Congressional Record, Vol. 167, No. 37, House, February 26, 2021 — American Rescue Plan
- Date
- 2021-02-26
Summary
The Congressional Record, Vol. 167, No. 37, for Friday, February 26, 2021, 117th Congress, First Session. It notes that the Senate was not in session and records that the House met at 9 a.m., called to order by the Speaker pro tempore, Mr. Cuellar. One-minute speeches on COVID relief follow: Mr. Takano, Ms. Kuster, Mrs. McBath and Mr. Crow speak in support of the American Rescue Plan, while Mr. Hern, Mr. Allen and Mr. Keller criticize the $1.9 trillion package, and Mr. Hagedorn speaks on PPP flexibility for farmers and ranchers. The record also shows Mr. Neguse offering amendments en bloc pursuant to House Resolution 147. It closes with debate on the American Rescue Plan, including time yielded to the Speaker of the House, Ms. Pelosi.
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Congressional Record
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117 th CONGRESS, FIRST SESSION
United States
of America PROCEEDINGS AND DEBATES OF THE
Vol. 167 WASHINGTON, FRIDAY, FEBRUARY 26, 2021 No. 37
Senate
The Senate was not in session today. Its next meeting will be held on Monday, March 1, 2021, at 3 p.m.
House of Representatives
FRIDAY, FEBRUARY 26, 2021
The House met at 9 a.m. and was such a time as this, may we risk our minute and to revise and extend his re-
called to order by the Speaker pro tem- partisan postures to stand together to marks.)
pore (Mr. CUELLAR). address the needs and welfare of our Mr. TAKANO. Mr. Speaker:
f compatriots. (English translation of the statement
It is in the strength of Your name we made in Spanish by Mr. TAKANO is as
DESIGNATION OF THE SPEAKER pray. follows:)
PRO TEMPORE Amen. The American people need our help.
The SPEAKER pro tempore laid be- That’s why Democrats have been
f
fore the House the following commu- fighting for more economic relief.
nication from the Speaker: THE JOURNAL President Biden’s stimulus package
WASHINGTON, DC, The SPEAKER pro tempore. Pursu- will help the people who need it the
February 26, 2021. ant to section 5(a)(1)(A) of House Reso- most and it will make investments to
I hereby appoint the Honorable HENRY lution 8, the Journal of the last day’s improve vaccine distribution, to open
CUELLAR to act as Speaker pro tempore on proceedings is approved. our schools, and to support small busi-
this day. nesses.
NANCY PELOSI, f Thousands of families in my district
Speaker of the House of Representatives. are worried because they don’t know
PLEDGE OF ALLEGIANCE
f how they will pay their rent and the
The SPEAKER pro tempore. Will the Latino community has been the most
PRAYER gentlewoman from New Hampshire affected by this virus.
The Chaplain, the Reverend Margaret (Ms. KUSTER) come forward and lead We have to help everyone during
Grun Kibben, offered the following the House in the Pledge of Allegiance. these difficult times and ensure that
prayer: Ms. KUSTER led the Pledge of Alle- the communities that have been most
To You, who is able to do more than giance as follows: affected have access to the vaccine.
we can ask or imagine, we come asking I pledge allegiance to the Flag of the Congress must approve this legisla-
You to do the unimaginable in the face United States of America, and to the Repub- tive package immediately. There is not
of the devastation that the COVID pan- lic for which it stands, one nation under God,
time to waste.
demic has wrought on our country. indivisible, with liberty and justice for all.
El pueblo americano necesita ayuda.
Holy God, enable us to wield care- f Es por eso que los Demócratas
fully the power You have entrusted to estamos luchando por mas ayuda
ANNOUNCEMENT BY THE SPEAKER
us. As we work to provide relief to the económica. El paquete de estimulo
PRO TEMPORE
unemployed and to aid small busi- económico del presidente Biden
nesses struggling to survive, help us to The SPEAKER pro tempore. The ayudará a las personas que mas lo
be singular in our purpose, not dis- Chair will entertain up to five requests necesitan y hará inversiones para
tracted by special interests. May we be for 1-minute speeches on each side of mejorar la distribución de las vacunas,
wise in how we use this opportunity to the aisle. para abrir nuestras escuelas, y para
make a difference in the lives of Amer- f apoyar a los pequeños negocios.
icans and responsible to the scarce and Miles de familias en mi distrito
precious resources entrusted to us. THE AMERICAN PEOPLE NEED tienen angustia porque no saben como
On this day of Purim in the Jewish OUR HELP van a pagar su renta. Y la comunidad
tradition, maybe it will take a miracle (Mr. TAKANO asked and was given latina ha sido la más afectada por este
for us to come to consensus. But at permission to address the House for 1 virus.
b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m.
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Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.
H735
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H736 CONGRESSIONAL RECORD — HOUSE February 26, 2021
Tenemos que ayudar a todos durante ated our ability to deliver lifesaving For our children and families who
estos tiempos difı́ciles y asegurarnos vaccines and put an end to this pan- have been practicing distance learning,
que las comunidades mas afectadas demic, a bill that invests in our schools this bill provides over $125 billion to
tengan acceso a la vacuna. allowing our children and teachers to safely reopen our schools and protect
El Congreso debe aprobar este safely return to in-person learning, and our teachers and students.
paquete legislativo inmediatamente. a bill that provides vital economic re- For businesses who have been hit
No hay tiempo que perder. lief to American families who need our hard, this bill includes increased fund-
The SPEAKER pro tempore. The gen- support. ing for economic injury disaster loans.
tleman from California will provide a Mr. Speaker, I urge our colleagues to For the one in seven Americans who
translation of his remarks to the vote ‘‘yes.’’ are struggling with food insecurity,
Clerk. f this bill increases monthly SNAP bene-
f fits so they do not go hungry. And for
COVID RELIEF the good of the country, this bill ramps
COVID RELIEF
(Mr. ALLEN asked and was given up funding for the manufacture and
(Mr. HERN asked and was given per- permission to address the House for 1 distribution of the vaccine.
mission to address the House for 1 minute.) Mr. Speaker, I urge my colleagues to
minute and to revise and extend his re- Mr. ALLEN. Mr. Speaker, here we go support this legislation.
marks.) again. I am disappointed to say that f
Mr. HERN. Mr. Speaker, last year, my Democrat colleagues refuse to ne-
every single COVID relief package PARTISAN PRIORITIES
gotiate on legislation to provide tar-
passed with bipartisan support and bi- geted, temporary COVID–19 relief to (Mr. KELLER asked and was given
partisan input. This is not happening the American people. permission to address the House for 1
today because the majority has chosen Let’s be clear. Only 9 percent of this minute.)
to abandon their calls for unity with- $1.9 trillion package being advanced Mr. KELLER. Mr. Speaker, since the
out even making an effort. Sadly, it is goes toward pandemic-related ex- start of the pandemic, the Federal Gov-
the American people who will bear the penses, and it is riddled with partisan ernment has taken historic steps to
burden of this decision. priorities unrelated to the pandemic, provide nearly $4 trillion in financial
Components of this package were and public health assistance to the
including a $15 minimum wage require-
shoved through committees on strictly American people with one goal in
ment that will destroy 1.4 million
partisan lines. One of my amendments mind: defeating the virus and getting
starting jobs; $350 billion in blue State
asking that we prohibit taxpayer dol- our country back to normal.
bailouts while leaving behind States
lars from going to people illegally in Unfortunately, President Biden and
like Georgia; funding for a Silicon Val-
our country passed the Senate with Washington Democrats’ latest $1.9 tril-
ley underground tunnel; and much
broad bipartisan support, but was re- lion stimulus package focuses more on
more.
jected without a single Democratic fulfilling partisan priorities than com-
Throughout this whole process, my
vote in our committee. bating COVID–19. Only 9 percent of
Democrat colleagues have rejected
I know from experience that a hard- their legislation goes to public health
prioritizing reopening our schools, de-
earned paycheck is infinitely more val- spending, while the other 91 percent
spite the CDC stating that schools can
uable than anything from the unem- can be tied to political items unrelated
safely reopen with proper precautions.
ployment office. We need to put Ameri- to the pandemic.
Some of our students haven’t seen the
cans back to work, make America tired How can any Member of Congress
inside of a classroom in a year. But
again. That means we cannot who calls this legislation COVID relief
partisan priorities are apparently more
incentivize workers to stay out of the look their constituents in the eye and
important.
workforce. justify billions in wasteful spending to
Let’s not waste any more taxpayer Let’s not forget that nearly $1 tril-
foreign governments, bailouts, and lib-
dollars than we have to. lion remains unspent from previous re-
eral pet projects?
Getting our students back in the lief packages. So let’s stop calling it Rather than borrowing trillions of
classrooms should be a top priority for COVID relief when this package is dollars to spend on liberal wish list
everyone here. Not only does this bill clearly just a payout to Progressive items while more than $1 trillion in
not help return students to the class- priorities. previously allocated COVID relief dol-
room, most of the education funds are It is time to end this nonsense be- lars remain unspent, Congress should
not even allocated until 2022. cause the American people are no work on a bill that provides temporary
There is a lot we can do together, but longer fooled. and targeted relief tied to COVID–19.
I fear a one-sided process will leave f Mr. Speaker, the latest stimulus
millions of Americans unaccounted for COVID RELIEF package fails on each account, and for
in this relief package. that reason, we should all be voting
(Ms. KUSTER asked and was given
f ‘‘no’’ on this measure.
permission to address the House for 1
COVID RELIEF f
minute.)
(Mrs. MCBATH asked and was given Ms. KUSTER. Mr. Speaker, today, I COVID RELIEF
permission to address the House for 1 rise in strong support of the American (Mr. CROW asked and was given per-
minute and to revise and extend her re- Rescue Plan Act, bold and desperately mission to address the House for 1
marks.) needed legislation to crush the COVID– minute and to revise and extend his re-
Mrs. MCBATH. Mr. Speaker, I rise 19 pandemic and bolster our economic marks.)
today in support of the American Res- recovery. Mr. CROW. Mr. Speaker, I rise in sup-
cue Plan Act. This week, we hit an- As our Nation mourns over 500,000 port of the American Rescue Plan. We
other tragic milestone, and our Nation Americans who have lost their lives cannot grow numb to the pain and dev-
has now lost over half a million people due to this terrible virus, we must act astation the COVID pandemic brought
to this virus. It is difficult to com- decisively and with great purpose to this past year.
prehend the sheer magnitude of those support our families and communities Mr. Speaker, 500,000 Americans are
we have lost, but we cannot become that are struggling. The American Res- dead. Millions have lost their jobs and
numb to the sorrow so many now feel. cue Plan delivers on this need, pro- can’t find meaningful employment.
Each person leaves behind their story viding $1,400 relief checks to Americans Children, including my own, have had
who are hurting financially.
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of life, love, and humanity. Each to adapt to online learning. Millions of
human being leaves behind a family For the nearly 16 million Americans small businesses are struggling to keep
grieving the loss of a parent, a sibling, who have lost their jobs during the the lights on.
or a spouse. pandemic, this bill extends critical un- Folks in Colorado want to get this
This is why we must pass the Amer- employment benefits so they can get done. In fact, over 70 percent of Ameri-
ican Rescue Plan, a bill that acceler- back on their feet. cans want to get this done, and there
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H737
are very few things more bipartisan in the wealthiest country on Earth. By controlled by the proponent and an op-
than that. They want it fixed, and they passing an expanded Child Tax Credit, ponent, may be withdrawn by the pro-
want it fixed now. we can bring millions of children above ponent at any time before the question
This bill is the first step to building the poverty line and put money in is put thereon, shall not be subject to
back better. It will support vaccine dis- their parents’ pockets. amendment, and shall not be subject to
tribution and research and provide re- By passing my legislation to increase a demand for division of the question.
lief to small businesses, schools, and and expand Federal unemployment in- It shall be in order at any time for
Coloradans who are out of work. So surance, we will provide critical relief the chair of the Committee on Natural
let’s get this done. to those who have lost their jobs in Resources or his designee to offer
Mr. Speaker, I urge my colleagues to this pandemic. amendments en bloc consisting further
vote in favor of the American Rescue So while we are working to recover amendments printed in part B of House
Plan. and rebuild, we must invest in the Report 117–6, not earlier disposed of.
f American people. Stop the lies and lis- Amendments en bloc shall be consid-
ten to your constituents. ered as read, shall be debatable for 20
NATIONAL FFA WEEK minutes equally divided and controlled
f
(Mr. ROSE asked and was given per- by the ranking minority member of the
mission to address the House for 1 b 0915 Committee on Natural Resources or
minute.) their respective designees, shall not be
PPP FLEXIBILITY FOR FARMERS
Mr. ROSE. Mr. Speaker, I proudly subject to amendment, and shall not be
AND RANCHERS
rise before you today in honor of Na- subject to a demand for division of the
tional FFA Week. (Mr. HAGEDORN asked and was question.
As an eighth-generation farmer and given permission to address the House AMENDMENTS EN BLOC NO. 1 OFFERED BY MR.
former member of the Future Farmers for 1 minute.) NEGUSE OF COLORADO
of America myself, I have seen first- Mr. HAGEDORN. Mr. Speaker, the Mr. NEGUSE. Mr. Speaker, Pursuant
hand the positive difference that FFA CARES Act allowed farmers and ranch- to House Resolution 147, I offer amend-
makes in the lives of students by devel- ers to apply for the Paycheck Protec- ments en bloc.
oping their potential for premier lead- tion Program by utilizing only net in- The SPEAKER pro tempore. The
ership, personal growth, and career come in their loan calculations. This Clerk will designate the amendments
success throughout agricultural edu- has prevented many agricultural part- en bloc.
cation. nerships from receiving the maximum Amendments en bloc No. 1 consisting
FFA members know that American loan amount possible. of amendment Nos. 1, 2, 4, 5, 6, 10, 12, 13,
agriculture truly is one of the best tra- My bipartisan bill that I have intro- 14, 18, 19, 20, 21, 22, 23, 24, and 28, print-
ditions of our national life and that duced today, the PPP Flexibility for ed in part B of House Report 117–6, of-
service to one’s community is a pillar Farmers and Ranchers Act, allows the fered by Mr. NEGUSE of Colorado:
use of gross income to calculate the AMENDMENT NO. 1 OFFERED BY MS. BARRAGÁN
of good leadership and citizenship.
loan and includes a retroactive provi- OF CALIFORNIA
I am confident that the future of our
sion to enable farm partnerships that At the end of the bill, add the following:
Nation’s agriculture is in good hands
initially used net income to recal- TITLE IX—OUTDOORS FOR ALL ACT
because it is being shaped by members
culate unforgiven PPP loans. SEC. 901. SHORT TITLE.
of the National FFA Organization.
Ag producers throughout the Nation This title may be cited as the ‘‘Outdoors
I wish a happy FFA Week to the for All Act’’.
28,000 members in my home State of have suffered greatly from historic
SEC. 902. DEFINITIONS.
Tennessee and to the 760,000 members drops in demand during the pandemic. In this title:
across the country. As we push to reopen our economy, we (1) ELIGIBLE ENTITY.—
f
must ensure that our farmers and (A) IN GENERAL.—The term ‘‘eligible enti-
ranchers have access to the resources ty’’ means—
COVID RELIEF needed to maintain operations through (i) a State;
(Mr. HORSFORD asked and was the end of the pandemic. (ii) a political subdivision of a State, in-
given permission to address the House I am grateful to my colleagues and cluding—
an array of national agricultural (I) a city; and
for 1 minute and to revise and extend
(II) a county;
his remarks.) groups who join me in this common-
(iii) a special purpose district, including
Mr. HORSFORD. Mr. Speaker, I rise sense effort to boost our farmers, park districts; and
in support of the expanded Child Tax ranchers, and agricultural economy. (iv) an Indian tribe (as defined in section 4
Credit and Federal unemployment as- I encourage Members to cosponsor of the Indian Self-Determination and Edu-
sistance included in the American Res- my bill. cation Assistance Act (25 U.S.C. 5304)).
cue Plan. f (B) POLITICAL SUBDIVISIONS AND INDIAN
In my State of Nevada and across the TRIBES.—A political subdivision of a State or
country, hardworking families are suf- COLORADO WILDERNESS ACT OF an Indian tribe shall be considered an eligi-
2021 ble entity only if the political subdivision or
fering. The United States has lost more Indian tribe represents or otherwise serves a
than 10 million jobs since the begin- The SPEAKER pro tempore. Pursu- qualifying urban area.
ning of this pandemic, with a particu- ant to clause 1(c) of rule XIX, further (2) OUTDOOR RECREATION LEGACY PARTNER-
larly devastating effect on women and consideration of the bill (H.R. 803) to SHIP GRANT PROGRAM.—The term ‘‘Outdoor
people of color. Americans need help, designate certain lands in the State of Recreation Legacy Partnership Grant Pro-
and they are counting on the Members Colorado as components of the Na- gram’’ means the program established under
of this body to deliver. tional Wilderness Preservation Sys- section 903(a).
tem, and for other purposes, will now (3) QUALIFYING URBAN AREA.—The term
Interestingly, my colleagues on the
‘‘qualifying urban area’’ means an area iden-
other side say this bill does not have resume. tified by the Census Bureau as an ‘‘urban
bipartisan support. The Clerk read the title of the bill. area’’ in the most recent census.
Whom are they listening to? The SPEAKER pro tempore. Each (4) SECRETARY.—The term ‘‘Secretary’’
Seventy-six percent of Americans further amendment printed in part B of means the Secretary of the Interior.
support this bill, including 60 percent House Report 117–6 not earlier consid- SEC. 903. GRANTS AUTHORIZED.
of Republicans. So I would urge my col- ered as part of amendments en bloc (a) IN GENERAL.—The Secretary shall es-
leagues on the other side to actually pursuant to section 3 of House Resolu- tablish an outdoor recreation legacy partner-
listen to their constituents and to de- tion 147, shall be considered only in the ship grant program under which the Sec-
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retary may award grants to eligible entities
liver on their behalf. order printed in the report, may be of-
for projects—
In just a 2-week period, more than 8 fered only by a Member designated in (1) to acquire land and water for parks and
million American children go hungry the report, shall be considered as read, other outdoor recreation purposes; and
because their families can’t afford shall be debatable for the time speci- (2) to develop new or renovate existing out-
enough to eat. That should not happen fied in the report equally divided and door recreation facilities.
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H738 CONGRESSIONAL RECORD — HOUSE February 26, 2021
(b) MATCHING REQUIREMENT.— AMENDMENT NO. 4 OFFERED BY MR. DEFAZIO OF ‘‘(2) Such other areas as the Secretary
(1) IN GENERAL.—As a condition of receiv- OREGON deems appropriate.’’.
ing a grant under subsection (a), an eligible At the end of the bill, add the following (3) By amending section 3(e)(2) to read as
entity shall provide matching funds in the new title: follows:
form of cash or an in-kind contribution in an TITLE IX—SOUTHWESTERN OREGON ‘‘(2) OTHER PROPERTY.—Within the bound-
amount equal to not less than 100 percent of WATERSHED AND SALMON PROTECTION aries of the park, the Secretary may acquire
the amounts made available under the grant. lands, improvements, waters, or interests
SEC. 901. SHORT TITLE.
(2) SOURCES.—The matching amounts re- therein, by donation, purchase, exchange or
This title may be cited as the ‘‘South-
ferred to in paragraph (1) may include transfer. Any lands, or interests therein,
western Oregon Watershed and Salmon Pro-
amounts made available from State, local, owned by the State of California or any po-
tection Act of 2021’’.
nongovernmental, or private sources. litical subdivision thereof, may be acquired
SEC. 902. WITHDRAWAL OF FEDERAL LAND,
SEC. 904. ELIGIBLE USES. CURRY COUNTY AND JOSEPHINE only by donation. When any tract of land is
(a) IN GENERAL.—A grant recipient may COUNTY, OREGON. only partly within such boundaries, the Sec-
use a grant awarded under this title— (a) DEFINITIONS.—In this section: retary may acquire all or any portion of the
(1) to acquire land or water that provides (1) ELIGIBLE FEDERAL LAND.—The term ‘‘el- land outside of such boundaries in order to
outdoor recreation opportunities to the pub- igible Federal land’’ means— minimize the payment of severance costs.
lic; and (A) any federally owned land or interest in Land so acquired outside of the boundaries
(2) to develop or renovate outdoor rec- land depicted on the Maps as within the Hun- may be exchanged by the Secretary for non-
reational facilities that provide outdoor ter Creek and Pistol River Headwaters With- Federal lands within the boundaries.’’.
recreation opportunities to the public, with drawal Proposal or the Rough and Ready and AMENDMENT NO. 6 OFFERED BY MR. GARAMENDI
priority given to projects that— Baldface Creeks Mineral Withdrawal Pro- OF CALIFORNIA
(A) create or significantly enhance access posal; or At the end of the bill, add the following:
to park and recreational opportunities in an (B) any land or interest in land located TITLE IX—MISCELLANEOUS
urban neighborhood or community; within such withdrawal proposals that is ac-
SEC. 901. SACRAMENTO-SAN JOAQUIN DELTA NA-
(B) engage and empower underserved com- quired by the Federal Government after the TIONAL HERITAGE AREA.
munities and youth; date of enactment of this Act. Section 6001(a)(4)(A) of the John D. Din-
(C) provide opportunities for youth em- (2) MAPS.—The term ‘‘Maps’’ means— gell, Jr. Conservation, Management, and
ployment or job training; (A) the Bureau of Land Management map Recreation Act (Public Law 116-9) is amend-
(D) establish or expand public-private part- entitled ‘‘Hunter Creek and Pistol River ed by adding at the end the following: ‘‘In
nerships, with a focus on leveraging re- Headwaters Withdrawal Proposal’’ and dated addition, the Sacramento-San Joaquin Delta
sources; and January 12, 2015; and National Heritage Area shall include the
(E) take advantage of coordination among (B) the Bureau of Land Management map area depicted as ‘Rio Vista/Expansion Area’
various levels of government. entitled ‘‘Rough and Ready and Baldface on the map entitled ‘Sacramento-San Joa-
(b) LIMITATIONS ON USE.—A grant recipient Creeks Mineral Withdrawal Proposal’’ and quin Delta National Heritage Area Proposed
may not use grant funds for— dated January 12, 2015. Boundary Expansion’ and dated February
(1) grant administration costs; (b) WITHDRAWAL.—Subject to valid existing
2021.’’
(2) incidental costs related to land acquisi- rights, the eligible Federal land is withdrawn
tion, including appraisal and titling; from all forms of— AMENDMENT NO. 10 OFFERED BY MR. KEATING OF
(3) operation and maintenance activities; (1) entry, appropriation, or disposal under MASSACHUSETTS
(4) facilities that support semiprofessional the public land laws; At the end of the bill, add the following:
or professional athletics; (2) location, entry, and patent under the TITLE IX—MISCELLANEOUS
(5) indoor facilities such as recreation cen- mining laws; and SEC. 901. CAPE COD NATIONAL SEASHORE ADVI-
ters or facilities that support primarily non- (3) operation under the mineral leasing and SORY COMMISSION.
outdoor purposes; or geothermal leasing laws. Effective September 26, 2018, section 8(a) of
(6) acquisition of land or interests in land (c) AVAILABILITY OF MAPS.—Not later than Public Law 87–126 (16 U.S.C. 459b–7(a)) is
that restrict access to specific persons. 30 days after the date of enactment of this amended in the second sentence by striking
SEC. 905. NATIONAL PARK SERVICE REQUIRE- Act, the Maps shall be made available to the ‘‘2018’’ and inserting ‘‘2028’’.
MENTS. public at each appropriate office of the Bu-
AMENDMENT NO. 12 OFFERED BY MR. LIEU OF
In carrying out the Outdoor Recreation reau of Land Management.
CALIFORNIA
Legacy Partnership Grant Program, the Sec- (d) EXISTING USES NOT AFFECTED.—Except
with respect to the withdrawal under sub- At the end of the bill, add the following:
retary shall—
(1) conduct an initial screening and tech- section (b), nothing in this section restricts TITLE IX—SANTA MONICA MOUNTAINS
nical review of applications received; and recreational uses, hunting, fishing, forest NATIONAL RECREATION AREA BOUND-
(2) evaluate and score all qualifying appli- management activities, or other authorized ARY ADJUSTMENT STUDY ACT
cations. uses allowed on the date of enactment of this SEC. 901. SHORT TITLE.
SEC. 906. REPORTING. Act on the eligible Federal land in accord- This title may be cited as the ‘‘Santa
ance with applicable law. Monica Mountains National Recreation Area
(a) ANNUAL REPORTS.—Not later than 30
days after the last day of each report period, AMENDMENT NO. 5 OFFERED BY MR. DESAULNIER Boundary Adjustment Study Act’’.
each State lead agency that receives a grant OF CALIFORNIA SEC. 902. RESOURCE STUDY OF THE LOS ANGE-
under this title shall annually submit to the At the end of the bill, add the following LES COASTAL AREA, CALIFORNIA.
Secretary performance and financial reports new title: (a) DEFINITIONS.—In this section:
that— TITLE IX—ROSIE THE RIVETER/WORLD (1) SECRETARY.—The term ‘‘Secretary’’
(1) summarize project activities conducted WAR II HOME FRONT NATIONAL HIS- means the Secretary of the Interior.
during the report period; and TORICAL PARK ADDITIONS (2) STUDY AREA.—The term ‘‘study area’’
(2) provide the status of the project. SEC. 901. ROSIE THE RIVETER/WORLD WAR II means the coastline and adjacent areas to
(b) FINAL REPORTS.—Not later than 90 days HOME FRONT NATIONAL HISTOR- the Santa Monica Bay from Will Rogers
after the earlier of the date of expiration of ICAL PARK ADDITIONS. State Beach to Torrance Beach, including
a project period or the completion of a (a) SHORT TITLE.—This Act may be cited as the areas in and around Ballona Creek and
project, each State lead agency that receives the ‘‘Rosie the Riveter National Historic the Baldwin Hills and the San Pedro section
a grant under this title shall submit to the Site Expansion Act’’. of the City of Los Angeles, excluding the
Secretary a final report containing such in- (b) ADDITIONS.—The Rosie the Riveter/ Port of Los Angeles north of Crescent Ave-
formation as the Secretary may require. World War II Home Front National Histor- nue.
AMENDMENT NO. 2 OFFERED BY MR. BROWN OF ical Park Establishment Act of 2000 (16 (b) SPECIAL RESOURCE STUDY.—
MARYLAND U.S.C. 410ggg et seq.) is amended as follows: (1) STUDY.—The Secretary shall conduct a
(1) In section 2(b), by adding at the end the special resource study of the study area.
At the end of the bill, insert the following: following: ‘‘Not later than 180 days after (2) CONTENTS.—In conducting the study
TITLE IX—MISCELLANEOUS areas are added to the park administratively under paragraph (1), the Secretary shall—
SEC. 901. PROMOTING HEALTH AND WELLNESS or by Federal law, the Secretary shall update (A) evaluate the national significance of
FOR VETERANS AND the map to include the added areas.’’. the study area;
SERVICEMEMBERS. (2) By adding at the end of section 2, the (B) determine the suitability and feasi-
The Secretary of the Interior and the Sec- following: bility of designating the study area as a unit
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retary of Agriculture are encouraged to en- ‘‘(c) ADDITIONAL AREAS INCLUDED.—In addi- of the National Park System;
sure servicemember and veteran access to tion to areas included under subsection (b), (C) consider other alternatives for preser-
public lands designated by this Act for the the park shall include the following: vation, protection, and interpretation of the
purposes of outdoor recreation and to par- ‘‘(1) The Nystrom Elementary School–The study area by the Federal Government,
ticipate in outdoor-related volunteer and Maritime Building, as listed on the National State or local government entities, or pri-
wellness programs. Register of Historic Places. vate and nonprofit organizations;
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H739
(D) consult with interested Federal agen- (B) for recreation and education; the Shenandoah Valley Battlefields National
cies, State or local governmental entities, (4) contains resources that— Historic District, or other area designated by
private and nonprofit organizations, or any (A) are important to any identified themes Federal statute with the explicit purpose of
other interested individuals; and of the study area; and establishing a national heritage area des-
(E) identify cost estimates for any Federal (B) retain a degree of integrity capable of ignated by Congress before or on the date of
acquisition, development, interpretation, op- supporting interpretation; enactment of this Act; and
eration, and maintenance associated with (5) includes residents, business interests, (B) each National Heritage Area designated
the alternatives. nonprofit organizations, and State, local, by Federal statute after the date of enact-
(3) APPLICABLE LAW.—The study required and Tribal governments, and other appro- ment of this Act, unless the law designating
under paragraph (1) shall be conducted in ac- priate entities that— the area exempts that area from the Na-
cordance with section 100507 of title 54, (A) are involved in the planning of the Her- tional Heritage Area System by specific ref-
United States Code. itage Area; erence to this title.
(4) REPORT.—Not later than 3 years after (B) have developed a conceptual financial (6) NATIONAL HERITAGE AREA SYSTEM.—The
the date on which funds are first made avail- plan that outlines the roles of all partici- term ‘‘National Heritage Area System’’
able for the study under paragraph (1), the pants in the Heritage Area, including the means the system of National Heritage
Secretary shall submit to the Committee on Federal Government; and Areas established by this title.
Natural Resources of the House of Rep- (C) have demonstrated support for the des- (7) SECRETARY.—The term ‘‘Secretary’’
resentatives and the Committee on Energy ignation of the Heritage Area; means the Secretary of the Interior.
and Natural Resources of the Senate a report (6) has a potential management entity to (8) STUDY AREA.—The term ‘‘study area’’
that describes— work in partnership with the individuals and means a specific geographic area that is the
(A) the results of the study; and entities described in paragraph (5) to develop subject of a feasibility study under section
(B) any conclusions and recommendations the Heritage Area while encouraging State 905.
of the Secretary. and local economic activity; and (9) TRIBAL GOVERNMENT.—The term ‘‘Tribal
AMENDMENT NO. 13 OFFERED BY MR. MCEACHIN (7) has a conceptual boundary map that is government’’ means the governing body of
OF VIRGINIA supported by the public. an Indian Tribe.
At the end of the bill, add the following: SEC. 904. REPORT. SEC. 903. NATIONAL HERITAGE AREA SYSTEM.
TITLE IX—GREAT DISMAL SWAMP Not later than 3 years after the date on (a) IN GENERAL.—In order to recognize cer-
NATIONAL HERITAGE AREA ACT which funds are first made available to carry tain areas of the United States that tell na-
SEC. 901. SHORT TITLE. out this title, the Secretary shall submit to tionally significant stories and to conserve,
This title may be cited as the ‘‘Great Dis- the Committee on Natural Resources of the enhance, and interpret the areas’ natural,
mal Swamp National Heritage Area Act’’. House of Representatives and the Committee historic, scenic, and cultural resources that
SEC. 902. DEFINITIONS.
on Energy and Natural Resources of the Sen- together illustrate significant aspects of our
In this title: ate a report that describes— country’s heritage, there is established a Na-
(1) HERITAGE AREA.—The term ‘‘Heritage (1) the findings of the study under section tional Heritage Area System through which
Area’’ means the Great Dismal Swamp Na- 3; and the Secretary may provide technical and fi-
tional Heritage Area. (2) any conclusions and recommendations nancial assistance to local coordinating enti-
(2) SECRETARY.—The term ‘‘Secretary’’ of the Secretary. ties to support the establishment, develop-
means the Secretary of the Interior. AMENDMENT NO. 14 OFFERED BY MR. MCKINLEY ment, and continuity of National Heritage
(3) STATES.—The term ‘‘States’’ means the OF WEST VIRGINIA Areas.
States of Virginia and North Carolina. At the end of the bill, add the following (b) NATIONAL HERITAGE AREA SYSTEM.—
(4) STUDY AREA.—The term ‘‘study area’’ new title: The National Heritage Area System shall be
means— composed of all National Heritage Areas.
TITLE IX—NATIONAL HERITAGE AREA (c) RELATIONSHIP TO THE NATIONAL PARK
(A) the cities of Chesapeake, Norfolk, SEC. 901. SHORT TITLE.
Portsmouth, and Suffolk in the State of Vir- SYSTEM.—
This title may be cited as the ‘‘National (1) RELATIONSHIP TO NATIONAL PARK
ginia;
Heritage Area Act of 2021’’. UNITS.—The Secretary shall encourage par-
(B) Isle of Wight County in the State of
Virginia; SEC. 902. DEFINITIONS. ticipation and assistance by any unit of the
(C) Camden, Currituck, Gates, and In this title: National Park System located near or en-
Pasquotank counties in the State of North (1) FEASIBILITY STUDY.—The term ‘‘feasi- compassed by any National Heritage Area in
Carolina; and bility study’’ means a study conducted by local initiatives for that National Heritage
(D) any other areas in the States that— the Secretary, or conducted by one or more Area that conserve and interpret resources
(i) have heritage aspects that are similar other interested parties and reviewed and ap- consistent with an approved management
to the areas described in subparagraphs (A), proved by the Secretary, in accordance with plan for the National Heritage Area.
(B), or (C); and the criteria and processes required by sec- (2) APPLICABILITY OF LAWS.—National Her-
(ii) are adjacent to, or in the vicinity of, tion 905, to determine whether a study area itage Areas shall not be—
those areas. meets the criteria to be designated by Fed- (A) considered to be units of the National
SEC. 903. STUDY. eral statute as a National Heritage Area. Park System; or
(2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ (B) subject to the authorities applicable to
(a) IN GENERAL.—The Secretary, in con-
sultation with State and local organizations means any Indian or Alaska Native tribe, units of the National Park System.
and governmental agencies, Tribal govern- band, nation, pueblo, village, or other com- SEC. 904. NATIONAL HERITAGE AREA SYSTEM
munity the name of which is included on the MANAGEMENT.
ments, non-profit organizations, and other
appropriate entities, shall conduct a study to list most recently published by the Sec- (a) MANAGEMENT PLAN.—
assess the suitability and feasibility of desig- retary of the Interior pursuant to section 104 (1) IN GENERAL.—Not later than 3 years
nating the study area as a National Heritage of the Federally Recognized Indian Tribe after a National Heritage Area is included in
Area, to be known as the ‘‘Great Dismal List Act of 1994 (25 U.S.C. 5131). the National Heritage Area System outlined
Swamp National Heritage Area’’. (3) LOCAL COORDINATING ENTITY.—The term by this title, the local coordinating entity of
(b) REQUIREMENTS.—The study shall in- ‘‘local coordinating entity’’ means the entity the National Heritage Area shall submit to
clude analysis, documentation, and deter- designated by Federal statute to— the Secretary for approval a management
minations on whether the study area— (A) carry out, in partnership with other in- plan for the National Heritage Area.
(1) has an assemblage of natural, historic, dividuals and entities, the management plan (2) REQUIREMENTS.—The management plan
and cultural resources that— for a National Heritage Area; and shall—
(A) represent distinctive aspects of the (B) operate a National Heritage Area, in- (A) incorporate an integrated and coopera-
people and cultures of the United States; cluding through the implementation of tive approach for the protection, enhance-
(B) are worthy of recognition, conserva- projects and programs among diverse part- ment, and interpretation of the natural, cul-
tion, interpretation, and continuing use; and ners in a National Heritage Area. tural, historic, scenic, and recreational re-
(C) would be best managed— (4) MANAGEMENT PLAN.—The term ‘‘man- sources of the National Heritage Area;
(i) through partnerships among public and agement plan’’ means the management plan (B) be developed using a comprehensive
private entities; and for a National Heritage Area required under planning approach that includes—
(ii) by linking diverse and sometimes non- this title. (i) opportunities for stakeholders, includ-
contiguous resources and active commu- (5) NATIONAL HERITAGE AREA.—The term ing community members, local and regional
nities; ‘‘National Heritage Area’’ means— governments, Tribal governments, busi-
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(2) reflects traditions, customs, beliefs, and (A) each National Heritage Area, National nesses, nonprofit organizations, and other in-
folklife that are a valuable part of the story Heritage Corridor, Natural Preservation terested parties—
of the United States; Commission, National Heritage Canalway, (I) to be involved in the planning process;
(3) provides outstanding opportunities— National Heritage Route, Heritage Corridor, and
(A) to conserve natural, historic, cultural, Cultural Heritage Corridor, Heritage Part- (II) to review and comment on draft man-
or scenic features; and nership, and National Heritage Partnership, agement plans; and
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H740 CONGRESSIONAL RECORD — HOUSE February 26, 2021
(ii) documentation of the planning and (ii) achieving the goals and objectives of (iii) would be best managed—
public participation processes, including a the approved management plan for the Na- (I) through partnerships among public and
description of— tional Heritage Area; private entities; and
(I) the means by which the management (B) analyze the Federal, Tribal, State, (II) by linking diverse and sometimes non-
plan was prepared; local, and private investments in the Na- contiguous resources;
(II) the stakeholders involved in the proc- tional Heritage Area to assess the impact of (B) reflects traditions, customs, beliefs,
ess; and the investments; and and folklife that are a valuable part of the
(III) the timing and method of stakeholder (C) review the management structure, story of the United States;
involvement; partnership relationships, and funding of the (C) provides outstanding opportunities—
(C) include— National Heritage Area. (i) to conserve natural, historic, cultural,
(i) an inventory of— (3) RESULTS OF EVALUATION.—Based upon or scenic features; and
(I) the resources located in the National the evaluation under paragraph (1), the Sec- (ii) for recreation and education;
Heritage Area; and retary shall prepare a report with rec- (D) contains resources that—
(II) any other property in the National ommendations for the National Park Serv- (i) are important to any identified themes
Heritage Area that— ice’s continued role, if any, with respect to of the study area; and
(aa) is related to the themes of the Na- the National Heritage Area. If the report rec- (ii) retain a degree of integrity capable of
tional Heritage Area; and ommends that Federal funding for the Na- supporting interpretation;
(bb) should be preserved, restored, man- tional Heritage Area be— (E) includes Tribal governments, residents,
aged, or maintained because of the signifi- (A) continued, the report shall include an business interests, nonprofit organizations,
cance of the property; analysis of— and State and local governments that—
(ii) comprehensive policies, strategies and (i) ways in which Federal funding for the (i) are involved in the planning of the
recommendations for the conservation, fund- National Heritage Area may be reduced or study area;
ing, management, and development of the eliminated over time; (ii) have developed a conceptual financial
National Heritage Area; (ii) the appropriate time period necessary plan that outlines the roles of all partici-
(iii) a description of actions that the Fed- to achieve the recommended reduction or pants in the study area, including the Fed-
eral, Tribal, State, and local governments, elimination; and eral Government; and
private organizations, and individuals have (iii) justification for the continued funding (iii) have demonstrated support for the des-
agreed to take to protect the natural, histor- in light of other National Park Service core ignation of the study area;
ical, cultural, scenic, and recreational re- responsibilities and priorities; or (F) has a potential local coordinating enti-
sources of the National Heritage Area; (B) eliminated, the report shall include a ty to work in partnership with the individ-
(iv) a program of implementation for the description of potential impacts on conserva- uals and entities described in paragraph (1)
management plan by the local coordinating tion, interpretation, and sustainability of to develop the study area while encouraging
entity that includes a description of— the National Heritage Area. State and local economic activity; and
(I) actions to facilitate ongoing collabora- (4) UPDATES; ADDITIONAL EVALUATIONS.— (G) has a conceptual boundary map that is
tion among partners to promote plans for re- (A) UPDATES.—The Secretary may satisfy supported by the public.
source protection, restoration, and construc- the requirement under paragraph (1) for a (b) REPORT.—
tion; and National Heritage Area by updating an eval- (1) IN GENERAL.—For each study carried
(II) specific commitments for implementa- uation that was completed for that National out under subsection (a), the Secretary shall
tion that have been made by the local co- Heritage Area not more than 5 years before submit to the Committee on Natural Re-
ordinating entity or any government, orga- another evaluation would otherwise be re- sources of the House of Representatives and
nization, or individual for the first 5 years of quired under paragraph (1). the Committee on Energy and Natural Re-
operation; (B) ADDITIONAL EVALUATIONS.—The Sec- sources of the Senate a report that de-
(v) the identification of sources of funding retary may conduct additional evaluations scribes—
for carrying out the management plan; as the Secretary deems appropriate. (A) the findings of the study described in
(vi) analysis and recommendations for (c) COORDINATION.—The head of any Fed- subsection (a) for that study area; and
means by which Federal, Tribal, State, and eral agency planning to conduct activities (B) any conclusions and recommendations
local programs, including the role of the Na- that may have an impact on a designated of the Secretary.
tional Park Service in the National Heritage National Heritage Area is encouraged to con- (2) TIMING.—
Area, may best be coordinated to carry out sult and coordinate these activities with the (A) With respect to a study carried out by
this subsection; and Secretary and the local coordinating entity the Secretary in accordance with paragraph
(vii) an interpretive plan for the National to the maximum extent practicable. (2)(A)(i), the Secretary shall submit a report
Heritage Area; and SEC. 905. STUDY AREAS. under subparagraph (A) not later than 3
(D) recommend policies and strategies for (a) FEASIBILITY STUDIES.— years after the date on which funds are first
resource management that consider and de- (1) IN GENERAL.—The Secretary may carry made available to carry out the study.
tail the application of appropriate land and out or certify a study to assess the suit- (B) With respect to a study carried out by
water management techniques, including the ability and feasibility of designating a spe- interested individuals or entities in accord-
development of intergovernmental and inter- cific geographic area as a National Heritage ance with paragraph (2)(A)(ii), the Secretary
agency cooperative agreements to protect Area to be included in the National Heritage shall submit a report under subparagraph (A)
the natural, historical, cultural, educational, Area System. not later than 180 days after the date on
scenic, and recreational resources of the Na- (2) PREPARATION.—The feasibility study which the Secretary certifies under para-
tional Heritage Area. shall be carried out— graph (2)(B) that the study meets the re-
(3) EXCEPTIONS.—The requirements in para- (A) by the Secretary in consultation with quirements of paragraph (3).
graph (2) shall not apply to management Tribal, State, and local historic preservation SEC. 906. LOCAL COORDINATING ENTITIES.
plans in effect on the date of the enactment officers, State and local historical societies, (a) DUTIES.—For any year that Federal
of this Act. State and local tourism offices, and other ap- funds have been made available under this
(b) EVALUATIONS.— propriate organizations and governmental title for a National Heritage Area, the local
(1) IN GENERAL.—Not later than 1 year be- agencies; or coordinating entity for that National Herit-
fore the authorization for Federal funding (B) by interested individuals or entities, if age Area shall—
expires for a National Heritage Area, the the Secretary certifies that the completed (1) submit to the Secretary an annual re-
Secretary shall— study meets the requirements of paragraph port that describes the activities, expenses,
(A) conduct an evaluation of the accom- (4). and income of the local coordinating entity
plishments of that National Heritage Area; (3) CERTIFICATION.—Not later than 1 year (including grants to any other entities dur-
and after receiving a study carried out by inter- ing the year that the report is made);
(B) prepare and submit a report detailing ested individuals or entities under paragraph (2) make available to the Secretary for
the evaluation required by subparagraph (A) (2)(B) the Secretary shall review and certify audit all records relating to the expenditure
to— whether the study meets the requirements of of Federal funds and any matching funds;
(i) the Committee on Natural Resources of paragraph (4). and
the House of Representatives; and (4) REQUIREMENTS.—A study under para- (3) require, with respect to all agreements
(ii) the Committee on Energy and Natural graph (1) shall include analysis, documenta- authorizing expenditure of Federal funds by
Resources of the Senate. tion, and determination on whether the other organizations, that the organizations
(2) EVALUATION COMPONENTS.—An evalua- study area— receiving the funds make available to the
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tion prepared under paragraph (1) shall— (A) has an assemblage of natural, historic, Secretary for audit all records concerning
(A) assess the progress of the local coordi- and cultural resources that— the expenditure of the funds.
nating entity with respect to— (i) represent distinct aspects of the herit- (b) AUTHORITIES.—The local coordinating
(i) accomplishing the purposes of the au- age of the United States; entity may, subject to the prior approval of
thorizing legislation for the National Herit- (ii) are worthy of recognition, conserva- the Secretary, for the purposes of preparing
age Area; and tion, interpretation, and continuing use; and and implementing the approved management
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H741
plan for the National Heritage Area, use Fed- (9) enlarge or diminish the treaty rights of TITLE IX—CASA GRANDE RUINS NA-
eral funds made available through this title any Indian Tribe within the National Herit- TIONAL MONUMENT BOUNDARY MODI-
to— age Area. FICATION
(1) make grants to Indian Tribes, a State, SEC. 908. AUTHORIZATION OF APPROPRIATIONS. SEC. 901. SHORT TITLE.
a local government, nonprofit organizations, This title may be cited as the ‘‘Casa
and other parties within the National Herit- (a) IN GENERAL.—Notwithstanding any Grande Ruins National Monument Boundary
age Area; other provision of law, for each of fiscal Modification Act of 2021’’.
(2) enter into cooperative agreements with years 2022 through 2037, there is authorized SEC. 902. FINDINGS.
or provide technical assistance to the Indian to be appropriated not more than $750,000 for Congress finds that—
Tribes, State, a local government, nonprofit each National Heritage Area. (1) Casa Grande Ruin Reservation was—
organizations, Federal agencies, and other (b) AVAILABILITY.—Amounts made avail- (A) set aside on March 2, 1889;
interested parties; able under subsection (a) shall remain avail- (B) proclaimed as the first archaeological
(3) hire and compensate staff, which may able until expended. preserve in the United States on June 22,
include individuals with expertise in natural, (c) COST-SHARING REQUIREMENT.— 1892; and
cultural, and historic resources conserva- (1) FEDERAL SHARE.—Notwithstanding any (C) redesignated as the ‘‘Casa Grande
tion; economic and community development; other provision of law, including any law Ruins National Monument’’ on August 3,
and heritage planning; designating a National Heritage Area, the 1918;
(4) obtain money or services, including Federal share of the total cost of any activ- (2) the Casa Grande Ruins National Monu-
those provided under other Federal laws or ity funded with appropriations authorized by ment protects 1 of the finest architectural
programs; subsection (a) shall not be more than 50 per- examples of 14th century Hohokam culture
(5) contract for goods or services; and cent. in the Southwest, which was known to early
(6) support activities of partners and any (2) FORM OF NON-FEDERAL SHARE.—The non- Spanish explorers as the ‘‘Great House’’;
other activities that further the purposes of Federal share of the total cost of any activ- (3) Casa Grande is only part of the story of
the National Heritage Area and are con- ity funded with appropriations authorized by an ancient town that may have covered 2
sistent with the approved management plan. subsection (a) may be in the form of in-kind square miles; and
(c) PROHIBITIONS ON THE ACQUISITION OF contributions of goods or services fairly val- (4) recent surveys and research have deter-
REAL PROPERTY.—The local coordinating en- ued. mined that the area of the Great House and
tity may not use Federal funds received (3) EXCEPTION.—Notwithstanding section the village surrounding the Great House ex-
under this title to acquire real property or tends beyond the existing boundary of the
909(b), for each National Heritage Area es-
any interest in real property. Casa Grande Ruins National Monument.
tablished before the date of the enactment of
(d) HERITAGE AREA COMMISSIONS.— SEC. 903. DEFINITIONS.
this Act without a non-Federal cost share re-
(1) Section 804(j) of division B of H.R. 5666 quirement or with a non-Federal cost share In this title:
(Appendix D) as enacted into law by section requirement of less than 50 percent— (1) BIA LAND.—The term ‘‘BIA land’’ means
1(a)(4) of Public Law 106–554 (54 U.S.C. 320101 the approximately 7.41 acres of Federal land
(A) the non-Federal cost share require-
note; 114 Stat. 2763, 2763A– 295; 123 Stat. 1294; administered by the Bureau of Indian Af-
ment, or lack thereof, shall remain at the
128 Stat. 3802) is amended by striking ‘‘shall fairs, to be transferred to the administrative
previously enacted level for 2 full fiscal
terminate’’ and all that follows through the jurisdiction of the National Park Service, as
years after the date of the enactment of this
period and inserting ‘‘shall terminate on generally depicted on the map.
Act; and
September 30, 2034.’’. (2) BLM LAND.—The term ‘‘BLM land Par-
(B) after the period referred to in subpara-
(2) Section 295D(d) of Public Law 109–338 cel A’’ means the approximately 3.8 acres of
graph (A), the non-Federal cost share re-
(120 Stat. 1833; 130 Stat. 962) is amended by Federal land administered by the Bureau of
quirement shall increase by 10 percent annu-
striking ‘‘shall terminate’’ and all that fol- Land Management, for which administrative
ally until the non-Federal share is consistent
lows through the period and inserting ‘‘shall jurisdiction is to be transferred to the Na-
with paragraph (1). tional Park Service, as generally depicted on
terminate on September 30, 2034.’’.
(d) AUTHORITY TO PROVIDE ASSISTANCE.— the map.
SEC. 907. PROPERTY OWNERS AND REGULATORY
Notwithstanding any other provision of law, (3) BLM LAND PARCEL B.—The term ‘‘BLM
PROTECTIONS.
the Secretary may provide assistance to a land parcel B’’ means the approximately 3.7
Nothing in this title shall be construed National Heritage Area during any fiscal acres of Federal land administered by the
to— year for which appropriations are authorized Bureau of Land Management for which ad-
(1) abridge the rights of any property under subsection (a). ministrative jurisdiction is to be transferred
owner, whether public or private, including
SEC. 909. STATUTORY CLARIFICATION. to the Bureau of Indian Affairs, as generally
the right to refrain from participating in any
depicted on the map.
plan, project, program, or activity conducted (a) AUTHORIZATION LIMITATIONS.—Any pro- (3) MAP.—The term ‘‘map’’ means the map
within the National Heritage Area; vision of law enacted before the date of the entitled ‘‘Casa Grande Ruins National Monu-
(2) require any property owner to permit enactment of this Act that provides for a ment Proposed Boundary Adjustment’’, num-
public access (including Federal, Tribal, termination, expiration, or other time limi- bered 303–120,734B, and dated June 2020.
State, or local government access) to such tation on the authorization for a National (5) MONUMENT.—The term ‘‘Monument’’
property or to modify any provisions of Fed- Heritage Area is hereby superceded and shall means the Casa Grande Ruins National
eral, Tribal, State, or local law with regard have no effect. Monument in the State.
to public access or use of private lands;
(b) FUNDING LIMITATIONS.—Any provision (6) NPS LAND.—The term ‘‘NPS land’’
(3) alter any duly adopted land use regula-
of law enacted before the date of the enact- means the approximately 3.5 acres of Federal
tion or any approved land use plan or any
ment of this Act that provides for a termi- land administered by the National Park
other regulatory authority of any Federal,
nation, expiration, or other limitation on Service, for which administrative jurisdic-
Tribal, or State, or local government, or to
the time or amount of an authorization of tion is to be transferred to the Bureau of In-
convey any land use or other regulatory au-
appropriations for a National Heritage Area dian Affairs, as generally depicted on the
thority to any local coordinating entity;
is hereby superceded and shall have no ef- map.
(4) authorize or imply the reservation or
fect. (7) SECRETARY.—The term ‘‘Secretary’’
appropriation of water or water rights;
(c) EVALUATIONS.—Any provision of law en- means the Secretary of the Interior.
(5) diminish the authority of the State to
acted before the date of the enactment of (6) STATE.—The term ‘‘State’’ means the
manage fish and wildlife including the regu-
this Act that requires the Secretary to con- State of Arizona.
lation of fishing and hunting within the Na-
duct an evaluation of or submit a report on SEC. 904. ACQUISITION AND TRANSFER OF AD-
tional Heritage Area; MINISTRATIVE JURISDICTION OVER
(6) create any liability, or have any effect the accomplishments of a National Heritage
CERTAIN LAND.
on any liability under any other law, of any Area is hereby superceded and shall have no
effect. (a) ACQUISITION OF LAND.—The Secretary
private property owner with respect to any may acquire by donation, exchange, or pur-
persons injured on such private property; (d) OTHER AUTHORITIES.—Any provision of chase with donated or appropriated funds,
(7) affect the authority of any Federal offi- law enacted before the date of the enactment from willing sellers only, lands or interests
cial to provide technical or financial assist- of this Act that provides for the establish- in land generally depicted on the map as
ance under any other law; ment, management, administration, oper- State land or private land, as generally de-
(8) modify any law or regulation author- ation, or otherwise affects a National Herit- picted on the map, to be administered as
izing Federal officials to manage Federal age Area and is not explicitly otherwise pro- part of the Monument.
land under their control or limit the discre- vided for in this title shall not be affected by (b) TRANSFER OF ADMINISTRATIVE JURISDIC-
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tion of Federal land managers to implement this title. TION.—
approved land use plans within the bound- (1) WITHDRAWAL.—The BIA land, BLM land
AMENDMENT NO. 18 OFFERED BY MR.
aries of a National Heritage Area, nor shall parcel A and BLM land parcel B are with-
O’HALLERAN OF ARIZONA
this title be construed to modify, alter, or drawn from—
amend any authorized uses of these Federal At the end of the bill, insert the following (A) all forms of entry, appropriation, and
lands; or new title: disposal under the public land laws;
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H742 CONGRESSIONAL RECORD — HOUSE February 26, 2021
(B) location, entry, and patent under the Monument established by Presidential Proc- to its confluence with Dolly Gordon Brook in
mining laws; and lamation 1911 (54 U.S.C. 320301 note; 46 Stat. York, Maine.
(C) operation of the mineral leasing and 3023) and redesignated by section 15 of the ‘‘(F) The approximately 2.43-mile segment
geothermal leasing laws and mineral mate- Smith River National Recreation Area Act of Rogers Brook from its headwaters in
rials laws. (Public Law 101–612; 104 Stat. 3222). Eliot, Maine, and extending downstream to
(2) TRANSFER OF ADMINISTRATIVE JURISDIC- (4) SECRETARY.—The term ‘‘Secretary’’ its confluence with the York River in York,
TION.— means the Secretary of the Interior, acting Maine.
(A) BLM LAND PARCEL A.—Administrative through the Director of the National Park ‘‘(G) The approximately 4.54-mile segment
jurisdiction over the BLM land parcel A is Service. of Smelt Brook from the Bell Marsh Res-
transferred from the Bureau of Land Man- SEC. 903. SUNSET CRATER VOLCANO NATIONAL ervoir dam in York, Maine, and extending
agement to the National Park Service. MONUMENT BOUNDARY MODIFICA- downstream to its confluence with the York
(B) BLM LAND PARCEL B.—Administrative TION. River in York, Maine.
jurisdiction over BLM land parcel B is trans- (a) BOUNDARY MODIFICATION.—The bound- ‘‘(H) The approximately 12.14-mile segment
ferred from the Bureau of Land Management ary of the Monument is modified to include of the York River from the outlet of York
to the Bureau of Indian Affairs. the Federal land. Pond in Eliot, Maine, and extending down-
(C) BIA LAND.—Administrative jurisdiction (b) MAP AVAILABILITY.—The Map shall be stream to the Route 103 Bridge in York,
over the BIA land is transferred from the Bu- on file and available for inspection in the ap- Maine, including Barrell Mill Pond in York,
reau of Indian Affairs to the National Park propriate offices of the National Park Serv- Maine.’’.
Service. ice. SEC. 903. MANAGEMENT OF YORK RIVER, MAINE
(D) NPS LAND.—Administrative jurisdic- (c) TRANSFER OF ADMINISTRATIVE JURISDIC- SEGMENTS.
tion over the NPS land is transferred from TION TO NATIONAL PARK SERVICE.—Adminis- (a) PROCESS.—
the National Park Service to the Bureau of trative jurisdiction over the Federal land is (1) IN GENERAL.—The York River, Maine
Indian Affairs. transferred from the Forest Service to the segments shall be managed in accordance
(c) ADMINISTRATION; BOUNDARY MODIFICA- National Park Service. with—
TION.—Upon the acquisition of land or an in- (d) ADMINISTRATION.—Subject to valid ex- (A) the stewardship plan; and
terest in land pursuant to subsection (a), and isting rights, the Secretary shall administer (B) such amendments to the stewardship
with respect to the lands transferred by sub- the Federal land added to the Monument plan as the Secretary determines are con-
section (b), the Secretary shall— under subsection (a)— sistent with this section and as are approved
(1) administer any acquired land or inter- (1) as part of the Monument; and by the Stewardship Committee.
est in land, and land transferred to the ad- (2) in accordance with applicable laws (in- (2) COMPREHENSIVE MANAGEMENT PLAN.—
ministrative jurisdiction of the National cluding regulations). The stewardship plan shall be considered to
Park Service, as part of the Monument, in AMENDMENT NO. 20 OFFERED BY MR. PANETTA satisfy the requirements for a comprehensive
accordance with the laws generally applica- OF CALIFORNIA management plan under section 3(d) of the
ble to units of the National Park System, in- At the end of the bill add the following: Wild and Scenic Rivers Act (16 U.S.C.
cluding applicable provisions of division A of 1274(d)).
subtitle I of title 54, United States Code; and TITLE IX—MISCELLANEOUS
(b) COMMITTEE.—The Secretary shall co-
(2) modify the boundary of the Monument SEC. 901. FIRE, INSECTS, AND DISEASES. ordinate management responsibilities under
to reflect the transfers of lands, and any ac- Nothing in this Act may be construed to this title with the Stewardship Committee,
quired lands or interests in lands. limit the authority of the Secretary of the as specified in the stewardship plan.
(d) AVAILABILITY OF MAP.—The map shall Interior or the Secretary of Agriculture (c) COOPERATIVE AGREEMENTS.—
be on file and available for inspection in the under section 4(d)(1) of the Wilderness Act (1) IN GENERAL.—In order to provide for the
appropriate offices of the National Park (16 U.S.C. 1133(d)(1)), in accordance with ex- long-term protection, preservation, and en-
Service, U.S. Department of the Interior. isting laws (including regulations). hancement of the York River, Maine seg-
(e) COMPENSATION.—Except in a case in AMENDMENT NO. 21 OFFERED BY MS. PINGREE OF ments, the Secretary may enter into cooper-
which land or an interest in land is acquired MAINE ative agreements pursuant to sections 10(e)
by donation, as consideration for the acquisi- and 11(b)(1) of the Wild and Scenic Rivers
At the end of the bill, add the following:
tion of land or an interest in land or under Act (16 U.S.C. 1281(e) and 1282(b)(1)) with—
subsection (a), the Secretary shall— TITLE IX—YORK RIVER WILD AND SCENIC
(A) the State of Maine;
(1) pay fair market value for the land or in- RIVER
(B) the municipalities of Eliot, Kittery,
terest in land; or SEC. 901. SHORT TITLE. South Berwick, and York in Maine; and
(2) convey to the State or private land- This Act may be cited as ‘‘York River Wild (C) appropriate local, regional, or State
owner, as applicable, Federal land or an in- and Scenic River Act’’. planning, environmental, or recreational or-
terest in Federal land, of equal value located SEC. 902. WILD AND SCENIC RIVER DESIGNATION. ganizations.
in the State. Section 3(a) of the Wild and Scenic Rivers (2) CONSISTENCY.—Each cooperative agree-
SEC. 905. ADMINISTRATION OF STATE TRUST Act (16 U.S.C. 1274(a)) is amended by adding ment entered into under this subsection
LAND. at the end the following: shall be consistent with the stewardship plan
The Secretary may enter into an agree- ‘‘(l) YORK RIVER, MAINE.—Segments of the and may include provisions for financial or
ment with the State to provide for the coop- main stem and its tributaries in the State of other assistance from the United States.
erative management by the Secretary and Maine, Bass Cove Creek, Cider Hill Creek, (d) LAND MANAGEMENT.—
the State of the approximately 200 acres of Cutts Ridge Brook, Dolly Gordon Brook, (1) ZONING ORDINANCES.—For the purpose of
State land, as generally depicted on the map. Libby Brook, Rogers Brook, Smelt Brook, the York River, Maine segments, the zoning
AMENDMENT NO. 19 OFFERED BY MR. totaling approximately 30.8 miles, to be ad- ordinances adopted by the municipalities
O’HALLERAN OF ARIZONA ministered by the Secretary of the Interior, named in subsection (c)(1)(B), including pro-
At the end of the bill, insert the following as a recreational river: visions for conservation of floodplains, wet-
new title: ‘‘(A) The approximately 0.95-mile segment lands, and watercourses associated with the
TITLE IX—SUNSET CRATER VOLCANO NA- of Bass Cove Creek from the outlet of Boul- York River, Maine segments, shall be
TIONAL MONUMENT BOUNDARY AD- ter Pond in York, Maine, and extending deemed to satisfy the standards and require-
JUSTMENT downstream to its confluence with the York ments of section 6(c) of the Wild and Scenic
River in York, Maine. Rivers Act (16 U.S.C. 1277(c)).
SEC. 901. SHORT TITLE. ‘‘(B) The approximately 3.77-mile segment (2) ACQUISITION OF LANDS.—The authority
This title may be cited as the ‘‘Sunset Cra- of Cider Hill Creek from the Middle Pond of the Secretary to acquire land for the pur-
ter Volcano National Monument Boundary dam in York, Maine, and extending down- poses of the York River, Maine segments
Adjustment Act’’. stream to its confluence with the York River shall be—
SEC. 902. DEFINITIONS. in York, Maine. (A) limited to acquisition by donation or
In this title: ‘‘(C) The approximately 2.15-mile segment acquisition with the consent of the owner of
(1) FEDERAL LAND.—The term ‘‘Federal of Cutts Ridge Brook from its headwaters in the land; and
land’’ means the approximately 97.71 acres of Kittery, Maine, and extending downstream (B) subject to the additional criteria set
Forest Service land identified as ‘‘Proposed to its confluence with the York River in forth in the stewardship plan.
transfer from USDA Forest Service to Na- York, Maine. (3) NO CONDEMNATION.—No land or interest
tional Park Service’’ on the Map. ‘‘(D) The approximately 3.17-mile segment in land within the watersheds of the York
(2) MAP.—The term ‘‘Map’’ means the map of Dolly Gordon Brook from its headwaters River, Maine segments may be acquired by
dlhill on DSK120RN23PROD with House
entitled ‘‘Sunset Crater Volcano National in York, Maine, and extending downstream condemnation.
Monument Draft Proposed Boundary Adjust- to its confluence with the York River in (e) RELATION TO THE NATIONAL PARK SYS-
ment’’, numbered 039/80,053d, and dated York, Maine. TEM.—Notwithstanding section 10(c) of the
March 2020. ‘‘(E) The approximately 1.65-mile segment Wild and Scenic Rivers Act (16 U.S.C.
(3) MONUMENT.—The term ‘‘Monument’’ of Libby Brook from its headwaters in 1281(c)), the York River, Maine segments
means the Sunset Crater Volcano National Kittery, Maine, and extending downstream shall not—
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H743
(1) be administered as a unit of the Na- (2) enter into cooperative agreements with, SEC. 905. MANAGEMENT PLAN.
tional Park System; or or provide technical assistance to, the State (a) IN GENERAL.—Not later than 3 years
(2) be subject to regulations that govern or a political subdivision of the State, Indian after the date of enactment of this Act, the
the National Park System. Tribes, nonprofit organizations, and other local coordinating entity shall submit to the
(f) DEFINITIONS.—In this section: interested parties; Secretary for approval a proposed manage-
(1) SECRETARY.—The term ‘‘Secretary’’ (3) hire and compensate staff, which shall ment plan for the National Heritage Area.
means the Secretary of the Interior. include individuals with expertise in natural, (b) REQUIREMENTS.—The management plan
(2) STEWARDSHIP COMMITTEE.—The term cultural, and historical resources protection, shall—
‘‘Stewardship Committee’’ means the York and heritage programming; (1) incorporate an integrated and coopera-
River Stewardship Committee. (4) obtain money or services from any tive approach for the protection, enhance-
(3) STEWARDSHIP PLAN.—The term ‘‘stew- source including any money or services that ment, and interpretation of the natural, cul-
ardship plan’’ means the York River Water- are provided under any other Federal law or tural, historic, scenic, and recreational re-
shed Stewardship Plan, dated August 2018, program; sources of the National Heritage Area;
developed pursuant to the study described in (5) contract for goods or services; and (2) take into consideration Federal, State,
section 5(b)(21) of the Wild and Scenic Rivers (6) undertake to be a catalyst for any other and Tribal plans and treaty rights;
Act (16 U.S.C. 1276(b)(21)). activity that furthers the National Heritage (3) include—
(4) YORK RIVER, MAINE SEGMENTS.—The Area and is consistent with the approved (A) an inventory of—
term ‘‘York River, Maine segments’’ means management plan. (i) the resources located in the National
the river segments described by the amend- (b) DUTIES.—The local coordinating entity Heritage Area; and
ment made by section 902. shall—
(ii) any other property in the National Her-
(1) in accordance with section 905, prepare
AMENDMENT NO. 22 OFFERED BY MS. PLASKETT itage Area that—
and submit a management plan for the Na-
OF VIRGIN ISLANDS (I) is related to the themes of the National
tional Heritage Area to the Secretary;
At the end of the bill, add the following: Heritage Area; and
(2) assist Federal agencies, the State or a
TITLE IX—ST. CROIX NATIONAL HERITAGE (II) should be preserved, restored, man-
political subdivision of the State, Indian
AREA aged, or maintained because of the signifi-
Tribes, regional planning organizations, non-
cance of the property;
SEC. 901. SHORT TITLE. profit organizations, and other interested
parties in carrying out the approved manage- (B) comprehensive policies, strategies and
This title may be cited as the ‘‘St. Croix recommendations for conservation, funding,
National Heritage Area Act’’. ment plan by—
(A) carrying out programs and projects management, and development of the Na-
SEC. 902. DEFINITIONS. tional Heritage Area;
that recognize, protect, and enhance impor-
In this title: (C) a description of actions that govern-
tant resource values in the National Herit-
(1) NATIONAL HERITAGE AREA.—The term ments, private organizations, and individuals
age Area;
‘‘National Heritage Area’’ means the St. have agreed to take to protect the natural,
(B) establishing and maintaining interpre-
Croix National Heritage Area established by historical, cultural, scenic, and recreational
tive exhibits and programs in the National
section 903(a). resources of the National Heritage Area;
Heritage Area;
(2) LOCAL COORDINATING ENTITY.—The term (D) a program of implementation for the
(C) developing recreational and edu-
‘‘local coordinating entity’’ means the local management plan by the local coordinating
cational opportunities in the National Herit-
coordinating entity for the National Herit- entity that includes a description of—
age Area;
age Area designated by section 903(d). (i) actions to facilitate ongoing collabora-
(D) increasing public awareness of, and ap-
(3) MANAGEMENT PLAN.—The term ‘‘man- tion among partners to promote plans for re-
preciation for, natural, historical, scenic,
agement plan’’ means the management plan source protection, restoration, and construc-
and cultural resources of the National Herit-
for the National Heritage Area required tion; and
age Area;
under section 905. (ii) specific commitments for implementa-
(E) protecting and restoring historic sites
(4) SECRETARY.—The term ‘‘Secretary’’ tion that have been made by the local co-
and buildings in the National Heritage Area
means the Secretary of the Interior. ordinating entity or any government, orga-
that are consistent with National Heritage
(5) ST. CROIX.—The term ‘‘St. Croix’’ means nization, or individual for the first 5 years of
Area themes;
St. Croix, Virgin Islands of the United operation;
(F) ensuring that clear, consistent, and ap-
States. (E) the identification of sources of funding
propriate signs identifying points of public
(6) STATE.—The term ‘‘State’’ means the for carrying out the management plan;
access, and sites of interest are posted
Virgin Islands of the United States. (F) analysis and recommendations for
throughout the National Heritage Area; and
SEC. 903. ST. CROIX NATIONAL HERITAGE AREA. (G) promoting a wide range of partnerships means by which Federal, State, and Tribal
(a) ESTABLISHMENT.—There is established among governments, organizations, and indi- programs, including the role of the National
in the State the St. Croix National Heritage viduals to further the National Heritage Park Service in the National Heritage Area,
Area. Area; may best be coordinated to carry out this
(b) CONCEPTUAL BOUNDARIES.—The Na- (3) consider the interests of diverse units of title; and
tional Heritage Area shall consist of the en- government, businesses, organizations, and (G) an interpretive plan for the National
tire island of St. Croix. individuals in the National Heritage Area in Heritage Area; and
(c) MAP.—A map of the National Heritage the preparation and implementation of the (4) recommend policies and strategies for
Area shall be— management plan; resource management that consider and de-
(1) included in the management plan; and (4) conduct meetings open to the public at tail the application of appropriate land and
(2) on file and available for public inspec- least semiannually regarding the develop- water management techniques, including the
tion in the appropriate offices of the Na- ment and implementation of the manage- development of intergovernmental and inter-
tional Park Service. ment plan; agency cooperative agreements to protect
(d) LOCAL COORDINATING ENTITY.— (5) for any year that Federal funds have the natural, historical, cultural, educational,
(1) IN GENERAL.—The local coordinating en- been received under this title— scenic, and recreational resources of the Na-
tity for the National Heritage Area shall be (A) submit an annual report to the Sec- tional Heritage Area.
the Virgin Islands State Historic Preserva- retary that describes the activities, ex- (c) DEADLINE.—If a proposed management
tion Office. penses, and income of the local coordinating plan is not submitted to the Secretary by
(2) CONSULTATION REQUIREMENT.—The Vir- entity (including grants to any other enti- the date that is 3 years after the date of en-
gin Islands State Historic Preservation Of- ties during the year that the report is made); actment of this Act, the local coordinating
fice shall consult with a broad cross section (B) make available to the Secretary for entity shall be ineligible to receive addi-
of businesses, individuals, agencies, and or- audit all records relating to the expenditure tional funding under this title until the date
ganizations within the conceptual bound- of the funds and any matching funds; and that the Secretary receives and approves the
aries of the National Heritage Area described (C) require, with respect to all agreements management plan.
in subsection (b) that were involved in the authorizing expenditure of Federal funds by (d) APPROVAL OR DISAPPROVAL OF MANAGE-
planning and development of the National other organizations, that the organizations MENT PLAN.—
Heritage Area before the date of the enact- receiving the funds make available to the (1) IN GENERAL.—Not later than 180 days
ment of this Act. Secretary for audit all records concerning after the date of receipt of the management
SEC. 904. ADMINISTRATION. the expenditure of the funds; and plan under subsection (a), the Secretary, in
(a) AUTHORITIES.—For purposes of carrying (6) encourage by appropriate means eco- consultation with the State, shall approve or
out the management plan, the Secretary, nomic viability that is consistent with the disapprove the management plan.
dlhill on DSK120RN23PROD with House
acting through the local coordinating entity, National Heritage Area. (2) CRITERIA FOR APPROVAL.—In deter-
may use amounts made available under this (c) PROHIBITION ON THE ACQUISITION OF mining whether to approve the management
section to— REAL PROPERTY.—The local coordinating en- plan, the Secretary shall consider whether—
(1) make grants to the State or a political tity shall not use Federal funds made avail- (A) the local coordinating entity is rep-
subdivision of the State, Indian Tribes, non- able under this title to acquire real property resentative of the diverse interests of the
profit organizations, and other persons; or any interest in real property. National Heritage Area;
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H744 CONGRESSIONAL RECORD — HOUSE February 26, 2021
(B) the local coordinating entity has af- fishing and hunting within the National Her- TITLE IX—ADDITIONS TO ROUGH MOUN-
forded adequate opportunity, including pub- itage Area; or TAIN AND RICH HOLE WILDERNESSES
lic hearings, for public and governmental in- (B) the authority of Indian Tribes to regu-
volvement in the preparation of the manage- late members of Indian Tribes with respect SEC. 901. ADDITIONS TO ROUGH MOUNTAIN AND
RICH HOLE WILDERNESSES.
ment plan; and to fishing, hunting, and gathering in the ex-
(C) the resource protection and interpreta- ercise of treaty rights; or (a) ROUGH MOUNTAIN ADDITION.—Section 1
tion strategies contained in the management (8) creates any liability, or affects any li- of Public Law 100–326 (16 U.S.C. 1132 note; 102
plan, if implemented, would adequately pro- ability under any other law, of any private Stat. 584; 114 Stat. 2057; 123 Stat. 1002) is
tect the natural, historical, and cultural re- property owner with respect to any person amended by adding at the end the following:
sources of the National Heritage Area. injured on the private property. ‘‘(21) ROUGH MOUNTAIN ADDITION.—Certain
(3) ACTION FOLLOWING DISAPPROVAL.—If the SEC. 908. EVALUATION AND REPORT. land in the George Washington National For-
Secretary disapproves the management plan
(a) IN GENERAL.—Not later than 3 years be- est comprising approximately 1,000 acres, as
under paragraph (1), the Secretary shall—
(A) advise the local coordinating entity in fore the date on which authority for Federal generally depicted as the ‘Rough Mountain
writing of the reasons for the disapproval; funding terminates for the National Heritage Addition’ on the map entitled ‘GEORGE
(B) make recommendations for revisions to Area, the Secretary shall— WASHINGTON NATIONAL FOREST – South
the management plan; and (1) conduct an evaluation of the accom- half – Alternative I – Selected Alternative
(C) not later than 180 days after the receipt plishments of the National Heritage Area; Management Prescriptions – Land and Re-
of any proposed revision of the management and sources Management Plan Final Environ-
plan from the local coordinating entity, ap- (2) prepare a report in accordance with sub- mental Impact Statement’ and dated March
prove or disapprove the proposed revision. section (c). 4, 2014, which is incorporated in the Rough
(4) AMENDMENTS.— (b) EVALUATION.—An evaluation conducted Mountain Wilderness Area designated by
(A) IN GENERAL.—The Secretary shall ap- under subsection (a)(1) shall— paragraph (1).’’.
prove or disapprove each amendment to the (1) assess the progress of the local coordi- (b) RICH HOLE ADDITION.—
management plan that the Secretary deter- nating entity with respect to— (1) POTENTIAL WILDERNESS DESIGNATION.—
mines make a substantial change to the (A) accomplishing the purposes of the au- In furtherance of the purposes of the Wilder-
management plan. thorizing legislation for the National Herit- ness Act (16 U.S.C. 1131 et seq.), certain land
(B) USE OF FUNDS.—The local coordinating age Area; and in the George Washington National Forest
entity shall not use Federal funds authorized (B) achieving the goals and objectives of comprising approximately 4,600 acres, as gen-
by this title to carry out any amendments to the approved management plan for the Na- erally depicted as the ‘‘Rich Hole Addition’’
the management plan until the Secretary tional Heritage Area; on the map entitled ‘‘GEORGE WASH-
has approved the amendments. (2) analyze the Federal, State, and private INGTON NATIONAL FOREST – South half –
SEC. 906. RELATIONSHIP TO OTHER FEDERAL investments in the National Heritage Area Alternative I – Selected Alternative Manage-
AGENCIES. to determine the impact of the investments; ment Prescriptions – Land and Resources
(a) IN GENERAL.—Nothing in this title af- and Management Plan Final Environmental Im-
fects the authority of a Federal agency to (3) review the management structure, part- pact Statement’’ and dated March 4, 2014, is
provide technical or financial assistance nership relationships, and funding of the Na- designated as a potential wilderness area for
under any other law. tional Heritage Area for purposes of identi- incorporation in the Rich Hole Wilderness
(b) CONSULTATION AND COORDINATION.—The fying the critical components for sustain- Area designated by section 1(2) of Public Law
head of any Federal agency planning to con- ability of the National Heritage Area. 100–326 (16 U.S.C. 1132 note; 102 Stat. 584; 114
duct activities that may have an impact on (c) REPORT.—Based on the evaluation con- Stat. 2057; 123 Stat. 1002).
the National Heritage Area is encouraged to ducted under subsection (a)(1), the Secretary (2) WILDERNESS DESIGNATION.—The poten-
consult and coordinate the activities with shall submit to the Committee on Energy tial wilderness area designated by paragraph
the Secretary and the local coordinating en- and Natural Resources of the Senate and the (1) shall be designated as wilderness and in-
tity to the maximum extent practicable. Committee on Natural Resources of the corporated in the Rich Hole Wilderness Area
(c) OTHER FEDERAL AGENCIES.—Nothing in
House of Representatives a report that in- designated by section 1(2) of Public Law 100–
this title—
cludes recommendations for the future role 326 (16 U.S.C. 1132 note; 102 Stat. 584; 114 Stat.
