COVERAGE.—Any COBRA continuation 14 coverage elected by a qualified beneficiary dur- 15 ing an extended election period under subpara- 16 graph (A)— 17 (i) shall commence (including for pur- 18 poses of applying the treatment of pre- 19 mium payments under paragraph (1)(A) 20 and any cost-sharing requirements for 21 items and services under a group health 22 plan) with the first period of coverage be- 23 ginning on or after the first day of the 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00433 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 434 •HR 1319 RH first month beginning after the date of the 1 enactment of this Act, and 2 (ii) shall not extend beyond the period 3 of COBRA continuation coverage that 4 would have been required under the appli- 5 cable COBRA continuation coverage provi- 6 sion if the coverage had been elected as re- 7 quired under such provision. 8 (5) EXPEDITED REVIEW OF DENIALS OF PRE- 9 MIUM ASSISTANCE.—In any case in which an indi- 10 vidual requests treatment as an assistance eligible 11 individual described in paragraph (3) and is denied 12 such treatment by the group health plan, the Sec- 13 retary of Labor (or the Secretary of Health and 14 Human Services in connection with COBRA con- 15 tinuation coverage which is provided other than pur- 16 suant to part 6 of subtitle B of title I of the Em- 17 ployee Retirement Income Security Act of 1974), in 18 consultation with the Secretary of the Treasury, 19 shall provide for expedited review of such denial. An 20 individual shall be entitled to such review upon ap- 21 plication to such Secretary in such form and manner 22 as shall be provided by such Secretary, in consulta- 23 tion with the Secretary of the Treasury. Such Sec- 24 retary shall make a determination regarding such in- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00434 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 435 •HR 1319 RH dividual’s eligibility within 15 business days after re- 1 ceipt of such individual’s application for review 2 under this paragraph. Such Secretary’s determina- 3 tion upon review of the denial shall be de novo and 4 shall be the final determination of such Secretary. A 5 reviewing court shall grant deference to such Sec- 6 retary’s determination. The provisions of this para- 7 graph, paragraphs (1) through (4), and paragraphs 8 (6) through (7) shall be treated as provisions of title 9 I of the Employee Retirement Income Security Act 10 of 1974 for purposes of part 5 of subtitle B of such 11 title. 12 (6) NOTICES TO INDIVIDUALS.— 13 (A) GENERAL NOTICE.— 14 (i) IN GENERAL.—In the case of no- 15 tices provided under section 606(a)(4) of 16 the Employee Retirement Income Security 17 Act of 1974 (29 U.S.C. 1166(4)), section 18 4980B(f)(6)(D) of the Internal Revenue 19 Code of 1986, or section 2206(4) of the 20 Public Health Service Act (42 U.S.C. 21 300bb–6(4)), with respect to individuals 22 who, during the period described in para- 23 graph (3), become entitled to elect COBRA 24 continuation coverage, the requirements of 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00435 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 436 •HR 1319 RH such provisions shall not be treated as met 1 unless such notices include an additional 2 written notification to the recipient in clear 3 and understandable language of— 4 (I) the availability of premium 5 assistance with respect to such cov- 6 erage under this subsection; and 7 (II) the option to enroll in dif- 8 ferent coverage if the employer per- 9 mits assistance eligible individuals de- 10 scribed in paragraph (3) to elect en- 11 rollment in different coverage (as de- 12 scribed in paragraph (1)(B)). 13 (ii) ALTERNATIVE NOTICE.—In the 14 case of COBRA continuation coverage to 15 which the notice provision under such sec- 16 tions does not apply, the Secretary of 17 Labor, in consultation with the Secretary 18 of the Treasury and the Secretary of 19 Health and Human Services, shall, in con- 20 sultation with administrators of the group 21 health plans (or other entities) that provide 22 or administer the COBRA continuation 23 coverage involved, provide rules requiring 24 the provision of such notice. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00436 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 437 •HR 1319 RH (iii) FORM.—The requirement of the 1 additional notification under this subpara- 2 graph may be met by amendment of exist- 3 ing notice forms or by inclusion of a sepa- 4 rate document with the notice otherwise 5 required. 6 (B) SPECIFIC REQUIREMENTS.—Each ad- 7 ditional notification under subparagraph (A) 8 shall include— 9 (i) the forms necessary for estab- 10 lishing eligibility for premium assistance 11 under this subsection; 12 (ii) the name, address, and telephone 13 number necessary to contact the plan ad- 14 ministrator and any other person main- 15 taining relevant information in connection 16 with such premium assistance; 17 (iii) a description of the extended elec- 18 tion period provided for in paragraph 19 (4)(A); 20 (iv) a description of the obligation of 21 the qualified beneficiary under paragraph 22 (2)(B) and the penalty provided under sec- 23 tion 6720C of the Internal Revenue Code 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00437 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 438 •HR 1319 RH of 1986 for failure to carry out the obliga- 1 tion; 2 (v) a description, displayed in a 3 prominent manner, of the qualified bene- 4 ficiary’s right to a reduced premium and 5 any conditions on entitlement to the re- 6 duced premium; and 7 (vi) a description of the option of the 8 qualified beneficiary to enroll in different 9 coverage if the employer permits such ben- 10 eficiary to elect to enroll in such different 11 coverage under paragraph (1)(B). 12 (C) NOTICE IN CONNECTION WITH EX- 13 TENDED ELECTION PERIODS.—In the case of 14 any assistance eligible individual described in 15 paragraph (3) (or any individual described in 16 paragraph (4)(A)) who became entitled to elect 17 COBRA continuation coverage before the first 18 day of the first month beginning after the date 19 of the enactment of this Act, the administrator 20 of the applicable group health plan (or other 21 entity) shall provide (within 60 days after such 22 first day of such first month) for the additional 23 notification required to be provided under sub- 24 paragraph (A) and failure to provide such no- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00438 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 439 •HR 1319 RH tice shall be treated as a failure to meet the no- 1 tice requirements under the applicable COBRA 2 continuation provision. 3 (D) MODEL NOTICES.—Not later than 30 4 days after the date of enactment of this Act, 5 with respect to any assistance eligible individual 6 described in paragraph (3), the Secretary of 7 Labor, in consultation with the Secretary of the 8 Treasury and the Secretary of Health and 9 Human Services, shall prescribe models for the 10 additional notification required under this para- 11 graph. 12 (7) NOTICE OF EXPIRATION OF PERIOD OF 13 PREMIUM ASSISTANCE.— 14 (A) IN GENERAL.—With respect to any as- 15 sistance eligible individual, subject to subpara- 16 graph (B), the requirements of section 17 606(a)(4) of the Employee Retirement Income 18 Security Act of 1974 (29 U.S.C. 1166(4)), sec- 19 tion 4980B(f)(6)(D) of the Internal Revenue 20 Code of 1986, or section 2206(4) of the Public 21 Health Service Act (42 U.S.C. 300bb–6(4)), 22 shall not be treated as met unless the plan ad- 23 ministrator of the individual, during the period 24 specified under subparagraph (C), provides to 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00439 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 440 •HR 1319 RH such individual a written notice in clear and un- 1 derstandable language— 2 (i) that the premium assistance for 3 such individual will expire soon and the 4 prominent identification of the date of 5 such expiration; and 6 (ii) that such individual may be eligi- 7 ble for coverage without any premium as- 8 sistance through— 9 (I) COBRA continuation cov- 10 erage; or 11 (II) coverage under a group 12 health plan. 13 (B) EXCEPTION.—The requirement for the 14 group health plan administrator to provide the 15 written notice under subparagraph (A) shall be 16 waived if the premium assistance for such indi- 17 vidual expires pursuant to clause (i) of para- 18 graph (2)(A). 19 (C) PERIOD SPECIFIED.—For purposes of 20 subparagraph (A), the period specified in this 21 subparagraph is, with respect to the date of ex- 22 piration of premium assistance for any assist- 23 ance eligible individual pursuant to a limitation 24 requiring a notice under this paragraph, the pe- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00440 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 441 •HR 1319 RH riod beginning on the day that is 45 days before 1 the date of such expiration and ending on the 2 day that is 15 days before the date of such ex- 3 piration. 4 (D) MODEL NOTICES.—Not later than 45 5 days after the date of enactment of this Act, 6 with respect to any assistance eligible indi- 7 vidual, the Secretary of Labor, in consultation 8 with the Secretary of the Treasury and the Sec- 9 retary of Health and Human Services, shall 10 prescribe models for the notification required 11 under this paragraph. 12 (8) REGULATIONS.—The Secretary of the 13 Treasury and the Secretary of Labor may jointly 14 prescribe such regulations or other guidance as may 15 be necessary or appropriate to carry out the provi- 16 sions of this subsection, including the prevention of 17 fraud and abuse under this subsection, except that 18 the Secretary of Labor and the Secretary of Health 19 and Human Services may prescribe such regulations 20 (including interim final regulations) or other guid- 21 ance as may be necessary or appropriate to carry 22 out the provisions of paragraphs (5), (6), (7), and 23 (9). 24 (9) OUTREACH.— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00441 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 442 •HR 1319 RH (A) IN GENERAL.—The Secretary of 1 Labor, in consultation with the Secretary of the 2 Treasury and the Secretary of Health and 3 Human Services, shall provide outreach con- 4 sisting of public education and enrollment as- 5 sistance relating to premium assistance pro- 6 vided under this subsection. Such outreach shall 7 target employers, group health plan administra- 8 tors, public assistance programs, States, insur- 9 ers, and other entities as determined appro- 10 priate by such Secretaries. Such outreach shall 11 include an initial focus on those individuals 12 electing continuation coverage who are referred 13 to in paragraph (6)(C). Information on such 14 premium assistance, including enrollment, shall 15 also be made available on websites of the De- 16 partments of Labor, Treasury, and Health and 17 Human Services. 18 (B) ENROLLMENT UNDER MEDICARE.— 19 The Secretary of Health and Human Services 20 shall provide outreach consisting of public edu- 21 cation. Such outreach shall target individuals 22 who lose health insurance coverage. Such out- 23 reach shall include information regarding en- 24 rollment for benefits under title XVIII of the 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00442 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 443 •HR 1319 RH Social Security Act (42 U.S.C. 1395 et seq.) for 1 purposes of preventing mistaken delays of such 2 enrollment by such individuals, including life- 3 time penalties for failure of timely enrollment. 4 (10) DEFINITIONS.—For purposes of this sec- 5 tion: 6 (A) ADMINISTRATOR.—The term ‘‘admin- 7 istrator’’ has the meaning given such term in 8 section 3(16)(A) of the Employee Retirement 9 Income Security Act of 1974. 10 (B) COBRA CONTINUATION COVERAGE.— 11 The term ‘‘COBRA continuation coverage’’ 12 means continuation coverage provided pursuant 13 to part 6 of subtitle B of title I of the Em- 14 ployee Retirement Income Security Act of 1974 15 (other than under section 609), title XXII of 16 the Public Health Service Act, or section 17 4980B of the Internal Revenue Code of 1986 18 (other than subsection (f)(1) of such section in- 19 sofar as it relates to pediatric vaccines), or 20 under a State program that provides com- 21 parable continuation coverage. Such term does 22 not include coverage under a health flexible 23 spending arrangement under a cafeteria plan 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00443 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 444 •HR 1319 RH within the meaning of section 125 of the Inter- 1 nal Revenue Code of 1986. 2 (C) COBRA CONTINUATION PROVISION.— 3 The term ‘‘COBRA continuation provision’’ 4 means the provisions of law described in sub- 5 paragraph (B). 6 (D) COVERED EMPLOYEE.—The term 7 ‘‘covered employee’’ has the meaning given such 8 term in section 607(2) of the Employee Retire- 9 ment Income Security Act of 1974. 10 (E) QUALIFIED BENEFICIARY.—The term 11 ‘‘qualified beneficiary’’ has the meaning given 12 such term in section 607(3) of the Employee 13 Retirement Income Security Act of 1974. 14 (F) GROUP HEALTH PLAN.—The term 15 ‘‘group health plan’’ has the meaning given 16 such term in section 607(1) of the Employee 17 Retirement Income Security Act of 1974. 18 (G) STATE.—The term ‘‘State’’ includes 19 the District of Columbia, the Commonwealth of 20 Puerto Rico, the Virgin Islands, Guam, Amer- 21 ican Samoa, and the Commonwealth of the 22 Northern Mariana Islands. 23 (H) PERIOD OF COVERAGE.—Any ref- 24 erence in this subsection to a period of coverage 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00444 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 445 •HR 1319 RH shall be treated as a reference to a monthly or 1 shorter period of coverage with respect to which 2 premiums are charged with respect to such cov- 3 erage. 4 (I) PLAN SPONSOR.—The term ‘‘plan 5 sponsor’’ has the meaning given such term in 6 section 3(16)(B) of the Employee Retirement 7 Income Security Act of 1974. 8 (J) PREMIUM.—The term ‘‘premium’’ in- 9 cludes, with respect to COBRA continuation 10 coverage, any administrative fee. 11 (11) IMPLEMENTATION FUNDING.—In addition 12 to amounts otherwise made available, out of any 13 funds in the Treasury not otherwise appropriated, 14 there are appropriated to the Secretary of Labor for 15 fiscal year 2021, $10,000,000, to remain available 16 until expended, for the Employee Benefits Security 17 Administration to carry out the provisions of this 18 subtitle. 19 (b) COBRA PREMIUM ASSISTANCE.— 20 (1) ALLOWANCE OF CREDIT.— 21 (A) IN GENERAL.—Subchapter B of chap- 22 ter 65 of the Internal Revenue Code of 1986 is 23 amended by adding at the end the following 24 new section: 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00445 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 446 •HR 1319 RH ‘‘SEC. 6432. CONTINUATION COVERAGE PREMIUM ASSIST- 1 ANCE. 2 ‘‘(a) IN GENERAL.—The person to whom premiums 3 are payable for continuation coverage under section 4 9501(a)(1) of the Worker Health Coverage Protection Act 5 shall be allowed as a credit against the tax imposed by 6 section 3111(b), or so much of the taxes imposed under 7 section 3221(a) as are attributable to the rate in effect 8 under section 3111(b), for each calendar quarter an 9 amount equal to the premiums not paid by assistance eligi- 10 ble individuals for such coverage by reason of such section 11 9501(a)(1) with respect to such calendar quarter. 12 ‘‘(b) PERSON TO WHOM PREMIUMS ARE PAYABLE.— 13 For purposes of subsection (a), except as otherwise pro- 14 vided by the Secretary, the person to whom premiums are 15 payable under such continuation coverage shall be treated 16 as being— 17 ‘‘(1) in the case of any group health plan which 18 is a multiemployer plan (as defined in section 3(37) 19 of the Employee Retirement Income Security Act of 20 1974), the plan, 21 ‘‘(2) in the case of any group health plan not 22 described in paragraph (1), and under which some 23 or all of the coverage is not provided by insurance, 24 the employer maintaining the plan, and 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00446 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 447 •HR 1319 RH ‘‘(3) in the case of any group health plan not 1 described in paragraph (1) or (2), the insurer pro- 2 viding the coverage under the group health plan. 3 ‘‘(c) LIMITATIONS AND REFUNDABILITY.— 4 ‘‘(1) CREDIT LIMITED TO CERTAIN EMPLOY- 5 MENT TAXES.—The credit allowed by subsection (a) 6 with respect to any calendar quarter shall not exceed 7 the tax imposed by section 3111(b), or so much of 8 the taxes imposed under section 3221(a) as are at- 9 tributable to the rate in effect under section 10 3111(b), for such calendar quarter (reduced by any 11 credits allowed against such taxes under sections 12 7001 and 7003 of the Families First Coronavirus 13 Response Act and section 2301 of the CARES Act) 14 on the wages paid with respect to the employment 15 of all employees of the employer. 16 ‘‘(2) REFUNDABILITY OF EXCESS CREDIT.— 17 ‘‘(A) CREDIT IS REFUNDABLE.—If the 18 amount of the credit under subsection (a) ex- 19 ceeds the limitation of paragraph (1) for any 20 calendar quarter, such excess shall be treated 21 as an overpayment that shall be refunded under 22 sections 6402(a) and 6413(b). 23 ‘‘(B) CREDIT MAY BE ADVANCED.—In an- 24 ticipation of the credit, including the refundable 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00447 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 448 •HR 1319 RH portion under subparagraph (A), the credit may 1 be advanced, according to forms and instruc- 2 tions provided by the Secretary, up to an 3 amount calculated under subsection (a) through 4 the end of the most recent payroll period in the 5 quarter. 6 ‘‘(C) TREATMENT OF DEPOSITS.—The 7 Secretary shall waive any penalty under section 8 6656 for any failure to make a deposit of the 9 tax imposed by section 3111(b), or so much of 10 the taxes imposed under section 3221(a) as are 11 attributable to the rate in effect under section 12 3111(b), if the Secretary determines that such 13 failure was due to the anticipation of the credit 14 allowed under this section. 15 ‘‘(D) TREATMENT OF PAYMENTS.—For 16 purposes of section 1324 of title 31, United 17 States Code, any amounts due to an employer 18 under this paragraph shall be treated in the 19 same manner as a refund due from a credit 20 provision referred to in subsection (b)(2) of 21 such section. 22 ‘‘(3) OVERSTATEMENTS.—Any overstatement of 23 the credit to which a person is entitled under this 24 section (and any amount paid by the Secretary as a 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00448 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 449 •HR 1319 RH result of such overstatement) shall be treated as an 1 underpayment by such person of the taxes described 2 in paragraph (1) and may be assessed and collected 3 by the Secretary in the same manner as such taxes. 4 ‘‘(d) GOVERNMENTAL ENTITIES.—For purposes of 5 this section, the term ‘person’ includes the government of 6 any State or political subdivision thereof, any Indian tribal 7 government (as defined in section 139E(c)(1)), any agency 8 or instrumentality of any of the foregoing, and any agency 9 or instrumentality of the Government of the United States 10 that is described in section 501(c)(1) and exempt from 11 taxation under section 501(a). 12 ‘‘(e) DENIAL OF DOUBLE BENEFIT.—For purposes 13 of chapter 1, the gross income of any person allowed a 14 credit under this section shall be increased for the taxable 15 year which includes the last day of any calendar quarter 16 with respect to which such credit is allowed by the amount 17 of such credit. No amount for which a credit is allowed 18 under this section shall be taken into account as qualified 19 wages under section 2301 of the CARES Act or as quali- 20 fied health plan expenses under section 7001(d) or 21 7003(d) of the Families First Coronavirus Response Act. 22 ‘‘(f) REGULATIONS.—The Secretary shall issue such 23 regulations, or other guidance, forms, instructions, and 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00449 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 450 •HR 1319 RH publications, as may be necessary or appropriate to carry 1 out this section, including— 2 ‘‘(1) the requirement to report information or 3 the establishment of other methods for verifying the 4 correct amounts of reimbursements under this sec- 5 tion, 6 ‘‘(2) the application of this section to group 7 health plans that are multiemployer plans (as de- 8 fined in section 3(37) of the Employee Retirement 9 Income Security Act of 1974), 10 ‘‘(3) to allow the advance payment of the credit 11 determined under subsection (a), subject to the limi- 12 tations provided in this section, based on such infor- 13 mation as the Secretary shall require, 14 ‘‘(4) to provide for the reconciliation of such 15 advance payment with the amount of the credit at 16 the time of filing the return of tax for the applicable 17 quarter or taxable year, and 18 ‘‘(5) allowing the credit to third party payors 19 (including professional employer organizations, cer- 20 tified professional employer organizations, or agents 21 under section 3504).’’. 22 (B) CLERICAL AMENDMENT.—The table of 23 sections for subchapter B of chapter 65 of the 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00450 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 451 •HR 1319 RH Internal Revenue Code of 1986 is amended by 1 adding at the end the following new item: 2 ‘‘Sec. 6432. Continuation coverage premium assistance.’’. (C) EFFECTIVE DATE.—The amendments 3 made by this paragraph shall apply to pre- 4 miums to which subsection (a)(1)(A) applies 5 and wages paid on or after April 1, 2021. 6 (D) SPECIAL RULE IN CASE OF EMPLOYEE 7 PAYMENT THAT IS NOT REQUIRED UNDER THIS 8 SECTION.— 9 (i) IN GENERAL.—In the case of an 10 assistance eligible individual who pays, 11 with respect any period of coverage to 12 which subsection (a)(1)(A) applies, the 13 amount of the premium for such coverage 14 that the individual would have (but for this 15 Act) been required to pay, the person to 16 whom such payment is payable shall reim- 17 burse such individual for the amount of 18 such premium paid in excess of the 19 amount required to be paid under sub- 20 section (a)(1)(A). 21 (ii) CREDIT OF REIMBURSEMENT.—A 22 person to which clause (i) applies shall be 23 allowed a credit in the manner provided 24 under section 6432 of the Internal Rev- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00451 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 452 •HR 1319 RH enue Code of 1986 for any payment made 1 to the employee under such clause. 2 (iii) PAYMENT OF CREDITS.—Any 3 person to which clause (i) applies shall 4 make the payment required under such 5 clause to the individual not later than 60 6 days after the date on which such indi- 7 vidual elects continuation coverage under 8 subsection (a)(1). 9 (2) PENALTY FOR FAILURE TO NOTIFY HEALTH 10 PLAN OF CESSATION OF ELIGIBILITY FOR PREMIUM 11 ASSISTANCE.— 12 (A) IN GENERAL.—Part I of subchapter B 13 of chapter 68 of the Internal Revenue Code of 14 1986 is amended by adding at the end the fol- 15 lowing new section: 16 ‘‘SEC. 6720C. PENALTY FOR FAILURE TO NOTIFY HEALTH 17 PLAN OF CESSATION OF ELIGIBILITY FOR 18 CONTINUATION COVERAGE PREMIUM ASSIST- 19 ANCE. 20 ‘‘(a) IN GENERAL.—Except in the case of a failure 21 described in subsection (b) or (c), any person required to 22 notify a group health plan under section 9501(a)(2)(B) 23 of the Worker Health Coverage Protection Act who fails 24 to make such a notification at such time and in such man- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00452 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 453 •HR 1319 RH ner as the Secretary of Labor may require shall pay a 1 penalty of $250 for each such failure. 2 ‘‘(b) INTENTIONAL FAILURE.