(1) modifies, alters, or amends any law or
of the National Park Service, if any, with re- 2057; 123 Stat. 1002) on the earlier of—
regulation authorizing a Federal agency to
spect to the National Heritage Area. (A) the date on which the Secretary pub-
manage Federal land under the jurisdiction
SEC. 909. AUTHORIZATION OF APPROPRIATIONS. lishes in the Federal Register notice that the
of the Federal agency;
activities permitted under paragraph (4)
(2) limits the discretion of a Federal land (a) IN GENERAL.—There is authorized to be
have been completed; or
manager to implement an approved land use appropriated to carry out this title
(B) the date that is 5 years after the date
plan within the boundaries of the National $10,000,000, of which not more than $1,000,000
of enactment of this Act.
Heritage Area; or may be made available for any fiscal year.
(3) MANAGEMENT.—Except as provided in
(3) modifies, alters, or amends any author- (b) AVAILABILITY.—Amounts made avail- paragraph (4), the Secretary shall manage
ized use of Federal land under the jurisdic- able under subsection (a) shall remain avail- the potential wilderness area designated by
tion of a Federal agency. able until expended. paragraph (1) in accordance with the Wilder-
SEC. 907. PRIVATE PROPERTY AND REGULATORY (c) COST-SHARING REQUIREMENT.—
PROTECTIONS. ness Act (16 U.S.C. 1131 et seq.).
(1) IN GENERAL.—The Federal share of the (4) WATER QUALITY IMPROVEMENT ACTIVI-
Nothing in this title— total cost of any activity under this title TIES.—
(1) abridges the rights of any property shall be not more than 50 percent.
owner (whether public or private), including (A) IN GENERAL.—To enhance natural eco-
(2) FORM.—The non-Federal contribution of systems within the potential wilderness area
the right to refrain from participating in any the total cost of any activity under this title
plan, project, program, or activity conducted designated by paragraph (1) by implementing
may be in the form of in-kind contributions certain activities to improve water quality
within the National Heritage Area; of goods or services fairly valued.
(2) requires any property owner— and aquatic passage, as set forth in the For-
(A) to permit public access (including ac- SEC. 910. TERMINATION OF AUTHORITY. est Service document entitled ‘‘Decision No-
cess by Federal or State agencies) to the The authority of the Secretary to provide tice for the Lower Cowpasture Restoration
property of the property owner; or assistance under this title terminates on the and Management Project’’ and dated Decem-
(B) to modify public access or use of prop- date that is 15 years after the date of enact- ber 2015, the Secretary may use motorized
erty of the property owner under any other ment of this Act. equipment and mechanized transport in the
Federal or State law; potential wilderness area until the date on
AMENDMENT NO. 23 OFFERED BY MR. POCAN OF which the potential wilderness area is incor-
(3) alters any duly adopted land use regula- WISCONSIN
tion, approved land use plan, or other regu- porated into the Rich Hole Wilderness Area
latory authority of any Federal or State After section 227, insert the following: under paragraph (2).
agency; SEC. 228. ICE AGE NATIONAL SCENIC TRAIL. (B) REQUIREMENT.—In carrying out sub-
(4) conveys any land use or other regu- paragraph (A), the Secretary, to the max-
Section 5(a)(10) of the National Trails Sys- imum extent practicable, shall use the min-
latory authority to the local coordinating tem Act (16 U.S.C. 1244(a)(10)) is amended by
entity; imum tool or administrative practice nec-
striking the third and fourth sentences and essary to carry out that subparagraph with
(5) authorizes or implies the reservation or inserting ‘‘The trail shall be administered by
appropriation of water or water rights; the least amount of adverse impact on wil-
the Secretary of the Interior as a unit of the
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(6) enlarges or diminishes the treaty rights derness character and resources.
National Park System.’’.
of any Indian Tribe within the National Her- AMENDMENT NO. 28 OFFERED BY MS. TLAIB OF
AMENDMENT NO. 24 OFFERED BY MS.
itage Area; MICHIGAN
SPANBERGER OF VIRGINIA
(7) diminishes—
(A) the authority of the State to manage At the end of the bill, add the following At the end of the bill, add the following
fish and wildlife, including the regulation of new title: new title:
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H745
TITLE IX—AGENCY REPORT ON DEPART- resentatives MCKINLEY and TONKO to do not have unintended consequences
MENT OF THE INTERIOR SPECIAL unify the way National Heritage Areas for neighboring communities.
RECREATION PERMITS BENEFITS TO are established and managed around Similarly, the Casa Grande Ruins Na-
ENVIRONMENTAL JUSTICE COMMU- tional Monument Boundary Expansion
the country.
NITIES
Other amendments would seek to im- Act ignores the will and voices of local
SEC. 901. AGENCY REPORT ON DEPARTMENT OF stakeholders. The Arizona State Land
THE INTERIOR SPECIAL RECRE-
prove the diversity and representation
ATION PERMITS BENEFITS TO ENVI- on our public lands, including the Department expressed concerns to the
RONMENTAL JUSTICE COMMU- Great Dismal Swamp NHA, by Rep- committee regarding the cooperative
NITIES. resentative MCEACHIN; ensuring all agreement language of this amendment
(a) IN GENERAL.—Not later than 3 years fol- Americans have access to healthy out- and shared that they have encountered
lowing the enactment of this Act, the Sec- door recreation, especially in urban numerous problems with these types of
retary shall submit a report to the Com- agreements in the past. These are ex-
mittee on Natural Resources of the House of
and low-income cities, such as the Out-
Representatives and the Committee on En- doors for All Act by Representative actly the types of concerns that should
ergy and Natural Resources of the Senate on BARRAGÁN; and promote outdoor recre- be vetted through the committee proc-
the following: ation and wellness among servicemem- ess with testimony from local stake-
(1) Estimated use of Department of the In- bers and veterans, which is pursued by holders and the affected agencies.
terior special recreation permits by recre- the Brown amendment. I would like to briefly discuss one
ation service providers serving environ- We clarify also our intention regard- amendment offered by my friend and
mental justice communities. ing wilderness and wildfire with the in- colleague, Representative PANETTA
(2) Any national, regional, State, local, or from California, that would simply re-
clusion of the Panetta amendment, and
site-specific policies that facilitate public inforce the status quo policy of forest
lands access for recreational service pro- we even add some small number of wil-
derness, wild and scenic rivers, and management in wilderness areas.
viders serving environmental justice commu-
mineral withdrawals with the inclusion I have worked with Representative
nities.
(3) Any case studies that may provide illus- of amendments from Representatives PANETTA on forest management poli-
trative examples of how Department of the SPANBERGER, PINGREE, and DEFAZIO, cies in the past, particularly on the
Interior special recreation permits, partner- respectively. wildland-urban interface. I know his
ships, or cooperative agreements are being The inclusion of these amendments heart. I know he has the right intent
effectively used by land managers for the would not only improve the bill but im- and wants to do the right thing. But I
purposes of providing public lands access to also know that he is greatly restricted
recreation service providers serving environ- prove protections for our public lands
and environmental justice commu- by his own conference on forestry man-
mental justice communities. agement issues.
(4) Identification of any barriers to public nities far beyond the places already
While I appreciate his intent, over
lands access for recreation service providers covered in Colorado, California, Wash-
the past 10 years, we have had nearly
serving environmental justice communities. ington, and Arizona.
(5) Any recommendations for agency pol- Simply put, this amendment rein- seven million acres of wilderness and
icy, or if necessary, action by Congress to forces that our public lands are for the wilderness study areas burn up in cata-
encourage and simplify public lands access benefit and enjoyment of all Ameri- strophic wildfires. Land managers and
for recreational service providers serving en-
cans. I urge support for this en bloc No. wilderness areas must rely on century-
vironmental justice communities. old techniques, like handsaws and
(b) VOLUNTARY PARTICIPATION BY SPECIAL 1, and I reserve the balance of my time.
Mr. WESTERMAN. Mr. Speaker, I shovels when millions of acres of forest
RECREATION PROVIDERS.—The Secretary— are in desperate need of treatment.
(1) shall contact all current or prospective yield myself such time as I may con-
Mr. Speaker, 1910 called and it wants
special recreation providers to request a vol- sume.
untary estimation of how many user days I rise today in opposition to this its forest management policy back.
are used by individuals from environmental Clearly, the status quo isn’t working
package of en bloc amendments, which
justice communities; and unfortunately, his amendment
is bad for our environment, kills jobs,
(2) shall request from recreational service won’t actually allow for proper forest
locks up more lands, and does nothing
providers and interested members of the pub- management and won’t stop this bill
to reduce our dependence on hostile
lic any other information that supports the from hurting our environment.
reporting requirements in subsection (a); and foreign nations for critical minerals. Michael Jordan once wisely advised:
(3) shall not use participation or informa- One of the amendments in this pack- ‘‘If you do the work you get rewarded.
tion provided as a condition in approving or age is a feasibility study for the Great There are no shortcuts in life.’’
rejecting a Department of the Interior spe- Dismal Swamp National Heritage Area. House Democrats are looking to take
cial recreation permit. Now, the Great Dismal Swamp may the shortcut with this amendment
(c) DEFINITIONS.—In this title: technically be located on the Virginia-
(1) The term ‘‘environmental justice com- package and the underlying bill. Unfor-
North Carolina border, but House tunately, our economy and environ-
munity’’ means a community with signifi-
Democrats attempting to ram through ment will have to bear the con-
cant representation of communities of color,
low-income communities, or Tribal and in- dozens of amendments completely un- sequences of these misguided policy de-
digenous communities, that experiences, or related to the underlying bill, without cisions.
is at risk of experiencing, higher or more ad- going through regular order, sure I would strongly urge my colleagues
verse human health or environmental effects makes it seem like the Great Dismal to oppose these amendments, and I re-
than other communities. Swamp is actually located right here in serve the balance of my time.
(2) The term ‘‘Secretary’’ means the Sec- Washington, D.C. Mr. NEGUSE. Mr. Speaker, I yield 2
retary of the Interior. Much like the underlying bill, many minutes to my distinguished colleague
The SPEAKER pro tempore. Pursu- of these amendments have not gone from the State of Colorado (Mr. CROW).
ant to House Resolution 147, the gen- through regular order, are not sup- Mr. CROW. Mr. Speaker, I rise today
tleman from Colorado (Mr. NEGUSE) ported by local stakeholders, and do in support of the Protecting America’s
and the gentleman from Arkansas (Mr. not have the support of the Members Wilderness Act.
WESTERMAN) each will control 10 min- whose districts are directly impacted. I would first like to thank my friends
utes. One such amendment creates the Ice and colleagues in the Colorado delega-
The Chair recognizes the gentleman Age National Scenic Trail as a unit of tion, Congressman JOE NEGUSE, Con-
from Colorado. the National Park Service in Wis- gresswoman DIANA DEGETTE, and Sen-
Mr. NEGUSE. Mr. Speaker, I yield consin. This amendment was offered ator MICHAEL BENNET for their leader-
myself such time as I may consume. without the consultation of my col- ship on this package.
I rise in strong support of en bloc No. league on the Natural Resources Com- Colorado’s identity is closely tied to
1. These 18 amendments demonstrate mittee, Representative TIFFANY, and nature. Colorado is home to four na-
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the strong and bipartisan support for does not have his support. Unlike other tional parks, 42 State parks, and a wide
protecting our wilderness and our pub- trail designation bills that have passed variety of outdoor activities ranging
lic lands. the House by voice vote in previous from hiking, to camping, and skiing.
The amendments in this package in- Congresses, this amendment lacks Our public lands are central to the Col-
clude bipartisan legislation from Rep- basic protections to ensure these trails orado way of life, and I want to ensure
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H746 CONGRESSIONAL RECORD — HOUSE February 26, 2021
that future generations can enjoy these property. And more Federal land own- nedy, continues to be a success. Work-
treasures just as my children do now. ership means further erosion of the ing together, making sure that this
The conservation package we are property tax base, higher local prop- model of cooperation between the Fed-
considering today will grow the out- erty tax burdens, and strained local eral Government and local govern-
door recreation economy, help create budgets. ments in this time of necessary co-
jobs, and protect hundreds of thou- Let me give you this analogy. A operation with governmental inter-
sands of acres of Colorado land for fu- homeowner, their roof is falling in. The action, is more important than ever as
ture generations. lot next to them comes up for sale and well.
The Colorado Outdoor Recreation they say, gosh, I have got to buy that Mr. Speaker, I thank the gentleman
and Economy Act will establish the lot, and they don’t take care of their for yielding, and I thank him for in-
first-ever national historic landscape own home. That is, in effect, what we cluding this in our bill.
at Camp Hale. Now, Camp Hale was the are doing with our national parks here Mr. WESTERMAN. Mr. Speaker, I
training ground of the storied 10th in the United States of America. yield myself such time as I may con-
Mountain Division, an elite unit To be clear, I believe that Wisconsin sume.
trained in mountain climbing and ski- is home to some of this country’s most Mr. Speaker, I would like to take a
ing. They fought valiantly in World special places, including this scenic moment to focus on wilderness areas. I
War II, and many of them later re- and picturesque trail. On this fact, my know it sounds great to have a wilder-
turned to Colorado, where they helped Wisconsin colleagues and I agree. ness area. I have enjoyed spending time
establish the U.S. ski industry. But I believe this amendment is the myself in wilderness areas, and for-
This is particularly important to my wrong approach, Mr. Speaker, and I estry and wilderness areas are very im-
family as my wife’s grandfather served would encourage a ‘‘no’’ vote on the portant to me. Mr. Speaker, I have a
in the initial 10th Mountain during amendment and the bill. degree in forestry, and I have actually
World War II and was actually wounded Mr. NEGUSE. Mr. Speaker, I yield 1 been licensed to practice forestry,
in fighting in Italy. As a veteran, and a minute to the distinguished gentleman taken exams to do that. I can tell you,
Coloradan, I believe it is important to from Massachusetts (Mr. KEATING). Republicans, Democrats, and independ-
honor their service and their legacy, Mr. KEATING. Mr. Speaker, I rise in ents alike, we all, I think, can appre-
and to preserve this historic landscape support of my amendment to H.R. 803, ciate a healthy forest because we know
so that we can tell the story to future Protecting America’s Wilderness and that it provides clean air, it provides
generations. Public Lands Act, which will reauthor- clean water, it provides wildlife habi-
I commend my Colorado colleagues ize the Cape Cod National Seashore Ad- tat, and it also provides great places
for their work on this effort and their visory Commission until the year 2028. for us to do recreation.
commitment to our public lands, and I The park that would eventually be- There are certain places where we
urge my colleagues to support this bill. come the Cape Cod National Seashore need wilderness areas, but there are
Mr. WESTERMAN. Mr. Speaker, I was first conceived as a way to protect certain places where we do not need
yield 2 minutes to the gentleman from one of the last truly unspoiled barrier wilderness areas. Seven million acres
Wisconsin (Mr. TIFFANY). beaches in New England. From Chat- of wilderness area went up in wildfire
Mr. TIFFANY. Mr. Speaker, I thank ham in the south to Provincetown in in the last 10 years. I would love to be
the gentleman from Arkansas for yield- the north, the seashore resides within able to take my colleagues out to the
ing me the time. the six towns that form the outer Cape forest. They say a picture is worth a
Mr. Speaker, I rise in opposition to Cod area. thousand words, but I can promise you,
the amendment, specifically, a provi- And since the creation of the sea- actually being in the forest tells a
sion in here taking a trail in Wisconsin shore, the fate of that outer cape com- much bigger picture, a much better
and turning it into National Park munity has been uniquely intertwined story.
Service unit status. with the success of the national sea- I would love to go to an area that has
This proposal before us has not been shore. been properly managed and then go to
introduced as a standalone bill this a wilderness area that hasn’t been
Congress and has not been heard by the b 0930 managed and be able to make the case
Natural Resources Committee. We have Today, more than 4 million visitors that although we can pass these bills
not discussed the impacts of elevating from around the world come every year and create wilderness areas right now
this trail to National Park Service unit to experience the natural beauty and that aren’t going to affect us, because
status, and there have been no hearings recreational opportunities that the it takes a long time for a forest to
to afford local officials or adjacent seashore provides. In this way, the sea- grow and it takes a long time for a for-
landowners the opportunity to express shore is a crucial, pivotal point to local est to degrade, but our children and
their views. businesses that depend on the cape’s our grandchildren are going to suffer
Too often in this body, we see Mem- tourism industry for their own liveli- the consequences of us locking these
bers who represent urban constitu- hoods and those that reside there. lands up and making them subject to
encies rushing to expand Federal con- Last year, the Great American Out- catastrophic wildfire in the future.
trol over rural communities far from doors Act was signed into law. Our Mr. Speaker, I understand the senti-
their own homes. And too often, these landmark conservation legislation will mental value, the emotional value, in
decisions marginalize the voices of peo- bring millions of dollars to rebuild and wanting to make more wilderness
ple in the affected communities who protect the national seashore in the areas. But I wish we would have a long-
must live with the consequences: Fed- coming years. term look and think about the impact
eral land management agencies in The SPEAKER pro tempore. The that this is going to have on the future.
Washington, D.C., imposing new limi- time of the gentleman has expired. I reserve the balance of my time.
tations on access, use, and impacts to Mr. NEGUSE. Mr. Speaker, I yield an Mr. NEGUSE. Mr. Speaker, I yield
private property owners. additional 30 seconds to the gentleman myself such time as I may consume.
Mr. Speaker, we have also spent from Massachusetts. Mr. Speaker, I want to take a mo-
much time in this body discussing the Mr. KEATING. Mr. Speaker, I thank ment to say that I have great respect
Park Service maintenance backlog, the gentleman for yielding. for my colleague, the ranking member,
which is significant. We should be Last year, the Great American Out- and I know that he is well intentioned
mindful of that backlog and the fact doors Act was signed into law. Our with respect to addressing wildfire
that land managers lack sufficient re- landmark legislation will bring mil- issues. I would note, for my colleague,
sources to care for the units already lions of dollars that will be used to re- that we just recently created a Bipar-
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under their supervision. build and protect the national seashore tisan Wildfire Caucus with Representa-
I am also concerned that the passage in the coming years. The advisory com- tive CURTIS to address some of the
of measures like this one will further mission’s role is greater than ever. issues that he describes.
fuel the Federal Government’s insatia- The Cape Cod National Seashore, the But, look, with respect to the bill
ble appetite to annex yet more private vision of then-Senator John F. Ken- that is before the House today, there is
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H747
simply no question. This bill does not country’s natural lands. For these rea- My 13th District Strong is an envi-
create any further risks from wildfire, sons, I urge my colleagues to vote ronmental justice community, an area
far from it. As I said yesterday, the law ‘‘yes’’ on H.R. 803. that the State calls the epicenter of
as it stands today, section 4(d) provides Mr. WESTERMAN. Mr. Speaker, may the asthma burden due to corporate
for the flexibility, ultimately, for I inquire how much time is remaining polluters. Folks in my district deserve
measures to be taken as may be nec- on each side. the same opportunity to enjoy clean
essary for the control of insects, dis- The SPEAKER pro tempore. The gen- air and public lands as anyone else so
ease, and fire, subject to such condi- tleman from Arkansas has 21⁄2 minutes they don’t grow up like me, thinking
tions as the Secretary of the Interior remaining. The gentleman from Colo- that sulfur dioxide and rotten eggs was
may deem desirable. rado has 3 minutes remaining. just how the air smelled.
So, there is flexibility within exist- Mr. WESTERMAN. Mr. Speaker, I re- Mr. Speaker, I urge my colleagues to
ing law to address any potential issues serve the balance of my time. please support this amendment.
that might arise. For that reason, I Mr. NEGUSE. Mr. Speaker, I yield 1 Mr. WESTERMAN. Mr. Speaker, I re-
would hope that my colleague’s con- minute to the gentlewoman from Vir- serve the balance of my time.
cerns would be alleviated and that he ginia (Ms. SPANBERGER). Mr. NEGUSE. Mr. Speaker, how
would support this bill. Ms. SPANBERGER. Mr. Speaker, I much time do I have remaining, if I
Mr. Speaker, I yield 1 minute to the rise in support of my amendment to
might inquire?
distinguished gentlewoman from Cali- H.R. 803. The SPEAKER pro tempore. The gen-
fornia (Ms. BROWNLEY). During the COVID–19 pandemic, we
tleman has 30 seconds remaining.
Ms. BROWNLEY. Mr. Speaker, I rise have seen the renewed importance of
Mr. NEGUSE. Mr. Speaker, I will just
in support of H.R. 803, the Protecting having safe and accessible public lands
simply say that these amendments are
America’s Wilderness and Public Lands for our families and communities. As a
common sense. They have been vetted
Act. proud Virginian, I know that Virginia’s
by the various stakeholders and con-
This bill incorporates two important public lands not only provide opportu-
stituents in the communities that sup-
pieces of legislation that will preserve nities for recreation and reflection but
port the respective amendments that
the natural beauty of public lands and they are key to our tourism industry
have been proposed as part of this
improve access to recreational oppor- and our overall economy.
My amendment would strengthen package, and my hope is that my col-
tunities in my congressional district in leagues could support them. Several of
Ventura County and California. protections for two beautiful areas of
the George Washington National For- them are bipartisan, as we have men-
The first is the Central Coast Herit-
est, the Rough Mountain and Rich Hole tioned, and they go to the heart of this
age Protection Act, which I joined Con-
wilderness areas, following rec- bill, which is ultimately protecting the
gressman SALUD CARBAJAL in intro-
ducing. The Central Coast Heritage ommendations from the U.S. Forest most scenic places in our country.
Service in 2014. These areas offer out- Mr. Speaker, I yield back the balance
Protection Act will protect more than
standing scenic views, rare and endan- of my time.
25,000 acres in the Los Padres National
gered plants, age-old hardwood forests, Mr. WESTERMAN. Mr. Speaker, I
Forest and the Carrizo Plain National
and a dense population of black bears. yield myself the balance of my time.
Monument by designating these lands
This legislation, the Virginia Wilder- Mr. Speaker, I appreciate my col-
as wilderness.
It also designates the Condor Trail ness Additions Act, would allow these league from Colorado’s love for the
within Los Padres as a National Rec- irreplaceable areas to remain open to outdoors. I appreciate his passion to do
reational Trail. This is a beautiful trail recreation while also protecting their what is right.
that is 400 miles long. You can hike wildlife, natural resources, and trails He mentioned the provisions in the
from Ventura County to Santa Barbara for generations to come. Wilderness Act to address insects, dis-
County surrounded by great and unique I would like to thank Senators KAINE ease, and wildfire. Mr. Speaker, that is
beauty. and WARNER for their leadership on a Band-Aid. That is what you do after
The second piece of legislation is the this issue in the Senate, as well as Rep- the fact.
Rim of the Valley Corridor Preserva- resentatives LURIA and MCEachin for What we are proposing is proactive
tion Act, which would add more than working with me on this important forest management so that you don’t
191,000 acres to the Santa Monica amendment. have the insects, the disease, and the
Mountains National Recreational Area. Mr. WESTERMAN. Mr. Speaker, I re- wildfires. An ounce of prevention is
If you ever want to hike to a beautiful serve the balance of my time. definitely worth a pound of cure.
180-degree view of the Pacific Ocean, Mr. NEGUSE. Mr. Speaker, I yield 2 I would challenge my colleagues to
this is your place. Much of the land is minutes to the distinguished gentle- enjoy those scenes and those vistas. I
in Ventura County, and I am grateful woman from Michigan (Ms. TLAIB), the encourage them to take pictures so
for Congressman ADAM SCHIFF’s efforts newest member of our Natural Re- they can show their children and
to advance this bill through the years. sources Committee. grandchildren what they looked like
Overall, H.R. 803 is an important Ms. TLAIB. Mr. Speaker, I would like before they locked them away in a wil-
downpayment on a commitment that to begin by thanking Chairman GRI- derness area.
many of us made to help conserve 30 JALVA, Congresswoman DEGETTE, and Mr. Speaker, this random assortment
percent of U.S. lands by 2030. the committee staff for working with of amendments does nothing but make
The SPEAKER pro tempore. The me on this amendment and for the con- a bad bill three times worse. The only
time of the gentlewoman from Cali- tinued leadership on this bill. difference is that instead of having a
fornia has expired. The amendment incorporates envi- package of eight bills that haven’t been
Mr. NEGUSE. Mr. Speaker, I yield an ronmental justice communities like through regular order that will harm
additional 30 seconds to the gentle- mine into this space. It would require a our environment and that will kill jobs
woman from California (Ms. report on permits by providers serving in rural communities, we now have a
BROWNLEY). environmental justice communities. package of 23 bills that haven’t been
Ms. BROWNLEY. Mr. Speaker, in This measure, first introduced last through regular order, will harm the
Ventura County, my constituents and I Congress by the soon-to-be first Native environment, and will kill jobs in rural
are so fortunate to be surrounded by American Cabinet Secretary and the communities.
beautiful public spaces. The public Secretary of the Interior, Congress- No amendment in this package re-
lands provisions in this bill will woman HAALAND, is an important step duces our dependence on hostile foreign
strengthen our region’s commitment to in identifying and removing barriers to nations or critical minerals, improves
access our public lands. Communities our supply chains, or bolsters Amer-
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sound environmental stewardship and
preserve an important part of our nat- of color, low-income communities, in- ican energy security. No amendment in
ural heritage for future generations to digenous communities, and those most this package changes how we currently
enjoy. impacted by pollution and climate treat forest and wilderness areas with
I know we all agree on the impor- change often have the least access to century-old technology like handsaws
tance of being good stewards of our our national parks and Federal lands. and shovels. No amendment in this
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H748 CONGRESSIONAL RECORD — HOUSE February 26, 2021
package creates new jobs or bolsters JALVA (D–AZ) for including it in the en bloc #1 The SPEAKER pro tempore. The
our economic growth. amendments today, offered by Congressman Clerk will designate the amendment.
What does this package do? It just NEGUSE (D–CO). The text of the amendment is as fol-
adds more wilderness, more wild and My amendment is identical to H.R. 1230, lows:
scenic river designations, and more which I introduced on February 23, 2021, at At the end of the bill, add the following
provisions that haven’t gone through the request of the City of Rio Vista. It would new title:
regular order and do not have the sup- include the decommissioned United States TITLE IX—RENEWABLE ENERGY INPUTS
port of Members of Congress directly Army Reserve Center (Rio Vista), U.S. Coast ACCESS STUDY
impacted by those amendments. Guard Station Rio Vista, Beach Drive Waste- SEC. 901. STUDY.
Needless to say, this isn’t how we water Treatment Plant (City of Rio Vista), and The Secretary of the Interior, in consulta-
should be managing our resources, and Sandy Beach County Park (Solano County) in tion with the Secretary of Energy and Sec-
the National Heritage Area. retary of Commerce, shall conduct a study to
it isn’t how we should be legislating in
Two of these parcels—the decommissioned determine whether the acreage to be with-
Congress. drawn under this Act contains geothermal
Mr. Speaker, I strongly urge my col- United States Army Reserve Center and
resources, or minerals needed for battery
leagues to oppose this package of en Beach Drive Wastewater Treatment Plant— storage, renewable energy technology, and
bloc amendments, and I yield back the are owned by the City of Rio Vista but tech- electric vehicles.
balance of my time. nically outside the city limits. As such, it ap- The SPEAKER pro tempore. Pursu-
Mr. COURTNEY. Mr. Speaker, I rise in sup- pears these parcels were omitted inadvertently ant to House Resolution 147, the gen-
port of the amendment from Mr. TONKO and when the National Park Service prepared the tleman from Utah (Mr. CURTIS) and a
Mr. MCKINLEY to reauthorize and standardize legislative map for the then-proposed Delta Member opposed each will control 5
the management of the National Heritage National Heritage Area in 2010. Including minutes.
Areas, and salute them for their commitment these parcels within the National Heritage The Chair recognizes the gentleman
across multiple sessions of Congress to insti- Area’s boundary supports the City of Rio Vis- from Utah.
tute critical, lasting protections for our nation’s ta’s proposed redevelopment of the decom- Mr. CURTIS. Mr. Speaker, I yield
National Heritage Areas. missioned United States Army Reserve Cen- myself such time as I may consume.
This amendment would address the hap- ter, now owned by the City. Mr. Speaker, I rise today in support
hazard and confusing patchwork of authoriza- In March 2019, Congress enacted into law of my amendment to require a study of
tions for National Heritage Areas across the (Public Law 116–9) my legislation with U.S. any land impacted by the legislation to
country, with two right here in my neck of the Senator DIANNE FEINSTEIN (D–CA) designating determine if these areas contain geo-
woods, by instituting a universal timeline to the Sacramento-San Joaquin Delta as Califor- thermal resources or minerals needed
ensure these natural treasures are not subject nia’s first national heritage area. The Delta is for battery storage, renewable energy
to arbitrary lapses in authorization. These her- a crown jewel of our state and an iconic work- technology, or electric vehicles.
itage areas create jobs, establish destinations ing landscape, which my family has been for- We agree that we want to reduce
that people want to visit and vacation to, and tunate to call home for over 40 years. It is the human emissions that are polluting
are a smart investment in both the economy most productive watershed in the western our ecosystem. Renewable energy will
and the natural environment. United States and among the most eco- play a role long into the future, and we
Support from the federal government is logically important in the Western Hemisphere. must ensure we have the resources
what provides these areas with the foundation Together, we must safeguard the Delta and needed to make solar panels, wind tur-
needed to preserve and protect these natural the historic communities that make it such a bines, and batteries here in America.
spaces, but the work just starts there—from special place, including Rio Vista. Expanding President Biden agrees. Just yester-
that federal support, these National Heritage the Delta National Heritage Area will ensure day he issued an executive order to en-
Areas leverage countless dollars and volun- that the proposed redevelopment of the de- sure the United States has access to
teer hours to promote the environment and commissioned Rio Vista Army base and simi- domestic critical minerals. President
identity of their surrounding regions. lar projects on the adjacent publicly owned Biden’s fact sheet on the executive
Two of those treasures are especially close land are eligible to apply for the $10 million in order says: ‘‘While the U.S. is a net ex-
to my heart and would be reauthorized for 15 federal grant funding available until 2034. porter of electric vehicles, we are not a
years under this amendment—the Last Green I urge all Members to support my amend- leader in the supply chain associated
Valley National Heritage Corridor and the ment and the underlying bill, which I will work with electric battery production. The
Upper Housatonic Valley National Heritage to enact into law before California’s Delta Pro- U.S. could better leverage our sizable
Area. Both areas are incredible assets to east- tection Commission completes the manage- lithium reserves and manufacturing
ern Connecticut and the Northeast with the ment plan for the National Heritage Area. know-how to expand domestic battery
Last Green Valley encompassing 35 towns b 0945 production.’’
stretching from eastern Connecticut to Massa- The SPEAKER pro tempore. Pursu- To state the obvious, if we are acci-
chusetts. First designated as a National Herit- ant to House Resolution 147, the pre- dentally locking up lithium with this
age Corridor by Congress in 1994, the area vious question is ordered on the bill while President Biden says we
spans 1,100 miles in Connecticut alone, re- amendments en bloc offered by the should do the opposite, this is some-
mains 77 percent forest and farm, and is the gentleman from Colorado (Mr. thing Congress should know. This
last stretch of dark night sky in the sprawl be- NEGUSE). amendment does not prevent any part
tween Boston and Washington, D.C. The question is on the amendments of the lands package from being imple-
My colleagues from Connecticut and Massa- en bloc. mented, as currently drafted.
chusetts know that investments in our open The question was taken; and the I am a strong supporter of the local-
spaces provide an enormous value for tax- Speaker pro tempore announced that driven public lands legislation, which
payers, and I salute our neighbor and friend the ayes appeared to have it. is why I ensured my amendment would
for his amendment which would ensure that Mr. WESTERMAN. Mr. Speaker, on not impact any of the bills on the
these wonders are protected for future genera- that I demand the yeas and nays. ground level. There is parts of this
tions to enjoy. The SPEAKER pro tempore. Pursu- package I actually support. Mr.
Mr. GARAMENDI. Mr. Speaker, my amend- ant to section 3(s) of House Resolution HUFFMAN’s bill included in the public
ment (Garamendi No. 6) to the ‘‘Protecting 8, the yeas and nays are ordered. lands bill was supported by me last
America’s Wilderness and Public Lands Act’’ Pursuant to clause 8 of rule XX, fur- year.
(H.R. 803) would adjust the Congressionally ther proceedings on this question are This amendment is not a criticism of
designated boundary of the Sacramento-San postponed. this lands package. It is about listen-
Joaquin Delta National Heritage Area to in- AMENDMENT NO. 3 OFFERED BY MR. CURTIS ing to science and combating climate
clude approximately 62 acres of adjacent pub- change. More information is always
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The SPEAKER pro tempore. It is now
licly owned land in unincorporated Solano in order to consider amendment No. 3 better, more science is better. That is
County. printed in part B of House Report 117– all this amendment does, give us more
I thank Rules Chairman MCGOVERN (D–MA) 6. science-backed information as Con-
for making my noncontroversial amendment in Mr. CURTIS. Mr. Speaker, I have an gress faces the issues of producing re-
order and Natural Resources Chairman GRI- amendment at the desk. newable energy in the future.
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H749
Mr. Speaker, I reserve the balance of ping anything. We are simply asking gallium, and dozens more will be need-
my time. for a study. ed in the billions of pounds to meet the
Mr. NEGUSE. Mr. Speaker, I claim Mr. Speaker, I yield such time as he projected growth in electric vehicles
the time in opposition to the amend- may consume to the gentleman from and other renewable technologies. Even
ment. Arkansas (Mr. WESTERMAN). commodities like copper, which have
The SPEAKER pro tempore. The gen- Mr. WESTERMAN. Mr. Speaker, I historically been produced in surplus,
tleman from Colorado is recognized for thank the gentleman from Utah for his are now falling short of demand.
5 minutes. tireless work on doing what is right for Mr. Speaker, I encourage supporting
Mr. NEGUSE. Mr. Speaker, I yield the environment. I use that word ‘‘en- the gentleman’s amendment.
myself such time as I may consume. vironment,’’ and not the word ‘‘cli- Mr. CURTIS. Mr. Speaker, I am pre-
Mr. Speaker, I want to say, first, I mate,’’ because I want people to under- pared to close, and I reserve the bal-
appreciate the gentleman’s remarks on stand that those two things are dif- ance of my time.
this amendment. My friend from Utah, ferent. Mr. NEGUSE. Mr. Speaker, I wonder
I know from our work together last Climate is very narrowly focused. if my colleague might engage in just a
Congress and this Congress and from Climate is an issue that has made car- brief colloquy so I understand the
our bipartisan work on the Congres- bon, a necessary element, arch enemy scope of the amendment. What is the
sional Wildfire Caucus that the gen- number one. Republicans are about a most common way to assess geo-
tleman is sincere in his intent that he, cleaner, safer, and healthier environ- thermal or other mineral resources? I
too, wants to help address the climate ment. We are concerned not just about yield to the gentleman from Utah.
crisis and the threat that it poses to carbon in the atmosphere, but we are Mr. CURTIS. Mr. Speaker, I thank
our communities, and I thank him for concerned about forest health, about my colleague. I suspect you have an
that. air quality, about water quality, about answer ready to tell me, and I would
However, to that end, I would encour- wildlife habitat, about having great love to hear that.
age the gentleman and his colleagues places for recreation. Mr. NEGUSE. The gentleman is cor-
to continue to work with us across the Mr. Speaker, nobody wants to mine rect, I do have an answer. The most
aisle on opportunities to create clean, inside the Grand Canyon. Nobody is common way is to drill. That is the
green, well-paying jobs for all Ameri- mining inside the Grand Canyon. No- most common way to assess geo-
cans. Ultimately, I will be opposing the body ever will mine inside the Grand thermal and mineral resources.
gentleman’s amendment because I Canyon. We have already got the Grand With much respect to the gentleman,
don’t believe it is in the best interest Canyon National Park that establishes because, again, I know his intent is sin-
of this particular legislation. those boundaries, and these mineral cere, but this amendment is not simply
As we have heard over the course of withdrawals are far outside of the ac- a study amendment. This study amend-
the debate this morning and yesterday, tual Grand Canyon. ment, ultimately, if it were to succeed,
of course, on the bill, the various areas Mr. Speaker, we want a clean envi- would have the Interior Department
that are protected in this bill were in- ronment. We want a healthy environ- drilling countless wells throughout
cluded at the request of local commu- ment. We are all for cleaner tech- these wilderness areas to ultimately
nities who want to see these lands pro- nology, but that cleaner technology ascertain the information that the dis-
tected for future generations. takes certain things. It takes minerals tinguished gentleman seeks, and I just
One example, perhaps the most sa- and elements. It takes research and de- don’t think that is a prudent way for-
lient in my view, is the Thompson Di- velopment. It takes using all of the en- ward.
vide region in my bill, the CORE Act, ergy sources that we have. I would say to the distinguished
which has faced years of pressure to de- Why can’t we talk about creating ranking member, with respect to the
velop certain mineral interests that more next-generation nuclear power? areas around the Grand Canyon, that
local stakeholders, including the It has zero carbon. If your concern is the southwest United States, as I know
ranching community, oppose. about climate, your concern is about some of my colleagues are certainly fa-
The largest individual withdrawal carbon. And nuclear energy doesn’t miliar, is littered with remnants of
area in this bill actually surrounds the emit carbon. abandoned uranium mines and mill
Grand Canyon, a region with few iden- Why not put hydroelectric plants on sites that poison the water and the air
tified critical mineral resources, but existing dams? to this day, and those mines have hit
one that I believe we can all agree is of We don’t have to build new dams. We Tribal nations the hardest.
enormous importance to the American can add 12,000 megawatts of clean, car- So you can understand why the dis-
public. That importance, that value of bon-free hydropower on existing dams. tinguished chairman of our committee,
the Grand Canyon, as well as every We can use the natural resources that Chairman GRIJALVA, would feel so com-
area included in this bill, is ultimately we have and develop cleaner ways to pelled by local communities in the
why we are here today. use them. State that he represents to move for-
It is why my colleagues have gone As we develop more electrical compo- ward with the Grand Canyon protec-
through years of painstaking work de- nents and devices that, again, run on tions that are a part of this important
veloping a consensus with those local carbon-free energy, unless that energy wilderness package.
communities to identify those lands of is produced from carbon sources, but Mr. Speaker, while I very much re-
such exceptional value that they be- we have to have a stable and reliable spect my colleague and look forward to
lieve and the communities believe supply of energy, and we can’t have working with him on future proposals,
should be protected for future genera- that without developing these re- we respectfully oppose this amendment
tions. sources. and would ask for a ‘‘no’’ vote.
The bottom line is this: We believe I appreciate the gentleman’s concern Mr. Speaker, I yield back the balance
that some places should be set aside about not locking up these resources of my time.
permanently from extraction because and doing a study to make sure that Mr. CURTIS. Mr. Speaker, I yield
some landscapes, like the Grand Can- when we lock them up, we are not lock- back the balance of my time.
yon, are simply too special to be ing away our future, we are not taking The SPEAKER pro tempore. Pursu-
mined, drilled, or excavated. away the ability for this country to ant to House Resolution 147, the pre-
Mr. Speaker, with that, I respectfully produce our own energy supply, that vious question is ordered on the
oppose the gentleman’s amendment, we are not further relying on a foreign amendment offered by the gentleman
and I reserve the balance of my time. supply chain that is controlled by Com- from Utah (Mr. CURTIS).
Mr. CURTIS. Mr. Speaker, to my munist parties. The question is on the amendment.
dlhill on DSK120RN23PROD with House
friend from Colorado, I welcome his in- Mr. Speaker, we are blessed with a The question was taken; and the
vitation to work together on many of resource-rich country, but we are right Speaker pro tempore announced that
these issues. I point out that we are now at the mercy of foreign suppliers, the noes appear to have it.
simply asking for a study so that we especially China, to meet our mineral Mr. CURTIS. Mr. Speaker, on that I
know what is there. We are not stop- needs. Resources like lithium, cobalt, demand the yeas and nays. The
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H750 CONGRESSIONAL RECORD — HOUSE February 26, 2021
SPEAKER pro tempore. Pursuant to TITLE IX—RECOGNIZING THE TITLE IX—PRESERVING WILDERNESS
section 3(s) of House Resolution 8, the IMPORTANCE OF LOCAL INPUT CHARACTER AND WILD AND SCENIC
yeas and nays are ordered. SEC. 901. COUNTY APPROVAL. RIVER CHARACTER
Pursuant to clause 8 of rule XX, fur- No wilderness or potential wilderness des- SEC. 901. PRESERVING WILDERNESS AND WILD
ignation under this Act shall be effective in AND SCENIC RIVER CHARACTER.
ther proceedings on this question are
any county where the county has not for- (a) WILDERNESS.—The Secretary of Agri-
postponed. culture or the Secretary of the Interior, as
mally approved such designation.
AMENDMENTS EN BLOC NO. 2 OFFERED BY MR. appropriate, may exempt from any wilder-
AMENDMENT NO. 16 OFFERED BY MR. NEWHOUSE
NEGUSE ness or potential wilderness designated
OF WASHINGTON
Mr. NEGUSE. Mr. Speaker, pursuant At the end of the bill, add the following:
under this Act any area determined by that
to House Resolution 147, I rise to offer Secretary not to meet the definition of wil-
TITLE IX—PROTECTIONS derness under the Wilderness Act (16 U.S.C.
amendments en bloc.
SEC. 901. RENEWABLE ENERGY JOBS. 1131 et seq.).
The SPEAKER pro tempore. The
This Act shall not take effect until the (b) WILD AND SCENIC RIVERS.—The Sec-
Clerk will designate the amendments retary of Agriculture or the Secretary of the
Secretary of the Interior certifies that no re-
en bloc. newable energy jobs have been lost as a re- Interior, as appropriate, may exempt from
Amendments en bloc No. 2, con- sult of this Act. any wild and scenic river designated under
sisting of amendment Nos. 7, 8, 9, 11, 15, AMENDMENT NO. 17 OFFERED BY MR. NEWHOUSE this Act any area determined by that Sec-
16, 17, 25, 26, 27, and 29, printed in part OF WASHINGTON retary not to meet the qualifications for a
B of House Report 117–6, offered by Mr. At the end of the bill, add the following: wild, scenic or recreational river under the
NEGUSE of Colorado: Wild and Scenic Rivers Act (16 U.S.C. 1271 et
TITLE IX—PROTECTIONS seq.).
AMENDMENT NO. 7 OFFERED BY MR. GOSAR OF SEC. 901. RENEWABLE HYDROPOWER DEVELOP-
ARIZONA MENT. The SPEAKER pro tempore. Pursu-
At the end of title VIII, add the following: Nothing in this Act shall prohibit develop- ant to House Resolution 147, the gen-
SEC. 803. EXEMPTION. ment of new renewable hydroelectric energy tleman from Colorado (Mr. NEGUSE)
The withdrawal under section 802 shall not and associated transmission lines and rights- and the gentleman from Arkansas (Mr.
apply to any Federal land depicted on the of-way in the wild and scenic designations, WESTERMAN) each will control 10 min-
Map as ‘‘Federal Mineral Estate to be With- wilderness designations, or wilderness study utes.
drawn’’ located in the 4th Congressional Dis- area designations under this Act. The Chair recognizes the gentleman
trict of Arizona, as configured on the date of AMENDMENT NO. 25 OFFERED BY MR. STAUBER from Colorado.
enactment of this Act. OF MINNESOTA Mr. NEGUSE. Mr. Speaker, I reserve
AMENDMENT NO. 8 OFFERED BY MR. GOSAR OF Page 330, after line 6, add the following: the balance of my time.
ARIZONA TITLE IX—RECOGNIZING THE Mr. WESTERMAN. Mr. Speaker, I
At the end of title VIII, add the following: IMPORTANCE OF LOCAL INPUT yield myself such time as I may con-
SEC. 803. SUPPORTING SCIENCE-BASED LAND SEC. 901. COUNTY APPROVAL. sume.
MANAGEMENT. No mineral withdrawal under this Act Mr. Speaker, I rise today in support
The withdrawal under section 802 shall not shall be effective in any county where the
go into effect until the Secretary of the Inte-
of the en bloc amendments that would
county has not formally approved such with- offer important improvements to the
rior completes a mineral survey of the area drawal.
proposed for withdrawal, including uranium, underlying bill.
AMENDMENT NO. 26 OFFERED BY MR. STAUBER
rare earth elements, geothermal and oil and Unfortunately, this en bloc is only a
OF MINNESOTA
gas resources, and determines that there are fraction of the amendments Repub-
no mineral resources, geothermal resources, Page 30, after line 2, insert the following:
licans would have offered if Democrats
or critical minerals present other than ura- SEC. 107. APPLICATION.
had held a markup on the bill in the
nium. Notwithstanding any other provision of
this Act, this Act shall not apply to any Natural Resources Committee.
AMENDMENT NO. 9 OFFERED BY MS. HERRELL OF It is egregious that House Democrats
lands or waters in the Third or Fifth Con-
NEW MEXICO rejected every single Republican recre-
gressional Districts of Colorado as in exist-
Strike subsection (i) of section 103. ence on the date of enactment of this Act. ation and wildfire amendment offered
Strike section 233. Page 329, after line 4, insert the following: at the Rules Committee. House Demo-
Strike subsection (c) of section 302.
Strike section 404.
Subtitle E—Local Input crats also denied Representative
Strike section 407. SEC. 761. APPLICATION. BOEBERT of Colorado the chance to
Strike section 713. Notwithstanding any other provision of offer a single amendment to this legis-
AMENDMENT NO. 11 OFFERED BY MR. LAMBORN this Act, this Act shall not apply to any lation, despite the fact that one-third
OF COLORADO lands or waters in the Third or Fifth Con- of all wilderness designations con-
gressional Districts of Colorado as in exist- tained in the entire bill are in her dis-
Page 330, after line 6, insert the following: ence on the date of enactment of this Act.
TITLE IX—SAVINGS CLAUSE Page 330, after line 6, insert the following:
trict, and she has never had the chance
SEC. 901. UTILITY FACILITIES AND RIGHTS OF SEC. 803. APPLICATION.
to even debate it, as a new Member of
WAY. Notwithstanding any other provision of Congress.
Nothing in this Act shall— this Act, this Act shall not apply to any One amendment that I offered is in-
(1) affect the use, operation, maintenance, lands, waters, or minerals in the Fourth Con- cluded in this package, and it would
repair, construction, destruction, reconfig- gressional Districts of Arizona as in exist- rectify the fact that Democrats have
uration, expansion, inspection, renewal, re- ence on the date of enactment of this Act. arbitrarily included tens of thousands
construction, alteration, addition, reloca- AMENDMENT NO. 27 OFFERED BY MR. STAUBER of acres of wilderness designations that
tion, improvement, removal, or replacement OF MINNESOTA have not been recommended for wilder-
of a utility facility or appurtenant right of-
way within or adjacent to any wilderness
Page 30, after line 2, insert the following: ness or do not meet the basic definition
areas or potential wilderness areas des-
SEC. 107. APPLICATION. of wilderness in the Wilderness Act.
ignated in this Act; Notwithstanding any other provision of If my Democratic colleagues feel so
(2) affect access to a utility facility or this Act, this Act shall not apply to any confident that every single acre in this
right-of way within or adjacent to a wilder- lands or waters in the Third Congressional bill is actually worthy of a wilderness
ness area or potential wilderness area des- District of Colorado as in existence on the
date of enactment of this Act.
designation, they should have no prob-
ignated in this Act; or lem supporting my simple amendment
(3) preclude the establishment of a new Page 329, after line 4, insert the following:
Subtitle E—Local Input to reaffirm proper wilderness charac-
utility facility or right-of-way (including
instream sites, routes, and areas) within a SEC. 761. APPLICATION.
teristics.
wilderness area or potential wilderness area Notwithstanding any other provision of
Also included in these amendments is
designated in this Act if such a facility or this Act, this Act shall not apply to any a proposal from one of our freshmen
members of the Natural Resources
dlhill on DSK120RN23PROD with House
right-of-way is necessary for public health lands or waters in the Third Congressional
and safety, electricity supply, or other util- District of Colorado as in existence on the Committee, Representative MOORE
ity services. date of enactment of this Act. from Utah. It will protect the rights of
AMENDMENT NO. 15 OFFERED BY MR. MOORE OF AMENDMENT NO. 29 OFFERED BY MR. counties to have a say in local land use
UTAH WESTERMAN OF ARKANSAS by requiring county approval of wilder-
Page 330, after line 6, add the following: Page 330, after line 6, add the following: ness designations.
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H751
Representative STAUBER also offered the State of Colorado. I represent a dis- ative GOSAR’s amendment No. 7. These
a version of this amendment for min- trict that is the size of New Jersey—far are the folks who know best for their
eral withdrawals and several amend- bigger than Delaware—10 counties, families, their neighbors, and their
ments that would exclude congres- stretches all the way to the Wyoming land.
sional districts represented by Mem- border, Grand County, half of Eagle MOHAVE COUNTY BOARD
bers of Congress who were not con- County, Summit County. I look for- OF SUPERVISORS,
sulted on this legislation and strongly ward to taking the ranking member to Kingman, AZ, February 24, 2021.
oppose it. my district in Colorado and showing Hon. PAUL GOSAR,
This should not be a difficult hurdle him these incredible places that we Washington, DC.
CONGRESSMAN GOSAR: The Mohave County
to overcome. In fact, it should be a de- seek to protect, because I believe if he Board of Supervisors is writing to offer our
sirable outcome for the sponsor of has a chance to visit them, I may be support for your amendment to H.R. 803—
these bills. Forcing land management able to convince him of the same. Colorado Wilderness Act of 2021. As you
decisions upon local communities with- I also just say, secondly, with respect know, the passage of this legislation will
out their support is a bad idea. to the process complaints, as I said have a grave effect on Mohave County, Ari-
yesterday, every title of this bill was zona, and our neighboring counties in Utah.
b 1000 Uranium mining in the past has been the
heard, was marked up, passed out of
Another one of our freshman com- forefront of our economic growth in Mohave
committee, and passed this Chamber, County and if allowed to continue will bring
mittee members, Representative on this floor in the 116th Congress—not in nearly $29 billion to our local economy
HERRELL of New Mexico, offered an once, twice. over a 42 year period. The passage of H.R. 803
amendment to remove all potential So I understand the gentleman’s de- would make permanent a 2012 moratorium
wilderness designations in the bill. sire to have more amendments. I think on uranium mining in our area. The lan-
This bill designates an amount of area it is a bit odd to be arguing that he is guage of your amendment would help allevi-
equivalent to the size of President unable to amend the bill when he is lit- ate the permanent economic loss we would
Biden’s home State of Delaware, and it erally debating the amendments that sustain under the passage of H.R. 803. We
includes only one wilderness study area strongly support the passing of this amend-
he is offering as they exist today, that
release. We shouldn’t be adding poten- ment as presented in the Rules Committee
we are proceeding to debate in this and the House of Representatives. Without
tial wilderness to this bill without re- fashion. this amendment, the financial stability of
leasing an equivalent amount of wil- In any event, I will simply say that our economy in Mohave County would dras-
derness study area first. these amendments, as I said earlier, tically suffer.
Finally, this package of amendments are not a good-faith attempt to im- In 2012, the Secretary of the Interior im-
would improve our American energy prove this bill, and for that reason we posed a 20 year ban on over 1 million acres of
security by ensuring continued devel- would oppose them. land in the Arizona Strip Area for the pur-
opment of critical energy infrastruc- pose of Uranium mining. This ban included
Mr. Speaker, I reserve the balance of
ture, promoting the responsible utiliza- both public lands and National Forest Sys-
my time. tem lands. This ban took away much needed
tion of domestic critical minerals, fa- Mr. WESTERMAN. Mr. Speaker, I growth and jobs from our area. Secretary
cilitating rights-of-way for utilities, would love to visit the gentleman’s dis- Salazar at the time issued this withdrawal
and protecting jobs in the energy sec- trict, take some photos so that we without complying with the law requiring
tor. In contrast, the underlying bill is could show future generations what it coordination with local governments. The
just an extension of the Biden ban and looked like before it was locked away Federal Land Policy Management Act, 43
will hurt rural jobs and our national in wilderness, and maybe be able to USC Section 1711 requires that the Secretary
security. talk about some of those forest man- and his designees ‘‘coordinate’’ with local
Mr. Speaker, I wish that Democrats government as to development and imple-
agement activities and how it could mentation of any plan or management ac-
afforded us more than 10 minutes to help improve the area. tion. Coordination is defined in the Act as
consider these amendments that would Mr. Speaker, I yield 1 minute to the requiring prior notice of proposed plans and
actually improve our environment and gentleman from Minnesota (Mr. actions to the local government officials
economy through conservation and STAUBER). (‘‘prior’’ meaning prior to public announce-
multiple use. Mr. STAUBER. Mr. Speaker, I rise ments, and early enough to provide ‘‘mean-
Mr. Speaker, I would urge all of my today in support of the amendments ingful’’ participation by the local officials in
colleagues to strongly support this en contained in this en bloc package, the ‘‘development’’ of the plan or action.).
bloc of amendments, and I reserve the The congressional mandate or coordination
which includes three of my own and
also requires the Secretary to use all prac-
balance of my time. two I offer on behalf of my good friend ticable means to reach consistency between
Mr. NEGUSE. Mr. Speaker, I rise in and colleague, Mr. GOSAR. the federal plan/management action and
strong opposition to en bloc No. 2. The amendments I offer restore con- local policy, plan or law. All of which Sec-
The amendments in this bloc run the trol to locals who not only recreate in retary Salazar did not do.
gauntlet of ideological opposition to the areas impacted by the underlying Making this ban permanent based on mis-
wilderness, public lands protections, bill, but live and earn their livelihoods information will have lasting effects on Mo-
and our efforts that respond to the cli- there, too. This is about northern Ari- have County. We respect and take a responsi-
mate crisis. The amendments are not a bility for protecting the Grand Canyon, but
zona and western Colorado. This is
saying that the Grand Canyon will suffer be-
good-faith effort to attempt to improve about uranium formations in Rep- cause of mining is inaccurate. Secretary
the bill or work with the Democratic resentative GOSAR’s district, and oil Salazar’s reasoning behind the withdrawal
sponsors of the committee. They sim- and gas in Representatives LAMBORN’S was out of concern that it could damage the
ply seek to outright reverse or fun- and BOEBERT’S districts. This is about region’s drinking water and the park’s water
damentally weaken the various des- local governance and listening to those quality. Bureau of Land Management offi-
ignations proposed in this bill. who live and work in the area, not just cials contradicted those claims by explaining
In many cases, if these amendments those who make it a short weekend re- that their Arizona Strip field office had no
were adopted and signed into law, the evidence of contamination of water, and had
treat.
no evidence of problems with the safe oper-
result would leave these areas with The amendments I offer today move ation of the uranium mines in operation on
fewer protections than they currently control of land back to those who gov- the lands.
have under the status quo. ern best. These amendments exempt Uranium mining is important and useful
Now, I heard a lot of wide-ranging ar- the bill from taking effect in Arizona’s for many reasons. The lands in the ‘‘Strip’’
guments against this bill from the dis- Fourth, Colorado’s Third, and Colo- contain the nation’s high grade uranium de-
tinguished ranking member, but let me rado’s Fifth Congressional Districts, posits and enough uranium to provide power
just begin by responding to two points and require county input. Those who generation for the state of California for
dlhill on DSK120RN23PROD with House
over 20 years. Uranium is useful in many
specifically: represent these districts were not ways. It is used by our military for national
First, with respect to this notion of meaningfully consulted on these bills. security and defense. Uranium metal is very
having local community support, I Mr. Speaker, I include in the RECORD dense and heavy. When it is depleted (DU),
would simply say—and I welcome my a letter from the Mohave County Board uranium is used by the military as shielding
colleague to come visit my district in of Supervisors in support of Represent- to protect Army tanks, and also in parts of
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H752 CONGRESSIONAL RECORD — HOUSE February 26, 2021
bullets and missiles. The military also uses of the communities that rely on this commissioners have supported this
enriched uranium to power nuclear propelled land and water or the delicate eco- over the years.
Navy ships and submarines, and in nuclear systems it contains. We cannot im- I personally have been to almost
weapons. A permanent withdrawal of ura-
prove upon this wonder, and we should every area in the legislation. I have
nium mining from the ‘‘Strip’’ harms the
American people by removing between 326– not play a part in its destruction. met with scores of businesses, local
375 million lbs (the equivalent electricity Mr. Speaker, I support protecting the elected officials, and citizens, and I
generating capacity for the entire state of Grand Canyon, and I am proud of the challenge anybody to go look at these
California’s 40 million people for 22.4 years) vote we will take later today to safe- very special areas and tell me that
of uranium. guard it for future generations. they should not be preserved for future
From a national security standpoint, do- Mr. WESTERMAN. Mr. Speaker, I generations.
mestic utilities now import 90% of the ura- yield 1 minute to the gentlewoman The same goes for every single title
nium used to operate America’s 104 nuclear
from New Mexico (Ms. HERRELL). of this legislation. It has been vetted,
reactors. Thirty years ago, these reactors
used U.S. mined uranium for 100% of elec-
Ms. HERRELL. Mr. Speaker, I rise in it has been revetted, and it has been re-
tricity production. The nation cannot be pro- support of my amendments that would vetted again, and it has strong reasons
nuclear and anti-nuclear fuel. In sum, these strike all potential wilderness designa- for designation as public lands, and it
deposits represent the last available use of tions from this bill. A wilderness des- has strong local support.
our public lands for economic growth in our ignation is one of the most restrictive Mr. WESTERMAN. Mr. Speaker, I
region. designations that the Federal Govern- yield 1 minute to the gentleman from
The opponents of uranium mining have ment can put on a piece of land. They Utah (Mr. MOORE).
chosen to ignore the fact that mining with
put limits on forest management ac- Mr. MOORE of Utah. Mr. Speaker, I
environmentally sound reclamation was con-
ducted from the early 1980s until the price of tivities, access for emergency and mili- thank the gentleman for yielding.
uranium collapsed in 1993. No mining at all tary personnel, and limit access for the Mr. Speaker, I am proud to rise in
occurred from 1993 until 2010, and the general public. support of these amendments. Utah
Denison mine which is now operating, is fol- As we have seen across the West, ranks second in the country for per-
lowing and often exceeding all environ- areas designated as potential wilder- centage of land owned by the Federal
mental and safety laws. ness or wilderness study areas sit in Government, so we understand the
Arizona needs to go back to the roots that limbo for decades. Criteria for what challenges and opportunities that come
led to Arizona being developed, and that is
constitutes a wilderness area is very with land designations.
mining. The strict federal and state environ-
mental laws already on the books will pro- clear and straightforward. Keeping Mr. Speaker, with Utah’s interests in
tect the public from environmental damage lands under potential wilderness or wil- mind, I introduced a commonsense
to the Grand Canyon watershed. The mining derness study area designations for ex- amendment that would require local
of uranium however does not affect ground tended periods of time is unnecessary land officials to approve wilderness
water nor destroy the natural resources of and greatly handicaps rural commu- designations, empowering the local
the land. It does not require open pit mining. nities in the West. communities to work with the Federal
Upon completion of mining one Breccia Pipe Mr. Speaker, let me emphasize: Many Government on major land decisions,
(4 years) the land is placed back into its na- of the counties affected by these poten- and the previous comments actually
tive state.
We want to thank you for putting forward tial wilderness designations are al- emphasize the importance of that. And
this amendment. Nuclear energy can be the ready living in lands with over 80 per- I appreciate that, and I respect that,
future of clean energy. We have the re- cent publicly managed lands. Many of the local input that the gentlewoman
sources in this Country to ensure that hap- my Eastern colleagues may not appre- was mentioning.
pens and we have the technology and means ciate what that means for local govern- Our system works best when there is
to ensure mining that energy is both envi- ments in the affected counties when I close collaboration between all levels
ronmentally safe and protects our natural say a county is over 80 percent public in government. Our State and local
resources. We stand in support of the amend-
land. Public lands are not taxable, governments see firsthand obstacles to
ment.
Sincerely, meaning that the local tax base for successfully managing their resources,
BUSTER JOHNSON, counties that have high amounts of and they are experts in their commu-
Chairman, Federal lands is extremely small, nities’ unique needs and concerns. As
Mohave County Board of Supervisors. therefore, their multiple use on these policymakers, we have a responsibility
Mr. STAUBER. Mr. Speaker, I urge a lands prevented by this legislation is to bring local officials to the table so
‘‘yes’’ vote on this en bloc, and a ‘‘no’’ crucial for economic success. that we can make the most informed
on the underlying bill. Mr. NEGUSE. Mr. Speaker, I would land decisions possible.
Mr. NEGUSE. Mr. Speaker, I yield 2 just note for the record with reference Wilderness areas can be beautiful,
minutes to the distinguished gen- to ‘‘Eastern colleagues,’’ I represent but these designations bring many
tleman from Arizona (Mr. STANTON). the State of Colorado, my colleague, challenges. Our Federal lands will be
Mr. STANTON. Mr. Speaker, I thank Representative DEGETTE, represents best managed when we include our con-
the gentleman and I also thank the the State of Colorado, the vast major- stituents’ perspectives. Unfortunately,
chairman of the Committee on Natural ity of the sponsors of this bill rep- this process has denied my Republican
Resources and my fellow Arizonan, resents Western States. My district is colleagues and me the ability to do just
dean of our delegation, Congressman not all that far from the gentle- that.
RAÚL GRIJALVA, for their leadership. woman’s district in New Mexico. Mr. Speaker, I urge my colleagues to
Mr. Speaker, when people think of Mr. Speaker, I yield 1 minute to the vote for these very sensible and reason-
Arizona, they think of our Grand Can- distinguished gentlewoman from Colo- able amendments.
yon—perfectly chiseled over millions of rado (Ms. DEGETTE), the dean of our Mr. NEGUSE. Mr. Speaker, I would
years by the Colorado River. Its beauty delegation. just say to my colleague: One, I want
and scale are humbling. But to us, it Ms. DEGETTE. Mr. Speaker, I just to welcome him to the United States
represents so much more than a nat- couldn’t let this go. Insinuating that Congress, and I thank him for his
ural wonder. the sponsors of this legislation, on all thoughtful recitation with respect to
The Grand Canyon National Park the titles of this legislation have not the amendment he offered.
welcomes 6 million visitors a year. It is been to these areas and that these des- But I just want to assure him, for ex-
the cornerstone of our State’s tourism ignations do not have local support is ample, with respect to the CORE Act,
industry, directly supporting almost simply untrue. my provision of this bill, it has the
10,000 jobs. Though it is special to all, Two-thirds of the individuals in the support of every county in which a part
affected areas in title 1 of my part of of the bill is designated. That is to say,
dlhill on DSK120RN23PROD with House
it is sacred to the indigenous commu-
nities who call it home and who know the bill, which have been mostly man- in the areas where there are protec-
better than anyone how critical it is to aged as wilderness study areas for 40 tions being made in the bill, the coun-
protect. years, support wilderness. Scores of ties in those areas support this bill.
It is simple: This is no place for ura- local public officials, scores of local And that is why this bill has attracted
nium mining. We can’t risk the health mayors, city councils, and, yes, county such bipartisan support back home in
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H753
Colorado and why it has passed the ‘‘Buck’’ McKeon National Defense Author- with new wilderness designations. We agree
House twice. ization Act for Fiscal Year 2015 (PL 113–291). with Congressman Doug Lamborn’s state-
Mr. Speaker, I reserve the balance of This legislation released a WSA and specifi- ments that the American people deserve to
cally protected motorized usage in the area access our nation’s public lands—not to be
my time. locked out of them and that a wilderness
moving forward, designated a large special
Mr. WESTERMAN. Mr. Speaker, may designation does not guarantee the protec-
management area where multiple uses were
I inquire how much time both sides protected and designated Wilderness in areas tion of these lands.
have remaining. where that management was appropriate. We We support Congresswoman Lauren
The SPEAKER pro tempore. The gen- had hoped this collaboration was a roadmap Boebert’s amendments to the bill and ask
tleman from Arkansas has 33⁄4 minutes for resolving many of the ongoing challenges that the House allow local governments to
remaining. The gentleman from Colo- we encounter around Wilderness designation make the right decisions for their commu-
and releases. Unfortunately, we were incor- nities, especially when it comes to managing
rado has 41⁄2 minutes remaining. our beautiful outdoors.
Mr. WESTERMAN. Mr. Speaker, I rect as exemplified by the efforts around HR
Please feel free to contact us if you want
yield 2 minutes to the gentlewoman 577 and HR 803 as phone calls are not re-
to discuss this matter further. Thank you for
turned, meetings are continued and ideolog-
from Colorado (Mrs. BOEBERT), who, your consideration.
ical trench warfare has returned around
again, represents one-third of the area Sincerely yours,
these Proposals.
proposed in this wilderness area, to tell ALVIN SCHAAF,
It is worth noting, the Colorado Wilderness
the House about how the people there Chairman, Board of County Commissioners.
Act would heavily impact many recently de-
really feel. veloped trail networks that have enjoyed
GRAND JUNCTION AREA
Mrs. BOEBERT. Mr. Speaker, I thank strong bi-partisan and community support or
CHAMBER OF COMMERCE,
the gentleman from Arkansas for yield- historical trail networks that serve a wide
February 24, 2021.
ing. I thank Mr. STAUBER for working range of interests. Examples of these types
Congresswoman LAUREN BOEBERT,
of losses would include:
with me on several amendments that Washington, DC.
1. Bangs Canyon area, which developed an DEAR CONGRESSWOMAN BOEBERT: On behalf
protect Colorado’s Third Congressional extensive multiple use trail network after a
District. All 11 of my amendments to of the 900 small businesses employing 37,000
complete NEPA review and analysis and al- people that the Grand Junction Area Cham-
give voice to the people in my district most a million dollars in direct funding from ber of Commerce represents, I am writing to
were denied. users for the project. The Bangs Canyon encourage you to oppose H.R. 803, a bill that
Mr. Speaker, this bill targets my dis- SMA area is now to be designated as Wilder- would lock up public lands in Mesa County
trict and would lock up more than ness. and negatively impact our local economy.
550,000 acres of it with new wilderness 2. Delores Canyon—this area has a large Our community’s economy is still reliant in
network of trails serving a wide range of in- part on the business activity generated by
designations. The Mesa County Com-
terests that has existed for an extended pe- our legacy industries of agriculture and en-
missioners, Montezuma County Com- riod of time without controversy. ergy. This bill if passed will negatively im-
missioners, Dolores County Commis- While the list above is far from exhaustive, pact our already fragile economy and jeop-
sioners, the Archuleta County Commis- these are examples of impacts we are seeing ardize our economic recovery.
sioners, White River and Douglas Creek all too frequently. These are lands that are literally in our
Conservation Districts, the Colorado A. OUR POSITION ON SPECIFIC AMENDMENTS backyard in Mesa County yet Congress-
Farm Bureau, and numerous other con- woman DeGette continues to ignore us, does
Please note that while we do not specifi-
stituencies in Colorado strongly oppose not meet with us, and does not even consider
cally address every Amendment, several of
the consequences of her bill on the hard-
this bill because of the damage they these are unrelated to recreational usages
working families of our areas.
know that it will cause and activities and outside our expertise to discuss in a In addition to opposing H.R. 803 our organi-
it will prevent. meaningful manner. While we are not op- zation supports the various amendments you
Mr. Speaker, I include in the RECORD posed to any of the Amendments on the list, are proposing be added to the bill that in-
we are not taking a position. clude keeping the BLM Headquarters in
several of those letters of opposition. 1. Rep. Boebert 30x30 Program Nullifica-
COLORADO SNOWMOBILE Grand Junction, Colorado, requiring that af-
tion Amendment #18: fected counties must approve the Wilderness
ASSOCIATION, Vigorously support. This Executive Order
COHVCO, TRAILS PRESERVATION Designation and protects grazing and water
is a direct conflict with multiple mandates rights.
ALLIANCE, that have managed public lands successfully We appreciate your efforts to help retain
February 23, 2021. for decades. Not only does this EO conflict jobs and the diversity of our local economy
Re 2021 Omnibus Wilderness & Amendments. with these mandates, the application of by opposing H.R. 803 and offering amend-
Congresswoman LAUREN BOEBERT, these concepts to private property rights and ments to help preserve the livelihood of our
Att: Jeff Smalls & Ashley Higgins, interests is even more troubling. families and our way of life.
Washington DC. 2. Rep. Boebert—BLM headquarters— Sincerely,
DEAR JEFF AND ASHLEY: Please accept this Amendment #16: DIANE SCHWENKE,
correspondence as the comments of the Vigorously support. Moving BLM national President/CEO.
above referenced Organizations vigorously headquarters closer to lands owned and man-
opposing the CORE Wilderness Proposal (HR aged by BLM has greatly increased the re- SAN JUAN TRAIL RIDERS,
803) and the Colorado Wilderness Act (HR577) sponsiveness of the BLM to a wide range of Durango, CO,
hereinafter referred to as ‘‘the Proposal’’. issues. This amendment has garnered strong Congresswoman LAUREN BOEBERT,
After a detailed review of the Proposal, the bipartisan support. Attn: Jeff Smalls & Ashley Higgins,
Organizations have concluded that every 3. Rep. Boebert Native Americans, Other Washington, DC.
area expanded or created in the Proposal Minorities and Women Jobs Protection Act— Re 2021 Omnibus Wilderness & Amendments.
would result in significant lost recreational Amendment #60: DEAR JEFF AND ASHLEY: Please accept this
opportunities for the overwhelming portion No position. correspondence as support of comments sub-
of visitors to the Proposal area, both cur- 4. Rep. Boebert CO, AZ, CA, WA Wilderness mitted by Trails Preservation Alliance
rently and in the future. While there are sig- Study Act Amendment #56: (‘‘TPA’’), Colorado Off Highway Vehicle Coa-
nificant lost opportunities, there is also no Vigorously support. The lingering designa- lition (‘‘COHVCO’’), and Colorado Snow-
additional protections for multiple use tions around the Wilderness process create mobile Association (‘‘CSA’’) in their vigor-
routes that might remain outside the Wilder- significant management challenges moving ously opposing the CORE Wilderness Pro-
ness areas and no new areas are designated forward in areas that have never been suit- posal (H.R. 803) and the Colorado Wilderness
or released for multiple use recreational op- able for designation as Wilderness. The loss Act (H.R. 577).
portunities. of historical recreational opportunities due San Juan Trail Riders (‘‘SJTR’’) is a sin-
The Organizations have spent many years to the lingering designation of the West Nee- gle-track motorized trail user group that has
trying to hammer out something that works dles WSA was a major issue driving the a membership of nearly 400 members within
for everyone around these proposals, and Hermosa Creek legislation. the Four Corners Area, California and Texas.
have simply been stonewalled at every turn These members provide significant positive
by the sponsors of this legislation in both BOARD OF COUNTY COMMISSIONERS, economic impacts to a broad range of busi-
Houses of Congress. This is despite the fact ARCHULETA COUNTY, COLORADO, nesses and communities in cities and towns
dlhill on DSK120RN23PROD with House
our groups were thanked by outgoing Sen- Pagosa Springs, CO, February 24, 2021. throughout the region. The organization has
ator Mark Udall for our collaboration and ef- TO WHOM IT MAY CONCERN: The Archuleta for over 30 years provided significant support
forts around the development of the Hermosa County Board of County Commissioners is to agencies like the BLM and USFS for rec-
Creek Watershed Management legislation opposed to H.R. 803, the ‘‘Protecting Amer- reational single-track motorized trail con-
signed into law on December 19, 2014 as Sec- ica’s Wilderness and Public Lands Act’’. This struction, maintenance and repair. Addition-
tion 3062 in the Carl Levin and Howard P. bill would lock-up nearly 1.5 million acres ally, this agency is responsible for helping to
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H754 CONGRESSIONAL RECORD — HOUSE February 26, 2021
establish special grant applications from ex- these events could lead to serious con- families across the United States, we write
isting state OHV Funds. SJTR has head- sequences for the wild horses, area habitat, in strong opposition to H.R. 803, the Pro-
quarters in Durango, CO. and surrounding property owners. tecting America’s Wilderness and Public
Submitted by, 4. More than 850 acres of Gunnison Sage- Lands Act. Collectively this package of bills
DERIC HOOK, Grouse Habitat are included in the proposed impacts lands in California, Colorado, Ari-
Board Member, San Juan Trail Riders. South Bangs Canyon Proposed Wilderness zona and Washington by creating nearly 1.5
area and The Palisade Proposed Wilderness million acres of new wilderness, the most re-
MESA COUNTY, area which could limit management activi- strictive federal land use classification. Ad-
BOARD OF COMMISSIONERS, ties, lek counting, and habitat restoration ditionally, it would designate 1,200 miles of
Grand Junction, CO, February 25, 2021. activities by the US Fish and Wildlife Serv- wild and scenic rivers and create 110,000
Re Colorado Wilderness Act of 2021, H.R. 803. ice. acres of National Monument expansion. Fur-
5. Non-motorized trail based recreation is ther, many of the wilderness and wild and
Hon. DIANA DEGETTE, scenic river designations contained in this
House of Representatives, critical for our region’s quality of life and
economy. The potential for exclusion of bill are not suitable for these restrictive des-
Washington, DC. ignations. To declare areas that do not pos-
DEAR REPRESENTATIVE DEGETTE: As the mechanized travel, e.g. bicycles, from thou-
sands of acres of public lands in western Col- sess these characteristics undermines the in-
Board of County Commissioners (‘‘Board’’) tegrity of the Wilderness Act and the Wild
for Mesa County, Colorado, we are again orado is not supported by the Board. Of par-
ticular concern is the North and South and Scenic Rivers Act as well as the lands
writing in strong opposition to the Colorado that possess those features.
Wilderness Act of 2021, H.R. 803 (‘‘the Act’’). Bangs Canyon Proposed Wilderness areas.
Given the proximity to and importance of Farmers and ranchers rely on federal for-
Mesa County’s opposition to additional Wil- ests and rangelands for economic and rec-
derness designation within Mesa County is the Tabeguache Trail, the region is of inter-
est to local trail groups for future trail based reational opportunities. Livestock grazing
clearly documented in ‘‘A Resolution of the on federal lands forms an integral part of
Board Of County Commissioners of Mesa recreation growth.
6. The Act eliminates ‘‘development for ranching operations across the United
County, Colorado Opposing the Colorado Wil- States, especially in the West. But farmers
any new irrigation and pumping facility, res-
derness Act of 2015 (H.R. 3336) and Calling on also use national forests and rangelands
ervoir, water conservation work, aqueduct,
Congress to Release All Wilderness Study throughout the United States in a variety of
canal, ditch, pipeline, well, hydropower
Areas in Colorado’’ (attached) passed and other ways. Federal lands throughout the
project, transmission, other ancillary facil-
adopted on September 21, 2015, and the letter country are important components of our
ity or other water, diversion, storage, or car-
of opposition to the Colorado Wilderness Act nation’s watersheds that provide water to a
riage structure’’ in the Wilderness designa-
of 2019, dated June 24, 2019 (attached). large number of Americans. Active land
tion. As Colorado’s water resources require
Wilderness designations are the most re- management practices such as timber pro-
more astute management, eliminating the
strictive land management tool available duction and livestock grazing are critical to
option to create and expand necessary water
and are in direct conflict with the multiple protect against wildland fires which dev-
storage and delivery systems and the ability
use mandate of our federally managed lands. astate range resources, damage watersheds,
to improve critical drainages and watersheds
As federally managed lands, these areas are threaten wildlife and put rural communities
indefinitely is imprudent.
subject to customized protections through at great risk.
In addition to ending critical access and
various designations identified in area re- American farmers and ranchers have a gen-
multiple use of public lands, the Board be- uine interest in healthy and productive fed-
source management plans, including prohibi-
lieves Wilderness designations also: eral forest and rangelands. At the same time,
tion of grazing, seasonal travel limitations 1. unfairly discriminates against those
and closures, and oil and gas lease stipula- we have a genuine interest in seeing lands
that are unable to walk or ride horseback,
tions. managed in an environmentally sound man-
including those with disabilities and the el-
Mesa County supports less restrictive fed- ner. Farmers and ranchers understand and
derly;
eral designations that involve appropriate, appreciate that active management of our
2. creates additional hardships on adjacent
special management protections determined federal lands is critical to the long-term via-
property owners, lessees, and other nonrecre-
through responsible land use planning that bility of the ecosystem, the resource, and the
ation users who face restricted travel; and,
allow stakeholders to work together to iden- communities they support. Designations in-
3. abolishes future productive uses of all
tify and address issues with local solutions cluded in H.R. 803 threaten multiple use
resources within the designated area, includ-
for each unique area, rather than a broad- areas by prohibiting the employment of mo-
ing those that enrich residents and visitors’
brush approach that ends multiple use of torized tools and mechanized vehicles in wa-
lives, in perpetuity.
these lands in perpetuity. Mesa County is comprised of more than tershed management, trail maintenance, soil
The Colorado Wilderness Act of 2021 egre- 72% public lands. Our economy and way of treatment, noxious weed control, waste man-
giously fails to take into account several im- agement and fire protection.
life are deeply reliant on these lands, and en-
portant considerations concerning necessary Our nation’s federal forests are facing seri-
suring the proper management of them is of
access, such as: ous threats from fires, insects and disease
the highest concern for all who live here. To due to a lack of active forest management.
1. Three of the five proposed Wilderness suggest that anyone in Mesa County would
areas in Mesa County have experienced The poor health of our federal forests also
wish these lands destroyed is false and offen- threatens wildlife populations and neigh-
wildfires over the past two decades. Lack of sive. However, with more than 100,000 acres boring non-federal lands, as well as the vital-
access for wildfire mitigation, proper extin- of designated Wilderness and more than ity of rural, forested communities across the
guishment, and post-fire restoration in- 80,000 acres held in perpetual Wilderness country. A vibrant livestock and forest prod-
creases the probability and severity of dev- Study Area limbo, residents of Mesa County ucts industry helps diversify rural economies
astating wildfires. Lack of access also com- do not want to see more of their public lands in ways that compliment ranching and agri-
pounds the potential for life-safety emer- made inaccessible. Further, with the possible cultural operations. Wilderness and National
gencies as responding personnel will be ob- passage of the Colorado Outdoor Recreation Monument designations eliminate federal
structed when answering time-sensitive and Economy Act (‘‘CORE Act’’), Colorado land management agencies ability to effec-
calls. will see varying levels of conservation in tively protect against the threat of cata-
2. Based on the mapping provided by the counties that desire such protections. strophic wildland fire.
Colorado Oil and Gas Commission, the pro- We invite you to visit Mesa County and Farmers, landowners, and grazing
posed Little Book Cliffs Wilderness polygon speak with those directly affected by the permitees should be fully involved as af-
includes the Laramie Energy, LLC Winter proposed legislation. Our door is always fected partners in any process to execute fed-
Flats well and the Maralex Resources, Inc. open, and we welcome the opportunity to eral land use designations which restrict
USA–610S98W well. These wells will need on- discuss further this critical matter that can public use and access. Federal land use des-
going maintenance and monitoring. Should drastically change our residents’ lives. ignations that lack local stakeholder input
access be denied for these wells and the Sincerely, from agricultural and resource management
leases within the proposed Wilderness areas, JANET ROWLAND, professionals often generates significant con-
the lessee should be fairly compensated. Chair, Board of Coun- troversy and economic hardship at the local
3. The Bureau of Land Management (BLM), ty Commissioners. level. The detrimental effects of a federal
as the agency responsible for the health and CODY DAVIS, land use designation frequently causes resi-
well being of the wild horses of the Little Commissioner. dents, elected state and county officials, and
Book Cliffs Wild Horse Area and their habi- SCOTT MCINNIS, local stakeholders significant reductions in
tat, must access to this area to ‘‘sustain a Commissioner. economic activity and the loss of jobs in
healthy viable wild horse population while rural communities. Past designations have
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maintaining a thriving natural ecological FEBRUARY 25, 2021. also affected water rights, public lands graz-
balance of resources and uses.’’ The BLM uti- The Honorable, ing and access to State and private lands.
lizes vehicles, and at times helicopters, for House of Representatives, Farm Bureau supports the multiple-use
set-up and take down of traps and transpor- Washington, DC. concept of federal lands, recognizing that de-
tation of gathered horses, and to perform fer- DEAR REPRESENTATIVE: On behalf of the finable land areas have dominant-use capa-
tility control measures. Loss of access for nearly six million Farm Bureau member bility, which should be recognized with the
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H755
concept of multiple uses without the total The communities impacted by the by opposing H.R. 803 and offering amend-
exclusion of other uses. The Protecting provisions in this bill support the pro- ments to help preserve the livelihood of our
America’s Wilderness and Public Lands Act tections that we are seeking to enact families and our water life.
stands in clear violation of AFBF policy. Ad- Sincerely,
into law. That is why we are here. So DIANE SCHWENKE,
ditionally, the California, Colorado, Arizona
and Washington Farm Bureau’s oppose pas- with respect, I would again say we op- President/CEO.
sage of this legislation. pose the amendments that have been Mr. WESTERMAN. Mr. Speaker, I
Farm Bureau urges you to oppose passage submitted in en bloc No. 2. yield myself the balance of my time.
of H.R. 803, the Protecting America’s Wilder- Mr. Speaker, I yield 11⁄2 minutes to Mr. Speaker, I urge all of my col-
ness and Public Lands Act. the distinguished gentleman from Cali- leagues that if you want to improve
Sincerely, fornia (Mr. THOMPSON). our environment, if you are worried
American Farm Bureau Federation, Ari- Mr. THOMPSON of California. Mr. about job losses in your district, if you
zona Farm Bureau, California Farm Bureau, Speaker, I rise in strong support of the
Colorado Farm Bureau, Washington Farm
think we should secure our supply
first en bloc amendment, which stipu- chains and improve American energy
Bureau.
lates that nothing in this act shall independence, if you think our forests
Mrs. BOEBERT. Mr. Speaker, Demo- limit the ability of the Secretary of need to be properly managed to avoid
crats have ignored our local commu- the Interior or the Secretary of Agri- catastrophic wildfires, and if you enjoy
nities and their needs with this land culture to manage forest fires, insects, recreating in our public lands, you
grab. and diseases in designated wilderness should vote for this amendment pack-
In their letter of opposition, Mesa areas under the Wilderness Act. age.
County points out three of the five wil- Land conservation is an investment The underlying bill is a feel-good bill
derness areas in Mesa County in this in our future, but it is equally impor- that hurts our economy and environ-
bill that have had large fires in recent tant that we continue to manage our ment. We won’t have to suffer the con-
years, and that wilderness designations wilderness areas responsibly. Over the sequences of that. It will be our chil-
harm active management and wildfire past several years, my district and oth- dren and our grandchildren who have
activities. ers across our great country have been to live with the fact that we don’t have
I hope that when Members visit my hit hard by historically damaging forests because we burned them all
district on horseback, they are telling wildfires. down and we don’t have jobs because
people that this land will soon burn, To protect countless communities, we outsourced our domestic mining in-
because if we do not actively manage the Federal Government must ensure dustry to Russia and China.
our forest, Mother Nature will con- wilderness areas are adequately man- It shouldn’t be a surprise to anybody
tinue to manage it for us. aged to minimize the impacts of that the Democrats didn’t want to put
Mr. Speaker, the amendments that wildfires. a package this disastrous for our econ-
are offered today would protect energy I want to thank Chairman GRIJALVA omy and environment through regular
production, local grazing rights, water and Representatives PANETTA and LOF- order. They may be able to limit our
rights, access to our public lands, and GREN for being champions of public ability to debate this package, but
allow wildfire mitigation. Perhaps, and lands and responsible land manage- there is no hiding the truth: This legis-
most importantly, these amendments ment. lation is a land grab that devastates
give the people of my district a voice, Mr. Speaker, I am proud to join them the very communities and lands it
ensuring local officials have a seat at on this amendment, and I strongly claims to support and protect.
the table when land use is changed in urge an ‘‘aye’’ vote on the first en bloc Mr. Speaker, I urge my colleagues to
their respective counties. amendment. support the en bloc amendments and
b 1015 Mr. WESTERMAN. Mr. Speaker, I in- oppose the underlying bill. I yield back
clude in the RECORD this letter from the balance of my time.
The victory in my election showed the Grand Junction Area Chamber of Mr. NEGUSE. Mr. Speaker, I yield
the will of the people in Colorado’s Commerce. It says that this bill, if myself the balance of my time.
Third District. They want to keep their passed, will negatively impact our al- Mr. Speaker, again, I have great re-
land open for public use. ready fragile economy and jeopardize spect for my colleague, the ranking
Mr. Speaker, I thank the Member for our economic recovery. member, but what he purports this bill
his thoughtful amendments, and I will do is just simply not the case. I
GRAND JUNCTION AREA,
strongly encourage support on these CHAMBER OF COMMERCE, would think that trying to prevent ura-
amendments today. February 24, 2021. nium mining in the Grand Canyon
Mr. NEGUSE. Mr. Speaker, I yield Congresswoman LAUREN BOEBERT, would not be controversial. I would
myself such time as I may consume. Washington, DC. hope that my colleagues could come to
Mr. Speaker, I want to note one thing DEAR CONGRESSWOMAN BOEBERT: On behalf a consensus on that.
for the record because there is a ref- of the 900 small businesses employing 37,000 As lawmakers, we all know that
erence from my colleague to amend- people that the Grand Junction Area Cham- strong policy requires compromise. It
ber of Commerce represents, I am writing to requires years of input and vigorous de-
ments that she proceeded to make on encourage you to oppose H.R. 803, a bill that
this bill. would lock up public lands in Mesa County
bate. I am happy to participate in this
There has been a lot of talk about and negatively impact our local economy. debate, and I appreciate the gentle-
local control and the support of com- Our community’s economy is still reliant in man’s participation.
munities back home. We received com- part on the business activity generated by When we think of some of the most
munications from various town com- our legacy industries of agriculture and en- iconic, protected places in the United
missioners regarding the amendments ergy. This bill if passed will negatively im- States—Yellowstone, Yosemite, the
that my colleague proposed, and I will pact our already fragile economy and jeop- Grand Canyon—it is difficult to imag-
ardize our economic recovery. ine a time when they were not pro-
just give you a couple of examples of These are lands that are literally in our
their responses. tected, but even those most treasured
backyard in Mesa County yet Congress-
To simply classify this as a land grab is woman DeGette continues to ignore us, does
places in America underwent criticism
deeply disrespectful to those who have not meet with us, and does not even consider from Members of Congress. The argu-
worked long and hard to gather the facts, ne- the consequences of her bill on the hard- ments, actually, that we heard today
gotiate, and compromise. The issues are too working families of our areas. are nearly identical to those that we
important to let parties divide us. In addition to opposing H.R. 803 our organi- were hearing on the floor 100 years ago.
That was a county commissioner zation supports the various amendments you In 1882, Benjamin Harrison, who was
are proposing be added to the bill that in- then a Senator from Indiana, intro-
from San Miguel. clude keeping the BLM Headquarters in
dlhill on DSK120RN23PROD with House
A commissioner from Routt County: duced a bill to designate land lying on
Grand Junction Colorado, requiring that af-
The amendments were issued in a way that
the Colorado River in the territory of
fected counties must approve the Wilderness
ignores our system of local control. They re- Designation and protects grazing and water Arizona as a public park. The bill was
ject the liberty and freedom of local jurisdic- rights. forwarded to Interior Secretary Henry
tions to express what is right and just within We appreciate your efforts to help retain Teller, who was a Coloradan, and he op-
those jurisdictions. jobs and the diversity of our local economy posed conservation of the site. He told
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H756 CONGRESSIONAL RECORD — HOUSE February 26, 2021
the Senate that the bill was unneces- in Arizona to study the lithium resources of the members and the USGS,’’ said Warren Day,
sary and that the area ‘‘does not re- Big Sandy Valley in Arizona. I include in the Earth MRI lead scientist for the USGS. ‘‘The
quire the creation of a public park to RECORD the press release from USGS. USGS is grateful for the scientific input and
support from the state geological surveys,
preserve it.’’ This study will help us to define and under-
resulting in a robust body of information
Congress was unwilling to proceed in stand the lithium resources in this region. Yet useful for many applications beyond mineral
the face of opposition from the execu- it is important for us to reflect on the fact that resources.’’
tive branch due to the interests of min- we didn’t know about these resources until re- The geologic mapping efforts, which are
ing, westward territorial mining, and cently, had we closed off this area, like this bill managed through the National Cooperative
land use. Harrison pushed on. He re- proposes to do to more than one million acres Geologic Mapping Program, will refine our
introduced the bill in 1883, again in of Arizona, we may have never known. Yet scientific understanding of the geologic
framework of areas of interest. In addition
1886. because we have the ability to examine this to helping identify mineral potential, these
And in 1903, the great conservationist area, which is not subject to a withdrawal, we maps also support decisions about use of
Teddy Roosevelt visited the area he are going to study and hopefully find rich re- land, water, energy and minerals and help to
had advocated to protect. He declared sources we can produce to secure our na- mitigate the impact of geologic hazards on
that it is ‘‘beyond comparison, beyond tion’s future. communities.
description,’’ and ‘‘unparalleled.’’ ‘‘Let Before I close Mr. Speaker, let me stress, In 2017, President Trump issued Executive
this great wonder of nature remain as the underlying bill represents one of the larg- Order 13817, a Federal Strategy to Ensure Se-
cure and Reliable Supplies of Critical Min-
it is now. Do nothing to mar its gran- est legislative land grabs ever considered by
erals. This executive order called on agencies
deur. . . . You cannot improve upon it. Congress. This effort to permanently lock across the federal government to develop a
But what you can do is keep it for your away the highest grade and largest deposit of strategy to reduce the nation’s susceptibility
children, your children’s children, and uranium in the country will further increase our to critical mineral supply disruptions.
all who come after you.’’ reliance on foreign adversaries like Russia, In May of 2018, DOI released a list of 35
On February 26—on this very day—in China, Kazakhstan and Uzbekistan. minerals deemed critical to the U.S. econ-
1919, President Wilson signed into law Instead of rushing headlong into the en- omy and security, based on a methodology
deavor of permanently making this million acre by the USGS. This list forms the foundation
the Grand Canyon National Park Act,
of the full federal strategy.
101 years ago today. area off limits, we should know what the true
Mr. GOSAR. Mr. Speaker, my amendment
Mr. Speaker, let’s make that choice impacts of this legislation will be on the long-
is very simple, it only asks Congress to do
again. We passed this bill with bipar- term national security of our country.
one thing, respect the will of the local people
tisan support. I ask my colleagues to This amendment would not kill this legisla-
in the management of our lands.
do it again, and I yield back the bal- tion, instead it would ensure that the proposed This amendment would remove from the bill
ance of my time. withdrawal can only go ahead once we clearly the lands included in my Congressional district
Mr. GOSAR. Mr. Speaker, my amendment access the region, clearly understand the pic- from the massive mineral withdrawal included
would require us to know what we are doing ture of what we are withdrawing and what in the bill. My local constituents and counties
before we take the overwhelming radical step other resources may be impacted by this ac- support this amendment and I encourage my
of withdrawing more than a million acres of tion. colleagues to respect our wishes. Under gen-
federal lands from mineral development. I say to my colleagues, lets slow down this
eral leave, I include in the RECORD a letter
It may come as a shock but even today we process so we know what we are doing, what
from Mohave County opposing this legislation.
know little about the geologic mineral makeup we are impacting and the real impacts of mak- Mohave County Arizona, which is the pri-
of our lands. Minerals that were very important ing such a large and bountiful parcel of land mary area which this amendment would help
in the past like gold and silver are not always off limits could have on our mineral security. protect, is currently facing nearly 10 percent
the key to our future technologies. I urge my colleagues to vote for this amend-
unemployment and has a per capita income of
Today, we are finding a whole new suite of ment.
less than thirty-five thousand dollars a year.
minerals that are critically important to our fu- EARTH MRI FUNDS CRITICAL MINERALS
These economic conditions should be proof
ture, while rare earths and lithium are the PROJECTS IN ARIZONA
enough that we need to be promoting eco-
stars, important minerals like cobalt, man- [Sept. 28, 2020]
nomic development in these regions, not sim-
ganese and copper are quickly becoming A TOTAL OF $133,016 WILL FUND NEW RESEARCH
ply closing off an important path to economic
equally both important and challenging to find AND PRESERVE IMPORTANT DATA ACROSS THE
security for the people of Mohave County.
and produce. GRAND CANYON STATE
My colleagues on the other side of the aisle
However, this bill in front of us has no rec- FLAGSTAFF, ARIZ.—The U.S. Geological
Survey and the Association of American will argue that these lands belong to all the
ognition of the importance of the breadth of American people, which is true, but we must
State Geologists are pleased to announce
minerals that may be included in the areas respect the local concerns.
$133,016 in funding for critical minerals
covered by this legislation. Which is why my projects in Arizona. These funds are for the When I highlight that offshore oil drilling in
amendment is so important today. fiscal year 2020 under the USGS Mineral Re- California would reduce our dependence on
This amendment will require the Secretary sources Program’s Earth Mapping Resources foreign oil, stop us from subsidizing Russia
of the Interior to conduct a full mineral re- Initiative, or Earth MRI. and Saudi Arabia, my colleagues from Cali-
source survey of the withdrawal areas prior to The funds include grants to the Arizona
fornia scream out ‘‘respect our wishes, we
enacting this withdrawal. This is important be- Geological Survey for geologic mapping and
geochemical analyses for an area of the Big don’t want drilling’’.
cause of the national security impacts of this So I call on them here today, join me in
Sandy Valley with a focus on lithium and to
proposed withdrawal that seeks to perma- preserve and publicly available information supporting my constituents who are crying out
nently ban oil, natural gas, geothermal, ura- on critical mineral resources. for the chance, just the chance to keep the
nium and other critical minerals and rare ‘‘These new projects in Arizona represent potential of high paying jobs open and support
earths on over a million acres of land in Ari- the next step in our ambitious effort to im- this amendment.
zona, prove our knowledge of the geologic frame- It may come as a shock but even today we
I will continue to make the case that the im- work in the United States and to identify know little about the geologic mineral makeup
portance of the uranium alone is key for keep- areas that may have the potential to contain
of our lands. Minerals that were very important
ing these lands open, however I believe that undiscovered critical mineral resources,’’
said Jim Reilly, director of the USGS. ‘‘The in the past like gold and silver are not always
without this amendment this bill will have a identification and prioritization of prospec- the key to our future technologies.
negative impact on our national security as it tive areas were done through our strong Today, we are finding a whole new suite of
aims to permanently prohibit mining of rare partnership with the state geological surveys minerals that are critically important to our fu-
earths and critical minerals on a massive, in a series of workshops in Fall 2019.’’ ture, while rare earths and lithium are the
massive swath of land. ‘‘This program will revitalize and update stars, important minerals like cobalt, man-
Earlier I mentioned the importance of lithium the science and geologic research and data ganese and copper are quickly becoming
and there is no question that lithium is criti- compilation that is needed in many states
dlhill on DSK120RN23PROD with House
equally both important and challenging to find
cally important to our technology and energy for the United States to identify new geo-
logic associations,’’ said John Yellich, direc-
and produce.
future. However, we don’t often know where tor of the Michigan Geological Survey and
This area in Mohave County has tremen-
all the lithium resources are in the United president of AASG. dous potential and keeping that potential open
States. For example, in September of last ‘‘The Earth MRI effort is an outgrowth of and available to the people of the county is
year, the USGS funded an earth MRI program the strong partnership between the AASG critical to ensuring a rich economic future.
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H757
This amendment only removes the area contain the nation’s high grade uranium de- RECESS
within my district, it will allow other members posits and enough uranium to provide power
generation for the state of California for The SPEAKER pro tempore. Pursu-
to do with their regions as they will. ant to clause 12(a) of rule I, the Chair
over 20 years. Uranium is useful in many
This amendment would not kill this legisla- declares the House in recess for a pe-
ways. It is used by our military for national
tion, instead it would ensure that the people I security and defense. Uranium metal is very riod of less than 15 minutes.
represent in Arizona have their wishes re- dense and heavy. When it is depleted (DU), Accordingly (at 10 o’clock and 23
spected and the land managed in a manner uranium is used by the military as shielding minutes a.m.), the House stood in re-
consistent with the will of the local commu- to protect Army tanks, and also in parts of cess.
nities. bullets and missiles. The military also uses
I urge my colleagues to vote for this amend- enriched uranium to power nuclear propelled f
ment. Navy ships and submarines, and in nuclear
weapons. A permanent withdrawal of ura- b 1033
MOHAVE COUNTY
BOARD OF SUPERVISORS, nium mining from the ‘‘Strip’’ harms the
American people by removing between 326–
AFTER RECESS
February 24, 2021.
Hon. PAUL GOSAR, 375 million lbs (the equivalent electricity The recess having expired, the House
U.S. Congress, generating capacity for the entire state of was called to order by the Speaker pro
Washington, DC. California’s 40 million people for 22.4 years) tempore (Mr. CUELLAR) at 10 o’clock
CONGRESSMAN GOSAR: The Mohave County of uranium. and 33 minutes a.m.
Board of Supervisors is writing to offer our From a national security standpoint, do-
support for your amendment to H.R. 803— mestic utilities now import 90 percent of the f
Colorado Wilderness Act of 2021. As you uranium used to operate America’s 104 nu-
clear reactors. Thirty years ago, these reac- COLORADO WILDERNESS ACT OF
know, the passage of this legislation will
have a grave effect on Mohave County, Ari- tors used U.S. mined uranium for 100 percent 2021
zona, and our neighboring counties in Utah. of electricity production, The nation cannot The SPEAKER pro tempore. Pursu-
Uranium mining in the past has been the be pro-nuclear and anti-nuclear fuel. In sum,
these deposits represent the last available
ant to clause 1(c) of rule XIX, further
forefront of our economic growth in Mohave consideration of the bill (H.R. 803) to
County and if allowed to continue will bring use of our public lands for economic growth
in our region. designate certain lands in the State of
in nearly $29 billion to our local economy
over a 42 year period. The passage of H.R. 803 The opponents of uranium mining have Colorado as components of the Na-
would make permanent a July 2012 morato- chosen to ignore the fact that mining with tional Wilderness Preservation Sys-
rium on uranium mining in our area. The environmentally sound reclamation was con- tem, and for other purposes, will now
language of your amendment would help al- ducted from the early 1980s until the price of resume.
uranium collapsed in 1993. No mining at all
leviate the permanent economic loss we The Clerk read the title of the bill.
would sustain under the passage of H.R. 803. occurred from 1993 until 2010, and the
Denison mine which is now operating, is fol- AMENDMENTS EN BLOC NO. 1 OFFERED BY MR.
We strongly support the passing of this NEGUSE OF COLORADO
amendment as presented in the Rules Com- lowing and often exceeding all environ-
mittee and the House or Representatives. mental and safety laws. The SPEAKER pro tempore. Pursu-
Arizona needs to go back to the roots that ant to clause 8 of rule XX, the unfin-
Without this amendment, the financial sta-
led to Arizona being developed, and that is ished business is the question on
bility of our economy in Mohave County
mining. The strict federal and state environ- amendments en bloc No. 1, printed in
would drastically suffer.
In 2012, the Secretary of the Interior im- mental laws already on the books will pro-
tect the public from environmental damage
part B of House Report 117–6, on which
posed a 20 year ban on over 1 million acres of further proceedings were postponed and
land in the Arizona Strip Area for the pur- to the Grand Canyon watershed. The mining
of uranium however does not affect ground on which the yeas and nays were or-
pose of Uranium mining. This ban included
water nor destroy the natural resources of dered.
both public lands and National Forest Sys-
tem lands. This ban took away much needed the land. It does not require open pit mining. The Clerk will redesignate the
growth and jobs from our area. Secretary Upon completion of mining one Breccia Pipe amendments en bloc.
Salazar at the time issued this withdrawal (4 years) the land is placed back into its na- The Clerk redesignated the amend-
without complying with the law requiring tive state. ments en bloc.
We want to thank you for putting forward
coordination with local governments. The The SPEAKER pro tempore. The
this amendment. Nuclear energy can be the
Federal Land Policy Management Act, USC question is on the amendments en bloc
future of clean energy. We have the re-
Section 171 requires that the Secretary and offered by the gentleman from Colo-
sources in this Country to ensure that hap-
his designees ‘‘coordinate’’ with local gov-
pens and we have the technology and means rado (Mr. NEGUSE).
ernment as to development and implementa-
tion of any plan or management action. Co-
to ensure mining that energy is both envi- The vote was taken by electronic de-
ronmentally safe and protects our natural vice, and there were—yeas 229, nays
ordination is defined in the Act as requiring
resources. We stand in support of the amend- 198, not voting 4, as follows:
prior notice of proposed plans and actions to
ment.
the local government officials (‘‘prior’’ [Roll No. 41]
Sincerely,
meaning prior to public announcements, and YEAS—229
BUSTER JOHNSON,
early enough to provide ‘‘meaningful’’ par-
Chairman, Mohave County Adams Castro (TX) Doyle, Michael
ticipation by the local officials in the ‘‘de-
Board of Supervisors. Aguilar Chu F.
velopment’’ of the plan or action.). The con- Allred Escobar
gressional mandate of coordination also re- The SPEAKER pro tempore. Pursu- Cicilline
Auchincloss Clark (MA) Eshoo
quires the Secretary to use all practicable ant to House Resolution 147, the pre- Axne Espaillat
Cleaver
means to reach consistency between the fed- vious question is ordered on the Barragán Clyburn Evans
eral plan/management action and local pol- amendments en bloc offered by the Bass Cohen Fitzpatrick
icy, plan or law. All of which Secretary Sala- gentleman from Colorado (Mr. Beatty Connolly Fletcher
Bera Cooper Foster
zar did not do. NEGUSE). Beyer Correa Frankel, Lois
Making this ban permanent based on mis- The question is on the amendments Bishop (GA) Fudge
information will have lasting effects on Mo- Costa
en bloc. Blumenauer Gallego
have County. We respect and take a responsi- Courtney
Blunt Rochester Garamendi
bility for protecting the Grand Canyon, but
The question was taken; and the Bonamici
Craig
Garcı́a (IL)
saying that the Grand Canyon will suffer be- Speaker pro tempore announced that Bourdeaux
Crist
Garcia (TX)
the noes appeared to have it. Bowman Crow Golden
cause of mining is inaccurate. Secretary Cuellar
Mr. WESTERMAN. Mr. Speaker, on Boyle, Brendan Gomez
Salazar’s reasoning behind the withdrawal Davids (KS)
F. Gonzalez,
was out of concern that it could damage the that I demand the yeas and nays. Brown Davis, Danny K. Vicente
region’s drinking water and the park’s water The SPEAKER pro tempore. Pursu- Brownley Dean Gottheimer
quality. Bureau of Land Management offi- ant to section 3(s) of House Resolution Bush DeFazio Green, Al (TX)
cials contradicted those claims by explaining Bustos DeGette Grijalva
8, the yeas and nays are ordered. DeLauro
that their Arizona Strip field office had no Butterfield Grothman
Pursuant to clause 8 of rule XX, fur-
dlhill on DSK120RN23PROD with House
Carbajal DelBene Haaland
evidence of contamination of water, and had
no evidence of problems with the safe oper-
ther proceedings on this question are Cárdenas Delgado Harder (CA)
postponed. Carson Demings Hastings
ation of the uranium mines in operation on Cartwright DeSaulnier Hayes
the lands. Pursuant to clause 1(c) of rule XIX, Deutch
Case Higgins (NY)
Uranium mining is important and useful further consideration of H.R. 803 is Casten Dingell Himes
for many reasons. The lands in the ‘‘Strip’’ postponed. Castor (FL) Doggett Horsford
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H758 CONGRESSIONAL RECORD — HOUSE February 26, 2021
Houlahan McNerney Schrader Palazzo Schweikert Timmons by the gentleman from Utah (Mr. CUR-
Hoyer Meeks Schrier Palmer Scott, Austin Valadao
Huffman Meijer Pence Sessions
TIS).
Scott (VA) Van Duyne
Jacobs (CA) Meng Scott, David Perry Simpson Wagner The vote was taken by electronic de-
Jayapal Mfume Sewell Pfluger Smith (MO) Walberg vice, and there were—yeas 221, nays
Jeffries Moore (WI) Sherman Posey Smith (NE) Walorski
Johnson (GA) Morelle Reed Smucker 205, not voting 5, as follows:
Sherrill Waltz
Johnson (TX) Moulton Sires Reschenthaler Spartz Weber (TX) [Roll No. 42]
Jones Mrvan Rice (SC) Stauber
Slotkin Webster (FL)
Kahele Murphy (FL) Rodgers (WA) Steel YEAS—221
Smith (NJ) Wenstrup
Kaptur Murphy (NC) Rogers (AL) Stefanik Aderholt Gonzalez, Moore (AL)
Smith (WA) Westerman
Katko Nadler Rogers (KY) Steil Allen Vicente Moore (UT)
Soto Rose Steube Williams (TX)
Keating Napolitano Amodei Good (VA) Mullin
Kelly (IL) Neal Spanberger Rosendale Stewart Wilson (SC)
Speier Wittman Armstrong Gooden (TX) Murphy (NC)
Khanna Neguse Rouzer Stivers Arrington Gosar Nehls
Kildee Newman Stanton Roy Taylor Womack
Stevens Babin Gottheimer Newhouse
Kilmer Norcross Rutherford Tenney Young
Bacon Granger Norman
Kim (NJ) O’Halleran Strickland Salazar Thompson (PA) Zeldin
Baird Graves (LA) Nunes
Kind Obernolte Suozzi Scalise Tiffany
Balderson Graves (MO) Obernolte
Kirkpatrick Ocasio-Cortez Swalwell
NOT VOTING—4 Banks Green (TN) Owens
Krishnamoorthi Omar Takano Greene (GA)
Barr Palazzo
Kuster Pallone Thompson (CA) Bost Foxx Griffith
Bentz Palmer
Lamb Panetta Thompson (MS) Clarke (NY) Jackson Lee Grothman
Bergman Pappas
Langevin Pappas Titus Guest
Larsen (WA) Pascrell Tlaib b 1126 Bice (OK)
Guthrie
Pence
Biggs Perry
Larson (CT) Payne Tonko Mr. GROTHMAN changed his vote Hagedorn
Bilirakis Peters
Lawrence Perlmutter Torres (CA) Harder (CA)
Lawson (FL) Peters Torres (NY)
from ‘‘nay’’ to ‘‘yea.’’ Bishop (NC) Pfluger
Boebert Harris Posey
Lee (CA) Phillips Trahan So the en bloc amendments were Harshbarger
Brady Reed
Lee (NV) Pingree Trone agreed to. Hartzler
Brooks Reschenthaler
Leger Fernandez Pocan
Levin (CA) Porter
Turner The result of the vote was announced Buchanan Hern Rice (SC)
Underwood Herrell
Levin (MI) Pressley as above recorded. Buck
Herrera Beutler
Rodgers (WA)
Upton Bucshon Rogers (AL)
Lieu Price (NC)
Van Drew
A motion to reconsider was laid on Hice (GA)
Lofgren Quigley Budd Rogers (KY)
Vargas the table. Burchett Higgins (LA) Rose
Lowenthal Raskin
Luria Rice (NY)
Veasey Stated for: Burgess Hill Rosendale
Vela Ms. CLARKE of New York. Mr. Speaker, I Bustos Hinson Rouzer
Lynch Ross Hudson
Mace Roybal-Allard Velázquez was participating in critical Committee pro- Calvert Roy
Wasserman Cammack Huizenga Rutherford
Malinowski Ruiz ceedings and, therefore, was unable to make Issa
Maloney, Ruppersberger Schultz Carl Salazar
Waters the first vote. Had I been present, I would Jackson
Carolyn B. Rush Carter (GA) Scalise
Jacobs (NY)
Maloney, Sean Ryan Watson Coleman have voted: ‘‘yea’’ on rollcall No. 41, Bipar- Carter (TX)
Johnson (LA)
Schrier
Manning Sánchez Welch tisan En Bloc No. 1. Cawthorn Schweikert
Johnson (OH)
Matsui Sarbanes Wexton Chabot Scott, Austin
MEMBERS RECORDED PURSUANT TO HOUSE Johnson (SD)
McBath Scanlon Wild Cheney Sessions
RESOLUTION 8, 117TH CONGRESS Jordan
McCollum Schakowsky Williams (GA) Cline Simpson
Joyce (OH)
McEachin Schiff Wilson (FL) Allred (Davids Gosar (Herrell) Moore (WI) Cloud Slotkin
Joyce (PA)
McGovern Schneider Yarmuth (KS)) Green, Al (TX) (Beyer) Clyde Smith (MO)
Katko
Amodei (Perlmutter) Moulton Cole Smith (NE)
Keller
NAYS—198 (Balderson) Grijalva (Garcı́a (Trahan) Comer Smith (NJ)
Kelly (MS)
Banks (Walorski) (IL)) Mullin (Lucas) Craig Smucker
Aderholt Dunn Jackson Kim (CA)
Bowman (Clark Hastings Napolitano Crawford Kinzinger Spanberger
Allen Emmer Jacobs (NY) Crenshaw Spartz
(MA)) (Cleaver) (Correa) Kustoff
Amodei Estes Johnson (LA) Cuellar Stauber
Brown (Mfume) Himes Nunes (Garcia LaHood
Armstrong Fallon Johnson (OH) Curtis Steel
Buchanan (Courtney) (CA)) LaMalfa
Arrington Feenstra Johnson (SD) Davidson Stefanik
(Donalds) Huffman (Eshoo) Palazzo Lamborn
Babin Ferguson Jordan Davis, Rodney Steil
Budd (McHenry) Issa (Valadao) (Fleischmann) Latta
Bacon Fischbach Joyce (OH) DesJarlais Steube
Calvert (Garcia Jacobs (CA) Payne (Pallone) LaTurner
Baird Fitzgerald Joyce (PA) Diaz-Balart Stewart
(CA)) (Jones) Pingree (Kuster) Lesko
Balderson Fleischmann Keller Dingell Stivers
Cárdenas Long
Banks Fortenberry Kelly (MS) Kelly (IL) Porter (Wexton)
(Gomez) Donalds Loudermilk Taylor
Barr Franklin, C. Kelly (PA) (Kuster) Roybal-Allard
Carter (TX) Duncan Lucas Tenney
Bentz Scott Kim (CA) Kirkpatrick (Bass)
(Nehls) Dunn Luetkemeyer Thompson (PA)
Bergman Fulcher Kinzinger (Stanton) Ruiz (Aguilar)
Cawthorn Emmer Luria Tiffany
Bice (OK) Gaetz Kustoff Krishnamoorthi Rush Estes Timmons
(McHenry) Mace
Biggs Gallagher LaHood (Clark (MA)) (Underwood) Fallon Turner
DeSaulnier Malinowski
Bilirakis Garbarino LaMalfa Langevin Steube
(Matsui) Feenstra Malliotakis Upton
Bishop (NC) Garcia (CA) Lamborn (Lynch) (Franklin, C.
Deutch (Rice Ferguson Mann Valadao
Boebert Gibbs Latta Lawson (FL) Scott)
(NY)) Fischbach Massie Van Duyne
Brady Gimenez LaTurner (Evans) Vargas (Correa)
Fletcher (Kuster) Fitzgerald Mast Wagner
Brooks Gohmert Lesko Lieu (Beyer) Waltz (Donalds)
Frankel, Lois Fleischmann McBath Walberg
Buchanan Gonzales, Tony Long Lofgren (Jeffries) Wasserman
(Clark (MA)) Fortenberry McCarthy Walorski
Buck Gonzalez (OH) Loudermilk Long (Wagner) Schultz (Soto)
Gaetz (Franklin, Franklin, C. McCaul Waltz
Bucshon Good (VA) Lucas Lowenthal Watson Coleman
C. Scott) Scott McClain Weber (TX)
Budd Gooden (TX) Luetkemeyer (Beyer) (Pallone)
Garcia (TX) Fulcher McClintock Webster (FL)
Burchett Gosar Malliotakis McNerney Wilson (FL)
(Escobar) Gaetz McHenry Wenstrup
Burgess Granger Mann (Eshoo) (Hayes)
Gonzalez, Gallagher McKinley Westerman
Calvert Graves (LA) Massie Vincente Meng (Clark Young Garbarino Meijer Wild
Cammack Graves (MO) Mast (Gomez) (MA)) (Malliotakis) Garcia (CA) Meuser Williams (TX)
Carl Green (TN) McCarthy
Gibbs Miller (IL) Wilson (SC)
Carter (GA) Greene (GA) McCaul AMENDMENT NO. 3 OFFERED BY MR. CURTIS
Carter (TX) Griffith McClain Gimenez Miller (WV) Wittman
Cawthorn Guest McClintock
The
SPEAKER pro tempore (Mr. Gohmert Miller-Meeks Womack
Chabot Guthrie McHenry CLEAVER). Pursuant to clause 8 of rule Gonzales, Tony Moolenaar Young
Cheney Hagedorn McKinley XX, the unfinished business is the Gonzalez (OH) Mooney Zeldin
Cline Harris Meuser question on amendment No. 3, printed
Cloud Harshbarger Miller (IL)
NAYS—205
Clyde Hartzler Miller (WV) in part B of House Report 117–6, on Adams Blunt Rochester Carson
Cole Hern Miller-Meeks which further proceedings were post- Aguilar Bonamici Cartwright
Comer Herrell Moolenaar poned and on which the yeas and nays Allred Bourdeaux Case
Crawford Herrera Beutler Mooney Auchincloss Bowman Casten
Crenshaw Hice (GA) Moore (AL)
were ordered. Axne Boyle, Brendan Castor (FL)
dlhill on DSK120RN23PROD with House
Curtis Higgins (LA) Moore (UT) The Clerk will redesignate the Barragán F. Castro (TX)
Davidson Hill Mullin amendment. Bass Brown Chu
Davis, Rodney Hinson Nehls The Clerk redesignated the amend- Beatty Brownley Cicilline
DesJarlais Hollingsworth Newhouse Bera Bush Clark (MA)
Diaz-Balart Hudson Norman
ment. Beyer Butterfield Clarke (NY)
Donalds Huizenga Nunes The SPEAKER pro tempore. The Bishop (GA) Carbajal Cleaver
Duncan Issa Owens question is on the amendment offered Blumenauer Cárdenas Clyburn
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H759
Cohen Kelly (IL) Pressley Jacobs (CA) McNerney Roybal-Allard Rogers (AL) Spartz Van Duyne
Connolly Khanna Price (NC) (Jones) (Eshoo) (Bass) Rogers (KY) Stauber Wagner
Cooper Kildee Quigley Kelly (IL) Meng (Clark Ruiz (Aguilar) Rose Steel Walberg
Correa Kilmer Raskin (Kuster) (MA)) Rush Rosendale Stefanik Walorski
Costa Kim (NJ) Rice (NY) Kirkpatrick Moore (WI) (Underwood) Rouzer Steil Waltz
Courtney Kind Ross (Stanton) (Beyer) Steube Roy Steube Weber (TX)
Crist Kirkpatrick Roybal-Allard Krishnamoorthi Moulton (Franklin, C. Rutherford Stewart Webster (FL)
Crow Krishnamoorthi Ruiz (Clark (MA)) (Trahan) Scott) Salazar Stivers Wenstrup
Davids (KS) Kuster Ruppersberger Mullin (Lucas) Vargas (Correa) Scalise Taylor Westerman
Langevin
Davis, Danny K. Lamb Rush Napolitano Waltz (Donalds) Schweikert Tenney Williams (TX)
(Lynch)
Dean Langevin Ryan (Correa) Wasserman Scott, Austin Thompson (PA) Wilson (SC)
DeFazio Lawson (FL)
Larsen (WA) Sánchez Nunes (Garcia Schultz (Soto) Sessions Tiffany Wittman
DeGette Larson (CT) (Evans) (CA)) Watson Coleman Smith (MO) Timmons Womack
Sarbanes Lieu (Beyer)
DeLauro Lawrence Scanlon Palazzo (Pallone) Smith (NE) Turner Young
DelBene Lawson (FL) Lofgren (Jeffries) (Fleischmann) Wilson (FL) Smucker Valadao Zeldin
Schakowsky Long (Wagner)
Delgado Lee (CA) Payne (Pallone) (Hayes)
Schiff
Demings Leger Fernandez Lowenthal Pingree (Kuster) Young NAYS—226
Schneider
DeSaulnier Levin (CA) (Beyer) Porter (Wexton) (Malliotakis)
Schrader Adams Gonzalez, O’Halleran
Deutch Levin (MI) Aguilar Vicente Ocasio-Cortez
Scott (VA) AMENDMENTS EN BLOC NO. 2 OFFERED BY MR.
Doggett Lieu Allred Gottheimer Omar
Scott, David NEGUSE OF COLORADO
Doyle, Michael Lofgren Auchincloss Green (TN) Pallone
Sewell
F. Lowenthal The SPEAKER pro tempore (Mrs. Axne Green, Al (TX) Panetta
Sherman
Escobar Lynch Barragán Grijalva Pappas
Eshoo Maloney,
Sherrill MCBATH). Pursuant to clause 8 of rule
Sires Bass Haaland Pascrell
Espaillat Carolyn B. XX, the unfinished business is the Beatty Harder (CA) Payne
Smith (WA)
Evans Maloney, Sean
Soto
question on the adoption of amend- Bera Hastings Perlmutter
Fitzpatrick Manning ments en bloc No. 2, printed in part B Beyer Hayes Peters
Fletcher Matsui Speier
Stanton of House Report 117–6, on which further Bishop (GA) Higgins (NY) Phillips
Foster McCollum Bishop (NC) Himes Pingree
Frankel, Lois McEachin Stevens proceedings were postponed and on
Strickland Blumenauer Horsford Pocan
Fudge McGovern which the yeas and nays were ordered. Blunt Rochester Houlahan Porter
Gallego McNerney Suozzi
Swalwell The Clerk will redesignate the Bonamici Hoyer Pressley
Garamendi Meeks Bourdeaux Huffman Price (NC)
Garcı́a (IL) Meng Takano amendments en bloc. Bowman Jackson Lee Quigley
Thompson (CA)
Garcia (TX) Mfume
Thompson (MS)
The Clerk redesignated the amend- Boyle, Brendan Jacobs (CA) Raskin
Golden Moore (WI) ments en bloc. F. Jayapal Reed
Gomez Morelle Titus
Tlaib The SPEAKER pro tempore. The Brown Jeffries Rice (NY)
Green, Al (TX) Moulton Brownley Johnson (GA) Ross
Grijalva Mrvan Tonko question is on the amendments en bloc
Torres (CA) Bush Johnson (TX) Roybal-Allard
Haaland Murphy (FL) offered by the gentleman from Colo- Bustos Jones Ruiz
Hastings Nadler Torres (NY)
rado (Mr. NEGUSE). Butterfield Kahele Ruppersberger
Hayes Napolitano Trahan
Carbajal Kaptur Rush
Higgins (NY) Neal Trone The vote was taken by electronic de- Cárdenas Katko Ryan
Himes Neguse Underwood vice, and there were—yeas 197, nays Carson Keating Sánchez
Hollingsworth Newman Van Drew
Vargas 226, not voting 8, as follows: Cartwright Kelly (IL) Sarbanes
Horsford Norcross Case Khanna Scanlon
Houlahan O’Halleran Veasey [Roll No. 43]
Casten Kildee Schakowsky
Hoyer Ocasio-Cortez Vela YEAS—197 Castor (FL) Kilmer Schiff
Huffman Omar Velázquez
Aderholt Feenstra Kelly (MS) Castro (TX) Kim (NJ) Schneider
Jacobs (CA) Pallone Wasserman
Allen Ferguson Kelly (PA) Chu Kind Schrader
Jayapal Panetta Schultz
Amodei Fischbach Kinzinger Cicilline Kirkpatrick Schrier
Jeffries Pascrell Waters
Armstrong Fitzgerald Kustoff Clark (MA) Krishnamoorthi Scott (VA)
Johnson (GA) Payne Watson Coleman Clarke (NY)
Arrington Fleischmann LaHood Kuster Sewell
Johnson (TX) Perlmutter Welch Cleaver Lamb Sherman
Jones Phillips Wexton Babin Franklin, C. LaMalfa
Bacon Scott Lamborn Clyburn Langevin Sherrill
Kahele Pingree Williams (GA) Cohen Larsen (WA) Simpson
Kaptur Pocan Wilson (FL) Baird Fulcher Latta
Balderson Gaetz LaTurner Connolly Larson (CT) Sires
Keating Porter Yarmuth Cooper Lawrence Slotkin
Banks Gallagher Lesko
NOT VOTING—5 Barr Garbarino Long Correa Lawson (FL) Smith (NJ)
Bentz Garcia (CA) Loudermilk Costa Lee (CA) Smith (WA)
Bost Jackson Lee Lee (NV) Courtney Lee (NV) Soto
Foxx Kelly (PA) Bergman Gibbs Lucas
Bice (OK) Gimenez Luetkemeyer Craig Leger Fernandez Spanberger
Biggs Gohmert Mace Crist Levin (CA) Speier
b 1213 Bilirakis Gonzales, Tony Malliotakis Crow Levin (MI) Stanton
Boebert Gonzalez (OH) Mann Davids (KS) Lieu Stevens
Mr. MASSIE, Mrs. MCBATH, Messrs. Brooks Good (VA) Massie Davis, Danny K. Lofgren Strickland
MALINOWSKI, PERRY and KELLER Buchanan Gooden (TX) Mast Dean Lowenthal Suozzi
DeFazio Luria Swalwell
changed their vote from ‘‘nay’’ to Buck Gosar McCarthy
DeGette Lynch Takano
‘‘yea.’’ Bucshon Granger McCaul
Budd Graves (MO) McClain DeLauro Malinowski Thompson (CA)
So the amendment was agreed to. Burchett Greene (GA) McClintock DelBene Maloney, Thompson (MS)
The result of the vote was announced Burgess Griffith McHenry Delgado Carolyn B. Titus
Calvert Grothman McKinley Demings Maloney, Sean Tlaib
as above recorded. DeSaulnier Manning Tonko
Cammack Guest Meijer
A motion to reconsider was laid on Carl Guthrie Meuser Deutch Matsui Torres (CA)
the table. Carter (GA) Hagedorn Miller (IL) Dingell McBath Trahan
Doggett McCollum Trone
Stated for: Carter (TX) Harris Miller (WV)
Doyle, Michael McEachin Underwood
Mrs. LEE of Nevada. Madam Speaker, had Cawthorn Harshbarger Miller-Meeks
Chabot Hartzler Moolenaar F. McGovern Upton
I been present, I would have voted ‘‘yea’’ on Cheney Hern Mooney Escobar McNerney Van Drew
rollcall No. 42. Cline Herrell Moore (AL) Eshoo Meeks Vargas
Cloud Herrera Beutler Moore (UT) Espaillat Meng Veasey
MEMBERS RECORDED PURSUANT TO HOUSE Evans Mfume Vela
Clyde Hice (GA) Mullin
RESOLUTION 8, 117TH CONGRESS Fitzpatrick Moore (WI) Velázquez
Cole Higgins (LA) Murphy (NC)
Allred (Davids Carter (TX) Gonzalez, Comer Hill Nehls Fletcher Morelle Wasserman
(KS)) (Nehls) Vincente Crawford Hinson Newhouse Fortenberry Moulton Schultz
Amodei Cawthorn (Gomez) Crenshaw Hollingsworth Norman Foster Mrvan Waters
(Balderson) (McHenry) Gosar (Herrell) Cuellar Hudson Nunes Frankel, Lois Murphy (FL) Watson Coleman
Banks (Walorski) DeSaulnier Green, Al (TX) Curtis Huizenga Obernolte Gallego Nadler Welch
Bowman (Clark (Matsui) (Perlmutter) Davidson Issa Owens Garamendi Napolitano Wexton
(MA)) Deutch (Rice Grijalva (Garcı́a Davis, Rodney Jackson Palazzo Garcı́a (IL) Neal Wild
Brown (Mfume) (NY)) (IL)) DesJarlais Jacobs (NY) Palmer Garcia (TX) Neguse Williams (GA)
dlhill on DSK120RN23PROD with House
Buchanan Fletcher (Kuster) Hastings Diaz-Balart Johnson (LA) Pence Golden Newman Wilson (FL)
(Donalds) Frankel, Lois (Cleaver) Donalds Johnson (OH) Perry Gomez Norcross Yarmuth
Budd (McHenry) (Clark (MA)) Himes Duncan Johnson (SD) Pfluger
Calvert (Garcia Gaetz (Franklin, (Courtney) Dunn Jordan Posey
NOT VOTING—8
(CA)) C. Scott) Huffman (Eshoo) Emmer Joyce (OH) Reschenthaler Bost Fudge Scott, David
Cárdenas Garcia (TX) Issa (Valadao) Estes Joyce (PA) Rice (SC) Brady Graves (LA) Torres (NY)
(Gomez) (Escobar) Jackson (Nehls) Fallon Keller Rodgers (WA) Foxx Kim (CA)
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H760 CONGRESSIONAL RECORD — HOUSE February 26, 2021
b 1303 (2) Secretarial Order 3395 on the Tem- NAYS—221
porary Suspension of Delegated Authority, Adams Gonzalez, O’Halleran
Messrs. DOGGETT, PETERS, COO- issued by the Acting Secretary of the Inte- Aguilar Vicente Ocasio-Cortez
PER, MEEKS, Mses. SPEIER, SCAN- rior on January 20, 2021. Allred Gottheimer Omar
LON, and Mr. MORELLE changed their The SPEAKER pro tempore. Pursu- Auchincloss Green, Al (TX) Pallone
vote from ‘‘yea’’ to ‘‘nay.’’ ant to clause 2(b) of rule XIX, the pre-
Axne Grijalva Panetta
Messrs. GUTHRIE, HARRIS, and Barragán Haaland Pappas
vious question is ordered on the motion Bass Harder (CA) Pascrell
WITTMAN changed their vote from
to recommit. Beatty Hastings Payne
‘‘nay’’ to ‘‘yea.’’ Bera Hayes Perlmutter
So the en bloc amendments were re- The question is on the motion to re- Beyer Higgins (NY) Peters
jected. commit. Bishop (GA) Himes Phillips
The question was taken; and the Blumenauer Horsford Pingree
The result of the vote was announced Blunt Rochester Houlahan
Speaker pro tempore announced that Pocan
as above recorded. Bonamici Hoyer Porter
A motion to reconsider was laid on the noes appeared to have it. Bourdeaux Huffman Pressley
the table. Mr. WESTERMAN. Mr. Speaker, on Bowman Jackson Lee Price (NC)
Boyle, Brendan Jacobs (CA)
Stated for: that I demand the yeas and nays. F. Jayapal
Quigley
Mrs. KIM of California. Mr. Speaker, I was Raskin
The SPEAKER pro tempore. Pursu- Brown Jeffries
Rice (NY)
unavoidably detained. Had I been present, I ant to section 3(s) of House Resolution Brownley Johnson (GA)
Ross
would have voted ‘‘yea’’ on Rollcall No. 43. Bush Johnson (TX)
8, the yeas and nays are ordered. Bustos Jones
Roybal-Allard
MEMBERS RECORDED PURSUANT TO HOUSE The vote was taken by electronic de- Ruiz
Butterfield Kahele
RESOLUTION 8, 117TH CONGRESS Ruppersberger
vice, and there were—yeas 204, nays Carbajal Kaptur
Rush
Allred (Davids Green, Al (TX) Meng (Clark Cárdenas Keating
221, not voting 6, as follows: Carson Kelly (IL) Ryan
(KS)) (Perlmutter) (MA))
[Roll No. 44] Cartwright Khanna Sánchez
Amodei Grijalva (Garcı́a Moore (WI)
Case Kildee Sarbanes
(Balderson) (IL)) (Beyer) YEAS—204
Banks (Walorski) Hastings Moulton Casten Kilmer Scanlon
Bowman (Clark (Cleaver) (Trahan) Aderholt Gooden (TX) Moore (UT) Castor (FL) Kim (NJ) Schakowsky
(MA)) Himes Mullin (Lucas) Allen Gosar Mullin Castro (TX) Kind Schiff
Brown (Mfume) (Courtney) Napolitano Amodei Granger Murphy (NC) Chu Kirkpatrick Schneider
Buchanan Huffman (Eshoo) (Correa) Armstrong Graves (LA) Nehls Cicilline Krishnamoorthi Schrader
(Donalds) Issa (Valadao) Nunes (Garcia Arrington Graves (MO) Newhouse Clark (MA) Kuster Schrier
Budd (McHenry) Jackson (Nehls) (CA)) Babin Green (TN) Nunes Clarke (NY) Lamb Scott (VA)
Calvert (Garcia Jackson Lee Palazzo Bacon Greene (GA) Obernolte Cleaver Langevin Scott, David
(CA)) (Butterfield) (Fleischmann) Baird Griffith Owens Clyburn Larsen (WA) Sewell
Cárdenas Jacobs (CA) Payne (Pallone) Balderson Grothman Palazzo Cohen Larson (CT) Sherman
(Gomez) (Jones) Pingree (Kuster) Banks Guest Palmer Connolly Lawrence Sherrill
Carter (TX) Kelly (IL) Porter (Wexton) Barr Guthrie Pence Cooper Lawson (FL) Sires
(Nehls) (Kuster) Roybal-Allard Bentz Hagedorn Correa Lee (CA) Slotkin
Perry
Cawthorn Kelly (PA) (Bass) Bergman Harris Costa Lee (NV) Smith (WA)
Pfluger
(McHenry) (Keller) Ruiz (Aguilar) Bice (OK) Harshbarger Courtney Leger Fernandez Soto
Posey
DeSaulnier Kirkpatrick Rush Biggs Hartzler Craig Levin (CA) Spanberger
Reed
(Matsui) (Stanton) (Underwood) Bilirakis Hern Crist Levin (MI) Speier
Reschenthaler
Deutch (Rice Krishnamoorthi Steube Bishop (NC) Herrell Crow Lieu Stanton
Boebert Herrera Beutler Rice (SC)
(NY)) (Clark (MA)) (Franklin, C. Cuellar Lofgren Stevens
Brooks Hice (GA) Rodgers (WA) Davids (KS) Lowenthal
Fletcher (Kuster) Langevin Scott) Strickland
Buchanan Higgins (LA) Rogers (AL) Davis, Danny K. Luria
Frankel, Lois (Lynch) Vargas (Correa) Suozzi
Buck Hill Rogers (KY) Dean Lynch
(Clark (MA)) Lawson (FL) Waltz (Donalds) Swalwell
Bucshon Hinson Rose DeFazio Mace
Gaetz (Franklin, (Evans) Wasserman Takano
Budd Hollingsworth Rosendale DeGette Malinowski
C. Scott) Lieu (Beyer) Schultz (Soto) Thompson (CA)
Garcia (TX) Lofgren (Jeffries) Watson Coleman Burchett Hudson Rouzer DeLauro Maloney,
Roy Thompson (MS)
(Escobar) Long (Wagner) (Pallone) Burgess Huizenga DelBene Carolyn B.
Rutherford Titus
Gonzalez, Lowenthal Wilson (FL) Calvert Issa Delgado Maloney, Sean
Salazar Tlaib
Vincente (Beyer) (Hayes) Cammack Jackson Demings Manning
Scalise Tonko
(Gomez) McNerney Young Carl Jacobs (NY) DeSaulnier Matsui
Schweikert Torres (CA)
Gosar (Herrell) (Eshoo) (Malliotakis) Carter (GA) Johnson (LA) Deutch McBath
Carter (TX) Johnson (OH) Scott, Austin Torres (NY)
Dingell McCollum
Trahan
The SPEAKER pro tempore (Mr. Cawthorn Johnson (SD) Sessions Doggett McEachin
Trone
PERLMUTTER). The previous question is Chabot Jordan Simpson Doyle, Michael McGovern
Cheney Joyce (OH) Smith (MO) F. McNerney Underwood
ordered on the bill, as amended. Cline Joyce (PA) Smith (NE) Escobar Meeks Vargas
The question is on the engrossment Cloud Katko Smith (NJ) Eshoo Meng Veasey
and third reading of the bill. Clyde Keller Smucker Espaillat Mfume Vela
Cole Kelly (MS) Spartz Evans Moore (WI) Velázquez
The bill was ordered to be engrossed Wasserman
Comer Kelly (PA) Stauber Fletcher Morelle
and read a third time, and was read the Crawford Kim (CA) Steel Foster Moulton Schultz
third time. Crenshaw Kinzinger Stefanik Frankel, Lois Mrvan Waters
MOTION TO RECOMMIT Curtis Kustoff Steil Fudge Murphy (FL) Watson Coleman
Davidson LaHood Steube Gallego Nadler Welch
Mr. WESTERMAN. Mr. Speaker, I DesJarlais LaMalfa Garamendi Napolitano Wexton
Stewart
have a motion to recommit at the Diaz-Balart Lamborn Stivers Garcı́a (IL) Neal Wild
desk. Donalds Latta Taylor Garcia (TX) Neguse Williams (GA)
The SPEAKER pro tempore. The Dunn LaTurner Tenney Golden Newman Wilson (FL)
Emmer Lesko Thompson (PA) Gomez Norcross Yarmuth
Clerk will report the motion to recom- Estes Long
Tiffany
mit. Fallon Loudermilk
Timmons NOT VOTING—6
The Clerk read as follows: Feenstra Lucas
Turner Bost Davis, Rodney Foxx
Ferguson Luetkemeyer
Mr. Westerman moves to recommit the bill Upton Brady Duncan Norman
Fischbach Malliotakis
H.R. 803 to the Committee on Natural Re- Fitzgerald Mann
Valadao
sources. Fitzpatrick Massie Van Drew
The material previously referred to Fleischmann Mast Van Duyne b 1355
Fortenberry McCarthy Wagner
by Mr. WESTERMAN is as follows: Walberg Messrs. GALLEGO, LARSEN of
At the end of the committee print, insert Franklin, C. McCaul
Walorski
the following: Scott McClain
Waltz
Washington, Mrs. LAWRENCE, and Mr.
Fulcher McClintock
TITLE IX—SECURING AMERICA’S ENERGY Gaetz McHenry Weber (TX) KHANNA changed their vote from
SEC. 901. NULLIFICATION OF EXECUTIVE ORDER Gallagher McKinley Webster (FL) ‘‘yea’’ to ‘‘nay.’’
AND SECRETARIAL ORDER. Garbarino Meijer Wenstrup
dlhill on DSK120RN23PROD with House
Garcia (CA) Meuser Westerman So the motion to recommit was re-
The following Executive Order and Secre-
Gibbs Miller (IL) Williams (TX) jected.
tarial Order shall have no force or effect: Wilson (SC)
Gimenez Miller (WV)
(1) Executive Order 14008, relating to Gohmert Miller-Meeks Wittman The result of the vote was announced
‘‘Tackling the Climate Crisis at Home and Gonzales, Tony Moolenaar Womack as above recorded.
Abroad’’ (published at 86 Fed. Reg. 7619 (Feb- Gonzalez (OH) Mooney Young
ruary, 1, 2021)); and Good (VA) Moore (AL) Zeldin Stated for:
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H761
Mr. DUNCAN. Mr. Speaker, I was unavoid- Horsford McEachin Schneider Palazzo Schweikert Turner
Houlahan McGovern Schrader Palmer Scott, Austin Valadao
ably detained by the unconstitutional magne- Hoyer McNerney Schrier Pence Sessions Van Duyne
tometer at the entrance to the House Cham- Huffman Meeks Scott (VA) Perry Smith (MO) Wagner
ber. Had I been present, I would have voted Jackson Lee Meijer Scott, David Pfluger Smith (NE) Walberg
‘‘yea’’ on rollcall No. 44. Jacobs (CA) Meng Sewell Posey Smucker Walorski
Jayapal Mfume Sherman Reed Spartz Waltz
Mr. BRADY. Mr. Speaker, I apologize for Jeffries Moore (WI) Sherrill Reschenthaler Stauber Weber (TX)
missing this vote. Had I been present, I would Johnson (GA) Morelle Simpson Rice (SC) Steel
Webster (FL)
have voted ‘‘yea’’ on rollcall No. 44, MTR on Johnson (TX) Moulton Sires Rodgers (WA) Stefanik
Wenstrup
Jones Mrvan Slotkin Rogers (AL) Steil
H.R. 803. Kahele Murphy (FL) Smith (NJ) Rogers (KY) Steube Westerman
Kaptur Nadler Smith (WA) Rose Stewart Williams (TX)
MEMBERS RECORDED PURSUANT TO HOUSE
Keating Napolitano Soto Rosendale Stivers Wilson (SC)
RESOLUTION 8, 117TH CONGRESS
Kelly (IL) Neal Spanberger Rouzer Taylor Wittman
Allred (Davids Green, Al (TX) Meng (Clark Khanna Neguse Speier Roy Tenney Womack
(KS)) (Perlmutter) (MA)) Kildee Newman Stanton Rutherford Thompson (PA) Young
Amodei Grijalva (Garcı́a Moore (WI) Kilmer Norcross Stevens Salazar Tiffany Zeldin
(Balderson) (IL)) (Beyer) Kim (NJ) O’Halleran Strickland Scalise Timmons
Banks (Walorski) Hastings Moulton Kind Ocasio-Cortez Suozzi
Bowman (Clark (Cleaver) (Trahan) Kirkpatrick Omar Swalwell NOT VOTING—4
(MA)) Himes Mullin (Lucas) Krishnamoorthi Pallone Takano
Brown (Mfume) (Courtney) Napolitano Bost Foxx
Kuster Panetta Thompson (CA) Cole Kinzinger
Buchanan Huffman (Eshoo) (Correa) Lamb Pappas Thompson (MS)
(Donalds) Issa (Valadao) Nunes (Garcia Langevin Pascrell Titus
Budd (McHenry) Jackson (Nehls) (CA))
Calvert (Garcia Jackson Lee Palazzo
Larsen (WA) Payne Tlaib b 1444
Larson (CT) Perlmutter Tonko
(CA)) (Butterfield) (Fleischmann)
Cárdenas Jacobs (CA) Payne (Pallone)
Lawrence Peters Torres (CA) Mr. LONG changed his vote from
Lawson (FL) Phillips Torres (NY)
(Gomez) (Jones) Pingree (Kuster) Lee (CA) Pingree Trahan
‘‘yea’’ to ‘‘nay.’’
Carter (TX) Kelly (IL) Porter (Wexton) Lee (NV) Pocan Trone Ms. NEWMAN changed her vote from
(Nehls) (Kuster) Roybal-Allard Leger Fernandez Porter Underwood
Cawthorn Kelly (PA) (Bass) ‘‘nay’’ to ‘‘yea.’’
Levin (CA) Pressley Upton
(McHenry) (Keller) Ruiz (Aguilar) Levin (MI) Price (NC) Van Drew So the bill was passed.
DeSaulnier Kirkpatrick Rush Lieu Quigley Vargas
(Matsui) (Stanton) (Underwood) The result of the vote was announced
Lofgren Raskin Veasey
Deutch (Rice Krishnamoorthi Steube Lowenthal Rice (NY) Vela as above recorded.
(NY)) (Clark (MA)) (Franklin, C.
Fletcher (Kuster) Langevin Scott)
Luria Ross Velázquez A motion to reconsider was laid on
Lynch Roybal-Allard Wasserman the table.
Frankel, Lois (Lynch) Vargas (Correa) Mace Ruiz Schultz
(Clark (MA)) Lawson (FL) Waltz (Donalds) Malinowski Ruppersberger Waters Stated for:
Gaetz (Franklin, (Evans) Wasserman Maloney, Rush Watson Coleman
C. Scott) Lieu (Beyer) Schultz (Soto) Mr. RODNEY DAVIS of Illinois. Mr. Speak-
Carolyn B. Ryan Welch
Garcia (TX) Lofgren (Jeffries) Watson Coleman Maloney, Sean Sánchez Wexton er, I was unavoidably detained. Had I been
(Escobar) Long (Wagner) (Pallone) Manning Sarbanes Wild present, I would have voted ‘‘yea’’ on rollcall
Gonzalez, Lowenthal Wilson (FL) Matsui Scanlon Williams (GA)
Vincente (Beyer) (Hayes) No. 45.