—In the case of any 3 such failure that is fraudulent, such person shall pay a 4 penalty equal to the greater of— 5 ‘‘(1) $250, or 6 ‘‘(2) 110 percent of the premium assistance 7 provided under section 9501(a)(1)(A) of the Worker 8 Health Coverage Protection Act after termination of 9 eligibility under such section. 10 ‘‘(c) REASONABLE CAUSE EXCEPTION.—No penalty 11 shall be imposed under this section with respect to any 12 failure if it is shown that such failure is due to reasonable 13 cause and not to willful neglect.’’. 14 (B) CLERICAL AMENDMENT.—The table of 15 sections of part I of subchapter B of chapter 68 16 of such Code is amended by adding at the end 17 the following new item: 18 ‘‘Sec. 6720C. Penalty for failure to notify health plan of cessation of eligibility for continuation coverage premium assistance.’’. (3) COORDINATION WITH HCTC.— 19 (A) IN GENERAL.—Section 35(g)(9) of the 20 Internal Revenue Code of 1986 is amended to 21 read as follows: 22 ‘‘(9) CONTINUATION COVERAGE PREMIUM AS- 23 SISTANCE.—In the case of an assistance eligible in- 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00453 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 454 •HR 1319 RH dividual who receives premium assistance for con- 1 tinuation coverage under section 9501(a)(1) of the 2 Worker Health Coverage Protection Act for any 3 month during the taxable year, such individual shall 4 not be treated as an eligible individual, a certified 5 individual, or a qualifying family member for pur- 6 poses of this section or section 7527 with respect to 7 such month.’’. 8 (B) EFFECTIVE DATE.—The amendment 9 made by subparagraph (A) shall apply to tax- 10 able years ending after the date of the enact- 11 ment of this Act. 12 (4) EXCLUSION OF CONTINUATION COVERAGE 13 PREMIUM ASSISTANCE FROM GROSS INCOME.— 14 (A) IN GENERAL.—Part III of subchapter 15 B of chapter 1 of the Internal Revenue Code of 16 1986 is amended by inserting after section 17 139H the following new section: 18 ‘‘SEC. 139I. CONTINUATION COVERAGE PREMIUM ASSIST- 19 ANCE. 20 ‘‘In the case of an assistance eligible individual (as 21 defined in subsection (a)(3) of section 9501 of the Worker 22 Health Coverage Protection Act), gross income does not 23 include any premium assistance provided under subsection 24 (a)(1) of such section.’’. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00454 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 455 •HR 1319 RH (B) CLERICAL AMENDMENT.—The table of 1 sections for part III of subchapter B of chapter 2 1 of such Code is amended by inserting after 3 the item relating to section 139H the following 4 new item: 5 ‘‘Sec. 139I. Continuation coverage premium assistance.’’. (C) EFFECTIVE DATE.—The amendments 6 made by this paragraph shall apply to taxable 7 years ending after the date of the enactment of 8 this Act. 9 Subtitle G—Promoting Economic 10 Security 11 PART 1—2021 RECOVERY REBATES TO 12 INDIVIDUALS 13 SEC. 9601. 2021 RECOVERY REBATES TO INDIVIDUALS. 14 (a) IN GENERAL.—Subchapter B of chapter 65 of the 15 Internal Revenue Code of 1986 is amended by inserting 16 after section 6428A the following new section: 17 ‘‘SEC. 6428B. 2021 RECOVERY REBATES TO INDIVIDUALS. 18 ‘‘(a) IN GENERAL.—In the case of an eligible indi- 19 vidual, there shall be allowed as a credit against the tax 20 imposed by subtitle A for the first taxable year beginning 21 in 2021 an amount equal to the 2021 rebate amount de- 22 termined for such taxable year. 23 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00455 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 456 •HR 1319 RH ‘‘(b) 2021 REBATE AMOUNT.—For purposes of this 1 section, the term ‘2021 rebate amount’ means, with re- 2 spect to any taxpayer for any taxable year, the sum of— 3 ‘‘(1) $1,400 ($2,800 in the case of a joint re- 4 turn), plus 5 ‘‘(2) $1,400 multiplied by the number of de- 6 pendents of the taxpayer for such taxable year. 7 ‘‘(c) ELIGIBLE INDIVIDUAL.—For purposes of this 8 section, the term ‘eligible individual’ means any individual 9 other than— 10 ‘‘(1) any nonresident alien individual, 11 ‘‘(2) any individual who is a dependent of an- 12 other taxpayer for a taxable year beginning in the 13 calendar year in which the individual’s taxable year 14 begins, and 15 ‘‘(3) an estate or trust. 16 ‘‘(d) LIMITATION BASED ON ADJUSTED GROSS IN- 17 COME.— 18 ‘‘(1) IN GENERAL.—The amount of the credit 19 allowed by subsection (a) (determined without re- 20 gard to this subsection and subsection (f)) shall be 21 reduced (but not below zero) by the amount which 22 bears the same ratio to such credit (as so deter- 23 mined) as— 24 ‘‘(A) the excess of— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00456 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 457 •HR 1319 RH ‘‘(i) the taxpayer’s adjusted gross in- 1 come for such taxable year, over 2 ‘‘(ii) $75,000, bears to 3 ‘‘(B) $25,000. 4 ‘‘(2) SPECIAL RULES.— 5 ‘‘(A) JOINT RETURN OR SURVIVING 6 SPOUSE.—In the case of a joint return or a sur- 7 viving spouse (as defined in section 2(a)), para- 8 graph (1) shall be applied by substituting 9 ‘$150,000’ for ‘$75,000’ and ‘$50,000’ for 10 ‘$25,000’. 11 ‘‘(B) HEAD OF HOUSEHOLD.—In the case 12 of a head of household (as defined in section 13 2(b)), paragraph (1) shall be applied by sub- 14 stituting ‘$112,500’ for ‘$75,000’ and 15 ‘$37,500’ for ‘$25,000’. 16 ‘‘(e) DEFINITIONS AND SPECIAL RULES.— 17 ‘‘(1) DEPENDENT DEFINED.—For purposes of 18 this section, the term ‘dependent’ has the meaning 19 given such term by section 152. 20 ‘‘(2) IDENTIFICATION NUMBER REQUIRE- 21 MENT.— 22 ‘‘(A) IN GENERAL.—In the case of a re- 23 turn other than a joint return, the $1,400 24 amount in subsection (b)(1) shall be treated as 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00457 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 458 •HR 1319 RH being zero unless the taxpayer includes the 1 valid identification number of the taxpayer on 2 the return of tax for the taxable year. 3 ‘‘(B) JOINT RETURNS.—In the case of a 4 joint return, the $2,800 amount in subsection 5 (b)(1) shall be treated as being— 6 ‘‘(i) $1,400 if the valid identification 7 number of only 1 spouse is included on the 8 return of tax for the taxable year, and 9 ‘‘(ii) zero if the valid identification 10 number of neither spouse is so included. 11 ‘‘(C) DEPENDENTS.—A dependent shall 12 not be taken into account under subsection 13 (b)(2) unless the valid identification number of 14 such dependent is included on the return of tax 15 for the taxable year. 16 ‘‘(D) VALID IDENTIFICATION NUMBER.— 17 ‘‘(i) IN GENERAL.—For purposes of 18 this paragraph, the term ‘valid identifica- 19 tion number’ means a social security num- 20 ber issued to an individual by the Social 21 Security Administration on or before the 22 due date for filing the return for the tax- 23 able year. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00458 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 459 •HR 1319 RH ‘‘(ii) ADOPTION TAXPAYER IDENTI- 1 FICATION NUMBER.—For purposes of sub- 2 paragraph (C), in the case of a dependent 3 who is adopted or placed for adoption, the 4 term ‘valid identification number’ shall in- 5 clude the adoption taxpayer identification 6 number of such dependent. 7 ‘‘(E) SPECIAL RULE FOR MEMBERS OF 8 THE ARMED FORCES.—Subparagraph (B) shall 9 not apply in the case where at least 1 spouse 10 was a member of the Armed Forces of the 11 United States at any time during the taxable 12 year and the valid identification number of at 13 least 1 spouse is included on the return of tax 14 for the taxable year. 15 ‘‘(F) COORDINATION WITH CERTAIN AD- 16 VANCE PAYMENTS.—In the case of any payment 17 determined pursuant to subsection (g)(6), a 18 valid identification number shall be treated for 19 purposes of this paragraph as included on the 20 taxpayer’s return of tax if such valid identifica- 21 tion number is available to the Secretary as de- 22 scribed in such subsection. 23 ‘‘(G) MATHEMATICAL OR CLERICAL ERROR 24 AUTHORITY.—Any omission of a correct valid 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00459 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 460 •HR 1319 RH identification number required under this para- 1 graph shall be treated as a mathematical or 2 clerical error for purposes of applying section 3 6213(g)(2) to such omission. 4 ‘‘(3) CREDIT TREATED AS REFUNDABLE.—The 5 credit allowed by subsection (a) shall be treated as 6 allowed by subpart C of part IV of subchapter A of 7 chapter 1. 8 ‘‘(f) COORDINATION WITH ADVANCE REFUNDS OF 9 CREDIT.— 10 ‘‘(1) REDUCTION OF REFUNDABLE CREDIT.— 11 The amount of the credit which would (but for this 12 paragraph) be allowable under subsection (a) shall 13 be reduced (but not below zero) by the aggregate re- 14 funds and credits made or allowed to the taxpayer 15 (or, except as otherwise provided by the Secretary, 16 any dependent of the taxpayer) under subsection (g). 17 Any failure to so reduce the credit shall be treated 18 as arising out of a mathematical or clerical error 19 and assessed according to section 6213(b)(1). 20 ‘‘(2) JOINT RETURNS.—Except as otherwise 21 provided by the Secretary, in the case of a refund 22 or credit made or allowed under subsection (g) with 23 respect to a joint return, half of such refund or cred- 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00460 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 461 •HR 1319 RH it shall be treated as having been made or allowed 1 to each individual filing such return. 2 ‘‘(g) ADVANCE REFUNDS AND CREDITS.— 3 ‘‘(1) IN GENERAL.—Subject to paragraphs (5) 4 and (6), each individual who was an eligible indi- 5 vidual for such individual’s first taxable year begin- 6 ning in 2019 shall be treated as having made a pay- 7 ment against the tax imposed by chapter 1 for such 8 taxable year in an amount equal to the advance re- 9 fund amount for such taxable year. 10 ‘‘(2) ADVANCE REFUND AMOUNT.— 11 ‘‘(A) IN GENERAL.—For purposes of para- 12 graph (1), the advance refund amount is the 13 amount that would have been allowed as a cred- 14 it under this section for such taxable year if 15 this section (other than subsection (f) and this 16 subsection) had applied to such taxable year. 17 ‘‘(B) TREATMENT OF DECEASED INDIVID- 18 UALS.—For purposes of determining the ad- 19 vance refund amount with respect to such tax- 20 able year— 21 ‘‘(i) any individual who was deceased 22 before January 1, 2021, shall be treated 23 for purposes of applying subsection (e)(2) 24 in the same manner as if the valid identi- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00461 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 462 •HR 1319 RH fication number of such person was not in- 1 cluded on the return of tax for such tax- 2 able year (except that subparagraph (E) 3 thereof shall not apply), 4 ‘‘(ii) notwithstanding clause (i), in the 5 case of a joint return with respect to which 6 only 1 spouse is deceased before January 7 1, 2021, such deceased spouse was a mem- 8 ber of the Armed Forces of the United 9 States at any time during the taxable year, 10 and the valid identification number of such 11 deceased spouse is included on the return 12 of tax for the taxable year, the valid identi- 13 fication number of 1 (and only 1) spouse 14 shall be treated as included on the return 15 of tax for the taxable year for purposes of 16 applying subsection (e)(2)(B) with respect 17 to such joint return, and 18 ‘‘(iii) no amount shall be determined 19 under subsection (e)(2) with respect to any 20 dependent of the taxpayer if the taxpayer 21 (both spouses in the case of a joint return) 22 was deceased before January 1, 2021. 23 ‘‘(3) TIMING AND MANNER OF PAYMENTS.— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00462 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 463 •HR 1319 RH ‘‘(A) TIMING.—The Secretary shall, sub- 1 ject to the provisions of this title, refund or 2 credit any overpayment attributable to this sub- 3 section as rapidly as possible, consistent with a 4 rapid effort to make payments attributable to 5 such overpayments electronically if appropriate. 6 No refund or credit shall be made or allowed 7 under this subsection after December 31, 2021. 8 ‘‘(B) DELIVERY OF PAYMENTS.—Notwith- 9 standing any other provision of law, the Sec- 10 retary may certify and disburse refunds payable 11 under this subsection electronically to— 12 ‘‘(i) any account to which the payee 13 received or authorized, on or after January 14 1, 2019, a refund of taxes under this title 15 or of a Federal payment (as defined in sec- 16 tion 3332 of title 31, United States Code), 17 ‘‘(ii) any account belonging to a payee 18 from which that individual, on or after 19 January 1, 2019, made a payment of taxes 20 under this title, or 21 ‘‘(iii) any Treasury-sponsored account 22 (as defined in section 208.2 of title 31, 23 Code of Federal Regulations). 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00463 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 464 •HR 1319 RH ‘‘(C) WAIVER OF CERTAIN RULES.—Not- 1 withstanding section 3325 of title 31, United 2 States Code, or any other provision of law, with 3 respect to any payment of a refund under this 4 subsection, a disbursing official in the executive 5 branch of the United States Government may 6 modify payment information received from an 7 officer or employee described in section 8 3325(a)(1)(B) of such title for the purpose of 9 facilitating the accurate and efficient delivery of 10 such payment. Except in cases of fraud or reck- 11 less neglect, no liability under section 3325, 12 3527, 3528, or 3529 of title 31, United States 13 Code, shall be imposed with respect to pay- 14 ments made under this subparagraph. 15 ‘‘(4) NO INTEREST.—No interest shall be al- 16 lowed on any overpayment attributable to this sub- 17 section. 18 ‘‘(5) APPLICATION TO INDIVIDUALS WHO HAVE 19 FILED A RETURN OF TAX FOR 2020.— 20 ‘‘(A) APPLICATION TO 2020 RETURNS 21 FILED AT TIME OF INITIAL DETERMINATION.— 22 If, at the time of any determination made pur- 23 suant to paragraph (3), the individual referred 24 to in paragraph (1) has filed a return of tax for 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00464 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 465 •HR 1319 RH the individual’s first taxable year beginning in 1 2020, paragraph (1) shall be applied with re- 2 spect to such individual by substituting ‘2020’ 3 for ‘2019’. 4 ‘‘(B) ADDITIONAL PAYMENT.— 5 ‘‘(i) IN GENERAL.—In the case of any 6 individual who files, before the additional 7 payment determination date, a return of 8 tax for such individual’s first taxable year 9 beginning in 2020, the Secretary shall 10 make a payment (in addition to any pay- 11 ment made under paragraph (1)) to such 12 individual equal to the excess (if any) of— 13 ‘‘(I) the amount which would be 14 determined under paragraph (1) 15 (after the application of subparagraph 16 (A)) by applying paragraph (1) as of 17 the additional payment determination 18 date, over 19 ‘‘(II) the amount of any payment 20 made with respect to such individual 21 under paragraph (1). 22 ‘‘(ii) ADDITIONAL PAYMENT DETER- 23 MINATION DATE.—The term ‘additional 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00465 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 466 •HR 1319 RH payment determination date’ means the 1 earlier of— 2 ‘‘(I) the date which is 90 days 3 after the 2020 calendar year filing 4 deadline, or 5 ‘‘(II) September 1, 2021. 6 ‘‘(iii) 2020 CALENDAR YEAR FILING 7 DEADLINE.—The term ‘2020 calendar year 8 filing deadline’ means the date specified in 9 section 6072(a) with respect to returns for 10 calendar year 2020. Such date shall be de- 11 termined after taking into account any pe- 12 riod disregarded under section 7508A if 13 such disregard applies to substantially all 14 returns for calendar year 2020 to which 15 section 6072(a) applies. 16 ‘‘(6) APPLICATION TO CERTAIN INDIVIDUALS 17 WHO HAVE NOT FILED A RETURN OF TAX FOR 2019 18 OR 2020 AT TIME OF DETERMINATION.— 19 ‘‘(A) IN GENERAL.—In the case of any in- 20 dividual who, at the time of any determination 21 made pursuant to paragraph (3), has filed a tax 22 return for neither the year described in para- 23 graph (1) nor for the year described in para- 24 graph (5)(A), the Secretary may apply para- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00466 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 467 •HR 1319 RH graph (1) on the basis of information available 1 to the Secretary and, on the basis of such infor- 2 mation, may determine the advance refund 3 amount with respect to such individual without 4 regard to subsection (d). 5 ‘‘(B) PAYMENT TO REPRESENTATIVE PAY- 6 EES AND FIDUCIARIES.—In the case of any 7 payment determined pursuant to subparagraph 8 (A), such payment may be made to an indi- 9 vidual or organization serving as the eligible in- 10 dividual’s representative payee or fiduciary for 11 a federal benefit program and the entire 12 amount of such payment so made shall be used 13 only for the benefit of the individual who is en- 14 titled to the payment. 15 ‘‘(7) SPECIAL RULE RELATED TO TIME OF FIL- 16 ING RETURN.—Solely for purposes of this sub- 17 section, a return of tax shall not be treated as filed 18 until such return has been processed by the Internal 19 Revenue Service. 20 ‘‘(8) NOTICE TO TAXPAYER.—As soon as prac- 21 ticable after the date on which the Secretary distrib- 22 uted any payment to an eligible taxpayer pursuant 23 to this subsection, notice shall be sent by mail to 24 such taxpayer’s last known address. Such notice 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00467 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 468 •HR 1319 RH shall indicate the method by which such payment 1 was made, the amount of such payment, a phone 2 number for an appropriate point of contact at the 3 Internal Revenue Service to report any error with 4 respect to such payment, and such other information 5 as the Secretary determines appropriate. 6 ‘‘(9) RESTRICTION ON USE OF CERTAIN PRE- 7 VIOUSLY ISSUED PREPAID DEBIT CARDS.—Payments 8 made by the Secretary to individuals under this sec- 9 tion shall not be in the form of an increase in the 10 balance of any previously issued prepaid debit card 11 if, as of the time of the issuance of such card, such 12 card was issued solely for purposes of making pay- 13 ments under section 6428 or 6428A. 14 ‘‘(h) REGULATIONS.—The Secretary shall prescribe 15 such regulations or other guidance as may be necessary 16 or appropriate to carry out the purposes of this section, 17 including— 18 ‘‘(1) regulations or other guidance providing 19 taxpayers the opportunity to provide the Secretary 20 information sufficient to allow the Secretary to make 21 payments to such taxpayers under subsection (g) 22 (including the determination of the amount of such 23 payment) if such information is not otherwise avail- 24 able to the Secretary, and 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00468 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 469 •HR 1319 RH ‘‘(2) regulations or other guidance to ensure to 1 the maximum extent administratively practicable 2 that, in determining the amount of any credit under 3 subsection (a) and any credit or refund under sub- 4 section (g), an individual is not taken into account 5 more than once, including by different taxpayers and 6 including by reason of a change in joint return sta- 7 tus or dependent status between the taxable year for 8 which an advance refund amount is determined and 9 the taxable year for which a credit under subsection 10 (a) is determined. 11 ‘‘(i) OUTREACH.—The Secretary shall carry out a ro- 12 bust and comprehensive outreach program to ensure that 13 all taxpayers described in subsection (h)(1) learn of their 14 eligibility for the advance refunds and credits under sub- 15 section (g); are advised of the opportunity to receive such 16 advance refunds and credits as provided under subsection 17 (h)(1); and are provided assistance in applying for such 18 advance refunds and credits. In conducting such outreach 19 program, the Secretary shall coordinate with other govern- 20 ment, State, and local agencies; federal partners; and com- 21 munity-based nonprofit organizations that regularly inter- 22 face with such taxpayers.’’. 23 (b) TREATMENT OF CERTAIN POSSESSIONS.— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00469 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 470 •HR 1319 RH (1) PAYMENTS TO POSSESSIONS WITH MIRROR 1 CODE TAX SYSTEMS.—The Secretary of the Treas- 2 ury shall pay to each possession of the United States 3 which has a mirror code tax system amounts equal 4 to the loss (if any) to that possession by reason of 5 the amendments made by this section. Such 6 amounts shall be determined by the Secretary of the 7 Treasury based on information provided by the gov- 8 ernment of the respective possession. 9 (2) PAYMENTS TO OTHER POSSESSIONS.—The 10 Secretary of the Treasury shall pay to each posses- 11 sion of the United States which does not have a mir- 12 ror code tax system amounts estimated by the Sec- 13 retary of the Treasury as being equal to the aggre- 14 gate benefits (if any) that would have been provided 15 to residents of such possession by reason of the 16 amendments made by this section if a mirror code 17 tax system had been in effect in such possession. 18 The preceding sentence shall not apply unless the re- 19 spective possession has a plan, which has been ap- 20 proved by the Secretary of the Treasury, under 21 which such possession will promptly distribute such 22 payments to its residents. 23 (3) INCLUSION OF ADMINISTRATIVE EX- 24 PENSES.—The Secretary of the Treasury shall pay 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00470 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 471 •HR 1319 RH to each possession of the United States to which the 1 Secretary makes a payment under paragraph (1) or 2 (2) an amount equal to the lesser of— 3 (A) the increase (if any) of the administra- 4 tive expenses of such possession— 5 (i) in the case of a possession de- 6 scribed in paragraph (1), by reason of the 7 amendments made by this section, and 8 (ii) in the case of a possession de- 9 scribed in paragraph (2), by reason of car- 10 rying out the plan described in such para- 11 graph, or 12 (B) $500,000 ($10,000,000 in the case of 13 Puerto Rico). 14 The amount described in subparagraph (A) shall be 15 determined by the Secretary of the Treasury based 16 on information provided by the government of the 17 respective possession. 18 (4) COORDINATION WITH CREDIT ALLOWED 19 AGAINST UNITED STATES INCOME TAXES.—No cred- 20 it shall be allowed against United States income 21 taxes under section 6428B of the Internal Revenue 22 Code of 1986 (as added by this section), nor shall 23 any credit or refund be made or allowed under sub- 24 section (g) of such section, to any person— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00471 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 472 •HR 1319 RH (A) to whom a credit is allowed against 1 taxes imposed by the possession by reason of 2 the amendments made by this section, or 3 (B) who is eligible for a payment under a 4 plan described in paragraph (2). 5 (5) MIRROR CODE TAX SYSTEM.—For purposes 6 of this subsection, the term ‘‘mirror code tax sys- 7 tem’’ means, with respect to any possession of the 8 United States, the income tax system of such posses- 9 sion if the income tax liability of the residents of 10 such possession under such system is determined by 11 reference to the income tax laws of the United 12 States as if such possession were the United States. 13 (6) TREATMENT OF PAYMENTS.—For purposes 14 of section 1324 of title 31, United States Code, the 15 payments under this subsection shall be treated in 16 the same manner as a refund due from a credit pro- 17 vision referred to in subsection (b)(2) of such sec- 18 tion. 19 (c) ADMINISTRATIVE PROVISIONS.— 20 (1) DEFINITION OF DEFICIENCY.—Section 21 6211(b)(4)(A) of the Internal Revenue Code of 1986 22 is amended by striking ‘‘6428, and 6428A’’ and in- 23 serting ‘‘6428, 6428A, and 6428B’’. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00472 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 473 •HR 1319 RH (2) EXCEPTION FROM REDUCTION OR OFF- 1 SET.—Any refund payable by reason of section 2 6428B(g) of the Internal Revenue Code of 1986 (as 3 added by this section), or any such refund payable 4 by reason of subsection (b) of this section, shall not 5 be — 6 (A) subject to reduction or offset pursuant 7 to section 3716 or 3720A of title 31, United 8 States Code, 9 (B) subject to reduction or offset pursuant 10 to subsection (c), (d), (e), or (f) of section 6402 11 of the Internal Revenue Code of 1986, or 12 (C) reduced or offset by other assessed 13 Federal taxes that would otherwise be subject 14 to levy or collection. 15 (3) CONFORMING AMENDMENTS.— 16 (A) Paragraph (2) of section 1324(b) of 17 title 31, United States Code, is amended by in- 18 serting ‘‘6428B,’’ after ‘‘6428A,’’. 19 (B) The table of sections for subchapter B 20 of chapter 65 of the Internal Revenue Code of 21 1986 is amended by inserting after the item re- 22 lating to section 6428A the following new item: 23 ‘‘Sec. 6428B. 2021 recovery rebates to individuals.’’. (d) APPROPRIATIONS.—Immediately upon the enact- 24 ment of this Act, in addition to amounts otherwise avail- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00473 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 474 •HR 1319 RH able, there are appropriated for fiscal year 2021, out of 1 any money in the Treasury not otherwise appropriated: 2 (1) $1,464,500,000 to remain available until 3 September 30, 2023 for necessary expenses for the 4 Internal Revenue Service for the administration of 5 the advance payments, the provision of taxpayer as- 6 sistance, and the furtherance of integrated, modern- 7 ized, and secure Internal Revenue Service systems, 8 which shall supplement and not supplant any other 9 appropriations that may be available for this pur- 10 pose. 11 (2) $7,000,000 to remain available until Sep- 12 tember 30, 2022, for necessary expenses for the Bu- 13 reau of the Fiscal Service to carry out this section 14 (and the amendments made by this section), which 15 shall supplement and not supplant any other appro- 16 priations that may be available for this purpose, and 17 (3) $8,000,000 to remain available until Sep- 18 tember 30, 2023, for the Treasury Inspector General 19 for Tax Administration for the purposes of over- 20 seeing activates related to the administration of this 21 section (and the amendments made by this section), 22 which shall supplement and not supplant any other 23 appropriations that may be available for this pur- 24 pose. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00474 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 475 •HR 1319 RH (e) FLEXIBILITY WITH RESPECT TO IRS INFORMA- 1 TION TECHNOLOGY EMPLOYEES.— 2 (1) If services performed by an employee of the 3 Internal Revenue Service during the period begin- 4 ning on January 1, 2020, and ending on December 5 31, 2022, are determined by the Commissioner of 6 Internal Revenue to be primarily related to informa- 7 tion technology, any premium pay for such services 8 shall be disregarded in calculating the aggregate of 9 such employee’s basic pay and premium pay for pur- 10 poses of a limitation under section 5547(a) of title 11 5, United States Code, or under any other provision 12 of law, whether such employee’s pay is paid on a bi- 13 weekly or calendar year basis. 14 (2) Any overtime pay for such services shall be 15 disregarded in calculating any annual limit on the 16 amount of overtime pay payable in a calendar or fis- 17 cal year. 18 (3) With regard to such services, any pay that 19 is disregarded under either paragraph (1) or (2) 20 shall be disregarded in calculating such employees 21 aggregate pay for purposes of the limitations in sec- 22 tions 5307 and 9502 of such title 5. 23 (4) If application of this subsection results in 24 the payment of additional premium pay to a covered 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00475 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 476 •HR 1319 RH employee of a type that is normally creditable as 1 basic pay for retirement or any other purpose, that 2 additional pay shall not— 3 (A) be considered to be basic pay of the 4 covered employee for any purpose; or 5 (B) be used in computing a lump-sum pay- 6 ment to the covered employee for accumulated 7 and accrued annual leave under section 5551 or 8 section 5552 of such title 5. 9 PART 2—CHILD TAX CREDIT 10 SEC. 9611. CHILD TAX CREDIT IMPROVEMENTS FOR 2021. 11 (a) IN GENERAL.—Section 24 of the Internal Rev- 12 enue Code of 1986 is amended by adding at the end the 13 following new subsection: 14 ‘‘(i) SPECIAL RULES FOR 2021.—In the case of any 15 taxable year beginning after December 31, 2020, and be- 16 fore January 1, 2022— 17 ‘‘(1) REFUNDABLE CREDIT.—If the taxpayer 18 (in the case of a joint return, either spouse) has a 19 principal place of abode in the United States (deter- 20 mined as provided in section 32) for more than one- 21 half of the taxable year or is a bona fide resident of 22 Puerto Rico (within the meaning of section 937(a)) 23 for such taxable year— 24 ‘‘(A) subsection (d) shall not apply, and 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00476 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 477 •HR 1319 RH ‘‘(B) so much of the credit determined 1 under subsection (a) (after application of sub- 2 paragraph (A)) as does not exceed the amount 3 of such credit which would be so determined 4 without regard to subsection (h)(4) shall be al- 5 lowed under subpart C (and not allowed under 6 this subpart). 7 ‘‘(2) 17-YEAR-OLDS ELIGIBLE FOR TREATMENT 8 AS QUALIFYING CHILDREN.—This section shall be 9 applied— 10 ‘‘(A) by substituting ‘age 18’ for ‘age 17’ 11 in subsection (c)(1), and 12 ‘‘(B) by substituting ‘described in sub- 13 section (c) (determined after the application of 14 subsection (i)(2)(A))’ for ‘described in sub- 15 section (c)’ in subsection (h)(4)(A). 16 ‘‘(3) CREDIT AMOUNT.—Subsection (h)(2) shall 17 not apply and subsection (a) shall be applied by sub- 18 stituting ‘$3,000 ($3,600 in the case of a qualifying 19 child who has not attained age 6 as of the close of 20 the calendar year in which the taxable year of the 21 taxpayer begins)’ for ‘$1,000’. 22 ‘‘(4) REDUCTION OF INCREASED CREDIT 23 AMOUNT BASED ON MODIFIED ADJUSTED GROSS IN- 24 COME.— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00477 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 478 •HR 1319 RH ‘‘(A) IN GENERAL.—The amount of the 1 credit allowable under subsection (a) (deter- 2 mined without regard to subsection (b)) shall be 3 reduced by $50 for each $1,000 (or fraction 4 thereof) by which the taxpayer’s modified ad- 5 justed gross income (as defined in subsection 6 (b)) exceeds the applicable threshold amount. 7 ‘‘(B) APPLICABLE THRESHOLD AMOUNT.— 8 For purposes of this paragraph, the term ‘ap- 9 plicable threshold amount’ means— 10 ‘‘(i) $150,000, in the case of a joint 11 return or surviving spouse (as defined in 12 section 2(a)) , 13 ‘‘(ii) $112,500, in the case of a head 14 of household (as defined in section 2(b)), 15 and 16 ‘‘(iii) $75,000, in any other case. 17 ‘‘(C) LIMITATION ON REDUCTION.— 18 ‘‘(i) IN GENERAL.—The amount of 19 the reduction under subparagraph (A) 20 shall not exceed the lesser of— 21 ‘‘(I) the applicable credit increase 22 amount, or 23 ‘‘(II) 5 percent of the applicable 24 phaseout threshold range. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00478 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 479 •HR 1319 RH ‘‘(ii) APPLICABLE CREDIT INCREASE 1 AMOUNT.—For purposes of this subpara- 2 graph, the term ‘applicable credit increase 3 amount’ means the excess (if any) of— 4 ‘‘(I) the amount of the credit al- 5 lowable under this section for the tax- 6 able year determined without regard 7 to this paragraph and subsection (b), 8 over 9 ‘‘(II) the amount of such credit 10 as so determined and without regard 11 to paragraph (3). 12 ‘‘(iii) APPLICABLE PHASEOUT 13 THRESHOLD RANGE.—For purposes of this 14 subparagraph, the term ‘applicable phase- 15 out threshold range’ means the excess of— 16 ‘‘(I) the threshold amount appli- 17 cable to the taxpayer under subsection 18 (b) (determined after the application 19 of subsection (h)(3)), over 20 ‘‘(II) the applicable threshold 21 amount applicable to the taxpayer 22 under this paragraph. 23 ‘‘(D) COORDINATION WITH LIMITATION ON 24 OVERALL CREDIT.—Subsection (b) shall be ap- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00479 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 480 •HR 1319 RH plied by substituting ‘the credit allowable under 1 subsection (a) (determined after the application 2 of subsection (i)(4)(A)’ for ‘the credit allowable 3 under subsection (a)’.’’. 4 (b) ADVANCE PAYMENT OF CREDIT.— 5 (1) IN GENERAL.—Chapter 77 of such Code is 6 amended by inserting after section 7527 the fol- 7 lowing new section: 8 ‘‘SEC. 7527A. ADVANCE PAYMENT OF CHILD TAX CREDIT. 9 ‘‘(a) IN GENERAL.—The Secretary shall establish a 10 program for making monthly payments to taxpayers each 11 of which is equal to 1⁄12 of the annual advance amount 12 determined with respect to such taxpayer for the calendar 13 year. 14 ‘‘(b) ANNUAL ADVANCE AMOUNT.—For purposes of 15 this section— 16 ‘‘(1) IN GENERAL.—Except as otherwise pro- 17 vided in this subsection, the term ‘annual advance 18 amount’ means, with respect to any taxpayer for any 19 calendar year, the amount (if any) which is esti- 20 mated by the Secretary as being equal to the 21 amount which would be treated as allowed under 22 subpart C of part IV of subchapter A of chapter 1 23 by reason of section 24(i)(1) for the taxpayer’s tax- 24 able year beginning in such calendar year if— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00480 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 481 •HR 1319 RH ‘‘(A) the status of the taxpayer as a tax- 1 payer described in section 24(i)(1) is deter- 2 mined with respect to the reference taxable 3 year, 4 ‘‘(B) the taxpayer’s modified adjusted 5 gross income for such taxable year is equal to 6 the taxpayer’s modified adjusted gross income 7 for the reference taxable year, 8 ‘‘(C) the only children of such taxpayer for 9 such taxable year are qualifying children prop- 10 erly claimed on the taxpayer’s return of tax for 11 the reference taxable year, and 12 ‘‘(D) the ages of such children (and the 13 status of such children as qualifying children) 14 are determined for such taxable year by taking 15 into account the passage of time since the ref- 16 erence taxable year. 17 ‘‘(2) REFERENCE TAXABLE YEAR.—Except as 18 provided in paragraph (3)(A), the term ‘reference 19 taxable year’ means, with respect to any taxpayer 20 for any calendar year, the taxpayer’s taxable year 21 beginning in the preceding calendar year or, in the 22 case of taxpayer who did not file a return of tax for 23 such taxable year, the taxpayer’s taxable year begin- 24 ning in the second preceding calendar year. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00481 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 482 •HR 1319 RH ‘‘(3) MODIFICATIONS DURING CALENDAR 1 YEAR.— 2 ‘‘(A) IN GENERAL.—The Secretary may 3 modify, during any calendar year, the annual 4 advance amount with respect to any taxpayer 5 for such calendar year to take into account— 6 ‘‘(i) a return of tax filed by such tax- 7 payer during such calendar year (and the 8 taxable year to which such return relates 9 may be taken into account as the reference 10 taxable year), and 11 ‘‘(ii) any other information provided 12 by the taxpayer to the Secretary which al- 13 lows the Secretary to determine payments 14 under subsection (a) which, in the aggre- 15 gate during any taxable year of the tax- 16 payer, more closely total the Secretary’s 17 estimate of the amount treated as allowed 18 under subpart C of part IV of subchapter 19 A of chapter 1 by reason of section 20 24(i)(1) for such taxable year of such tax- 21 payer. 22 ‘‘(B) ADJUSTMENT TO REFLECT EXCESS 23 OR DEFICIT IN PRIOR PAYMENTS.—In the case 24 of any modification of the annual advance 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00482 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 483 •HR 1319 RH amount under subparagraph (A), the Secretary 1 may adjust the amount of any monthly pay- 2 ment made after the date of such modification 3 to properly take into account the amount by 4 which any monthly payment made before such 5 date was greater than or less than the amount 6 that such payment would have been on the 7 basis of the annual advance amount as so modi- 8 fied. 9 ‘‘(4) DETERMINATION OF STATUS.—If informa- 10 tion contained in the taxpayer’s return of tax for the 11 reference taxable year does not establish the status 12 of the taxpayer as being described in section 13 24(i)(1), the Secretary may, for purposes of para- 14 graph (1)(A), infer such status (or the lack thereof) 15 from such information as is so contained or from 16 other sources. 17 ‘‘(5) TREATMENT OF CERTAIN DEATHS.—A 18 child shall not be taken into account in determining 19 the annual advance amount under paragraph (1) if 20 the death of such child is known to the Secretary as 21 of the beginning of the calendar year for which the 22 estimate under such paragraph is made. 23 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00483 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 484 •HR 1319 RH ‘‘(c) ON-LINE INFORMATION PORTAL.—The Sec- 1 retary shall establish an on-line portal which allows tax- 2 payers to— 3 ‘‘(1) elect not to receive payments under this 4 section, and 5 ‘‘(2) provide information to the Secretary which 6 would be relevant to a modification under subsection 7 (b)(3)(B) of the annual advance amount, including 8 information regarding— 9 ‘‘(A) a change in the number of the tax- 10 payer’s qualifying children, including by reason 11 of the birth of a child, 12 ‘‘(B) a change in the taxpayer’s marital 13 status, 14 ‘‘(C) a significant change in the taxpayer’s 15 income, and 16 ‘‘(D) any other factor which the Secretary 17 may provide. 18 ‘‘(d) NOTICE OF PAYMENTS.—Not later than Janu- 19 ary 31 of the calendar year following any calendar year 20 during which the Secretary makes one or more payments 21 to any taxpayer under this section, the Secretary shall pro- 22 vide such taxpayer with a written notice which includes 23 the taxpayer’s taxpayer identity (as defined in section 24 6103(b)(6)), the aggregate amount of such payments 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00484 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 485 •HR 1319 RH made to such taxpayer during such calendar year, and 1 such other information as the Secretary determines appro- 2 priate. 3 ‘‘(e) AUTHORITY TO ADJUST INTERVAL OF PAY- 4 MENTS.—If the Secretary determines that it is not admin- 5 istratively feasible to make monthly payments under this 6 section— 7 ‘‘(1) such payments shall be made on the basis 8 of the shortest interval which the Secretary deter- 9 mines is administratively feasible, and 10 ‘‘(2) the amount of such payments shall be de- 11 termined by substituting the ratio of the length of 12 such interval to the length of the calendar year for 13 ‘1⁄12’ in subsection (a). 14 ‘‘(f) ADMINISTRATIVE PROVISIONS.— 15 ‘‘(1) APPLICATION OF DIRECT DEPOSIT RE- 16 QUIREMENT.—Solely for purposes of section 3332 of 17 title 31, United States Code (and notwithstanding 18 the last sentence of subsection (j)(3) thereof), the 19 payments made by the Secretary under subsection 20 (a) shall be treated as Federal payments. 21 ‘‘(2) DELIVERY OF PAYMENTS.—Notwith- 22 standing any other provision of law, the Secretary 23 may certify and disburse refunds payable under this 24 section electronically to— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00485 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 486 •HR 1319 RH ‘‘(A) any account to which the payee re- 1 ceived or authorized, on or after January 1, 2 2019, a refund of taxes under this title or a 3 Federal payment (as defined in section 3332 of 4 title 31, United States Code), 5 ‘‘(B) any account belonging to a payee 6 from which that individual, on or after January 7 1, 2019, made a payment of taxes under this 8 title, or 9 ‘‘(C) any Treasury-sponsored account (as 10 defined in section 208.2 of title 31, Code of 11 Federal Regulations). 12 ‘‘(3) WAIVER OF CERTAIN RULES.—Notwith- 13 standing section 3325 of title 31, United States 14 Code, or any other provision of law, with respect to 15 any payment of a refund under this section, a dis- 16 bursing official in the executive branch of the United 17 States Government may modify payment information 18 received from an officer or employee described in 19 section 3325(a)(1)(B) of such title for the purpose 20 of facilitating the accurate and efficient delivery of 21 such payment. Except in cases of fraud or reckless 22 neglect, no liability under section 3325, 3527, 3528, 23 or 3529 of title 31, United States Code, shall be im- 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00486 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 487 •HR 1319 RH posed with respect to payments made under this 1 paragraph. 2 ‘‘(4) EXCEPTION FROM REDUCTION OR OFF- 3 SET.—Any payment made to any individual under 4 this section shall not be— 5 ‘‘(A) subject to reduction or offset pursu- 6 ant to section 3716 or 3720A of title 31, 7 United States Code, 8 ‘‘(B) subject to reduction or offset pursu- 9 ant to subsection (c), (d), (e), or (f) of section 10 6402, or 11 ‘‘(C) reduced or offset by other assessed 12 Federal taxes that would otherwise be subject 13 to levy or collection. 14 ‘‘(5) ADVANCE PAYMENTS NOT APPLICABLE TO 15 POSSESSIONS OF THE UNITED STATES.— 16 ‘‘(A) IN GENERAL.—The advance payment 17 amount determined under this section shall be 18 determined— 19 ‘‘(i) by applying section 24(i)(1) with- 20 out regard to the phrase ‘or is a bona fide 21 resident of Puerto Rico (within the mean- 22 ing of section 937(a))’, and 23 ‘‘(ii) without regard to section 24 24(k)(3)(C)(ii)(I). 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00487 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 488 •HR 1319 RH ‘‘(B) MIRROR CODE POSSESSIONS.—In the 1 case of any possession of the United States with 2 a mirror code tax system (as defined in section 3 24(k)), this section shall not be treated as part 4 of the income tax laws of the United States for 5 purposes of determining the income tax law of 6 such possession. 7 ‘‘(g) APPLICATION.—No payments shall be made 8 under the program established under subsection (a) with 9 respect to— 10 ‘‘(1) any month beginning before July 1, 2021, 11 or 12 ‘‘(2) any month beginning after December 31, 13 2021. 14 ‘‘(h) REGULATIONS.—The Secretary shall issue such 15 regulations or other guidance as the Secretary determines 16 necessary or appropriate to carry out the purposes of this 17 section and subsections (i)(1) and (j) of section 24, includ- 18 ing regulations or other guidance which provides for the 19 application of such provisions where the filing status of 20 the taxpayer for a taxable year is different from the status 21 used for determining the annual advance amount.’’. 22 (2) RECONCILIATION OF CREDIT AND ADVANCE 23 CREDIT.—Section 24 of such Code, as amended by 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00488 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 489 •HR 1319 RH the preceding provision of this Act, is amended by 1 adding at the end the following new subsection: 2 ‘‘(j) RECONCILIATION OF CREDIT AND ADVANCE 3 CREDIT.— 4 ‘‘(1) IN GENERAL.—The amount of the credit 5 allowed under this section to any taxpayer for any 6 taxable year shall be reduced (but not below zero) by 7 the aggregate amount of payments made under sec- 8 tion 7527A to such taxpayer during such taxable 9 year. Any failure to so reduce the credit shall be 10 treated as arising out of a mathematical or clerical 11 error and assessed according to section 6213(b)(1). 12 ‘‘(2) EXCESS ADVANCE PAYMENTS.— 13 ‘‘(A) IN GENERAL.—If the aggregate 14 amount of payments under section 7527A to 15 the taxpayer during the taxable year exceeds 16 the amount of the credit allowed under this sec- 17 tion to such taxpayer for such taxable year (de- 18 termined without regard to paragraph (1)), the 19 tax imposed by this chapter for such taxable 20 year shall be increased by the amount of such 21 excess. Any failure to so increase the tax shall 22 be treated as arising out of a mathematical or 23 clerical error and assessed according to section 24 6213(b)(1). 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00489 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 490 •HR 1319 RH ‘‘(B) SAFE HARBOR BASED ON MODIFIED 1 ADJUSTED GROSS INCOME.— 2 ‘‘(i) IN GENERAL.—In the case of a 3 taxpayer whose modified adjusted gross in- 4 come (as defined in subsection (b)) for the 5 taxable year does not exceed 200 percent 6 of the applicable income threshold, the 7 amount of the increase determined under 8 subparagraph (A) with respect to such tax- 9 payer for such taxable year shall be re- 10 duced (but not below zero) by the safe har- 11 bor amount. 12 ‘‘(ii) PHASE OUT OF SAFE HARBOR 13 AMOUNT.—In the case of a taxpayer whose 14 modified adjusted gross income (as defined 15 in subsection (b)) for the taxable year ex- 16 ceeds the applicable income threshold, the 17 safe harbor amount otherwise in effect 18 under clause (i) shall be reduced by the 19 amount which bears the same ratio to such 20 amount as such excess bears to the appli- 21 cable income threshold. 22 ‘‘(iii) APPLICABLE INCOME THRESH- 23 OLD.—For purposes of this subparagraph, 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00490 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 491 •HR 1319 RH the term ‘applicable income threshold’ 1 means— 2 ‘‘(I) $60,000 in the case of a 3 joint return or surviving spouse (as 4 defined in section 2(a)), 5 ‘‘(II) $50,000 in the case of a 6 head of household, and 7 ‘‘(III) $40,000 in any other case. 8 ‘‘(iv) SAFE HARBOR AMOUNT.—For 9 purposes of this subparagraph, the term 10 ‘safe harbor amount’ means, with respect 11 to any taxable year, the product of— 12 ‘‘(I) $2,000, multiplied by 13 ‘‘(II) the excess (if any) of the 14 number of qualified children taken 15 into account in determining the an- 16 nual advance amount with respect to 17 the taxpayer under section 7527A 18 with respect to months beginning in 19 such taxable year, over the number of 20 qualified children taken into account 21 in determining the credit allowed 22 under this section for such taxable 23 year.’’. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00491 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 492 •HR 1319 RH (3) COORDINATION WITH WAGE WITH- 1 HOLDING.—Section 3402(f)(1)(C) of such Code is 2 amended by striking ‘‘section 24(a)’’ and inserting 3 ‘‘section 24 (determined after application of sub- 4 section (j) thereof)’’. 5 (4) CONFORMING AMENDMENTS.— 6 (A) Section 26(b)(2) of such Code is 7 amended by striking ‘‘and’’ at the end of sub- 8 paragraph (X), by striking the period at the 9 end of subparagraph (Y) and inserting ‘‘, and’’, 10 and by adding at the end the following new sub- 11 paragraph: 12 ‘‘(Z) section 24(j)(2) (relating to excess 13 advance payments).’’. 14 (B) Section 6211(b)(4)(A) of such Code, 15 as amended by the preceding provisions of this 16 subtitle, is amended— 17 (i) by striking ‘‘24(d)’’ and inserting 18 ‘‘24 by reason of subsections (d) and (i)(1) 19 thereof’’, and 20 (ii) by striking ‘‘and 6428B’’ and in- 21 serting ‘‘6428B, and 7527A’’. 22 (C) Paragraph (2) of section 1324(b) of 23 title 31, United States Code, is amended— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00492 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 493 •HR 1319 RH (i) by inserting ‘‘24,’’ before ‘‘25A’’, 1 and 2 (ii) by striking ‘‘ or 6431’’ and insert- 3 ing ‘‘6431, or 7527A’’. 4 (D) The table of sections for chapter 77 of 5 the Internal Revenue Code of 1986 is amended 6 by inserting after the item relating to section 7 7527 the following new item: 8 ‘‘Sec. 7527A. Advance payment of child tax credit.’’. (5) APPROPRIATIONS TO CARRY OUT ADVANCE 9 PAYMENTS.—Immediately upon the enactment of 10 this Act, in addition to amounts otherwise available, 11 there are appropriated for fiscal year 2021, out of 12 any money in the Treasury not otherwise appro- 13 priated: 14 (A) $397,200,000 to remain available until 15 September 30, 2022, for necessary expenses for 16 the Internal Revenue Service to carry out this 17 section (and the amendments made by this sec- 18 tion), which shall supplement and not supplant 19 any other appropriations that may be available 20 for this purpose, and 21 (B) $16,200,000 to remain available until 22 September 30, 2022, for necessary expenses for 23 the Bureau of the Fiscal Service to carry out 24 this section (and the amendments made by this 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00493 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 494 •HR 1319 RH section), which shall supplement and not sup- 1 plant any other appropriations that may be 2 available for this purpose. 3 (c) EFFECTIVE DATE.— 4 (1) IN GENERAL.—The amendments made by 5 this section shall apply to taxable years beginning 6 after December 31, 2020. 7 (2) ESTABLISHMENT OF ADVANCE PAYMENT 8 PROGRAM.—The Secretary of the Treasury (or the 9 Secretary’s designee) shall establish the program de- 10 scribed in section 7527A of the Internal Revenue 11 Code of 1986 as soon as practicable after the date 12 of the enactment of this Act, except that the Sec- 13 retary shall ensure that the timing of the establish- 14 ment of such program does not interfere with car- 15 rying out section 6428B(g) as rapidly as possible. 16 SEC. 9612. APPLICATION OF CHILD TAX CREDIT IN POSSES- 17 SIONS. 18 (a) IN GENERAL.—Section 24 of the Internal Rev- 19 enue Code of 1986, as amended by the preceding provi- 20 sions of this Act, is amended by adding at the end the 21 following new subsection: 22 ‘‘(k) APPLICATION OF CREDIT IN POSSESSIONS.— 23 ‘‘(1) MIRROR CODE POSSESSIONS.— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00494 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 495 •HR 1319 RH ‘‘(A) IN GENERAL.—The Secretary shall 1 pay to each possession of the United States 2 with a mirror code tax system amounts equal to 3 the loss (if any) to that possession by reason of 4 the application of this section (determined with- 5 out regard to this subsection) with respect to 6 taxable years beginning after 2020. Such 7 amounts shall be determined by the Secretary 8 based on information provided by the govern- 9 ment of the respective possession. 10 ‘‘(B) COORDINATION WITH CREDIT AL- 11 LOWED AGAINST UNITED STATES INCOME 12 TAXES.—No credit shall be allowed under this 13 section for any taxable year to any individual to 14 whom a credit is allowable against taxes im- 15 posed by a possession of the United States with 16 a mirror code tax system by reason of the appli- 17 cation of this section in such possession for 18 such taxable year. 19 ‘‘(C) MIRROR CODE TAX SYSTEM.—For 20 purposes of this paragraph, the term ‘mirror 21 code tax system’ means, with respect to any 22 possession of the United States, the income tax 23 system of such possession if the income tax li- 24 ability of the residents of such possession under 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00495 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 496 •HR 1319 RH such system is determined by reference to the 1 income tax laws of the United States as if such 2 possession were the United States. 3 ‘‘(2) PUERTO RICO.— 4 ‘‘(A) APPLICATION TO TAXABLE YEARS IN 5 2021.— 6 ‘‘(i) For application of refundable 7 credit to residents of Puerto Rico, see sub- 8 section (i)(1). 9 ‘‘(ii) For nonapplication of advance 10 payment to residents of Puerto Rico, see 11 section 7527A(f)(5)(A). 12 ‘‘(B) APPLICATION TO TAXABLE YEARS 13 AFTER 2021.—In the case of any bona fide resi- 14 dent of Puerto Rico (within the meaning of sec- 15 tion 937(a)) for any taxable year beginning 16 after December 31, 2021— 17 ‘‘(i) the credit determined under this 18 section shall be allowable to such resident, 19 and 20 ‘‘(ii) subsection (d)(1)(B)(ii) shall be 21 applied without regard to the phrase ‘in 22 the case of a taxpayer with 3 or more 23 qualifying children’. 24 ‘‘(3) AMERICAN SAMOA.— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00496 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 497 •HR 1319 RH ‘‘(A) IN GENERAL.—The Secretary shall 1 pay to American Samoa amounts estimated by 2 the Secretary as being equal to the aggregate 3 benefits that would have been provided to resi- 4 dents of American Samoa by reason of the ap- 5 plication of this section for taxable years begin- 6 ning after 2020 if the provisions of this section 7 had been in effect in American Samoa (applied 8 as if American Samoa were the United States 9 and without regard to the application of this 10 section to bona fide residents of Puerto Rico 11 under subsection (i)(1)). 12 ‘‘(B) DISTRIBUTION REQUIREMENT.—Sub- 13 paragraph (A) shall not apply unless American 14 Samoa has a plan, which has been approved by 15 the Secretary, under which American Samoa 16 will promptly distribute such payments to its 17 residents. 18 ‘‘(C) COORDINATION WITH CREDIT AL- 19 LOWED AGAINST UNITED STATES INCOME 20 TAXES.— 21 ‘‘(i) IN GENERAL.—In the case of a 22 taxable year with respect to which a plan 23 is approved under subparagraph (B), this 24 section (other than this subsection) shall 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00497 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 498 •HR 1319 RH not apply to any individual eligible for a 1 distribution under such plan. 2 ‘‘(ii) APPLICATION OF SECTION IN 3 EVENT OF ABSENCE OF APPROVED 4 PLAN.—In the case of a taxable year with 5 respect to which a plan is not approved 6 under subparagraph (B)— 7 ‘‘(I) if such taxable year begins 8 in 2021, subsection (i)(1) shall be ap- 9 plied by substituting ‘bona fide resi- 10 dent of Puerto Rico or American 11 Samoa’ for ‘bona fide resident of 12 Puerto Rico’, and 13 ‘‘(II) if such taxable year begins 14 after December 31, 2021, rules simi- 15 lar to the rules of paragraph (2)(B) 16 shall apply with respect to bona fide 17 residents of American Samoa (within 18 the meaning of section 937(a)). 19 ‘‘(4) TREATMENT OF PAYMENTS.—For pur- 20 poses of section 1324 of title 31, United States 21 Code, the payments under this subsection shall be 22 treated in the same manner as a refund due from 23 a credit provision referred to in subsection (b)(2) of 24 such section.’’. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00498 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 499 •HR 1319 RH (b) EFFECTIVE DATE.—The amendments made by 1 this section shall apply to taxable years beginning after 2 December 31, 2020. 3 PART 3—EARNED INCOME TAX CREDIT 4 SEC. 9621. STRENGTHENING THE EARNED INCOME TAX 5 CREDIT FOR INDIVIDUALS WITH NO QUALI- 6 FYING CHILDREN. 7 (a) SPECIAL RULES FOR 2021.—Section 32 of the 8 Internal Revenue Code of 1986 is amended by adding at 9 the end the following new subsection: 10 ‘‘(n) SPECIAL RULES FOR INDIVIDUALS WITHOUT 11 QUALIFYING CHILDREN.—In the case of any taxable year 12 beginning after December 31, 2020, and before January 13 1, 2022— 14 ‘‘(1) DECREASE IN MINIMUM AGE FOR CRED- 15 IT.— 16 ‘‘(A) IN GENERAL.—Subsection 17 (c)(1)(A)(ii)(II) shall be applied by substituting 18 ‘the applicable minimum age’ for ‘age 25’. 19 ‘‘(B) APPLICABLE MINIMUM AGE.—For 20 purposes of this paragraph, the term ‘applicable 21 minimum age’ means— 22 ‘‘(i) except as otherwise provided in 23 this subparagraph, age 19, 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00499 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 500 •HR 1319 RH ‘‘(ii) in the case of a specified student 1 (other than a qualified former foster youth 2 or a qualified homeless youth), age 24, and 3 ‘‘(iii) in the case of a qualified former 4 foster youth or a qualified homeless youth, 5 age 18. 6 ‘‘(C) SPECIFIED STUDENT.—For purposes 7 of this paragraph, the term ‘specified student’ 8 means, with respect to any taxable year, an in- 9 dividual who is an eligible student (as defined 10 in section 25A(b)(3)) during at least 5 calendar 11 months during the taxable year. 12 ‘‘(D) QUALIFIED FORMER FOSTER 13 YOUTH.—For purposes of this paragraph, the 14 term ‘qualified former foster youth’ means an 15 individual who— 16 ‘‘(i) on or after the date that such in- 17 dividual attained age 14, was in foster care 18 provided under the supervision or adminis- 19 tration of an entity administering (or eligi- 20 ble to administer) a plan under part B or 21 part E of title IV of the Social Security 22 Act (without regard to whether Federal as- 23 sistance was provided with respect to such 24 child under such part E), and 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00500 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 501 •HR 1319 RH ‘‘(ii) provides (in such manner as the 1 Secretary may provide) consent for entities 2 which administer a plan under part B or 3 part E of title IV of the Social Security 4 Act to disclose to the Secretary informa- 5 tion related to the status of such individual 6 as a qualified former foster youth. 7 ‘‘(E) QUALIFIED HOMELESS YOUTH.—For 8 purposes of this paragraph, the term ‘qualified 9 homeless youth’ means, with respect to any tax- 10 able year, an individual who— 11 ‘‘(i) is certified by a local educational 12 agency or a financial aid administrator 13 during such taxable year as being either an 14 unaccompanied youth who is a homeless 15 child or youth, or as unaccompanied, at 16 risk of homelessness, and self-supporting, 17 and 18 ‘‘(ii) provides (in such manner as the 19 Secretary may provide) consent for local 20 educational agencies and financial aid ad- 21 ministrators to disclose to the Secretary in- 22 formation related to the status of such in- 23 dividual as a qualified homeless youth. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00501 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 502 •HR 1319 RH Terms used in this subparagraph which are also 1 used in section 480(d)(1) of the Higher Edu- 2 cation Act of 1965 shall have the same meaning 3 as when used in such section. 4 ‘‘(2) ELIMINATION OF MAXIMUM AGE FOR 5 CREDIT.—Subsection (c)(1)(A)(ii)(II) shall be ap- 6 plied without regard to the phrase ‘but not attained 7 age 65’. 8 ‘‘(3) INCREASE IN CREDIT AND PHASEOUT PER- 9 CENTAGES.—The table contained in subsection 10 (b)(1) shall be applied by substituting ‘15.3’ for 11 ‘7.65’ each place it appears therein. 12 ‘‘(4) INCREASE IN EARNED INCOME AND 13 PHASEOUT AMOUNTS.— 14 ‘‘(A) IN GENERAL.—The table contained in 15 subsection (b)(2)(A) shall be applied— 16 ‘‘(i) by substituting ‘$9,820’ for 17 ‘$4,220’, and 18 ‘‘(ii) by substituting ‘$11,610’ for 19 ‘$5,280’. 20 ‘‘(B) COORDINATION WITH INFLATION AD- 21 JUSTMENT.—Subsection (j) shall not apply to 22 any dollar amount specified in this paragraph.’’. 23 (b) INFORMATION RETURN MATCHING.—As soon as 24 practicable, the Secretary of the Treasury (or the Sec- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00502 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 503 •HR 1319 RH retary’s delegate) shall develop and implement procedures 1 to use information returns under section 6050S (relating 2 to returns relating to higher education tuition and related 3 expenses) to check the status of individuals as specified 4 students for purposes of section 32(n)(1)(B)(ii) of the In- 5 ternal Revenue Code of 1986 (as added by this section). 6 (c) EFFECTIVE DATE.—The amendment made by 7 this section shall apply to taxable years beginning after 8 December 31, 2020. 9 SEC. 9622. TAXPAYER ELIGIBLE FOR CHILDLESS EARNED 10 INCOME CREDIT IN CASE OF QUALIFYING 11 CHILDREN WHO FAIL TO MEET CERTAIN 12 IDENTIFICATION REQUIREMENTS. 13 (a) IN GENERAL.—Section 32(c)(1) of the Internal 14 Revenue Code of 1986 is amended by striking subpara- 15 graph (F). 16 (b) EFFECTIVE DATE.—The amendment made by 17 this section shall apply to taxable years beginning after 18 December 31 2020. 19 SEC. 9623. CREDIT ALLOWED IN CASE OF CERTAIN SEPA- 20 RATED SPOUSES. 21 (a) IN GENERAL.—Section 32(d) of the Internal Rev- 22 enue Code of 1986 is amended— 23 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00503 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 504 •HR 1319 RH (1) by striking ‘‘MARRIED INDIVIDUALS.—In 1 the case of’’ and inserting the following: ‘‘MARRIED 2 INDIVIDUALS.— 3 ‘‘(1) IN GENERAL.—In the case of’’, and 4 (2) by adding at the end the following new 5 paragraph: 6 ‘‘(2) DETERMINATION OF MARITAL STATUS.— 7 For purposes of this section— 8 ‘‘(A) IN GENERAL.—Except as provided in 9 subparagraph (B), marital status shall be deter- 10 mined under section 7703(a). 11 ‘‘(B) SPECIAL RULE FOR SEPARATED 12 SPOUSE.—An individual shall not be treated as 13 married if such individual— 14 ‘‘(i) is married (as determined under 15 section 7703(a)) and does not file a joint 16 return for the taxable year, 17 ‘‘(ii) resides with a qualifying child of 18 the individual for more than one-half of 19 such taxable year, and 20 ‘‘(iii)(I) during the last 6 months of 21 such taxable year, does not have the same 22 principal place of abode as the individual’s 23 spouse, or 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00504 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 505 •HR 1319 RH ‘‘(II) has a decree, instrument, or 1 agreement (other than a decree of divorce) 2 described in section 121(d)(3)(C) with re- 3 spect to the individual’s spouse and is not 4 a member of the same household with the 5 individual’s spouse by the end of the tax- 6 able year.’’. 7 (b) CONFORMING AMENDMENTS.— 8 (1) Section 32(c)(1)(A) of such Code is amend- 9 ed by striking the last sentence. 10 (2) Section 32(c)(1)(E)(ii) of such Code is 11 amended by striking ‘‘(within the meaning of section 12 7703)’’. 13 (3) Section 32(d)(1) of such Code, as amended 14 by subsection (a), is amended by striking ‘‘(within 15 the meaning of section 7703)’’. 16 (c) EFFECTIVE DATE.—The amendments made by 17 this section shall apply to taxable years beginning after 18 December 31, 2020. 19 SEC. 9624. MODIFICATION OF DISQUALIFIED INVESTMENT 20 INCOME TEST. 21 (a) IN GENERAL.—Section 32(i) of the Internal Rev- 22 enue Code of 1986 is amended by striking ‘‘$2,200’’ and 23 inserting ‘‘$10,000’’. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00505 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 506 •HR 1319 RH (b) INFLATION ADJUSTMENT.—Section 32(j)(1) of 1 such Code is amended— 2 (1) in the matter preceding subparagraph (A), 3 by inserting ‘‘(2021 in the case of the dollar amount 4 in subsection (i)(1))’’ after ‘‘2015’’, 5 (2) in subparagraph (B)(i)— 6 (A) by striking ‘‘subsections (b)(2)(A) and 7 (i)(1)’’ and inserting ‘‘subsection (b)(2)(A)’’, 8 and 9 (B) by striking ‘‘and’’ at the end, 10 (3) by striking the period at the end of sub- 11 paragraph (B)(ii) and inserting ‘‘, and’’, and 12 (4) by inserting after subparagraph (B)(ii) the 13 following new clause: 14 ‘‘(iii) in the case of the $10,000 15 amount in subsection (i)(1), ‘calendar year 16 2020’ for ‘calendar year 2016’.’’. 17 (c) EFFECTIVE DATE.—The amendments made by 18 this section shall apply to taxable years beginning after 19 December 31, 2020. 20 SEC. 9625. APPLICATION OF EARNED INCOME TAX CREDIT 21 IN POSSESSIONS OF THE UNITED STATES. 22 (a) IN GENERAL.—Chapter 77 of the Internal Rev- 23 enue Code of 1986 is amended by adding at the end the 24 following new section: 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00506 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 507 •HR 1319 RH ‘‘SEC. 7530. APPLICATION OF EARNED INCOME TAX CREDIT 1 TO POSSESSIONS OF THE UNITED STATES. 2 ‘‘(a) PUERTO RICO.— 3 ‘‘(1) IN GENERAL.—With respect to calendar 4 year 2021 and each calendar year thereafter, the 5 Secretary shall, except as otherwise provided in this 6 subsection, make payments to Puerto Rico equal 7 to— 8 ‘‘(A) the specified matching amount for 9 such calendar year, plus 10 ‘‘(B) in the case of calendar years 2021 11 through 2025, the lesser of— 12 ‘‘(i) the expenditures made by Puerto 13 Rico during such calendar year for edu- 14 cation efforts with respect to individual 15 taxpayers and tax return preparers relat- 16 ing to the earned income tax credit, or 17 ‘‘(ii) $1,000,000. 18 ‘‘(2) REQUIREMENT TO REFORM EARNED IN- 19 COME TAX CREDIT.—The Secretary shall not make 20 any payments under paragraph (1) with respect to 21 any calendar year unless Puerto Rico has in effect 22 an earned income tax credit for taxable years begin- 23 ning in or with such calendar year which (relative to 24 the earned income tax credit which was in effect for 25 taxable years beginning in or with calendar year 26 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00507 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 508 •HR 1319 RH 2019) increases the percentage of earned income 1 which is allowed as a credit for each group of indi- 2 viduals with respect to which such percentage is sep- 3 arately stated or determined in a manner designed 4 to substantially increase workforce participation. 5 ‘‘(3) SPECIFIED MATCHING AMOUNT.—For pur- 6 poses of this subsection— 7 ‘‘(A) IN GENERAL.—The term ‘specified 8 matching amount’ means, with respect to any 9 calendar year, the lesser of— 10 ‘‘(i) the excess (if any) of— 11 ‘‘(I) the cost to Puerto Rico of 12 the earned income tax credit for tax- 13 able years beginning in or with such 14 calendar year, over 15 ‘‘(II) the base amount for such 16 calendar year, or 17 ‘‘(ii) the product of 3, multiplied by 18 the base amount for such calendar year. 19 ‘‘(B) BASE AMOUNT.— 20 ‘‘(i) BASE AMOUNT FOR 2021.—In the 21 case of calendar year 2021, the term ‘base 22 amount’ means the greater of— 23 ‘‘(I) the cost to Puerto Rico of 24 the earned income tax credit for tax- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00508 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 509 •HR 1319 RH able years beginning in or with cal- 1 endar year 2019 (rounded to the 2 nearest multiple of $1,000,000), or 3 ‘‘(II) $200,000,000. 4 ‘‘(ii) INFLATION ADJUSTMENT.—In 5 the case of any calendar year after 2021, 6 the term ‘base amount’ means the dollar 7 amount determined under clause (i) in- 8 creased by an amount equal to— 9 ‘‘(I) such dollar amount, multi- 10 plied by— 11 ‘‘(II) the cost-of-living adjust- 12 ment determined under section 1(f)(3) 13 for such calendar year, determined by 14 substituting ‘calendar year 2020’ for 15 ‘calendar year 2016’ in subparagraph 16 (A)(ii) thereof. 17 Any amount determined under this clause 18 shall be rounded to the nearest multiple of 19 $1,000,000. 20 ‘‘(4) RULES RELATED TO PAYMENTS AND RE- 21 PORTS.— 22 ‘‘(A) TIMING OF PAYMENTS.—The Sec- 23 retary shall make payments under paragraph 24 (1) for any calendar year— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00509 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 510 •HR 1319 RH ‘‘(i) after receipt of the report de- 1 scribed in subparagraph (B) for such cal- 2 endar year, and 3 ‘‘(ii) except as provided in clause (i), 4 within a reasonable period of time before 5 the due date for individual income tax re- 6 turns (as determined under the laws of 7 Puerto Rico) for taxable years which began 8 on the first day of such calendar year. 9 ‘‘(B) ANNUAL REPORTS.—With respect to 10 calendar year 2021 and each calendar year 11 thereafter, Puerto Rico shall provide to the Sec- 12 retary a report which shall include— 13 ‘‘(i) an estimate of the costs described 14 in paragraphs (1)(B)(i) and (3)(A)(i)(I) 15 with respect to such calendar year, and 16 ‘‘(ii) a statement of such costs with 17 respect to the preceding calendar year. 18 ‘‘(C) ADJUSTMENTS.— 19 ‘‘(i) IN GENERAL.—In the event that 20 any estimate of an amount is more or less 21 than the actual amount as later deter- 22 mined and any payment under paragraph 23 (1) was determined on the basis of such 24 estimate, proper payment shall be made 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00510 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 511 •HR 1319 RH by, or to, the Secretary (as the case may 1 be) as soon as practicable after the deter- 2 mination that such estimate was inac- 3 curate. Proper adjustment shall be made in 4 the amount of any subsequent payments 5 made under paragraph (1) to the extent 6 that proper payment is not made under the 7 preceding sentence before such subsequent 8 payments. 9 ‘‘(ii) ADDITIONAL REPORTS.—The 10 Secretary may require such additional peri- 11 odic reports of the information described in 12 subparagraph (B) as the Secretary deter- 13 mines appropriate to facilitate timely ad- 14 justments under clause (i). 15 ‘‘(D) DETERMINATION OF COST OF 16 EARNED INCOME TAX CREDIT.—For purposes 17 of this subsection, the cost to Puerto Rico of 18 the earned income tax credit shall be deter- 19 mined by the Secretary on the basis of the laws 20 of Puerto Rico and shall include reductions in 21 revenues received by Puerto Rico by reason of 22 such credit and refunds attributable to such 23 credit, but shall not include any administrative 24 costs with respect to such credit. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00511 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 512 •HR 1319 RH ‘‘(b) POSSESSIONS WITH MIRROR CODE TAX SYS- 1 TEMS.— 2 ‘‘(1) IN GENERAL.—With respect to calendar 3 year 2021 and each calendar year thereafter, the 4 Secretary shall, except as otherwise provided in this 5 subsection, make payments to the Virgin Islands, 6 Guam, and the Commonwealth of the Northern Mar- 7 iana Islands equal to— 8 ‘‘(A) the cost to such possession of the 9 earned income tax credit for taxable years be- 10 ginning in or with such calendar year, plus 11 ‘‘(B) in the case of calendar years 2021 12 through 2025, the lesser of— 13 ‘‘(i) the expenditures made by such 14 possession during such calendar year for 15 education efforts with respect to individual 16 taxpayers and tax return preparers relat- 17 ing to such earned income tax credit, or 18 ‘‘(ii) $50,000. 19 ‘‘(2) APPLICATION OF CERTAIN RULES.—Rules 20 similar to the rules of subparagraphs (A), (B), (C), 21 and (D) of subsection (a)(4) shall apply for purposes 22 of this subsection. 23 ‘‘(c) AMERICAN SAMOA.— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00512 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 513 •HR 1319 RH ‘‘(1) IN GENERAL.—With respect to calendar 1 year 2021 and each calendar year thereafter, the 2 Secretary shall, except as otherwise provided in this 3 subsection, make payments to American Samoa 4 equal to— 5 ‘‘(A) the lesser of— 6 ‘‘(i) the cost to American Samoa of 7 the earned income tax credit for taxable 8 years beginning in or with such calendar 9 year, or 10 ‘‘(ii) $16,000,000, plus 11 ‘‘(B) in the case of calendar years 2021 12 through 2025, the lesser of— 13 ‘‘(i) the expenditures made by Amer- 14 ican Samoa during such calendar year for 15 education efforts with respect to individual 16 taxpayers and tax return preparers relat- 17 ing to such earned income tax credit, or 18 ‘‘(ii) $50,000. 19 ‘‘(2) REQUIREMENT TO ENACT AND MAINTAIN 20 AN EARNED INCOME TAX CREDIT.—The Secretary 21 shall not make any payments under paragraph (1) 22 with respect to any calendar year unless American 23 Samoa has in effect an earned income tax credit for 24 taxable years beginning in or with such calendar 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00513 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 514 •HR 1319 RH year which allows a refundable tax credit to individ- 1 uals on the basis of the taxpayer’s earned income 2 which is designed to substantially increase workforce 3 participation. 4 ‘‘(3) INFLATION ADJUSTMENT.—In the case of 5 any calendar year after 2021, the $16,000,000 6 amount in paragraph (1)(A)(ii) shall be increased by 7 an amount equal to— 8 ‘‘(A) such dollar amount, multiplied by— 9 ‘‘(B) the cost-of-living adjustment deter- 10 mined under section 1(f)(3) for such calendar 11 year, determined by substituting ‘calendar year 12 2020’ for ‘calendar year 2016’ in subparagraph 13 (A)(ii) thereof. 