McBath Schakowsky Wilson (FL)
(Gomez) McNerney Young McCollum Schiff Yarmuth MEMBERS RECORDED PURSUANT TO HOUSE
Gosar (Herrell) (Eshoo) (Malliotakis)
RESOLUTION 8, 117TH CONGRESS
The SPEAKER pro tempore (Mr. NAYS—200 Allred (Davids Green, Al (TX) Moore (WI)
CORREA). The question is on the pas- Aderholt Estes Jacobs (NY) (KS)) (Perlmutter) (Beyer)
Allen Fallon Johnson (LA) Amodei Grijalva (Garcı́a Moulton
sage of the bill. (Balderson) (IL))
Amodei Feenstra Johnson (OH) (Trahan)
The question was taken; and the Armstrong Ferguson Johnson (SD) Banks (Walorski) Hastings Mullin (Lucas)
Speaker pro tempore announced that Arrington Fischbach Jordan Bowman (Clark (Cleaver) Napolitano
the ayes appeared to have it. Babin Fitzgerald Joyce (OH) (MA)) Himes (Correa)
Bacon Fleischmann Joyce (PA) Brown (Mfume) (Courtney) Norman (Rice
Mr. WESTERMAN. Mr. Speaker, on Baird Fortenberry Katko Buchanan Huffman (Eshoo)
(SC))
that I demand the yeas and nays. Balderson Franklin, C. Keller (Donalds) Issa (Valadao)
Nunes (Garcia
The SPEAKER pro tempore. Pursu- Banks Scott Kelly (MS) Budd (McHenry) Jackson (Nehls)
Calvert (Garcia Jackson Lee (CA))
Barr Fulcher Kelly (PA)
ant to section 3(s) of House Resolution Bentz Gaetz Kim (CA) (CA)) (Butterfield) Palazzo
8, the yeas and nays are ordered. Bergman Gallagher Kustoff Cárdenas Jacobs (CA) (Fleischmann)
Payne (Pallone)
The vote was taken by electronic de- Bice (OK) Garbarino LaHood (Gomez) (Jones)
Biggs Gibbs LaMalfa Carter (TX) Kelly (IL) Pingree (Kuster)
vice, and there were—yeas 227, nays (Nehls) (Kuster) Porter (Wexton)
Bilirakis Gimenez Lamborn
200, not voting 4, as follows: Bishop (NC) Gohmert Latta Cawthorn Kelly (PA) Roybal-Allard
[Roll No. 45] Boebert Gonzales, Tony LaTurner (McHenry) (Keller) (Bass)
Brady Gonzalez (OH) Lesko DeSaulnier Kirkpatrick Ruiz (Aguilar)
YEAS—227 Brooks Gonzalez, Long (Matsui) (Stanton) Rush
Adams Castor (FL) Dingell Buchanan Vicente Loudermilk Deutch (Rice Krishnamoorthi (Underwood)
Aguilar Castro (TX) Doggett Buck Good (VA) Lucas (NY)) (Clark (MA)) Steube
Allred Chu Doyle, Michael Bucshon Gooden (TX) Luetkemeyer Fletcher (Kuster) Langevin (Franklin, C.
Auchincloss Cicilline F. Budd Gosar Malliotakis Frankel, Lois (Lynch) Scott)
Axne Clark (MA) Escobar Burchett Granger Mann (Clark (MA)) Lawson (FL) Vargas (Correa)
Barragán Clarke (NY) Eshoo Burgess Graves (LA) Massie Gaetz (Franklin, (Evans) Waltz (Donalds)
Bass Cleaver Espaillat Calvert Graves (MO) Mast C. Scott) Lieu (Beyer)
Wasserman
Beatty Clyburn Evans Cammack Green (TN) McCarthy Garcia (TX) Lofgren (Jeffries)
Schultz (Soto)
Bera Cohen Fitzpatrick Carl Greene (GA) McCaul (Escobar) Long (Wagner)
Gonzalez, Lowenthal Watson Coleman
Beyer Connolly Fletcher Carter (GA) Griffith McClain
Vincente (Beyer) (Pallone)
Bishop (GA) Cooper Foster Carter (TX) Grothman McClintock
Blumenauer Correa Cawthorn (Gomez) McNerney Wilson (FL)
Frankel, Lois Guest McHenry
Blunt Rochester Costa Fudge Chabot Guthrie McKinley Gosar (Herrell) (Eshoo) (Hayes)
Bonamici Courtney Gallego Cheney Hagedorn Meuser Green (TN) Meng (Clark Young
Bourdeaux Craig Garamendi Cline Harris Miller (IL) (Timmons) (MA)) (Malliotakis)
Bowman Crist Garcia (CA) Cloud Harshbarger Miller (WV)
Boyle, Brendan Crow Garcı́a (IL) Clyde Hartzler Miller-Meeks
f
F. Cuellar Garcia (TX) Comer Hern Moolenaar
Brown Davids (KS) Golden Crawford Herrell Mooney
Brownley Davis, Danny K. Gomez Crenshaw Herrera Beutler Moore (AL) RECESS
Bush Dean Gottheimer Curtis Hice (GA) Moore (UT)
Bustos DeFazio Green, Al (TX) Davidson Higgins (LA) Mullin The SPEAKER pro tempore (Mr.
dlhill on DSK120RN23PROD with House
Butterfield DeGette Grijalva Davis, Rodney Hill Murphy (NC)
Carbajal DeLauro Haaland DesJarlais Hinson Nehls CORREA). Pursuant to clause 12(a) of
Cárdenas DelBene Harder (CA) Diaz-Balart Hollingsworth Newhouse rule I, the Chair declares the House in
Carson Delgado Hastings Donalds Hudson Norman recess subject to the call of the Chair.
Cartwright Demings Hayes Duncan Huizenga Nunes
Case DeSaulnier Higgins (NY) Dunn Issa Obernolte Accordingly (at 2 o’clock and 47 min-
Casten Deutch Himes Emmer Jackson Owens utes p.m.), the House stood in recess.
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H762 CONGRESSIONAL RECORD — HOUSE February 26, 2021
b 2035 over 10 hours and reported a rule, scale of the problem that we face.
AFTER RECESS House Resolution 166, providing for Nearly 7 in 10 Americans support this
consideration of H.R. 1319, the Amer- plan. More than 150 leaders of our Na-
The recess having expired, the House ican Rescue Plan Act of 2021, under a tion’s top businesses came out this
was called to order by the Speaker pro closed rule. week in support of this plan.
tempore (Ms. JACOBS of California) at 8 The rule provides 1 hour of debate Republican officeholders like the
o’clock and 35 minutes p.m. equally divided among and controlled Governor of West Virginia have encour-
f by the chairs and ranking minority aged Congress to go big here. And local
members, or their designees, of the Republican leaders, like the mayor of
REPORT ON RESOLUTION PRO-
Committee on the Budget and the Com- Miami, and so many other Republican
VIDING FOR CONSIDERATION OF
mittee on Ways and Means. mayors across this country from red
H.R. 1319, AMERICAN RESCUE
The rule self-executes a manager’s States, support our President’s pro-
PLAN ACT OF 2021 posal. This is a bipartisan response to
amendment by Chairman YARMUTH and
Mr. MCGOVERN, from the Com- provides one motion to recommit. the coronavirus crisis.
mittee on Rules, submitted a privi- Madam Speaker, since the emergence We all joined together on the Capitol
leged report (Rept. No. 117–8) on the of the coronavirus, our Nation has been steps on Tuesday to mark the 500,000
resolution (H. Res. 166) providing for in a perpetual state of mourning. The lives lost to the coronavirus in this
consideration of the bill (H.R. 1319) to number of Americans killed by this country. We didn’t stand as Democrats
provide for reconciliation pursuant to pandemic is nearly equal to one death or Republicans, but as one Congress.
title II of S. Con. Res. 5, which was re- a minute every minute for a year. We mourn the empty seats at dinner
ferred to the House Calendar and or- Every corner of society has been im- tables, and the missed graduations, and
dered to be printed. pacted: More than 18 million Ameri- weddings the same way, not from our
f cans are receiving unemployment bene- partisan corners, but as one American
family.
PROVIDING FOR CONSIDERATION fits; nearly 24 million Americans are
Through our grief, we should respond
OF H.R. 1319, AMERICAN RESCUE going hungry with roughly 12 million here the same way. United in our pur-
PLAN ACT OF 2021 children living in households with food pose to defeat this pandemic and re-
insecurity; up to 40 million Americans build our Nation.
Mr. MCGOVERN. Madam Speaker, by cannot afford to pay rent; 8 of 10 mi-
direction of the Committee on Rules, I Madam Speaker, I urge all my col-
nority-owned businesses are on the leagues to stand together and with the
call up House Resolution 166 and ask brink of closure; and I could go on and
for its immediate consideration. American people in support of this
on and on, Madam Speaker. This is a plan. Let’s act big. Let’s act bold. Let’s
The Clerk read the resolution, as fol- time to act and to act boldly.
lows: crush this virus.
That is why we began work on the Madam Speaker, I reserve the bal-
H. RES. 166 American Rescue Plan nearly 1 month ance of my time.
Resolved, That immediately upon adoption ago. Nine committees have now Mr. BURGESS. Madam Speaker, I
of this resolution, the House shall proceed to marked up portions of the bill, spend- thank the gentleman from Massachu-
the consideration in the House of the bill ing more than 100 hours debating more setts for yielding me the customary 30
(H.R. 1319) to provide for reconciliation pur-
than 400 amendments. We have acted minutes, and I yield myself such time
suant to title II of S. Con. Res. 5. All points
of order against consideration of the bill are swiftly, Madam Speaker, but we have as I may consume.
waived. The amendment printed in the re- also acted deliberately, guided by the Madam Speaker, just before I begin, I
port of the Committee on Rules accom- reality that the American people need also want to acknowledge that I had
panying this resolution shall be considered us to act urgently. sent the chairman of the Rules Com-
as adopted. The bill, as amended, shall be More vaccines need to get to more mittee a letter earlier in the week, to
considered as read. All points of order people, so this plan will set up commu- which he today kindly responded, and I
against provisions in the bill, as amended, nity vaccination sites nationwide. Our appreciate the prompt response to my
are waived. The previous question shall be concerns about Capitol security.
schools need to safely reopen, so this
considered as ordered on the bill, as amend- Madam Speaker, today’s rule pro-
ed, and on any further amendment thereto, bill will deliver new resources to help
them do so. Working families need vides for consideration of H.R. 1319, the
to final passage without intervening motion American Rescue Plan Act of 2021.
except: (1) one hour of debate equally divided more immediate relief, so the Amer-
among and controlled by the chair and rank- ican Rescue Plan also provides an addi- Throughout this process, Republicans
ing minority member of the Committee on tional $1,400 per person and direct as- have been completely excluded. I sit on
the Budget or their respective designees and sistance. That will bring the total the Committee on Energy and Com-
the chair and ranking minority member of amount of direct assistance recently merce, I sit on the Budget Committee,
the Committee on Ways and Means or their
provided to $2,000 per person. and I sit on the Rules Committee, and
respective designees; and (2) one motion to throughout the markups in each of
recommit.
This bill also extends unemployment
benefits and boosts the Federal min- these committees Republicans offered
The SPEAKER pro tempore. The gen- imum wage so that 27 million workers sincere amendments to improve the
tleman from Massachusetts is recog- get a raise. Sadly, the Senate rules will bill for the American people.
nized for 1 hour. While only 2 of the 245 Republican
cause this provision to be removed
Mr. MCGOVERN. Madam Speaker, for amendments offered were adopted, the
when it is considered there.
the purpose of debate only, I yield the rule before us today strips out the one
But I want the American people to
customary 30 minutes to the gen- amendment adopted by a rollcall vote.
know this, we, on the Democratic side, Earlier today in the Rules Com-
tleman from Texas (Mr. BURGESS), we will not stop fighting to make a
pending which I yield myself such time mittee, over 200 amendments were of-
minimum wage increase a reality. No fered and debated, not a single one was
as I may consume. During consider- one, and I mean no one, who works full
ation of this resolution, all time yield- made in order. The American people at
time in the richest nation on this plan- least deserve to have the suggestions of
ed is for the purpose of debate only. et should have to live in poverty. Members that they elected to be de-
GENERAL LEAVE There is also nutrition assistance in- bated on the House floor. They don’t
Mr. MCGOVERN. Madam Speaker, I cluded to combat the growing hunger have to be adopted, but they should at
ask unanimous consent that all Mem- crisis. And support for local commu- least be heard on the House floor. It
bers have 5 legislative days in which to nities on the frontlines of this health seems that the Democrats are unwill-
revise and extend their remarks. emergency. There is aid here for small ing to allow elected Members of Con-
The SPEAKER pro tempore. Is there businesses, expanded PPP eligibility,
dlhill on DSK120RN23PROD with House
gress to do their job and represent
objection to the request of the gen- and resources for our first responders, their constituents.
tleman from Massachusetts? for our teachers, for our transit work-
There was no objection. ers, and so much more. b 2045
Mr. MCGOVERN. Madam Speaker, This is what it looks like when Con- With $1 trillion of funding left
today the Rules Committee met for gress acts in a way that matches the unspent from the previous—from the
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H763
previous—coronavirus response bills, it calendar year, there remains $1 trillion with the ongoing pandemic. This bill,
does seem that we do have some time in unspent funding. which is the most expensive single bill
to do our work, but, instead, we didn’t Why is it so urgent to pass another $2 in history, only allocates 9 percent of
even hold markups on this portion of trillion now? the $1.9 trillion price tag to actually
the bill. It is reminiscent of our former col- defeating COVID.
While the Energy and Commerce league, Rahm Emanuel, who said: So what are the Democrats spending
Committee did hold a markup, all Re- Never let a crisis go to waste. the rest of the money on?
publican amendments were defeated. Madam Speaker, I urge opposition to Corrupt pet projects, of course, and
This portion of the bill includes the rule, and I reserve the balance of also payoffs to Progressive liberal spe-
changes that will take months to im- my time. cial interest groups.
plement, if indeed they happen at all. Mr. MCGOVERN. Madam Speaker, I Just look at it: $100 million for a Sil-
Perhaps the most startling figure is yield 2 minutes to the gentleman from icon Valley rail project near Speaker
less than 10 percent of these dollars are Colorado (Mr. PERLMUTTER), who is a PELOSI’s district. Totally coinciden-
actually spent on combating the distinguished member of the Rules tally, I am sure. Taxpayer funded
coronavirus. Committee. healthcare subsidies for illegal immi-
Despite spending over $14 billion on Mr. PERLMUTTER. Madam Speaker, grants. Fifty million dollars for
vaccines and therapeutics, after $28 bil- I rise today to support the rule and the Planned Parenthood. Hundreds of bil-
lion was just recently provided in the American Rescue Plan Act of 2021. lions in bailouts to blue State Gov-
fiscal year 2021 omnibus, this package The COVID–19 pandemic has cost the ernors, who crush small businesses
does not contain any funding—zero lives of over 500,000 Americans—more with their draconian lockdown meas-
funding—for the National Institutes of than all the casualties of World War I, ures. And a minimum wage mandate
Health. The National Institutes of World War II, and the Vietnam war that, right off the bat, would kill 1.4
Health has been a critical partner in combined. Millions more have been in- million American jobs. The list goes on
Operation Warp Speed and getting the fected and are recovering from the and on.
vaccine through the approval process virus. Our economy has lost more than But do you know what Democrats
in literally warp speed time and help- 10 million jobs. Countless businesses aren’t putting in this bill?
ing the vaccine manufacturers in de- have failed or are at risk of failing. So They aren’t reopening our schools. In
veloping the coronavirus vaccine that our job today in Congress is to move fact, this bill spends 95 percent of the
we are now so urgently needing. quickly to address the physical, emo- education funding after the school
This legislation includes many provi- tional, and financial health of all year.
sions that really should be addressed Americans. We can accomplish all Democrats also aren’t reopening our
outside of a coronavirus relief package, three of these priorities through pas- economy with this bill. In fact, this bill
like providing a State option for sage of the American Rescue Plan. spends $471 billion on policies that ac-
postpartum Medicaid coverage for I want to touch on a few of the provi- tually reduce employment.
women. While this is a policy I have sions included in this package. First, And they aren’t targeting relief to
long advocated for, it should not be our State and local governments, fire- where it is actually needed. In fact,
temporary, as this legislation directs it fighters, police, transportation work- this bill gives checks to individuals
to sunset after 7 years. Let’s bring that ers, and healthcare providers have been who have not lost any income and
bill separately to the floor and get this on the front lines of the pandemic, sup- gives taxpayer-funded healthcare to
policy right, just as we did in the last porting their communities by devel- millionaires.
Congress. oping testing capabilities, supporting President Biden and congressional
Furthermore, although there are bil- vulnerable populations, and now de- Democrats had a chance to make good
lions of dollars directed to public ploying the vaccines as quickly as pos- on their empty promises to show unity
health, the Provider Relief Fund is cu- sible. and bipartisanship. They could have
riously not replenished. I am glad this bill includes $350 bil- worked with Republicans on a targeted
Again, why are we not supporting lion for State and local governments relief bill that sends money to where it
programs which we know work and we all across the country. actually needs to go and effectively
know provide direct, targeted relief? We also need to work quickly to ex- spends $1 trillion in the remaining
The Provider Relief Fund is a pro- tend expiring unemployment programs, funds that have already been allocated.
gram that works, and that is why I of- which expire on March 14. We saw what Instead, they are using this pandemic
fered an amendment to add $35 billion happened when Senator MCCONNELL as pretext to force through a corrupt
to the Provider Relief Fund. paused last year, and Coloradans are bill filled with Progressive payoffs.
Adding to the partisan nature of this still struggling to receive the benefits Madam Speaker, I urge my col-
legislation is the lack of any Hyde pro- they are owed. leagues to vote ‘‘no’’ on H.R. 1319.
tections ensuring that none of this This legislation will invest $130 bil- Mr. MCGOVERN. Madam Speaker, I
funding is used to subsidize abortion. lion to support K–12 schools as they include in the RECORD an article from
The Hyde amendment is a long- work to return to in-person learning The Washington Post, titled ‘‘Biden is
standing, bipartisan agreement. In- and help students catch up. It will also winning Republican support for his $1.9
stead, there is $50 million included for include $40 billion in rental and hous- trillion coronavirus relief plan. Just
Title X Family Planning, which likely ing assistance. In the last month, Colo- not in Washington.’’
is going to go to Planned Parenthood rado has seen a record amount of re- [From the Washington Post, Feb. 14, 2021]
and has nothing to do with coronavirus quests for rental assistance. BIDEN IS WINNING REPUBLICAN SUPPORT FOR
relief. The time for action is now. President HIS $1.9 TRILLION CORONAVIRUS RELIEF
This is a $1.9 trillion partisan wish Biden is laser focused on delivering re- PLAN—JUST NOT IN WASHINGTON
list that could ultimately increase the lief to all Americans, and I am proud of (By Griff Witte)
Federal deficit to between $2 trillion to his leadership so we can provide this The pandemic has not been kind to Fresno,
$3 trillion without addressing the im- needed assistance as we vaccinate more the poorest major city in California. The un-
mediate needs of Americans simply people each day. America needs this, employment rate spiked above 10 percent
trying to survive this pandemic. America wants this, and they are going and has stubbornly remained there. Violent
So I would suggest that now is not to get it. crime has surged, as has homelessness. Tax
the time to push through partisan pri- Mr. BURGESS. Madam Speaker, I revenue has plummeted as businesses have
orities. Barely a month ago, Congress yield 2 minutes to the gentleman from shuttered. Lines at food banks are filled with
passed, and President Trump signed Pennsylvania (Mr. RESCHENTHALER), first-timers.
dlhill on DSK120RN23PROD with House
But as bad as it’s been, things could soon
into law, a $900 billion coronavirus re- who is a valuable member of the Rules get worse: Having frozen hundreds of jobs
lief package. Combined with previous Committee. last year, the city is now being forced to con-
relief packages, which were bipartisan Mr. RESCHENTHALER. Madam sider laying off 250 people, including police
and which were worked on by both Speaker, the payoff to progressives and firefighters, to close a $31 million budget
Democrats and Republicans in the last package before us today has little to do shortfall.
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H764 CONGRESSIONAL RECORD — HOUSE February 26, 2021
‘‘That,’’ said Jerry Dyer, mayor of the When 10 Republican senators visited the the past decade, ‘‘a fiscally conservative
half-million-strong city in the Central Val- White House this month to lay out their city.’’ But the Republican said the pandemic
ley, ‘‘is going to be devastating.’’ slimmed-down $618 billion counterproposal has forced the city government to spend
The looming cuts explain why Dyer’s eyes to the president’s plan, Mitt Romney (Utah) more just to keep people afloat, doling out
are fixed on Washington, where President came brandishing details from a J.P. Morgan small-business support, rental assistance and
Biden’s $1.9 trillion coronavirus relief plan analysis showing that most states had seen help with utility bills.
dangles the tantalizing prospect of a re- only modest revenue declines. Price joined more than 400 fellow mayors
prieve. Though Dyer is a Republican, he’s Romney later told reporters that Biden’s late last month—including many Repub-
rooting for the president to successfully push insistence on $350 billion in state and local licans—in signing a U.S. Conference of May-
through federal aid that, after a nightmarish aid was the biggest stumbling block in nego- ors letter that called on Congress to quickly
year for Fresno, will ‘‘help get us to the tiations. pass Biden’s coronavirus relief plan. She said
end.’’ ‘‘That kind of number just makes no sense she had spoken with both of Texas’s sen-
The first-term mayor’s stance reflects a at all,’’ he said. The Republican plan pro- ators—Republicans Ted Cruz and John Cor-
broader split, one that gives Biden and his posed to cut it entirely. nyn—and made the same case.
fellow Democrats a key tactical advantage Yet as the J.P. Morgan analysis shows, the ‘‘We’re not asking the Democrats or the
as negotiations near an expected climax impact of the pandemic has been unevenly Republicans to put money into city coffers,’’
early next month. felt, with some states—especially those she said. ‘‘We’re asking them to put it into
Republicans in Congress overwhelmingly whose economies are heavily dependent on the community to help people get back on
oppose the relief bill, casting it as bloated tourism or oil and gas extraction—suffering their feet.’’
and budget-busting, with some heaping par- dramatic declines. The National Governors Association has
ticular scorn on a measure to send $350 bil- A Brookings Institution analysis in Sep- not released a letter similar to the one en-
lion in assistance to states and cities. Should tember found that although income tax rev- dorsed by the mayors. But the group did call
Biden go ahead without their approval, GOP enue had proved resilient during the pan- for $500 billion in relief for states last spring.
leaders say, it will prove that his mantra of demic, sales tax and transportation-related And individual Republican governors have
bipartisanship rings hollow. revenue had been hit especially hard. As a spoken up to back Biden’s relief plan, which
But to many Republicans at city halls and can be enacted without GOP support. That
result, states and cities were projected to
statehouses across the country, the relief includes moderates such as Maryland’s Larry
lose out on more than $450 billion over three
package looks very different. Instead of the Hogan, as well as Trump-aligned conserv-
years.
‘‘blue-state bailout’’ derided by GOP law-
And the pain hasn’t only been on the rev- atives such as West Virginia’s Jim Justice,
makers, Republican mayors and governors
enue side. New needs arising from the pan- who has urged Congress to ‘‘go big.’’
say they see badly needed federal aid to keep Suarez, the Miami mayor, has pushed the
demic have created new costs.
police on the beat, to prevent battered Main same message and has put pressure on Flor-
‘‘Cities were confronting some really big
Street businesses from going under and to ida’s two Republican senators, Marco Rubio
challenges even before this crisis—income
help care for the growing ranks of the home- and Rick Scott, to follow through.
inequality, homelessness, housing afford-
less and the hungry. The Republican recently co-wrote an op-ed
ability,’’ said Tracy Gordon, acting director
‘‘It’s not a Republican issue or a Democrat with St. Petersburg Mayor Rick Kriseman, a
of the Urban-Brookings Tax Policy Center.
issue,’’ said Dyer, who became mayor last Democrat, in which they addressed the sen-
All have been exacerbated by the
month following a long career as the city’s ators directly and enumerated the problems
coronavirus pandemic, she said. But many
police chief. ‘‘It’s a public health issue. It’s facing their cities, including unemployment,
cities now have fewer resources with which
an economic issue. And it’s a public safety bankrupt business and lines at food pantries
to address them.
issue.’’ that look like ‘‘gridlocked freeways.’’
In Oklahoma City, Holt said, revenue has
Surveys show that a broad majority of ‘‘Florida’s cities are in agony and are cry-
been down by about 5 percent, a sharp depar-
Americans support the assistance, including ing out for help,’’ they wrote. ‘‘This is not
ture from the robust growth the city had be-
large numbers of Republicans. Only a minor- sustainable.’’
come accustomed to before the pandemic. To
ity among Republican voters agree with GOP In an interview, Suarez said both senators
compensate, he said, the city has had to
lawmakers that the aid package is too large, have been receptive to his message in pri-
leave jobs unfilled and cut funding for parks
polls have found. vate, though they also expressed concerns
Biden on Friday highlighted the rift, invit- and recreation, even as the overall needs of
citizens and businesses have grown. about the price tag—concerns that Suarez
ing a bipartisan group of mayors and gov-
‘‘We don’t do much fluff here,’’ he said. ‘‘So said he could understand, to a point.
ernors to the White House to discuss the spe-
whatever we’ve had to cut, residents have ex- Mr. MCGOVERN. Madam Speaker, I
cifics of the bill.
You folks are all on the front lines and perienced it.’’ yield 1 minute to the gentleman from
dealing with the crisis since day one,’’ he Republican lawmakers in Washington have California (Mr. TAKANO), who is the dis-
told the group, which included the Repub- dismissed aid to cities as a bailout for gov- tinguished chairman of the Committee
lican governors of Maryland and Arkansas, ernments that have long spent beyond their
on Veterans’ Affairs.
as well as Republican mayors. means.
But Holt called that ‘‘a red herring.’’ Most
Mr. TAKANO. Madam Speaker, I
Miami Mayor Francis Suarez (R) later told thank Chairman MCGOVERN for yield-
reporters from the podium in the White state and city governments—unlike the fed-
eral government—have to balance their ing.
House briefing room that he had spoken with
Biden and Vice President Harris more in the budgets, just as a business would. Madam Speaker, as of this week, over
first several weeks of their administration But unlike businesses large and small that 10,000 veterans and 130 VHA employees
‘‘than I had spoken to the prior administra- have received grants or loans to make up for have lost their lives to COVID–19. Over
tion in the entirety.’’ the damage done by the coronavirus, cities 226,000 veterans and 18,000 VA employ-
Biden said he brought the group to the have been left out. ees have tested positive.
White House to ask ‘‘what do they think ‘‘In a sense, we’re the only employer that
It is clear: We must act now.
they need most.’’ hasn’t been able to make an application to
anyone to save our jobs and save our serv-
This bill would provide funding to in-
To many mayors and governors, it’s a long
ices,’’ said Holt, who noted that the city gov- crease VA’s claims and appeals proc-
list.
‘‘I don’t know of any city that hasn’t been ernment is one of his metro area’s biggest essing to reduce the backlog caused by
affected negatively,’’ Oklahoma City Mayor employers. ‘‘Support for cities and states is COVID–19. It would deliver critical
David Holt (R) said. ‘‘Some may be worse off way overdue.’’ funding for the Veterans Health Ad-
than others. But we have all had to make There has been some relief. The Cares Act, ministration, bolster VA’s supply chain
cuts.’’ signed into law by President Donald Trump modernization, and support State vet-
The impact has not been as severe as some last March, included $150 billion for states
erans homes to upgrade and enhance
economists initially projected, however. and for the nation’s 38 largest cities. But
When the pandemic first struck American money had to be spent directly on their safety operations. It would also
shores and much of the U.S. economy shut coronavirus expenses, creating logistical fund stronger oversight through the
down last spring, the prognosis for states and hurdles in getting it out the door. Nearly a VA’s Office of Inspector General, se-
cities looked dire. Analysts warned that cit- year later, some of it remains unspent, a cure assistance for unemployed vet-
ies—some of which had still not fully recov- point Republicans make in arguing for why erans, and prohibit copayments for vet-
ered from the Great Recession more than a additional taxpayer dollars should not be al- erans during the pandemic.
decade ago—could be forced into bankruptcy. located. This bill is critical to ensure the
But some of the worst consequences have The aid proposed by Biden would not have
dlhill on DSK120RN23PROD with House
health system that veterans rely on
already been blunted by previous rounds of the same restrictions. Mayors say that will
federal aid, as well as by the nature of the make it easier to quickly get it into the
can continue to meet their needs and
economic recovery, with high-income indi- hands of those who need it and to stimulate serve as a backup to America’s over-
viduals—who contribute much of the state economic growth. whelmed healthcare systems.
and local tax base—bouncing back relatively Betsy Price proudly calls Fort Worth, the While a return to handshakes, hugs,
quickly, even as poorer families languish. metropolis of nearly 900,000 she has led for and visible smiles is on the horizon, the
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H765
path to get there requires this Con- challenges our Nation is facing, and it sections in the Manager’s Amendment were to
gress to do quick and thorough work to deserves strong bipartisan support. ensure that these sections would meet the re-
ensure we all get there together. Mr. BURGESS. Madam Speaker, I quirements of section 313 of the Congres-
Mr. BURGESS. Madam Speaker, I yield 1 minute to the gentleman from sional Budget Act of 1974 for consideration in
yield 1 minute to the gentleman from Texas (Mr. PFLUGER), who is another the United States Senate.
Pennsylvania (Mr. MEUSER). valuable member of the Texas delega- The systemic discrimination against Black
Mr. MEUSER. Madam Speaker, I tion. farmers and other farmers of color by USDA
thank the gentleman from Texas for Mr. PFLUGER. Madam Speaker, I is longstanding and well-documented and con-
yielding. rise today in complete opposition to tinues to present barriers for these producers
Madam Speaker, over the past year, the Democrats’ blue State bailout bill. to participate in the agricultural economy. It is
Congress has allocated nearly $4 tril- This bill will cost the American tax- important that we document this history and
lion to respond to the COVID–19 pan- payer nearly $2 trillion—let that sit for the continuing challenges for these farmers of
demic. Now Democrat leadership is fol- a second—$2 trillion when our Nation color in the CONGRESSIONAL RECORD.
lowing through on a campaign promise is already $27 trillion in debt. A 1965 report by the United States Commis-
made by President Biden to spend an- Where does this money go? sion on Civil Rights found that Federal, state,
other $2 trillion. Surely it will be spent towards fight- and local officials discriminated against Black
Madam Speaker, further assistance is ing the pandemic and COVID. Wrong. farmers in agricultural programs and that this
appropriate for those individuals, fami- Only 9 percent of this money will go to- discrimination actively contributed to the de-
lies, and businesses who have been hit wards fighting COVID–19. The rest of cline in the Black ownership of farmland.
the hardest, including restaurants; but the funding is going towards Democrat In 1968, a follow up report from the United
this bill fails to recognize the improv- pet projects, like a subway in Silicon States Commission on Civil Rights found that
ing economic conditions, as well as the Valley and a bridge in New York. Tax- Black farmers continued to face discrimination
fact that more than $1 trillion from payers in Texas should absolutely not when seeking farm loans and other forms of
previous relief packages remains be rewarding States who have kept assistance.
unspent. their economies shuttered and pre- In 1970, the United States Commission on
Just 9 percent of this bill goes to- Civil Rights again found that discrimination
vented workers from earning a living.
wards combating the virus, and just 1 continued in USDA program administration.
Madam Speaker, for these reasons
percent is directed for vaccines. In- The 1970 report indicated that prior to 1968,
and more, I urge my colleagues to vote
stead, the apparent priorities for Dem- no Black farmer had ever been elected to any
‘‘no.’’
ocrat leadership include a bailout for former Agricultural Stabilization and Conserva-
Mr. MCGOVERN. Madam Speaker, I
mismanaged States, pension funds, an
yield 1 minute to the gentleman from tion Service committee at the county level in
increase in the minimum wage, and
Georgia (Mr. DAVID SCOTT), who is the the South. In 1970, two out of more than
half a billion dollars for the arts and
distinguished chairman of the Com- 4,100 committee members in the South were
humanities.
Madam Speaker, Congress has al- mittee on Agriculture. Black farmers, even though there were 58
ready provided $68 billion for our Mr. DAVID SCOTT of Georgia. counties in the South, where Black farmers
schools, more than double the CDC’s Madam Speaker, let’s face facts. Let comprised a majority of the farm operator pop-
highest estimate of what it would take me tell my Republican friends: We ulation.
for our schools to open safely. We have a terrible hunger crisis going on In 1982, the United States Commission on
should be able to unite in supporting in this country right now. Fourteen Civil Rights issued another report on the rapid
an economic recovery, open our million of our children are going to bed decline of Black-operated farms. The report
schools, increase testing, and ensure hungry this night. noted that between 1970 and 1980, the Black
the efficient distribution of vaccines. The American people are crying out: farm population declined 65 percent, com-
Mr. MCGOVERN. Madam Speaker, I Congress, help us. pared to a 22 percent decline in the white
yield 1 minute to the gentleman from We have support of our measure from farm population. The report also documented
New Jersey (Mr. PALLONE), who is the the American Farm Federation and numerous discrimination complaints filed
distinguished chairman of the Energy from Cargill, and we have support of against USDA field offices regarding the ad-
and Commerce Committee. our legislation from God Almighty ministration of farm loan programs and noted
Mr. PALLONE. Madam Speaker, Himself. that for many of these complaints, USDA’s Of-
President Biden has set forth a na- What did He tell you and me? fice of Equal Opportunity investigated and
tional plan to crush the virus. With He said: Feed the hungry and heal found equal opportunity violations at those
this bill, Congress is providing the the sick. field offices. The report concluded that racial
President with the resources and tools America is hungry, America is sick, discrimination was continuing within the
to implement a national plan that was and America is calling on you Repub- USDA, at USDA headquarters, and in the net-
sorely lacking under President Trump. licans to love your people and take work of field offices that implement USDA pro-
States competed against each other care of your people at this critical time grams.
during the Trump administration for of need. In 1988, Congress passed section 617 of
personal protection equipment, ven- Madam Speaker, as the first African Amer- the Agricultural Credit Act of 1987 requiring
tilators, and testing supplies. That now ican Chairman of the House Agriculture Com- the USDA to establish annual target participa-
ends. mittee, I am proud that the American Rescue tion rates, on a county-wide basis, that would
This legislation provides $20 billion Plan Act provides support for all sectors of ag- ensure that members of socially disadvan-
to speed up the distribution and admin- ricultural production, including farmers, ranch- taged groups receive direct or guaranteed
istration of COVID–19 vaccines. It in- ers, and private forest land owners of color. farm ownership loans. Congress amended this
vests over $47 billion in a national test- The U.S. Department of Agriculture (USDA) requirement in 1996, to ensure that USDA’s
ing strategy. It invests $7 billion to spends billions of dollars annually in providing implementation was consistent with the hold-
hire 100,000 new full-time public health much needed support to American producers. ing of the Supreme Court in Adarand Con-
workers to perform vital tasks, like Sadly, Black farmers and other farmers of structors, Inc. v. Federico Pena, Secretary of
vaccine outreach and contact tracing. color have received a small share of the Transportation, 515 U.S. 200 (1995), which
It invests more than $25 billion to ad- USDA farm loans and payments as a result of held that race-based actions by the govern-
dress health disparities. discrimination. When these producers did re- ment is within constitutional constraints when
We also include assistance for strug- ceive loans or payments, many of them were it is necessary to further a compelling interest
gling families to help keep their lights not provided timely or proper loan servicing such as the ‘‘unhappy persistence of both the
on, the heat working, and the water options due to discrimination, which led to pro- practice and lingering effects of racial discrimi-
ducers of color losing their land and oper-
dlhill on DSK120RN23PROD with House
running. We included $7.6 billion to ex- nation against minority groups.’’
pand internet connectivity to help stu- ations. A 1995 U.S. Government Accountability Of-
dents and teachers without home inter- Sections 1005 and 1006 of the American fice (GAO) report found that socially disadvan-
net access. Rescue Plan Act provide targeted and tailored taged producers were significantly underrep-
Madam Speaker, the American Res- support for these farmers and ranchers. I note resented on the county and community com-
cue Plan meets the unprecedented for the record that changes made to these mittees of the former Agricultural Stabilization
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H766 CONGRESSIONAL RECORD — HOUSE February 26, 2021
and Conservation Service. Specifically, the re- plaints persisted and that the USDA had not against funding for abortion by saying
port found that while minority producers ac- achieved its goal of preventing future backlogs ‘‘it would protect both the woman and
counted for nearly 5 percent of the producers of discrimination complaints. her unborn child.’’
eligible to vote for committee members, minor- Recent studies and reports continue to doc- Mr. Biden went on to say ‘‘that those
ity producers only represented 2.1 percent of ument the challenges and barriers faced by of us who are opposed to abortion
county committee members in the United farmers of color due to race or ethnic discrimi- should not be compelled to pay for
States. nation or the legacy of such discrimination. A them.’’ I agree. Most Americans agree;
In 1997, the USDA formed a Civil Rights September 20, 2017, study in the Agriculture 58 percent, according to the recent
Action Team to hold nationwide listening ses- and Human Values journal described the chal- Marist poll. Unborn babies, Madam
sions to hear from socially disadvantaged and lenges faced by Latinx farmers due to failure Speaker, need the President of the
minority farmers. A report published after the of agricultural agencies to engage in appro- United States and Members of Congress
listening sessions documented Black, His- priate outreach or account for language bar- to be their friend and advocate, not
panic, Asian-American, and American Indian riers. their adversary.
farmers who told stories of USDA hurting mi- In 2019, a GAO report observed that so- Mr. MCGOVERN. Madam Speaker, I
nority farmers more than helping them. Minor- cially disadvantaged farmers and ranchers had yield 1 minute to the gentleman from
ity farmers described how their discrimination proportionately less agricultural credit than Pennsylvania (Mr. EVANS).
complaints were caught in the backlog of ap- non-socially disadvantaged farmers and ranch- Mr. EVANS. Madam Speaker, I rise
peals or if successfully appealed, were given ers. This report found that farmers and ranch- in support of the American Relief Plan
findings of discrimination that were not en- ers of color continued to face more difficulties desperately needed by Philadelphia
forced. The report acknowledged that discrimi- in obtaining farm loans and highlighted the constituents. This plan extends the
nation in USDA program delivery continued to historic, systemic discrimination against such poverty-busting earned income tax
exist to a large degree unabated. farmers. credits and provides billions for small
Also in 1997, the USDA Office of the In- The Market Facilitation Program and businesses. It expands vaccine access,
spector General (OIG) issued a report to the Coronavirus Food Assistance Program are re- addresses health disparities, and helps
USDA Secretary that noted ‘‘a climate of dis- cent USDA programs designed to bolster the schools open safely. The American peo-
order within the civil rights staff at [the Farm farm economy; in both programs the majority ple are counting on us to crush the
Service Agency].’’ It was difficult for the OIG to of funds went to non-minority farmers. For ex- virus. Let’s do the right thing and pass
even determine the number and status of civil ample, the Environmental Working Group re- this very critical bill.
rights complaints at the agency and depart- ported that nonminority farmers received near- Mr. BURGESS. Madam Speaker, I
ment because of that climate. As the OIG later ly 97 percent of the $9.2 billion provided by yield 4 minutes to the gentleman from
summarized in a 2005 audit, ‘‘it took 12 days the USDA’s Coronavirus Food Assistance Pro- Oklahoma (Mr. COLE), the ranking
longer to complete minority applications, delin- gram. Additionally, the Farm Bill Law Enter- member of the House Committee on
quencies were higher for minority borrowers prise reported that 99 percent of Market Facili- Rules.
than nonminority borrowers, and minority bor- tation Payments went to non-minority farmers. Mr. COLE. Madam Speaker, I thank
rowers were reluctant to enter into FSA offices The systemic discrimination of farmers, my good friend from Texas for yielding.
to apply for loans.’’ ranchers, and other producers of color by the Today, the House is considering a
In 1998, the USDA National Commission on USDA is longstanding and well-documented. I massive budget reconciliation package
Small Farms further described and docu- urge my colleagues to support me and the that the majority claims to be using
mented the longstanding discrimination of Committee on Agriculture as we work to en- for additional coronavirus relief funds.
USDA towards socially disadvantaged pro- able socially disadvantaged producers to suc- Having already passed five bipartisan
ducers. And, it observed that ‘‘discrimination ceed in the agricultural economy. Sections relief packages over the last year, to-
has been a contributing factor in the decline of 1005 and 1006 of the bill before the House taling almost $4 trillion in spending,
Black farmers over the last several decades.’’ today are critical to that work, and I urge my the majority is now seeking to spend
The Commission’s report also notes the ‘‘his- colleagues to support this measure. nearly $2 trillion more.
tory of under-allocation of resources to institu- The SPEAKER pro tempore. Mem- But unlike the past five measures,
tions that have served minority farmers,’’ the bers are reminded to address their re- which were bipartisan deals with both
‘‘disgraceful’’ ‘‘failure to elect minority farmers marks to the Chair. Republican and Democratic support,
to positions on FSA County Committees,’’ and today’s bill is strictly partisan, with
b 2100 only Democratic support and input.
more.
During the period between 1997 and 2000, Mr. BURGESS. Madam Speaker, I And with a glance at the bill, it is easy
Black farmers, Native American farmers, and thank the Chair for that reminder. to see why.
Latinx farmers filed lawsuits alleging USDA Madam Speaker, I yield 1 minute to First, the vast majority of this so-
discriminated against them on the basis of the gentleman from New Jersey (Mr. called rescue package has nothing to
race in processing their farm program applica- SMITH). do with the COVID–19 pandemic. The
tions and that USDA failed to investigate their Mr. SMITH of New Jersey. Madam bill fails to keep a laser focus on pro-
complaints of discrimination. But settlements Speaker, in a radical departure from viding relief for Americans, ensuring
resulting from these lawsuits have not pro- all previous COVID–19 relief laws, the schools are open to educate our chil-
vided the relief necessary for these farmers of bill before us today mandates taxpayer dren, and moving to swiftly reopen the
color to participate fully in the American agri- funding for abortion on demand. economy.
cultural economy. Today, the Rules Committee refused to Instead, the majority has thrown in
For example, the Los Angeles Times re- even allow a pro-life amendment spon- completely unrelated items that just
ported in 2012 that payments made to Black sored by CATHY MCMORRIS RODGERS, so happen to be at the top of their pro-
farmers under the Pigford settlements were VIRGINIA FOXX, and JACKIE WALORSKI, gressive wish list. This includes irre-
significantly eroded by state taxes, as well as cosponsored by 206 Members. sponsible policies like Federal bailouts
tax debt related to forgiven USDA farm loans. Madam Speaker, it is shocking to for certain pension funds, providing
In 2001, a report by the U.S. Commission learn that the methods of abortion in- bloated contributions to State and
on Civil Rights documented the continued dis- clude dismemberment of a child’s frag- local governments, and arbitrarily
criminatory lending practices against minority ile body, including decapitation, and raising the minimum wage, which will
farmers. The Commission found that Black that drugs like RU–486 starve the baby cost well more than a million people to
farmers waited four times longer than white to death. lose their jobs. Incidentally, the same
farmers for USDA farm loans. The Commis- Unborn babies killed by abortion at minimum wage provision is not going
sion recommended that USDA resolve the 20 weeks or later experience excru- to be considered in the Senate and will
backlog of civil rights complaints and docu- ciating suffering and physical pain. have to be stripped from the bill.
dlhill on DSK120RN23PROD with House
ment and alleviate discriminatory lending prac- And until rendered unconscious or dead But perhaps I shouldn’t be surprised
tices. However, USDA continued to struggle by these hideous procedures, the baby by these misguided provisions, given
with resolving its backlog of civil rights com- feels every cut. how completely shut out of this proc-
plaints. In 2008, GAO reported that USDA’s Mr. Biden once wrote constituents, ess Republicans have been. During the
difficulties in resolving discrimination com- explaining that his support for laws markups across nine committees that
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H767
considered this package, Republicans than White Americans. So, this bill in- Ten million Americans are unem-
offered 245 amendments to help fix cludes over $20 billion to assist Native ployed right now. Nearly one in four
these and other problems. people, including their Tribal govern- households have experienced hunger
Republicans offered commonsense ments, health facilities, and education. this year. These are horrible statistics,
amendments to reopen schools, give ad- We need this package to end the Na- but there is good news building on this
ditional resources to the NIH, provide tion’s suffering. Let’s pass this bill, floor right now.
funding to make sure all teachers have save lives, save livelihoods, save com- President Biden promised help is on
the opportunity to receive a COVID munities. the way, and here it comes, the Amer-
vaccine, and many more. Yet, only two Mr. BURGESS. Madam Speaker, I ican Rescue Plan, a real plan to crush
of these amendments were accepted by yield 1 minute to the gentleman from the virus, put money into people’s
the Democrats in committee markups, Arkansas (Mr. WOMACK), a valuable pockets, allow our States and counties
and one of those two amendments is member of our Appropriations Com- and cities to continue to provide the
actually being stripped out of the bill mittee and a subcommittee ranking services that are necessary.
in the manager’s amendment today. member. No wonder up to 80 percent of Ameri-
A $1.9 trillion package that is being Mr. WOMACK. Madam Speaker, I cans want all of us—all of us—to vote
brought to the floor with next to no think a little honesty is in order to- ‘‘yes’’ tonight. Let’s give it to them.
Republican input? Simply astonishing. night. It is no secret that this so-called Mr. BURGESS. Madam Speaker, I
Madam Speaker, it is clear what we American Rescue Plan Act has little to yield 1 minute to the gentleman from
need to do. Our entire Nation is suf- do with the hardships placed on Ameri- Kentucky (Mr. GUTHRIE), the ranking
fering as a result of this pandemic. cans by COVID. member of the Health Subcommittee
Every day, more businesses shutter. When 90 percent of a spending plan, on Energy and Commerce.
Every day, children are falling further rammed through on a sham of a budget Mr. GUTHRIE. Madam Speaker, I
behind. And every day, people fall resolution, gets spent years down the rise today due to my strong concerns
deeper and deeper into despair caused, road, with much of it having little to with the Democrats’ COVID–19 bill.
in part, by isolation. do with the coronavirus, we should at With a very small percentage of this
Instead of proceeding with this pro- least be honest with our constituents. massive package specifically directed
gressive wish list, we need to take real It is apparently Christmas again. at combating COVID–19, the $1.9 tril-
action to open the economy. Above all Here is an example. What does the lion COVID bill is more of a Demo-
else, we need to get children back in multiemployer pension issue have to do cratic wish list.
with the pandemic? Remember the I have tried to add relief for
school.
Prior to the pandemic, children had failed joint select committee that was healthcare providers, with funds spe-
access to in-person staff and services at supposed to solve that problem back in cifically for rural and Medicaid pro-
school. But now, with schools remain- 2018? That was long before COVID. But viders, but Democrats voted this down.
It is amazing how it is okay to have
ing closed, we see the results: more here we are, about to spend $85-plus bil-
the Silicon Valley subway, the Seaway
students falling behind, more students lion on this bailout. That is double the
bridge in New York, and a bailout of
contemplating suicide, more children amount of money we give to the Na-
multiemployer pension plans from
falling into despair. tional Institutes of Health. Look, be-
problems prior to COVID–19, but my
For millions of children, the ground fore we ask future generations to float
amendment to help healthcare pro-
lost during the pandemic may never be us another $2 trillion to pay off these
viders was not included.
recovered. We are failing an entire gen- liberal promises, let’s at least have the I was proud to support the last five
eration of our children, and we need to integrity to admit that this really isn’t COVID–19 relief packages to help Ken-
reverse course and get them back in about COVID. tuckians. I think we can all agree that
school. Mr. MCGOVERN. Madam Speaker, I we need to boost vaccine distribution,
Madam Speaker, there was, and still yield myself such time as I may con- safely return all students back to in-
is, an opportunity to put together a bi- sume. Let me just remind my col- person learning, and help people return
partisan relief package. There is still leagues that 70 percent of the Amer- to work. Much of the funds in this par-
time to focus on policies that will re- ican people support this bill. Repub- tisan bill will not be used until next
open the economy and make sure kids lican governors and Republican mayors year or later.
can learn in person, but we cannot do from all across the country support Madam Speaker, I urge my col-
it if the majority insists on this bloat- this bill. The only place where it isn’t leagues to oppose this bill.
ed package with so many unrelated bipartisan is here in the Congress. Mr. MCGOVERN. Madam Speaker, I
policies. Republicans say, oh, the people can’t yield 1 minute to the gentleman from
So long as the majority insists that be trusted to know what is in the bill. Illinois (Mr. SCHNEIDER).
it is their way or the highway, true The fact of the matter is, people sup- Mr. SCHNEIDER. Madam Speaker, I
help for the American people cannot be port this because they support more rise today to implore that my col-
achieved. Madam Speaker, I urge my money for vaccinations; more money in leagues pass this urgently needed
colleagues to reject this rule and the terms of direct payments to individuals COVID relief for millions of struggling
underlying legislation. and enhanced unemployment benefits; Americans.
Mr. MCGOVERN. Madam Speaker, I and more money for our cities and Across the country, families and
yield 1 minute to the gentlewoman towns, our first responders, our police friends have had to say good-bye to
from New Mexico (Ms. LEGER and our fire departments, and so many more than 500,000 loved ones, too often
FERNANDEZ). other things. knowing that they have died alone.
Ms. LEGER FERNANDEZ. Madam I know my Republican friends have In our communities, large and small,
Speaker, this pandemic’s tentacles developed this habit of trying to over- more than 18 million Americans are re-
have infiltrated every facet of our com- turn the will of the American people. ceiving unemployment benefits as
munities’ lives. The brilliance of this Well, enough. The American people their only lifeline. Millions of small
rescue package is that it understands want this, and we are going to deliver businesses are on the brink of perma-
those complexities and addresses those it for them. nent closure. Schools are struggling to
many needs. Madam Speaker, I yield 1 minute to reopen.
For example, since the pandemic the gentlewoman from Illinois (Ms. Meanwhile, the miraculous vaccines
began, we have seen increased reports SCHAKOWSKY). offer a light, but it is still at the end of
of abuse of women and children, so this Ms. SCHAKOWSKY. Madam Speaker, a long and steep tunnel.
bill helps fund shelters and refuge. over half a million Americans have President Biden’s American Rescue
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The country has also seen the heart- been killed by a merciless virus. That Plan will get people back to work, help
breaking devastation in Tribal commu- is about the population of New Haven, parents safely send their children back
nities. Native Americans are four times Connecticut. Now, also picture wiping to school, assist our families in paying
more likely to be hospitalized and out Grand Rapids, Michigan; Toledo, their bills and our small businesses in
twice as likely to die from COVID–19 Ohio; or McAllen, Texas. building their future.
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H768 CONGRESSIONAL RECORD — HOUSE February 26, 2021
This bill helps people and businesses vent domestic and gender-based vio- Mr. BURGESS. Madam speaker, I
in every community in Illinois and in lence, and protect older Americans dur- yield 1 minute to the gentlewoman
every State in America. That is why it ing this pandemic, you must vote for from Iowa (Mrs. HINSON).
has such bipartisan support across the this bill. Mrs. HINSON. Madam Speaker, I rise
country. It deserves the same support The American people need to know in opposition to the rule.
here in Congress. that help is on the way. I urge my col- It has been nearly a year now since
To truly heal our economy and our leagues to support the bill. the COVID–19 pandemic reached our
Nation, we must pass the American Mr. BURGESS. Madam Speaker, I am shores, and Iowans are still struggling.
Rescue Plan. Madam Speaker, I urge pleased to yield 1 minute to the gentle- Iowans need targeted pandemic relief.
my colleagues to vote ‘‘yes.’’ woman from New York (Ms. I would have been the first to cross
Mr. BURGESS. Madam Speaker, I MALLIOTAKIS). the aisle and compromise on legisla-
yield 1 minute to the gentleman from Ms. MALLIOTAKIS. Madam Speaker, tion that would help Iowans and Amer-
Minnesota (Mr. STAUBER). this bill is not tailored to the specific icans who are in need, but this behe-
Mr. STAUBER. Madam Speaker, I am needs of our Nation or its citizens. I moth of a bill fails to provide targeted
disappointed because we are again on support helping the unemployed, strug- relief that my constituents asked for.
the floor in a closed rule, where zero gling businesses, and returning money It forces taxpayers to bail out States
Republican amendments were made in to taxpayers, but you give $1,400 with that have chronically mismanaged
order because, again, we are here vot- one hand and it costs $15,000 per Amer- their budgets. It includes a $15 min-
ing on a package that has hundreds of ican household to pay for it. imum wage hike, which would deci-
billions of dollars in non-COVID-re- Congress thinks it knows how to mate the rural economy in Iowa and
lated spending. spend hardworking taxpayers’ money destroy the very livelihoods this bill
Again, I am down here on the floor, better than they do, all while our Na- claims to be saving. It opens the door
disappointed that the majority dis- tion approaches $30 trillion in debt and for taxpayer funding for abortions.
allowed my amendments. $1 trillion from previous relief remains With $1 trillion from previous relief
One of my amendments would have unspent. packages still unspent, this legislation
reported on the impact the Biden job- Right now, vaccine production and contains no guardrails to ensure new
killing Keystone XL order would have distribution is a top priority, yet less money is used on pandemic relief this
on small businesses. than 1 percent of these funds go to it, year. This legislation abdicates our re-
My other amendment, which was de- showing how bloated this bill is. It sponsibility to those who need our sup-
nied, prevented taxpayer dollars from spends billions on unrelated projects, port and to taxpayers. Voting for this
funding child slave labor. No, you did from a San Francisco rail line to fam- rule is a slap in the face to taxpayers,
not hear that wrong. In fact, this is the ily planning; and a whopping $3.5 bil- and I urge a ‘‘no’’ vote on this rule.
fifth time the Democrats have blocked lion for The Global Fund, forcing Mr. MCGOVERN. Madam Speaker, I
this type of amendment from me. What American taxpayers to pick up 88 per- yield 1 minute to the gentlewoman
is the issue with being anti-child slave cent of this international fund’s ex- from California (Ms. WATERS), the dis-
labor? penditures, all while our diplomats tinguished chair of the Committee on
Like I said, I am not sure how this is can’t even get the vaccine. Financial Services.
controversial, but when faced with the My amendment would have required Ms. WATERS. Madam Speaker, I am
binary decision to source these min- States receiving billions to commit to so grateful that we have President
erals from human rights abusers in Af- not raising taxes on their citizens. The Biden’s leadership in the White House
rica and China or source them from CDC said it would cost $25 billion to re- to tackle the ongoing pandemic. H.R.
Minnesota under the best labor stand- open America’s schools safely. Only in 1319, the American Rescue Plan Act of
ards and the best environmental stand- this mismanaged government would 2021, carries out this plan and delivers
ards in the world, I will take made in things end up costing eight times more the relief that communities across this
America 150 percent of the time. than originally estimated. This is an country need so very much.
I join my constituents’ disappoint- epic fail. Critically, the bill provides more
ment in this process. This is very con- Mr. MCGOVERN. Madam Speaker, I than $75 billion for programs in my
cerning. yield 1 minute to the gentlewoman committee’s jurisdiction, including $20
from New York (Ms. VELÁZQUEZ), the billion for emergency rental assist-
b 2115 distinguished chair of the Committee ance, $5 billion for 70,000 new housing
Mr. MCGOVERN. Madam Speaker, I on Small Business. vouchers, $10 billion in homeowner as-
yield 1 minute to the distinguished Ms. VELÁZQUEZ. Madam Speaker, sistance, $10 billion to boost emergency
gentleman from Virginia (Mr. SCOTT), half a million lives lost, over 400,000 medical equipment production, $10 bil-
the chair of the Committee on Edu- small businesses closed for good, 700,000 lion for small businesses, and $15 bil-
cation and Labor. new unemployment claims filed last lion for airline workers.
Mr. SCOTT of Virginia. Madam week, 54 million are food insecure. This I am so pleased that we are increas-
Speaker, I rise in support of the legis- is a crisis the scope of which none of us ing the stimulus payments from $600 to
lation because there are many reasons have seen in our lifetimes in this coun- $2,000 for each of our constituents. I am
to vote for the American Rescue Plan. try. a happy camper tonight. This is what
If you want to ensure that schools The Federal Government has a re- America needs.
can reopen safely and make up for lost sponsibility to show up for the Amer- Republicans ought to be a part of
time in the classroom, vote for the bill. ican people, and that is exactly what this; but if they are not, then we are
If you want to provide relief for insti- President Joe Biden is doing, to assure going without them.
tutions of higher education and their them that their struggles aren’t theirs With hunger growing and millions
students, vote for the bill. alone, that this relief is coming, and out of work and at risk of eviction or
If you want to save our childcare sys- we will get through this together. foreclosure, America needs this bill
tem from collapse, vote for the bill. As chairwoman of the House Small passed into law. Vote ‘‘yes’’ on this
If you want to protect workers Business Committee, I am proud this bill.
against the virus and increase their bill includes $50 billion to get our small Mr. BURGESS. Madam Speaker, I
wages, vote for this bill. businesses back on their feet. We are yield 1 minute to the gentlewoman
If you want to maintain access to af- providing targeted assistance for those from Arizona (Mrs. LESKO), a valuable
fordable healthcare for workers who hardest hit, including grants for small member of the Energy and Commerce
have lost their jobs, vote for the bill. entertainment businesses, cultural in-
dlhill on DSK120RN23PROD with House
Committee.
If you want to prevent more than a stitutions, and independent res- Mrs. LESKO. Madam Speaker, I rise
million retirees from losing their hard- taurants, plus an additional $15 billion in opposition to the rule.
earned pensions, vote for this bill. for EIDL advances, and more for PPP. Only 9 percent of the underlying bill
Finally, if you want to keep children Let’s pass this rule and let’s move for- goes to combating COVID–19 through
and families from going hungry, pre- ward. public health spending. The other 91
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H769
percent is a partisan wish list being now. This American Rescue Plan Act Mr. BEYER. Madam Speaker, we
pushed by my colleagues on the other will crush the virus, return children have a choice tonight. Our American
side of the aisle. Union pensions, blue safely to school, support vaccinations, children are hungry, the recovery is
State bailouts, Planned Parenthood, put dollars in families’ pockets, and stalling, and a million new people file
and even a bridge and a tunnel. That is put people back to work. The plan will for unemployment every week.
what most of this bill is about, not mount a national vaccination program We can do our jobs, pass a national
COVID–19 relief. that sets up community vaccination vaccination plan, safely reopen our
We need targeted, tailored relief that sites nationwide. schools, send relief checks to those in
actually helps the American people, In the Virgin Islands, the loss of need, support the unemployed, and pro-
not this $2 trillion boondoggle. cruise ships, along with air travel tour- tect American jobs. Or we can let them
Madam Speaker, I urge my col- ists, have cut the heart of our econ- fend for themselves and slowly scratch
leagues to oppose the rule and the un- omy, causing loss of jobs, closure of their way back to health at great
derlying bill. businesses, and lost revenues for gov- human cost.
Mr. MCGOVERN. Madam Speaker, I ernment operations. I choose relief, recovery, and
yield 1 minute to the gentleman from Additionally, we have yet to under- progress.
New York (Mr. SUOZZI). stand the long-term impact the pan- Madam Speaker, my first job: In 1966,
Mr. SUOZZI. Madam Speaker, this demic will have on our children. In the $1.25 an hour, minimum wage.
pandemic has been cruelly uneven. Virgin Islands and Puerto Rico, our Sixteen times this Congress has cho-
Some people remain unscathed. Wall children are already overwhelmed and sen to increase the minimum wage, and
Street is booming, online retailers are severely compromised due to facilities every time there was a CBO score or a
surging, some work remotely with and the school year loss that they had chamber of commerce or a conserv-
their incomes intact, and some fami- from the 2017 hurricanes. ative economist who talked about the
lies remain healthy. Yet 17 percent of Lastly, I am proud to note provisions shrinkage of low-wage jobs. But if we
Americans go to food banks every in this bill for the U.S. territories that were persuaded by this job-loss mirage,
week. One in six people can’t pay their I have been fighting for. This plan cre- we would never raise the minimum
rent. Some people are enduring a long ates equality in the child tax credit wage. And I refuse to believe that this
winter in sub-zero temperatures, un- and earned income tax credit. is American exceptionalism.
able to pay their heating bill. Twenty- Madam Speaker, I urge my col-
five percent of the people who make b 2130
leagues to please support this bill.
under $40,000 a year are now unem- The SPEAKER pro tempore. The Mr. BURGESS. Madam Speaker, I
ployed. State and local governments time of the gentlewoman has expired. yield 1 minute to the gentleman from
crippled, businesses and restaurants Ms. PLASKETT. And for my col- Lubbock, Texas (Mr. ARRINGTON).
closed. Worst of all, we all know people leagues on the other side who have to Mr. ARRINGTON. Madam Speaker,
who have gotten sick and died. give divisive platitudes and non- there is an old country saying: You can
This legislation is not a blue State support, you are welcome. put all the perfume and lipstick you
bailout or liberal handout, it is how we The SPEAKER pro tempore. Mem- want on a pig, and it is still pork, and
address the suffering that has crippled bers are reminded to heed the gavel. it still stinks.
our country, it is how we move forward Mr. BURGESS. Madam Speaker, I H.R. 1319 is filled to the brim with
and beat this pandemic. yield 1 minute to the gentleman from bad policies and partisan priorities
We have this great and awesome re- Virginia (Mr. CLINE). that is disguised as ‘‘COVID relief.’’
sponsibility, this great and awesome Mr. CLINE. Madam Speaker, we all This bill: Pays people more to be on
honor to try to help people facing some want to beat this virus, but you can’t unemployment than to go to work.
of the most desperate times they have beat a COVID pandemic with 91 percent Slaps small businesses with job-kill-
ever faced. Let’s pass this comprehen- pork barrel spending in the bill. Only 9 ing wage mandates.
sive plan. Let’s move our country for- percent of the funding in this bill is Gives a $350 billion windfall to States
ward, and let’s do it together. going to COVID programs. who were mismanaged and broke before
Mr. BURGESS. Madam Speaker, I $1,400 checks at what cost? $13,000 per COVID.
yield 1 minute to the gentleman from taxpayer? Hands a blank check to union bosses
Florida (Mr. C. SCOTT FRANKLIN). If we have any additional relief we and greedy corporate executives who
Mr. C. SCOTT FRANKLIN of Florida. need to pass for addressing COVID, it ran their pensions into the ground and
Madam Speaker, I rise in strong oppo- must be targeted, temporary, and tied stuck taxpayers with the tab.
sition to the rule and to H.R. 1319. to the pandemic. It rewards temper tantrums from
We do need targeted relief for those What is not targeted? teacher unions by doling out billions of
hurt by this pandemic, but this is bad $350 billion in State and local bail- dollars to schools who refuse to open
legislation. Republicans introduced outs that reward States that continue their doors to their students.
over 250 amendments to this nearly $2 to shut down their economies. This bill is chock full of bad policies,
trillion bill, and Democrats only ulti- What is not temporary? barriers to recovery, and bailouts ga-
mately accepted one. That is not unity. A $1.5 million bridge to Canada or lore.
This is merely socialism in sheep’s $112 million for an underground subway Madam Speaker, let’s open the coun-
clothing, redistribution of wealth to Silicon Valley. try up, get our kids back into the
through cash payouts to many who What is not tied to COVID? classroom, and get America back to
have had no financial impact whatso- $86 billion to bail out the multiem- work.
ever from COVID. It is also redistribu- ployer pension plans that were poorly Mr. MCGOVERN. Madam Speaker, I
tion of wealth from future generations managed in Democrat-run States be- yield 1 minute to the gentlewoman
who will be stuck with the tab. fore the pandemic even started, $50 from Texas (Ms. JOHNSON), the distin-
The CBO predicts our economy will million in taxpayer dollars for abortion guished chair of the Committee on
grow by 3.7 percent this year without on demand. Science, Space and Technology.
any further congressional action. With This liberal wish list masquerading Ms. JOHNSON of Texas. Madam
over $1 trillion in unspent funds from as COVID relief will cripple our econ- Speaker, I rise in strong support of the
previous packages, we can’t afford to omy, harm our ability to reopen our American Rescue Plan Act of 2021 and
jeopardize our children’s future with Nation, and burden our children and in strong support of this rule.
this socialist spending spree. I urge a grandchildren with unsustainable lev- Madam Speaker, when the COVID–19
‘‘no’’ vote. els of debt. pandemic hit our shores a year ago, re-
searchers across the Nation and across
dlhill on DSK120RN23PROD with House
Mr. MCGOVERN. Madam Speaker, I Madam Speaker, I strongly oppose
yield 1 minute to the gentlewoman this spending package, and I urge my many fields of science and engineering
from the U.S. Virgin Islands (Ms. colleagues to do the same. jumped into action. The Nation’s
PLASKETT). Mr. MCGOVERN. Madam Speaker, I STEM talent redirected brainpower
Ms. PLASKETT. Madam Speaker, yield 1 minute to the gentleman from and resources to combatting the pan-
the time for bold and decisive action is Virginia (Mr. BEYER). demic. And thanks in large part to
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H770 CONGRESSIONAL RECORD — HOUSE February 26, 2021
these efforts, we now have some posi- policies that will hurt job creation, and food, clean water, basic medical care.
tive news about our fight against in the words of Larry Summers—who is Additionally, it provides COVID-re-
COVID. no Republican—is a ‘‘step into the un- lated relief for vulnerable refugees who
However, important scientific work known.’’ are already vulnerable.
remains to be done in this effort. The Madam Speaker, what the American Madam Speaker, this provision would
Committee on Science, Space, and people need is for us to put partisan- also provide flexible funding for eco-
Technology’s provisions included in ship aside and identify targeted fund- nomic support to help ensure that even
this package direct funding through ing prior to spending $2 trillion of tax- more need isn’t created as a result of
the National Science Foundation and payer dollars only weeks after this the economic impacts of COVID, which
the National Institute of Standards body enacted another nearly $1 trillion, are already severe.
and Technology for vital research re- much of which has yet to be spent. Mr. BURGESS. Madam Speaker, may
lated to prevention, response, and re- Madam Speaker, this is why the I inquire as to how much time is re-
covery from COVID–19. Problem Solvers Caucus came together maining.
Madam Speaker, I thank my col- earlier this year to identify, in a bipar- The SPEAKER pro tempore. The gen-
leagues across the House for their work tisan way, the still outstanding fund- tleman from Texas has 5 minutes re-
on this important rescue package, and ing that is needed to defeat the virus. maining. The gentleman from Massa-
I urge its adoption. The bipartisan agreement is the basis chusetts has 8 minutes remaining.
Mr. BURGESS. Madam Speaker, I for the legislation we will bring up if Mr. BURGESS. Madam Speaker, I re-
yield myself such time as I may con- we defeat the previous question here serve the balance of my time.
sume. before us. Mr. MCGOVERN. Madam Speaker, I
Madam Speaker, if we defeat the pre- My friend TOM REED’s bill, the Crush yield 1 minute to the gentleman from
vious question, Republicans will amend the Virus Act, will provide more than California (Mr. GOMEZ).
the rule to strike the consideration of $160 billion in targeted aid, including: Mr. GOMEZ. Madam Speaker, we
the Pelosi payoff bill, and instead, con- $11.5 billion for manufacturing and pro- don’t have any time to waste. By the
sider H.R. 1371, the Crush the Virus duction of vaccines; $35 billion for the time I am done with this 1-minute
Act, introduced by Representative TOM Provider Relief Fund; and $5 billion for speech, roughly 10 people in L.A. Coun-
REED, which is attached, and will pro- the use of the Defense Production Act. ty, home to my district, will have test-
vide over $160 billion to expand the ad- This proposal will speed up vaccine ed positive for COVID–19. And in an-
ministration of vaccines and provide distribution and administration in a other 5 minutes, someone in my county
direct relief for the coronavirus. timely manner and supports our brave will die of COVID–19.
Madam Speaker, I ask unanimous frontline healthcare workers. And while I am sure our healthcare
consent to insert the text of the I thank Mr. REED for his leadership heroes and frontline workers appre-
amendment in the record along with as co-chair of the Problem Solvers Cau- ciate our thanks, words alone are not
extraneous material immediately prior cus and for pushing this proposal. enough.
to the vote on the previous question. Madam Speaker, let me make a final Our gratitude needs to be expressed
The SPEAKER pro tempore. Is there point and a broader appeal to my col- with funding and resources. Our appre-
objection to the request of the gen- leagues on the other side of the aisle. ciation needs to be in the form of bene-
tleman from Texas? The American people sent to Wash- fits and assistance.
There was no objection. Our Black and Brown communities,
Mr. BURGESS. Madam Speaker, I ington the slimmest House majority in
quite some time and an evenly split those being disproportionately im-
yield 3 minutes to the gentleman from
Senate. The message they sent was pacted by this pandemic, aren’t going
Ohio (Mr. GONZALEZ), who is here to ex-
clear: It was not that you have some to get through this crisis with plati-
plain the amendment.
Mr. GONZALEZ of Ohio. Madam broad mandate to jam down a bunch of tudes. They need action. They need ac-
Speaker, I thank Mr. BURGESS for his progressive policies, it was that they cess to vaccines, money in their pock-
leadership. want us to actually work together, to ets to pay their bills, help getting their
Madam Speaker, if we defeat the pre- come together and solve the problems kids back in the classrooms, and sup-
vious question, we will call up H.R. in a bipartisan way. I think the mes- port putting food on their tables.
1371, the Crush the Virus Act of 2021, sage was clear. And the more the ma- Madam Speaker, that is why I am
introduced by my good friend, Mr. TOM jority ignores it, the shorter their ma- going to vote to pass the American
REED. jority will be. Rescue Plan, and I encourage my col-
This is legislation that is based off of Mr. MCGOVERN. Madam Speaker, I leagues to do the same.
the Problem Solvers Caucus-endorsed yield 1 minute to the gentleman from This is our chance to stop the spread
framework for additional funding in New York (Mr. MEEKS), the distin- of this virus, rebuild our economy, and
order to defeat the virus by making guished chair of the Committee on For- give every American, regardless of
further investments into testing, vac- eign Affairs. their background or ZIP Code, the op-
cine distribution, PPE, and utilizing Mr. MEEKS. Madam Speaker, as portunity to turn the page on this dark
the Defense Production Act. chair of the House Committee on For- chapter of our country’s history and
In other words, this is a targeted so- eign Affairs, I speak in strong support come out stronger in the end.
lution that can garner bipartisan sup- of the international provisions of the Mr. BURGESS. Madam Speaker, I re-
port—unlike what we are doing today— American Rescue package. With a total serve the balance of my time.
and show the American people that we of $10 billion, this is a relatively small Mr. MCGOVERN. Madam Speaker, I
are committed to working together to yet critical investment in fighting yield 1 minute to the gentleman from
defeat the virus. COVID and its effects around the California (Mr. PANETTA).
To date, while Congress may have world. Mr. PANETTA. Madam Speaker,
struggled at times to deliver timely re- Pandemics do not respect inter- after one long year of this pandemic,
sults, we have come together each time national borders. To control this pan- many of my constituents are anxious.
to pass needed legislation to help small demic, we need to mitigate its global And, yeah, they are angry. Their
businesses, hospitals, and Americans spread. This provision puts global health has been harmed, their busi-
impacted by the virus. This is the way health front and center, supporting ef- nesses have been shut down, and they
Congress is supposed to work. But in- forts to relieve overburdened health are absolutely frustrated waiting for
stead, House Democrats have embarked systems and medical workers and help their vaccines. They are not happy
upon a purely partisan approach, push- governments develop and distribute with our ex-President’s response, and
vaccines. they are not pleased with the local re-
dlhill on DSK120RN23PROD with House
ing aside Republican lawmakers, like
myself, who actually want to find com- To address the humanitarian crises sponse. That is why now, more than
mon ground. that have been exacerbated by this ever, we in Congress need to continue
And for what? pandemic, this provision will provide our response to COVID–19.
A nearly $2 trillion bill that is not funding for the most immediate life- Madam Speaker, in the past year, we
targeted for the coronavirus, includes saving assistance, including shelter, passed five bipartisan bills that kept
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H771
the economy afloat and the poverty CAROLYN B. MALONEY), the distin- lican friends try to nickel-and-dime
rate flat. That is why on this night guished chair of the Committee on our response, they should talk to an
with this pandemic raging this year we Oversight and Reform. economist. If they did, they would dis-
must support this rule, which will put Mrs. CAROLYN B. MALONEY of New cover what will happen if we don’t pass
shots in arms, checks in pockets, kids York. Madam Speaker, I rise in strong this package now.
in schools, food on tables, strike teams support of this bill and of the 1.4 mil- We could end up with 4 million fewer
in nursing homes, keep police and fire- lion first responders, teachers, transit jobs this year. That is according to
fighters on our street, keep pensions workers, sanitation workers, and other Moody’s.
secure, and provide vaccines for essen- public servants already laid off from It will take another 4 years of suf-
tial workers, including my farm- State and local governments across fering before the GDP returns to its
workers on the Central Coast of Cali- this Nation. We must act before more prepandemic levels. That is according
fornia, so that they can do their job for people lose their jobs, and before more to the nonpartisan CBO.
their families and for our food security. lifesaving programs are cut. Treasury Secretary Janet Yellen
Madam Speaker, let’s do our job to- Madam Speaker, the State and local said: ‘‘The smartest thing we can do is
night for our constituents and for this funding included in this package will to act big. In the long run, the benefits
country and pass the American Rescue provide many local governments dedi- will far outweigh the costs.’’
Act. cated support for the first time since Mark Zandi, former adviser to John
Mr. BURGESS. Madam Speaker, I this pandemic struck. It can be used to McCain, said: ‘‘You don’t need a text-
yield myself 2 minutes. administer vaccines, increase testing, book to know this is when you push on
Madam Speaker, I recognize the crit- and save countless jobs by replacing the fiscal accelerator.’’
ical work that was done by the Con- lost revenue. Now, let’s be clear what we cannot
gressional Doctors Caucus on this ef- For New York City, which last month afford. We cannot afford more delay
fort. The thesis was that we are going projected a $10.5 billion loss in ex- tactics, another lapse in unemploy-
to crush the coronavirus. pected tax revenue, this money would ment assistance, or another moment of
You think that you would want to in- mean it can continue to provide vac- inaction. This plan is what our econ-
volve the people who left the world of cines and food assistance and reopen omy needs, and it is what America
healthcare providing to come and serve schools safely. Hundreds of local offi- needs, bold, urgent action.
in the people’s House. cials told us the relief in this bill will So, let’s pass this rule and the under-
Unfortunately, those amendments lying legislation, and let’s let the Sen-
mean recovery instead of recession and
that were thoughtfully introduced were ate do its job and send this bill to the
cannot come fast enough. Taken to-
rejected at the Committee on Rules. President’s desk without delay. This
We had amendments, such as allow- gether, this could be the light this—
The SPEAKER pro tempore. The time historic crisis deserves a historic re-
ing the FDA to use real-world evidence sponse. The American people are
in their evaluation of the emergency of the gentlewoman has expired.
The Chair would again remind all counting on us.
use authorization that is currently Listening to the Republicans debate
pending. Members to heed the gavel.
on the floor and in the Rules Com-
We were going to reduce the Med- Mr. BURGESS. Madam Speaker, I am
mittee has been a disappointing experi-
icaid payment error rate, which seemed prepared to close, and I yield myself
ence. Barely, barely a word of empathy
like a good idea. the balance of my time.
or compassion for those who are suf-
Medicaid home- and community- Madam Speaker, in closing, it doesn’t
fering or for those who are struggling.
based services, substance use disorder look like this bill is going to open our
What we have heard are delay tac-
treatment, and mental health services economy. It is not going to open our
tics. What we have heard are distor-
were to be expanded. schools. It is not going to provide tar-
tions. What we have heard is divisive
The public health workforce allowing geted relief to those who need it most.
talk.
for loan repayment was rejected. I am willing to talk about nutritional My friends talk about bailouts. This
An amendment providing for assistance, but what I am not willing is not a bailout. It is a rescue package.
coronavirus testing at the southern to talk about is a gilded underground My friends are out of touch with the
border—we know we have got a prob- railway under Silicon Valley. American people.
lem with increased people coming Madam Speaker, this is one of the People are struggling. People right
across the southern border without au- most expensive bills in the history of now are trying to figure out how they
thorization. President Biden has indi- the people’s House. And it doesn’t are going to put food on the table to
cated that he is welcoming that, but as prioritize the immediate needs of the feed their families. Here on the House
a consequence, we need to be certain American people. Rather than work for floor, what we hear is indifference,
that we are protecting Americans from the American people, Democrats are what we hear is distraction.
the introduction of the coronavirus. working for their own future 2 years The good news is this. We are going
This was a measure to allow for in- from now. I think that is unacceptable. to pass this bill today. This is a big
creased testing on the southern border, Look, I recognize that President deal. We are going to send it over to
but we couldn’t accept that. Biden has worked hard to make vac- the United States Senate, and we have
Hyde protections, you have heard cines more available, but the very vac- a Senate that is not going to put this
many people talk about that. That was cines he’s making available are the in the trash can. It is going to debate
rejected at the Committee on Rules, ones that President Trump worked so it and vote on it, and then we are going
with a variety of amendments. hard to get developed and into produc- to send it to the President.
Dr. Miller-Meeks had an amendment tion. The good news to the American peo-
to allow for the standardized testing to b 2145 ple is: Help is on the way. We promised
go on in classrooms this next year, not you that we would step up to the plate
using it to reduce payments to schools Let’s acknowledge success where it
and that we would respond appro-
that don’t measure up but using it as a has occurred. I am going to urge a
priately to this crisis, and that is what
diagnostic test. Let’s find out how far ‘‘no’’ vote on the previous question so
we are going to do.
behind some of our classrooms are. we can offer the amendment. I am Madam Speaker, I urge all of my col-
All of these were thoughtful amend- going to urge a ‘‘no’’ vote on the rule, leagues, Democrats and Republicans,
ments introduced by the GOP Doctors a ‘‘no’’ vote on the underlying meas- to support this rule and to support this
Caucus. Unfortunately, all were re- ures. package.
jected. You would think if you wanted Madam Speaker, I yield back the bal- The material previously referred to
ance of my time.
dlhill on DSK120RN23PROD with House
to crush the coronavirus, you would by Mr. BURGESS is as follows:
ask your doctor. Mr. MCGOVERN. Madam Speaker, we AMENDMENT TO HOUSE RESOLUTION 166
Madam Speaker, I reserve the bal- are in the midst of a pandemic, the Strike all after the resolving clause and in-
ance of my time. likes of which we haven’t seen in 100 sert the following:
Mr. MCGOVERN. I yield 1 minute to years. It is catastrophic in every way SEC. 1. That immediately upon adoption of
the gentlewoman from New York (Mrs. imaginable. To hear some of my Repub- this resolution, the House shall resolve into
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H772 CONGRESSIONAL RECORD — HOUSE February 26, 2021
the Committee of the Whole House on the Lamb Neguse Sewell Steel Timmons Weber (TX)
state of the Union for consideration of the Langevin Newman Sherman Stefanik Turner Webster (FL)
bill (H.R. 1371) making supplemental appro- Larsen (WA) Norcross Sherrill Steil Upton Wenstrup
Larson (CT) O’Halleran Sires Steube Valadao Westerman
priations for the fiscal year ending Sep- Lawrence Ocasio-Cortez Slotkin Stewart Van Drew Williams (TX)
tember 30, 2021, providing coronavirus emer- Lawson (FL) Omar Smith (WA) Stivers Van Duyne Wilson (SC)
gency response and relief, and for other pur- Lee (CA) Pallone Soto Taylor Wagner Wittman
poses. The first reading of the bill shall be Lee (NV) Panetta Spanberger Tenney Walberg Womack
dispensed with. All points of order against Leger Fernandez Pappas Speier Thompson (PA) Walorski Young
consideration of the bill are waived. General Levin (CA) Pascrell Stanton Tiffany Waltz Zeldin
debate shall be confined to the bill and shall Levin (MI) Payne Stevens
Lieu Perlmutter Strickland NOT VOTING—9
not exceed one hour equally divided and con- Lofgren Peters Suozzi Bilirakis Fulcher McClain
trolled by the chair and ranking minority Lowenthal Phillips Takano Bost Gallego Rogers (KY)
member of the Committee on Appropria- Luria Pingree Thompson (CA) Buck Horsford Swalwell
tions. After general debate the bill shall be Lynch Pocan Thompson (MS)
considered for amendment under the five- Malinowski Porter Titus PARLIAMENTARY INQUIRIES
minute rule. All points of order against pro- Maloney, Pressley Tlaib Mr. ROY (during the vote). Madam
visions in the bill are waived. When the com- Carolyn B. Price (NC) Tonko
Maloney, Sean Quigley Torres (CA)
Speaker, I have a parliamentary in-
mittee rises and reports the bill back to the Manning Raskin Torres (NY) quiry.
House with a recommendation that the bill Matsui Rice (NY) Trahan The SPEAKER pro tempore. The gen-
do pass, the previous question shall be con- McBath Ross Trone tleman will state his parliamentary in-
sidered as ordered on the bill and amend- McCollum Roybal-Allard Underwood
ments thereto to final passage without inter- McEachin Ruiz Vargas quiry.
vening motion except one motion to recom- McGovern Ruppersberger Veasey Mr. ROY. Does the rule regarding
mit. If the Committee of the Whole rises and McNerney Rush Vela proxy voting require a form be sub-
Meeks Ryan Velázquez
reports that it has come to no resolution on Meng Sánchez Wasserman
mitted and signed by Members of this
the bill, then on the next legislative day the Mfume Sarbanes Schultz body that they have a pandemic- or
House shall, immediately after the third Moore (WI) Scanlon Waters COVID-related reason for being unable
daily order of business under clause 1 of rule Morelle Schakowsky Watson Coleman to be physically present?
XIV, resolve into the Committee of the Moulton Schiff Welch
Mrvan Schneider Wexton The SPEAKER pro tempore. The
Whole for further consideration of the bill.
SEC. 2. Clause 1(c) of rule XIX shall not Murphy (FL) Schrader Wild Chair would advise the gentleman that
Nadler Schrier Williams (GA) regulation A of the proxy voting regu-
apply to the consideration of H.R. 1371. Napolitano Scott (VA) Wilson (FL)
lations issued pursuant to section 3(s)
Mr. MCGOVERN. Madam Speaker, I Neal Scott, David Yarmuth
of House Resolution 8 requires any let-
yield back the balance of my time, and
NAYS—205 ter authorizing proxy voting to contain
I move the previous question on the
Aderholt Franklin, C. Long an affirmative statement that because
resolution.
Allen Scott Loudermilk of the public health emergency the
The SPEAKER pro tempore. The Amodei Gaetz Lucas Member is unable to physically attend
question is on ordering the previous Armstrong Gallagher Luetkemeyer
proceedings in the House Chamber.
question. Arrington Garbarino Mace
Babin Garcia (CA) Malliotakis Mr. ROY. Madam Speaker, I have a
The question was taken; and the Bacon Gibbs Mann parliamentary inquiry.
Speaker pro tempore announced that Baird Gimenez Massie The SPEAKER pro tempore. The gen-
the ayes appeared to have it. Balderson Gohmert Mast
Banks Gonzales, Tony McCarthy tleman will state his parliamentary in-
Mr. BURGESS. Madam Speaker, on Gonzalez (OH) McCaul quiry.
Barr
that I demand the yeas and nays. Bentz Good (VA) McClintock Mr. ROY. Would the Chair consider it
The SPEAKER pro tempore. Pursu- Bergman Gooden (TX) McHenry
a violation of the rule for a Member to
Gosar McKinley
ant to section 3(s) of House Resolution Bice (OK)
Granger Meijer be present physically here in the
8, the yeas and nays are ordered. Biggs
Bishop (NC) Graves (LA) Meuser Chamber and on the same day vote by
The vote was taken by electronic de- Boebert Graves (MO) Miller (IL) proxy having submitted said letter?
vice, and there were—yeas 217, nays Green (TN) Miller (WV)
Brady The SPEAKER pro tempore. The
Greene (GA) Miller-Meeks
205, not voting 9, as follows: Brooks
Griffith Moolenaar Chair does not look behind a Member’s
Buchanan
[Roll No. 46] Bucshon
Grothman Mooney submission of a letter under section
Guest Moore (AL)
YEAS—217 Budd
Guthrie Moore (UT)
3(s) of House Resolution 8.
Burchett Mr. ROY. Madam Speaker, I have a
Adams Clyburn Garcia (TX) Hagedorn Mullin
Burgess
Aguilar Cohen Golden
Calvert
Harris Murphy (NC) parliamentary inquiry.
Allred Connolly Gomez Harshbarger Nehls
Cammack
Hartzler
The SPEAKER pro tempore. The gen-
Auchincloss Cooper Gonzalez, Newhouse
Axne Correa Vicente
Carl
Hern Norman tleman will state his parliamentary in-
Carter (GA)
Barragán Costa Gottheimer Herrell Nunes quiry.
Bass Courtney Green, Al (TX) Carter (TX) Herrera Beutler Obernolte
Cawthorn Mr. ROY. Madam Speaker, does the
Beatty Craig Grijalva Hice (GA) Owens
Bera Crist Haaland Chabot Higgins (LA) Palazzo
Constitution of the United States re-
Beyer Crow Harder (CA) Cheney Hill Palmer quire a quorum to be present for votes
Cline
Bishop (GA) Cuellar Hastings
Cloud
Hinson Pence on the House floor?
Blumenauer Davids (KS) Hayes Hollingsworth Perry
Clyde Hudson
The SPEAKER pro tempore. The gen-
Blunt Rochester Davis, Danny K. Higgins (NY) Pfluger
Bonamici Dean Himes Cole Huizenga Posey tleman is not stating a proper par-
Bourdeaux DeFazio Houlahan Comer Issa Reed liamentary inquiry. The Chair does not
Bowman DeGette Hoyer Crawford Jackson Reschenthaler
Crenshaw
interpret the constitutionality of a
Boyle, Brendan DeLauro Huffman Jacobs (NY) Rice (SC)
F. DelBene Jackson Lee Curtis Johnson (LA) Rodgers (WA)
proposition adopted by the House.
Brown Delgado Jacobs (CA) Davidson Johnson (OH) Rogers (AL)
Brownley Demings Jayapal Davis, Rodney Johnson (SD) Rose b 2233
Bush DeSaulnier Jeffries DesJarlais Jordan Rosendale
Bustos Deutch Johnson (GA) Diaz-Balart Joyce (OH) Rouzer Mr. PALMER changed his vote from
Butterfield Dingell Johnson (TX) Donalds Joyce (PA) Roy ‘‘yea’’ to ‘‘nay.’’
Carbajal Doggett Jones Duncan Katko Rutherford
Dunn Ms. SÁNCHEZ and Mrs. MURPHY of
Cárdenas Doyle, Michael Kahele Keller Salazar
Carson F. Kaptur Emmer Kelly (MS) Scalise Florida changed their vote from ‘‘nay’’
Cartwright Escobar Keating Estes Kelly (PA) Schweikert to ‘‘yea.’’
Case Eshoo Kelly (IL) Fallon Kim (CA) Scott, Austin So the previous question was ordered.
Casten Espaillat Khanna Feenstra Kinzinger Sessions
The result of the vote was announced
dlhill on DSK120RN23PROD with House
Castor (FL) Evans Kildee Ferguson Kustoff Simpson
Castro (TX) Fletcher Kilmer Fischbach LaHood Smith (MO) as above recorded.
Chu Foster Kim (NJ) Fitzgerald LaMalfa Smith (NE) Stated for:
Cicilline Frankel, Lois Kind Fitzpatrick Lamborn Smith (NJ)
Fleischmann
Mr. SWALWELL. Madam Speaker, had I
Clark (MA) Fudge Kirkpatrick Latta Smucker
Clarke (NY) Garamendi Krishnamoorthi Fortenberry LaTurner Spartz been present, I would have voted ‘‘yea’’ on
Cleaver Garcı́a (IL) Kuster Foxx Lesko Stauber rollcall No. 46.
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H773
MEMBERS RECORDED PURSUANT TO HOUSE Kuster Neguse Sherman Simpson Taylor Waltz
RESOLUTION 8, 117TH CONGRESS Lamb Newman Sherrill Smith (MO) Tenney Weber (TX)
Langevin Norcross Sires Smith (NE) Thompson (PA) Webster (FL)
Allred (Davids Green (TN) Moulton Larsen (WA) O’Halleran Slotkin Smith (NJ) Tiffany Wenstrup
(KS)) (Timmons) (Trahan) Larson (CT) Ocasio-Cortez Smucker Timmons
Smith (WA) Westerman
Amodei Green, Al (TX) Mullin (Lucas) Lawrence Omar Spartz Turner
Soto Williams (TX)
(Balderson) (Perlmutter) Napolitano Lawson (FL) Pallone Stauber Upton
Spanberger Wilson (SC)
Banks (Walorski) Grijalva (Garcı́a (Correa) Lee (CA) Panetta Steel Valadao
Speier Wittman
Boebert (IL)) Norman (Rice Lee (NV) Pappas Stefanik Van Drew
Stanton Womack
(McHenry) Hastings (SC)) Leger Fernandez Pascrell Steil Van Duyne
(Cleaver) Stevens Young
Bowman (Clark Nunes (Garcia Levin (CA) Payne Strickland Steube Wagner
(MA)) Hern (Lucas) Stewart Zeldin
(CA)) Levin (MI) Perlmutter Suozzi Walberg
Brown (Mfume) Himes Lieu Peters Stivers Walorski
Palazzo Swalwell
Buchanan (Courtney) Lofgren Phillips
Issa (Valadao) (Fleischmann) Takano NOT VOTING—2
(Donalds) Payne (Pallone) Lowenthal Pingree Thompson (CA)
Budd (McHenry) Jackson (Nehls) Luria Pocan Bost Gallego
Jackson Lee Pingree (Kuster) Thompson (MS)
Calvert (Garcia Lynch Porter
(CA))
(Butterfield) Porter (Wexton)
Malinowski Pressley
Titus b 2318
Kelly (IL) Reed (Arrington) Tlaib
Cárdenas Maloney, Price (NC)
(Kuster) Rodgers (WA)
Carolyn B. Quigley
Tonko Mr. MCKINLEY changed his vote
(Gomez) Torres (CA)
Carter (TX)
Kelly (PA) (Herrera
Maloney, Sean Raskin from ‘‘yea’’ to ‘‘nay.’’
(Keller) Beutler) Torres (NY)
(Nehls) Manning Rice (NY)
Trahan
So the resolution was agreed to.
Kirkpatrick Roybal-Allard Matsui Ross
Cawthorn
(Stanton) (Bass) Trone The result of the vote was announced
(McHenry) McBath Roybal-Allard
Krishnamoorthi Ruiz (Aguilar) McCollum Ruiz Underwood as above recorded.
DeSaulnier
(Matsui)
(Clark (MA)) Rush McEachin Ruppersberger Vargas A motion to reconsider was laid on
LaHood (Smith (Underwood) McGovern Rush Veasey the table.
DesJarlais (NE)) Vela
(Fleischmann) Steube McNerney Ryan
Langevin Velázquez MEMBERS RECORDED PURSUANT TO HOUSE
Deutch (Rice (Franklin, C. Meeks Sánchez
(Lynch) Meng Sarbanes Wasserman RESOLUTION 8, 117TH CONGRESS
(NY)) Scott)
Lawson (FL) Stewart (Curtis) Mfume Scanlon Schultz Allred (Davids Green (TN) Moulton
Fletcher (Kuster) (Evans) Waters
Vargas (Correa) Moore (WI) Schakowsky (KS)) (Timmons) (Trahan)
Frankel, Lois Lieu (Beyer) Watson Coleman
Vela (Gomez) Morelle Schiff Amodei Green, Al (TX) Mullin (Lucas)
(Clark (MA)) Lofgren (Jeffries) Welch
Waltz (Donalds) Moulton Schneider (Balderson) (Perlmutter) Napolitano
Gaetz (Franklin, Long (Wagner) Wexton
Wasserman Mrvan Schrader Banks (Walorski) Grijalva (Garcı́a (Correa)
C. Scott) Lowenthal Murphy (FL) Schrier Wild Boebert (IL)) Norman (Rice
Garcia (TX) (Beyer) Schultz (Soto)
Nadler Scott (VA) Williams (GA) (McHenry) Hastings (SC))
(Escobar) McNerney Watson Coleman
Napolitano Scott, David Wilson (FL) Bowman (Clark (Cleaver)
Gibbs (Bucshon) (Eshoo) (Pallone) Nunes (Garcia
Neal Sewell Yarmuth (MA)) Hern (Lucas)
Gonzalez, Meng (Clark Wilson (FL) (CA))
Brown (Mfume) Himes
Vincente (MA)) (Hayes) Palazzo
NAYS—210 Buchanan (Courtney)
(Gomez) Moore (WI) Young Issa (Valadao) (Fleischmann)
Gosar (Herrell) (Beyer) (Malliotakis) Aderholt Fortenberry Lamborn (Donalds) Payne (Pallone)
Budd (McHenry) Jackson (Nehls)
Allen Foxx Latta Jackson Lee Pingree (Kuster)
The SPEAKER pro tempore. The Amodei Franklin, C. LaTurner Calvert (Garcia Porter (Wexton)
(Butterfield)
question is on the resolution. Armstrong Scott Lesko (CA)) Reed (Arrington)
Kelly (IL)
Arrington Fulcher Long Cárdenas Rodgers (WA)
The question was taken; and the Babin Gaetz Loudermilk (Gomez)
(Kuster)
Kelly (PA) (Herrera
Speaker pro tempore announced that Bacon Gallagher Lucas Carter (TX)
(Keller) Beutler)
the ayes appeared to have it. Baird Garbarino Luetkemeyer (Nehls)
Kirkpatrick Roybal-Allard
Balderson Garcia (CA) Mace Cawthorn
Mr. BURGESS. Madam Speaker, on (McHenry)
(Stanton) (Bass)
Banks Gibbs Malliotakis Krishnamoorthi
that I demand the yeas and nays. Barr Gimenez Mann DeSaulnier
Ruiz (Aguilar)
(Clark (MA)) Rush
The SPEAKER pro tempore. Pursu- Bentz Gohmert Massie (Matsui) LaHood (Smith (Underwood)
ant to section 3(s) of House Resolution Bergman Gonzales, Tony Mast DesJarlais (NE))
Bice (OK) Gonzalez (OH) McCarthy (Fleischmann) Steube
8, the yeas and nays are ordered. Langevin (Franklin, C.
Biggs Good (VA) McCaul Deutch (Rice (Lynch)
The vote was taken by electronic de- Bilirakis Gooden (TX) McClain (NY)) Scott)
Lawson (FL) Stewart (Curtis)
vice, and there were—yeas 219, nays Bishop (NC) Gosar McClintock Fletcher (Kuster) (Evans)
Boebert Granger McHenry Frankel, Lois Vargas (Correa)
210, not voting 2, as follows: Brady Graves (LA) McKinley
Lieu (Beyer)
Vela (Gomez)
(Clark (MA)) Lofgren (Jeffries)
[Roll No. 47] Brooks Graves (MO) Meijer Gaetz (Franklin, Long (Wagner) Waltz (Donalds)
Buchanan Green (TN) Meuser C. Scott) Lowenthal Wasserman
YEAS—219 Buck Greene (GA) Miller (IL) Garcia (TX) (Beyer) Schultz (Soto)
Adams Clyburn Garcia (TX) Bucshon Griffith Miller (WV) (Escobar) McNerney Watson Coleman
Aguilar Cohen Golden Budd Grothman Miller-Meeks Gibbs (Bucshon) (Eshoo) (Pallone)
Allred Connolly Gomez Burchett Guest Moolenaar Gonzalez, Meng (Clark Wilson (FL)
Auchincloss Cooper Gonzalez, Burgess Guthrie Mooney Vincente (MA)) (Hayes)
Axne Correa Vicente Calvert Hagedorn Moore (AL) (Gomez) Moore (WI) Young
Barragán Costa Gottheimer Cammack Harris Moore (UT) Gosar (Herrell) (Beyer) (Malliotakis)
Bass Courtney Green, Al (TX) Carl Harshbarger Mullin
Beatty Craig Grijalva Carter (GA) Hartzler Murphy (NC) f
Bera Crist Haaland Carter (TX) Hern Nehls
Beyer Crow Harder (CA) Cawthorn Herrell Newhouse AMERICAN RESCUE PLAN ACT OF
Bishop (GA) Cuellar Hastings Chabot Herrera Beutler Norman 2021
Blumenauer Davids (KS) Hayes Cheney Hice (GA) Nunes
Blunt Rochester Davis, Danny K. Higgins (NY) Cline Higgins (LA) Obernolte The SPEAKER pro tempore (Mr.
Bonamici Dean Himes Cloud Hill Owens CUELLAR). Pursuant to House Resolu-
Bourdeaux DeFazio Horsford Clyde Hinson Palazzo tion 166, the House will proceed to the
Bowman DeGette Houlahan Cole Hollingsworth Palmer
Boyle, Brendan DeLauro Hoyer Comer Hudson Pence
immediate consideration of the bill
F. DelBene Huffman Crawford Huizenga Perry (H.R. 1319) to provide for reconciliation
Brown Delgado Jackson Lee Crenshaw Issa Pfluger pursuant to title II of S. Con. Res. 5.
Brownley Demings Jacobs (CA) Curtis Jackson Posey The Clerk read the title of the bill.
Bush DeSaulnier Jayapal Davidson Jacobs (NY) Reed
Bustos Deutch Jeffries Davis, Rodney Johnson (LA) Reschenthaler
The SPEAKER pro tempore. Pursu-
Butterfield Dingell Johnson (GA) DesJarlais Johnson (OH) Rice (SC) ant to House Resolution 166, an amend-
Carbajal Doggett Johnson (TX) Diaz-Balart Johnson (SD) Rodgers (WA) ment printed in House Report 117–8 is
Cárdenas Doyle, Michael Jones Donalds Jordan Rogers (AL) adopted and the bill, as amended, is
Carson F. Kahele Duncan Joyce (OH) Rogers (KY)
Cartwright Escobar Kaptur Dunn Joyce (PA) Rose considered read.
Case Eshoo Keating Emmer Katko Rosendale The text of the bill, as amended, is as
Casten Espaillat Kelly (IL) Estes Keller Rouzer follows:
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Castor (FL) Evans Khanna Fallon Kelly (MS) Roy
Castro (TX) Fletcher Kildee Feenstra Kelly (PA) Rutherford H.R. 1319
Chu Foster Kilmer Ferguson Kim (CA) Salazar f
Cicilline Frankel, Lois Kim (NJ) Fischbach Kinzinger Scalise
Clark (MA) Fudge Kind Fitzgerald Kustoff Schweikert Be it enacted by the Senate and House of Rep-
Clarke (NY) Garamendi Kirkpatrick Fitzpatrick LaHood Scott, Austin resentatives of the United States of America in
Cleaver Garcı́a (IL) Krishnamoorthi Fleischmann LaMalfa Sessions Congress assembled,
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H774 CONGRESSIONAL RECORD — HOUSE February 26, 2021
SECTION 1. SHORT TITLE. Sec. 2203. Child Care and Development Block Sec. 3056. Funding for community-based fund-
This Act may be cited as the ‘‘American Res- Grant Program. ing for local substance use dis-
cue Plan Act of 2021’’. Sec. 2204. Child Care Stabilization. order services.
SEC. 2. TABLE OF CONTENTS. Sec. 2205. Head Start. Sec. 3057. Funding for community-based fund-
The table of contents for this Act is as follows: Sec. 2206. Programs for survivors. ing for local behavioral health
Sec. 2207. Child abuse prevention and treat- needs.
Sec. 1. Short title.
ment. Sec. 3058. Funding for the National Child Trau-
Sec. 2. Table of contents.
Sec. 2210. Corporation for National and Com- matic Stress Network.
TITLE I—COMMITTEE ON AGRICULTURE munity Service and the National Sec. 3059. Funding for Project AWARE.
Subtitle A—Agriculture Service Trust. Sec. 3059A. Funding for youth suicide preven-
Sec. 1001. Food supply chain and agriculture Subtitle D—Child Nutrition & Related Programs tion.
pandemic response. Sec. 2301. Improvements to WIC benefits. Sec. 3059B. Funding for behavioral health
Sec. 1002. Emergency rural development grants Sec. 2302. WIC program modernization. workforce education and training.
for rural health care. Sec. 2303. Meals and supplements reimburse- CHAPTER 7—EXCHANGE GRANT PROGRAM
Sec. 1003. Pandemic program administration ments for individuals who have
funds. not attained the age of 25. Sec. 3061. Establishing a grant program for Ex-
Sec. 1004. Funding for the USDA Office of In- Sec. 2304. Pandemic EBT program. change modernization.
spector General for oversight of Subtitle E—COBRA Continuation Coverage Subtitle B—Medicaid
COVID—19-related programs. Sec. 3101. Mandatory coverage of COVID–19
Sec. 1005. Farm loan assistance for socially dis- Sec. 2401. Preserving health benefits for work-
ers. vaccines and administration and
advantaged farmers and ranchers. treatment under Medicaid.
Sec. 1006. USDA assistance and support for so- TITLE III—COMMITTEE ON ENERGY AND
COMMERCE Sec. 3102. Modifications to certain coverage
cially disadvantaged farmers,
under Medicaid for pregnant and
ranchers, forest land owners and Subtitle A—Public Health postpartum women.
operators, and groups. CHAPTER 1—VACCINES AND THERAPEUTICS Sec. 3103. State Option to Provide Qualifying
Sec. 1007. Use of the Commodity Credit Cor-
Sec. 3001. Funding for COVID–19 vaccine ac- Community-Based Mobile Crisis
poration for commodities and as-
tivities at the centers for disease Intervention Services.
sociated expenses..
control and prevention. Sec. 3104. Temporary increase in FMAP for
Subtitle B—Nutrition Sec. 3002. Funding for vaccine confidence ac- medical assistance under State
Sec. 1111. Supplemental nutrition assistance tivities. Medicaid plans which begin to ex-
program. Sec. 3003. Funding for supply chain for pend amounts for certain manda-
Sec. 1112. Additional assistance for SNAP on- COVID–19 vaccines, therapeutics, tory individuals.
line purchasing and technology and medical supplies. Sec. 3105. Extension of 100 percent Federal med-
improvements. Sec. 3004. Funding for COVID–19 vaccine, ical assistance percentage to
Sec. 1113. Additional funding for nutrition as- therapeutic, and device activities Urban Indian Health Organiza-
sistance programs. at the Food and Drug Administra- tions and Native Hawaiian Health
Sec. 1114. Commodity supplemental food pro- tion. Care Systems.
gram. CHAPTER 2—TESTING Sec. 3106. Sunset of limit on maximum rebate
TITLE II—COMMITTEE ON EDUCATION Sec. 3011. Funding for COVID–19 testing, con- amount for single source drugs
AND LABOR tact tracing, and mitigation ac- and innovator multiple source
Subtitle A—Education Matters tivities. drugs.
Sec. 3012. Funding for SARS–CoV–2 genomic se- Sec. 3107. Additional support for Medicaid
PART 1—DEPARTMENT OF EDUCATION
quencing and surveillance. home and community-based serv-
Sec. 2001. Elementary and secondary school ices during the COVID–19 emer-
Sec. 3013. Funding for global health.
emergency relief fund. gency.
Sec. 3014. Funding for data modernization and
Sec. 2002. Higher education emergency relief Sec. 3108. Funding for State strike teams for
forecasting center.
fund. resident and employee safety in
Sec. 2003. Maintenance of effort and mainte- CHAPTER 3—PUBLIC HEALTH WORKFORCE
nursing facilities.
nance of equity. Sec. 3021. Funding for public health workforce.
Sec. 3109. Special Rule for the Period of a De-
Sec. 2004. Outlying areas. Sec. 3022. Funding for Medical Reserve Corps.
clared Public Health Emergency
Sec. 2005. Bureau of Indian Education. CHAPTER 4—PUBLIC HEALTH INVESTMENTS Related to Coronavirus.
Sec. 2006. Gallaudet University.
Sec. 3031. Funding for community health cen- Subtitle C—Children’s Health Insurance
Sec. 2007. Student aid administration.
ters and community care. Program
Sec. 2008. Howard University.
Sec. 3032. Funding for National Health Service
Sec. 2009. National Technical Institute for the Sec. 3201. Mandatory coverage of COVID–19
Corps.
Deaf. vaccines and administration and
Sec. 3033. Funding for Nurse Corps.
Sec. 2010. Institute of Education Sciences. treatment under CHIP.
Sec. 3034. Funding for teaching health centers
Sec. 2011. Program administration. Sec. 3202. Modifications to certain coverage
that operate graduate medical
Sec. 2012. Office of inspector general. under CHIP for pregnant and
education.
Sec. 2013. Modification of revenue requirements postpartum women.
Sec. 3035. Funding for family planning.
for proprietary institutions of
Sec. 3036. Funding for Office of Inspector Gen- Subtitle D—Other Provisions
higher education.
eral. CHAPTER 1—ENSURING ENVIRONMENTAL HEALTH
PART 2—MISCELLANEOUS
CHAPTER 5—INDIAN HEALTH AND RATEPAYER PROTECTION DURING THE
Sec. 2021. National endowment for the arts. PANDEMIC
Sec. 3041. Funding for Indian health.
Sec. 2022. National endowment for the human-
CHAPTER 6—MENTAL HEALTH AND SUBSTANCE Sec. 3301. Funding for pollution and disparate
ities.
USE DISORDER impacts of the COVID–19 pan-
Sec. 2023. Institute of museum and library serv-
Sec. 3051. Funding for block grants for commu- demic.
ices.
Sec. 2024. COVID-19 response resources for the nity mental health services. Sec. 3302. Funding for LIHEAP.
preservation and maintenance of Sec. 3052. Funding for block grants for preven- Sec. 3303. Funding for water assistance pro-
Native American languages. tion and treatment of substance gram.
Subtitle B—Labor Matters abuse. CHAPTER 2—DISTANCE LEARNING AND CONSUMER
Sec. 3053. Funding for mental and behavioral PROTECTION DURING THE COVID–19 PANDEMIC
Sec. 2101. Raising the Federal minimum wage.
health training for health care Sec. 3311. Funding for consumer product safety
Sec. 2102. Funding for Department of Labor
professionals, paraprofessionals, fund to protect consumers from
Worker Protection Activities.
and public safety officers. potentially dangerous products
Sec. 2103. Eligibility for workers’ compensation
Sec. 3054. Funding for education and aware- related to COVID–19.
benefits for Federal employees di-
ness campaign encouraging Sec. 3312. Funding for E-Rate support for emer-
agnosed with COVID–19.
healthy work conditions and use gency educational connections
Sec. 2104. Compensation pursuant to the
of mental and behavioral health
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Longshore and Harbor Workers’ and devices.
services by health care profes-
Compensation Act. CHAPTER 3—OVERSIGHT OF DEPARTMENT OF
sionals.
Subtitle C—Human Services and Community Sec. 3055. Funding for grants for health care COMMERCE PREVENTION AND RESPONSE TO
Supports providers to promote mental and COVID–19
Sec. 2202. Supporting older Americans and their behavioral health among their Sec. 3321. Funding for Department of Commerce
families. health professional workforce. Inspector General.
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H775
TITLE IV—COMMITTEE ON FINANCIAL Sec. 7204. Railroad Retirement Board and Of- Subtitle F—Preserving Health Benefits for
SERVICES fice of the Inspector General Workers
Subtitle A—Defense Production Act of 1950 funding. Sec. 9500. Preserving health benefits for work-
Sec. 4001. COVID–19 emergency medical sup- TITLE VIII—COMMITTEE ON VETERANS’ ers.
plies enhancement. AFFAIRS Subtitle G—Promoting Economic Security
Subtitle B—Housing Provisions Sec. 8001. Funding for claims and appeals proc- PART 1—2021 RECOVERY REBATES TO
essing. INDIVIDUALS
Sec. 4101. Emergency rental assistance.
Sec. 8002. Funding availability for medical care Sec. 9601. 2021 recovery rebates to individuals.
Sec. 4102. Emergency housing vouchers.
and health needs.
Sec. 4103. Emergency assistance for rural hous- PART 2—CHILD TAX CREDIT
Sec. 8003. Funding for supply chain moderniza-
ing. tion. Sec. 9611. Child tax credit improvements for
Sec. 4104. Housing assistance and supportive Sec. 8004. Funding for state homes. 2021.
services programs for Native Sec. 8005. Funding for the Department of Vet- Sec. 9612. Application of child tax credit in pos-
Americans. erans Affairs office of inspector sessions.
Sec. 4105. Housing counseling. general. PART 3—EARNED INCOME TAX CREDIT
Sec. 4106. Homelessness assistance and sup- Sec. 8006. Covid–19 veteran rapid retraining as- Sec. 9621. Strengthening the earned income tax
portive services program. sistance program. credit for individuals with no
Sec. 4107. Homeowner Assistance Fund. Sec. 8007. Prohibition on copayments and cost qualifying children.
Sec. 4108. Relief measures for section 502 and sharing for veterans during emer- Sec. 9622. Taxpayer eligible for childless earned
504 direct loan borrowers. gency relating to COVID–19. income credit in case of qualifying
Sec. 4109 Fair housing activities. Sec. 8008. Emergency Department of Veterans children who fail to meet certain
Subtitle C—Small Business (SSBCI) Affairs Employee Leave Fund. identification requirements.
Sec. 4201. State Small Business Credit Initia- TITLE IX—COMMITTEE ON WAYS AND Sec. 9623. Credit allowed in case of certain sep-
tive. MEANS arated spouses.
Sec. 9624. Modification of disqualified invest-
Subtitle D—Airlines Subtitle A—Crisis Support for Unemployed
ment income test.
Sec. 4301. Air Transportation Payroll Support Workers Sec. 9625. Application of earned income tax
Program Extension. PART 1—EXTENSION OF CARES ACT credit in possessions of the United
TITLE V—COMMITTEE ON OVERSIGHT AND UNEMPLOYMENT PROVISIONS States.
REFORM Sec. 9011. Extension of pandemic unemployment Sec. 9626. Temporary special rule for deter-
Subtitle A—Coronavirus State and Local Fiscal assistance. mining earned income for pur-
Recovery Funds Sec. 9012. Extension of emergency unemploy- poses of earned income tax credit.
ment relief for governmental enti- PART 4—DEPENDENT CARE ASSISTANCE
Sec. 5001. Coronavirus State and Local Fiscal
ties and nonprofit organizations. Sec. 9631. Refundability and enhancement of
Recovery Funds. Sec. 9013. Extension of Federal Pandemic Un- child and dependent care tax
Subtitle B—Other Matters employment Compensation. credit.
Sec. 5111. Emergency Federal Employee Leave Sec. 9014. Extension of full Federal funding of Sec. 9632. Increase in exclusion for employer-
Fund. the first week of compensable reg- provided dependent care assist-
Sec. 5112. Funding for the Government Ac- ular unemployment for States ance.
countability Office. with no waiting week.
PART 5—CREDITS FOR PAID SICK AND FAMILY
Sec. 5113. Pandemic Response Accountability Sec. 9015. Extension of emergency State staffing
LEAVE
Committee funding availability. flexibility.
Sec. 5114. Funding for the White House. Sec. 9016. Extension of Pandemic Emergency Sec. 9641. Payroll credits.
Unemployment Compensation. Sec. 9642. Credit for sick leave for certain self-
TITLE VI—COMMITTEE ON SMALL employed individuals.
Sec. 9017. Extension of temporary financing of
BUSINESS Sec. 9643. Credit for family leave for certain
short-time compensation pay-
Sec. 6001. Modifications to paycheck protection ments in States with programs in self-employed individuals.
program. law. PART 6—EMPLOYEE RETENTION CREDIT
Sec. 6002. Targeted EIDL advance. Sec. 9018. Extension of temporary financing of Sec. 9651. Extension of employee retention cred-
Sec. 6003. Support for restaurants. short-time compensation agree- it.
Sec. 6004. Community navigator pilot program. ments for States without programs PART 7—PREMIUM TAX CREDIT
Sec. 6005. Shuttered venue operators. in law.
Sec. 6006. Direct appropriations. Sec. 9661. Improving affordability by expanding
PART 2—EXTENSION OF FFCRA UNEMPLOYMENT premium assistance for consumers.
TITLE VII—COMMITTEE ON PROVISIONS Sec. 9662. Temporary modification of limitations
TRANSPORTATION AND INFRASTRUCTURE Sec. 9021. Extension of temporary assistance for on reconciliation of tax credits for
Subtitle A—Transportation and Infrastructure States with advances. coverage under a qualified health
Sec. 7001. Federal Emergency Management Sec. 9022. Extension of full Federal funding of plan with advance payments of
Agency appropriation. extended unemployment com- such credit.
Sec. 7002. Funeral assistance. pensation. Sec. 9663. Application of premium tax credit in
Sec. 7003. Economic adjustment assistance. PART 3—DEPARTMENT OF LABOR FUNDING FOR case of individuals receiving un-
Sec. 7004. Great Lakes St. Lawrence Seaway TIMELY, ACCURATE, AND EQUITABLE PAYMENT employment compensation during
Development Corporation oper- 2021.
Sec. 9031. Funding for administration.
ations and maintenance. Sec. 9032. Funding for fraud prevention, equi- PART 8—MISCELLANEOUS PROVISIONS
Sec. 7005. Grants to the National Railroad Pas- table access, and timely payment Sec. 9671. Repeal of election to allocate interest,
senger Corporation. to eligible workers. etc. on worldwide basis.
Sec. 7006. Federal Transit Administration Sec. 9672. Tax treatment of targeted EIDL ad-
Subtitle B—Emergency Assistance to Families
grants. vances.
Through Home Visiting Programs Sec. 9673. Tax treatment of restaurant revital-
Sec. 7007. Relief for airports.
Sec. 7008. Emergency FAA Employee Leave Sec. 9101. Emergency assistance to families ization grants.
Fund. through home visiting programs. Sec. 9674. Modification of exceptions for report-
Subtitle B—Aviation Manufacturing Jobs Subtitle C—Emergency Assistance to Children ing of third party network trans-
Protection and Families actions.
Sec. 9201. Pandemic Emergency Assistance. Subtitle H—Pensions
Sec. 7101. Definitions.
Sec. 7102. Payroll support program. Subtitle D—Elder Justice and Support Sec. 9700. Temporary delay of designation of
Guarantee multiemployer plans as in endan-
Subtitle C—Continued Assistance to Rail
Sec. 9301. Additional funding for aging and dis- gered, critical, or critical and de-
Workers
ability services programs. clining status.
Sec. 7201. Additional enhanced benefits under Sec. 9701. Temporary extension of the funding
the Railroad Unemployment In- Subtitle E—Support to Skilled Nursing Facilities improvement and rehabilitation
surance Act. in Response to COVID–19 periods for multiemployer pension
Sec. 7202. Extended unemployment benefits Sec. 9401. Providing for infection control sup- plans in critical and endangered
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under the Railroad Unemploy- port to skilled nursing facilities status for 2020 or 2021.
ment Insurance Act. through contracts with quality Sec. 9702. Adjustments to funding standard ac-
Sec. 7203. Extension of waiver of the 7-day improvement organizations. count rules.
waiting period for benefits under Sec. 9402. Funding for strike teams for resident Sec. 9703. Special financial assistance program
the Railroad Unemployment In- and employee safety in skilled for financially troubled multiem-
surance Act. nursing facilities. ployer plans.
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H776 CONGRESSIONAL RECORD — HOUSE February 26, 2021
Sec. 9704. Extended amortization for single em- Act (21 U.S.C. 468), and section 24 of the Egg of any money in the Treasury not otherwise ap-
ployer plans. Products Inspection Act (21 U.S.C. 1053), and propriated, $47,500,000, to remain available until
Sec. 9705. Extension of pension funding sta- any regulations promulgated by the Department expended, for necessary administrative expenses
bilization percentages for single of Agriculture implementing such provisions of associated with carrying out this subtitle.
employer plans. law and subject to the availability of funds SEC. 1004. FUNDING FOR THE USDA OFFICE OF
Sec. 9706. Modification of special rules for min- under paragraph (3), the Secretary of Agri- INSPECTOR GENERAL FOR OVER-
imum funding standards for com- culture shall reduce the amount of overtime in- SIGHT OF COVID—19-RELATED PRO-
munity newspaper plans. spection costs borne by federally-inspected small GRAMS.
Sec. 9707. Cost of living adjustment freeze. establishments and very small establishments In addition to amounts otherwise made avail-
Subtitle I—Child Care for Workers engaged in meat, poultry, or egg products proc- able, there is appropriated to the Office of the
Sec. 9801. Child care assistance. essing and subject to the requirements of the Inspector General of the Department of Agri-
Federal Meat Inspection Act (21 U.S.C. 601 et culture for fiscal year 2021, out of any money in
TITLE X—INTERNATIONAL AFFAIRS seq.), the Poultry Products Inspection Act (21 the Treasury not otherwise appropriated,
Sec. 10001. Department of State operations. U.S.C. 451 et seq.), or the Egg Products Inspec- $2,500,000, to remain available until September
Sec. 10002. United States Agency for Inter- tion Act (21 U.S.C. 1031 et seq.), for inspection 30, 2022, for audits, investigations, and other
national Development operations. activities carried out during the period of fiscal oversight activities of projects and activities car-
Sec. 10003. Global response. years 2021 through 2030. ried out with funds made available to the De-
Sec. 10004. Humanitarian response. (3) FUNDING.—Out of the amounts made avail- partment of Agriculture related to the COVID–
Sec. 10005. Multilateral assistance. able under subsection (a), the Secretary shall 19 pandemic.
TITLE XI—COMMITTEE ON NATURAL use $100,000,000 to carry out this subsection. SEC. 1005. FARM LOAN ASSISTANCE FOR SO-
RESOURCES SEC. 1002. EMERGENCY RURAL DEVELOPMENT CIALLY DISADVANTAGED FARMERS
GRANTS FOR RURAL HEALTH CARE. AND RANCHERS.
Sec. 1101. Indian Affairs.
Sec. 1102. United States Fish and Wildlife Serv- (a) GRANTS.—The Secretary of Agriculture (in (a) PAYMENTS.—
ice. this section referred to as the ‘‘Secretary’’) shall (1) APPROPRIATION.—In addition to amounts
use the funds made available by this section to otherwise available, there is appropriated to the
TITLE XII—COMMITTEE ON SCIENCE,
establish an emergency pilot program for rural Secretary for fiscal year 2021, out of amounts in
SPACE, AND TECHNOLOGY
development not later than 150 days after the the Treasury not otherwise appropriated, such
Sec. 12001. National Institute of Standards and date of enactment of this Act to provide grants sums as may be necessary, to remain available
Technology. to eligible applicants (as defined in section until expended, for the cost of loan modifica-
Sec. 12002. National Science Foundation. 3570.61(a) of title 7, Code of Federal Regula- tions and payments under this section.
TITLE I—COMMITTEE ON AGRICULTURE tions) to be awarded by the Secretary based on (2) PAYMENTS.—The Secretary shall provide a
Subtitle A—Agriculture rural development needs related to the COVID– payment in an amount equal to 120 percent of
SEC. 1001.
FOOD SUPPLY CHAIN AND AGRI- 19 pandemic. the outstanding indebtedness of each socially
CULTURE PANDEMIC RESPONSE. (b) USES.—An eligible applicant to whom a disadvantaged farmer or rancher as of January
(a) APPROPRIATION.—In addition to amounts grant is awarded under this section may use the 1, 2021, to pay off the loan directly or to the so-
otherwise available, there is appropriated to the grant funds for costs, including those incurred cially disadvantaged farmer or rancher (or a
Secretary of Agriculture for fiscal year 2021, out prior to the issuance of the grant, as determined combination of both), on each—
of any money in the Treasury not otherwise ap- by the Secretary, of facilities which primarily (A) direct farm loan made by the Secretary to
propriated, $4,000,000,000, to remain available serve rural areas (as defined in section the socially disadvantaged farmer or rancher;
until expended, to carry out this section. 343(a)(13)(C) of the Consolidated Farm and and
(b) USE OF FUNDS.—The Secretary of Agri- Rural Development Act (7 U.S.C. 1991(a)(13)(C)), (B) farm loan guaranteed by the Secretary the
culture shall use the amounts made available which are located in a rural area, the median borrower of which is the socially disadvantaged
pursuant to subsection (a)— household income of the population to be served farmer or rancher.
(1) to purchase food and agricultural commod- by which is less than the greater of the poverty (b) DEFINITIONS.—In this section:
ities; line or the applicable percentage (determined (1) FARM LOAN.—The term ‘‘farm loan’’
(2) to purchase and distribute agricultural under section 3570.63(b) of title 7, Code of Fed- means—
commodities (including fresh produce, dairy, eral Regulations) of the State nonmetropolitan (A) a loan administered by the Farm Service
eggs, and meat) to individuals in need, includ- median household income, and for which the Agency under subtitle A, B, or C of the Consoli-
ing through delivery to nonprofit organizations performance of any construction work com- dated Farm and Rural Development Act (7
and through restaurants and other food related pleted with grant funds shall meet the condition U.S.C. 1922 et seq.); and
entities, as determined by the Secretary, that set forth in section 9003(f) of the Farm Security (B) a Commodity Credit Corporation Farm
may receive, store, process, and distribute food and Rural Investment Act of 2002 (7 U.S.C. Storage Facility Loan.
items; 8103(f)), to— (2) SECRETARY.—The term ‘‘Secretary’’ means
(3) to make grants and loans for small or (1) increase capacity for vaccine distribution; the Secretary of Agriculture.
midsized food processors or distributors, farmers (2) provide medical supplies to increase med- (3) SOCIALLY DISADVANTAGED FARMER OR
markets, producers, or other organizations to re- ical surge capacity; RANCHER.—The term ‘‘socially disadvantaged
spond to COVID–19, including for measures to (3) reimburse for revenue lost during the farmer or rancher’’ has the meaning given the
protect workers against COVID–19; and COVID–19 pandemic, including revenue losses term in section 2501(a) of the Food, Agriculture,
(4) to make loans and grants and provide incurred prior to the awarding of the grant; Conservation, and Trade Act of 1990 (7 U.S.C.
other assistance to maintain and improve food (4) increase telehealth capabilities, including 2279(a)).
and agricultural supply chain resiliency. underlying health care information systems; SEC. 1006. USDA ASSISTANCE AND SUPPORT FOR
(c) ANIMAL HEALTH.— (5) construct temporary or permanent struc- SOCIALLY DISADVANTAGED FARM-
(1) COVID–19 ANIMAL SURVEILLANCE.—The tures to provide health care services, including ERS, RANCHERS, FOREST LAND OWN-
Secretary of Agriculture shall conduct moni- vaccine administration or testing; ERS AND OPERATORS, AND GROUPS.
toring and surveillance of susceptible animals (6) support staffing needs for vaccine adminis- (a) APPROPRIATION.—In addition to amounts
for incidence of SARS–CoV–2. tration or testing; and otherwise available, there is appropriated to the
(2) GUIDANCE.—Activities conducted under (7) engage in any other efforts to support Secretary of Agriculture for fiscal year 2021, out
paragraph (1) shall be consistent with guidance rural development determined to be critical to of any money in the Treasury not otherwise ap-
provided by the World Organisation for Animal address the COVID–19 pandemic, including nu- propriated, $1,010,000,000, to remain available
Health. tritional assistance to vulnerable individuals, as until expended, to carry out this section.
(3) FUNDING.—Out of the amounts made avail- approved by the Secretary. (b) ASSISTANCE.—The Secretary of Agriculture
able under subsection (a), the Secretary shall (c) FUNDING.—In addition to amounts other- shall use the amounts made available pursuant
use $300,000,000 to carry out this subsection. wise available, there is appropriated to the Sec- to subsection (a)—
(d) OVERTIME FEES.— retary for fiscal year 2021, out of any money in (1) to provide outreach, mediation, financial
(1) SMALL ESTABLISHMENT; VERY SMALL ESTAB- the Treasury not otherwise appropriated, training, capacity building training, cooperative
LISHMENT DEFINITIONS.—The terms ‘‘small estab- $500,000,000, to remain available until September development training and support, and other
lishment’’ and ‘‘very small establishment’’ have 30, 2023, to carry out this section, of which not technical assistance on issues concerning food,
the meaning given those terms in the final rule more than 3 percent may be used by the Sec- agriculture, agricultural credit, agricultural ex-
entitled ‘‘Pathogen Reduction; Hazard Analysis retary for administrative purposes and not more tension, rural development, or nutrition to so-
and Critical Control Point (HACCP) Systems’’ than 2 percent may be used by the Secretary for cially disadvantaged farmers, ranchers, or forest
published in the Federal Register on July 25, technical assistance as defined in section landowners, or other members of socially dis-
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1996 (61 Fed. Reg. 38806). 306(a)(26) of the Consolidated Farm and Rural advantaged groups;
(2) OVERTIME INSPECTION COST REDUCTION.— Development Act (7 U.S.C. 1926(a)(26)). (2) to provide grants and loans to improve
Notwithstanding section 10703 of the Farm Secu- SEC. 1003. PANDEMIC PROGRAM ADMINISTRA- land access for socially disadvantaged farmers,
rity and Rural Investment Act of 2002 (7 U.S.C. TION FUNDS. ranchers, or forest landowners, including issues
2219a), the Act of June 5, 1948 (21 U.S.C. 695), In addition to amounts otherwise available, related to heirs’ property in a manner as deter-
section 25 of the Poultry Products Inspection there are appropriated for fiscal year 2021, out mined by the Secretary;
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H777
(3) to support the development of agricultural Subtitle B—Nutrition ‘‘(a) COVID–19 RESPONSE FUNDING.—In addi-
credit institutions that are designed to serve so- SEC. 1111. SUPPLEMENTAL NUTRITION ASSIST- tion’’; and
cially disadvantaged groups, including other fi- ANCE PROGRAM. (2) by adding at the end the following—
nancing institutions funded by the Farm Credit (a) VALUE OF BENEFITS.—Section 702(a) of di- ‘‘(b) ADDITIONAL FUNDING.—In addition to
System; vision N of the Consolidated Appropriations Act, any other funds made available, there is appro-
(4) to support the activities of one or more eq- 2021 (Public Law 116–260) is amended by striking priated for fiscal year 2021, out of any money in
uity commissions that will address racial equity ‘‘June 30, 2021’’ and inserting ‘‘September 30, the Treasury not otherwise appropriated,
issues within the Department of Agriculture and 2021’’. $1,000,000,000 to remain available until Sep-
its programs; (b) SNAP ADMINISTRATIVE EXPENSES.—In addi- tember 30, 2027, for the Secretary of Agriculture
(5) to support the development of one or more tion to amounts otherwise available, there is to provide grants to the Commonwealth of
legal centers focused on agricultural legal issues hereby appropriated for fiscal year 2021, out of Northern Mariana Islands, Puerto Rico, and
of socially disadvantaged farmers, ranchers, or any amounts in the Treasury not otherwise ap- American Samoa for nutrition assistance, of
forest landowners or other members of socially propriated, $1,150,000,000, to remain available which $30,000,000 shall be available to provide
disadvantaged groups; until September 30, 2023, with amounts to be ob- grants to the Commonwealth of Northern Mar-
(6) to support and supplement agricultural re- ligated for each of fiscal years 2021, 2022, and iana Islands for such assistance.’’.
search, education, and extension, as well as SEC. 1114. COMMODITY SUPPLEMENTAL FOOD
2023, for the costs of State administrative ex-
scholarships and programs that provide intern- PROGRAM.
penses associated with carrying out this section
ships and pathways to Federal employment, In addition to amounts otherwise made avail-
and administering the supplemental nutrition
at— able, there is appropriated for fiscal year 2021,
assistance program established under the Food
(A) colleges or universities eligible to receive out of any money in the Treasury not otherwise
and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.),
funds under the Act of August 30, 1890 (com- appropriated, $37,000,000, to remain available
of which—
monly known as the ‘‘Second Morrill Act’’) (7 until September 30, 2022, for activities author-
(1) $15,000,000 shall be for necessary expenses
U.S.C. 321 et seq.), including Tuskegee Univer- ized by section 4(a) of the Agriculture and Con-
of the Secretary of Agriculture (in this section
sity; sumer Protection Act of 1973 (7 U.S.C. 612c
referred to as the ‘‘Secretary’’) for management
(B) 1994 Institutions (as defined in section 532 note).
and oversight of the program; and
of the Equity in Educational Land-Grant Status (2) $1,135,000,000 shall be for the Secretary to TITLE II—COMMITTEE ON EDUCATION
Act of 1994 (7 U.S.C. 301 note; Public Law 103– make grants to each State agency for each of AND LABOR
382)); fiscal years 2021 through 2023 as follows: Subtitle A—Education Matters
(C) Alaska Native serving institutions and Na- (A) 75 percent of the amounts available shall PART 1—DEPARTMENT OF EDUCATION
tive Hawaiian serving institutions eligible to re- be allocated to States based on the share of each SEC. 2001.ELEMENTARY AND SECONDARY
ceive grants under subsections (a) and (b), re- State of households that participate in the sup- SCHOOL EMERGENCY RELIEF FUND.
spectively, of section 1419B of the National Agri- plemental nutrition assistance program as re- (a) IN GENERAL.—In addition to amounts oth-
cultural Research, Extension, and Teaching ported to the Department of Agriculture for the erwise available through the Education Sta-
Policy Act of 1977 (7 U.S.C. 3156); most recent 12-month period for which data are bilization Fund, there is appropriated to the De-
(D) Hispanic-serving institutions eligible to re- available, adjusted by the Secretary (as of the partment of Education for fiscal year 2021, out
ceive grants under section 1455 of the National date of the enactment of this Act) for participa- of any money in the Treasury not otherwise ap-
Agricultural Research, Extension, and Teaching tion in disaster programs under section 5(h) of propriated, $128,554,800,000, to remain available
Policy Act of 1977 (7 U.S.C. 3241); and the Food and Nutrition Act of 2008 (7 U.S.C. through September 30, 2023, to carry out this
(E) the insular area institutions of higher 2014(h)); and section.
education located in the territories of the United (B) 25 percent of the amounts available shall (b) GRANTS.—From funds provided under sub-
States, as referred to in section 1489 of the Na- be allocated to States based on the increase in section (a), the Secretary shall make grants to
tional Agricultural Research, Extension, and the number of households that participate in the each State educational agency in accordance
Teaching Policy Act of 1977 (7 U.S.C. 3361); supplemental nutrition assistance program as with this section.
(7) to provide assistance to socially disadvan- reported to the Department of Agriculture over (c) ALLOCATIONS TO STATES.—The amount of
taged farmers, ranchers, or forest landowners the most recent 12-month period for which data each grant under subsection (b) shall be allo-
that are former farm loan borrowers that suf- are available, adjusted by the Secretary (as of cated by the Secretary to each State in the same
fered related adverse actions or past discrimina- the date of the enactment of this Act) for par- proportion as each State received under part A
tion or bias in Department of Agriculture pro- ticipation in disaster programs under section of title I of the Elementary and Secondary Edu-
grams, as determined by the Secretary; and 5(h) of the Food and Nutrition Act of 2008 (7 cation Act of 1965 in the most recent fiscal year.
(8) to establish pilot projects that focus on U.S.C. 2014(h)). (d) SUBGRANTS TO LOCAL EDUCATIONAL AGEN-
land acquisition, financial planning, and credit SEC. 1112. ADDITIONAL ASSISTANCE FOR SNAP CIES.—Each State shall allocate not less than 90
by providing technical and financial assistance ONLINE PURCHASING AND TECH- percent of the grant funds awarded to the State
related to agricultural production or timber pro- NOLOGY IMPROVEMENTS. under this section as subgrants to local edu-
duction on nonindustrial private forest land to (a) FUNDING.—In addition to amounts other- cational agencies (including charter schools
socially disadvantaged farmers, ranchers, or for- wise made available, there is appropriated for that are local educational agencies) in the State
est landowners, or other members of socially dis- fiscal year 2021, out of any amounts in the in proportion to the amount of funds such local
advantaged groups. Treasury not otherwise appropriated, $25,000,000 educational agencies and charter schools that
(c) DEFINITIONS.—In this section: to remain available through September 30, 2026, are local educational agencies received under
(1) NONINDUSTRIAL PRIVATE FOREST LAND.— to carry out this section. part A of title I of the Elementary and Sec-
The term ‘‘nonindustrial private forest land’’ (b) USE OF FUNDS.—The Secretary of Agri- ondary Education Act of 1965 in the most recent
has the meaning given the term in section culture may use the amounts made available fiscal year.
1201(a)(18) of the Food Security Act of 1985 (16 pursuant to subsection (a)— (e) USES OF FUNDS.—A local educational
U.S.C. 3801(a)(18)). (1) to make technological improvements to im- agency that receives funds under this section—
prove online purchasing in the supplemental (1) shall reserve not less than 20 percent of
(2) SOCIALLY DISADVANTAGED FARMER, RANCH-
nutrition assistance program established under such funds to address learning loss through the
ER, OR FOREST LANDOWNER.—The term ‘‘socially
the Food and Nutrition Act of 2008 (7 U.S.C. implementation of evidence-based interventions,
disadvantaged farmer, rancher, or forest land-
2011 et seq.); such as summer learning, extended day, com-
owner’’ means a farmer, rancher, or owner or
(2) to modernize electronic benefit transfer prehensive afterschool programs, or extended
operator of nonindustrial private forest land
technology; school year programs, and ensure that such
who is a member of a socially disadvantaged
(3) to support the mobile technologies dem- interventions respond to students’ academic, so-
group.
onstration projects and the use of mobile tech- cial, and emotional needs and address the dis-
(3) SOCIALLY DISADVANTAGED GROUP.—The
nologies authorized under section 7(h)(14) of the proportionate impact of the coronavirus on the
term ‘‘socially disadvantaged group’’ has the
Food and Nutrition Act of 2008 (7 U.S.C. student subgroups described in section
meaning given the term in section 2501(a) of the
2016(h)(14)); and 1111(b)(2)(xi) of the Elementary and Secondary
Food, Agriculture, Conservation, and Trade Act
(4) to provide technical assistance to educate Education Act of 1965 (20 U.S.C. 6311(b)(2)(xi)),
of 1990 (7 U.S.C. 2279(a)).
retailers on the process and technical require- students experiencing homelessness, and chil-
SEC. 1007. USE OF THE COMMODITY CREDIT COR- dren and youth in foster care; and
PORATION FOR COMMODITIES AND ments for the online acceptance of the supple-
(2) shall use the remaining funds for any of
ASSOCIATED EXPENSES.. mental nutrition assistance program benefits,
the following:
In addition to amounts otherwise made avail- for mobile payments, and for electronic benefit (A) Any activity authorized by the Elemen-
able, there are appropriated for fiscal year 2021, transfer modernization initiatives. tary and Secondary Education Act of 1965.
out of any money in the Treasury not otherwise SEC. 1113. ADDITIONAL FUNDING FOR NUTRI- (B) Any activity authorized by the Individ-
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appropriated, $800,000,000, to remain available TION ASSISTANCE PROGRAMS. uals with Disabilities Education Act.
until September 30, 2022, to use the Commodity Section 704 of division N of the Consolidated (C) Any activity authorized by the Adult Edu-
Credit Corporation to acquire and make avail- Appropriations Act, 2021 (Public Law 116–260) is cation and Family Literacy Act.
able commodities under section 406(b) of the amended— (D) Any activity authorized by the Carl D.
Food for Peace Act (7 U.S.C. 1736(b)) and for ex- (1) by striking ‘‘In addition’’ and inserting the Perkins Career and Technical Education Act of
penses under such section. following: 2006.
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H778 CONGRESSIONAL RECORD — HOUSE February 26, 2021
(E) Coordination of preparedness and re- (R) Developing strategies and implementing ‘‘parent’’, ‘‘school leader’’, ‘‘Secretary’’,
sponse efforts of local educational agencies with public health protocols including, to the greatest ‘‘State’’, ‘‘state educational agency’’, and
State, local, Tribal, and territorial public health extent practicable, policies in line with guidance ‘‘technology’’ have the meanings given those
departments, and other relevant agencies, to im- from the Centers for Disease Control and Pre- terms in section 8101 of the Elementary and Sec-
prove coordinated responses among such entities vention for the reopening and operation of ondary Education Act of 1965 (20 U.S.C. 7801).
to prevent, prepare for, and respond to school facilities to effectively maintain the SEC. 2002. HIGHER EDUCATION EMERGENCY RE-
coronavirus. health and safety of students, educators, and LIEF FUND.
(F) Providing principals and others school other staff. In addition to amounts otherwise available,
leaders with the resources necessary to address (S) Other activities that are necessary to there is appropriated to the Department of Edu-
the needs of their individual schools. maintain the operation of and continuity of cation for fiscal year 2021, out of any money in
(G) Activities to address the unique needs of services in local educational agencies and con- the Treasury not otherwise appropriated,
low-income children or students, children with tinuing to employ existing staff of the local edu- $39,584,570,000, to remain available through Sep-
disabilities, English learners, racial and ethnic cational agency. tember 30, 2023, for making allocations to insti-
minorities, students experiencing homelessness, (f) STATE FUNDING.—With funds not otherwise tutions of higher education in accordance with
and foster care youth, including how outreach allocated under subsection (d), a State— the same terms and conditions of section 314 of
and service delivery will meet the needs of each (1) shall reserve not less than 5 percent of the Coronavirus Response and Relief Supplemental
population. total amount of grant funds awarded to the
(H) Developing and implementing procedures Appropriations Act, 2021 (division M of Public
State under this section to carry out, directly or Law 116–260), except that—
and systems to improve the preparedness and re- through grants or contracts, activities to ad-
sponse efforts of local educational agencies. (1) subsection (a)(1) of such section 314 shall
dress learning loss by supporting the implemen- be applied by substituting ‘‘91 percent’’ for ‘‘89
(I) Training and professional development for tation of evidence-based interventions, such as
staff of the local educational agency on sanita- percent’’;
summer learning, extended day, comprehensive (2) subsection (a)(2) of such section 314 shall
tion and minimizing the spread of infectious dis- afterschool programs, or extended school year
eases. be applied—
programs, and ensure that such interventions (A) in the matter preceding subparagraph (A),
(J) Purchasing supplies to sanitize and clean respond to students’ academic, social, and emo-
the facilities of a local educational agency, in- by substituting ‘‘under the heading ‘Higher
tional needs and address the disproportionate Education’ in the Department of Education Ap-
cluding buildings operated by such agency. impact of the coronavirus on the student sub-
(K) Planning for, coordinating, and imple- propriations Act, 2020’’ for ‘‘in the Further Con-
groups described in section 1111(b)(2)(xi) of the solidated Appropriations Act, 2020 (Public Law
menting activities during long-term closures, in-
Elementary and Secondary Education Act of 116–94)’’; and
cluding providing meals to eligible students, pro-
1965 (20 U.S.C. 6311(b)(2)(xi)), students experi- (B) in subparagraph (B), by substituting
viding technology for online learning to all stu-
encing homelessness, and children and youth in ‘‘under the heading ‘Higher Education’ in the
dents, providing guidance for carrying out re-
foster care, including by providing additional Department of Education Appropriations Act,
quirements under the IDEA and ensuring other
support to local educational agencies to fully 2020’’ for ‘‘in the Further Consolidated Appro-
educational services can continue to be provided
address such impacts; and priations Act, 2020 (Public Law 116–94)’’;
consistent with all Federal, State, and local re-
(2) may reserve not more than one-half of 1 (3) an institution that receives an allocation
quirements.
percent of the total amount of grant funds apportioned in accordance with clause (iii) of
(L) Purchasing educational technology (in-
awarded to the State under this section for ad- subsection (a)(2)(A) of such section 314 that has
cluding hardware, software, and connectivity)
ministrative costs and the remainder for emer- a total endowment size of less than $1,000,000
for students who are served by the local edu-
gency needs as determined by the state edu- (including an institution that does not have an
cational agency that aids in regular and sub-
cational agency to address issues responding to endowment) shall be treated by the Secretary as
stantive educational interaction between stu-
coronavirus, which may be addressed through having a total endowment size of $1,000,000 for
dents and their classroom instructors, including
the use of grants or contracts. the purposes of such clause (iii);
low-income students and children with disabil-
(g) EQUITABLE SERVICES.—
ities, which may include assistive technology or (1) IN GENERAL.—In carrying out subsection (4) subsection (a)(4) of such section 314 shall
adaptive equipment. (e)(1), a local educational agency shall provide be applied by substituting ‘‘1 percent’’ for ‘‘3
(M) Providing mental health services and sup- percent’’;
equitable services in the same manner as pro-
ports. (5) except as provided in paragraphs (7) and
(N) Planning and implementing activities re- vided under section 1117 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. (9) of subsection (d) of such section 314, an in-
lated to summer learning and supplemental stitution shall use a portion of funds received
afterschool programs, including providing class- 6320) to students and teachers in non-public
schools, as determined in consultation with rep- under this section to—
room instruction or online learning during the (A) implement evidence-based practices to
summer months and addressing the needs of resentatives of non-public schools, except that
the standards for a bypass (if needed because a monitor and suppress coronavirus in accordance
low-income students, children with disabilities, with public health guidelines; and
English learners, migrant students, students ex- local educational agency is prohibited by law
from providing equitable services or has sub- (B) conduct direct outreach to financial aid
periencing homelessness, and children in foster applicants about the opportunity to receive a fi-
care. stantially failed or is unwilling to provide equi-
table services) shall be solely determined by the nancial aid adjustment due to the recent unem-
(O) Addressing learning loss among students, ployment of a family member or independent
including low-income students, children with Secretary.