14 Any increase determined under this clause shall be 15 rounded to the nearest multiple of $100,000. 16 ‘‘(4) APPLICATION OF CERTAIN RULES.—Rules 17 similar to the rules of subparagraphs (A), (B), (C), 18 and (D) of subsection (a)(4) shall apply for purposes 19 of this subsection. 20 ‘‘(d) TREATMENT OF PAYMENTS.—For purposes of 21 section 1324 of title 31, United States Code, the payments 22 under this section shall be treated in the same manner 23 as a refund due from a credit provision referred to in sub- 24 section (b)(2) of such section.’’. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00514 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 515 •HR 1319 RH (b) CLERICAL AMENDMENT.—The table of sections 1 for chapter 77 of the Internal Revenue Code of 1986 is 2 amended by adding at the end the following new item: 3 ‘‘Sec. 7530. Application of earned income tax credit to possessions of the United States.’’. SEC. 9626. TEMPORARY SPECIAL RULE FOR DETERMINING 4 EARNED INCOME FOR PURPOSES OF EARNED 5 INCOME TAX CREDIT. 6 (a) IN GENERAL.—If the earned income of the tax- 7 payer for the taxpayer’s first taxable year beginning in 8 2021 is less than the earned income of the taxpayer for 9 the taxpayer’s first taxable year beginning in 2019, the 10 credit allowed under section 32 of the Internal Revenue 11 Code of 1986 may, at the election of the taxpayer, be de- 12 termined by substituting-— 13 (1) such earned income for the taxpayer’s first 14 taxable year beginning in 2019, for 15 (2) such earned income for the taxpayer’s first 16 taxable year beginning in 2021. 17 (b) EARNED INCOME.— 18 (1) IN GENERAL.—For purposes of this section, 19 the term ‘‘earned income’’ has the meaning given 20 such term under section 32(c) of the Internal Rev- 21 enue Code of 1986. 22 (2) APPLICATION TO JOINT RETURNS.—For 23 purposes of subsection (a), in the case of a joint re- 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00515 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 516 •HR 1319 RH turn, the earned income of the taxpayer for the first 1 taxable year beginning in 2019 shall be the sum of 2 the earned income of each spouse for such taxable 3 year. 4 (c) SPECIAL RULES.— 5 (1) ERRORS TREATED AS MATHEMATICAL ER- 6 RORS.—For purposes of section 6213 of the Internal 7 Revenue Code of 1986, an incorrect use on a return 8 of earned income pursuant to subsection (a) shall be 9 treated as a mathematical or clerical error. 10 (2) NO EFFECT ON DETERMINATION OF GROSS 11 INCOME, ETC.—Except as otherwise provided in this 12 subsection, the Internal Revenue Code of 1986 shall 13 be applied without regard to any substitution under 14 subsection (a). 15 (d) TREATMENT OF CERTAIN POSSESSIONS.— 16 (1) PAYMENTS TO POSSESSIONS WITH MIRROR 17 CODE TAX SYSTEMS.—The Secretary of the Treas- 18 ury shall pay to each possession of the United States 19 which has a mirror code tax system amounts equal 20 to the loss (if any) to that possession by reason of 21 the application of the provisions of this section 22 (other than this subsection) with respect to section 23 32 of the Internal Revenue Code of 1986. Such 24 amounts shall be determined by the Secretary of the 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00516 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 517 •HR 1319 RH Treasury based on information provided by the gov- 1 ernment of the respective possession. 2 (2) PAYMENTS TO OTHER POSSESSIONS.—The 3 Secretary of the Treasury shall pay to each posses- 4 sion of the United States which does not have a mir- 5 ror code tax system amounts estimated by the Sec- 6 retary of the Treasury as being equal to the aggre- 7 gate benefits (if any) that would have been provided 8 to residents of such possession by reason of the pro- 9 visions of this section (other than this subsection) 10 with respect to section 32 of the Internal Revenue 11 Code of 1986 if a mirror code tax system had been 12 in effect in such possession. The preceding sentence 13 shall not apply unless the respective possession has 14 a plan, which has been approved by the Secretary of 15 the Treasury, under which such possession will 16 promptly distribute such payments to its residents. 17 (3) MIRROR CODE TAX SYSTEM.—For purposes 18 of this section, the term ‘‘mirror code tax system’’ 19 means, with respect to any possession of the United 20 States, the income tax system of such possession if 21 the income tax liability of the residents of such pos- 22 session under such system is determined by ref- 23 erence to the income tax laws of the United States 24 as if such possession were the United States. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00517 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 518 •HR 1319 RH (4) TREATMENT OF PAYMENTS.—For purposes 1 of section 1324 of title 31, United States Code, the 2 payments under this section shall be treated in the 3 same manner as a refund due from a credit provi- 4 sion referred to in subsection (b)(2) of such section. 5 PART 4—DEPENDENT CARE ASSISTANCE 6 SEC. 9631. REFUNDABILITY AND ENHANCEMENT OF CHILD 7 AND DEPENDENT CARE TAX CREDIT. 8 (a) IN GENERAL.—Section 21 of the Internal Rev- 9 enue Code of 1986 is amended by adding at the end the 10 following new subsection: 11 ‘‘(g) SPECIAL RULES FOR 2021.—In the case of any 12 taxable year beginning after December 31, 2020, and be- 13 fore January 1, 2022— 14 ‘‘(1) CREDIT MADE REFUNDABLE.—If the tax- 15 payer (in the case of a joint return, either spouse) 16 has a principal place of abode in the United States 17 (determined as provided in section 32) for more than 18 one-half of the taxable year, the credit allowed under 19 subsection (a) shall be treated as a credit allowed 20 under subpart C (and not allowed under this sub- 21 part). 22 ‘‘(2) INCREASE IN DOLLAR LIMIT ON AMOUNT 23 CREDITABLE.—Subsection (c) shall be applied— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00518 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 519 •HR 1319 RH ‘‘(A) by substituting ‘$8,000’ for ‘$3,000’ 1 in paragraph (1) thereof, and 2 ‘‘(B) by substituting ‘$16,000’ for ‘$6,000’ 3 in paragraph (2) thereof. 4 ‘‘(3) INCREASE IN APPLICABLE PERCENTAGE.— 5 Subsection (a)(2) shall be applied— 6 ‘‘(A) by substituting ‘50 percent’ for ‘35 7 percent ’, and 8 ‘‘(B) by substituting ‘$125,000’ for 9 ‘$15,000’. 10 ‘‘(4) APPLICATION OF PHASEOUT TO HIGH IN- 11 COME INDIVIDUALS.— 12 ‘‘(A) IN GENERAL.—Subsection (a)(2) 13 shall be applied by substituting ‘the phaseout 14 percentage’ for ‘20 percent’. 15 ‘‘(B) PHASEOUT PERCENTAGE.—The term 16 ‘phaseout percentage’ means 20 percent re- 17 duced (but not below zero) by 1 percentage 18 point for each $2,000 (or fraction thereof) by 19 which the taxpayer’s adjusted gross income for 20 the taxable year exceeds $400,000.’’. 21 (b) APPLICATION OF CREDIT IN POSSESSIONS.—Sec- 22 tion 21 of such Code, as amended by subsection (a), is 23 amended by adding at the end the following new sub- 24 section: 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00519 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 520 •HR 1319 RH ‘‘(h) APPLICATION OF CREDIT IN POSSESSIONS.— 1 ‘‘(1) PAYMENT TO POSSESSIONS WITH MIRROR 2 CODE TAX SYSTEMS.—The Secretary shall pay to 3 each possession of the United States with a mirror 4 code tax system amounts equal to the loss (if any) 5 to that possession by reason of the application of 6 this section (determined without regard to this sub- 7 section) with respect to taxable years beginning in or 8 with 2021. Such amounts shall be determined by the 9 Secretary based on information provided by the gov- 10 ernment of the respective possession. 11 ‘‘(2) PAYMENTS TO OTHER POSSESSIONS.—The 12 Secretary shall pay to each possession of the United 13 States which does not have a mirror code tax system 14 amounts estimated by the Secretary as being equal 15 to the aggregate benefits that would have been pro- 16 vided to residents of such possession by reason of 17 this section with respect to taxable years beginning 18 in or with 2021 if a mirror code tax system had 19 been in effect in such possession. The preceding sen- 20 tence shall not apply unless the respective possession 21 has a plan, which has been approved by the Sec- 22 retary, under which such possession will promptly 23 distribute such payments to its residents. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00520 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 521 •HR 1319 RH ‘‘(3) COORDINATION WITH CREDIT ALLOWED 1 AGAINST UNITED STATES INCOME TAXES.—In the 2 case of any taxable year beginning in or with 2021, 3 no credit shall be allowed under this section to any 4 individual— 5 ‘‘(A) to whom a credit is allowable against 6 taxes imposed by a possession with a mirror 7 code tax system by reason of this section, or 8 ‘‘(B) who is eligible for a payment under 9 a plan described in paragraph (2). 10 ‘‘(4) MIRROR CODE TAX SYSTEM.—For pur- 11 poses of this subsection, the term ‘mirror code tax 12 system’ means, with respect to any possession of the 13 United States, the income tax system of such posses- 14 sion if the income tax liability of the residents of 15 such possession under such system is determined by 16 reference to the income tax laws of the United 17 States as if such possession were the United States. 18 ‘‘(5) TREATMENT OF PAYMENTS.—For pur- 19 poses of section 1324 of title 31, United States 20 Code, the payments under this subsection shall be 21 treated in the same manner as a refund due from 22 a credit provision referred to in subsection (b)(2) of 23 such section.’’. 24 (c) CONFORMING AMENDMENTS.— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00521 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 522 •HR 1319 RH (1) Section 6211(b)(4)(A) of such Code, as 1 amended by the preceding provisions of this Act, is 2 amended by inserting ‘‘21 by reason of subsection 3 (g) thereof,’’ before ‘‘24’’. 4 (2) Section 1324(b)(2) of title 31, United 5 States Code (as amended by the preceding provi- 6 sions of this title), is amended by inserting ‘‘21,’’ be- 7 fore ‘‘24’’. 8 (d) EFFECTIVE DATE.—The amendments made by 9 this section shall apply to taxable years beginning after 10 December 31, 2020. 11 SEC. 9632. INCREASE IN EXCLUSION FOR EMPLOYER-PRO- 12 VIDED DEPENDENT CARE ASSISTANCE. 13 (a) IN GENERAL.—Section 129(a)(2) of the Internal 14 Revenue Code of 1986 is amended by adding at the end 15 the following new subparagraph: 16 ‘‘(D) SPECIAL RULE FOR 2021.—In the 17 case of any taxable year beginning after Decem- 18 ber 31, 2020, and before January 1, 2022, sub- 19 paragraph (A) shall be applied be substituting 20 ‘$10,500 (half such dollar amount’ for ‘$5,000 21 ($2,500’.’’. 22 (b) EFFECTIVE DATE.—The amendment made by 23 this section shall apply to taxable years beginning after 24 December 31, 2020. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00522 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 523 •HR 1319 RH (c) RETROACTIVE PLAN AMENDMENTS.—A plan that 1 otherwise satisfies all applicable requirements of sections 2 125 and 129 of the Internal Revenue Code of 1986 (in- 3 cluding any rules or regulations thereunder) shall not fail 4 to be treated as a cafeteria plan or dependent care assist- 5 ance program merely because such plan is amended pursu- 6 ant to a provision under this section and such amendment 7 is retroactive, if— 8 (1) such amendment is adopted no later than 9 the last day of the plan year in which the amend- 10 ment is effective, and 11 (2) the plan is operated consistent with the 12 terms of such amendment during the period begin- 13 ning on the effective date of the amendment and 14 ending on the date the amendment is adopted. 15 PART 5—CREDITS FOR PAID SICK AND FAMILY 16 LEAVE 17 SEC. 9641. EXTENSION OF CREDITS. 18 (a) IN GENERAL.—The following provisions of the 19 Families First Coronavirus Response Act are each amend- 20 ed by striking ‘‘March 31, 2021’’ and inserting ‘‘Sep- 21 tember 30, 2021’’: 22 (1) Section 7001(c)(2)(A). 23 (2) Section 7001(g). 24 (3) Section 7002(b)(2)(B)(i). 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00523 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 524 •HR 1319 RH (4) Section 7002(e). 1 (5) Section 7003(c)(2)(A). 2 (6) Section 7003(g). 3 (7) Section 7004(b)(2)(B)(i). 4 (8) Section 7004(e). 5 (b) CONFORMING AMENDMENT.—Section 7005(a) of 6 such Act is amended by striking ‘‘April 1, 2021’’ and in- 7 serting ‘‘October 1, 2021’’. 8 SEC. 9642. INCREASE IN LIMITATIONS ON CREDITS FOR 9 PAID FAMILY LEAVE. 10 (a) INCREASE IN OVERALL LIMITATION ON QUALI- 11 FIED FAMILY LEAVE WAGES.— 12 (1) IN GENERAL.—Section 7003(b)(1)(B) of 13 the Families First Coronavirus Response Act is 14 amended by striking ‘‘$10,000’’ and inserting 15 ‘‘$12,000’’. 16 (2) CONFORMING AMENDMENT.—Section 17 7004(d)(3) of such Act is amended by striking 18 ‘‘$10,000’’ and inserting ‘‘$12,000’’. 19 (b) INCREASE IN QUALIFIED FAMILY LEAVE EQUIV- 20 ALENT AMOUNT FOR SELF-EMPLOYED INDIVIDUALS.— 21 Section 7004(c)(1)(A) of such Act is amended by striking 22 ‘‘50’’ and inserting ‘‘60’’. 23 (c) COORDINATION WITH DEFINITION OF QUALIFIED 24 FAMILY LEAVE WAGES.—Section 7003(c)(2)(A) of such 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00524 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 525 •HR 1319 RH Act, as amended by the preceding provisions of this part, 1 is amended to read as follows: 2 ‘‘(A) which would be so required to be paid 3 if— 4 ‘‘(i) section 102(a)(1)(F) of the Fam- 5 ily and Medical Leave Act of 1993 were 6 applied by substituting ‘September 30, 7 2021’ for ‘December 31, 2020’, and 8 ‘‘(ii) section 110(b)(2)(B)(ii) of such 9 Act were applied by substituting ‘$12,000’ 10 for ‘$10,000’, and’’. 11 SEC. 9643. EXPANSION OF LEAVE TO WHICH PAID FAMILY 12 LEAVE CREDITS APPLIES. 13 (a) IN GENERAL.—Section 7003(c)(2)(A) of the 14 Families First Coronavirus Response Act, as amended by 15 the preceding provisions of this part, is amended by strik- 16 ing ‘‘and’’ at the end of clause (i), by redesignating clause 17 (ii) as clause (iii), and by inserting after clause (i) the 18 following new clause: 19 ‘‘(ii) section 110(a)(2)(A) of such Act 20 were applied by inserting ‘or any reason 21 for leave described in section 5102(a) of 22 the Families First Coronavirus Response 23 Act’ after ‘public health emergency’, and’’. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00525 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 526 •HR 1319 RH (b) APPLICATION TO CREDIT FOR PAID FAMILY 1 LEAVE FOR SELF-EMPLOYED INDIVIDUALS.—Section 2 7004(b)(2)(B) of such Act is amended by striking ‘‘and’’ 3 at the end of clause (i), by redesignating clause (ii) as 4 clause (iii), and by inserting after clause (i) the following 5 new clause: 6 ‘‘(ii) section 110(a)(2)(A) of such Act 7 were applied by inserting ‘or any reason 8 for leave described in section 5102(a) of 9 the Families First Coronavirus Response 10 Act’ after ‘public health emergency’, and’’. 11 SEC. 9644. PAID LEAVE CREDITS ALLOWED FOR LEAVE FOR 12 COVID-VACCINATION. 13 (a) PAID SICK LEAVE CREDIT.—Section 14 7001(c)(2)(A) of the Families First Coronavirus Response 15 Act is amended by striking ‘‘and’’ at the end of clause 16 (i), by redesignating clause (ii) as clause (iii), and by in- 17 serting after clause (i) the following new clause: 18 ‘‘(ii) by inserting ‘or the employee is 19 obtaining immunization related to COVID– 20 19 or recovering from any injury, dis- 21 ability, illness, or condition related to such 22 immunization’ after ‘medical diagnosis’ in 23 section 5102(a)(3), and’’. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00526 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 527 •HR 1319 RH (b) PAID SICK LEAVE CREDIT FOR SELF-EMPLOYED 1 INDIVIDUALS.—Section 7002(b)(2)(B)(i) of such Act, as 2 amended by the preceding provisions of this part, is 3 amended to read as follows: 4 ‘‘(i) such Act were applied— 5 ‘‘(I) by substituting ‘September 6 30, 2021’ for ‘December 31, 2020’ in 7 section 5109 thereof, and 8 ‘‘(II) by inserting ‘or the em- 9 ployee is obtaining immunization re- 10 lated to COVID–19 or recovering 11 from any injury, disability, illness, or 12 condition related to such immuniza- 13 tion’ after ‘medical diagnosis’ in sec- 14 tion 5102(a)(3), and’’. 15 (c) PAID FAMILY LEAVE CREDIT.—Section 16 7003(c)(2)(A)(ii) of such Act, as amended by the pre- 17 ceding provisions of this part, is amended by inserting ‘‘or 18 to obtain immunization related to COVID–19 or to recover 19 from any injury, disability, illness, or condition related to 20 such immunization’’ after ‘‘section 5102(a) of the Fami- 21 lies First Coronavirus Response Act’’. 22 (d) PAID FAMILY LEAVE CREDIT FOR SELF-EM- 23 PLOYED INDIVIDUALS.—Section 7004(b)(2)(B)(ii) of such 24 Act, as amended by the preceding provisions of this part, 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00527 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 528 •HR 1319 RH is amended by inserting ‘‘or to obtain immunization re- 1 lated to COVID–19 or to recover from any injury, dis- 2 ability, illness, or condition related to such immunization’’ 3 after ‘‘section 5102(a) of the Families First Coronavirus 4 Response Act’’. 5 SEC. 9645. APPLICATION OF NON-DISCRIMINATION RULES. 6 (a) PAID SICK LEAVE CREDIT.—Section 7001 of the 7 Families First and Coronavirus Response Act is amended 8 by adding at the end the following new subsection: 9 ‘‘(j) NON-DISCRIMINATION REQUIREMENT.—No 10 credit shall be allowed under this section to any employer 11 for any calendar quarter if such employer, with respect 12 to the availability of the provision of qualified sick leave 13 wages to which this section otherwise applies for such cal- 14 endar quarter, discriminates in favor of highly com- 15 pensated employees (within the meaning of section 414(q) 16 of the Internal Revenue Code of 1986), full-time employ- 17 ees, or employees on the basis of employment tenure with 18 such employer.’’. 19 (b) PAID FAMILY LEAVE CREDIT.—Section 7003 of 20 such Act is amended by adding at the end the following 21 new subsection: 22 ‘‘(j) NON-DISCRIMINATION REQUIREMENT.—No 23 credit shall be allowed under this section to any employer 24 for any calendar quarter if such employer, with respect 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00528 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 529 •HR 1319 RH to the availability of the provision of qualified family leave 1 wages to which this section otherwise applies for such cal- 2 endar quarter, discriminates in favor of highly com- 3 pensated employees (within the meaning of section 414(q) 4 of the Internal Revenue Code of 1986), full-time employ- 5 ees, or employees on the basis of employment tenure with 6 such employer.’’. 7 SEC. 9646. RESET OF LIMITATION ON PAID SICK LEAVE. 8 (a) IN GENERAL.—Section 7001(b)(2) of the Fami- 9 lies First Coronavirus Response Act is amended to read 10 as follows: 11 ‘‘(2) OVERALL LIMITATION ON NUMBER OF 12 DAYS TAKEN INTO ACCOUNT.— 13 ‘‘(A) LIMITATION APPLICABLE AFTER THE 14 FIRST QUARTER OF 2021.—In the case of cal- 15 endar quarters beginning after March 31, 2021, 16 in any calendar year, the aggregate number of 17 days taken into account under paragraph (1) 18 shall not exceed the excess (if any) of— 19 ‘‘(i) 10, over 20 ‘‘(ii) the aggregate number of days so 21 taken into account during preceding cal- 22 endar quarters in such calendar year 23 (other than the first quarter of calendar 24 year 2021). 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00529 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 530 •HR 1319 RH ‘‘(B) LIMITATION APPLICABLE BEFORE 1 THE SECOND QUARTER OF 2021.—In the case of 2 calendar quarters beginning before April 1, 3 2021, the aggregate number of days taken into 4 account under paragraph (1) for any calendar 5 quarter shall not exceed the excess (if any) of— 6 ‘‘(i) 10, over 7 ‘‘(ii) the aggregate number of days so 8 taken into account for all preceding cal- 9 endar quarters.’’. 10 (b) COORDINATION WITH MANDATE PROVISIONS.— 11 Section 7001(c)(2)(A) of such Act, as amended by the pre- 12 ceding provisions of this part, is amended by striking 13 ‘‘and’’ at the end of clause (ii), by redesignating clause 14 (iii) as clause (iv), and by inserting after clause (ii) the 15 following new clause: 16 ‘‘(iii) by applying section 5102(b)(1) 17 of such Act separately with respect to the 18 period before April 1, 2021, and to each 19 calendar year after 2020 (and, in the case 20 of calendar year 2021, without regard to 21 the first quarter thereof), and’’. 22 (c) APPLICATION TO SICK LEAVE CREDIT FOR THE 23 SELF-EMPLOYED.— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00530 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 531 •HR 1319 RH (1) IN GENERAL.—Section 7002(c) of such Act 1 is amended— 2 (A) by striking ‘‘(but not more than the 3 applicable number of days)’’ in paragraph 4 (1)(A) and inserting ‘‘(but not more than 10)’’, 5 and 6 (B) by striking paragraph (3) and redesig- 7 nating paragraph (4) as paragraph (3). 8 (2) COORDINATION WITH MANDATE PROVI- 9 SIONS.—Section 7002(b)(2)(B)(i) of such Act, as 10 amended by the preceding provisions of this part, is 11 amended by striking ‘‘and’’ at the end of subclause 12 (I), by striking ‘‘and’’ at the end of subclause (II), 13 and by adding at the end the following new sub- 14 clauses: 15 ‘‘(III) by applying section 16 5102(b)(1) of such Act separately 17 with respect to each taxable year, and 18 ‘‘(IV) without regard to section 19 5102(b)(3) thereof, and’’. 20 SEC. 9647. CREDITS ALLOWED AGAINST EMPLOYER HOS- 21 PITAL INSURANCE TAX. 22 (a) IN GENERAL.—The following provisions of the 23 Families First Coronavirus Response Act are each amend- 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00531 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 532 •HR 1319 RH ed by striking ‘‘section 3111(a)’’ and inserting ‘‘section 1 3111(b)’’: 2 (1) Section 7001(a). 3 (2) Section 7001(b)(3). 4 (3) The section 7001(e)(4) which relates to ref- 5 erences to railroad retirement tax. 6 (4) Section 7001(i). 7 (5) Section 7003(a). 8 (6) Section 7003(b)(2). 9 (7) The section 7003(e)(4) which relates to ref- 10 erences to railroad retirement tax. 11 (8) Section 7003(i). 12 (b) CONFORMING AMENDMENTS.— 13 (1) Section 7001(b)(3) of such Act is amended 14 by striking ‘‘(reduced by any credits allowed under 15 subsections (e) and (f) of section 3111 of such Code, 16 and section 303(d) of the Taxpayer Certainty and 17 Disaster Tax Relief Act of 2020, for such quarter)’’. 18 (2) Section 7001 of such Act is amended by 19 striking subsection (h). 20 (3) Section 7003(b)(2) of such Act is amended 21 by striking ‘‘(reduced by any credits allowed under 22 subsections (e) and (f) of section 3111 of such Code, 23 section 7001 of this Act, and section 303(d) of the 24 Taxpayer Certainty and Disaster Tax Relief Act of 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00532 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 533 •HR 1319 RH 2020, for such quarter)’’ and inserting ‘‘(reduced by 1 any credits allowed under section 7001 of this Act)’’. 2 (4) Section 7003 of such Act is amended by 3 striking subsection (h). 4 (5) Section 7005(a) of such Act is amended by 5 striking ‘‘section 3111(a)’’ both places it appears 6 and inserting ‘‘section 3111(b)’’. 7 (6) Section 7005 of such Act is amended by 8 striking subsection (c). 9 SEC. 9648. APPLICATION OF CREDITS TO CERTAIN GOVERN- 10 MENTAL EMPLOYERS. 11 (a) CREDIT FOR PAID SICK LEAVE.—Section 12 7001(e) of the Families First Coronavirus Response Act 13 is amended— 14 (1) by striking the paragraph (4) which relates 15 to certain governmental employers, and 16 (2) by adding at the end the following new 17 paragraph: 18 ‘‘(5) CERTAIN GOVERNMENTAL EMPLOYERS.— 19 No credit shall be allowed under this section to the 20 Government of the United States or to any agency 21 or instrumentality thereof. The preceding sentence 22 shall not apply to any organization described in sec- 23 tion 501(c)(1) of the Internal Revenue Code of 1986 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00533 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 534 •HR 1319 RH and exempt from tax under section 501(a) of such 1 Code.’’. 2 (b) CREDIT FOR PAID FAMILY LEAVE.—Section 3 7003(e) of such Act is amended— 4 (1) by striking the paragraph (4) which relates 5 to certain governmental employers, and 6 (2) by adding at the end the following new 7 paragraph: 8 ‘‘(5) CERTAIN GOVERNMENTAL EMPLOYERS.— 9 No credit shall be allowed under this section to the 10 Government of the United States or to any agency 11 or instrumentality thereof. The preceding sentence 12 shall not apply to any organization described in sec- 13 tion 501(c)(1) of the Internal Revenue Code of 1986 14 and exempt from tax under section 501(a) of such 15 Code.’’. 16 SEC. 9649. GROSS UP OF CREDIT IN LIEU OF EXCLUSION 17 FROM TAX. 18 (a) IN GENERAL.—Section 7005 of the Families 19 First Coronavirus Response Act (as amended by the pre- 20 ceding provisions of this part) is amended— 21 (1) by amending subsection (a) to read as fol- 22 lows: 23 ‘‘(a) IN GENERAL.—The credit allowed by section 24 7001 and the credit allowed by section 7003 shall each 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00534 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 535 •HR 1319 RH be increased by the amount of the taxes imposed by sub- 1 sections (a) and (b) of section 3111 and section 3221(a) 2 of the Internal Revenue Code of 1986 on qualified sick 3 leave wages, or qualified family leave wages, for which 4 credit is allowed under such section 7001 or 7003 (respec- 5 tively).’’, 6 (2) by striking so much of subsection (b) as 7 precedes paragraph (2) thereof, 8 (3) by redesignating such paragraph (2) as sub- 9 section (b) and adjusting the indentation thereof ac- 10 cordingly, and 11 (4) by striking ‘‘paragraph (1)’’ in such sub- 12 section (b) (as so redesignated) and inserting ‘‘sub- 13 section (a)’’. 14 (b) COORDINATION WITH DEFINITION OF QUALI- 15 FIED WAGES.— 16 (1) Section 7001(c) of such Act is amended— 17 (A) by striking ‘‘and section 7005(a) of 18 this Act,’’, and 19 (B) by striking ‘‘and without regard to sec- 20 tion 7005(a) of this Act)’’. 21 (2) Section 7003(c) of such Act is amended by 22 striking ‘‘wages (as defined’’ and all that follows 23 through ‘‘paid by an employer’’ and inserting 24 ‘‘wages (as defined in section 3121(a) of the Inter- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00535 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 536 •HR 1319 RH nal Revenue Code of 1986, determined without re- 1 gard to paragraphs (1) through (22) of section 2 3121(b) of such Code) and compensation (as defined 3 in section 3231(e) of the Internal Revenue Code, de- 4 termined without regard to the sentence in para- 5 graph (1) thereof which begins ‘Such term does not 6 include remuneration’) paid by an employer’’. 7 SEC. 9650. EFFECTIVE DATE. 8 (a) IN GENERAL.—Except as otherwise provided in 9 this section, the amendments made by this part shall apply 10 to amounts paid with respect to calendar quarters begin- 11 ning after March 31, 2021. 12 (b) APPLICATION TO SELF-EMPLOYMENT TAX CRED- 13 ITS.—The amendments made by this part to any provision 14 of section 7002 or 7004 of the Families First Coronavirus 15 Response Act shall apply to taxable years beginning after 16 December 31, 2020. 17 PART 6—EMPLOYEE RETENTION CREDIT 18 SEC. 9651. EXTENSION OF EMPLOYEE RETENTION CREDIT. 19 (a) IN GENERAL.—Section 2301(m) of the CARES 20 Act is amended by striking ‘‘July 1, 2021’’ and inserting 21 ‘‘January 1, 2022’’. 22 (b) CREDIT ALLOWED AGAINST EMPLOYER HOS- 23 PITAL INSURANCE TAX.— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00536 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 537 •HR 1319 RH (1) IN GENERAL.—Subparagraphs (A) and (B) 1 of section 2301(c)(1) of such Act are each amended 2 by striking ‘‘section 3111(a)’’ and inserting ‘‘section 3 3111(b)’’. 4 (2) CONFORMING AMENDMENTS.—Section 5 2301(b)(2) of such Act is amended— 6 (A) by striking ‘‘subsections (e) and (f) of 7 section 3111 of the Internal Revenue Code of 8 1986,’’, and 9 (B) by striking ‘‘, and section 303(d) of 10 the Taxpayer Certainty and Disaster Tax Relief 11 Act of 2020’’. 12 (c) EFFECTIVE DATE.—The amendments made by 13 this section shall apply to calendar quarters beginning 14 after June 30, 2021. 15 PART 7—PREMIUM TAX CREDIT 16 SEC. 9661. IMPROVING AFFORDABILITY BY EXPANDING 17 PREMIUM ASSISTANCE FOR CONSUMERS. 18 (a) IN GENERAL.—Section 36B(b)(3)(A) of the In- 19 ternal Revenue Code of 1986 is amended by adding at the 20 end the following new clause: 21 ‘‘(iii) TEMPORARY PERCENTAGES FOR 22 2021 AND 2022.—In the case of a taxable 23 year beginning in 2021 or 2022— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00537 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 538 •HR 1319 RH ‘‘(I) clause (ii) shall not apply for 1 purposes of adjusting premium per- 2 centages under this subparagraph, 3 and 4 ‘‘(II) the following table shall be 5 applied in lieu of the table contained 6 in clause (i): 7 ‘‘In the case of household income (expressed as a percent of poverty line) within the following income tier: The initial premium percentage is— The final premium percentage is— Up to 150.0 percent ................................... 0.0 0.0 150.0 percent up to 200.0 percent ............. 0.0 2.0 200.0 percent up to 250.0 percent ............. 2.0 4.0 250.0 percent up to 300.0 percent ............. 4.0 6.0 300.0 percent up to 400.0 percent ............. 6.0 8.5 400.0 percent and higher ........................... 8.5 8.5’’. (b) CONFORMING AMENDMENT.—Section 36B(c)(1) 8 of the Internal Revenue Code of 1986 is amended by add- 9 ing at the end the following new subparagraph: 10 ‘‘(E) TEMPORARY RULE FOR 2021 AND 11 2022.—In the case of a taxable year beginning 12 in 2021 or 2022, subparagraph (A) shall be ap- 13 plied without regard to ‘but does not exceed 14 400 percent’.’’. 15 (c) EFFECTIVE DATE.—The amendments made by 16 this section shall apply to taxable years beginning after 17 December 31, 2020. 18 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00538 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 539 •HR 1319 RH SEC. 9662. TEMPORARY MODIFICATION OF LIMITATIONS 1 ON RECONCILIATION OF TAX CREDITS FOR 2 COVERAGE UNDER A QUALIFIED HEALTH 3 PLAN WITH ADVANCE PAYMENTS OF SUCH 4 CREDIT. 5 (a) IN GENERAL.—Section 36B(f)(2)(B) of the Inter- 6 nal Revenue Code of 1986 is amended by adding at the 7 end the following new clause: 8 ‘‘(iii) TEMPORARY MODIFICATION OF 9 LIMITATION ON INCREASE.—In the case of 10 any taxable year beginning in 2020, for 11 any taxpayer who files for such taxable 12 year an income tax return reconciling any 13 advance payment of the credit under this 14 section, the Secretary shall treat subpara- 15 graph (A) as not applying.’’. 16 (b) EFFECTIVE DATE.—The amendment made by 17 this section shall apply to taxable years beginning after 18 December 31, 2019. 19 SEC. 9663. APPLICATION OF PREMIUM TAX CREDIT IN CASE 20 OF INDIVIDUALS RECEIVING UNEMPLOY- 21 MENT COMPENSATION DURING 2021. 22 (a) IN GENERAL.—Section 36B of the Internal Rev- 23 enue Code of 1986 is amended by redesignating subsection 24 (g) as subsection (h) and by inserting after subsection (f) 25 the following new subsection: 26 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00539 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 540 •HR 1319 RH ‘‘(g) SPECIAL RULE FOR INDIVIDUALS WHO RE- 1 CEIVE UNEMPLOYMENT COMPENSATION DURING 2021.— 2 ‘‘(1) IN GENERAL.—For purposes of this sec- 3 tion, in the case of a taxpayer who has received, or 4 has been approved to receive, unemployment com- 5 pensation for any week beginning during 2021, for 6 the taxable year in which such week begins— 7 ‘‘(A) such taxpayer shall be treated as an 8 applicable taxpayer, and 9 ‘‘(B) there shall not be taken into account 10 any household income of the taxpayer in excess 11 of 133 percent of the poverty line for a family 12 of the size involved. 13 ‘‘(2) UNEMPLOYMENT COMPENSATION.—For 14 purposes of this subsection, the term ‘unemployment 15 compensation’ has the meaning given such term in 16 section 85(b). 17 ‘‘(3) EVIDENCE OF UNEMPLOYMENT COM- 18 PENSATION.—For purposes of this subsection, a tax- 19 payer shall not be treated as having received (or 20 been approved to receive) unemployment compensa- 21 tion for any week unless such taxpayer provides self- 22 attestation of, and such documentation as the Sec- 23 retary shall prescribe which demonstrates, such re- 24 ceipt or approval. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00540 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 541 •HR 1319 RH ‘‘(4) CLARIFICATION OF RULES REMAINING AP- 1 PLICABLE.— 2 ‘‘(A) JOINT RETURN REQUIREMENT.— 3 Paragraph (1)(A) shall not affect the applica- 4 tion of subsection (c)(1)(C). 5 ‘‘(B) HOUSEHOLD INCOME AND 6 AFFORDABILLITY.—Paragraph (1)(B) shall not 7 apply to any determination of household income 8 for purposes of paragraph (2)(C)(i)(II) or 9 (4)(C)(ii) of subsection (c)’’. 10 (b) EFFECTIVE DATE.—The amendments made by 11 this section shall apply to taxable years beginning after 12 December 31, 2020. 13 PART 8—MISCELLANEOUS PROVISIONS 14 SEC. 9671. REPEAL OF ELECTION TO ALLOCATE INTEREST, 15 ETC. ON WORLDWIDE BASIS. 16 (a) IN GENERAL.—Section 864 of the Internal Rev- 17 enue Code of 1986 is amended by striking subsection (f). 18 (b) EFFECTIVE DATE.—The amendment made by 19 this section shall apply to taxable years beginning after 20 December 31, 2020. 21 SEC. 9672. TAX TREATMENT OF TARGETED EIDL ADVANCES. 22 For purposes of the Internal Revenue Code of 23 1986— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00541 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 542 •HR 1319 RH (1) amounts received from the Administrator of 1 the Small Business Administration in the form of a 2 Targeted EIDL Advance shall not be included in the 3 gross income of the person that receives such 4 amounts, 5 (2) no deduction shall be denied, no tax at- 6 tribute shall be reduced, and no basis increase shall 7 be denied, by reason of the exclusion from gross in- 8 come provided by paragraph (1), and 9 (3) in the case of a partnership or S corpora- 10 tion that receives such amounts— 11 (A) any amount excluded from income by 12 reason of paragraph (1) shall be treated as tax 13 exempt income for purposes of sections 705 and 14 1366 of the Internal Revenue Code of 1986, 15 and 16 (B) the Secretary of the Treasury (or the 17 Secretary’s delegate) shall prescribe rules for 18 determining a partner’s distributive share of 19 any amount described in subparagraph (A) for 20 purposes of section 705 of the Internal Revenue 21 Code of 1986. 22 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00542 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 543 •HR 1319 RH SEC. 9673. TAX TREATMENT OF RESTAURANT REVITALIZA- 1 TION GRANTS. 2 For purposes of the Internal Revenue Code of 3 1986— 4 (1) amounts received from the Administrator of 5 the Small Business Administration in the form of a 6 Restaurant Revitalization Grant shall not be in- 7 cluded in the gross income of the person that re- 8 ceives such amounts, 9 (2) no deduction shall be denied, no tax at- 10 tribute shall be reduced, and no basis increase shall 11 be denied, by reason of the exclusion from gross in- 12 come provided by paragraph (1), and 13 (3) in the case of a partnership or S corpora- 14 tion that receives such amounts— 15 (A) except as otherwise provided by the 16 Secretary of the Treasury (or the Secretary’s 17 delegate), any amount excluded from income by 18 reason of paragraph (1) shall be treated as tax 19 exempt income for purposes of sections 705 and 20 1366 of the Internal Revenue Code of 1986, 21 and 22 (B) the Secretary of the Treasury (or the 23 Secretary’s delegate) shall prescribe rules for 24 determining a partner’s distributive share of 25 any amount described in subparagraph (A) for 26 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00543 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 544 •HR 1319 RH purposes of section 705 of the Internal Revenue 1 Code of 1986. 2 Subtitle H—Pensions 3 SEC. 9700. SHORT TITLE. 4 This subtitle may be cited as the ‘‘Butch Lewis 5 Emergency Pension Plan Relief Act of 2021’’. 6 SEC. 9701. TEMPORARY DELAY OF DESIGNATION OF MULTI- 7 EMPLOYER PLANS AS IN ENDANGERED, CRIT- 8 ICAL, OR CRITICAL AND DECLINING STATUS. 9 (a) IN GENERAL.—Notwithstanding the actuarial 10 certification under section 305(b)(3) of the Employee Re- 11 tirement Income Security Act of 1974 and section 12 432(b)(3) of the Internal Revenue Code of 1986, if a plan 13 sponsor of a multiemployer plan elects the application of 14 this section, then, for purposes of section 305 of such Act 15 and section 432 of such Code— 16 (1) the status of the plan for its first plan year 17 beginning during the period beginning on March 1, 18 2020, and ending on February 28, 2021, or the next 19 succeeding plan year (as designated by the plan 20 sponsor in such election), shall be the same as the 21 status of such plan under such sections for the plan 22 year preceding such designated plan year, and 23 (2) in the case of a plan which was in endan- 24 gered or critical status for the plan year preceding 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00544 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 545 •HR 1319 RH the designated plan year described in paragraph (1), 1 the plan shall not be required to update its plan or 2 schedules under section 305(c)(6) of such Act and 3 section 432(c)(6) of such Code, or section 4 305(e)(3)(B) of such Act and section 432(e)(3)(B) 5 of such Code, whichever is applicable, until the plan 6 year following the designated plan year described in 7 paragraph (1). 8 (b) EXCEPTION FOR PLANS BECOMING CRITICAL 9 DURING ELECTION.—If— 10 (1) an election was made under subsection (a) 11 with respect to a multiemployer plan, and 12 (2) such plan has, without regard to such elec- 13 tion, been certified by the plan actuary under section 14 305(b)(3) of the Employee Retirement Income Secu- 15 rity Act of 1974 and section 432(b)(3) of the Inter- 16 nal Revenue Code of 1986 to be in critical status for 17 the designated plan year described in subsection 18 (a)(1), then such plan shall be treated as a plan in 19 critical status for such plan year for purposes of ap- 20 plying section 4971(g)(1)(A) of such Code, section 21 302(b)(3) of such Act (without regard to the second 22 sentence thereof), and section 412(b)(3) of such 23 Code (without regard to the second sentence there- 24 of). 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00545 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 546 •HR 1319 RH (c) ELECTION AND NOTICE.— 1 (1) ELECTION.—An election under subsection 2 (a)— 3 (A) shall be made at such time and in such 4 manner as the Secretary of the Treasury or the 5 Secretary’s delegate may prescribe and, once 6 made, may be revoked only with the consent of 7 the Secretary, and 8 (B) if made— 9 (i) before the date the annual certifi- 10 cation is submitted to the Secretary or the 11 Secretary’s delegate under section 12 305(b)(3) of such Act and section 13 432(b)(3) of such Code, shall be included 14 with such annual certification, and 15 (ii) after such date, shall be submitted 16 to the Secretary or the Secretary’s delegate 17 not later than 30 days after the date of the 18 election. 19 (2) NOTICE TO PARTICIPANTS.— 20 (A) IN GENERAL.—Notwithstanding sec- 21 tion 305(b)(3)(D) of the Employee Retirement 22 Income Security Act of 1974 and section 23 432(b)(3)(D) of the Internal Revenue Code of 24 1986, if, by reason of an election made under 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00546 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 547 •HR 1319 RH subsection (a), the plan is in neither endan- 1 gered nor critical status— 2 (i) the plan sponsor of a multiem- 3 ployer plan shall not be required to provide 4 notice under such sections, and 5 (ii) the plan sponsor shall provide to 6 the participants and beneficiaries, the bar- 7 gaining parties, the Pension Benefit Guar- 8 anty Corporation, and the Secretary of 9 Labor a notice of the election under sub- 10 section (a) and such other information as 11 the Secretary of the Treasury (in consulta- 12 tion with the Secretary of Labor) may re- 13 quire— 14 (I) if the election is made before 15 the date the annual certification is 16 submitted to the Secretary or the Sec- 17 retary’s delegate under section 18 305(b)(3) of such Act and section 19 432(b)(3) of such Code, not later than 20 30 days after the date of the certifi- 21 cation, and 22 (II) if the election is made after 23 such date, not later than 30 days 24 after the date of the election. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00547 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 548 •HR 1319 RH (B) NOTICE OF ENDANGERED STATUS.— 1 Notwithstanding section 305(b)(3)(D) of such 2 Act and section 432(b)(3)(D) of such Code, if 3 the plan is certified to be in critical status for 4 any plan year but is in endangered status by 5 reason of an election made under subsection 6 (a), the notice provided under such sections 7 shall be the notice which would have been pro- 8 vided if the plan had been certified to be in en- 9 dangered status. 10 SEC. 9702. TEMPORARY EXTENSION OF THE FUNDING IM- 11 PROVEMENT AND REHABILITATION PERIODS 12 FOR MULTIEMPLOYER PENSION PLANS IN 13 CRITICAL AND ENDANGERED STATUS FOR 14 2020 OR 2021. 15 (a) IN GENERAL.—If the plan sponsor of a multiem- 16 ployer plan which is in endangered or critical status for 17 a plan year beginning in 2020 or 2021 (determined after 18 application of section 9701) elects the application of this 19 section, then, for purposes of section 305 of the Employee 20 Retirement Income Security Act of 1974 and section 432 21 of the Internal Revenue Code of 1986— 22 (1) except as provided in paragraph (2), the 23 plan’s funding improvement period or rehabilitation 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00548 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 549 •HR 1319 RH period, whichever is applicable, shall be 15 years 1 rather than 10 years, and 2 (2) in the case of a plan in seriously endan- 3 gered status, the plan’s funding improvement period 4 shall be 20 years rather than 15 years. 5 (b) DEFINITIONS AND SPECIAL RULES.—For pur- 6 poses of this section— 7 (1) ELECTION.—An election under this section 8 shall be made at such time, and in such manner and 9 form, as (in consultation with the Secretary of 10 Labor) the Secretary of the Treasury or the Sec- 11 retary’s delegate may prescribe. 12 (2) DEFINITIONS.—Any term which is used in 13 this section which is also used in section 305 of the 14 Employee Retirement Income Security Act of 1974 15 and section 432 of the Internal Revenue Code of 16 1986 shall have the same meaning as when used in 17 such sections. 18 (c) EFFECTIVE DATE.—This section shall apply to 19 plan years beginning after December 31, 2019. 20 SEC. 9703. ADJUSTMENTS TO FUNDING STANDARD AC- 21 COUNT RULES. 22 (a) ADJUSTMENTS.— 23 (1) AMENDMENT TO EMPLOYEE RETIREMENT 24 INCOME SECURITY ACT OF 1974.—Section 304(b)(8) 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00549 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 550 •HR 1319 RH of the Employee Retirement Income Security Act of 1 1974 (29 U.S.C. 1084(b)) is amended by adding at 2 the end the following new subparagraph: 3 ‘‘(F) RELIEF FOR 2020 AND 2021.—A mul- 4 tiemployer plan with respect to which the sol- 5 vency test under subparagraph (C) is met as of 6 February 29, 2020, may elect to apply this 7 paragraph (without regard to whether such plan 8 previously elected the application of this para- 9 graph)— 10 ‘‘(i) by substituting ‘February 29, 11 2020’ for ‘August 31, 2008’ each place it 12 appears in subparagraphs (A)(i), (B)(i)(I), 13 and (B)(i)(II), 14 ‘‘(ii) by inserting ‘and other losses re- 15 lated to the virus SARS–CoV–2 or 16 coronavirus disease 2019 (COVID–19) (in- 17 cluding experience losses related to reduc- 18 tions in contributions, reductions in em- 19 ployment, and deviations from anticipated 20 retirement rates, as determined by the plan 21 sponsor)’ after ‘net investment losses’ in 22 subparagraph (A)(i), and 23 ‘‘(iii) by substituting ‘this subpara- 24 graph or subparagraph (A)’ for ‘this sub- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00550 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 551 •HR 1319 RH paragraph and subparagraph (A) both’ in 1 subparagraph (B)(iii). 2 The preceding sentence shall not apply to a 3 plan to which special financial assistance is 4 granted under section 4262. For purposes of 5 the application of this subparagraph, the Sec- 6 retary of the Treasury shall rely on the plan 7 sponsor’s calculations of plan losses unless such 8 calculations are clearly erroneous.’’. 9 (2) AMENDMENT TO INTERNAL REVENUE CODE 10 OF 1986.—Section 431(b)(8) of the Internal Revenue 11 Code of 1986 is amended by adding at the end the 12 following new subparagraph: 13 ‘‘(F) RELIEF FOR 2020 AND 2021.—A mul- 14 tiemployer plan with respect to which the sol- 15 vency test under subparagraph (C) is met as of 16 February 29, 2020, may elect to apply this 17 paragraph (without regard to whether such plan 18 previously elected the application of this para- 19 graph)— 20 ‘‘(i) by substituting ‘February 29, 21 2020’ for ‘August 31, 2008’ each place it 22 appears in subparagraphs (A)(i), (B)(i)(I), 23 and (B)(i)(II), 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00551 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 552 •HR 1319 RH ‘‘(ii) by inserting ‘and other losses re- 1 lated to the virus SARS–CoV–2 or 2 coronavirus disease 2019 (COVID–19) (in- 3 cluding experience losses related to reduc- 4 tions in contributions, reductions in em- 5 ployment, and deviations from anticipated 6 retirement rates, as determined by the plan 7 sponsor)’ after ‘net investment losses’ in 8 subparagraph (A)(i), and 9 ‘‘(iii) by substituting ‘this subpara- 10 graph or subparagraph (A)’ for ‘this sub- 11 paragraph and subparagraph (A) both’ in 12 subparagraph (B)(iii). 13 The preceding sentence shall not apply to a 14 plan to which special financial assistance is 15 granted under section 4262 of the Employee 16 Retirement Income Security Act of 1974. For 17 purposes of the application of this subpara- 18 graph, the Secretary shall rely on the plan 19 sponsor’s calculations of plan losses unless such 20 calculations are clearly erroneous.’’. 21 (b) EFFECTIVE DATES.— 22 (1) IN GENERAL.—The amendments made by 23 this section shall take effect as of the first day of 24 the first plan year ending on or after February 29, 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00552 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 553 •HR 1319 RH 2020, except that any election a plan makes pursu- 1 ant to this section that affects the plan’s funding 2 standard account for the first plan year beginning 3 after February 29, 2020, shall be disregarded for 4 purposes of applying the provisions of section 305 of 5 the Employee Retirement Income Security Act of 6 1974 and section 432 of the Internal Revenue Code 7 of 1986 to such plan year. 8 (2) RESTRICTIONS ON BENEFIT INCREASES.— 9 Notwithstanding paragraph (1), the restrictions on 10 plan amendments increasing benefits in sections 11 304(b)(8)(D) of such Act and 431(b)(8)(D) of such 12 Code, as applied by the amendments made by this 13 section, shall take effect on the date of enactment of 14 this Act. 15 SEC. 9704. SPECIAL FINANCIAL ASSISTANCE PROGRAM FOR 16 FINANCIALLY TROUBLED MULTIEMPLOYER 17 PLANS. 18 (a) APPROPRIATION.—Section 4005 of the Employee 19 Retirement Income Security Act of 1974 (29 U.S.C. 1305) 20 is amended by adding at the end the following: 21 ‘‘(i)(1) An eighth fund shall be established for special 22 financial assistance to multiemployer pension plans, as 23 provided under section 4262, and to pay for necessary ad- 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00553 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 554 •HR 1319 RH ministrative and operating expenses of the corporation re- 1 lating to such assistance. 