(2) PUBLIC CONTROL OF FUNDS.—Control of student, or other circumstances, described in
disabilities, English learners, racial and ethnic section 479A of the Higher Education Act of 1965
minorities, students experiencing homelessness, funds provided under subsection (e)(1), and title
to materials, equipment, and property pur- (20 U.S.C. 1087tt);
and children and youth in foster care, of the (6) the following shall not apply to funds pro-
local educational agency, including by— chased with such funds, shall be in a public
agency, and a public agency shall administer vided or received in accordance with this sec-
(i) administering and using high-quality as- tion—
sessments that are valid and reliable, to accu- such funds, materials, equipment, and property
and shall provide such services (or may contract (A) subsection (b) of such section 314;
rately assess students’ academic progress and (B) paragraph (2) of subsection (c) of such
assist educators in meeting students’ academic for the provision of such services with a public
or private entity). section 314;
needs, including through differentiating in- (C) paragraphs (1), (2), (4), (5), (6), and (8) of
struction; (h) REPORT.—A State receiving funds under
this section shall submit a report to the Sec- subsection (d) of such section 314;
(ii) implementing evidence-based activities to
retary, not later than 6 months after receiving (D) subsections (e) and (f) of such section 314;
meet the comprehensive needs of students;
(iii) providing information and assistance to funding provided in this section, and every 6 and
parents and families on how they can effectively months thereafter until such funds are obli- (E) section 316 of the Coronavirus Response
support students, including in a distance learn- gated, that provides a detailed accounting of the and Relief Supplemental Appropriations Act,
ing environment; and use of funds provided under this section, includ- 2021 (division M of Public Law 116–260); and
(iv) tracking student attendance and improv- ing by identifying the specific amounts used to (7) an institution that receives an allocation
ing student engagement in distance education. carry out subsections (e)(1) and (f)(1) and a de- under this section apportioned in accordance
(P) School facility repairs and improvements scription of the specific activities carried out with subparagraphs (A) through (D) of sub-
to enable operation of schools to reduce risk of under such subsections. section (a)(1) of such section 314 shall use not
virus transmission and exposure to environ- (i) REALLOCATION.—A State shall return to less than 50 percent of such allocation to pro-
mental health hazards, and to support student the Secretary any funds received under this sec- vide emergency financial aid grants to students
health needs. tion that the State does not award within 1 year in accordance with subsection (c)(3) of such sec-
(Q) Inspection, testing, maintenance, repair, of receiving such funds and the Secretary shall tion 314.
replacement, and upgrade projects to improve reallocate such funds to the remaining States in SEC. 2003. MAINTENANCE OF EFFORT AND MAIN-
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the indoor air quality in school facilities, in- accordance with subsection (c). TENANCE OF EQUITY.
cluding mechanical and non-mechanical heat- (j) ESEA TERMS.—The terms ‘‘child’’, ‘‘chil- (a) STATE MAINTENANCE OF EFFORT.—
ing, ventilation, and air conditioning systems, dren with disabilities’’, ‘‘distance education’’, (1) IN GENERAL.—As a condition of receiving
filtering, purification and other air cleaning, ‘‘elementary school’’, ‘‘English learner’’, ‘‘evi- funds under section 2001, a State shall maintain
fans, control systems, and window and door re- dence-based’’, ‘‘extended learning time’’, ‘‘sec- support for elementary and secondary edu-
pair and replacement. ondary school’’, ‘‘local educational agency’’, cation, and for higher education (which shall
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H779
include State funding to institutions of higher cational agencies for which no such data is prepare for, and respond to coronavirus includ-
education and State need-based financial aid, available, such other data as the Secretary of ing direct outreach to students and borrowers
and shall not include support for capital Education determines is satisfactory). about financial aid, economic impact payments,
projects or for research and development or tui- (2) The term ‘‘high-poverty school’’ means, means-tested benefits, unemployment assistance,
tion and fees paid by students), in each of fiscal with respect to a school served by a local edu- and tax benefits, for which the students and
years 2022 and 2023 at least at the proportional cational agency, a school that serves a higher borrowers may be eligible.
levels of such State’s support for elementary and percentage of economically disadvantaged stu- SEC. 2008. HOWARD UNIVERSITY.
secondary education and for higher education dents (as determined by any measure of poverty, In addition to amounts otherwise available,
relative to such State’s overall spending, aver- as determined by the Secretary of Education), there is appropriated to the Department of Edu-
aged over fiscal years 2017, 2018, and 2019. than the school that serves the median percent- cation for fiscal year 2021, out of any money in
(2) WAIVER.—For the purpose of relieving fis- age of economically disadvantaged students the Treasury not otherwise appropriated,
cal burdens incurred by States in preventing, based on the percentages of economically dis- $35,000,000, to remain available through Sep-
preparing for, and responding to the advantaged students— tember 30, 2023, for Howard University to pre-
coronavirus, the Secretary of Education may (A) at all schools served by such local edu- vent, prepare for, and respond to coronavirus,
waive any maintenance of effort requirements cational agency; or including to defray expenses associated with
associated with the Education Stabilization (B) at all schools within each grade-span of coronavirus (including lost revenue, reimburse-
Fund. such local educational agency. ment for expenses already incurred, technology
(b) STATE MAINTENANCE OF EQUITY.— (3) The term ‘‘overall per-pupil reduction in costs associated with a transition to distance
(1) HIGH-POVERTY LOCAL EDUCATIONAL AGEN- State funds’’ means, with respect to a fiscal education, faculty and staff trainings, and pay-
CIES.—As a condition of receiving funds under year— roll) and to provide financial aid grants to stu-
section 2001, a State educational agency shall (A) the amount of any reduction in the total dents, which may be used for any component of
not, in fiscal year 2022 or 2023, reduce State amount of State funds provided to all local edu- the student’s cost of attendance.
funding (calculated on a per-pupil basis) for cational agencies in the State in such fiscal year
SEC. 2009. NATIONAL TECHNICAL INSTITUTE FOR
any high-poverty local educational agency in compared to the total amount of such funds pro- THE DEAF.
the State by an amount that exceeds the overall vided to all local educational agencies in the In addition to amounts otherwise available,
per-pupil reduction in State funds, if any, State in the previous fiscal year; divided by there is appropriated to the Department of Edu-
across all local educational agencies in such (B) the aggregate number of children enrolled cation for fiscal year 2021, out of any money in
State in such fiscal year. in all schools served by all local educational the Treasury not otherwise appropriated,
(2) LOCAL EDUCATIONAL AGENCIES WITH HIGH- agencies in the State in the fiscal year for which $19,250,000, to remain available through Sep-
EST SHARE OF ECONOMICALLY DISADVANTAGED the determination is being made. tember 30, 2023, for the National Technical In-
STUDENT.—Notwithstanding paragraph (1), as a SEC. 2004. OUTLYING AREAS. stitute for the Deaf to prevent, prepare for, and
condition of receiving funds under section 2001, In addition to amounts otherwise available, respond to coronavirus, including to defray ex-
a State educational agency shall not, in fiscal there is appropriated to the Department of Edu- penses associated with coronavirus (including
year 2022 or 2023, reduce State funding for any cation for fiscal year 2021, out of any money in lost revenue, reimbursement for expenses al-
local educational agency that is part of the 20 the Treasury not otherwise appropriated, ready incurred, technology costs associated with
percent of local educational agencies in the $850,000,000, to remain available through Sep- a transition to distance education, faculty and
State with the highest percentage of economi- tember 30, 2023, for the Secretary of Education staff training, and payroll) and to provide fi-
cally disadvantaged students (based on the per- to allocate awards to the outlying areas on the nancial aid grants to students, which may be
centages of economically disadvantaged stu- basis of their respective needs, as determined by used for any component of the student’s cost of
dents served by all local educational agencies in the Secretary, to be allocated not more than 30 attendance.
the State on the basis of the most recent satis- calendar days after the date of enactment of SEC. 2010. INSTITUTE OF EDUCATION SCIENCES.
factory data available from the Department of this Act. In addition to amounts otherwise available,
Commerce (or, for local educational agencies for SEC. 2005. BUREAU OF INDIAN EDUCATION. there is appropriated to the Department of Edu-
which no such data is available, such other In addition to amounts otherwise available, cation for fiscal year 2021, out of any money in
data as the Secretary of Education determines is there is appropriated to the Department of Inte- the Treasury not otherwise appropriated,
satisfactory)) below the level of funding pro- rior for fiscal year 2021, out of any money in the $100,000,000, to remain available through Sep-
vided to such local educational agencies in fis- Treasury not otherwise appropriated, tember 30, 2023, for the Institute of Education
cal year 2019. $850,000,000, to remain available until expended, Sciences to carry out research related to ad-
(c) LOCAL EDUCATIONAL AGENCY MAINTE- for the Secretary of the Interior for awards, dressing learning loss caused by the coronavirus
NANCE OF EQUITY FOR HIGH-POVERTY which awards shall be determined and funds for among the student subgroups described in sec-
SCHOOLS.—As a condition of receiving funds such awards allocated by the Secretary of the tion 1111(b)(2)(xi) of the Elementary and Sec-
under section 2001, a local educational agency Interior not more than 30 calendar days after ondary Education Act of 1965 (20 U.S.C.
shall not, in fiscal year 2022 or 2023— the date of enactment of this Act, for programs 6311(b)(2)(xi)) and students experiencing home-
(1) reduce per-pupil funding (from combined operated or funded by the Bureau of Indian lessness and children and youth in foster care,
State and local funding) for any high-poverty Education, for Bureau-funded schools (as de- and to disseminate such findings to State edu-
school served by such local educational agency fined in section 1141(3) of the Education Amend- cational agencies and local educational agencies
by an amount that exceeds— ments of 1978 (25 U.S.C. 2021(3)), and for Tribal
(A) the total reduction in local educational and other appropriate entities.
Colleges or Universities (as defined in section SEC. 2011. PROGRAM ADMINISTRATION.
agency funding (from combined State and local 316(b)(3) of the Higher Education Act of 1965 (20
funding) for all schools served by the local edu- In addition to amounts otherwise available,
U.S.C. 1059c(b)(3))). there is appropriated to the Department of Edu-
cational agency in such fiscal year (if any); di-
SEC. 2006. GALLAUDET UNIVERSITY. cation for fiscal year 2021, out of any money in
vided by
(B) the number of children enrolled in all In addition to amounts otherwise available, the Treasury not otherwise appropriated,
schools served by the local educational agency there is appropriated to the Department of Edu- $15,000,000, to remain available through Sep-
in such fiscal year; or cation for fiscal year 2021, out of any money in tember 30, 2024, for Program Administration
(2) reduce per-pupil, full-time equivalent staff the Treasury not otherwise appropriated, within the Department of Education to prevent,
in any high-poverty school by an amount that $19,250,000, to remain available through Sep- prepare for, and respond to coronavirus, and for
exceeds— tember 30, 2023, for the Kendall Demonstration salaries and expenses necessary to implement
(A) the total reduction in full-time equivalent Elementary School, the Model Secondary School this part.
staff in all schools served by such local edu- for the Deaf, and Gallaudet University to pre- SEC. 2012. OFFICE OF INSPECTOR GENERAL.
cational agency in such fiscal year (if any); di- vent, prepare for, and respond to coronavirus, In addition to amounts otherwise available,
vided by domestically or internationally, including to de- there is appropriated to the Department of Edu-
(B) the number of children enrolled in all fray expenses associated with coronavirus (in- cation for fiscal year 2021, out of any money in
schools served by the local educational agency cluding lost revenue, reimbursement for ex- the Treasury not otherwise appropriated,
in such fiscal year. penses already incurred, technology costs asso- $5,000,000, to remain available until expended,
(d) DEFINITIONS.—In this section: ciated with a transition to distance education, for the Office of Inspector General of the De-
(1) The term ‘‘high-poverty local educational faculty and staff trainings, and payroll) and to partment of Education, for salaries and ex-
agency’’ means, with respect to a local edu- provide financial aid grants to students, which penses necessary for oversight, investigations,
cational agency in a State, a local educational may be used for any component of the student’s and audits of programs, grants, and projects
agency that serves a higher percentage of eco- cost of attendance. funded under this part carried out by the Office
nomically disadvantaged students than the local SEC. 2007. STUDENT AID ADMINISTRATION. of Inspector General.
educational agency that serves the median per- In addition to amounts otherwise available, SEC. 2013. MODIFICATION OF REVENUE REQUIRE-
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centage of economically disadvantaged students, there is appropriated to the Department of Edu- MENTS FOR PROPRIETARY INSTITU-
based on the percentages of economically dis- cation for fiscal year 2021, out of any money in TIONS OF HIGHER EDUCATION.
advantaged students served by all local edu- the Treasury not otherwise appropriated, (a) IN GENERAL.—Section 487(a)(24) of the
cational agencies in such State, on the basis of $91,130,000, to remain available through Sep- Higher Education Act of 1965 (20 U.S.C.
the most recent satisfactory data available from tember 30, 2023, for Student Aid Administration 1094(a)(24)) is amended by striking ‘‘funds pro-
the Department of Commerce (or, for local edu- within the Department of Education to prevent, vided under this title’’ and inserting ‘‘Federal
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H780 CONGRESSIONAL RECORD — HOUSE February 26, 2021
funds that are disbursed or delivered to or on SEC. 2024. COVID-19 RESPONSE RESOURCES FOR 1938 (29 U.S.C. 203(m)(2)(A)(i)) is amended to
behalf of a student to be used to attend such in- THE PRESERVATION AND MAINTE- read as follows:
NANCE OF NATIVE AMERICAN LAN- ‘‘(i) the cash wage paid such employee, which
stitution (referred to in this paragraph and sub-
GUAGES.
section (d) as ‘Federal education assistance for purposes of such determination shall be not
funds’)’’. (a) Section 816 of the Native American Pro- less than—
grams Act of 1974 (42 U.S.C. 2992d) is amended ‘‘(I) for the 1-year period beginning on the ef-
(b) IMPLEMENTATION OF NON-FEDERAL REV-
by adding at the end the following: fective date under section 2101(e) of the Amer-
ENUE REQUIREMENT.—Section 487(d) of the
‘‘(f) In addition to amounts otherwise avail- ican Rescue Plan Act of 2021, $4.95 an hour;
Higher Education Act of 1965 (20 U.S.C. 1094(d)) able, there is appropriated for fiscal year 2021,
is amended— ‘‘(II) for each succeeding 1-year period until
out of any money in the Treasury not otherwise the hourly wage under this clause equals the
(1) in the subsection heading, by striking appropriated, $10,000,000 to remain available wage in effect under section 6(a)(1) for such pe-
‘‘Non-title IV’’ and inserting ‘‘Non-Federal’’; until expended, to carry out section 803C(g) of riod, an hourly wage equal to the amount deter-
and this Act.’’. mined under this clause for the preceding year,
(2) in paragraph (1)(C), by striking ‘‘funds for (b) Section 803C of the Native American Pro- increased by the lesser of—
a program under this title’’ and inserting ‘‘Fed- grams Act of 1974 (42 U.S.C. 2991b-3) is amended ‘‘(aa) $2.00; or
eral education assistance funds’’. by adding at the end the following: ‘‘(bb) the amount necessary for the wage in
PART 2—MISCELLANEOUS ‘‘(g) EMERGENCY GRANTS FOR NATIVE AMER- effect under this clause to equal the wage in ef-
ICAN LANGUAGE PRESERVATION AND MAINTE- fect under section 6(a)(1) for such period,
SEC. 2021. NATIONAL ENDOWMENT FOR THE
NANCE.—Not later than 180 days after the effec- rounded up to the nearest multiple of $0.05; and
ARTS.
tive date of this subsection, the Secretary shall ‘‘(III) for each succeeding 1-year period after
In addition to amounts otherwise available, award grants to entities eligible to receive assist- all increases are made pursuant to subclause
there is appropriated for fiscal year 2021, out of ance under subsection (a) to ensure the survival (II), the minimum wage in effect under section
any money in the Treasury not otherwise appro- and continuing vitality of Native American lan- 6(a)(1); and’’.
priated, $135,000,000, to remain available until guages during and after the public health emer- (2) SCHEDULED REPEAL OF SEPARATE MINIMUM
expended, under the National Foundation on gency declared by the Secretary pursuant to sec- WAGE FOR TIPPED EMPLOYEES.—
the Arts and the Humanities Act of 1965, as fol- tion 319 of the Public Health Service Act (42 (A) TIPPED EMPLOYEES.—Section 3(m)(2)(A) of
lows: U.S.C. 247d) with respect to the COVID–19 pan- the Fair Labor Standards Act of 1938 (29 U.S.C.
(1) Forty percent shall be for grants, and rel- demic.’’. 203(m)(2)(A)), as amended by paragraph (1), is
evant administrative expenses, to State arts further amended by striking the sentence begin-
Subtitle B—Labor Matters
agencies and regional arts organizations that ning with ‘‘In determining the wage an em-
support organizations’ programming and gen- SEC. 2101. RAISING THE FEDERAL MINIMUM
WAGE.
ployer is required to pay a tipped employee,’’
eral operating expenses to cover up to 100 per- and all that follows through ‘‘of this sub-
cent of the costs of the programs which the (a) MINIMUM WAGE INCREASES.—
(1) IN GENERAL.—Section 6(a)(1) of the Fair section.’’ and inserting ‘‘The wage required to
grants support, to prevent, prepare for, respond be paid to a tipped employee shall be the wage
to, and recover from the coronavirus. Labor Standards Act of 1938 (29 U.S.C.
206(a)(1)) is amended to read as follows: set forth in section 6(a)(1).’’.
(2) Sixty percent shall be for direct grants, (B) EFFECTIVE DATE.—The amendments made
‘‘(1) except as otherwise provided in this sec-
and relevant administrative expenses, that sup- by subparagraph (A) shall take effect on the
tion, not less than—
port organizations’ programming and general date that is 1 day after the date on which the
‘‘(A) $9.50 an hour, beginning on the effective
operating expenses to cover up to 100 percent of hourly wage under subclause (III) of section
date under section 2101(e) of the American Res-
the costs of the programs which the grants sup- 3(m)(2)(A)(i) of the Fair Labor Standards Act of
cue Plan Act of 2021;
port, to prevent, prepare for, respond to, and re- ‘‘(B) $11.00 an hour, beginning 1 year after 1938 (29 U.S.C. 203(m)(2)(A)(i)), as amended by
cover from the coronavirus. such effective date; paragraph (1), takes effect.
SEC. 2022. NATIONAL ENDOWMENT FOR THE HU- (3) PENALTIES.—Section 16 of the Fair Labor
‘‘(C) $12.50 an hour, beginning 2 years after
MANITIES. Standards Act of 1938 (29 U.S.C. 216) is amend-
such effective date;
In addition to amounts otherwise available, ‘‘(D) $14.00 an hour, beginning 3 years after ed—
(A) in the third sentence of subsection (b), by
there is appropriated for fiscal year 2021, out of such effective date;
inserting ‘‘or used’’ after ‘‘kept’’; and
any money in the Treasury not otherwise appro- ‘‘(E) $15.00 an hour, beginning 4 years after
(B) in the second sentence of subsection (e)(2),
priated, $135,000,000, to remain available until such effective date; and
by inserting ‘‘or used’’ after ‘‘kept’’.
expended, under the National Foundation on ‘‘(F) beginning on the date that is 5 years
(c) NEWLY HIRED EMPLOYEES WHO ARE LESS
the Arts and the Humanities Act of 1965, as fol- after such effective date, and annually there-
THAN 20 YEARS OLD.—
lows: after, the amount determined by the Secretary (1) IN GENERAL.—Section 6(g)(1) of the Fair
(1) Forty percent shall be for grants, and rel- under subsection (h);’’. Labor Standards Act of 1938 (29 U.S.C. 206(g)(1))
evant administrative expenses, to State human- (2) DETERMINATION BASED ON INCREASE IN THE is amended by striking ‘‘a wage which is not less
ities councils that support humanities organiza- MEDIAN HOURLY WAGE OF ALL EMPLOYEES.—Sec-
than $4.25 an hour.’’ and inserting the fol-
tions’ programming and general operating ex- tion 6 of the Fair Labor Standards Act of 1938 lowing: ‘‘a wage at a rate that is not less than—
penses to cover up to 100 percent of the costs of (29 U.S.C. 206) is amended by adding at the end ‘‘(A) for the 1-year period beginning on the ef-
the programs which the grants support, to pre- the following: fective date under section 2101(e) of the Amer-
vent, prepare for, respond to, and recover from ‘‘(h)(1) Not later than each date that is 90 ican Rescue Plan Act of 2021, $6.00 an hour;
the coronavirus. days before a new minimum wage determined ‘‘(B) for each succeeding 1-year period until
(2) Sixty percent shall be for direct grants, under subsection (a)(1)(F) is to take effect, the the hourly wage under this paragraph equals
and relevant administrative expenses, that sup- Secretary shall determine the minimum wage to the wage in effect under section 6(a)(1) for such
port humanities organizations’ programming be in effect under this subsection for each period period, an hourly wage equal to the amount de-
and general operating expenses to cover up to described in subsection (a)(1)(F). The wage de- termined under this paragraph for the preceding
100 percent of the costs of the programs which termined under this subsection for a year shall year, increased by the lesser of—
the grants support, to prevent, prepare for, re- be— ‘‘(i) $1.75; or
spond to, and recover from the coronavirus. ‘‘(A) not less than the amount in effect under ‘‘(ii) the amount necessary for the wage in ef-
subsection (a)(1) on the date of such determina- fect under this paragraph to equal the wage in
SEC. 2023. INSTITUTE OF MUSEUM AND LIBRARY
SERVICES.
tion; effect under section 6(a)(1) for such period,
‘‘(B) increased from such amount by the an- rounded up to the nearest multiple of $0.05; and
In addition to amounts otherwise available, nual percentage increase, if any, in the median ‘‘(C) for each succeeding 1-year period after
there is appropriated to the Institute of Museum hourly wage of all employees as determined by all increases are made pursuant to subpara-
and Library Services for fiscal year 2021, out of the Bureau of Labor Statistics; and graph (B), the minimum wage in effect under
any money in the Treasury not otherwise appro- ‘‘(C) rounded up to the nearest multiple of section 6(a)(1).’’.
priated, $200,000,000, to remain available until $0.05. (2) SCHEDULED REPEAL OF SEPARATE MINIMUM
expended, for necessary expenses to carry out ‘‘(2) In calculating the annual percentage in- WAGE FOR NEWLY HIRED EMPLOYEES WHO ARE
museum and library services. The Director of the crease in the median hourly wage of all employ- LESS THAN 20 YEARS OLD.—
Institute of Museum and Library Services shall ees for purposes of paragraph (1)(B), the Sec- (A) IN GENERAL.—Section 6(g)(1) of the Fair
award not less than 89 percent of such funds to retary, through the Bureau of Labor Statistics, Labor Standards Act of 1938 (29 U.S.C. 206(g)),
State library administrative agencies by apply- shall compile data on the hourly wages of all as amended by paragraph (1), shall be repealed.
ing the formula in section 221(b) of the Museum employees to determine such a median hourly (B) EFFECTIVE DATE.—The repeal made by
and Library Services Act, except that— wage and compare such median hourly wage for subparagraph (A) shall take effect on the date
(1) section 221(b)(3)(A) of such Act shall be the most recent year for which data are avail- that is 1 day after the date on which the hourly
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applied by substituting ‘‘$2,000,000’’ for able with the median hourly wage determined wage under subparagraph (C) of section 6(g)(1)
‘‘$680,000’’ and by substituting ‘‘$200,000’’ for for the preceding year.’’. of the Fair Labor Standards Act of 1938 (29
‘‘$60,000’’; and (b) TIPPED EMPLOYEES.— U.S.C. 206(g)(1)), as amended by paragraph (1),
(2) section 221(b)(3)(C) and subsections (b) (1) BASE MINIMUM WAGE FOR TIPPED EMPLOY- takes effect.
and (c) of section 223 of such Act shall not EES AND TIPS RETAINED BY EMPLOYEES.—Section (d) PROMOTING ECONOMIC SELF-SUFFICIENCY
apply to funds provided under this section. 3(m)(2)(A)(i) of the Fair Labor Standards Act of FOR INDIVIDUALS WITH DISABILITIES.—
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H781
(1) PROHIBITION ON NEW SPECIAL CERTIFI- (2) $12,500,000 shall be for the Office of Inspec- claim under section 12 or 13 of the Longshore
CATES.— tor General. and Harbor Workers’ Compensation Act (33
(A) IN GENERAL.—Section 14(c) of the Fair SEC. 2103. ELIGIBILITY FOR WORKERS’ COM- U.S.C. 912, 913), respectively, relating to such
Labor Standards Act of 1938 (29 U.S.C. 214(c)) is PENSATION BENEFITS FOR FEDERAL diagnosis or order shall be conclusively pre-
amended by adding at the end the following: EMPLOYEES DIAGNOSED WITH sumed to have an injury arising out of or in the
‘‘(6) PROHIBITION ON NEW SPECIAL CERTIFI- COVID–19. course of employment for the purpose of com-
CATES.—Notwithstanding paragraph (1), the (a) IN GENERAL.—Subject to subsection (c), a pensation under the Longshore and Harbor
Secretary shall not issue a special certificate covered employee shall, with respect to any Workers’ Compensation Act.
under this subsection to an employer that was claim made by or on behalf of the covered em- (2) COVERED EMPLOYEE.—In this section, the
not issued a special certificate under this sub- ployee for benefits under subchapter I of chap- term ‘‘covered employee’’ means an individual
section before the date of enactment of the ter 81 of title 5, United States Code, be deemed who, at any time during the period beginning
American Rescue Plan Act of 2021.’’. to have an injury proximately caused by expo- January 27, 2020, and ending on January 27,
(B) EFFECTIVE DATE.—The amendment made sure to the novel coronavirus arising out of the 2023—
by subparagraph (A) shall take effect on the nature of the covered employee’s employment. (A) is an employee; and
date of enactment of this Act. Such covered employee, or a beneficiary of such (B) is—
(2) TRANSITION TO FAIR WAGES FOR INDIVID- an employee, shall be entitled to such benefits (i) diagnosed with COVID–19; or
UALS WITH DISABILITIES.—Subparagraph (A) of for such claim, including disability compensa- (ii) ordered not to return to work by the em-
section 14(c)(1) of the Fair Labor Standards Act tion, medical services, and survivor benefits. ployee’s employer or by a local, State, or Fed-
of 1938 (29 U.S.C. 214(c)(1)) is amended to read (b) DEFINITIONS.—In this section, the fol- eral agency because of exposure, or the risk of
as follows: lowing: exposure, to 1 or more individuals diagnosed
‘‘(A) at a rate that equals or exceeds, for each (1) COVERED EMPLOYEE.— with COVID–19 in the workplace.
year, the greater of— (A) IN GENERAL.—The term ‘‘covered em- (3) LIMITATION.—This section shall not apply
‘‘(i)(I) $5.00 an hour, beginning on the effec- ployee’’ means an individual— with respect to a covered employee who—
tive date under section 2101(e) of the American (i) who is an employee under section 8101(1) of (A) provides notice or files a claim described
Rescue Plan Act of 2021; title 5, United States Code, employed in the Fed- in paragraph (1) on or before the date of the en-
‘‘(II) $7.50 an hour, beginning 1 year after eral service at anytime during the period begin- actment of this Act; and
such effective date; ning on January 27, 2020, and ending on Janu- (B) is determined to be entitled to the com-
‘‘(III) $10.00 an hour, beginning 2 years after ary 27, 2023; pensation described in paragraph (1) or award-
such effective date; (ii) who is diagnosed with COVID–19 during ed such compensation if such determination or
‘‘(IV) $12.50 an hour, beginning 3 years after such period; and award is made on or before such date.
such effective date; (iii) who, during a covered exposure period (4) DENIALS ON OR BEFORE THE DATE OF EN-
‘‘(V) $15.00 an hour, beginning 4 years after prior to such diagnosis, carries out duties that— ACTMENT.—Paragraph (1) shall apply with re-
such effective date; and (I) require contact with patients, members of spect to a covered employee who is determined
‘‘(VI) the wage rate in effect under section the public, or co-workers; or not to be entitled to, or who is not awarded,
6(a)(1), beginning 5 years after such effective (II) include a risk of exposure to the novel compensation described in paragraph (1) if such
date; or coronavirus. determination or decision not to award such
‘‘(ii) if applicable, the wage rate in effect on (B) TELEWORKING EXCEPTION.—The term compensation is made on or before the date of
the day before the date of enactment of the ‘‘covered employee’’ does not include any em- enactment of this Act.
American Rescue Plan Act of 2021 for the em- ployee otherwise covered by subparagraph (A) (5) EXCLUSION.— The Secretary shall not con-
ployment, under a special certificate issued who is exclusively teleworking during a covered sider any compensation paid with respect to a
under this paragraph, of the individual for exposure period, regardless of whether such em- notice or claim described in subsection (a), in-
whom the wage rate is being determined under ployment is full time or part time. cluding compensation for disability, death bene-
this subparagraph,’’. (2) COVERED EXPOSURE PERIOD.—The term fits, funeral and burial expenses, and medical
(3) SUNSET.—Section 14(c) of the Fair Labor ‘‘covered exposure period’’ means, with respect expenses, in calculating the annual assessments
Standards Act of 1938 (29 U.S.C. 214(c)) is fur- to a diagnosis of COVID–19, the period begin- under section 44(c)(2) of the Longshore and
ther amended by adding at the end the fol- ning on a date to be determined by the Secretary Harbor Workers’ Compensation Act (33 U.S.C.
lowing: of Labor. 944(c)(2)).
‘‘(7) SUNSET.—Beginning on the day after the (3) NOVEL CORONAVIRUS.—The term ‘‘novel (b) REIMBURSEMENT.—
date on which the wage rate described in para- coronavirus’’ means SARS–CoV–2 or another (1) IN GENERAL.—
graph (1)(A)(i)(VI) takes effect, the authority to coronavirus declared to be a pandemic by public (A) ENTITLEMENT.—Subject to subparagraph
issue special certificates under paragraph (1) health authorities. (B) and to the availability of appropriations
shall expire, and no special certificates issued (c) LIMITATION.— and limitation on payments under subsection
under paragraph (1) shall have any legal ef- (1) DETERMINATIONS MADE ON OR BEFORE THE (c), an employer of a covered employee or the
fect.’’. DATE OF ENACTMENT.—This section shall not employer’s carrier shall be entitled to reimburse-
(e) GENERAL EFFECTIVE DATE.—Except as oth- apply with respect to a covered employee who is ment for any compensation paid with respect to
erwise provided in this section, or the amend- determined to be entitled to benefits under sub- a notice or claim described in subsection (a), in-
ments made by this section, this section and the chapter I of chapter 81 of title 5, United States cluding disability benefits, funeral and burial
amendments made by this section shall take ef- Code, for a claim described in subsection (a) if expenses, medical or other related costs for
fect on the first day of the third month that be- such determination is made on or before the treatment and care, and reasonable and nec-
gins after the date of the enactment of this Act. date of enactment of this Act. essary allocated claims expenses.
SEC. 2102. FUNDING FOR DEPARTMENT OF LABOR (2) LIMITATION ON DURATION OF BENEFITS.— (B) SAFETY AND HEALTH REQUIREMENTS.—To
WORKER PROTECTION ACTIVITIES. No funds are authorized to be appropriated to be entitled to reimbursement under subpara-
(a) APPROPRIATION.—In addition to amounts pay, and no benefits may be paid for, claims ap- graph (A)—
otherwise made available, out of any funds in proved on the basis of subsection (a) after Sep- (i) an employer shall be in compliance with all
the Treasury not otherwise appropriated, there tember 30, 2030. No administrative costs related applicable safety and health guidelines and
are appropriated to the Secretary of Labor for to any such claim may be paid after such date. standards that are related to the prevention of
fiscal year 2021, $150,000,000, to remain available (d) EMPLOYEES’ COMPENSATION FUND.— occupational exposure to the novel coronavirus
until September 30, 2023, for the Wage and Hour (1) IN GENERAL.—The costs of benefits for that causes COVID–19, including such guide-
Division, the Office of Workers’ Compensation claims approved on the basis of subsection (a) lines and standards issued by the Occupational
Programs, the Office of the Solicitor, the Mine shall not be included in the annual statement of Safety and Health Administration, State plans
Safety and Health Administration, and the Oc- the cost of benefits and other payments of an approved under section 18 of the Occupational
cupational Safety and Health Administration to agency or instrumentality under section 8147(b) Safety and Health Act of 1970 (29 U.S.C. 667),
carry out COVID–19 related worker protection of title 5, United States Code. and the National Institute for Occupational
activities, and for the Office of Inspector Gen- (2) FAIR SHARE PROVISION.—Costs of adminis- Safety and Health; and
eral for oversight of the Secretary’s activities to tration for claims described in paragraph (1)— (ii) a carrier—
prevent, prepare for, and respond to COVID–19. (A) may be paid from the Employees’ Com- (I) shall be a carrier for an employer that is in
(b) ALLOCATION OF AMOUNTS.—Amounts ap- pensation Fund; and compliance with clause (i); and
propriated under subsection (a) shall be allo- (B) shall not be subject to the fair share provi- (II) shall not adjust the experience rating or
cated as follows: sion in section 8147(c) of title 5, United States the annual premium of the employer based upon
(1) Not less than $75,000,000 shall be for the Code. the compensation paid by the carrier with re-
Occupational Safety and Health Administra- SEC. 2104. COMPENSATION PURSUANT TO THE spect to a notice or claim described in subpara-
tion, of which $10,000,000 shall be for Susan LONGSHORE AND HARBOR WORK- graph (A).
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Harwood training grants and not less than ERS’ COMPENSATION ACT. (2) REIMBURSEMENT PROCEDURES.—
$5,000,000 shall be for enforcement activities re- (a) CLAIMS RELATED TO COVID–19.— (A) IN GENERAL.—Subject to subsection (c), to
lated to COVID–19 at high risk workplaces in- (1) IN GENERAL.—Subject to subsection (c), a receive reimbursement under paragraph (1)—
cluding health care, meat and poultry proc- covered employee who receives a diagnosis or is (i) a claim for such reimbursement shall be
essing facilities, agricultural workplaces and subject to an order described in paragraph submitted to the Secretary of Labor—
correctional facilities. (2)(B) and who provides notice of or files a (I) not earlier than—
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H782 CONGRESSIONAL RECORD — HOUSE February 26, 2021
(aa) the date on which a compensation order fiscal year 2021, out of any money in the Treas- (1) COVID–19 PUBLIC HEALTH EMERGENCY.—
(as described in section 19(e) of the Longshore ury not otherwise appropriated, $1,444,000,000, The term ‘‘COVID–19 public health emergency’’
and Harbor Workers’ Compensation Act (33 to remain available until expended, to carry out means the public health emergency declared by
U.S.C. 919(e))) is issued that fixes entitlement to the Older Americans Act of 1965. the Secretary of Health and Human Services
benefits; or (b) ALLOCATION OF AMOUNTS.—Amounts made under section 319 of the Public Health Service
(bb) the date on which— available by subsection (a) shall be available as Act (42 U.S.C. 247d) on January 31, 2020, with
(AA) a payment is made under such Act; follows: respect to COVID–19, including any renewal of
(BB) entitlement to benefits is established (1) $750,000,000 shall be available to carry out the declaration.
under such Act; and part C of title III of such Act. (2) ELIGIBLE CHILD CARE PROVIDER.—The term
(CC) the rate of compensation and period of (2) $25,000,000 shall be available to carry out ‘‘eligible child care provider’’ means an eligible
payment is relatively fixed and known; and title VI of such Act, including part C of such child care provider as defined in section 658P of
(II) not later than one year after the final title. the Child Care and Development Block Grant
payment of compensation to a covered employee (3) $470,000,000 shall be available to carry out Act of 1990 (42 U.S.C. 9858n) or a child care pro-
pursuant to this section; and part B of title III of such Act, including for— vider that is licensed, regulated, or registered in
(ii) an employer and the employer’s carrier (A) supportive services of the types made the State, territory, or Indian Tribe on the date
shall make, keep, and preserve such records, available for fiscal year 2020; of enactment of this Act and meets applicable
make such reports, and provide such informa- (B) efforts related to COVID–19 vaccination State and local health and safety requirements.
tion, as the Secretary of Labor determines nec- outreach, including education, communication, (b) GRANTS.—From the amounts appropriated
essary or appropriate to carry out this section. transportation, and other activities to facilitate to carry out this section and under the author-
(B) COMMUTATION OF COMPENSATION INSTALL- vaccination of older individuals; and ity of section 658O of the Child Care and Devel-
MENTS.—The Secretary may commute future (C) prevention and mitigation activities re- opment Block Grant Act of 1990 (42 U.S.C.
compensation installments with respect to a lated to COVID–19 focused on addressing ex- 9858m) and this section, the Secretary shall
claim under this section. tended social isolation among older individuals, award to each lead agency a child care sta-
(c) APPROPRIATIONS.— including activities for investments in techno- bilization grant, without regard to the require-
(1) IN GENERAL.—A reimbursement under sub- logical equipment and solutions or other strate- ments in subparagraphs (C) and (E) of section
section (b) shall be paid out of the Longshore gies aimed at alleviating negative health effects 658E(c)(3), and in section 658G, of the Child
COVID–19 Fund established in section 45 of the of social isolation due to long-term stay-at-home Care and Development Block Grant Act of 1990
Longshore and Harbor Workers’ Compensation recommendations for older individuals for the (42 U.S.C. 9858c(c)(3), 9858e). Such grant shall
Act (in this section, referred to as the duration of the COVID–19 public health emer- be allotted in accordance with section 658O of
‘‘Longshore COVID–19 Fund’’). gency;
(2) FUNDS.—In addition to amounts otherwise the Child Care and Development Block Grant
(4) $44,000,000 shall be available to carry out
available, there are authorized to be appro- Act of 1990 (42 U.S.C. 9858m).
part D of title III of such Act. (c) STATE RESERVATIONS AND SUBGRANTS.—
priated, and there are appropriated, out of any (5) $145,000,000 shall be available to carry out (1) RESERVATION.—A lead agency for a State
money in the Treasury not otherwise appro- part E of title III of such Act. that receives a child care stabilization grant
priated, such sums as may be necessary for the (6) $10,000,000 shall be available to carry out
pursuant to subsection (b) shall reserve not more
period beginning on the date of enactment of the long-term care ombudsman program under
than 10 percent of such grant funds to admin-
this Act and ending on September 30, 2030, to title VII of such Act.
ister subgrants, provide technical assistance and
the Longshore COVID–19 Fund for each reim- SEC. 2203.
CHILD CARE AND DEVELOPMENT
support for applying for and accessing the
bursement paid out of such Fund under sub- BLOCK GRANT PROGRAM.
subgrant opportunity, publicize the availability
section (b). (a) CHILD CARE AND DEVELOPMENT BLOCK
of the subgrants carry out activities to increase
(3) LIMITATION.—With respect to a notice or GRANT FUNDING.—In addition to amounts other-
claim for benefits approved on the basis of sub- the supply of child care, and provide technical
wise available, there is appropriated for fiscal
section (a), no payments may be made from the assistance to help child care providers imple-
year 2021, out of any amounts in the Treasury
Longshore COVID–19 Fund or the special fund ment policies as described in paragraph
not otherwise appropriated, $14,990,000,000, to
established under section 44 of the Longshore (2)(D)(i).
remain available through September 30, 2021, to
(2) SUBGRANTS TO QUALIFIED CHILD CARE PRO-
and Harbor Workers’ Compensation Act (33 carry out the program authorized under section VIDERS.—
U.S.C. 944) after September 30, 2030, for benefits, 658C of the Child Care and Development Block (A) IN GENERAL.—The lead agency shall use
reimbursements, or other expenditures relating Grant Act of 1990 (42 U.S.C. 9858a) without re- the remainder of the grant funds awarded pur-
to such claim. gard to requirements in sections 658E(c)(3)(E) or suant to subsection (b) to make subgrants to
(4) FINAL ACTION.—The action of the Sec- 658G of such Act (42 U.S.C. 9858c(c)(3), 9858e). qualified child care providers described in sub-
retary in allowing or denying any reimburse- Payments made to States, territories, Indian paragraph (B), regardless of such a provider’s
ment under subsection (b) shall be final and Tribes, and Tribal organizations from funds previous receipt of other Federal assistance, to
conclusive on all questions of law and fact. made available under this subsection shall be
(d) DEFINITIONS.—In this section: support the stability of the child care sector dur-
obligated in fiscal year 2021 or the succeeding 2 ing and after the COVID–19 public health emer-
(1) LHWCA TERMS.—The terms ‘‘carrier’’, fiscal years. States, territories, Indian Tribes,
‘‘compensation’’, ‘‘employee’’, and ‘‘employer’’ gency.
and Tribal organizations are authorized to use (B) QUALIFIED CHILD CARE PROVIDER.—To be
have the meanings given the terms in section 2 such funds to provide child care assistance to qualified to receive a subgrant under this para-
of the Longshore and Harbor Workers’ Com- health care sector employees, emergency re- graph, a provider shall be an eligible child care
pensation Act (33 U.S.C. 902). sponders, sanitation workers, and other workers
(2) NOVEL CORONAVIRUS.—The term ‘‘novel provider that on the date of submission of an
deemed essential during the response to application for the subgrant, was either—
coronavirus’’ means SARS–CoV–2 or any other coronavirus by public officials, without regard
coronavirus declared to be a pandemic by public (i) open and available to provide child care
to the income eligibility requirements of section services; or
health authorities. 658P(4) of the Child Care and Development
(e) LONGSHORE COVID–19 FUND.—The (ii) closed due to public health, financial
Block Grant Act (42 U.S.C. 9858n(4)). hardship, or other reasons relating to the
Longshore and Harbor Workers’ Compensation (b) CHILD CARE STABILIZATION FUNDING.—In
Act (33 U.S.C. 901) is amended by adding after COVID–19 public health emergency.
addition to amounts otherwise available, there (C) SUBGRANT AMOUNT.—The amount of such
section 44 the following: is appropriated for fiscal year 2021, out of any a subgrant to a qualified child care provider
‘‘SEC. 45. LONGSHORE COVID–19 FUND. amounts in the Treasury not otherwise appro- shall be based on the provider’s stated current
‘‘(a) IN GENERAL.—There is established in the priated, $23,975,000,000, to remain available operating expenses, including costs associated
United States Department of Labor the through September 30, 2021, for grants under with providing or preparing to provide child
Longshore COVID–19 Fund (in this section, re- section 2204 of this subtitle. Such grants shall be care services during the COVID–19 public health
ferred to as the ‘Fund’), which consists of sums allotted in accordance with section 658O of the emergency, and to the extent practicable, cover
that are appropriated to the Fund under section Child Care and Development Block Grant Act of sufficient operating expenses to ensure contin-
2104(c)(2) of the American Rescue Act of 2021. 1990 (42 U.S.C. 9858m), except that the require- uous operations for the intended period of the
‘‘(b) EXPENDITURES.—Amounts in the Fund ments in subparagraphs (C) and (E) of section subgrant.
shall be available for the reimbursement of an 658E(c)(3) and in section 658G of such Act (42 (D) APPLICATION.—The lead agency shall—
employer or the employer’s carrier for payment U.S.C. 9858c(c)(3), 9858e) shall not apply. (i) make available on the lead agency’s
of compensation, death benefits, and other bene- (c) ADMINISTRATIVE COSTS.—In addition to website an application for qualified child care
fits and expenses paid under this Act when re- amounts otherwise available, there is appro- providers that includes certifications that, for
imbursement is required under section 2104(b) of priated for fiscal year 2021, out of any amounts the duration of the subgrant—
the American Rescue Act of 2021, subject to any in the Treasury not otherwise appropriated, (I) the provider applying will, when open and
limitations in such section.’’. $35,000,000, to remain available through Sep- available to provide child care services, imple-
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Subtitle C—Human Services and Community tember 30, 2025, for the costs of providing tech- ment policies in line with guidance from the cor-
Supports nical assistance and conducting research and responding State, Tribal, and local authorities,
SEC. 2202. SUPPORTING OLDER AMERICANS AND for the administrative costs to carry out this sec- and in accordance with State, Tribal, and local
THEIR FAMILIES. tion and section 2204 of this subtitle. orders, and, to the greatest extent possible, im-
(a) APPROPRIATION.—In addition to amounts SEC. 2204. CHILD CARE STABILIZATION. plement policies in line with guidance from the
otherwise available, there is appropriated for (a) DEFINITIONS.—In this section: Centers for Disease Control and Prevention;
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H783
(II) for each employee, the provider will pay 10403) is amended by adding at the end the fol- and Human Services for fiscal year 2021, out of
not less than the full compensation, including lowing: any money in the Treasury not otherwise appro-
any benefits, that was provided to the employee ‘‘(d) ADDITIONAL FUNDING.—For the purposes priated, the following amounts, to remain avail-
as of the date of submission of the application of carrying out this title, in addition to amounts able through September 30, 2023:
for the subgrant (referred to in this subclause as otherwise made available for such purposes, (1) $250,000,000 for carrying out the program
‘‘full compensation’’), and will not take any ac- there are appropriated, out of any amounts in authorized under section 201 of the Child Abuse
tion that reduces the weekly amount of the em- the Treasury not otherwise appropriated, for fis- Prevention and Treatment Act (42 U.S.C. 5116),
ployee’s compensation below the weekly amount cal year 2021, to remain available until ex- which shall be allocated without regard to sec-
of full compensation, or that reduces the em- pended, each of the following: tion 204(4) of such Act (42 U.S.C. 5116d(4)) and
ployee’s rate of compensation below the rate of ‘‘(1) $180,000,000 to carry out sections 301 shall be allotted to States in accordance with
full compensation, including the involuntary through 312, to be allocated in the manner de- section 203 of such Act (42 U.S.C. 5116b), except
furloughing of any employee employed on the scribed in subsection (a)(2), except that a ref- that—
date of submission of the application for the erence in subsection (a)(2) to an amount appro- (A) in subsection (b)(1)(A) of such section 203,
subgrant; and priated under subsection (a)(1) shall be consid- ‘‘70 percent’’ shall be deemed to be ‘‘100 per-
(III) the provider will provide relief from co- ered to be a reference to an amount appro- cent’’; and
payments and tuition payments for the families priated under this paragraph, and that the (B) subsections (b)(1)(B) and (c) of such sec-
enrolled in the provider’s program, to the extent matching requirement under section 306(c)(4)
tion 203 shall not apply; and
possible, and prioritize such relief for families shall not apply.
‘‘(2) $18,000,000 to carry out section 309. (2) $100,000,000 for carrying out the State
struggling to make either type of payment; and grant program authorized under section 106 of
‘‘(3) $2,000,000 to carry out section 313, of
(ii) accept and process applications submitted the Child Abuse Prevention and Treatment Act
which $1,000,000 for each fiscal year shall be al-
under this subparagraph on a rolling basis, and (42 U.S.C. 5106a), which shall be allocated with-
located to support Indian communities.’’.
provide subgrant funds in advance of provider (b) COVID–19 PUBLIC HEALTH EMERGENCY out regard to section 112(a)(2) of such Act (42
expenditures, except as provided in subsection DEFINED.—In this section, the term ‘‘COVID–19 U.S.C. 5106h(a)(2)).
(d)(2). public health emergency’’ means the public SEC. 2210. CORPORATION FOR NATIONAL AND
(E) OBLIGATION.—The lead agency shall no- COMMUNITY SERVICE AND THE NA-
health emergency declared by the Secretary of
tify the Secretary if it is unable to obligate at TIONAL SERVICE TRUST.
Health and Human Services under section 319 of
least 50 percent of the funds received pursuant (a) CORPORATION FOR NATIONAL AND COMMU-
the Public Health Service Act (42 U.S.C. 247d)
to subsection (b) that are available for sub- NITY SERVICE.—In addition to amounts other-
on January 31, 2020, with respect to COVID–19,
grants described in this paragraph within 9 wise made available, there is appropriated for
including any renewal of the declaration.
months of the date of enactment of this Act. (c) GRANTS TO SUPPORT CULTURALLY SPECIFIC fiscal year 2021, out of any money in the Treas-
(d) USES OF FUNDS.— POPULATIONS.— ury not otherwise appropriated, to the Corpora-
(1) IN GENERAL.—A qualified child care pro- (1) IN GENERAL.—In addition to amounts oth- tion for National and Community Service,
vider that receives funds through such a erwise made available, there is appropriated, $852,000,000, to remain available through Sep-
subgrant shall use the funds for at least one of out of any amounts in the Treasury not other- tember 30, 2024, to carry out subsection (b)), ex-
the following: wise appropriated, to the Secretary of Health
(A) Personnel costs, including payroll and sal- cept that amounts to carry out subsection (b)(7)
and Human Services, $49,500,000 for fiscal year shall remain available until September 30, 2026.
aries or similar compensation for an employee
2021, to be available until expended, to carry out (b) ALLOCATION OF AMOUNTS.—Amounts pro-
(including any sole proprietor or independent
this subsection (excluding Federal administra- vided by subsection (a) shall be allocated as fol-
contractor), employee benefits, premium pay, or
tive costs, for which funds are appropriated lows:
costs for employee recruitment and retention.
under subsection (e)). (1) AMERICORPS STATE AND NATIONAL.—
(B) Rent (including rent under a lease agree-
(2) USE OF FUNDS.—From amounts appro- $620,000,000 shall be used—
ment) or payment on any mortgage obligation,
priated under paragraph (1), the Secretary act- (A) to increase the living allowances of par-
utilities, facility maintenance or improvements,
ing through the Director of the Family Violence ticipants in national service programs; and
or insurance.
Prevention and Services Program, shall— (B) to make funding adjustments to existing
(C) Personal protective equipment, cleaning (A) support culturally specific community-
and sanitization supplies and services, or train- (as of the date of enactment of this Act) awards
based organizations to provide culturally spe- and award new and additional awards to enti-
ing and professional development related to cific activities for survivors of sexual assault
health and safety practices. ties to support programs described in para-
and domestic violence, to address emergent graphs (1)(B), (2)(B), (3)(B), (4)(B), and (5)(B)
(D) Purchases of or updates to equipment and
needs resulting from the COVID–19 public of subsection (a), and subsection (b)(2), of sec-
supplies to respond to the COVID–19 public
health emergency and other public health con- tion 122 of the National and Community Service
health emergency.
(E) Goods and services necessary to maintain cerns; and Act of 1990 (42 U.S.C. 12572), whether or not the
(B) support culturally specific community-
or resume child care services. entities are already grant recipients under such
based organizations that provide culturally spe-
(F) Mental health supports for children and provisions on the date of enactment of this Act,
cific activities to promote strategic partnership
employees. and notwithstanding section 122(a)(1)(B)(vi) of
(2) REIMBURSEMENT.—The qualified child care development and collaboration in responding to
the National and Community Service Act of 1990
provider may use the subgrant funds to reim- the impact of COVID–19 and other public health
(42 U.S.C. 12572(a)(1)(B)(vi)), by—
burse the provider for sums obligated or ex- concerns on survivors of sexual assault and do-
(i) prioritizing entities serving communities
pended before the date of enactment of this Act mestic violence.
(d) GRANTS TO SUPPORT SURVIVORS OF SEXUAL disproportionately impacted by COVID–19 and
for the cost of a good or service described in utilizing culturally competent and multilingual
ASSAULT.—
paragraph (1) to respond to the COVID–19 pub- (1) IN GENERAL.—In addition to amounts oth- strategies in the provision of services; and
lic health emergency. erwise made available, there is appropriated, (ii) taking into account the diversity of com-
(e) SUPPLEMENT NOT SUPPLANT.—Amounts munities and participants served by such enti-
out of any amounts in the Treasury not other-
made available to carry out this section shall be ties, including racial, ethnic, socioeconomic, lin-
wise appropriated, to the Secretary of Health
used to supplement and not supplant other Fed- guistic, or geographic diversity.
and Human Services, $198,000,000 for fiscal year
eral, State, and local public funds expended to (2) STATE COMMISSIONS.—$20,000,000 shall be
2021, to be available until expended, to carry out
provide child care services for eligible individ- used to make adjustments to existing (as of the
this subsection (excluding Federal administra-
uals. date of enactment of this Act) awards and new
tive costs, for which funds are appropriated
SEC. 2205. HEAD START. and additional awards, including awards to
under subsection (e)).
In addition to amounts otherwise available, (2) USE OF FUNDS.—From amounts appro- State Commissions on National and Community
there is appropriated for fiscal year 2021, out of priated under paragraph (1), the Secretary act- Service, under section 126(a) of the National
any amounts in the Treasury not otherwise ap- ing through the Director of the Family Violence and Community Service Act of 1990 (42 U.S.C.
propriated, $1,000,000,000, to remain available Prevention and Services Program, shall assist 12576(a)).
through September 30, 2022, to carry out the rape crisis centers in transitioning to virtual (3) VOLUNTEER GENERATION FUND.—$20,000,000
Head Start Act, including for Federal adminis- services and meeting the emergency needs of shall be used for expenses authorized under sec-
trative expenses. After reserving funds for Fed- survivors. tion 501(a)(4)(F) of the National and Community
eral administrative expenses, the Secretary shall (e) ADMINISTRATIVE COSTS.—In addition to Service Act of 1990 (42 U.S.C. 12681(a)(4)(F)),
allocate all remaining amounts to Head Start amounts otherwise made available, there is ap- which, notwithstanding section 198P(d)(1)(B) of
agencies for one-time grants, and shall allocate propriated to the Secretary of Health and that Act (42 U.S.C. 12653p(d)(1)(B)), shall be for
to each Head Start agency an amount that Human Services, out of any amounts in the grants awarded by the Corporation for National
bears the same ratio to the portion available for Treasury not otherwise appropriated, $2,500,000 and Community Service on a competitive basis.
allocations as the number of enrolled children for fiscal year 2021, to remain available until ex- (4) AMERICORPS VISTA.—$80,000,000 shall be
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served by the Head Start agency bears to the pended, for the Federal administrative costs of used for the purposes described in section 101 of
number of enrolled children served by all Head carrying out subsections (c) and (d). the Domestic Volunteer Service Act of 1973 (42
Start agencies. SEC. 2207. CHILD ABUSE PREVENTION AND U.S.C. 4951), including to increase the living al-
SEC. 2206. PROGRAMS FOR SURVIVORS. TREATMENT. lowances of volunteers, described in section
(a) IN GENERAL.—Section 303 of the Family In addition to amounts otherwise available, 105(b) of the Domestic Volunteer Service Act of
Violence Prevention and Services Act (42 U.S.C. there is appropriated to the Secretary of Health 1973 (42 U.S.C. 4955(b)).
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H784 CONGRESSIONAL RECORD — HOUSE February 26, 2021
(5) NATIONAL SENIOR SERVICE CORPS.— (2) USE OF INCREASED AMOUNT.—A State agen- (B) by inserting ‘‘or in a covered summer pe-
$30,000,000 shall be used for the purposes de- cy that makes a notification to the Secretary riod following a school session’’ after ‘‘in ses-
scribed in section 200 of the Domestic Volunteer under paragraph (1) shall use the increased sion’’;
Service Act of 1973 (42 U.S.C. 5000). amount described in that paragraph— (2) in subsection (g), by striking ‘‘During fis-
(6) ADMINISTRATIVE COSTS.—$73,000,000 shall (A) during the applicable period described in cal year 2020, the’’ and inserting ‘‘The’’;
be used for the Corporation for National and that notification; and (3) in subsection (h)(1)—
Community Service for administrative expenses (B) only during a single applicable period. (A) by inserting ‘‘either’’ after ‘‘at least 1
to carry out programs and activities funded by (d) SUNSET.—The authority of the Secretary child enrolled in such a covered child care facil-
subsection (a). under subsection (b), and the authority of a ity and’’; and
(7) OFFICE OF INSPECTOR GENERAL.—$9,000,000 State agency to increase the amount of a cash- (B) by inserting ‘‘or a Department of Agri-
shall be used for the Office of Inspector General value voucher under subsection (c), shall termi- culture grant-funded nutrition assistance pro-
of the Corporation for National and Community nate on September 30, 2021. gram in the Commonwealth of the Northern
Service for salaries and expenses necessary for (e) FUNDING.—In addition to amounts other- Mariana Islands, Puerto Rico, or American
oversight and audit of programs and activities wise made available, there is appropriated to the Samoa’’ before ‘‘shall be eligible to receive as-
funded by subsection (a). Secretary, out of funds in the Treasury not oth- sistance’’;
(c) NATIONAL SERVICE TRUST.—In addition to erwise appropriated, $490,000,000 to carry out (4) by redesignating subsections (i) and (j) as
amounts otherwise made available, there is ap- this section, to remain available until September subsections (j) and (k), respectively;
propriated for fiscal year 2021, out of any money 30, 2022. (5) by inserting after subsection (h) the fol-
in the Treasury not otherwise appropriated, SEC. 2302. WIC PROGRAM MODERNIZATION.
lowing:
$148,000,000, to remain available until expended, ‘‘(i) EMERGENCIES DURING SUMMER.—The Sec-
In addition to amounts otherwise available, retary of Agriculture may permit a State agency
for administration of the National Service Trust,
there are appropriated to the Secretary of Agri- to extend a State agency plan approved under
and for payment to the Trust for the provision
culture, out of amounts in the Treasury not oth- subsection (b) for not more than 90 days for the
of educational awards pursuant to section
erwise appropriated, $390,000,000 for fiscal year purpose of operating the plan during a covered
145(a)(1)(A) of the National and Community
2021, to remain available until September 30, summer period, during which time schools par-
Service Act of 1990 (42 U.S.C. 12601(a)(1)(A)).
2024, to carry out outreach, innovation, and ticipating in the school lunch program under
Subtitle D—Child Nutrition & Related program modernization efforts, including appro-
Programs the Richard B. Russell National School Lunch
priate waivers and flexibility, to increase par- Act or the school breakfast program under sec-
SEC. 2301. IMPROVEMENTS TO WIC BENEFITS. ticipation in and redemption of benefits under tion 4 of the Child Nutrition Act of 1966 (42
(a) DEFINITIONS.—In this section: programs established under section 17 of the
(1) APPLICABLE PERIOD.—The term ‘‘applica- U.S.C. 1773 ) and covered child care facilities
Child Nutrition Act of 1966 (7 U.S.C. 1431), ex- shall be deemed closed for purposes of this sec-
ble period’’ means a period— cept that such waivers may not relate to the
(A) beginning after the date of enactment of tion.’’;
content of the WIC Food Packages (as defined (6) in subsection (j) (as so redesignated)—
this Act, as selected by a State agency; and in section 246.10(e) of title 7, Code of Federal
(B) ending not later than the earlier of— (A) by redesignating paragraphs (2) through
Regulations (as in effect on the date of enact- (6) as paragraphs (3) through (7), respectively;
(i) 4 months after the date described in sub-
ment of this Act)), or the nondiscrimination re- (B) by inserting after paragraph (1) the fol-
paragraph (A); or
(ii) September 30, 2021. quirements under section 246.8 of title 7, Code of lowing:
(2) CASH-VALUE VOUCHER.—The term ‘‘cash- Federal Regulations (as in effect on the date of ‘‘(2) COVERED SUMMER PERIOD.—The term
value voucher’’ has the meaning given the term enactment of this Act). ‘covered summer period’ means a summer period
in section 246.2 of title 7, Code of Federal Regu- SEC. 2303.
MEALS AND SUPPLEMENTS REIM- that follows a school year during which there
lations (as in effect on the date of the enactment BURSEMENTS FOR INDIVIDUALS was a public health emergency designation.’’;
WHO HAVE NOT ATTAINED THE AGE and
of this Act).
OF 25. (C) in paragraph (5) (as so redesignated), by
(3) PROGRAM.—The term ‘‘program’’ means
the special supplemental nutrition program for (a) PROGRAM FOR AT-RISK SCHOOL CHIL- striking ‘‘or another coronavirus with pandemic
women, infants, and children established by sec- DREN.—Beginning on the date of enactment of potential’’; and
tion 17 of the Child Nutrition Act of 1966 (42 this section, notwithstanding paragraph (1)(A) (7) in subsection (k) (as so redesignated), by
U.S.C. 1786). of section 17(r) of the Richard B. Russell Na- inserting ‘‘Federal agencies,’’ before ‘‘State
(4) QUALIFIED FOOD PACKAGE.—The term tional School Lunch Act (42 U.S.C. 1766(r)), agencies’’.
‘‘qualified food package’’ means each of the fol- during the COVID–19 public health emergency Subtitle E—COBRA Continuation Coverage
lowing food packages (as defined in section declared under section 319 of the Public Health
SEC. 2401. PRESERVING HEALTH BENEFITS FOR
246.10(e) of title 7, Code of Federal Regulations Service Act (42 U.S.C. 247d), the Secretary shall WORKERS.
(as in effect on the date of the enactment of this reimburse institutions that are emergency shel-
(a) PREMIUM ASSISTANCE FOR COBRA CON-
Act)): ters under such section 17(r) (42 U.S.C. 1766(r))
TINUATION COVERAGE FOR INDIVIDUALS AND
(A) Food Package IV–Children 1 through 4 for meals and supplements served to individuals
THEIR FAMILIES.—
years. who, at the time of such service— (1) PROVISION OF PREMIUM ASSISTANCE.—
(B) Food Package V–Pregnant and partially (1) have not attained the age of 25; and (A) REDUCTION OF PREMIUMS PAYABLE.—In
(mostly) breastfeeding women. (2) are receiving assistance, including non-res- the case of any premium for a period of coverage
(C) Food Package VI–Postpartum women. idential assistance, from such emergency shel- during the period beginning on the first day of
(D) Food Package VII–Fully breastfeeding. ter.
(5) SECRETARY.—The term ‘‘Secretary’’ means the first month beginning after the date of the
(b) PARTICIPATION BY EMERGENCY SHEL- enactment of this Act, and ending on September
the Secretary of Agriculture. TERS.—Beginning on the date of enactment of
(6) STATE AGENCY.—The term ‘‘State agency’’ 30, 2021, for COBRA continuation coverage with
this section, notwithstanding paragraph (5)(A) respect to any assistance eligible individual de-
has the meaning given the term in section 17(b) of section 17(t) of the Richard B. Russell Na-
of the Child Nutrition Act of 1966 (42 U.S.C. scribed in paragraph (3), such individual shall
tional School Lunch Act (42 U.S.C. 1766(t)), dur- be treated for purposes of any COBRA continu-
1786(b)). ing the COVID–19 public health emergency de-
(b) AUTHORITY TO INCREASE AMOUNT OF CASH- ation provision as having paid the amount of
clared under section 319 of the Public Health such premium if such individual pays (or any
VALUE VOUCHER.—During the public health
Service Act (42 U.S.C. 247d), the Secretary shall person other than such individual’s employer
emergency declared by the Secretary of Health reimburse emergency shelters under such section
and Human Services under section 319 of the pays on behalf of such individual) 15 percent of
17(t) (42 U.S.C. 1766(t)) for meals and supple- the amount of such premium.
Public Health Service Act (42 U.S.C. 247d) on ments served to individuals who, at the time of
January 31, 2020, with respect to the (B) PLAN ENROLLMENT OPTION.—
such service have not attained the age of 25. (i) IN GENERAL.—Notwithstanding the COBRA
Coronavirus Disease 2019 (COVID–19), and in (c) DEFINITIONS.—In this section:
response to challenges relating to that public continuation provisions, any assistance eligible
(1) EMERGENCY SHELTER.—The term ‘‘emer- individual who is enrolled in a group health
health emergency, the Secretary may, in car- gency shelter’’ has the meaning given the term
rying out the program, increase the amount of a plan offered by a plan sponsor may, not later
under section 17(t)(1) of the Richard B. Russell than 90 days after the date of notice of the plan
cash-value voucher under a qualified food pack- National School Lunch Act (42 U.S.C.
age to an amount that is less than or equal to enrollment option described in this subpara-
1766(t)(1)). graph, elect to enroll in coverage under a plan
$35. (2) SECRETARY.—The term ‘‘Secretary’’ means
(c) APPLICATION OF INCREASED AMOUNT OF offered by such plan sponsor that is different
the Secretary of Agriculture. than coverage under the plan in which such in-
CASH-VALUE VOUCHER TO STATE AGENCIES.—
(1) NOTIFICATION.—An increase to the amount SEC. 2304. PANDEMIC EBT PROGRAM. dividual was enrolled at the time, in the case of
of a cash-value voucher under subsection (b) Section 1101 of the Families First Coronavirus any assistance eligible individual described in
shall apply to any State agency that notifies the Response Act (7 U.S.C. 2011 note; Public Law paragraph (3), the qualifying event specified in
dlhill on DSK120RN23PROD with House
Secretary of— 116–127) is amended— section 603(2) of the Employee Retirement In-
(A) the intent to use that increased amount, (1) in subsection (a)— come Security Act of 1974, section 4980B(f)(3)(B)
without further application; and (A) by striking ‘‘During fiscal years 2020 and of the Internal Revenue Code of 1986, or section
(B) the applicable period selected by the State 2021’’ and inserting ‘‘In any school year in 2203(2) of the Public Health Service Act, except
agency during which that increased amount which there is a public health emergency des- for the voluntary termination of such individ-
shall apply. ignation’’; and ual’s employment by such individual, occurred,
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H785
and such coverage shall be treated as COBRA for the voluntary termination of such individ- 300bb–6(4)), with respect to individuals who,
continuation coverage for purposes of the appli- ual’s employment by such individual; and during the period described in paragraph (3),
cable COBRA continuation coverage provision. (B) elects such coverage. become entitled to elect COBRA continuation
(ii) REQUIREMENTS.—Any assistance eligible (4) EXTENSION OF ELECTION PERIOD AND EF- coverage, the requirements of such provisions
individual may elect to enroll in different cov- FECT ON COVERAGE.— shall not be treated as met unless such notices
erage as described in clause (i) only if— (A) IN GENERAL.—For purposes of applying include an additional written notification to the
(I) the employer involved has made a deter- section 605(a) of the Employee Retirement In- recipient in clear and understandable language
mination that such employer will permit such come Security Act of 1974, section 4980B(f)(5)(A) of—
assistance eligible individual to enroll in dif- of the Internal Revenue Code of 1986, and sec- (I) the availability of premium assistance with
ferent coverage as provided under this subpara- tion 2205(a) of the Public Health Service Act, in respect to such coverage under this subsection;
graph; the case of— and
(II) the premium for such different coverage (i) an individual who does not have an elec- (II) the option to enroll in different coverage
does not exceed the premium for coverage in tion of COBRA continuation coverage in effect if the employer permits assistance eligible indi-
which such individual was enrolled at the time on the first day of the first month beginning viduals described in paragraph (3) to elect en-
such qualifying event occurred; after the date of the enactment of this Act but rollment in different coverage (as described in
(III) the different coverage in which the indi- who would be an assistance eligible individual paragraph (1)(B)).
vidual elects to enroll is coverage that is also of- described in paragraph (3) if such election were (ii) ALTERNATIVE NOTICE.—In the case of
fered to similarly situated active employees of so in effect; or COBRA continuation coverage to which the no-
the employer at the time at which such election (ii) an individual who elected COBRA con- tice provision under such sections does not
is made; and tinuation coverage and discontinued from such apply, the Secretary of Labor, in consultation
(IV) the different coverage in which the indi- coverage before the first day of the first month with the Secretary of the Treasury and the Sec-
vidual elects to enroll is not— beginning after the date of the enactment of this retary of Health and Human Services, shall, in
(aa) coverage that provides only excepted ben- Act, consultation with administrators of the group
efits as defined in section 9832(c) of the Internal such individual may elect the COBRA continu- health plans (or other entities) that provide or
Revenue Code of 1986, section 733(c) of the Em- ation coverage under the COBRA continuation administer the COBRA continuation coverage
ployee Retirement Income Security Act of 1974, coverage provisions containing such provisions involved, provide rules requiring the provision
and section 2791(c) of the Public Health Service during the period beginning on the first day of of such notice.
Act; the first month beginning after the date of the (iii) FORM.—The requirement of the additional
(bb) a qualified small employer health reim- enactment of this Act and ending 60 days after notification under this subparagraph may be
bursement arrangement (as defined in section the date on which the notification required met by amendment of existing notice forms or by
9831(d)(2) of the Internal Revenue Code of 1986); under paragraph (6)(C) is provided to such indi- inclusion of a separate document with the no-
or vidual. tice otherwise required.
(cc) a flexible spending arrangement (as de- (B) COMMENCEMENT OF COBRA CONTINUATION (B) SPECIFIC REQUIREMENTS.—Each additional
fined in section 106(c)(2) of the Internal Rev- COVERAGE.—Any COBRA continuation coverage notification under subparagraph (A) shall in-
enue Code of 1986). elected by a qualified beneficiary during an ex- clude—
(2) LIMITATION OF PERIOD OF PREMIUM ASSIST- tended election period under subparagraph (i) the forms necessary for establishing eligi-
ANCE.— (A)— bility for premium assistance under this sub-
(A) ELIGIBILITY FOR ADDITIONAL COVERAGE.— (i) shall commence (including for purposes of section;
(ii) the name, address, and telephone number
Paragraph (1)(A) shall not apply with respect to applying the treatment of premium payments
necessary to contact the plan administrator and
any assistance eligible individual described in under paragraph (1)(A) and any cost-sharing
any other person maintaining relevant informa-
paragraph (3) for months of coverage beginning requirements for items and services under a
tion in connection with such premium assist-
on or after the earlier of— group health plan) with the first period of cov-
(i) the first date that such individual is eligi- ance;
erage beginning on or after the first day of the
(iii) a description of the extended election pe-
ble for coverage under any other group health first month beginning after the date of the en-
riod provided for in paragraph (4)(A);
plan (other than coverage consisting of only ex- actment of this Act, and (iv) a description of the obligation of the
cepted benefits (as defined in section 9832(c) of (ii) shall not extend beyond the period of qualified beneficiary under paragraph (2)(B)
the Internal Revenue Code of 1986, section COBRA continuation coverage that would have and the penalty provided under section 6720C of
733(c) of the Employee Retirement Income Secu- been required under the applicable COBRA con- the Internal Revenue Code of 1986 for failure to
rity Act of 1974, and section 2791(c) of the Public tinuation coverage provision if the coverage had carry out the obligation;
Health Service Act), coverage under a flexible been elected as required under such provision. (v) a description, displayed in a prominent
spending arrangement (as defined in section (5) EXPEDITED REVIEW OF DENIALS OF PRE- manner, of the qualified beneficiary’s right to a
106(c)(2) of the Internal Revenue Code of 1986), MIUM ASSISTANCE.—In any case in which an in- reduced premium and any conditions on entitle-
coverage under a qualified small employer dividual requests treatment as an assistance eli- ment to the reduced premium; and
health reimbursement arrangement (as defined gible individual described in paragraph (3) and (vi) a description of the option of the qualified
in section 9831(d)(2) of the Internal Revenue is denied such treatment by the group health beneficiary to enroll in different coverage if the
Code of 1986)), or eligible for benefits under the plan, the Secretary of Labor (or the Secretary of employer permits such beneficiary to elect to en-
Medicare program under title XVIII of the So- Health and Human Services in connection with roll in such different coverage under paragraph
cial Security Act; or COBRA continuation coverage which is pro- (1)(B).
(ii) the earlier of— vided other than pursuant to part 6 of subtitle (C) NOTICE IN CONNECTION WITH EXTENDED
(I) the date following the expiration of the B of title I of the Employee Retirement Income ELECTION PERIODS.—In the case of any assist-
maximum period of continuation coverage re- Security Act of 1974), in consultation with the ance eligible individual described in paragraph
quired under the applicable COBRA continu- Secretary of the Treasury, shall provide for ex- (3) (or any individual described in paragraph
ation coverage provision; or pedited review of such denial. An individual (4)(A)) who became entitled to elect COBRA
(II) the date following the expiration of the shall be entitled to such review upon applica- continuation coverage before the first day of the
period of continuation coverage allowed under tion to such Secretary in such form and manner first month beginning after the date of the en-
paragraph (4)(B)(ii). as shall be provided by such Secretary, in con- actment of this Act, the administrator of the ap-
(B) NOTIFICATION REQUIREMENT.—Any assist- sultation with the Secretary of the Treasury. plicable group health plan (or other entity)
ance eligible individual shall notify the group Such Secretary shall make a determination re- shall provide (within 60 days after such first
health plan with respect to which paragraph garding such individual’s eligibility within 15 day of such first month) for the additional noti-
(1)(A) applies if such paragraph ceases to apply business days after receipt of such individual’s fication required to be provided under subpara-
by reason of clause (i) of subparagraph (A). application for review under this paragraph. graph (A) and failure to provide such notice
Such notice shall be provided to the group Such Secretary’s determination upon review of shall be treated as a failure to meet the notice
health plan in such time and manner as may be the denial shall be de novo and shall be the requirements under the applicable COBRA con-
specified by the Secretary of Labor. final determination of such Secretary. The pro- tinuation provision.
(3) ASSISTANCE ELIGIBLE INDIVIDUAL.—For visions of this paragraph, paragraphs (1) (D) MODEL NOTICES.—Not later than 30 days
purposes of this section, the term ‘‘assistance el- through (4), and paragraphs (6) through (7) after the date of enactment of this Act, with re-
igible individual’’ means, with respect to a pe- shall be treated as provisions of title I of the spect to any assistance eligible individual de-
riod of coverage during the period beginning on Employee Retirement Income Security Act of scribed in paragraph (3), the Secretary of Labor,
the first day of the first month beginning after 1974 for purposes of part 5 of subtitle B of such in consultation with the Secretary of the Treas-
the date of the enactment of this Act, and end- title. ury and the Secretary of Health and Human
ing on September 30, 2021, any individual that is (6) NOTICES TO INDIVIDUALS.— Services, shall prescribe models for the addi-
a qualified beneficiary who— (A) GENERAL NOTICE.— tional notification required under this para-
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(A) is eligible for COBRA continuation cov- (i) IN GENERAL.—In the case of notices pro- graph.
erage by reason of a qualifying event specified vided under section 606(a)(4) of the Employee (7) NOTICE OF EXPIRATION OF PERIOD OF PRE-
in section 603(2) of the Employee Retirement In- Retirement Income Security Act of 1974 (29 MIUM ASSISTANCE.—
come Security Act of 1974, section 4980B(f)(3)(B) U.S.C. 1166(4)), section 4980B(f)(6)(D) of the In- (A) IN GENERAL.—With respect to any assist-
of the Internal Revenue Code of 1986, or section ternal Revenue Code of 1986, or section 2206(4) ance eligible individual, subject to subpara-
2203(2) of the Public Health Service Act, except of the Public Health Service Act (42 U.S.C. graph (B), the requirements of section 606(a)(4)
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H786 CONGRESSIONAL RECORD — HOUSE February 26, 2021
of the Employee Retirement Income Security Act (B) COBRA CONTINUATION COVERAGE.—The ‘‘(i) the Internal Revenue Code of 1986,
of 1974 (29 U.S.C. 1166(4)), section 4980B(f)(6)(D) term ‘‘COBRA continuation coverage’’ means ‘‘(ii) the Employee Retirement Income Security
of the Internal Revenue Code of 1986, or section continuation coverage provided pursuant to Act of 1974, or
2206(4) of the Public Health Service Act (42 part 6 of subtitle B of title I of the Employee Re- ‘‘(iii) the Public Health Service Act, or
U.S.C. 300bb–6(4)), shall not be treated as met tirement Income Security Act of 1974 (other than ‘‘(B) under which some or all of the coverage
unless the plan administrator of the individual, under section 609), title XXII of the Public is not provided by insurance,
during the period specified under subparagraph Health Service Act, or section 4980B of the In- the employer maintaining the plan, and
(C), provides to such individual a written notice ternal Revenue Code of 1986 (other than sub- ‘‘(3) in the case of any group health plan not
in clear and understandable language— section (f)(1) of such section insofar as it relates described in paragraph (1) or (2), the insurer
(i) that the premium assistance for such indi- to pediatric vaccines), or under a State program providing the coverage under the group health
vidual will expire soon and the prominent iden- that provides comparable continuation coverage. plan.
tification of the date of such expiration; and Such term does not include coverage under a ‘‘(c) LIMITATIONS AND REFUNDABILITY.—
(ii) that such individual may be eligible for health flexible spending arrangement under a ‘‘(1) CREDIT LIMITED TO CERTAIN EMPLOYMENT
coverage without any premium assistance cafeteria plan within the meaning of section 125 TAXES.—The credit allowed by subsection (a)
through— of the Internal Revenue Code of 1986. with respect to any calendar quarter shall not
(I) COBRA continuation coverage; or (C) COBRA CONTINUATION PROVISION.—The exceed the tax imposed by section 3111(b), or so
(II) coverage under a group health plan. term ‘‘COBRA continuation provision’’ means much of the taxes imposed under section 3221(a)
(B) EXCEPTION.—The requirement for the the provisions of law described in subparagraph as are attributable to the rate in effect under
group health plan administrator to provide the (B). section 3111(b), for such calendar quarter (re-
written notice under subparagraph (A) shall be (D) COVERED EMPLOYEE.—The term ‘‘covered duced by any credits allowed against such taxes
waived if the premium assistance for such indi- employee’’ has the meaning given such term in under sections 3131, 3132, and 3134) on the
vidual expires pursuant to clause (i) of para- section 607(2) of the Employee Retirement In- wages paid with respect to the employment of
graph (2)(A). come Security Act of 1974. all employees of the employer.