2 ‘‘(2) There is appropriated from the general fund 3 such amounts as are necessary for the costs of providing 4 financial assistance under section 4262 and necessary ad- 5 ministrative and operating expenses of the corporation. 6 The eighth fund established under this subsection shall be 7 credited with amounts from time to time as the Secretary 8 of the Treasury, in conjunction with the Director of the 9 Pension Benefit Guaranty Corporation, determines appro- 10 priate, from the general fund of the Treasury, but in no 11 case shall such transfers occur after September 30, 12 2030.’’. 13 (b) FINANCIAL ASSISTANCE AUTHORITY.—The Em- 14 ployee Retirement Income Security Act of 1974 is amend- 15 ed by inserting after section 4261 of such Act (29 U.S.C. 16 1431) the following: 17 ‘‘SEC. 4262. SPECIAL FINANCIAL ASSISTANCE BY THE COR- 18 PORATION. 19 ‘‘(a) SPECIAL FINANCIAL ASSISTANCE.— 20 ‘‘(1) IN GENERAL.—The corporation shall pro- 21 vide special financial assistance to an eligible multi- 22 employer plan under this section, upon the applica- 23 tion of a plan sponsor of such a plan for such assist- 24 ance. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00554 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 555 •HR 1319 RH ‘‘(2) INAPPLICABILITY OF CERTAIN REPAYMENT 1 OBLIGATION.—A plan receiving financial assistance 2 pursuant to this section shall not be subject to re- 3 payment obligations. 4 ‘‘(b) ELIGIBLE MULTIEMPLOYER PLANS.— 5 ‘‘(1) IN GENERAL.—For purposes of this sec- 6 tion, a multiemployer plan is an eligible multiem- 7 ployer plan if— 8 ‘‘(A) the plan is in critical and declining 9 status (within the meaning of section 10 305(b)(6)) in any plan year beginning in 2020 11 through 2022; 12 ‘‘(B) a suspension of benefits has been ap- 13 proved with respect to the plan under section 14 305(e)(9) as of the date of the enactment of 15 this section; 16 ‘‘(C) in any plan year beginning in 2020 17 through 2022, the plan is certified by the plan 18 actuary to be in critical status (within the 19 meaning of section 305(b)(2)), has a modified 20 funded percentage of less than 40 percent, and 21 has a ratio of active to inactive participants 22 which is less than 2 to 3; or 23 ‘‘(D) the plan became insolvent for pur- 24 poses of section 418E of the Internal Revenue 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00555 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 556 •HR 1319 RH Code of 1986 after December 16, 2014, and 1 has remained so insolvent and has not been ter- 2 minated as of the date of enactment of this sec- 3 tion. 4 ‘‘(2) MODIFIED FUNDED PERCENTAGE.—For 5 purposes of paragraph (1)(C), the term ‘modified 6 funded percentage’ means the percentage equal to a 7 fraction the numerator of which is current value of 8 plan assets (as defined in section 3(26) of such Act) 9 and the denominator of which is current liabilities 10 (as defined in section 431(c)(6)(D) of such Code and 11 section 304(c)(6)(D) of such Act). 12 ‘‘(c) APPLICATIONS FOR SPECIAL FINANCIAL ASSIST- 13 ANCE.—Within 120 days of the date of enactment of this 14 section, the corporation shall issue regulations or guidance 15 setting forth requirements for special financial assistance 16 applications under this section. In such regulations or 17 guidance, the corporation shall— 18 ‘‘(1) limit the materials required for a special 19 financial assistance application to the minimum nec- 20 essary to make a determination on the application; 21 ‘‘(2) specify effective dates for transfers of spe- 22 cial financial assistance following approval of an ap- 23 plication, based on the effective date of the sup- 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00556 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 557 •HR 1319 RH porting actuarial analysis and the date on which the 1 application is submitted; and 2 ‘‘(3) provide for an alternate application for 3 special financial assistance under this section, which 4 may be used by a plan that has been approved for 5 a partition under section 4233 before the date of en- 6 actment of this section. 7 ‘‘(d) TEMPORARY PRIORITY CONSIDERATION OF AP- 8 PLICATIONS.— 9 ‘‘(1) IN GENERAL.—The corporation may speci- 10 fy in regulations or guidance under subsection (c) 11 that, during a period no longer than the first 2 12 years following the date of enactment of this section, 13 applications may not be filed by an eligible multiem- 14 ployer plan unless— 15 ‘‘(A) the eligible multiemployer plan is in- 16 solvent or is likely to become insolvent within 5 17 years of the date of enactment of this section; 18 ‘‘(B) the corporation projects the eligible 19 multiemployer plan to have a present value of 20 financial assistance payments under section 21 4261 that exceeds $1,000,000,000 if the special 22 financial assistance is not ordered; 23 ‘‘(C) the eligible multiemployer plan has 24 implemented benefit suspensions under section 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00557 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 558 •HR 1319 RH 305(e)(9) as of the date of the enactment of 1 this section; or 2 ‘‘(D) the corporation determines it appro- 3 priate based on other similar circumstances. 4 ‘‘(e) ACTUARIAL ASSUMPTIONS.— 5 ‘‘(1) ELIGIBILITY.—For purposes of deter- 6 mining eligibility for special financial assistance, the 7 corporation shall accept assumptions incorporated in 8 a multiemployer plan’s determination that it is in 9 critical status or critical and declining status (within 10 the meaning of section 305(b)) for certifications of 11 plan status completed before January 1, 2021, un- 12 less such assumptions are clearly erroneous. For cer- 13 tifications of plan status completed after December 14 31, 2020, a plan shall determine whether it is in 15 critical or critical and declining status for purposes 16 of eligibility for special financial assistance by using 17 the assumptions that the plan used in its most re- 18 cently completed certification of plan status before 19 January 1, 2021, unless such assumptions (exclud- 20 ing the plan’s interest rate) are unreasonable. 21 ‘‘(2) AMOUNT OF FINANCIAL ASSISTANCE.—In 22 determining the amount of special financial assist- 23 ance in its application, an eligible multiemployer 24 plan shall— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00558 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 559 •HR 1319 RH ‘‘(A) use the interest rate used by the plan 1 in its most recently completed certification of 2 plan status before January 1, 2021, provided 3 that such interest rate may not exceed the in- 4 terest rate limit; and 5 ‘‘(B) for other assumptions, use the as- 6 sumptions that the plan used in its most re- 7 cently completed certification of plan status be- 8 fore January 1, 2021, unless such assumptions 9 are unreasonable. 10 ‘‘(3) INTEREST RATE.—The interest rate limit 11 for purposes of this subsection is the rate specified 12 in section 303(h)(2)(C)(iii) (disregarding modifica- 13 tions made under clause (iv) of such section) for the 14 month in which the application for special financial 15 assistance is filed by the eligible multiemployer plan 16 or the 3 preceding months, with such specified rate 17 increased by 200 basis points. 18 ‘‘(4) CHANGES IN ASSUMPTIONS.—If a plan de- 19 termines that use of one or more prior assumptions 20 is unreasonable, the plan may propose in its applica- 21 tion to change such assumptions, provided that the 22 plan discloses such changes in its application and 23 describes why such assumptions are no longer rea- 24 sonable. The corporation shall accept such changed 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00559 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 560 •HR 1319 RH assumptions unless it determines the changes are 1 unreasonable, individually or in the aggregate. The 2 plan may not propose a change to the interest rate 3 otherwise required under this subsection for eligi- 4 bility or financial assistance amount. 5 ‘‘(f) APPLICATION DEADLINE.—Any application by a 6 plan for special financial assistance under this section 7 shall be submitted no later than December 31, 2025, and 8 any revised application for special financial assistance 9 shall be submitted no later than December 31, 2026. 10 ‘‘(g) DETERMINATIONS ON APPLICATIONS.—A plan’s 11 application for special financial assistance under this sec- 12 tion that is timely filed in accordance with the regulations 13 or guidance issued under subsection (c) shall be deemed 14 approved unless the corporation notifies the plan within 15 120 days of the filing of the application that the applica- 16 tion is incomplete, any proposed change or assumption is 17 unreasonable, or the plan is not eligible under this section. 18 Such notice shall specify the reasons the plan is ineligible 19 for special financial assistance, any proposed change or 20 assumption is unreasonable, or information is needed to 21 complete the application. If a plan is denied assistance 22 under this subsection, the plan may submit a revised ap- 23 plication under this section. Any revised application for 24 special financial assistance submitted by a plan shall be 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00560 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 561 •HR 1319 RH deemed approved unless the corporation notifies the plan 1 within 120 days of the filing of the revised application that 2 the application is incomplete, any proposed change or as- 3 sumption is unreasonable, or the plan is not eligible under 4 this section. Special financial assistance issued by the cor- 5 poration shall be effective on a date determined by the 6 corporation, but no later than 1 year after a plan’s special 7 financial assistance application is approved by the cor- 8 poration or deemed approved. The corporation shall not 9 pay any special financial assistance after September 30, 10 2030. 11 ‘‘(h) MANNER OF PAYMENT.—The payment made by 12 the corporation to an eligible multiemployer plan under 13 this section shall be made as a single, lump sum payment. 14 ‘‘(i) AMOUNT AND MANNER OF SPECIAL FINANCIAL 15 ASSISTANCE.— 16 ‘‘(1) IN GENERAL.—Special financial assistance 17 under this section shall be a transfer of funds in the 18 amount necessary as demonstrated by the plan spon- 19 sor on the application for such special financial as- 20 sistance, in accordance with the requirements de- 21 scribed in subsection (j). Special financial assistance 22 shall be paid to such plan as soon as practicable 23 upon approval of the application by the corporation. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00561 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 562 •HR 1319 RH ‘‘(2) NO CAP.—Special financial assistance 1 granted by the corporation under this section shall 2 not be capped by the guarantee under 4022A. 3 ‘‘(j) DETERMINATION OF AMOUNT OF SPECIAL FI- 4 NANCIAL ASSISTANCE.— 5 ‘‘(1) IN GENERAL.—The amount of financial 6 assistance provided to a multiemployer plan eligible 7 for financial assistance under this section shall be 8 such amount required for the plan to pay all benefits 9 due during the period beginning on the date of pay- 10 ment of the special financial assistance payment 11 under this section and ending on the last day of the 12 plan year ending in 2051, with no reduction in a 13 participant’s or beneficiary’s accrued benefit as of 14 the date of enactment of this section, except to the 15 extent of a reduction in accordance with section 16 305(e)(8) adopted prior to the plan’s application for 17 special financial assistance under this section, and 18 taking into account the reinstatement of benefits re- 19 quired under subsection (k). 20 ‘‘(2) PROJECTIONS.—The funding projections 21 for purposes of this section shall be performed on a 22 deterministic basis. 23 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00562 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 563 •HR 1319 RH ‘‘(k) REINSTATEMENT OF BENEFIT SUSPENSIONS.— 1 An eligible multiemployer plan that receives special finan- 2 cial assistance under this section shall— 3 ‘‘(1) reinstate any benefits that were suspended 4 under section 305(e)(9) or section 4245(a), effective 5 as of the first month in which the effective date for 6 the special financial assistance occurs, for partici- 7 pants and beneficiaries as of such month; and 8 ‘‘(2) provide payments equal to the amount of 9 benefits previously suspended under section 10 305(e)(9) or 4245(a) to any participants or bene- 11 ficiaries in pay status as of the effective date of the 12 special financial assistance, payable, as determined 13 by the eligible multiemployer plan— 14 ‘‘(A) as a lump sum within 3 months of 15 such effective date; or 16 ‘‘(B) in equal monthly installments over a 17 period of 5 years, commencing within 3 months 18 of such effective date, with no adjustment for 19 interest. 20 ‘‘(l) WITHDRAWAL LIABILITY.—An employer’s with- 21 drawal liability for purposes of this title shall be calculated 22 without taking into account special financial assistance re- 23 ceived under this section until the plan year beginning 15 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00563 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 564 •HR 1319 RH calendar years after the effective date of the special finan- 1 cial assistance. 2 ‘‘(m) REQUIRED DISCLOSURE.—An eligible plan that 3 receives special financial assistance under this section 4 shall provide each employer that has an obligation to con- 5 tribute to such plan, and each labor organization rep- 6 resenting participants employed by such employer, with an 7 estimate of the employer’s share of the plan’s unfunded 8 vested benefits as of the end of each plan year ending after 9 the date of enactment of this section, as determined after 10 taking into account any special financial assistance re- 11 ceived under this section. Such disclosure shall include a 12 statement that, due to the special financial assistance pro- 13 vided under this section, the plan will have sufficient re- 14 sources to pay 100 percent of the plan’s benefit obligations 15 until the last day of the plan year ending in 2051. 16 ‘‘(n) RESTRICTIONS ON THE USE OF SPECIAL FI- 17 NANCIAL ASSISTANCE.—Special financial assistance re- 18 ceived under this section may be used by an eligible multi- 19 employer plan to make benefit payments and pay plan ex- 20 penses. Special financial assistance and any earnings on 21 such assistance shall be segregated from other plan assets. 22 Special financial assistance shall be invested by plans in 23 investment-grade bonds or other investments as permitted 24 by the corporation. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00564 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 565 •HR 1319 RH ‘‘(o) CONDITIONS ON PLANS RECEIVING SPECIAL FI- 1 NANCIAL ASSISTANCE.— 2 ‘‘(1) IN GENERAL.—The corporation may im- 3 pose, by regulation, reasonable conditions on an eli- 4 gible multiemployer plan that receives special finan- 5 cial assistance relating to increases in future accrual 6 rates and any retroactive benefit improvements, allo- 7 cation of plan assets, reductions in employer con- 8 tribution rates, diversion of contributions to, and al- 9 location of expenses to, other benefit plans, and 10 withdrawal liability. 11 ‘‘(2) LIMITATION.—The corporation shall not 12 impose conditions on an eligible multiemployer plan 13 as a condition of, or following receipt of, special fi- 14 nancial assistance under this section relating to— 15 ‘‘(A) any prospective reduction in plan 16 benefits (including benefits that may be ad- 17 justed pursuant to section 305(e)(8)); 18 ‘‘(B) plan governance, including selection 19 of, removal of, and terms of contracts with, 20 trustees, actuaries, investment managers, and 21 other service providers; or 22 ‘‘(C) any funding rules relating to the plan 23 receiving special financial assistance under this 24 section. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00565 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 566 •HR 1319 RH ‘‘(3) PAYMENT OF PREMIUMS.—An eligible 1 multiemployer plan receiving special financial assist- 2 ance under this section shall continue to pay all pre- 3 miums due under section 4007 for participants and 4 beneficiaries in the plan. 5 ‘‘(4) ASSISTANCE NOT CONSIDERED FOR CER- 6 TAIN PURPOSES.—An eligible multiemployer plan 7 that receives special financial assistance shall be 8 deemed to be in critical status within the meaning 9 of section 305(b)(2) until the last plan year ending 10 in 2051. 11 ‘‘(5) INSOLVENT PLANS.—An eligible multiem- 12 ployer plan receiving special financial assistance 13 under this section that subsequently becomes insol- 14 vent will be subject to the current rules and guar- 15 antee for insolvent plans. 16 ‘‘(6) INELIGIBILITY FOR OTHER ASSISTANCE.— 17 An eligible multiemployer plan that receives special 18 financial assistance under this section is not eligible 19 to apply for a new suspension of benefits under sec- 20 tion 305(e)(9)(G).’’. 21 (c) PREMIUM RATE INCREASE.—Section 4006(a)(3) 22 of the Employee Retirement Income Security Act of 1974 23 (29 U.S.C. 1306(a)(3)) is amended— 24 (1) in subparagraph (A)— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00566 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 567 •HR 1319 RH (A) in clause (vi)— 1 (i) by inserting ‘‘, and before January 2 1, 2031’’ after ‘‘December 31, 2014,’’; and 3 (ii) by striking ‘‘or’’ at the end; 4 (B) in clause (vii)— 5 (i) by moving the margin 2 ems to the 6 left; and 7 (ii) in subclause (II), by striking the 8 period and inserting ‘‘, or’’; and 9 (C) by adding at the end the following: 10 ‘‘(viii) in the case of a multiemployer plan, for 11 plan years beginning after December 31, 2030, $52 12 for each individual who is a participant in such plan 13 during the applicable plan year.’’; and 14 (2) by adding at the end the following: 15 ‘‘(N) For each plan year beginning in a calendar year 16 after 2031, there shall be substituted for the dollar 17 amount specified in clause (viii) of subparagraph (A) an 18 amount equal to the greater of— 19 ‘‘(i) the product derived by multiplying such 20 dollar amount by the ratio of— 21 ‘‘(I) the national average wage index (as 22 defined in section 209(k)(1) of the Social Secu- 23 rity Act) for the first of the 2 calendar years 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00567 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 568 •HR 1319 RH preceding the calendar year in which such plan 1 year begins, to 2 ‘‘(II) the national average wage index (as 3 so defined) for 2029; and 4 ‘‘(ii) such dollar amount for plan years begin- 5 ning in the preceding calendar year. 6 If the amount determined under this subparagraph 7 is not a multiple of $1, such product shall be round- 8 ed to the nearest multiple of $1.’’. 9 SEC. 9705. EXTENDED AMORTIZATION FOR SINGLE EM- 10 PLOYER PLANS. 11 (a) 15-YEAR AMORTIZATION UNDER THE INTERNAL 12 REVENUE CODE OF 1986.—Section 430(c) of the Internal 13 Revenue Code of 1986 is amended by adding at the end 14 the following new paragraph: 15 ‘‘(8) 15-YEAR AMORTIZATION.—With respect to 16 plan years beginning after December 31, 2019 (or, 17 at the election of the plan sponsor, after December 18 31, 2018)— 19 ‘‘(A) the shortfall amortization bases for 20 all plan years preceding the first plan year be- 21 ginning after December 31, 2019 (or after De- 22 cember 31, 2018, whichever is elected), and all 23 shortfall amortization installments determined 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00568 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 569 •HR 1319 RH with respect to such bases, shall be reduced to 1 zero, and 2 ‘‘(B) subparagraphs (A) and (B) of para- 3 graph (2) shall each be applied by substituting 4 ‘15-plan-year period’ for ‘7-plan-year period’.’’. 5 (b) 15-YEAR AMORTIZATION UNDER THE EMPLOYEE 6 RETIREMENT INCOME SECURITY ACT OF 1974.—Section 7 303(c) of the Employee Retirement Income Security Act 8 of 1974 (29 U.S.C. 1083(c)) is amended by adding at the 9 end the following new paragraph: 10 ‘‘(8) 15-YEAR AMORTIZATION.—With respect to 11 plan years beginning after December 31, 2019 (or, 12 at the election of the plan sponsor, after December 13 31, 2018)— 14 ‘‘(A) the shortfall amortization bases for 15 all plan years preceding the first plan year be- 16 ginning after December 31, 2019 (or after De- 17 cember 31, 2018, whichever is elected), and all 18 shortfall amortization installments determined 19 with respect to such bases, shall be reduced to 20 zero, and 21 ‘‘(B) subparagraphs (A) and (B) of para- 22 graph (2) shall each be applied by substituting 23 ‘15-plan-year period’ for ‘7-plan-year period’.’’. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00569 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 570 •HR 1319 RH (c) EFFECTIVE DATE.—The amendments made by 1 this section shall apply to plan years beginning after De- 2 cember 31, 2018. 3 SEC. 9706. EXTENSION OF PENSION FUNDING STABILIZA- 4 TION PERCENTAGES FOR SINGLE EMPLOYER 5 PLANS. 6 (a) AMENDMENT TO INTERNAL REVENUE CODE OF 7 1986.— 8 (1) IN GENERAL.—The table contained in sub- 9 clause (II) of section 430(h)(2)(C)(iv) of the Inter- 10 nal Revenue Code of 1986 is amended to read as fol- 11 lows: 12 ‘‘If the calendar year is: The applica- ble min- imum per- centage is: The applica- ble max- imum per- centage is: Any year in the period starting in 2012 and end- ing in 2019 ......................................................... 90% 110% Any year in the period starting in 2020 and end- ing in 2025 ......................................................... 95% 105% 2026 ........................................................................ 90% 110% 2027 ........................................................................ 85% 115% 2028 ........................................................................ 80% 120% 2029 ........................................................................ 75% 125% After 2029 .............................................................. 70% 130%.’’. (2) FLOOR ON 25-YEAR AVERAGES.—Subclause 13 (I) of section 430(h)(2)(C)(iv) of such Code is 14 amended by adding at the end the following: ‘‘Not- 15 withstanding anything in this subclause, if the aver- 16 age of the first, second, or third segment rate for 17 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00570 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 571 •HR 1319 RH any 25-year period is less than 5 percent, such aver- 1 age shall be deemed to be 5 percent.’’. 2 (b) AMENDMENTS TO EMPLOYEE RETIREMENT IN- 3 COME SECURITY ACT OF 1974.— 4 (1) IN GENERAL.—The table contained in sub- 5 clause (II) of section 303(h)(2)(C)(iv) of the Em- 6 ployee Retirement Income Security Act of 1974 (29 7 U.S.C. 1083(h)(2)(C)(iv)(II)) is amended to read as 8 follows: 9 ‘‘If the calendar year is: The applica- ble min- imum per- centage is: The applica- ble max- imum per- centage is: Any year in the period starting in 2012 and end- ing in 2019 ......................................................... 90% 110% Any year in the period starting in 2020 and end- ing in 2025 ......................................................... 95% 105% 2026 ........................................................................ 90% 110% 2027 ........................................................................ 85% 115% 2028 ........................................................................ 80% 120% 2029 ........................................................................ 75% 125% After 2029 .............................................................. 70% 130%.’’. (2) FLOOR ON 25-YEAR AVERAGES.—Subclause 10 (I) of section 303(h)(2)(C)(iv) of such Act (29 11 U.S.C. 1083(h)(2)(C)(iv)(I)) is amended by adding 12 at the end the following: ‘‘Notwithstanding anything 13 in this subclause, if the average of the first, second, 14 or third segment rate for any 25-year period is less 15 than 5 percent, such average shall be deemed to be 16 5 percent.’’. 17 (3) CONFORMING AMENDMENTS.