(C) PERIOD SPECIFIED.—For purposes of sub- (E) QUALIFIED BENEFICIARY.—The term ‘‘(2) REFUNDABILITY OF EXCESS CREDIT.—
paragraph (A), the period specified in this sub- ‘‘qualified beneficiary’’ has the meaning given ‘‘(A) CREDIT IS REFUNDABLE.—If the amount
paragraph is, with respect to the date of expira- such term in section 607(3) of the Employee Re- of the credit under subsection (a) exceeds the
tion of premium assistance for any assistance el- tirement Income Security Act of 1974. limitation of paragraph (1) for any calendar
igible individual pursuant to a limitation requir- (F) GROUP HEALTH PLAN.—The term ‘‘group quarter, such excess shall be treated as an over-
ing a notice under this paragraph, the period health plan’’ has the meaning given such term payment that shall be refunded under sections
beginning on the day that is 45 days before the in section 607(1) of the Employee Retirement In- 6402(a) and 6413(b).
date of such expiration and ending on the day come Security Act of 1974. ‘‘(B) CREDIT MAY BE ADVANCED.—In anticipa-
that is 15 days before the date of such expira- (G) STATE.—The term ‘‘State’’ includes the tion of the credit, including the refundable por-
tion. District of Columbia, the Commonwealth of tion under subparagraph (A), the credit may be
(D) MODEL NOTICES.—Not later than 45 days Puerto Rico, the Virgin Islands, Guam, Amer- advanced, according to forms and instructions
after the date of enactment of this Act, with re- ican Samoa, and the Commonwealth of the provided by the Secretary, up to an amount cal-
spect to any assistance eligible individual, the Northern Mariana Islands. culated under subsection (a) through the end of
Secretary of Labor, in consultation with the (H) PERIOD OF COVERAGE.—Any reference in the most recent payroll period in the quarter.
Secretary of the Treasury and the Secretary of this subsection to a period of coverage shall be ‘‘(C) TREATMENT OF DEPOSITS.—The Secretary
Health and Human Services, shall prescribe treated as a reference to a monthly or shorter shall waive any penalty under section 6656 for
models for the notification required under this period of coverage with respect to which pre- any failure to make a deposit of the tax imposed
paragraph. miums are charged with respect to such cov- by section 3111(b), or so much of the taxes im-
(8) REGULATIONS.—The Secretary of the erage. posed under section 3221(a) as are attributable
Treasury and the Secretary of Labor may joint- (I) PLAN SPONSOR.—The term ‘‘plan sponsor’’ to the rate in effect under section 3111(b), if the
ly prescribe such regulations or other guidance has the meaning given such term in section Secretary determines that such failure was due
as may be necessary or appropriate to carry out 3(16)(B) of the Employee Retirement Income Se- to the anticipation of the credit allowed under
the provisions of this subsection, including the curity Act of 1974. this section.
prevention of fraud and abuse under this sub- (J) PREMIUM.—The term ‘‘premium’’ includes, ‘‘(D) TREATMENT OF PAYMENTS.—For purposes
section, except that the Secretary of Labor and with respect to COBRA continuation coverage, of section 1324 of title 31, United States Code,
the Secretary of Health and Human Services any administrative fee. any amounts due to an employer under this
(11) IMPLEMENTATION FUNDING.—In addition paragraph shall be treated in the same manner
may prescribe such regulations (including in-
to amounts otherwise made available, out of any as a refund due from a credit provision referred
terim final regulations) or other guidance as
funds in the Treasury not otherwise appro- to in subsection (b)(2) of such section.
may be necessary or appropriate to carry out
priated, there are appropriated to the Secretary ‘‘(3) OVERSTATEMENTS.—Any overstatement of
the provisions of paragraphs (5), (6), (7), and
of Labor for fiscal year 2021, $10,000,000, to re- the credit to which a person is entitled under
(9).
(9) OUTREACH.— main available until expended, for the Employee this section (and any amount paid by the Sec-
(A) IN GENERAL.—The Secretary of Labor, in Benefits Security Administration to carry out retary as a result of such overstatement) shall
consultation with the Secretary of the Treasury the provisions of this subtitle. be treated as an underpayment by such person
(b) COBRA PREMIUM ASSISTANCE.— of the taxes described in paragraph (1) and may
and the Secretary of Health and Human Serv- (1) ALLOWANCE OF CREDIT.—
ices, shall provide outreach consisting of public (A) IN GENERAL.—Subchapter B of chapter 65 be assessed and collected by the Secretary in the
education and enrollment assistance relating to of the Internal Revenue Code of 1986 is amended same manner as such taxes.
premium assistance provided under this sub- by adding at the end the following new section: ‘‘(d) GOVERNMENTAL ENTITIES.—For purposes
section. Such outreach shall target employers, ‘‘SEC. 6432. CONTINUATION COVERAGE PREMIUM
of this section, the term ‘person’ includes the
group health plan administrators, public assist- ASSISTANCE. government of any State or political subdivision
ance programs, States, insurers, and other enti- ‘‘(a) IN GENERAL.—The person to whom pre- thereof, any Indian tribal government (as de-
ties as determined appropriate by such Secre- miums are payable for continuation coverage fined in section 139E(c)(1)), any agency or in-
taries. Such outreach shall include an initial under section 2401(a)(1) of the American Rescue strumentality of any of the foregoing, and any
focus on those individuals electing continuation Plan Act of 2021 shall be allowed as a credit agency or instrumentality of the Government of
coverage who are referred to in paragraph against the tax imposed by section 3111(b), or so the United States that is described in section
(6)(C). Information on such premium assistance, much of the taxes imposed under section 3221(a) 501(c)(1) and exempt from taxation under sec-
including enrollment, shall also be made avail- as are attributable to the rate in effect under tion 501(a).
able on websites of the Departments of Labor, section 3111(b), for each calendar quarter an ‘‘(e) DENIAL OF DOUBLE BENEFIT.—For pur-
Treasury, and Health and Human Services. amount equal to the premiums not paid by as- poses of chapter 1, the gross income of any per-
(B) ENROLLMENT UNDER MEDICARE.—The Sec- sistance eligible individuals for such coverage by son allowed a credit under this section shall be
retary of Health and Human Services shall pro- reason of such section 2401(a)(1) with respect to increased for the taxable year which includes
vide outreach consisting of public education. such calendar quarter. the last day of any calendar quarter with re-
Such outreach shall target individuals who lose ‘‘(b) PERSON TO WHOM PREMIUMS ARE PAY- spect to which such credit is allowed by the
health insurance coverage. Such outreach shall ABLE.—For purposes of subsection (a), except as amount of such credit. No credit shall be al-
include information regarding enrollment for otherwise provided by the Secretary, the person lowed under this section with respect to any
Medicare benefits for purposes of preventing to whom premiums are payable under such con- amount which is taken into account as qualified
mistaken delays of such enrollment by such in- tinuation coverage shall be treated as being— wages under section 2301 of the CARES Act or
dividuals, including lifetime penalties for failure ‘‘(1) in the case of any group health plan section 3134 of this title or as qualified health
of timely enrollment. which is a multiemployer plan (as defined in plan expenses under section 7001(d) or 7003(d) of
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(10) DEFINITIONS.—For purposes of this sec- section 3(37) of the Employee Retirement Income the Families First Coronavirus Response Act or
tion: Security Act of 1974), the plan, section 3131 or 3132 of this title.
(A) ADMINISTRATOR.—The term ‘‘adminis- ‘‘(2) in the case of any group health plan not ‘‘(f) EXTENSION OF LIMITATION ON ASSESS-
trator’’ has the meaning given such term in sec- described in paragraph (1)— MENT.—Notwithstanding section 6501, the limi-
tion 3(16)(A) of the Employee Retirement Income ‘‘(A) which is subject to the COBRA continu- tation on the time period for the assessment of
Security Act of 1974. ation provisions contained in— any amount attributable to a credit claimed
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H787
under this section shall not expire before the ‘‘(b) INTENTIONAL FAILURE.—In the case of (1) conduct activities to enhance, expand, and
date that is 5 years after the later of— any such failure that is fraudulent, such person improve nationwide COVID–19 vaccine distribu-
‘‘(1) the date on which the original return shall pay a penalty equal to the greater of— tion and administration, including activities re-
which includes the calendar quarter with re- ‘‘(1) $250, or lated to distribution of ancillary medical prod-
spect to which such credit is determined is filed, ‘‘(2) 110 percent of the premium assistance ucts and supplies related to vaccines; and
or provided under section 2401(a)(1)(A) of the (2) provide technical assistance, guidance,
‘‘(2) the date on which such return is treated American Rescue Plan Act of 2021 after termi- and support to, and award grants or cooperative
as filed under section 6501(b)(2). nation of eligibility under such section. agreements to, State, local, Tribal, and terri-
‘‘(g) REGULATIONS.—The Secretary shall issue ‘‘(c) REASONABLE CAUSE EXCEPTION.—No pen- torial public health departments for enhance-
such regulations, or other guidance, forms, in- alty shall be imposed under this section with re- ment of COVID–19 vaccine distribution and ad-
structions, and publications, as may be nec- spect to any failure if it is shown that such fail- ministration capabilities, including—
essary or appropriate to carry out this section, ure is due to reasonable cause and not to willful (A) the distribution and administration of
including— neglect.’’. vaccines licensed under section 351 of the Public
‘‘(1) the requirement to report information or (B) CLERICAL AMENDMENT.—The table of sec- Health Service Act (42 U.S.C. 262) or authorized
the establishment of other methods for verifying tions of part I of subchapter B of chapter 68 of under section 564 of the Federal Food, Drug,
the correct amounts of reimbursements under such Code is amended by adding at the end the and Cosmetic Act (21 U.S.C. 360bbb–3) and an-
this section, following new item: cillary medical products and supplies related to
‘‘(2) the application of this section to group ‘‘Sec. 6720C. Penalty for failure to notify health vaccines;
health plans that are multiemployer plans (as plan of cessation of eligibility for (B) the establishment and expansion, includ-
defined in section 3(37) of the Employee Retire- continuation coverage premium ing staffing support, of community vaccination
ment Income Security Act of 1974), assistance.’’. centers, particularly in underserved areas;
‘‘(3) to allow the advance payment of the (3) COORDINATION WITH HCTC.— (C) the deployment of mobile vaccination
credit determined under subsection (a), subject (A) IN GENERAL.—Section 35(g)(9) of the Inter- units, particularly in underserved areas;
to the limitations provided in this section, based nal Revenue Code of 1986 is amended to read as (D) information technology, data, and report-
on such information as the Secretary shall re- follows: ing enhancements, including improvements nec-
quire, ‘‘(9) CONTINUATION COVERAGE PREMIUM AS- essary to support sharing of data related to vac-
‘‘(4) to provide for the reconciliation of such SISTANCE.—In the case of an assistance eligible
cine distribution and vaccinations and systems
advance payment with the amount of the credit individual who receives premium assistance for that enhance vaccine safety, effectiveness, and
at the time of filing the return of tax for the ap- continuation coverage under section 2401(a)(1) uptake, particularly among underserved popu-
plicable quarter or taxable year, and of the American Rescue Plan Act of 2021 for any lations;
‘‘(5) allowing the credit to third party payors month during the taxable year, such individual (E) facilities enhancements;
(including professional employer organizations, (F) communication with the public regarding
shall not be treated as an eligible individual, a
certified professional employer organizations, or when, where, and how to receive COVID–19
certified individual, or a qualifying family mem-
agents under section 3504).’’. vaccine; and
ber for purposes of this section or section 7527
(G) transportation of individuals to facilitate
(B) CLERICAL AMENDMENT.—The table of sec- with respect to such month.’’.
vaccinations, including at community vaccina-
tions for subchapter B of chapter 65 of the In- (B) EFFECTIVE DATE.—The amendment made
tion centers and mobile vaccination units, par-
ternal Revenue Code of 1986 is amended by add- by subparagraph (A) shall apply to taxable
ticularly for underserved populations.
ing at the end the following new item: years ending after the date of the enactment of
SEC. 3002. FUNDING FOR VACCINE CONFIDENCE
‘‘Sec. 6432. Continuation coverage premium as- this Act.
ACTIVITIES.
sistance.’’. (4) EXCLUSION OF CONTINUATION COVERAGE
PREMIUM ASSISTANCE FROM GROSS INCOME.—
In addition to amounts otherwise available,
(C) EFFECTIVE DATE.—The amendments made there is appropriated to the Secretary for fiscal
by this paragraph shall apply to premiums to (A) IN GENERAL.—Part III of subchapter B of
chapter 1 of the Internal Revenue Code of 1986 year 2021, out of any money in the Treasury not
which subsection (a)(1)(A) applies and wages otherwise appropriated, $1,000,000,000, to remain
paid on or after April 1, 2021. is amended by inserting after section 139H the
following new section: available until expended, to carry out activities,
(D) SPECIAL RULE IN CASE OF EMPLOYEE PAY- acting through the Director of the Centers for
MENT THAT IS NOT REQUIRED UNDER THIS SEC- ‘‘SEC. 139I. CONTINUATION COVERAGE PREMIUM
ASSISTANCE.
Disease Control and Prevention—
TION.— (1) to strengthen vaccine confidence in the
(i) IN GENERAL.—In the case of an assistance ‘‘In the case of an assistance eligible indi-
United States, including its territories and pos-
eligible individual who pays, with respect any vidual (as defined in subsection (a)(3) of section
sessions;
period of coverage to which subsection (a)(1)(A) 2401 of the American Rescue Plan Act of 2021), (2) to provide further information and edu-
applies, the amount of the premium for such gross income does not include any premium as- cation with respect to vaccines licensed under
coverage that the individual would have (but sistance provided under subsection (a)(1) of section 351 of the Public Health Service Act (42
for this Act) been required to pay, the person to such section.’’. U.S.C. 262) or authorized under section 564 of
whom such payment is payable shall reimburse (B) CLERICAL AMENDMENT.—The table of sec-
the Federal Food, Drug, and Cosmetic Act (21
such individual for the amount of such premium tions for part III of subchapter B of chapter 1
U.S.C. 360bbb–3); and
paid in excess of the amount required to be paid of such Code is amended by inserting after the (3) to improve rates of vaccination throughout
under subsection (a)(1)(A). item relating to section 139H the following new the United States, including its territories and
(ii) CREDIT OF REIMBURSEMENT.—A person to item: possessions, including through activities de-
which clause (i) applies shall be allowed a credit ‘‘Sec. 139I. Continuation coverage premium as- scribed in section 313 of the Public Health Serv-
in the manner provided under section 6432 of the sistance.’’. ice Act, as amended by section 311 of division
Internal Revenue Code of 1986 for any payment (C) EFFECTIVE DATE.—The amendments made BB of the Consolidated Appropriations Act, 2021
made to the employee under such clause. by this paragraph shall apply to taxable years (Public Law 116–260).
(iii) PAYMENT OF CREDITS.—Any person to ending after the date of the enactment of this SEC. 3003. FUNDING FOR SUPPLY CHAIN FOR
which clause (i) applies shall make the payment Act. COVID–19 VACCINES, THERA-
required under such clause to the individual not TITLE III—COMMITTEE ON ENERGY AND PEUTICS, AND MEDICAL SUPPLIES.
later than 60 days after the date on which such COMMERCE In addition to amounts otherwise available,
individual elects continuation coverage under there is appropriated to the Secretary for fiscal
Subtitle A—Public Health
subsection (a)(1). year 2021, out of any money in the Treasury not
(2) PENALTY FOR FAILURE TO NOTIFY HEALTH CHAPTER 1—VACCINES AND otherwise appropriated, $6,050,000,000, to remain
PLAN OF CESSATION OF ELIGIBILITY FOR PREMIUM THERAPEUTICS available until expended, for necessary expenses
ASSISTANCE.— SEC. 3001. FUNDING FOR COVID–19 VACCINE AC- with respect to research, development, manufac-
(A) IN GENERAL.—Part I of subchapter B of TIVITIES AT THE CENTERS FOR DIS- turing, production, and the purchase of vac-
chapter 68 of the Internal Revenue Code of 1986 EASE CONTROL AND PREVENTION.
cines, therapeutics, and ancillary medical prod-
is amended by adding at the end the following (a) IN GENERAL.—In addition to amounts oth- ucts and supplies to prevent, prepare, or re-
new section: erwise available, there is appropriated to the spond to—
‘‘SEC. 6720C. PENALTY FOR FAILURE TO NOTIFY Secretary of Health and Human Services (in this (1) SARS–CoV–2 or any viral variant mutating
HEALTH PLAN OF CESSATION OF subtitle referred to as the ‘‘Secretary’’) for fiscal therefrom with pandemic potential; and
ELIGIBILITY FOR CONTINUATION year 2021, out of any money in the Treasury not (2) COVID–19 or any disease with potential
COVERAGE PREMIUM ASSISTANCE. otherwise appropriated, $7,500,000,000, to remain for creating a pandemic.
‘‘(a) IN GENERAL.—Except in the case of a available until expended, to carry out activities SEC. 3004. FUNDING FOR COVID–19 VACCINE,
failure described in subsection (b) or (c), any to plan, prepare for, promote, distribute, admin- THERAPEUTIC, AND DEVICE ACTIVI-
dlhill on DSK120RN23PROD with House
person required to notify a group health plan ister, monitor, and track COVID–19 vaccines. TIES AT THE FOOD AND DRUG AD-
under section 2401(a)(2)(B) of the American Res- (b) USE OF FUNDS.—The Secretary, acting MINISTRATION.
cue Plan Act of 2021 who fails to make such a through the Director of the Centers for Disease In addition to amounts otherwise available,
notification at such time and in such manner as Control and Prevention, and in consultation there is appropriated to the Secretary for fiscal
the Secretary of Labor may require shall pay a with other agencies, as applicable, shall, in con- year 2021, out of any money in the Treasury not
penalty of $250 for each such failure. ducting activities referred to in subsection (a)— otherwise appropriated, $500,000,000, to remain
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H788 CONGRESSIONAL RECORD — HOUSE February 26, 2021
available until expended, to be used for the in the Treasury not otherwise appropriated, (A) to serve as case investigators, contact
evaluation of the continued performance, safe- $1,750,000,000, to remain available until ex- tracers, social support specialists, community
ty, and effectiveness, including with respect to pended, to strengthen and expand activities and health workers, public health nurses, disease
emerging COVID–19 variants, of vaccines, workforce related to genomic sequencing, ana- intervention specialists, epidemiologists, pro-
therapeutics, and diagnostics approved, cleared, lytics, and disease surveillance. gram managers, laboratory personnel,
licensed, or authorized for use for the treatment, (b) USE OF FUNDS.—From amounts appro- informaticians, communication and policy ex-
prevention, or diagnosis of COVID–19; facilita- priated by subsection (a), the Secretary, acting perts, and any other positions as may be re-
tion of advanced continuous manufacturing ac- through the Director of the Centers for Disease quired to prevent, prepare for, and respond to
tivities related to production of vaccines and re- Control and Prevention, shall— COVID–19; and
lated materials; facilitation and conduct of in- (1) conduct, expand, and improve activities to (B) who are employed by—
spections related to the manufacturing of vac- sequence genomes, identify mutations, and sur- (i) the State, territorial, or local public health
cines, therapeutics, and devices delayed or can- vey the circulation and transmission of viruses department involved; or
celled for reasons related to COVID–19; review and other organisms, including strains of SARS– (ii) a nonprofit private or public organization
of devices authorized for use for the treatment, CoV–2; with demonstrated expertise in implementing
(2) award grants or cooperative agreements to public health programs and established relation-
prevention, or diagnosis of COVID–19; and over-
State, local, Tribal, or territorial public health ships with such State, territorial, or local public
sight of the supply chain and mitigation of
departments or public health laboratories— health departments, particularly in medically
shortages of vaccines, therapeutics, and devices
(A) to increase their capacity to sequence underserved areas.
approved, cleared, licensed, or authorized for (2) Personal protective equipment, data man-
use for the treatment, prevention, or diagnosis genomes of circulating strains of viruses and
other organisms, including SARS–CoV–2; agement and other technology, or other nec-
of COVID–19 by the Food and Drug Administra- essary supplies.
tion. (B) to identify mutations in viruses and other
(3) Administrative costs and activities nec-
CHAPTER 2—TESTING organisms, including SARS–CoV–2;
essary for awardees to implement activities
(C) to use genomic sequencing to identify out-
SEC. 3011. FUNDING FOR COVID–19 TESTING, CON- funded under this section.
breaks and clusters of diseases or infections, in- (4) Reporting to the Secretary on implementa-
TACT TRACING, AND MITIGATION AC-
TIVITIES.
cluding COVID–19; and tion of the activities funded under this section.
(D) to develop effective disease response strat- (5) Subawards from recipients of awards
(a) IN GENERAL.—In addition to amounts oth- egies based on genomic sequencing and surveil-
erwise available, there is appropriated to the under subsection (a) to local health departments
lance data; for the purposes of the activities funded under
Secretary for fiscal year 2021, out of any money (3) enhance and expand the informatics capa-
in the Treasury not otherwise appropriated, this section.
bilities of the public health workforce; and SEC. 3022. FUNDING FOR MEDICAL RESERVE
$47,800,000,000, to remain available until ex- (4) award grants for the construction, alter- CORPS.
pended, to carry out activities to detect, diag- ation, or renovation of facilities to improve
nose, trace, and monitor SARS–CoV–2 and In addition to amounts otherwise available,
genomic sequencing and surveillance capabili- there is appropriated to the Secretary for fiscal
COVID–19 infections and related strategies to ties at the State and local level.
mitigate the spread of COVID–19. year 2021, out of any money in the Treasury not
SEC. 3013. FUNDING FOR GLOBAL HEALTH. otherwise appropriated, $100,000,000, to remain
(b) USE OF FUNDS.—From amounts appro-
In addition to amounts otherwise available, available until expended, for carrying out sec-
priated by subsection (a), the Secretary shall—
(1) implement a national, evidence-based there is appropriated to the Secretary for fiscal tion 2813 of the Public Health Service Act (42
strategy for testing, contact tracing, surveil- year 2021, out of any amounts in the Treasury U.S.C. 300hh–15).
lance, and mitigation with respect to SARS– not otherwise appropriated, $750,000,000, to re- CHAPTER 4—PUBLIC HEALTH
CoV–2 and COVID–19, including through activi- main available until expended, for activities to INVESTMENTS
ties authorized under section 319(a) of the Pub- be conducted acting through the Director of the SEC. 3031. FUNDING FOR COMMUNITY HEALTH
lic Health Service Act; Centers for Disease Control and Prevention to CENTERS AND COMMUNITY CARE.
(2) provide technical assistance, guidance, combat SARS–CoV– 2, COVID–19, and other (a) IN GENERAL.—In addition to amounts oth-
and support, and award grants or cooperative emerging infectious disease threats globally, in- erwise available, there is appropriated to the
agreements to State, local, and territorial public cluding efforts related to global health security, Secretary for fiscal year 2021, out of any money
health departments for activities to detect, diag- global disease detection and response, global in the Treasury not otherwise appropriated,
nose, trace, and monitor SARS–CoV–2 and health protection, global immunization, and $7,600,000,000, to remain available until ex-
COVID–19 infections and related strategies and global coordination on public health. pended, for necessary expenses for awarding
activities to mitigate the spread of COVID–19; SEC. 3014. FUNDING FOR DATA MODERNIZATION grants and cooperative agreements under sec-
AND FORECASTING CENTER. tion 330 of the Public Health Service Act (42
(3) support the development, manufacturing,
procurement, distribution, and administration of In addition to amounts otherwise available, U.S.C. 254b) to be awarded without regard to
tests to detect or diagnose SARS–CoV–2 and there is appropriated to the Secretary for fiscal the time limitation in subsection (e)(3) and sub-
COVID–19, including through— year 2021, out of any money in the Treasury not sections, (e)(6)(A)(iii), (e)(6)(B)(iii), and
(A) support for the development, manufacture, otherwise appropriated, $500,000,000, to remain (r)(2)(B) of such section 330, and for necessary
procurement, and distribution of supplies nec- available until expended, for activities to be expenses for awarding grants to Federally quali-
essary for administering tests, such as personal conducted acting through the Director of the fied health centers, as described in section
protective equipment; and Centers for Disease Control and Prevention to 1861(aa)(4)(B) of the Social Security Act (42
(B) support for the acquisition, construction, support public health data surveillance and U.S.C.1395x(aa)(4)(B)), and for awarding grants
alteration, or renovation of non-federally owned analytics infrastructure modernization initia- or contracts to Papa Ola Lokahi and to quali-
facilities for the production of diagnostics and tives at the Centers for Disease Control and Pre- fied entities under sections 4 and 6 of the Native
ancillary medical supplies where the Secretary vention, and establish, expand, and maintain Hawaiian Health Care Improvement Act (42
determines that such an investment is necessary efforts to modernize the United States disease U.S.C. 11703, 11705). Of the total amount appro-
to ensure the production of sufficient amounts warning system to forecast and track hotspots priated by the preceding sentence, not less than
of such supplies. for COVID–19, its variants, and emerging bio- $20,000,000 shall be for grants or contracts to
(4) establish and expand Federal, State, local, logical threats, including academic and work- Papa Ola Lokahi and to qualified entities under
force support for analytics and informatics in- sections 4 and 6 of the Native Hawaiian Health
and territorial testing and contact tracing capa-
frastructure and data collection systems. Care Improvement Act (42 U.S.C. 11703, 11705).
bilities, including investments in laboratory ca-
(b) USE OF FUNDS.—Amounts made available
pacity, community-based testing sites, and mo- CHAPTER 3—PUBLIC HEALTH WORKFORCE
to an awardee pursuant to subsection (a) shall
bile testing units, particularly in medically un- SEC. 3021. FUNDING FOR PUBLIC HEALTH WORK- be used—
derserved areas; FORCE. (1) to plan, prepare for, promote, distribute,
(5) enhance information technology, data (a) IN GENERAL.—In addition to amounts oth- administer, and track COVID–19 vaccines, and
modernization, and reporting, including im- erwise available, there is appropriated to the to carry out other vaccine-related activities;
provements necessary to support sharing of data Secretary for fiscal year 2021, out of any money (2) to detect, diagnose, trace, and monitor
related to public health capabilities; in the Treasury not otherwise appropriated, COVID–19 infections and related activities nec-
(6) award grants to, or enter into cooperative $7,660,000,000, to remain available until ex- essary to mitigate the spread of COVID–19, in-
agreements or contracts with, State, local, and pended, to carry out activities related to estab- cluding activities related to, and equipment or
territorial public health departments to estab- lishing, expanding, and sustaining a public supplies purchased for, testing, contact tracing,
lish, expand, and sustain a public health work- health workforce, including by making awards surveillance, mitigation, and treatment of
force; and to State, local, and territorial public health de- COVID–19;
(7) to cover administrative and program sup- partments. (3) to purchase equipment and supplies to
port costs necessary to conduct activities related (b) USE OF FUNDS FOR PUBLIC HEALTH DE- conduct mobile testing or vaccinations for
dlhill on DSK120RN23PROD with House
to subparagraph (a). PARTMENTS.—Amounts made available to an COVID–19, to purchase and maintain mobile ve-
SEC. 3012. FUNDING FOR SARS–COV–2 GENOMIC awardee pursuant to subsection (a) shall be hicles and equipment to conduct such testing or
SEQUENCING AND SURVEILLANCE. used for the following: vaccinations, and to hire and train laboratory
(a) IN GENERAL.—In addition to amounts oth- (1) Costs, including wages and benefits, re- personnel and other staff to conduct such mo-
erwise available, there is appropriated to the lated to the recruiting, hiring, and training of bile testing or vaccinations, particularly in
Secretary for fiscal year 2021 out of any money individuals— medically underserved areas;
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H789
(4) to establish, expand, and sustain the (42 U.S.C. 256h(a)(1)(A))) to qualified teaching scribed in subparagraphs (E) and (G), and for
health care workforce to prevent, prepare for, health centers for maintenance of filled posi- other related activities;
and respond to COVID–19, and to carry out tions at existing approved graduate medical resi- (G) $240,000,000 shall be for necessary ex-
other health workforce-related activities; dency training programs. penses to establish, expand, and sustain a pub-
(5) to modify, enhance, and expand health (4) For making payments under section lic health workforce to prevent, prepare for, and
care services and infrastructure; and 340H(a)(1)(B) of the Public Health Service Act respond to COVID–19, other public health work-
(6) to conduct community outreach and edu- (42 U.S.C. 256h(a)(1)(B)) for the expansion of force-related activities, for the purposes de-
cation activities related to COVID–19. existing approved graduate medical residency scribed in subparagraphs (E) and (F), and for
(c) PAST EXPENDITURES.—An awardee may training programs. other related activities; and
use amounts awarded pursuant to subsection (a) (5) For making awards under section 749A of (H) $420,000,000 shall be for necessary ex-
to cover the costs of the awardee carrying out the Public Health Service Act (42 U.S.C. 293l–1) penses related to mental and behavioral health
any of the activities described in subsection (b) to teaching health centers for the purpose of es- prevention and treatment services, for the pur-
during the period beginning on the date of the tablishing new accredited or expanded primary poses described in subparagraph (C) and para-
declaration of a public health emergency by the care residency programs. graph (2) as related to mental and behavioral
Secretary under section 319 of the Public Health (6) To cover administrative costs and activities health, and for other related activities;
Service Act (42 U.S.C. 247d) on January 31, 2020, necessary for qualified teaching health centers (2) $600,000,000 shall be for the lease, pur-
with respect to COVID–19 and ending on the receiving payments under section 340H of the chase, construction, alteration, renovation, or
date of such award. Public Health Service Act (42 U.S.C. 256h) to equipping of health facilities to respond to
SEC. 3032. FUNDING FOR NATIONAL HEALTH carry out activities under such section. COVID–19, and for maintenance and improve-
SERVICE CORPS. SEC. 3035. FUNDING FOR FAMILY PLANNING. ment projects necessary to respond to COVID–19
(a) IN GENERAL.—In addition to amounts oth- In addition to amounts otherwise available, under section 7 of the Act of August 5, 1954 (42
erwise available, there is appropriated to the there is appropriated to the Secretary for fiscal U.S.C. 2004a), the Indian Self-Determination
Secretary for fiscal year 2021, out of any money year 2021, out of any money in the Treasury not and Education Assistance Act (25 U.S.C. 5301 et
in the Treasury not otherwise appropriated, otherwise appropriated, $50,000,000, to remain seq.), the Indian Health Care Improvement Act
$800,000,000, to remain available until expended, available until expended, for necessary expenses (25 U.S.C. 1601 et seq.), and titles II and III of
for carrying out sections 338A, 338B, and 338I of for making grants and contracts under section the Public Health Service Act (42 U.S.C. 202 et
the Public Health Service Act (42 U.S.C. 254l, 1001 of the Public Health Service Act (42 U.S.C. seq.) with respect to the Indian Health Service;
254l–1, 254q–1) with respect to the health work- 300). and
force. SEC. 3036. FUNDING FOR OFFICE OF INSPECTOR (3) $10,000,000 shall be for carrying out section
(b) STATE LOAN REPAYMENT PROGRAMS.— GENERAL. 7 of the Act of August 5, 1954 (42 U.S.C. 2004a)
(1) IN GENERAL.—Of the amount made avail- In addition to amounts otherwise available, for expenses relating to potable water delivery.
able pursuant to subsection (a), $100,000,000 there is appropriated to the inspector general of (b) Funds appropriated by subsection (a) shall
shall be made available for providing primary the Department of Health and Human Services be made available to restore amounts, either di-
health services through grants to States under for fiscal year 2021, out of any money in the rectly or through reimbursement, for obligations
section 338I(a) of the Public Health Service Act Treasury not otherwise appropriated, $5,000,000, for the purposes specified in this section that
(42 U.S.C. 254q–1(a)). to remain available until expended, for oversight were incurred to prevent, prepare for, and re-
(2) CONDITIONS.—With respect to grants de- of activities supported with funds appropriated spond to COVID–19 during the period beginning
scribed in paragraph (1) using funds made to the Department of Health and Human Serv- on the date on which the public health emer-
available under such paragraph: ices to prevent, prepare for, and respond to gency was declared by the Secretary on January
(A) Section 338I(b) of the Public Health Serv- coronavirus 2019 or COVID–19, domestically or 31, 2020, pursuant to section 319 of the Public
ice Act (42 U.S.C. 254q–1(b)) shall not apply. internationally. Health Service Act (42 U.S.C. 247d) with respect
(B) Notwithstanding section 338I(d)(2) of the CHAPTER 5—INDIAN HEALTH to COVID–19 and ending on the date of the en-
Public Health Service Act (42 U.S.C. 254q– actment of this Act.
SEC. 3041. FUNDING FOR INDIAN HEALTH.
1(d)(2)), not more than 10 percent of an award (c) Funds made available under subsection (a)
(a) In addition to amounts otherwise avail- to Tribes and Tribal organizations under the In-
to a State from such amounts, may be used by
able, there is appropriated to the Secretary for dian Self-Determination and Education Assist-
the State for costs of administering the State
fiscal year 2021, out of any money in the Treas- ance Act (25 U.S.C. 5301 et seq.) shall be avail-
loan repayment program.
ury not otherwise appropriated, $6,094,000,000, able on a one-time basis. Such non-recurring
SEC. 3033. FUNDING FOR NURSE CORPS.
to remain available until expended, of which— funds shall not be part of the amount required
In addition to amounts otherwise available, (1) $5,484,000,000 shall be for carrying out the
there is appropriated to the Secretary for fiscal by section 106 of the Indian Self-Determination
Act of August 5, 1954 (42 U.S.C. 2001 et seq.)
year 2021, out of any money in the Treasury not and Education Assistance Act (25 U.S.C. 5325),
(commonly referred to as the Transfer Act), the
otherwise appropriated, $200,000,000, to remain and such funds shall only be used for the pur-
Indian Self-Determination and Education As-
available until expended, for carrying out sec- poses identified in this section.
sistance Act (25 U.S.C. 5301 et seq.), the Indian
tion 846 of the Public Health Service Act (42 Health Care Improvement Act (25 U.S.C. 1601 et CHAPTER 6—MENTAL HEALTH AND
U.S.C. 297n). seq.), and titles II and III of the Public Health SUBSTANCE USE DISORDER
SEC. 3034. FUNDING FOR TEACHING HEALTH CEN- Service Act (42 U.S.C. 201 et seq. and 241 et seq.) SEC. 3051. FUNDING FOR BLOCK GRANTS FOR
TERS THAT OPERATE GRADUATE with respect to the Indian Health Service, of COMMUNITY MENTAL HEALTH SERV-
MEDICAL EDUCATION. which— ICES.
(a) IN GENERAL.—In addition to amounts oth- (A) $2,000,000,000 shall be for lost reimburse- In addition to amounts otherwise available,
erwise available, and notwithstanding the ments, in accordance with section 207 of the In- there is appropriated to the Secretary for fiscal
capped amount referenced in sections 340H(b)(2) dian Health Care Improvement Act (25 U.S.C. year 2021, out of any money in the Treasury not
and 340H(d)(2) of the Public Health Service Act 1621f); otherwise appropriated, $1,750,000,000, to remain
(42 U.S.C. 256h(b)(2) and (d)(2)), there is appro- (B) $500,000,000 shall be for the provision of available until expended, for carrying out sub-
priated to the Secretary for fiscal year 2021, out additional health care services, services pro- part I of part B of title XIX of the Public Health
of any money in the Treasury not otherwise ap- vided through the Purchased/Referred Care pro- Service Act (42 U.S.C. 300x et seq.), subpart III
propriated, $330,000,000, to remain available gram, and other related activities; of part B of title XIX of such Act (42 U.S.C.
until September 30, 2023, for the program of pay- (C) $140,000,000 shall be for information tech- 300x–51 et seq.), and section 505(c) of such Act
ments to teaching health centers that operate nology, telehealth infrastructure, and the In- (42 U.S.C. 290aa–4(c)) with respect to mental
graduate medical education under section 340H dian Health Service electronic health records health. Notwithstanding section 1952 of the
of the Public Health Service Act (42 U.S.C. 256h) system; Public Health Service Act (42 U.S.C. 300x–62),
and for teaching health center development (D) $84,000,000 shall be for maintaining oper- any amount awarded to a State out of amounts
grants authorized under section 749A of the ations of the Urban Indian health program, appropriated by this section shall be expended
Public Health Service Act (42 U.S.C. 293l–1). which shall be in addition to other amounts by the State by September 30, 2025.
(b) USE OF FUNDS.—Amounts made available made available under this subsection for Urban SEC. 3052. FUNDING FOR BLOCK GRANTS FOR
pursuant to subsection (a) shall be used for the Indian organizations (as defined in section 4 of PREVENTION AND TREATMENT OF
following activities: the Indian Health Care Improvement Act (25 SUBSTANCE ABUSE.
(1) For making payments to establish new ap- U.S.C. 1603)); In addition to amounts otherwise available,
proved graduate medical residency training pro- (E) $600,000,000 shall be for necessary expenses there is appropriated to the Secretary for fiscal
grams pursuant to section 340H(a)(1)(C) of the to plan, prepare for, promote, distribute, admin- year 2021, out of any money in the Treasury not
Public Health Service Act (42 U.S.C. ister, and track COVID–19 vaccines, for the pur- otherwise appropriated, $1,750,000,000, to remain
256h(a)(1)(C)). poses described in subparagraphs (F) and (G), available until expended, for carrying out sub-
dlhill on DSK120RN23PROD with House
(2) To provide an increase to the per resident and for other vaccine-related activities; part II of part B of title XIX of the Public
amount described in section 340H(a)(2) of the (F) $1,500,000,000 shall be for necessary ex- Health Service Act (42 U.S.C. 300x–21 et seq.),
Public Health Service Act (42 U.S.C. 256h(a)(2)) penses to detect, diagnose, trace, and monitor subpart III of part B of title XIX of such Act (42
of $10,000. COVID–19 infections, activities necessary to U.S.C. 300x–51 et seq.), section 505(d) of such
(3) For making payments under section mitigate the spread of COVID–19, supplies nec- Act (42 U.S.C. 290aa–4(d)) with respect to sub-
340H(a)(1)(A) of the Public Health Service Act essary for such activities, for the purposes de- stance abuse, and section 515(d) of such Act (42
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H790 CONGRESSIONAL RECORD — HOUSE February 26, 2021
U.S.C. 290bb–21(d)). Notwithstanding section sources and Services Administration, shall, tak- SEC. 3058. FUNDING FOR THE NATIONAL CHILD
1952 of the Public Health Service Act (42 U.S.C. ing into consideration the needs of rural and TRAUMATIC STRESS NETWORK.
300x–62), any amount awarded to a State out of medically underserved communities, use In addition to amounts otherwise available,
amounts appropriated by this section shall be amounts appropriated by subsection (a) to there is appropriated to the Secretary for fiscal
expended by the State by September 30, 2025. award grants or contracts to entities providing year 2021, out of any money in the Treasury not
SEC. 3053. FUNDING FOR MENTAL AND BEHAV- health care, including health care providers as- otherwise appropriated, $10,000,000, to remain
IORAL HEALTH TRAINING FOR sociations and Federally qualified health cen- available until expended, for carrying out sec-
HEALTH CARE PROFESSIONALS, ters, to establish, enhance, or expand evidence- tion 582 of the Public Health Service Act (42
PARAPROFESSIONALS, AND PUBLIC
informed programs or protocols to promote men- U.S.C. 290hh–1) with respect to addressing the
SAFETY OFFICERS.
tal and behavioral health among their pro- problem of high-risk or medically underserved
(a) IN GENERAL.—In addition to amounts oth-
viders, other personnel, and members. persons who experience violence-related stress.
erwise available, there is appropriated to the
Secretary for fiscal year 2021, out of any money SEC. 3056. FUNDING FOR COMMUNITY-BASED SEC. 3059. FUNDING FOR PROJECT AWARE.
in the Treasury not otherwise appropriated, FUNDING FOR LOCAL SUBSTANCE In addition to amounts otherwise available,
USE DISORDER SERVICES. there is appropriated to the Secretary for fiscal
$80,000,000, to remain available until expended,
for the purpose described in subsection (b). (a) IN GENERAL.—In addition to amounts oth- year 2021, out of any money in the Treasury not
(b) USE OF FUNDING.—The Secretary, acting erwise available, there is appropriated to the otherwise appropriated, $30,000,000, to remain
through the Administrator of the Health Re- Secretary for fiscal year 2021, out of any money available until expended, for carrying out sec-
sources and Services Administration, shall, tak- in the Treasury not otherwise appropriated, tion 520A of the Public Health Service Act (42
ing into consideration the needs of rural and $30,000,000, to remain available until expended, U.S.C. 290bb–32) with respect to advancing
medically underserved communities, use to carry out the purpose described in subsection wellness and resiliency in education.
amounts appropriated by subsection (a) to (b). SEC. 3059A. FUNDING FOR YOUTH SUICIDE PRE-
award grants or contracts to health professions (b) USE OF FUNDS.— VENTION.
schools, academic health centers, State or local (1) IN GENERAL.—The Secretary, acting In addition to amounts otherwise available,
governments, Indian Tribes and Tribal organi- through the Assistant Secretary for Mental there is appropriated to the Secretary for fiscal
zations, or other appropriate public or private Health and Substance Use and in consultation year 2021, out of any money in the Treasury not
nonprofit entities (or consortia of entities, in- with the Director of the Centers for Disease otherwise appropriated, $20,000,000, to remain
cluding entities promoting multidisciplinary ap- Control and Prevention, shall award grants to available until expended, for carrying out sec-
proaches), to plan, develop, operate, or partici- support States; local, Tribal, and territorial gov- tions 520E and 520E–2 of the Public Health Serv-
pate in health professions and nursing training ernments; Tribal organizations; nonprofit com- ice Act (42 U.S.C. 290bb–36, 290bb–36b).
activities for health care students, residents, munity-based organizations; and primary care
professionals, paraprofessionals, trainees, and SEC. 3059B. FUNDING FOR BEHAVIORAL HEALTH
and behavioral health organizations to support WORKFORCE EDUCATION AND
public safety officers, and employers of such in- community-based overdose prevention programs, TRAINING.
dividuals, in evidence-informed strategies for re- syringe services programs, and other harm re-
ducing and addressing suicide, burnout, and In addition to amounts otherwise available,
duction services, with respect to harms of drug there is appropriated to the Secretary for fiscal
mental and behavioral health conditions (in-
misuse that are exacerbated by the COVID–19 year 2021, out of any money in the Treasury not
cluding substance use disorders) among health
public health emergency. otherwise appropriated, $100,000,000, to remain
care professionals.
SEC. 3054. FUNDING FOR EDUCATION AND
(2) USE OF GRANT FUNDS.—Grant funds available until expended, for carrying out sec-
AWARENESS CAMPAIGN ENCOUR- awarded under this section to eligible entities tion 756 of the Public Health Service Act (42
AGING HEALTHY WORK CONDITIONS may be used for preventing and controlling the U.S.C. 294e–1).
AND USE OF MENTAL AND BEHAV- spread of infectious diseases and the con-
IORAL HEALTH SERVICES BY
CHAPTER 7—EXCHANGE GRANT PROGRAM
sequences of such diseases for individuals with
HEALTH CARE PROFESSIONALS. substance use disorder, distributing opioid over- SEC. 3061. ESTABLISHING A GRANT PROGRAM
(a) IN GENERAL.—In addition to amounts oth- dose reversal medication to individuals at risk of FOR EXCHANGE MODERNIZATION.
erwise available, there is appropriated to the overdose, connecting individuals at risk for, or (a) IN GENERAL.—Out of funds appropriated
Secretary for fiscal year 2021, out of any money with, a substance use disorder to overdose edu- under subsection (b), the Secretary shall award
in the Treasury not otherwise appropriated, cation, counseling, and health education, and grants to each American Health Benefits Ex-
$20,000,000, to remain available until expended, encouraging such individuals to take steps to re- change established under section 1311(b) of the
for the purpose described in subsection (b). duce the negative personal and public health Patient Protection and Affordable Care Act (42
(b) USE OF FUNDS.—The Secretary, acting impacts of substance use or misuse. U.S.C. 18031(b)) (other than an Exchange estab-
through the Director of the Centers for Disease lished by the Secretary under section 1321(c) of
Control and Prevention and in consultation SEC. 3057. FUNDING FOR COMMUNITY-BASED
FUNDING FOR LOCAL BEHAVIORAL such Act (42 U.S.C. 18041(c))) that submits to
with the medical professional community, shall HEALTH NEEDS. the Secretary an application at such time and in
use amounts appropriated by subsection (a) to such manner, and containing such information,
carry out a national evidence-based education (a) IN GENERAL.—In addition to amounts oth-
erwise available, there is appropriated to the as specified by the Secretary, for purposes of en-
and awareness campaign directed at health care abling such Exchange to modernize or update
professionals and first responders (such as emer- Secretary for fiscal year 2021, out of any money
in the Treasury not otherwise appropriated, any system, program, or technology utilized by
gency medical service providers), and employers such Exchange to ensure such Exchange is com-
of such professionals and first responders. Such $50,000,000, to remain available until expended,
to carry out the purpose described in subsection pliant with all applicable requirements.
awareness campaign shall— (b) FUNDING.—There is appropriated, out of
(1) encourage primary prevention of mental (b).
any monies in the Treasury not otherwise obli-
and behavioral health conditions and secondary (b) USE OF FUNDS.—
gated, $20,000,000, to remain available until ex-
and tertiary prevention by encouraging health (1) IN GENERAL.—The Secretary, acting pended, for carrying out this section.
care professionals to seek support and treatment through the Assistant Secretary for Mental
for their own behavioral health concerns; Health and Substance Use, shall award grants Subtitle B—Medicaid
(2) help such professionals to identify risk fac- to State, local, Tribal, and territorial govern- SEC. 3101. MANDATORY COVERAGE OF COVID–19
tors in themselves and others and respond to ments, Tribal organizations, nonprofit commu- VACCINES AND ADMINISTRATION
such risks; nity-based entities, and primary care and be- AND TREATMENT UNDER MEDICAID.
(3) include information on reducing or pre- havioral health organizations to address in- (a) COVERAGE.—
venting suicide, substance use disorders, burn- creased community behavioral health needs (1) IN GENERAL.—Section 1905(a)(4) of the So-
out, and other mental and behavioral health worsened by the COVID–19 public health emer- cial Security Act (42 U.S.C. 1396d(a)(4)) is
conditions, and addressing stigma associated gency. amended—
with seeking mental and behavioral health sup- (2) USE OF GRANT FUNDS.—Grant funds (A) by striking ‘‘and (D)’’ and inserting
port and treatment; and awarded under this section to eligible entities ‘‘(D)’’; and
(4) consider the needs of rural and medically
may be used for promoting care coordination (B) by striking the semicolon at the end and
underserved communities.
among local entities; training the mental and inserting ‘‘; (E) during the period beginning on
SEC. 3055. FUNDING FOR GRANTS FOR HEALTH
behavioral health workforce, relevant stake- the date of the enactment of the American Res-
CARE PROVIDERS TO PROMOTE MEN-
TAL AND BEHAVIORAL HEALTH holders, and community members; expanding cue Plan Act of 2021 and ending on the last day
AMONG THEIR HEALTH PROFES- evidence-based integrated models of care; ad- of the first calendar quarter that begins at least
SIONAL WORKFORCE. dressing surge capacity for mental and behav- one year after the last day of the emergency pe-
(a) IN GENERAL.—In addition to amounts oth- ioral health needs; providing mental and behav- riod described in section 1135(g)(1)(B), a
erwise available, there is appropriated to the ioral health services to individuals with mental COVID–19 vaccine and administration of the
dlhill on DSK120RN23PROD with House
Secretary for fiscal year 2021, out of any money health needs (including co-occurring substance vaccine; and (F) during the period beginning on
in the Treasury not otherwise appropriated, use disorders) as delivered by behavioral and the date of the enactment of the American Res-
$40,000,000, to remain available until expended, mental health professionals utilizing telehealth cue Plan Act of 2021 and ending on the last day
for the purpose described in subsection (b). services; and supporting, enhancing, or expand- of the first calendar quarter that begins at least
(b) USE OF FUNDS.—The Secretary, acting ing mental and behavioral health preventive one year after the last day of the emergency pe-
through the Administrator of the Health Re- and crisis intervention services. riod described in section 1135(g)(1)(B), testing
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H791
and treatments for COVID-19, including special- (iii) by adding at the end the following sub- ‘‘(E) Drugs and biological products to which
ized equipment and therapies (including preven- paragraphs: section 1905(a)(4)(F) and subclause (XVIII) in
tive therapies), and, without regard to the re- ‘‘(H) during the period beginning on the date the matter following subparagraph (G) of sec-
quirements of section 1902(a)(10)(B) (relating to of the enactment of this subparagraph and end- tion 1902(a)(10) apply that are furnished as
comparability), in the case of an individual who ing on the last day of the first calendar quarter medical assistance in accordance with such sec-
is diagnosed with or presumed to have COVID– that begins at least one year after the last day tion or clause, respectively, and section
19, during the period such individual has (or is of the emergency period described in section 1902(a)(10)(A), for the treatment or prevention,
presumed to have) COVID–19, the treatment of 1135(g)(1)(B), a COVID–19 vaccine and the ad- of COVID–19, as described in such subpara-
a condition that may seriously complicate the ministration of such vaccine (for any individual graph of subclause, respectively.’’.
treatment of COVID–19, if otherwise covered eligible for medical assistance for such vaccine (5) ALTERNATIVE BENEFIT PLANS.—Section
under the State plan (or waiver of such plan);’’. (and administration)); or 1937(b) of the Social Security Act (42 U.S.C.
(2) MAKING COVID–19 VACCINE AVAILABLE TO ‘‘(I) during the period beginning on the date 1396u–7(b)) is amended by adding at the end the
ADDITIONAL ELIGIBILITY GROUPS AND TREATMENT of the enactment of this subparagraph and end- following new paragraph:
AVAILABLE TO CERTAIN UNINSURED.—Section ing on the last day of the first calendar quarter ‘‘(8) COVID–19 VACCINES, TESTING, AND
1902(a)(10) of such Act (42 U.S.C. 1396a(a)(10)) is that begins at least one year after the last day TREATMENT.—Notwithstanding the previous pro-
amended in the matter following subparagraph of the emergency period described in section visions of this section, a State may not provide
(G)— 1135(g)(1)(B), testing and treatments for for medical assistance through enrollment of an
(A) by striking ‘‘and to other conditions COVID-19, including specialized equipment and individual with benchmark coverage or bench-
which may complicate pregnancy, (VIII)’’ and therapies (including preventive therapies), and, mark-equivalent coverage under this section un-
inserting ‘‘, medical assistance for services re- in the case of an individual who is diagnosed less, during the period beginning on the date of
lated to other conditions which may complicate with or presumed to have COVID–19, during the the enactment of the American Rescue Plan Act
pregnancy, and medical assistance for vaccines period during which such individual has (or is of 2021 and ending on the last day of the first
described in section 1905(a)(4)(E) and the ad- presumed to have) COVID–19, the treatment of calendar quarter that begins at least one year
ministration of such vaccines during the period a condition that may seriously complicate the after the last day of the emergency period de-
described in such section, (VIII)’’; treatment of COVID–19, if otherwise covered scribed in section 1135(g)(1)(B), such coverage
(B) by inserting ‘‘and medical assistance for under the State plan (or waiver of such plan); includes (and does not impose any deduction,
vaccines described in section 1905(a)(4)(E) and and’’. cost sharing, or similar charge for)—
the administration of such vaccines during the (B) APPLICATION TO ALTERNATIVE COST SHAR- ‘‘(A) COVID–19 vaccines and administration
period described in such section’’ after ‘‘(de- ING.—Section 1916A(b)(3)(B) of the Social Secu- of the vaccines; and
scribed in subsection (z)(2))’’; rity Act (42 U.S.C. 1396o–1(b)(3)(B)) is amend- ‘‘(B) testing and treatments for COVID-19, in-
(C) by striking ‘‘cancer (XV)’’ and inserting ed— cluding specialized equipment and therapies (in-
‘‘cancer, (XV)’’; (i) in clause (xi), by striking ‘‘any visit’’ and cluding preventive therapies), and, in the case
(D) by inserting ‘‘and medical assistance for inserting ‘‘any service’’; and of such an individual who is diagnosed with or
vaccines described in section 1905(a)(4)(E) and (ii) by adding at the end the following presumed to have COVID–19, during the period
the administration of such vaccines during the clauses: such individual has (or is presumed to have)
period described in such section’’ after ‘‘de- ‘‘(xii) During the period beginning on the date COVID–19, the treatment of a condition that
scribed in subsection (k)(1)’’; of the enactment of this clause and ending on may seriously complicate the treatment of
(E) by inserting ‘‘and medical assistance for the last day of the first calendar quarter that COVID–19, if otherwise covered under the State
vaccines described in section 1905(a)(4)(E) and begins at least one year after the last day of the plan (or waiver of such plan).’’.
the administration of such vaccines during the emergency period described in section (b) TEMPORARY INCREASE IN FEDERAL PAY-
period described in such section’’ after ‘‘family 1135(g)(1)(B), a COVID–19 vaccine and the ad- MENTS FOR COVERAGE AND ADMINISTRATION OF
planning setting’’; ministration of such vaccine (for any individual COVID–19 VACCINES.—Section 1905 of the Social
(F) by striking ‘‘and (XVIII)’’ and inserting eligible for medical assistance for such vaccine Security Act (42 U.S.C. 1396d) is amended—
‘‘(XVIII)’’; (and administration)). (1) in subsection (b), by striking ‘‘and (ff)’’
(G) by striking ‘‘and any visit described in ‘‘(xiii) During the period beginning on the and inserting ‘‘(ff), and (hh)’’;
section 1916(a)(2)(G) that is furnished during date of the enactment of this clause and ending (2) in subsection (ff), in the matter preceding
any such portion’’ and inserting ‘‘, any service on the last day of the first calendar quarter that paragraph (1), by inserting ‘‘, subject to sub-
described in section 1916(a)(2)(G) that is fur- begins at least one year after the last day of the section (hh)’’ after ‘‘or (z)(2)’’ and
nished during any such portion, any vaccine de- emergency period described in section (3) by adding at the end the following new
scribed in section 1905(a)(4)(E) (and the admin- 1135(g)(1)(B), testing and treatments for subsection:
istration of such vaccine) that is furnished dur- ‘‘(hh) TEMPORARY INCREASED FMAP FOR
COVID-19, including specialized equipment and
ing any such portion, and testing and treat- MEDICAL ASSISTANCE FOR COVERAGE AND AD-
therapies (including preventive therapies), and,
MINISTRATION OF COVID–19 VACCINES.—
ments for COVID-19, including specialized in the case of an individual who is diagnosed ‘‘(1) IN GENERAL.—Notwithstanding any other
equipment and therapies (including preventive with or presumed to have COVID–19, during the provision of this title, during the period de-
therapies), and, in the case of an individual period during which such individual has (or is scribed in paragraph (2), the Federal medical
who is diagnosed with or presumed to have presumed to have) COVID–19, the treatment of assistance percentage for a State, with respect
COVID–19, during the period such individual a condition that may seriously complicate the to amounts expended by the State for medical
has (or is presumed to have) COVID–19, the treatment of COVID–19, if otherwise covered assistance for a vaccine described in subsection
treatment of a condition that may seriously under the State plan (or waiver of such plan).’’. (a)(4)(E) (and the administration of such a vac-
complicate the treatment of COVID–19, if other- (4) INCLUSION IN THE MEDICAID DRUG REBATE
cine), shall be equal to 100 percent.
wise covered under the State plan (or waiver of PROGRAM OF COVERED OUTPATIENT DRUGS USED
‘‘(2) PERIOD DESCRIBED.—The period described
such plan)’’; and FOR COVID–19 TREATMENT.—
in this paragraph is the period that—
(H) by striking the semicolon at the end and (A) IN GENERAL.—The requirements of section ‘‘(A) begins on the first day of the first quar-
inserting ‘‘, and (XIX) medical assistance shall 1927 of the Social Security Act (42 U.S.C. 1396r– ter beginning after the date of the enactment of
be made available during the period described in 8) shall apply to any drug or biological product this subsection; and
section 1905(a)(4)(E) for vaccines described in to which subparagraph (F) of section 1905(a)(4) ‘‘(B) ends on the last day of the first quarter
such section and the administration of such of such Act, as added by paragraph (1), applies that begins at least one year after the last day
vaccines, for any individual who is eligible for or to which the subclause (XVIII) in the matter of the emergency period described in section
and receiving medical assistance under the State following subparagraph (G) of section 1135(g)(1)(B).
plan or under a waiver of such plan (other than 1902(a)(10) of such Act, as added by paragraph ‘‘(3) EXCLUSION OF EXPENDITURES FROM TER-
an individual who is eligible for medical assist- (2) applies, that is— RITORIAL CAPS.—Any payment made to a terri-
ance consisting only of payment of premiums (i) furnished as medical assistance in accord- tory for expenditures for medical assistance
pursuant to subparagraph (E) or (F) or section ance with such subparagraph (F) or subclause under subsection (a)(4)(E) that are subject to
1933), notwithstanding any provision of this (XVIII) and section 1902(a)(10)(A) of such Act, the Federal medical assistance percentage speci-
title limiting such individual’s eligibility for as applicable, for the treatment, or prevention, fied under paragraph (1) shall not be taken into
medical assistance under such plan or waiver to of COVID-19, as described in such subpara- account for purposes of applying payment limits
coverage for a limited type of benefits and serv- graph or subclause, respectively; and under subsections (f) and (g) of section 1108.’’.
ices that would not otherwise include coverage (ii) a covered outpatient drug (as defined in SEC. 3102. MODIFICATIONS TO CERTAIN COV-
of a COVID–19 vaccine and its administra- section 1927(k) of such Act, except that, in ap- ERAGE UNDER MEDICAID FOR PREG-
tion;’’. plying paragraph (2)(A) of such section to a NANT AND POSTPARTUM WOMEN.
(3) PROHIBITION OF COST SHARING.— drug to which such subparagraph (F) or such (a) STATE OPTION.—Section 1902(e) of the So-
(A) IN GENERAL.—Subsections (a)(2) and (b)(2) subclause (XVIII) applies, such drug shall be cial Security Act (42 U.S.C. 1396a(e)) is amended
dlhill on DSK120RN23PROD with House
of section 1916 of the Social Security Act (42 deemed a prescribed drug for purposes of section by adding at the end the following new para-
U.S.C. 1396o) are each amended— 1905(a)(12) of such Act). graph:
(i) in subparagraph (F), by striking ‘‘or’’ at (B) CONFORMING AMENDMENT.—Section ‘‘(16) EXTENDING CERTAIN COVERAGE FOR
the end; 1927(d)(7) of the Social Security Act (42 U.S.C. PREGNANT AND POSTPARTUM WOMEN.—
(ii) in subparagraph (G), by striking ‘‘; and’’; 1396r–8(d)(7)) is amended by adding at the end ‘‘(A) IN GENERAL.—At the option of the State,
and the following new subparagraph: the State plan (or waiver of such State plan)
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H792 CONGRESSIONAL RECORD — HOUSE February 26, 2021
may provide, that an individual who, while ‘‘(A) outside of a hospital or other facility set- ‘‘(e) FUNDING FOR STATE PLANNING GRANTS.—
pregnant, is eligible for and has received med- ting; and There is appropriated, out of any funds in the
ical assistance under the State plan approved ‘‘(B) experiencing a mental health or sub- Treasury not otherwise appropriated, $15,000,000
under this title (or a waiver of such plan) (in- stance use disorder crisis; to the Secretary for purposes of implementing,
cluding during a period of retroactive eligibility ‘‘(2) furnished by a multidisciplinary mobile administering, and making planning grants to
under subsection (a)(34)) shall, in addition to crisis team— States as soon as practicable for purposes of de-
remaining eligible under paragraph (5) for all ‘‘(A) that includes at least 1 behavioral health veloping a State plan amendment or section
pregnancy-related and postpartum medical as- care professional who is capable of conducting 1115, 1915(b), or 1915(c) waiver request (or an
sistance available under the State plan (or an assessment of the individual, in accordance amendment to such a waiver) to provide quali-
waiver) through the last day of the month in with the professional’s permitted scope of prac- fying community-based mobile crisis interven-
which the 60-day period (beginning on the last tice under State law, and other professionals or tion services under this section, to remain avail-
day of her pregnancy) ends, remain eligible paraprofessionals with appropriate expertise in able until expended.’’
under the State plan (or waiver) for medical as- behavioral health or mental health crisis re- SEC. 3104. TEMPORARY INCREASE IN FMAP FOR
sistance for the period beginning on the first sponse, including nurses, social workers, peer MEDICAL ASSISTANCE UNDER STATE
day occurring after the end of such 60-day pe- support specialists, and others, as designated by MEDICAID PLANS WHICH BEGIN TO
riod and ending on the last day of the month in the State through a State plan amendment (or EXPEND AMOUNTS FOR CERTAIN
waiver of such plan); MANDATORY INDIVIDUALS.
which the 12-month period (beginning on the
last day of her pregnancy) ends. ‘‘(B) whose members are trained in trauma-in- Section 1905 of the Social Security Act (42
‘‘(B) FULL BENEFITS DURING PREGNANCY AND formed care, de-escalation strategies, and harm U.S.C. 1396d), as amended by section 3101 of this
THROUGHOUT THE 12-MONTH POSTPARTUM PE- reduction; subtitle, is further amended—
RIOD.—The medical assistance provided for a ‘‘(C) that is able to respond in a timely man- (1) in subsection (b), in the first sentence, by
pregnant or postpartum individual by a State ner and, where appropriate, provide— striking ‘‘and (hh)’’ and inserting ‘‘(hh), and
making an election under this paragraph, with- ‘‘(i) screening and assessment; (ii)’’;
out regard to the basis on which the individual ‘‘(ii) stabilization and de-escalation; and (2) in subsection (ff), by striking ‘‘subject to
is eligible for medical assistance under the State ‘‘(iii) coordination with, and referrals to, subsection (hh)’’ and inserting ‘‘subject to sub-
plan (or waiver), shall— health services as needed; sections (hh) and (ii)’’; and
‘‘(i) include all items and services covered ‘‘(D) that maintains relationships with rel- (3) by adding at the end the following new
under the State plan (or waiver) that are not evant community partners, including medical subsection:
less in amount, duration, or scope, or are deter- and behavioral health providers, primary care ‘‘(ii) TEMPORARY INCREASE IN FMAP FOR
mined by the Secretary to be substantially providers, community health centers, crisis res- MEDICAL ASSISTANCE UNDER STATE MEDICAID
equivalent, to the medical assistance available pite centers, and managed care organizations (if PLANS WHICH BEGIN TO EXPEND AMOUNTS FOR
for an individual described in subsection applicable); CERTAIN MANDATORY INDIVIDUALS.—
(a)(10)(A)(i); and ‘‘(E) that maintains the privacy and confiden- ‘‘(1) IN GENERAL.—For each quarter occurring
‘‘(ii) be provided for the individual while preg- tiality of patient information consistent with during the 8-quarter period beginning with the
nant and during the 12-month period that be- Federal and State requirements; and first calendar quarter during which a qualifying
gins on the last day of the individual’s preg- ‘‘(3) available 24 hours per day, every day of State (as defined in paragraph (3)) expends
nancy and ends on the last day of the month in the year. amounts for all individuals described in section
which such 12-month period ends. ‘‘(c) PAYMENTS.—Notwithstanding section 1902(a)(10)(A)(i)(VIII) under the State plan (or
‘‘(C) COVERAGE UNDER CHIP.—A State making 1905(b) or 1905(ff) and subject to subsections (y) waiver of such plan), the Federal medical assist-
an election under this paragraph that covers and (z) of section 1905, during each of the first ance percentage determined under subsection (b)
under title XXI child health assistance for tar- 12 fiscal quarters occurring during the period for such State shall, after application of any in-
geted low-income children who are pregnant or described in subsection (a) that a State meets crease, if applicable, under section 6008 of the
targeted low-income pregnant women, as appli- the requirements described in subsection (d), the Families First Coronavirus Response Act, be in-
cable, shall also make the election under section Federal medical assistance percentage applica- creased by 5 percentage points, except for any
2107(e)(1)(J) of such title.’’. ble to amounts expended by the State for med- quarter (and each subsequent quarter) during
(b) EFFECTIVE DATE.—The amendment made ical assistance for qualifying community-based such period during which the State ceases to
by subsection (a) shall apply with respect to mobile crisis intervention services furnished dur- provide medical assistance to any such indi-
State elections made under paragraph (16) of ing such quarter shall be equal to 85 percent. In vidual under the State plan (or waiver of such
section 1902(e) of the Social Security Act (42 no case shall the application of the previous plan).
U.S.C. 1396a(e)), as added by subsection (a), sentence result in the Federal medical assistance ‘‘(2) SPECIAL APPLICATION RULES.—Any in-
during the 7-year period beginning on the 1st percentage applicable to amounts expended by a crease described in paragraph (1) (or payment
day of the 1st fiscal year quarter that begins at State for medical assistance for such qualifying made for expenditures on medical assistance
least one year after the date of the enactment of community-based mobile crisis intervention serv- that are subject to such increase)—
this Act. ices furnished during a quarter being less than ‘‘(A) shall not apply with respect to dispropor-
SEC. 3103. STATE OPTION TO PROVIDE QUALI- the Federal medical assistance percentage that tionate share hospital payments described in
FYING COMMUNITY-BASED MOBILE would apply to such amounts expended by the section 1923;
CRISIS INTERVENTION SERVICES. State for such services furnished during such ‘‘(B) shall not be taken into account in calcu-
Title XIX of the Social Security Act is amend- quarter without application of the previous sen- lating the enhanced FMAP of a State under sec-
ed by adding after section 1946 (42 U.S.C 1396w– tence. tion 2105;
5) the following new section: ‘‘(d) REQUIREMENTS.—The requirements de- ‘‘(C) shall not be taken into account for pur-
‘‘SEC. 1947. STATE OPTION TO PROVIDE QUALI- scribed in this paragraph are the following: poses of part A, D, or E of title IV; and
FYING COMMUNITY-BASED MOBILE ‘‘(1) The State demonstrates, to the satisfac- ‘‘(D) shall not be taken into account for pur-
CRISIS INTERVENTION SERVICES. tion of the Secretary that it will be able to sup- poses of applying payment limits under sub-
‘‘(a) IN GENERAL.—Notwithstanding section port the provision of qualifying community- sections (f) and (g) of section 1108.
1902(a)(1) (relating to Statewideness), section based mobile crisis intervention services that ‘‘(3) DEFINITION.—For purposes of this sub-
1902(a)(10)(B) (relating to comparability), sec- meet the conditions specified in subsection (b); section, the term ‘qualifying State’ means a
tion 1902(a)(23)(A) (relating to freedom of choice and State which has not expended amounts for all
of providers), or section 1902(a)(27) (relating to ‘‘(2) The State provides assurances satisfac- individuals described in section
provider agreements), a State may, during the 5- tory to the Secretary that— 1902(a)(10)(A)(i)(VIII) before the date of the en-
year period beginning on the first day of the ‘‘(A) any additional Federal funds received by actment of this subsection.’’.
first fiscal year quarter that begins on or after the State for qualifying community-based mobile SEC. 3105. EXTENSION OF 100 PERCENT FEDERAL
the date that is 1 year after the date of the en- crisis intervention services provided under this MEDICAL ASSISTANCE PERCENTAGE
actment of this section, provide medical assist- section that are attributable to the increased TO URBAN INDIAN HEALTH ORGANI-
ance for qualifying community-based mobile cri- Federal medical assistance percentage under ZATIONS AND NATIVE HAWAIIAN
sis intervention services under a State plan subsection (c) will be used to supplement, and HEALTH CARE SYSTEMS.
amendment or waiver approved under section not supplant, the level of State funds expended Section 1905(b) of the Social Security Act (42
1115 or subsection (b) or (c) of section 1915. for such services for the fiscal year preceding U.S.C. 1396d(b)) is amended by inserting after
‘‘(b) QUALIFYING COMMUNITY-BASED MOBILE the first fiscal quarter occurring during the pe- ‘‘(as defined in section 4 of the Indian Health
CRISIS INTERVENTION SERVICES DEFINED.—For riod described in subsection (a); Care Improvement Act)’’ the following: ‘‘; for
purposes of this section, the term ‘qualifying ‘‘(B) if the State made qualifying community- the 8 fiscal year quarters beginning with the
community-based mobile crisis intervention serv- based mobile crisis intervention services avail- first fiscal year quarter beginning after the date
ices’ means, with respect to a State, items and able in a region of the State in such fiscal year, of the enactment of the American Rescue Plan
dlhill on DSK120RN23PROD with House
services for which medical assistance is avail- the State will continue to make such services Act of 2021, the Federal medical assistance per-
able under the State plan under this title or a available in such region under this section dur- centage shall also be 100 per centum with re-
waiver of such plan, that are— ing each month occurring during the period de- spect to amounts expended as medical assistance
‘‘(1) furnished to an individual otherwise eli- scribed in subsection (a) for which the Federal for services which are received through an
gible for medical assistance under the State plan medical assistance percentage under subsection Urban Indian organization (as defined in para-
(or waiver of such plan) who is— (c) is applicable with respect to the State. graph (29) of section 4 of the Indian Health
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H793
Care Improvement Act) that has a grant or con- (vii) Such other services specified by the Sec- ‘‘(ii) NO APPLICATION TO ALLOTMENTS BEGIN-
tract with the Indian Health Service under title retary of Health and Human Services. NING AFTER COVID–19 EMERGENCY PERIOD.—The
V of such Act; and, for such 8 fiscal year quar- (C) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible DSH allotment for any State for the first fiscal
ters, the Federal medical assistance percentage individual’’ means an individual who is eligible year beginning after the end of the emergency
shall also be 100 per centum with respect to for and enrolled for medical assistance under a period described in section 1135(g)(1)(B) or any
amounts expended as medical assistance for State Medicaid program and includes an indi- succeeding fiscal year shall be determined under
services which are received through a Native vidual who becomes eligible for medical assist- this paragraph without regard to the DSH allot-
Hawaiian Health Center (as defined in section ance under a State Medicaid program when re- ments determined under clause (i).’’.
12(4) of the Native Hawaiian Health Care Im- moved from a waiting list. (b) EFFECTIVE DATE.—The amendment made
provement Act) or a qualified entity (as defined (D) MEDICAID PROGRAM.—The term ‘‘Medicaid by subsection (a) shall take effect and apply as
in section 6(b) of such Act) that has a grant or program’’ means, with respect to a State, the if included in the enactment of the Families
contract with the Papa Ola Lokahi under sec- State program under title XIX of the Social Se- First Coronavirus Response Act (Public Law
tion 8 of such Act’’. curity Act (42 U.S.C. 1396 et seq.) (including any 116–127).