— 18 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00571 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 572 •HR 1319 RH (A) IN GENERAL.—Section 101(f)(2)(D) of 1 such Act (29 U.S.C. 1021(f)(2)(D)) is amend- 2 ed— 3 (i) in clause (i) by striking ‘‘and the 4 Bipartisan Budget Act of 2015’’ both 5 places it appears and inserting ‘‘, the Bi- 6 partisan Budget Act of 2015, and the 7 Butch Lewis Emergency Pension Plan Re- 8 lief Act of 2021’’, and 9 (ii) in clause (ii) by striking ‘‘2023’’ 10 and inserting ‘‘2029’’. 11 (B) STATEMENTS.—The Secretary of 12 Labor shall modify the statements required 13 under subclauses (I) and (II) of section 14 101(f)(2)(D)(i) of such Act to conform to the 15 amendments made by this section. 16 (c) EFFECTIVE DATE.—The amendments made by 17 this section shall apply with respect to plan years begin- 18 ning after December 31, 2019. 19 SEC. 9707. MODIFICATION OF SPECIAL RULES FOR MIN- 20 IMUM FUNDING STANDARDS FOR COMMU- 21 NITY NEWSPAPER PLANS. 22 (a) AMENDMENT TO INTERNAL REVENUE CODE OF 23 1986.—Subsection (m) of section 430 of the Internal Rev- 24 enue Code of 1986 is amended to read as follows: 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00572 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 573 •HR 1319 RH ‘‘(m) SPECIAL RULES FOR COMMUNITY NEWSPAPER 1 PLANS.— 2 ‘‘(1) IN GENERAL.—An eligible newspaper plan 3 sponsor of a plan under which no participant has 4 had the participant’s accrued benefit increased 5 (whether because of service or compensation) after 6 April 2, 2019, may elect to have the alternative 7 standards described in paragraph (4) apply to such 8 plan. 9 ‘‘(2) ELIGIBLE NEWSPAPER PLAN SPONSOR.— 10 The term ‘eligible newspaper plan sponsor’ means 11 the plan sponsor of— 12 ‘‘(A) any community newspaper plan, or 13 ‘‘(B) any other plan sponsored, as of April 14 2, 2019, by a member of the same controlled 15 group of a plan sponsor of a community news- 16 paper plan if such member is in the trade or 17 business of publishing 1 or more newspapers. 18 ‘‘(3) ELECTION.—An election under paragraph 19 (1) shall be made at such time and in such manner 20 as prescribed by the Secretary. Such election, once 21 made with respect to a plan year, shall apply to all 22 subsequent plan years unless revoked with the con- 23 sent of the Secretary. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00573 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 574 •HR 1319 RH ‘‘(4) ALTERNATIVE MINIMUM FUNDING STAND- 1 ARDS.—The alternative standards described in this 2 paragraph are the following: 3 ‘‘(A) INTEREST RATES.— 4 ‘‘(i) IN GENERAL.—Notwithstanding 5 subsection (h)(2)(C) and except as pro- 6 vided in clause (ii), the first, second, and 7 third segment rates in effect for any 8 month for purposes of this section shall be 9 8 percent. 10 ‘‘(ii) NEW BENEFIT ACCRUALS.—Not- 11 withstanding subsection (h)(2), for pur- 12 poses of determining the funding target 13 and normal cost of a plan for any plan 14 year, the present value of any benefits ac- 15 crued or earned under the plan for a plan 16 year with respect to which an election 17 under paragraph (1) is in effect shall be 18 determined on the basis of the United 19 States Treasury obligation yield curve for 20 the day that is the valuation date of such 21 plan for such plan year. 22 ‘‘(iii) UNITED STATES TREASURY OB- 23 LIGATION YIELD CURVE.—For purposes of 24 this subsection, the term ‘United States 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00574 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 575 •HR 1319 RH Treasury obligation yield curve’ means, 1 with respect to any day, a yield curve 2 which shall be prescribed by the Secretary 3 for such day on interest-bearing obligations 4 of the United States. 5 ‘‘(B) SHORTFALL AMORTIZATION BASE.— 6 ‘‘(i) PREVIOUS SHORTFALL AMORTIZA- 7 TION BASES.—The shortfall amortization 8 bases determined under subsection (c)(3) 9 for all plan years preceding the first plan 10 year to which the election under paragraph 11 (1) applies (and all shortfall amortization 12 installments determined with respect to 13 such bases) shall be reduced to zero under 14 rules similar to the rules of subsection 15 (c)(6). 16 ‘‘(ii) NEW SHORTFALL AMORTIZATION 17 BASE.—Notwithstanding subsection (c)(3), 18 the shortfall amortization base for the first 19 plan year to which the election under para- 20 graph (1) applies shall be the funding 21 shortfall of such plan for such plan year 22 (determined using the interest rates as 23 modified under subparagraph (A)). 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00575 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 576 •HR 1319 RH ‘‘(C) DETERMINATION OF SHORTFALL AM- 1 ORTIZATION INSTALLMENTS.— 2 ‘‘(i) 30-YEAR PERIOD.—Subpara- 3 graphs (A) and (B) of subsection (c)(2) 4 shall be applied by substituting ‘30-plan- 5 year’ for ‘7-plan-year’ each place it ap- 6 pears. 7 ‘‘(ii) NO SPECIAL ELECTION.—The 8 election under subparagraph (D) of sub- 9 section (c)(2) shall not apply to any plan 10 year to which the election under paragraph 11 (1) applies. 12 ‘‘(D) EXEMPTION FROM AT-RISK TREAT- 13 MENT.—Subsection (i) shall not apply. 14 ‘‘(5) COMMUNITY NEWSPAPER PLAN.—For pur- 15 poses of this subsection— 16 ‘‘(A) IN GENERAL.—The term ‘community 17 newspaper plan’ means any plan to which this 18 section applies maintained as of December 31, 19 2018, by an employer which— 20 ‘‘(i) maintains the plan on behalf of 21 participants and beneficiaries with respect 22 to employment in the trade or business of 23 publishing 1 or more newspapers which 24 were published by the employer at any 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00576 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 577 •HR 1319 RH time during the 11-year period ending on 1 the date of the enactment of this sub- 2 section, 3 ‘‘(ii)(I) is not a company the stock of 4 which is publicly traded (on a stock ex- 5 change or in an over-the-counter market), 6 and is not controlled, directly or indirectly, 7 by such a company, or 8 ‘‘(II) is controlled, directly or indi- 9 rectly, during the entire 30-year period 10 ending on the date of the enactment of this 11 subsection by individuals who are members 12 of the same family, and does not publish or 13 distribute a daily newspaper that is car- 14 rier-distributed in printed form in more 15 than 5 States, and 16 ‘‘(iii) is controlled, directly or indi- 17 rectly— 18 ‘‘(I) by 1 or more persons resid- 19 ing primarily in a State in which the 20 community newspaper has been pub- 21 lished on newsprint or carrier-distrib- 22 uted, 23 ‘‘(II) during the entire 30-year 24 period ending on the date of the en- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00577 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 578 •HR 1319 RH actment of this subsection by individ- 1 uals who are members of the same 2 family, 3 ‘‘(III) by 1 or more trusts, the 4 sole trustees of which are persons de- 5 scribed in subclause (I) or (II), or 6 ‘‘(IV) by a combination of per- 7 sons described in subclause (I), (II), 8 or (III). 9 ‘‘(B) NEWSPAPER.—The term ‘newspaper’ 10 does not include any newspaper (determined 11 without regard to this subparagraph) to which 12 any of the following apply: 13 ‘‘(i) Is not in general circulation. 14 ‘‘(ii) Is published (on newsprint or 15 electronically) less frequently than 3 times 16 per week. 17 ‘‘(iii) Has not ever been regularly 18 published on newsprint. 19 ‘‘(iv) Does not have a bona fide list of 20 paid subscribers. 21 ‘‘(C) CONTROL.—A person shall be treated 22 as controlled by another person if such other 23 person possesses, directly or indirectly, the 24 power to direct or cause the direction and man- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00578 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 579 •HR 1319 RH agement of such person (including the power to 1 elect a majority of the members of the board of 2 directors of such person) through the ownership 3 of voting securities. 4 ‘‘(6) CONTROLLED GROUP.—For purposes of 5 this subsection, the term ‘controlled group’ means all 6 persons treated as a single employer under sub- 7 section (b), (c), (m), or (o) of section 414 as of the 8 date of the enactment of this subsection.’’. 9 (b) AMENDMENT TO EMPLOYEE RETIREMENT IN- 10 COME SECURITY ACT OF 1974.—Subsection (m) of section 11 303 of the Employee Retirement Income Security Act of 12 1974 (29 U.S.C. 1083(m)) is amended to read as follows: 13 ‘‘(m) SPECIAL RULES FOR COMMUNITY NEWSPAPER 14 PLANS.— 15 ‘‘(1) IN GENERAL.—An eligible newspaper plan 16 sponsor of a plan under which no participant has 17 had the participant’s accrued benefit increased 18 (whether because of service or compensation) after 19 April 2, 2019, may elect to have the alternative 20 standards described in paragraph (4) apply to such 21 plan. 22 ‘‘(2) ELIGIBLE NEWSPAPER PLAN SPONSOR.— 23 The term ‘eligible newspaper plan sponsor’ means 24 the plan sponsor of— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00579 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 580 •HR 1319 RH ‘‘(A) any community newspaper plan, or 1 ‘‘(B) any other plan sponsored, as of April 2 2, 2019, by a member of the same controlled 3 group of a plan sponsor of a community news- 4 paper plan if such member is in the trade or 5 business of publishing 1 or more newspapers. 6 ‘‘(3) ELECTION.—An election under paragraph 7 (1) shall be made at such time and in such manner 8 as prescribed by the Secretary of the Treasury. Such 9 election, once made with respect to a plan year, shall 10 apply to all subsequent plan years unless revoked 11 with the consent of the Secretary of the Treasury. 12 ‘‘(4) ALTERNATIVE MINIMUM FUNDING STAND- 13 ARDS.—The alternative standards described in this 14 paragraph are the following: 15 ‘‘(A) INTEREST RATES.— 16 ‘‘(i) IN GENERAL.—Notwithstanding 17 subsection (h)(2)(C) and except as pro- 18 vided in clause (ii), the first, second, and 19 third segment rates in effect for any 20 month for purposes of this section shall be 21 8 percent. 22 ‘‘(ii) NEW BENEFIT ACCRUALS.—Not- 23 withstanding subsection (h)(2), for pur- 24 poses of determining the funding target 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00580 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 581 •HR 1319 RH and normal cost of a plan for any plan 1 year, the present value of any benefits ac- 2 crued or earned under the plan for a plan 3 year with respect to which an election 4 under paragraph (1) is in effect shall be 5 determined on the basis of the United 6 States Treasury obligation yield curve for 7 the day that is the valuation date of such 8 plan for such plan year. 9 ‘‘(iii) UNITED STATES TREASURY OB- 10 LIGATION YIELD CURVE.—For purposes of 11 this subsection, the term ‘United States 12 Treasury obligation yield curve’ means, 13 with respect to any day, a yield curve 14 which shall be prescribed by the Secretary 15 of the Treasury for such day on interest- 16 bearing obligations of the United States. 17 ‘‘(B) SHORTFALL AMORTIZATION BASE.— 18 ‘‘(i) PREVIOUS SHORTFALL AMORTIZA- 19 TION BASES.—The shortfall amortization 20 bases determined under subsection (c)(3) 21 for all plan years preceding the first plan 22 year to which the election under paragraph 23 (1) applies (and all shortfall amortization 24 installments determined with respect to 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00581 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 582 •HR 1319 RH such bases) shall be reduced to zero under 1 rules similar to the rules of subsection 2 (c)(6). 3 ‘‘(ii) NEW SHORTFALL AMORTIZATION 4 BASE.—Notwithstanding subsection (c)(3), 5 the shortfall amortization base for the first 6 plan year to which the election under para- 7 graph (1) applies shall be the funding 8 shortfall of such plan for such plan year 9 (determined using the interest rates as 10 modified under subparagraph (A)). 11 ‘‘(C) DETERMINATION OF SHORTFALL AM- 12 ORTIZATION INSTALLMENTS.— 13 ‘‘(i) 30-YEAR PERIOD.—Subpara- 14 graphs (A) and (B) of subsection (c)(2) 15 shall be applied by substituting ‘30-plan- 16 year’ for ‘7-plan-year’ each place it ap- 17 pears. 18 ‘‘(ii) NO SPECIAL ELECTION.—The 19 election under subparagraph (D) of sub- 20 section (c)(2) shall not apply to any plan 21 year to which the election under paragraph 22 (1) applies. 23 ‘‘(D) EXEMPTION FROM AT-RISK TREAT- 24 MENT.—Subsection (i) shall not apply. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00582 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 583 •HR 1319 RH ‘‘(5) COMMUNITY NEWSPAPER PLAN.—For pur- 1 poses of this subsection— 2 ‘‘(A) IN GENERAL.—The term ‘community 3 newspaper plan’ means a plan to which this sec- 4 tion applies maintained as of December 31, 5 2018, by an employer which— 6 ‘‘(i) maintains the plan on behalf of 7 participants and beneficiaries with respect 8 to employment in the trade or business of 9 publishing 1 or more newspapers which 10 were published by the employer at any 11 time during the 11-year period ending on 12 the date of the enactment of this sub- 13 section, 14 ‘‘(ii)(I) is not a company the stock of 15 which is publicly traded (on a stock ex- 16 change or in an over-the-counter market), 17 and is not controlled, directly or indirectly, 18 by such a company, or 19 ‘‘(II) is controlled, directly, or indi- 20 rectly, during the entire 30-year period 21 ending on the date of the enactment of this 22 subsection by individuals who are members 23 of the same family, and does not publish or 24 distribute a daily newspaper that is car- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00583 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 584 •HR 1319 RH rier-distributed in printed form in more 1 than 5 States, and 2 ‘‘(iii) is controlled, directly, or indi- 3 rectly— 4 ‘‘(I) by 1 or more persons resid- 5 ing primarily in a State in which the 6 community newspaper has been pub- 7 lished on newsprint or carrier-distrib- 8 uted, 9 ‘‘(II) during the entire 30-year 10 period ending on the date of the en- 11 actment of this subsection by individ- 12 uals who are members of the same 13 family, 14 ‘‘(III) by 1 or more trusts, the 15 sole trustees of which are persons de- 16 scribed in subclause (I) or (II), or 17 ‘‘(IV) by a combination of per- 18 sons described in subclause (I), (II), 19 or (III). 20 ‘‘(B) NEWSPAPER.—The term ‘newspaper’ 21 does not include any newspaper (determined 22 without regard to this subparagraph) to which 23 any of the following apply: 24 ‘‘(i) Is not in general circulation. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00584 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 585 •HR 1319 RH ‘‘(ii) Is published (on newsprint or 1 electronically) less frequently than 3 times 2 per week. 3 ‘‘(iii) Has not ever been regularly 4 published on newsprint. 5 ‘‘(iv) Does not have a bona fide list of 6 paid subscribers. 7 ‘‘(C) CONTROL.—A person shall be treated 8 as controlled by another person if such other 9 person possesses, directly or indirectly, the 10 power to direct or cause the direction and man- 11 agement of such person (including the power to 12 elect a majority of the members of the board of 13 directors of such person) through the ownership 14 of voting securities. 15 ‘‘(6) CONTROLLED GROUP.—For purposes of 16 this subsection, the term ‘controlled group’ means all 17 persons treated as a single employer under sub- 18 section (b), (c), (m), or (o) of section 414 of the In- 19 ternal Revenue Code of 1986 as of the date of the 20 enactment of this subsection. 21 ‘‘(7) EFFECT ON PREMIUM RATE CALCULA- 22 TION.—Notwithstanding any other provision of law 23 or any regulation issued by the Pension Benefit 24 Guaranty Corporation, in the case of a plan for 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00585 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 586 •HR 1319 RH which an election is made to apply the alternative 1 standards described in paragraph (3), the additional 2 premium under section 4006(a)(3)(E) shall be deter- 3 mined as if such election had not been made.’’. 4 (c) EFFECTIVE DATE.—The amendments made by 5 this section shall apply to plan years ending after Decem- 6 ber 31, 2017. 7 SEC. 9708. COST OF LIVING ADJUSTMENT FREEZE. 8 (a) IN GENERAL.—Subsection (d) of section 415 of 9 the Internal Revenue Code of 1986 is amended by adding 10 at the end the following new paragraph: 11 ‘‘(5) FREEZE ON COST OF LIVING ADJUST- 12 MENTS.— 13 ‘‘(A) IN GENERAL.—Except as provided in 14 subparagraph (B), in the case of calendar years 15 beginning after December 31, 2030— 16 ‘‘(i) no adjustment shall be made 17 under paragraph (1), and 18 ‘‘(ii) the dollar amounts as adjusted 19 under such paragraph for calendar year 20 2030 shall apply. 21 ‘‘(B) EXCEPTION.—Subparagraph (A) 22 shall not apply in the case of a plan maintained 23 pursuant to 1 or more collective bargaining 24 agreements.’’. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00586 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 587 •HR 1319 RH (b) COMPENSATION LIMIT.—Paragraph (17) of sec- 1 tion 401(a) of the Internal Revenue Code of 1986 is 2 amended by adding at the end the following new subpara- 3 graph: 4 ‘‘(C) FREEZE ON COST OF LIVING ADJUST- 5 MENTS.— 6 ‘‘(i) IN GENERAL.—Except as pro- 7 vided in clause (ii), in the case of calendar 8 years beginning after December 31, 9 2030— 10 ‘‘(I) no adjustment shall be made 11 under subparagraph (B), and 12 ‘‘(II) the dollar amount as ad- 13 justed under such subparagraph for 14 calendar year 2030 shall apply. 15 ‘‘(ii) EXCEPTION.—Clause (i) shall 16 not apply in the case of a plan maintained 17 pursuant to 1 or more collective bargaining 18 agreements.’’. 19 (c) CONFORMING AMENDMENTS.— 20 (1) Section 45A(c)(3) of the Internal Revenue 21 Code of 1986 is amended by striking ‘‘415(d)’’ and 22 inserting ‘‘415(d) (without regard to paragraph (5) 23 thereof)’’. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00587 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 588 •HR 1319 RH (2) Section 402(g)(4) of such Code is amended 1 by striking ‘‘415(d)’’ and inserting ‘‘415(d) (without 2 regard to paragraph (5) thereof)’’. 3 (3) Section 404(l) of such Code is amended by 4 striking ‘‘401(a)(17)(B)’’ and inserting 5 ‘‘401(a)(17)(B) (without regard to section 6 401(a)(17)(C))’’. 7 (4) Section 408(k)(8) of such Code is amend- 8 ed— 9 (A) by striking ‘‘415(d)’’ and inserting 10 ‘‘415(d) (without regard to paragraph (5) 11 thereof)’’, and 12 (B) by striking ‘‘401(a)(17)(B)’’ and in- 13 serting ‘‘401(a)(17)(B) (without regard to sec- 14 tion 401(a)(17)(C))’’. 15 (5) Section 408(p)(2)(E)(ii) of such Code is 16 amended by striking ‘‘415(d)’’ and inserting ‘‘415(d) 17 (without regard to paragraph (5) thereof)’’. 18 (6) Section 409(o)(2) of such Code is amended 19 by striking ‘‘415(d)’’ and inserting ‘‘415(d) (without 20 regard to paragraph (5) thereof)’’. 21 (7) Section 416(i)(1)(A) of such Code is 22 amended by striking ‘‘415(d)’’ and inserting ‘‘415(d) 23 (without regard to paragraph (5) thereof)’’. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00588 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 589 •HR 1319 RH (8) Section 457(e)(11)(B)(iii) of such Code is 1 amended by striking ‘‘415(d)’’ and inserting ‘‘415(d) 2 (without regard to paragraph (5) thereof)’’. 3 (9) Section 457(e)(15)(B) of such Code is 4 amended by striking ‘‘415(d)’’ and inserting ‘‘415(d) 5 (without regard to paragraph (5) thereof)’’. 6 (10) Section 505(b)(7) of such Code is amend- 7 ed by striking ‘‘401(a)(17)(B)’’ and inserting 8 ‘‘401(a)(17)(B) (without regard to section 9 401(a)(17)(C))’’. 10 (11) Section 664(g)(7)(B) of such Code is 11 amended by striking ‘‘415(d)’’ and inserting ‘‘415(d) 12 (without regard to paragraph (5) thereof)’’. 13 Subtitle I—Child Care for Workers 14 SEC. 9801. CHILD CARE ASSISTANCE. 15 (a) APPROPRIATION.— 16 (1) IN GENERAL.—Section 418(a)(3) of the So- 17 cial Security Act (42 U.S.C. 618(a)(3)) is amended 18 to read as follows: 19 ‘‘(3) APPROPRIATION.—For grants under this 20 section, there are appropriated $3,550,000,000 for 21 each fiscal year, of which— 22 ‘‘(A) $3,375,000,000 shall be available for 23 grants to States; 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00589 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 590 •HR 1319 RH ‘‘(B) $100,000,000 shall be available for 1 grants to Indian tribes and tribal organizations; 2 and 3 ‘‘(C) $75,000,000 shall be available for 4 grants to territories.’’. 5 (2) CONFORMING AMENDMENT.—Section 6 418(a)(2)(A) of such Act (42 U.S.C. 618(a)(2)(A)) 7 is amended by striking ‘‘paragraph (3), and remain- 8 ing after the reservation described in paragraph (4) 9 and’’ and inserting ‘‘paragraph (3)(A),’’. 10 (b) SUSPENSION OF STATE MATCH REQUIREMENT 11 IN FISCAL YEARS 2021 AND 2022.—With respect to the 12 amounts made available by section 418(a)(3)(A) of the So- 13 cial Security Act for each of fiscal years 2021 and 2022, 14 section 418(a)(2)(C) of such Act shall be applied and ad- 15 ministered with respect to any State that is entitled to 16 receive the entire amount that would be allotted to the 17 State under section 418(a)(2)(B) of such Act for the fiscal 18 year in the absence of this section, as if the Federal med- 19 ical assistance percentage for the State for the fiscal year 20 were 100 percent. 21 (c) FUNDING FOR THE TERRITORIES.—Section 22 418(a)(4) of such Act (42 U.S.C. 618(a)(4)) is amended 23 to read as follows: 24 ‘‘(4) TERRITORIES.— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00590 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 591 •HR 1319 RH ‘‘(A) GRANTS.—The Secretary shall use 1 the amounts made available by paragraph 2 (3)(C) to make grants to the territories under 3 this paragraph. 4 ‘‘(B) ALLOTMENTS.—The amount de- 5 scribed in subparagraph (A) shall be allotted 6 among the territories in proportion to the share 7 of each territory of the total of the amounts 8 payable to the territories under the Child Care 9 and Development Block Grant Act of 1990 for 10 the then most recent fiscal year. 11 ‘‘(C) REDISTRIBUTION.—The 1st sentence 12 of clause (i) and clause (ii) of paragraph (2)(D) 13 shall apply with respect to the amounts allotted 14 to the territories under this paragraph, except 15 that the 2nd sentence of paragraph (2)(D) shall 16 not apply and the amounts allotted to the terri- 17 tories that are available for redistribution for a 18 fiscal year shall be redistributed to each terri- 19 tory that applies for the additional amounts, to 20 the extent that the Secretary determines that 21 the territory will be able to use the additional 22 amounts to provide child care assistance, in an 23 amount that bears the same ratio to the 24 amount so available for redistribution as the 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00591 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 592 •HR 1319 RH amount allotted to the territory for the fiscal 1 year bears to the total amount allotted to all 2 the territories receiving redistributed funds 3 under this paragraph for the fiscal year. 4 ‘‘(D) INAPPLICABILITY OF PAYMENT LIMI- 5 TATION.— Section 1108(a) shall not apply with 6 respect to any amount paid under this para- 7 graph. 8 ‘‘(E) APPLICATION OF CHILD CARE AND 9 DEVELOPMENT BLOCK GRANT ACT OF 1990.— 10 Subsection (c) shall apply with respect to any 11 amount paid under this paragraph. 12 ‘‘(F) TERRITORY.—In this paragraph, the 13 term ‘territory’ means the Commonwealth of 14 Puerto Rico, the United States Virgin Islands, 15 Guam, American Samoa, and the Common- 16 wealth of the Northern Mariana Islands.’’. 17 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00592 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00593 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS Union Calendar No. 1 117TH CONGRESS 1ST SESSION H. R. 1319 [Report No. 117–7] A BILL To provide for reconciliation pursuant to title II of S. Con. Res. 5. FEBRUARY 24, 2021 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00594 Fmt 6651 Sfmt 6651 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS
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