SEC. 3106. SUNSET OF LIMIT ON MAXIMUM RE- waiver or demonstration under such title or
under section 1115 of such Act (42 U.S.C. 1315) Subtitle C—Children’s Health Insurance
BATE AMOUNT FOR SINGLE SOURCE
DRUGS AND INNOVATOR MULTIPLE relating to such title). Program
SOURCE DRUGS. (E) STATE.—The term ‘‘State’’ has the mean- SEC. 3201. MANDATORY COVERAGE OF COVID–19
Section 1927(c)(2)(D) of the Social Security Act ing given such term for purposes of title XIX of VACCINES AND ADMINISTRATION
(42 U.S.C. 1396r–8(c)(2)(D)) is amended by in- the Social Security Act (42 U.S.C. 1396 et seq.). AND TREATMENT UNDER CHIP.
serting after ‘‘December 31, 2009,’’ the following: (b) STATE REQUIREMENTS FOR FMAP IN- (a) COVERAGE.—
‘‘and before January 1, 2023,’’. CREASE.—As conditions for receipt of the in- (1) IN GENERAL.—Section 2103(c) of the Social
SEC. 3107. ADDITIONAL SUPPORT FOR MEDICAID crease under subsection (a) to the Federal med- Security Act (42 U.S.C. 1397cc(c)) is amended by
HOME AND COMMUNITY-BASED ical assistance percentage determined for a adding at the end the following paragraph:
SERVICES DURING THE COVID–19 State, the State shall meet each of the following ‘‘(11) REQUIRED COVERAGE OF COVID–19 VAC-
EMERGENCY. requirements (referred to in subsection (a) as the CINES AND TREATMENT.—Regardless of the type
(a) INCREASED FMAP.— HCBS program requirements): of coverage elected by a State under subsection
(1) IN GENERAL.—Notwithstanding section (1) SUPPLEMENT, NOT SUPPLANT.—The State (a), the child health assistance provided for a
1905(b) of the Social Security Act (42 U.S.C. shall use the Federal funds attributable to the targeted low-income child, and, in the case of a
1396d(b)) or section 1905(ff), in the case of a increase under subsection (a) to supplement, State that elects to provide pregnancy-related
State that meets the HCBS program require- and not supplant, the level of State funds ex- assistance pursuant to section 2112, the preg-
ments under subsection (b), the Federal medical pended for home and community-based services nancy-related assistance provided for a targeted
assistance percentage determined for the State for eligible individuals through programs in ef- low-income pregnant woman (as such terms are
under section 1905(b) of such Act (or, if applica- fect as of April 1, 2021. defined for purposes of such section), shall in-
ble, under section 1905(ff)) and, if applicable, (2) REQUIRED IMPLEMENTATION OF CERTAIN clude coverage, during the period beginning on
increased under subsection (y), (z), (aa), or (ii) ACTIVITIES.—The State shall implement, or sup- the date of the enactment of this paragraph and
of section 1905 of such Act (42 U.S.C. 1396d), sec- plement the implementation of, one or more ac- ending on the last day of the first calendar
tion 1915(k) of such Act (42 U.S.C. 1396n(k)), or tivities to enhance, expand, or strengthen home quarter that begins at least one year after the
section 6008(a) of the Families First Coronavirus and community-based services under the State last day of the emergency period described in
Response Act (Public Law 116–127), shall be in- Medicaid program. section 1135(g)(1)(B), of—
creased by 7.35 percentage points with respect to SEC. 3108. FUNDING FOR STATE STRIKE TEAMS ‘‘(A) a COVID–19 vaccine (and the adminis-
expenditures of the State under the State Med- FOR RESIDENT AND EMPLOYEE tration of the vaccine); and
icaid program for home and community-based SAFETY IN NURSING FACILITIES. ‘‘(B) testing and treatments for COVID-19, in-
services (as defined in paragraph (2)(B)) that Section 1919 of the Social Security Act (42 cluding specialized equipment and therapies (in-
are provided during the HCBS program improve- U.S.C. 1396r) is amended by adding at the end cluding preventive therapies), and, in the case
ment period (as defined in paragraph (2)(A)). In the following new subsection: of an individual who is diagnosed with or pre-
no case may the application of the previous sen- ‘‘(k) FUNDING FOR STATE STRIKE TEAMS.—In sumed to have COVID–19, during the period
tence result in the Federal medical assistance addition to amounts otherwise available, there during which such individual has (or is pre-
percentage determined for a State being more is appropriated to the Secretary, out of any
than 95 percent with respect to such expendi- sumed to have) COVID–19, the treatment of a
monies in the Treasury not otherwise appro- condition that may seriously complicate the
tures. Any payment made to Puerto Rico, the priated, $250,000,000, to remain available until
Virgin Islands, Guam, the Northern Mariana Is- treatment of COVID–19, if otherwise covered
expended, for purposes of allocating such under the State child health plan (or waiver of
lands, or American Samoa for expenditures on amount among the States (including the District
medical assistance that are subject to the Fed- such plan).’’.
of Columbia and each territory of the United (2) PROHIBITION OF COST SHARING.—Section
eral medical assistance percentage increase States) for such a State to establish and imple-
specified under the first sentence of this para- 2103(e)(2) of the Social Security Act (42 U.S.C.
ment a strike team that will be deployed to a 1397cc(e)(2)), as amended by section 6004(b)(3) of
graph shall not be taken into account for pur- nursing facility in the State with diagnosed or
poses of applying payment limits under sub- the Families First Coronavirus Response Act, is
suspected cases of COVID–19 among residents or amended—
sections (f) and (g) of section 1108 of the Social staff for the purposes of assisting with clinical
Security Act (42 U.S.C. 1308). (A) in the paragraph header, by inserting ‘‘A
care, infection control, or staffing during the COVID–19 VACCINE, COVID–19 TREATMENT,’’ before
(2) DEFINITIONS.—In this section: emergency period described in section
(A) HCBS PROGRAM IMPROVEMENT PERIOD.— ‘‘OR PREGNANCY-RELATED ASSISTANCE’’; and
1135(g)(1)(B).’’. (B) by striking ‘‘visits described in section
The term ‘‘HCBS program improvement period’’
SEC. 3109. SPECIAL RULE FOR THE PERIOD OF A
means, with respect to a State, the period— 1916(a)(2)(G), or’’ and inserting ‘‘services de-
DECLARED PUBLIC HEALTH EMER-
(i) beginning on April 1, 2021; and GENCY RELATED TO CORONAVIRUS. scribed in section 1916(a)(2)(G), vaccines de-
(ii) ending on March 31, 2022. scribed in section 1916(a)(2)(H) administered
(B) HOME AND COMMUNITY-BASED SERVICES.— (a) IN GENERAL.—Section 1923(f)(3) of the So-
cial Security Act (42 U.S.C. 1396r-4(f)(3)) is during the period described in such section (and
The term ‘‘home and community-based services’’ the administration of such vaccines), testing or
means any of the following: amended—
(1) in subparagraph (A), by striking ‘‘sub- treatments described in section 1916(a)(2)(I) fur-
(i) Home health care services authorized under nished during the period described in such sec-
paragraph (7) of section 1905(a) of the Social Se- paragraph (E)’’ and inserting ‘‘subparagraphs
(E) and (F)’’ ; and tion, or’’.
curity Act (42 U.S.C. 1396d(a)). (b) TEMPORARY INCREASE IN FEDERAL PAY-
(ii) Personal care services authorized under (2) by adding at the end the following new
subparagraph: MENTS FOR COVERAGE AND ADMINISTRATION OF
paragraph (24) of such section.
‘‘(F) ALLOTMENTS DURING THE CORONAVIRUS COVID–19 VACCINES.—Section 2105(c) of the So-
(iii) PACE services authorized under para-
TEMPORARY MEDICAID FMAP INCREASE.— cial Security Act (42 U.S.C. 1397ee(c)) is amend-
graph (26) of such section.
(iv) Home and community-based services au- ‘‘(i) IN GENERAL.—Notwithstanding any other ed by adding at the end the following new para-
thorized under subsections (b), (c), (i), (j), and provision of this subsection, for any fiscal year graph:
(k) of section 1915 of such Act (42 U.S.C. 1396n), for which the Federal medical assistance per- ‘‘(12) TEMPORARY ENHANCED PAYMENT FOR
such services authorized under a waiver under centage applicable to expenditures under this COVERAGE AND ADMINISTRATION OF COVID–19
section 1115 of such Act (42 U.S.C. 1315), and section is increased pursuant to section 6008 of VACCINES.—During the period described in sec-
such services through coverage authorized the Families First Coronavirus Response Act, tion 1905(hh)(2), notwithstanding subsection (b),
under section 1937 of such Act (42 U.S.C. 1396u– the Secretary shall recalculate the annual DSH the enhanced FMAP for a State, with respect to
7). allotment, including the DSH allotment speci- payments under subsection (a) for expenditures
(v) Case management services authorized fied under paragraph (6)(A)(vi), to ensure that under the State child health plan (or a waiver
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under section 1905(a)(19) of the Social Security the total DSH payments (including both Federal of such plan) for a vaccine described in section
Act (42 U.S.C. 1396d(a)(19)) and section 1915(g) and State shares) that a State may make related 1905(a)(4)(E) (and the administration of such a
of such Act (42 U.S.C. 1396n(g)). to a fiscal year is equal to the total DSH pay- vaccine), shall be equal to 100 percent.’’.
(vi) Rehabilitative services, including those re- ments that the State could have made for such (c) ADJUSTMENT OF CHIP ALLOTMENTS.—Sec-
lated to behavioral health, described in section fiscal year without such increase to the Federal tion 2104(m) of the Social Security Act (42 U.S.C.
1905(a)(13) of such Act (42 U.S.C. 1396d(a)(13)). medical assistance percentage. 1397dd(m)) is amended—
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H794 CONGRESSIONAL RECORD — HOUSE February 26, 2021
(1) in paragraph (2)(B), in the matter pre- U.S.C. 1396a(e)), as added by section 3102(a) of with income equal or less than 150 percent of the
ceding clause (i), by striking ‘‘paragraphs (5) subtitle B of this title, during the 7-year period Federal poverty line; and
and (7)’’ and inserting ‘‘paragraphs (5), (7), and beginning on the 1st day of the 1st fiscal year (B) the percentage of households in the State,
(12)’’; and quarter that begins at least one year after the or under the jurisdiction of the Indian Tribe,
(2) by adding at the end the following new date of the enactment of this Act. that spend more than 30 percent of monthly in-
paragraph: Subtitle D—Other Provisions come on housing; and
‘‘(12) ADJUSTING ALLOTMENTS TO ACCOUNT FOR (2) reserve up to 3 percent of the amount ap-
CHAPTER 1—ENSURING ENVIRONMENTAL
INCREASED FEDERAL PAYMENTS FOR COVERAGE
HEALTH AND RATEPAYER PROTECTION propriated in this section for Indian Tribes and
AND ADMINISTRATION OF COVID–19 VACCINES.—If tribal organizations.
DURING THE PANDEMIC
a State, commonwealth, or territory receives CHAPTER 2—DISTANCE LEARNING AND
SEC. 3301. FUNDING FOR POLLUTION AND DIS-
payment for a fiscal year (beginning with fiscal CONSUMER PROTECTION DURING THE
PARATE IMPACTS OF THE COVID–19
year 2021) under subsection (a) of section 2105 PANDEMIC. COVID–19 PANDEMIC
for expenditures that are subject to the en- (a) IN GENERAL.—In addition to amounts oth- SEC. 3311. FUNDING FOR CONSUMER PRODUCT
hanced FMAP specified under subsection (c)(12) erwise available, there is appropriated to the SAFETY FUND TO PROTECT CON-
of such section, the amount of the allotment de- Environmental Protection Agency for fiscal year SUMERS FROM POTENTIALLY DAN-
termined for the State, commonwealth, or terri- 2021, out of any money in the Treasury not oth- GEROUS PRODUCTS RELATED TO
tory under this subsection— COVID–19.
erwise appropriated, $100,000,000, to remain
‘‘(A) for such fiscal year shall be increased by (a) APPROPRIATION.—In addition to amounts
available until expended, to address health out-
the projected expenditures for such year by the otherwise available, there is appropriated to the
come disparities from pollution and the COVID–
State, commonwealth, or territory under the Consumer Product Safety Commission for fiscal
19 pandemic, of which—
State child health plan (or a waiver of such (1) $50,000,000, shall be for grants, contracts, year 2021, out of any money in the Treasury not
plan) for vaccines described in section and other agency activities that identify and otherwise appropriated, $50,000,000, to remain
1905(a)(4)(E) (and the administration of such address disproportionate environmental or pub- available until September 30, 2026, for the pur-
vaccines); and lic health harms and risks in minority popu- poses described in subsection (b).
‘‘(B) once actual expenditures are available in (b) PURPOSES.—The funds made available in
lations or low-income populations under—
the subsequent fiscal year, the fiscal year allot- (A) section 103(b) of the Clean Air Act (42 subsection (a) shall only be used for purposes of
ment that was adjusted by the amount described U.S.C. 7403(b)); the Consumer Product Safety Commission to—
in subparagraph (A) shall be adjusted on the (B) section 1442 of the Safe Drinking Water (1) carry out the requirements in title XX of
basis of the difference between— Act (42 U.S.C. 300j–1); division FF of the Consolidated Appropriations
‘‘(i) such projected amount of expenditures de- (C) section 104(k)(7)(A) of the Comprehensive Act, 2021 (Public Law 116–260);
scribed in subparagraph (A) for such fiscal year Environmental Response, Compensation, and (2) enhance targeting, surveillance, and
described in such subparagraph by the State, Liability Act of 1980 (42 U.S.C. 9604(k)(7)(A)); screening of consumer products, particularly
commonwealth, or territory; and and COVID–19 products, entering the United States
‘‘(ii) the actual amount of expenditures for (D) sections 791 through 797 of the Energy at ports of entry, including ports of entry for de
such fiscal year described in subparagraph (A) Policy Act of 2005 (42 U.S.C. 16131 through minimis shipments;
by the State, commonwealth, or territory under 16137); and (3) enhance monitoring of internet websites
the State child health plan (or waiver of such (2) $50,000,000 shall be for grants and activi- for the offering for sale of new and used viola-
plan) for vaccines described in section ties authorized under subsections (a) through tive consumer products, particularly COVID–19
1905(a)(4)(E) (and the administration of such (c) of section 103 of the Clean Air Act (42 U.S.C. products, and coordination with retail and re-
vaccines).’’. 7403) and grants and activities authorized under sale websites to improve identification and elimi-
SEC. 3202. MODIFICATIONS TO CERTAIN COV- section 105 of such Act (42 U.S.C. 7405). nation of listings of such products;
ERAGE UNDER CHIP FOR PREGNANT (b) ADMINISTRATION OF FUNDS.— (4) increase awareness and communication
AND POSTPARTUM WOMEN. (1) Of the funds made available pursuant to particularly of COVID–19 product related risks
(a) MODIFICATIONS TO COVERAGE.— subsection (a)(1), the Administrator shall reserve and other consumer product safety information;
(1) IN GENERAL.—Section 2107(e)(1) of the So- 2 percent for administrative costs necessary to and
cial Security Act (42 U.S.C. 1397gg(e)(1)) is carry out activities funded pursuant to such (5) improve the Commission’s data collection
amended— subsection. and analysis system especially with a focus on
(A) by redesignating subparagraphs (J) (2) Of the funds made available pursuant to consumer product safety risks resulting from the
through (S) as subparagraphs (K) through (T), subsection (a)(2), the Administrator shall reserve COVID–19 pandemic to socially disadvantaged
respectively; and 5 percent for activities funded pursuant to such individuals and other vulnerable populations.
(B) by inserting after subparagraph (I) the subsection other than grants. (c) DEFINITIONS.—In this section—
following new subparagraph: SEC. 3302. FUNDING FOR LIHEAP. (1) the term ‘‘Commission’’ means the Con-
‘‘(J) Paragraphs (5) and (16) of section 1902(e) In addition to amounts otherwise available, sumer Product Safety Commission;
(relating to the State option to provide medical there is appropriated for fiscal year 2021, out of (2) the term ‘‘violative consumer products’’
assistance consisting of full benefits during any amounts in the Treasury not otherwise ap- means consumer products in violation of an ap-
pregnancy and throughout the 12-month propriated, $4,500,000,000, to remain available plicable consumer product safety standard
postpartum period under title XIX, but only if through September 30, 2022, for additional fund- under the Consumer Product Safety Act (15
the State has elected to apply such paragraph ing to provide payments under section 2602(b) of U.S.C. 2051 et seq.) or any similar rule, regula-
(16) with respect to pregnant women under title the Low-Income Home Energy Assistance Act of tion, standard, or ban under any other Act en-
XIX), if the State provides child health assist- 1981 (42 U.S.C. 8621(b)), except that— forced by the Commission;
ance for targeted low-income children who are (1) $2,250,000,000 of such amounts shall be al- (3) the term ‘‘COVID–19 emergency period’’
pregnant or to targeted low-income pregnant located as though the total appropriation for means the period during which a public health
women and the State has elected to apply such such payments for fiscal year 2021 was less than emergency declared pursuant to section 319 of
paragraph (16) with respect to pregnant women $1,975,000,000; and the Public Health Service Act (42 U.S.C. 247d)
under title XIX, the provision of assistance (2) section 2607(b)(2)(B) of such Act (42 U.S.C. with respect to the 2019 novel coronavirus
under the State child health plan or waiver for 8626(b)(2)(B)) shall not apply to funds appro- (COVID–19), including under any renewal of
targeted low-income children or targeted low-in- priated under this section for fiscal year 2021. such declaration, is in effect; and
come pregnant women during pregnancy and SEC. 3303. FUNDING FOR WATER ASSISTANCE (4) the term ‘‘COVID–19 products’’ means con-
the 12-month postpartum period shall be re- PROGRAM. sumer products, as defined by section 3(a)(5) of
quired and not at the option of the State and (a) IN GENERAL.—In addition to amounts oth- the Consumer Product Safety Act (15 U.S.C.
shall include coverage of all items or services erwise available, there is appropriated to the 2052(a)(5)), whose risks have been significantly
provided to a targeted low-income child or tar- Secretary of Health and Human Services for fis- affected by COVID–19 or whose sales have mate-
geted low-income pregnant woman (as applica- cal year 2021, out of any amounts in the Treas- rially increased during the COVID–19 emer-
ble) under the State child health plan or waiv- ury not otherwise appropriated, $500,000,000, to gency period as a result of the COVID–19 pan-
er)..’’. remain available until expended, for grants to demic.
(2) OPTIONAL COVERAGE OF TARGETED LOW-IN- States and Indian Tribes to assist low-income SEC. 3312. FUNDING FOR E-RATE SUPPORT FOR
COME PREGNANT WOMEN.—Section 2112(d)(2)(A) households, particularly those with the lowest EMERGENCY EDUCATIONAL CON-
of the Social Security Act (42 U.S.C. incomes, that pay a high proportion of house- NECTIONS AND DEVICES.
1397ll(d)(2)(A)) is amended by inserting after hold income for drinking water and wastewater (a) REGULATIONS REQUIRED.—Not later than
‘‘60-day period’’ the following: ‘‘, or, in the case services, by providing funds to owners or opera- 60 days after the date of the enactment of this
that subparagraph (A) of section 1902(e)(16) ap- tors of public water systems or treatment works Act, the Commission shall promulgate regula-
plies to the State child health plan (or waiver of to reduce arrearages of and rates charged to tions providing for the provision, from amounts
dlhill on DSK120RN23PROD with House
such plan), pursuant to section 2107(e)(1), the such households for such services. made available from the Emergency
12-month period,’’. (b) ALLOTMENT.—The Secretary shall— Connectivity Fund, of support under para-
(b) EFFECTIVE DATE.—The amendments made (1) allot amounts appropriated in this section graphs (1)(B) and (2) of section 254(h) of the
by subsection (a), shall apply with respect to to a State or Indian Tribe based on— Communications Act of 1934 (47 U.S.C. 254(h)) to
State elections made under paragraph (16) of (A) the percentage of households in the State, an eligible school or library, for the purchase
section 1902(e) of the Social Security Act (42 or under the jurisdiction of the Indian Tribe, during a COVID–19 emergency period of eligible
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H795
equipment or advanced telecommunications and (D) Devices that combine a modem and router. to COVID–19, and any materials, manufac-
information services (or both), for use by— (E) Connected devices. turing machinery, additional manufacturing or
(1) in the case of a school, students and staff (7) ELIGIBLE SCHOOL OR LIBRARY.—The term fill-finish lines or facilities, technology, or
of the school at locations that include locations ‘‘eligible school or library’’ means an elementary equipment (including durable medical equip-
other than the school; and school, secondary school, or library (including a ment) necessary to produce or use such drugs,
(2) in the case of a library, patrons of the li- Tribal elementary school, Tribal secondary biological products, or devices (including sy-
brary at locations that include locations other school, or Tribal library) eligible for support ringes, vials, or other supplies or equipment re-
than the library. under paragraphs (1)(B) and (2) of section lated to delivery, distribution, or administra-
(b) SUPPORT AMOUNT.—In providing support 254(h) of the Communications Act of 1934 (47 tion).
under the covered regulations, the Commission U.S.C. 254(h)). (2) RESPONDING TO PUBLIC HEALTH EMER-
shall reimburse 100 percent of the costs associ- (8) EMERGENCY CONNECTIVITY FUND.—The GENCIES.—After September 30, 2022, amounts ap-
ated with the eligible equipment, advanced tele- term ‘‘Emergency Connectivity Fund’’ means propriated in subsection (a) may be used for any
communications and information services, or eli- the fund established under subsection (c)(1). activity authorized by paragraph (1), or any
gible equipment and advanced telecommuni- (9) LIBRARY.—The term ‘‘library’’ includes a other activity necessary to meet critical public
cations and information services, except that library consortium. health needs of the United States, with respect
any reimbursement of a school or library for the (10) WI-FI.—The term ‘‘Wi-Fi’’ means a wire- to any pathogen that the President has deter-
costs associated with any eligible equipment less networking protocol based on Institute of mined has the potential for creating a public
may not exceed an amount that the Commission Electrical and Electronics Engineers standard health emergency.
determines, with respect to the request by the 802.11 (or any successor standard). Subtitle B—Housing Provisions
school or library for the reimbursement, is rea- (11) WI-FI HOTSPOT.—The term ‘‘Wi-Fi SEC. 4101. EMERGENCY RENTAL ASSISTANCE.
sonable. hotspot’’ means a device that is capable of—
(c) EMERGENCY CONNECTIVITY FUND.— (a) FUNDING.—
(A) receiving advanced telecommunications
(1) ESTABLISHMENT.—There is established in (1) APPROPRIATION.—In addition to amounts
and information services; and
the Treasury of the United States a fund to be otherwise available, there is appropriated to the
(B) sharing such services with a connected de-
known as the ‘‘Emergency Connectivity Fund’’. Secretary of the Treasury for fiscal year 2021,
vice through the use of Wi-Fi.
(2) APPROPRIATION.—In addition to amounts out of any money in the Treasury not otherwise
CHAPTER 3—OVERSIGHT OF DEPARTMENT appropriated, $20,250,000,000, to remain avail-
otherwise available, there is appropriated to the
OF COMMERCE PREVENTION AND RE- able until September 30, 2027, for making pay-
Emergency Connectivity Fund for fiscal year
SPONSE TO COVID–19 ments to eligible grantees under this section—
2021, out of any money in the Treasury not oth-
erwise appropriated— SEC. 3321. FUNDING FOR DEPARTMENT OF COM- (2) RESERVATION OF FUNDS.—Of the amount
(A) $7,599,000,000, to remain available until MERCE INSPECTOR GENERAL. appropriated under paragraph (1), the Secretary
September 30, 2030, for— In addition to amounts otherwise available, shall reserve—
(i) the provision of support under the covered there is appropriated to the Office of the Inspec- (A) $305,000,000 for making payments under
regulations; and tor General of the Department of Commerce for this section to the Commonwealth of Puerto
(ii) the Commission to adopt, and the Commis- fiscal year 2021, out of any money in the Treas- Rico, the United States Virgin Islands, Guam,
sion and the Universal Service Administrative ury not otherwise appropriated, $3,000,000, to the Commonwealth of the Northern Mariana Is-
Company to administer, the covered regulations; remain available until September 30, 2022, for lands, and American Samoa;
and oversight of activities supported with funds ap- (B) $30,000,000 for costs of the Secretary for
(B) $1,000,000, to remain available until Sep- propriated to the Department of Commerce to the administration of emergency rental assist-
tember 30, 2030, for the Inspector General of the prevent, prepare for, and respond to COVID–19. ance programs and technical assistance to re-
Commission to conduct oversight of support pro- TITLE IV—COMMITTEE ON FINANCIAL cipients of any grants made by the Secretary to
vided under the covered regulations. SERVICES provide financial and other assistance to rent-
(3) LIMITATION.—Not more than 2 percent of ers;
Subtitle A—Defense Production Act of 1950 (C) $3,000,000 for administrative expenses of
the amount made available under paragraph
(2)(A) may be used for the purposes described in SEC. 4001. COVID–19 EMERGENCY MEDICAL SUP- the Inspector General relating to oversight of
PLIES ENHANCEMENT. funds provided in this section; and
clause (ii) of such paragraph.
(4) RELATIONSHIP TO UNIVERSAL SERVICE CON- (a) SUPPORTING ENHANCED USE OF THE DE- (D) $1,200,000,000 for payments to high-need
TRIBUTIONS.—Support provided under the cov- FENSE PRODUCTION ACT OF 1950.—In addition to grantees as provided in this section.
ered regulations shall be provided from amounts funds otherwise available, there is appropriated, (b) ALLOCATION FOR RENTAL AND UTILITY AS-
made available from the Emergency for fiscal year 2021, out of any money in the SISTANCE.—
Connectivity Fund and not from contributions Treasury not otherwise appropriated, (1) ALLOCATION FOR STATES AND UNITS OF
under section 254(d) of the Communications Act $10,000,000,000, notwithstanding section 304(e) of LOCAL GOVERNMENT.—
of 1934 (47 U.S.C. 254(d)). the Defense Production Act of 1950 (50 U.S.C. (A) IN GENERAL.—The amount appropriated
(d) DEFINITIONS.—In this section: 4534(e)), to remain available until September 30, under paragraph (1) of subsection (a) that re-
(1) ADVANCED TELECOMMUNICATIONS AND IN- 2025, to carry out titles I, III, and VII of such mains after the application of paragraph (2) of
FORMATION SERVICES.—The term ‘‘advanced Act in accordance with subsection (b). such subsection shall be allocated to eligible
telecommunications and information services’’ (b) MEDICAL SUPPLIES AND EQUIPMENT.— grantees described in subparagraphs (A) and (B)
means advanced telecommunications and infor- (1) TESTING, PPE, VACCINES, AND OTHER MATE- of subsection (f)(1) in the same manner as the
mation services, as such term is used in section RIALS.—Except as provided in paragraph (2), amount appropriated under section 501 of sub-
254(h) of the Communications Act of 1934 (47 amounts appropriated in subsection (a) shall be title A of title V of division N of the Consoli-
U.S.C. 254(h)). used for the purchase, production (including the dated Appropriations Act, 2021 (Public Law 116–
(2) COMMISSION.—The term ‘‘Commission’’ construction, repair, and retrofitting of govern- 260) is allocated to States and units of local gov-
means the Federal Communications Commission. ment-owned or private facilities as necessary), ernment under subsection (b)(1) of such section,
(3) CONNECTED DEVICE.—The term ‘‘connected or distribution of medical supplies and equip- except that section 501(b) of such subtitle A
device’’ means a laptop computer, tablet com- ment (including durable medical equipment) re- shall be applied—
puter, or similar end-user device that is capable lated to combating the COVID–19 pandemic, in- (i) without regard to clause (i) of paragraph
of connecting to advanced telecommunications cluding— (1)(A);
and information services. (A) in vitro diagnostic products for the detec- (ii) by deeming the amount appropriated
(4) COVERED REGULATIONS.—The term ‘‘cov- tion of SARS-CoV-2 or the diagnosis of the virus under paragraph (1) of subsection (a) of this Act
ered regulations’’ means the regulations promul- that causes COVID–19, and the reagents and that remains after the application of paragraph
gated under subsection (a). other materials necessary for producing, con- (2) of such subsection to be the amount deemed
(5) COVID–19 EMERGENCY PERIOD.—The term ducting, or administering such products, and to apply for purposes of applying clause (ii) of
‘‘COVID–19 emergency period’’ means a period the machinery, equipment, laboratory capacity, section 501(b)(1)(A) of such subtitle A;
that— or other technology necessary to produce such (iii) by substituting ‘‘$152,000,000’’ for
(A) begins on the date of a determination by products; ‘‘$200,000,000’’ each place such term appears;
the Secretary of Health and Human Services (B) face masks and personal protective equip- (iv) in subclause (I) of such section
pursuant to section 319 of the Public Health ment, including face shields, nitrile gloves, N–95 501(b)(1)(A)(v), by substituting ‘‘under section
Service Act (42 U.S.C. 247d) that a public health filtering facepiece respirators, and any other 4101 of the American Rescue Plan Act of 2021’’
emergency exists as a result of COVID–19; and masks or equipment (including durable medical for ‘‘under section 501 of subtitle A of title V of
(B) ends on the June 30 that first occurs after equipment) needed to respond to the COVID–19 division N of the Consolidated Appropriations
the date that is 1 year after the date on which pandemic, and the materials, machinery, addi- Act, 2021’’; and
such determination (including any renewal tional manufacturing lines or facilities, or other (v) in subclause (II) of such section
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thereof) terminates. technology necessary to produce such equip- 501(b)(1)(A)(v), by substituting ‘‘local govern-
(6) ELIGIBLE EQUIPMENT.—The term ‘‘eligible ment; and ment elects to receive funds from the Secretary
equipment’’ means the following: (C) drugs, devices, and biological products under section 4101 of the American Rescue Plan
(A) Wi-Fi hotspots. that are approved, cleared, licensed, or author- Act of 2021 and will use the funds in a manner
(B) Modems. ized under either of such Acts for use in treating consistent with such section’’ for ‘‘local govern-
(C) Routers. or preventing COVID–19 and symptoms related ment elects to receive funds from the Secretary
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H796 CONGRESSIONAL RECORD — HOUSE February 26, 2021
under section 501 of subtitle A of title V of divi- may be used to provide case management and (C) the household is a low-income family (as
sion N of the Consolidated Appropriations Act, other services intended to help keep households such term is defined in section 3(b) of the United
2021 and will use the funds in a manner con- stably housed. States Housing Act of 1937 (42 U.S.C. 1437a(b)).
sistent with such section’’. (C) ADMINISTRATIVE COSTS.—Not more than 15 (3) INSPECTOR GENERAL.—The term ‘‘Inspector
(B) PRO RATA ADJUSTMENT.—The Secretary percent of the total amount paid to an eligible General’’ means the Inspector General of the
shall make pro rata adjustments in the amounts grantee under this section may be used for ad- Department of the Treasury.
of the allocations determined under subpara- ministrative costs attributable to providing fi- (4) SECRETARY.—The term ‘‘Secretary’’ means
graph (A) of this paragraph for entities de- nancial assistance, housing stability services, the Secretary of the Treasury.
scribed in such subparagraph as necessary to and other affordable rental housing and evic- (5) UNIT OF LOCAL GOVERNMENT.—The term
ensure that the total amount of allocations tion prevention activities, including for data ‘‘unit of local government’’ has the meaning
made pursuant to such subparagraph does not collection and reporting requirements related to given such term in section 501 of subtitle A of
exceed the remainder appropriated amount de- such funds. title V of division N of the Consolidated Appro-
scribed in such subparagraph. (D) OTHER AFFORDABLE RENTAL HOUSING AND priations Act, 2021 (Public Law 116–260).
(2) ALLOCATIONS FOR TERRITORIES.—The EVICTION PREVENTION ACTIVITIES.—An eligible (g) AVAILABILITY.—Funds provided to an eli-
amount reserved under subsection (a)(2)(A) grantee may use any funds from payments made gible grantee under a payment made under this
shall be allocated to eligible grantees described under this section that are unobligated on Octo- section shall remain available through Sep-
in subsection (f)(1)(C) in the same manner as ber 1, 2022, for purposes in addition to those tember 30, 2025.
the amount appropriated under section specified in this paragraph, provided that— (h) EXTENSION OF AVAILABILITY UNDER PRO-
501(a)(2)(A) of subtitle A of title V of division N (i) such other purposes are affordable housing GRAM FOR EXISTING FUNDING.—Paragraph (1) of
of the Consolidated Appropriations Act, 2021 purposes, as defined by the Secretary, serving section 501(e) of subtitle A of title V of division
(Public Law 116–260) is allocated under section very low-income families (as such term is de- N of the Consolidated Appropriations Act, 2021
501(b)(3) of such subtitle A to eligible grantees fined in section 3(b) of the United States Hous- (Public Law 116–260) is amended by striking
under subparagraph (C) of such section ing Act of 1937 (42 U.S.C. 1437a(b))); and ‘‘December 31, 2021’’ and inserting ‘‘September
501(b)(3), except that section 501(b)(3) of such (ii) prior to obligating any funds for such pur- 30, 2022’’.
subtitle A shall be applied— poses, the eligible grantee has obligated not less SEC. 4102. EMERGENCY HOUSING VOUCHERS.
(A) in subparagraph (A), by inserting ‘‘of this than 75 percent of the total funds allocated to (a) APPROPRIATION.—In addition to amounts
Act’’ after ‘‘the amount reserved under sub- such eligible grantee in accordance with this otherwise available, there is appropriated to the
section (a)(2)(A)’’; and section. Secretary of Housing and Urban Development
(B) in clause (i) of subparagraph (B), by sub- (2) DISTRIBUTION OF ASSISTANCE.—Amounts (in this section referred to as the ‘‘Secretary’’)
stituting ‘‘the amount equal to 0.3 percent of the appropriated under subsection (a)(1) of this sec- for fiscal year 2021, out of any money in the
amount appropriated under subsection (a)(1)’’ tion shall be subject to the same terms and con- Treasury not otherwise appropriated,
with ‘‘the amount equal to 0.3 percent of the ditions that apply under paragraph (4) of sec- $5,000,000,000, to remain available until Sep-
amount appropriated under subsection (a)(1) of tion 501(c) of subtitle A of title V of division N tember 30, 2030, for—
this Act’’. of the Consolidated Appropriations Act, 2021 (1) incremental emergency vouchers under
(3) HIGH-NEED GRANTEES.—The Secretary shall (Public Law 116–260) to amounts appropriated subsection (b);
allocate funds reserved under subsection under subsection (a)(1) of such section 501. (2) renewals of the vouchers under subsection
(a)(2)(D) to eligible grantees with a high need (e) REALLOCATION OF FUNDS.— (b);
for assistance under this section as evidenced by (1) IN GENERAL.—Beginning March 31, 2022, (3) fees for the costs of administering vouchers
the number of very low-income renter house- the Secretary shall reallocate funds allocated to under subsection (b) and other eligible expenses
holds paying more than 50 percent of income on eligible grantees in accordance with subsection defined by notice to prevent, prepare, and re-
rent or living in substandard or overcrowded (b) but not yet paid in accordance with sub- spond to coronavirus to facilitate the leasing of
conditions, rental market costs, and employment section (c)(2) according to a procedure estab- the emergency vouchers, such as security de-
trends. lished by the Secretary. posit assistance and other costs related to reten-
(c) PAYMENT SCHEDULE.— (2) ELIGIBILITY FOR REALLOCATED FUNDS.— tion and support of participating owners; and
(1) IN GENERAL.—The Secretary shall pay all The Secretary shall require an eligible grantee (4) adjustments in the calendar year 2021 sec-
eligible grantees not less than 40 percent of each to have obligated 50 percent of the total amount tion 8 renewal funding allocation, including
such eligible grantee’s total allocation provided of funds allocated to such eligible grantee under mainstream vouchers, for public housing agen-
under subsection (b) within 60 days of enact- subsection (b) to be eligible to receive funds re- cies that experience a significant increase in
ment of this Act. allocated under paragraph (1) of this sub- voucher per-unit costs due to extraordinary cir-
(2) SUBSEQUENT PAYMENTS.—The Secretary section. cumstances or that, despite taking reasonable
shall pay to eligible grantees additional (3) PAYMENT OF REALLOCATED FUNDS BY THE cost savings measures, would otherwise be re-
amounts in tranches up to the full amount of SECRETARY.—The Secretary shall pay to each el- quired to terminate rental assistance for families
each such eligible grantee’s total allocation in igible grantee eligible for a payment of reallo- as a result of insufficient funding.
accordance with a procedure established by the cated funds described in paragraph (2) of this (b) EMERGENCY VOUCHERS.—
Secretary, provided that any such procedure es- subsection the amount allocated to such eligible (1) IN GENERAL.—The Secretary shall provide
tablished by the Secretary shall require that an grantee in accordance with the procedure estab- emergency rental assistance vouchers under
eligible grantee must have obligated not less lished by the Secretary in accordance with subsection (a), which shall be tenant-based
than 75 percent of the funds already disbursed paragraph (2) of this subsection. rental assistance under section 8(o) of the
by the Secretary pursuant to this section prior (4) USE OF REALLOCATED FUNDS.—Eligible United States Housing Act of 1937 (42 U.S.C.
to disbursement of additional amounts. grantees may use any funds received in accord- 1437f(o)).
(d) USE OF FUNDS.— ance with this subsection only for purposes (2) QUALIFYING INDIVIDUALS OR FAMILIES DE-
(1) IN GENERAL.—An eligible grantee shall specified in paragraph (1) of subsection (d). FINED.—For the purposes of this section, quali-
only use the funds provided from payments (f) DEFINITIONS.—In this section: fying individuals or families are those who are—
made under this section as follows: (1) ELIGIBLE GRANTEE.—The term ‘‘eligible (A) homeless (as such term is defined in sec-
(A) FINANCIAL ASSISTANCE.— grantee’’ means any of the following: tion 103(a) of the McKinney-Vento Homeless As-
(i) IN GENERAL.—Subject to clause (ii) of this (A) The 50 States of the United States and the sistance Act (42 U.S.C. 11302(a));
subparagraph, funds received by an eligible District of Columbia. (B) at risk of homelessness (as such term is de-
grantee from payments made under this section (B) A unit of local government (as defined in fined in section 401(1) of the McKinney-Vento
shall be used to provide financial assistance to paragraph (5)). Homeless Assistance Act (42 U.S.C. 11360(1)));
eligible households, not to exceed 18 months, in- (C) The Commonwealth of Puerto Rico, the (C) fleeing, or attempting to flee, domestic vio-
cluding the payment of— United States Virgin Islands, Guam, the Com- lence, dating violence, sexual assault, stalking,
(I) rent; monwealth of the Northern Mariana Islands, or human trafficking, as defined by the Sec-
(II) rental arrears; and American Samoa. retary; or
(III) utilities and home energy costs; (2) ELIGIBLE HOUSEHOLD.—The term ‘‘eligible (D) recently homeless, as determined by the
(IV) utilities and home energy costs arrears; household’’ means a household of 1 or more in- Secretary, and for whom providing rental assist-
and dividuals who are obligated to pay rent on a ance will prevent the family’s homelessness or
(V) other expenses related to housing, as de- residential dwelling and with respect to which having high risk of housing instability.
fined by the Secretary. the eligible grantee involved determines that— (3) ALLOCATION.—The Secretary shall notify
(ii) LIMITATION.—The aggregate amount of fi- (A) 1 or more individuals within the house- public housing agencies of the number of emer-
nancial assistance an eligible household may re- hold has— gency vouchers provided under this section to be
ceive under this section, when combined with fi- (i) qualified for unemployment benefits; or allocated to the agency not later than 60 days
nancial assistance provided under section 501 of (ii) experienced a reduction in household in- after the date of the enactment of this Act, in
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subtitle A of title V of division N of the Consoli- come, incurred significant costs, or experienced accordance with a formula that includes public
dated Appropriations Act, 2021 (Public Law 116– other financial hardship during or due, directly housing agency capacity and ensures geo-
260), shall not exceed 18 months. or indirectly, to the coronavirus pandemic; graphic diversity, including with respect to
(B) HOUSING STABILITY SERVICES.—Not more (B) 1 or more individuals within the house- rural areas, among public housing agencies ad-
than 10 percent of funds received by an eligible hold can demonstrate a risk of experiencing ministering the Housing Choice Voucher pro-
grantee from payments made under this section homelessness or housing instability; and gram.
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H797
(4) TERMS AND CONDITIONS.— Block Grants and Native Hawaiian Housing awards or increase prior awards to existing
(A) ELECTION TO ADMINISTER.—The Secretary Block Grant programs, as authorized under ti- technical assistance providers to provide an im-
shall establish a procedure for public housing tles I and VIII of NAHASDA, subject to the fol- mediate increase in training and technical as-
agencies to accept or decline the emergency lowing terms and conditions: sistance to Indian tribes, Indian housing au-
vouchers allocated to the agency in accordance (A) FORMULA.—Of the amounts made avail- thorities, tribally designated housing entities,
with the formula under subparagraph (3). able under this paragraph, $450,000,000 shall be and recipients under title VIII of NAHASDA for
(B) FAILURE TO USE VOUCHERS PROMPTLY.—If for grants under title I of NAHASDA and shall activities under this section.
a public housing agency fails to lease its au- be distributed according to the same funding (4) OTHER COSTS.—$5,000,000 shall be used for
thorized vouchers under subsection (b) on behalf formula used in fiscal year 2021. the administrative costs to oversee and admin-
of eligible families within a reasonable period of (B) NATIVE HAWAIIANS.—Of the amounts made ister the implementation of this section, and pay
time, the Secretary may revoke and redistribute available under this paragraph, $5,000,000 shall for associated information technology, financial
any unleased vouchers and associated funds, be for grants under title VIII of NAHASDA. reporting, and other costs.
including administrative fees and costs referred (C) USE.—Amounts made available under this SEC. 4105. HOUSING COUNSELING.
to in subsection (a)(3), to other public housing paragraph shall be used by recipients to pre-
(a) APPROPRIATION.—In addition to amounts
agencies according to the formula under para- vent, prepare for, and respond to coronavirus,
otherwise available, there is appropriated to the
graph (3). including to maintain normal operations and
Neighborhood Reinvestment Corporation (in this
(5) WAIVERS AND ALTERNATIVE REQUIRE- fund eligible affordable housing activities under
section referred to as the ‘‘Corporation’’) for fis-
MENTS.—The Secretary may waive or specify al- NAHASDA during the period that the program
cal year 2021, out of any money in the Treasury
ternative requirements for any provision of the is impacted by coronavirus. In addition,
not otherwise appropriated, $100,000,000, to re-
United States Housing Act of 1937 (42 U.S.C. amounts made available under subparagraph
main available until September 30, 2025, for
1437 et seq.) or regulation applicable to such (B) shall be used to provide rental assistance to
grants to housing counseling intermediaries ap-
statute other than requirements related to fair eligible Native Hawaiian families both on and
housing, nondiscrimination, labor standards, off the Hawaiian Home Lands. proved by the Department of Housing and
and the environment, upon a finding that the (D) TIMING OF OBLIGATIONS.—Amounts made Urban Development, State housing finance
waiver or alternative requirement is necessary to available under this paragraph shall be used, as agencies, and NeighborWorks organizations for
expedite or facilitate the use of amounts made necessary, to cover or reimburse allowable costs providing housing counseling services, as au-
available in this section. to prevent, prepare for, and respond to thorized under the Neighborhood Reinvestment
(6) TERMINATION OF VOUCHERS UPON TURN- coronavirus that are incurred by a recipient, in- Corporation Act (42 U.S.C. 8101-8107) and con-
OVER.—After September 30, 2023, a public hous- cluding for costs incurred as of January 21, sistent with the discretion set forth in section
ing agency may not reissue any vouchers made 2020. 606(a)(5) of such Act (42 U.S.C. 8105(a)(5)) to de-
available under this section when assistance for (E) WAIVERS OR ALTERNATIVE REQUIRE- sign and administer grant programs. Of the
the family assisted ends. MENTS.—The Secretary may waive or specify al- grant funds made available under this sub-
(c) TECHNICAL ASSISTANCE AND OTHER ternative requirements for any provision of section, not less than 40 percent shall be pro-
COSTS.—The Secretary may use not more NAHASDA (25 U.S.C. 4101 et seq.) or regulation vided to counseling organizations that—
$20,000,000 of the amounts made available under applicable to the Native American Housing (1) target housing counseling services to mi-
this section for the costs to the Secretary of ad- Block Grant or Native Hawaiian Housing Block nority and low-income populations facing hous-
ministering and overseeing the implementation Grant program other than requirements related ing instability; or
of this section and the Housing Choice Voucher to fair housing, nondiscrimination, labor stand- (2) provide housing counseling services in
program generally, including information tech- ards, and the environment, upon a finding that neighborhoods having high concentrations of
nology, financial reporting, and other costs. Of the waiver or alternative requirement is nec- minority and low-income populations.
the amounts set aside under this subsection, the essary to expedite or facilitate the use of (b) LIMITATION.—The aggregate amount pro-
Secretary may use not more than $10,000,000, amounts made available under this paragraph. vided to NeighborWorks organizations under
without competition, to make new awards or in- (F) UNOBLIGATED AMOUNTS.—Amounts made this section shall not exceed 15 percent of the
crease prior awards to existing technical assist- available under this paragraph which are not total of grant funds made available by sub-
ance providers to provide an immediate increase accepted, are voluntarily returned, or otherwise section (a).
in capacity building and technical assistance to recaptured for any reason shall be used to fund (c) ADMINISTRATION AND OVERSIGHT.—The
public housing agencies. grants under paragraph (2). Corporation may retain a portion of the
(d) IMPLEMENTATION.—The Secretary may im- (2) INDIAN COMMUNITY DEVELOPMENT BLOCK amounts provided under this section, in a pro-
plement the provisions of this section by notice. GRANTS.—$280,000,000 shall be available for portion consistent with its standard rate for
SEC. 4103. EMERGENCY ASSISTANCE FOR RURAL grants under title I of the Housing and Commu- program administration in order to cover its ex-
HOUSING. nity Development Act of 1974, subject to the fol- penses related to program administration and
In addition to amounts otherwise available, lowing terms and conditions: oversight.
there is appropriated to the Secretary of Agri- (A) USE.—Amounts made available under this (d) HOUSING COUNSELING SERVICES DEFINED.—
culture for fiscal year 2021, out of any money in paragraph shall be used, without competition, For the purposes of this section, the term ‘‘hous-
the Treasury not otherwise appropriated, for emergencies that constitute imminent threats ing counseling services’’ means—
$100,000,000, to remain available until September to health and safety and are designed to pre- (1) housing counseling provided directly to
30, 2022, to provide grants under section vent, prepare for, and respond to coronavirus. households facing housing instability, such as
521(a)(2) of the Housing Act of 1949 or agree- (B) PLANNING.—Not to exceed 20 percent of eviction, default, foreclosure, loss of income, or
ments entered into in lieu of debt forgiveness or any grant made with funds made available homelessness;
payments for eligible households as authorized under this paragraph shall be expended for (2) education, outreach, training, technology
by section 502(c)(5)(D) of the Housing Act of planning and management development and ad- upgrades, and other program related support;
1949, for temporary adjustment of income losses ministration. and
for residents of housing financed or assisted (C) TIMING OF OBLIGATIONS.—Amounts made (3) operational oversight funding for grantees
under section 514, 515, or 516 of the Housing Act available under this paragraph shall be used, as and subgrantees that receive funds under this
of 1949 who have experienced income loss but necessary, to cover or reimburse allowable costs section.
are not currently receiving Federal rental assist- to prevent, prepare for, and respond to SEC. 4106. HOMELESSNESS ASSISTANCE AND SUP-
ance. coronavirus incurred by a recipient, including PORTIVE SERVICES PROGRAM.
SEC. 4104.
HOUSING ASSISTANCE AND SUP- for costs incurred as of January 21, 2020. (a) APPROPRIATION.—In addition to amounts
PORTIVE SERVICES PROGRAMS FOR (D) INAPPLICABILITY OF PUBLIC SERVICES otherwise available, there is appropriated to the
NATIVE AMERICANS. CAP.—Indian tribes may use up to 100 percent of Secretary of Housing and Urban Development
(a) APPROPRIATION.—In addition to amounts any grant from amounts made available under (in this section referred to as the ‘‘Secretary’’)
otherwise available, there is appropriated to the this paragraph for public services activities to for fiscal year 2021, out of any money in the
Secretary of Housing and Urban Development prevent, prepare for, and respond to Treasury not otherwise appropriated,
(in this section referred to as the ‘‘Secretary’’) coronavirus. $5,000,000,000, to remain available until Sep-
for fiscal year 2021, out of any money in the (E) WAIVERS OR ALTERNATIVE REQUIRE- tember 30, 2025, except that amounts authorized
Treasury not otherwise appropriated, MENTS.—The Secretary may waive or specify al- under subsection (d)(3) shall remain available
$750,000,000, to remain available until September ternative requirements for any provision of title until September 30, 2029, for assistance under
30, 2025, to prevent, prepare for, and respond to I of the Housing and Community Development title II of the Cranston-Gonzalez National Af-
coronavirus, for activities and assistance au- Act of 1974 (42 U.S.C. 5301 et seq.) or regulation fordable Housing Act (42 U.S.C. 12721 et seq.)
thorized under title I of the Native American applicable to the Indian Community Develop- for the following activities to primarily benefit
Housing Assistance and Self-Determination Act ment Block Grant program other than require- qualifying individuals or families:
of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.), ments related to fair housing, nondiscrimina- (1) Tenant-based rental assistance.
under title VIII of NAHASDA (25 U.S.C. 4221 et tion, labor standards, and the environment, (2) The development and support of affordable
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seq.), and under section 106(a)(1) of the Housing upon a finding that the waiver or alternative re- housing pursuant to section 212(a) of the Cran-
and Community Development Act of 1974 with quirement is necessary to expedite or facilitate ston-Gonzalez National Affordable Housing Act
respect to Indian tribes (42 U.S.C. 5301 et seq.), the use of amounts made available under this (42 U.S.C. 12742(a)) (‘‘the Act’’ herein).
which shall be made available as follows: paragraph. (3) Supportive services to qualifying individ-
(1) HOUSING BLOCK GRANTS.—$455,000,000 shall (3) TECHNICAL ASSISTANCE.—$10,000,000 shall uals or families not already receiving such sup-
be available for the Native American Housing be used, without competition, to make new portive services, including—
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H798 CONGRESSIONAL RECORD — HOUSE February 26, 2021
(A) activities listed in section 401(29) of the tions pursuant to that same formula in fiscal individual who is a socially disadvantaged indi-
McKinney-Vento Homeless Assistance Act (42 year 2021, and shall make such allocations with- vidual or an economically disadvantaged indi-
U.S.C. 11360(29)); in 30 days of enactment of this Act. vidual, as such terms are defined, respectively,
(B) housing counseling; and (2) TECHNICAL ASSISTANCE.—Up to $25,000,000 under section 8 of the Small Business Act (15
(C) homeless prevention services. of the amounts made available under this sec- U.S.C. 637) and the regulations thereunder.
(4) The acquisition and development of non- tion shall be used, without competition, to make (8) STATE.—The term ‘‘State’’ means any State
congregate shelter units, all or a portion of new awards or increase prior awards to existing of the United States, the District of Columbia,
which may— technical assistance providers to provide an im- the Commonwealth of Puerto Rico, Guam,
(A) be converted to permanent affordable mediate increase in capacity building and tech- American Samoa, the United States Virgin Is-
housing; nical assistance available to any grantees imple- lands, and the Commonwealth of the Northern
(B) be used as emergency shelter under sub- menting activities or projects consistent with Mariana Islands.
title B of title IV of the McKinney-Vento Home- this section. (c) ESTABLISHMENT OF FUND.—
less Assistance Act (42 U.S.C. 11371-11378); (3) OTHER COSTS.—Up to $50,000,000 of the (1) ESTABLISHMENT; QUALIFIED EXPENSES.—
(C) be converted to permanent housing under amounts made available under this section shall There is established in the Department of the
subtitle C of title IV of the McKinney-Vento be used for the administrative costs to oversee Treasury a Homeowner Assistance Fund to miti-
Homeless Assistance Act (42 U.S.C. 11381-11389); and administer implementation of this section gate financial hardships associated with the
or and the HOME program generally, including in- coronavirus pandemic by providing such funds
(D) remain as non-congregate shelter units. formation technology, financial reporting, and as are appropriated by subsection (a) to eligible
(b) QUALIFYING INDIVIDUALS OR FAMILIES DE- other costs. entities for the purpose of preventing home-
FINED.—For the purposes of this section, quali- (4) WAIVERS OR ALTERNATIVE REQUIRE- owner mortgage delinquencies, defaults, fore-
fying individuals or families are those who are— MENTS.—The Secretary may waive or specify al- closures, loss of utilities or home energy services,
(1) homeless, as defined in section 103(a) of ternative requirements for any provision of the and displacements of homeowners experiencing
the McKinney-Vento Homeless Assistance Act Cranston-Gonzalez National Affordable Housing financial hardship after January 21, 2020,
(42 U.S.C. 11302(a)); Act (42 U.S.C. 12701 et seq.) and titles I and IV through qualified expenses related to mortgages
(2) at-risk of homelessness, as defined in sec- of the McKinney-Vento Homelessness Act (42 and housing, which include—
tion 401(1) of the McKinney-Vento Homeless As- U.S.C. 11301 et seq., 11360 et seq.) or regulation (A) mortgage payment assistance;
sistance Act (42 U.S.C. 11360(1)); (B) financial assistance to allow a homeowner
for the administration of the amounts made
(3) fleeing, or attempting to flee, domestic vio- to reinstate a mortgage or to pay other housing
available under this section other than require-
lence, dating violence, sexual assault, stalking, related costs related to a period of forbearance,
ments related to fair housing, nondiscrimina-
or human trafficking, as defined by the Sec- delinquency, or default;
tion, labor standards, and the environment, (C) principal reduction;
retary; upon a finding that the waiver or alternative re-
(4) in other populations where providing sup- (D) facilitating interest rate reductions;
quirement is necessary to expedite or facilitate (E) payment assistance for—
portive services or assistance under section
the use of amounts made available under this (i) utilities, including electric, gas, home en-
212(a) of the Act (42 U.S.C. 12742(a)) would pre-
section. ergy, and water;
vent the family’s homelessness or would serve
SEC. 4107. HOMEOWNER ASSISTANCE FUND. (ii) internet service, including broadband
those with the greatest risk of housing insta-
(a) APPROPRIATION.—In addition to amounts internet access service, as defined in section
bility; or
otherwise available, there is appropriated to the 8.1(b) of title 47, Code of Federal Regulations (or
(5) veterans and families that include a vet-
Secretary of the Treasury for the Homeowner any successor regulation);
eran family member that meet one of the pre-
Assistance Fund established under subsection (iii) homeowner’s insurance, flood insurance,
ceding criteria.
(c) for fiscal year 2021, out of any money in the and mortgage insurance; and
(c) TERMS AND CONDITIONS.— (iv) homeowner’s association, condominium
(1) FUNDING RESTRICTIONS.—The cost limits in Treasury not otherwise appropriated,
$9,961,000,000, to remain available until Sep- association fees, or common charges;
section 212(e) (42 U.S.C. 12742(e)), the commit- (F) reimbursement of funds expended by a
ment requirements in section 218(g) (42 U.S.C. tember 30, 2025, for qualified expenses that meet
State, local government, or designated entity
12748(g)), the matching requirements in section the purposes specified under subsection (c) and
under subsection (e) during the period begin-
220 (42 U.S.C. 12750), and the set-aside for hous- expenses described in subsection (d)(1).
ning on January 21, 2020, and ending on the
ing developed, sponsored, or owned by commu- (b) DEFINITIONS.—In this section:
date that the first funds are disbursed by the el-
nity housing development organizations re- (1) CONFORMING LOAN LIMIT.—The term ‘‘con-
igible entity under the Homeowner Assistance
quired in section 231 of the Act (42 U.S.C. 12771) forming loan limit’’ means the applicable limita-
Fund, for the purpose of providing housing or
shall not apply for amounts made available in tion governing the maximum original principal
utility payment assistance to individuals or oth-
this section. obligation of a mortgage secured by a single-
erwise providing funds to prevent foreclosure or
(2) ADMINISTRATIVE COSTS.— Notwithstanding family residence, a mortgage secured by a 2-fam-
eviction of a homeowner or tenant or prevent
sections 212(c) and (d)(1) of the Act (42 U.S.C. ily residence, a mortgage secured by a 3-family
mortgage delinquency or loss of housing or utili-
12742(c) and (d)(1)), of the funds made available residence, or a mortgage secured by a 4-family
ties as a response to the coronavirus disease
in this section for carrying out activities author- residence, as determined and adjusted annually
(COVID) pandemic; and
ized in this section, a grantee may use up to fif- under section 302(b)(2) of the Federal National
(G) any other assistance to promote housing
teen percent of its allocation for administrative Mortgage Association Charter Act (12 U.S.C.
stability for homeowners, including preventing
and planning costs. 1717(b)(2)) and section 305(a)(2) of the Federal
eviction, mortgage delinquency or default, fore-
(3) OPERATING EXPENSES.—Notwithstanding Home Loan Mortgage Corporation Act (12
closure, or the loss of utility or home energy
sections 212(a) and (g) of the Act (42 U.S.C. U.S.C. 1454(a)(2)).
services, as determined by the Secretary.
12742(a) and (g)), a grantee may use up to an (2) DWELLING.—The term ‘‘dwelling’’ means (2) TARGETING.—Not less than 60 percent of
additional five percent of its allocation for the any building, structure, or portion thereof amounts made to each eligible entity allocated
payment of operating expenses of community which is occupied as, or designed or intended amounts under subsection (d) or (f) shall be
housing development organizations and non- for occupancy as, a residence by one or more in- used for qualified expenses that assist home-
profit organizations carrying out activities au- dividuals. owners having incomes equal to or less than 100
thorized under this section, but only if— (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti- percent of the area median income for their
(A) such funds are used to develop the capac- ty’’ means— household size or equal to or less than 100 per-
ity of the community housing development orga- (A) a State; or cent of the median income for the United States,
nization or nonprofit organization in the juris- (B) any entity eligible for payment under sub- as determined by the Secretary of Housing and
diction or insular area to carry out activities section (f). Urban Development, whichever is greater. The
authorized under this section; and (4) MORTGAGE.—The term ‘‘mortgage’’ means eligible entity shall prioritize remaining funds to
(B) the community housing development orga- any credit transaction— socially and economically disadvantaged indi-
nization or nonprofit organization complies with (A) that is secured by a mortgage, deed of viduals.
the limitation on assistance in section 234(b) of trust, or other consensual security interest on a (d) ALLOCATION OF FUNDS.—
the Act (42 U.S.C. 12774(b)). principal residence of a borrower that is (i) a 1- (1) ADMINISTRATION.—Of any amounts made
(4) CONTRACTING.—A grantee, when con- to 4-unit dwelling, or (ii) residential real prop- available under this section, the Secretary shall
tracting with service providers engaged directly erty that includes a 1- to 4-unit dwelling; and reserve—
in the provision of services under paragraph (B) the unpaid principal balance of which (A) to the Department of the Treasury, an
(a)(3), shall, to the extent practicable, enter into was, at the time of origination, not more than amount not to exceed $40,000,000 to administer
contracts in amounts that cover the actual total the conforming loan limit. and oversee the Fund, and to provide technical
program costs and administrative overhead to (5) FUND.—The term ‘‘Fund’’ means the assistance to eligible entities for the creation
provide the services contracted. Homeowner Assistance Fund established under and implementation of State and tribal pro-
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(d) ALLOCATION.— subsection (c). grams to administer assistance from the Fund;
(1) FORMULA ASSISTANCE.—Except as provided (6) SECRETARY.—The term ‘‘Secretary’’ means and
in paragraphs (2) and (3), the Secretary shall the Secretary of the Treasury. (B) to the Inspector General of the Depart-
allocate amounts made available under this sec- (7) SOCIALLY AND ECONOMICALLY DISADVAN- ment of the Treasury, an amount to not exceed
tion pursuant to section 217 of the Act (42 TAGED INDIVIDUAL.—The term ‘‘socially and eco- $2,600,000 for oversight of the program under
U.S.C. 12747) to grantees that received alloca- nomically disadvantaged individual’’ means an this section.
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H799
(2) FOR STATES.—After the application of priated under subsection (a), the Secretary shall (cc) in subparagraph (A), by striking ‘‘The
paragraphs (1), (4), and (5) of this subsection use 5 percent to make payments to entities that Secretary’’ and inserting ‘‘With respect to States
and subject to paragraph (3) of this subsection, are eligible for payments under clauses (i) and other than Tribal governments, the Secretary’’;
the Secretary shall allocate the remaining funds (ii) of section 501(b)(2)(A) of subtitle A of title V (dd) in subparagraph (C)(i), by striking
available within the Homeowner Assistance of division N of the Consolidated Appropriations ‘‘2007’’ and inserting ‘‘2019’’; and
Fund to each State of the United States, the Act, 2021 (Public Law 116-260) for the purposes (ee) by adding at the end the following:
District of Columbia, and the Commonwealth of described in subsection (c). ‘‘(C) SEPARATE ALLOCATION FOR TRIBAL GOV-
Puerto Rico based on homeowner need, taking (2) ALLOCATION AND PAYMENT.—The Secretary ERNMENTS.—
into consideration, for such State relative to all shall allocate the funds set aside under para- ‘‘(i) IN GENERAL.—With respect to States that
States of the United States, the District of Co- graph (1) using the allocation formulas de- are Tribal governments, the Secretary shall de-
lumbia, and the Commonwealth of Puerto Rico, termine the 2021 allocation by allocating
scribed in clauses (i) and (ii) of section
as of the date of the enactment of this Act, $500,000,000 among the Tribal governments in
501(b)(2)(A) of subtitle A of title V of division N
which is determined by— the proportion the Secretary determines appro-
of the Consolidated Appropriations Act, 2021
(A) the average number of unemployed indi- priate, including with consideration to available
(Public Law 116-260), and shall make payments
viduals measured over a period of time not fewer employment and economic data regarding each
of such amounts beginning no later than 45
than 3 months and not more than 12 months; such Tribal government.
days after enactment of this Act to entities eligi- ‘‘(ii) NOTICE OF INTENT; TIMING OF ALLOCA-
(B) the total number of mortgagors with— ble for payment under clauses (i) and (ii) of sec-
(i) mortgage payments that are more than 30 TION.—With respect to allocations to States that
tion 501(b)(2)(A) of subtitle A of title V of divi- are Tribal governments, the Secretary may—
days past due; or
sion N of the Consolidated Appropriations Act, ‘‘(I) require Tribal governments that individ-
(ii) mortgages in foreclosure.
(3) SMALL STATE MINIMUM.— 2021 (Public Law 116-260) that notify the Sec- ually or jointly wish to participate in the Pro-
(A) IN GENERAL.—Each State of the United retary that they request to receive payments al- gram to file a notice of intent with the Secretary
States, the District of Columbia, and the Com- located from the Fund by the Secretary for pur- not later than 30 days after the date of enact-
monwealth of Puerto Rico shall receive no less poses described under subsection (c) and will use ment of subsection (d); and
than $40,000,000 for the purposes established in such payments in compliance with this section. ‘‘(II) notwithstanding paragraph (1), allocate
(c). (3) ADJUSTMENT.—Allocations provided under Federal funds to participating Tribal govern-
(B) PRO RATA ADJUSTMENTS.—The Secretary this subsection may be further adjusted as pro- ments not later than 60 days after the date of
shall adjust on a pro rata basis the amount of vided by section 501(b)(2)(B) of subtitle A of title enactment of subsection (d).
the payments for each State of the United V of division N of the Consolidated Appropria- ‘‘(D) EMPLOYMENT DATA.—If the Secretary de-
States, the District of Columbia, and the Com- tions Act, 2021 (Public Law 116-260). termines that employment data with respect to a
monwealth of Puerto Rico determined under this SEC. 4108. RELIEF MEASURES FOR SECTION 502 State is unavailable from the Bureau of Labor
subsection without regard to this subparagraph AND 504 DIRECT LOAN BORROWERS. Statistics of the Department of Labor, the Sec-
to the extent necessary to comply with the re- (a) APPROPRIATION.—In addition to amounts retary shall consider such other economic and
quirements of subparagraph (A). otherwise available, there is appropriated to the employment data that is otherwise available for
(4) TERRITORY SET-ASIDE.—Notwithstanding Secretary of Agriculture for fiscal year 2021, out purposes of determining the employment data of
any other provision of this section, of the of any money in the Treasury not otherwise ap- such State.’’; and
amounts appropriated under subsection (a), the propriated, $39,000,000, to remain available until (III) by striking paragraph (3); and
Secretary shall reserve $30,000,000 to be dis- September 30, 2023, for direct loans made under (ii) in subsection (c)—
bursed to Guam, American Samoa, the United sections 502 and 504 of the Housing Act of 1949 (I) in paragraph (1)(A)(iii), by inserting before
States Virgin Islands, and the Commonwealth of (42 U.S.C. 1472, 1474). the period the following: ‘‘that have delivered
the Northern Mariana Islands based on each (b) ADMINISTRATIVE EXPENSES.—The Sec- loans or investments to eligible businesses’’; and
such territory’s share of the combined total pop- (II) by amending paragraph (4) to read as fol-
retary may use not more than 3 percent of the
ulation of all such territories, as determined by lows:
amounts appropriated under this section for ad- ‘‘(4) TERMINATION OF AVAILABILITY OF
the Secretary. For the purposes of this para- ministrative purposes. AMOUNTS NOT TRANSFERRED.—
graph, population shall be determined based on SEC. 4109 FAIR HOUSING ACTIVITIES. ‘‘(A) IN GENERAL.—Any portion of a partici-
the most recent year for which data are avail- (a) APPROPRIATION.—In addition to amounts pating State’s allocated amount that has not
able from the United States Census Bureau. otherwise available, there is appropriated to the been transferred to the State under this section
(5) TRIBAL SET-ASIDE.—The Secretary shall al- Secretary of Housing and Urban Development may be deemed by the Secretary to be no longer
locate funds to any eligible entity designated (in this section referred to as the ‘‘Secretary’’) allocated to the State and no longer available to
under subsection (f) pursuant to the require- for fiscal year 2021, out of any money in the the State and shall be returned to the general
ments of that subsection. Treasury not otherwise appropriated, fund of the Treasury or reallocated as described
(e) DISTRIBUTION OF FUNDS TO STATES.—
(1) IN GENERAL.—The Secretary shall make $20,000,000, to remain available until September under subparagraph (B), if—
30, 2023, for the Fair Housing Initiatives Pro- ‘‘(i) the second 1⁄3 of a State’s allocated
payments, beginning not later than 45 days
gram under section 561 of the Housing and Com- amount has not been transferred to the State be-
after enactment of this Act, from amounts allo-
munity Development Act of 1987 (42 U.S.C. fore the end of the end of the 3-year period be-
cated under subsection (d) to eligible entities ginning on the date that the Secretary approves
that have notified the Secretary that they re- 3616a) to ensure fair housing organizations have
additional resources to address fair housing in- the State for participation; or
quest to receive payment from the Fund and ‘‘(ii) the last 1⁄3 of a State’s allocated amount
that the eligible entity will use such payments quiries, complaints, investigations, and edu-
cation and outreach activities, during or relat- has not been transferred to the State before the
in compliance with this section. end of the end of the 6-year period beginning on
(2) REALLOCATION.—If a State does not re- ing to the coronavirus pandemic.
(b) ADMINISTRATIVE EXPENSES.—The Sec- the date that the Secretary approves the State
quest allocated funds by the 45th day after the for participation.
date of enactment of this Act, such State shall retary may use not more than 3 percent of the
amounts appropriated under this section for ad- ‘‘(B) REALLOCATION.—Any amount deemed by
not be eligible for a payment from the Secretary the Secretary to be no longer allocated to a
pursuant to this section, and the Secretary ministrative purposes.
State and no longer available to such State
shall, by the 180th day after the date of enact- Subtitle C—Small Business (SSBCI)
under subparagraph (A) may be reallocated by
ment of this Act, reallocate any funds that were SEC. 4201. STATE SMALL BUSINESS CREDIT INI- the Secretary to other participating States. In
not requested by such State among the States TIATIVE.
making such a reallocation, the Secretary shall
that have requested funds by the 45th day after (a) STATE SMALL BUSINESS CREDIT INITIA- not take into account the minimum allocation
the date of enactment of this Act. For any such TIVE.— requirements under subsection (b)(2)(B) or the
reallocation of funds, the Secretary shall adhere (1) IN GENERAL.—The State Small Business specific allocation for Tribal governments de-
to the requirements of subsection (d), except for Credit Initiative Act of 2010 (12 U.S.C. 5701 et scribed under subsection (b)(2)(C).’’;
paragraph (1), to the greatest extent possible, seq.) is amended— (B) in section 3004(d), by striking ‘‘date of en-
provided that the Secretary shall also take into (A) in section 3003— actment of this Act’’ each place it appears and
consideration in determining such reallocation a (i) in subsection (b)— inserting ‘‘date of the enactment of section
State’s remaining need and a State’s record of (I) by amending paragraph (1) to read as fol- 3003(d)’’;
using payments from the Fund to serve home- lows: (C) in section 3005(b), by striking ‘‘date of en-
owners at disproportionate risk of mortgage de- ‘‘(1) IN GENERAL.—Not later than 30 days after actment of this Act’’ each place it appears and
fault, foreclosure, or displacement, including the date of enactment of subsection (d), the Sec- inserting ‘‘date of the enactment of section
homeowners having incomes equal to or less retary shall allocate Federal funds to partici- 3003(d)’’;
than 100 percent of the area median income for pating States so that each State is eligible to re- (D) in section 3006(b)(4), by striking ‘‘date of
their household size or 100 percent of the median ceive an amount equal to what the State would enactment of this Act’’ and inserting ‘‘date of
income for the United States, as determined by receive under the 2021 allocation, as determined the enactment of section 3003(d)’’;
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the Secretary of Housing and Urban Develop- under paragraph (2).’’; (E) in section 3007(b), by striking ‘‘March 31,
ment, whichever is greater, and minority home- (II) in paragraph (2)— 2011’’ and inserting ‘‘March 31, 2022’’;
owners. (aa) by striking ‘‘2009’’ each place such term (F) in section 3009, by striking ‘‘date of enact-
(f) TRIBAL SET-ASIDE.— appears and inserting ‘‘2021’’; ment of this Act’’ each place it appears and in-
(1) SET-ASIDE.—Notwithstanding any other (bb) by striking ‘‘2008’’ each place such term serting ‘‘date of the enactment of section
provision of this section, of the amounts appro- appears and inserting ‘‘2020’’; 3003(d)’’; and
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H800 CONGRESSIONAL RECORD — HOUSE February 26, 2021
(G) in section 3011(b), by striking ‘‘date of the from funds allocated under this section to be ex- sult in predatory lending, as determined by the
enactment of this Act’’ each place it appears pended for very small businesses. Secretary.’’.
and inserting ‘‘date of the enactment of section ‘‘(2) VERY SMALL BUSINESS DEFINED.—In this (h) INCLUSION OF TRIBAL GOVERNMENTS.—Sec-
3003(d)’’. subsection, the term ‘very small business’— tion 3002(10) of the State Small Business Credit
(2) APPROPRIATION.— ‘‘(A) means a business with fewer than 10 em- Initiative Act of 2010 (12 U.S.C. 5701(10)) is
(A) IN GENERAL.—In addition to amounts oth- ployees; and amended—
erwise available, there is hereby appropriated to ‘‘(B) may include independent contractors (1) in subparagraph (C), by striking ‘‘and’’ at
the Secretary of the Treasury for fiscal year and sole proprietors.’’. the end;
2021, out of any money in the Treasury not oth- (d) CDFI AND MDI PARTICIPATION PLAN.— (2) in subparagraph (D), by striking the pe-
erwise appropriated, $10,000,000,000, to remain Section 3004 of the State Small Business Credit riod at the end and inserting ‘‘; and’’; and
available until expended, to provide support to Initiative Act of 2010 (12 U.S.C. 5703) is amended (3) by adding at the end the following:
small businesses responding to and recovering by adding at the end the following: ‘‘(E) a Tribal government, or a group of Tribal
from the economic effects of the COVID–19 pan- ‘‘(e) CDFI AND MDI PARTICIPATION PLAN.— governments that jointly apply for an alloca-
demic, ensure business enterprises owned and The Secretary may not approve a State to be a tion.’’.
participating State unless the State has pro- (i) DEFINITIONS.—Section 3002 of the State
controlled by socially and economically dis-
vided the Secretary with a plan detailing how Small Business Credit Initiative Act of 2010 (12
advantaged individuals have access to credit
minority depository institutions and community U.S.C. 5701) is amended by adding at the end
and investments, provide technical assistance to
development financial institutions will be en- the following:
help small businesses applying for various sup- ‘‘(15) BUSINESS ENTERPRISE OWNED AND CON-
port programs, and to pay reasonable costs of couraged to participate in State programs.’’.
TROLLED BY SOCIALLY AND ECONOMICALLY DIS-
administering such Initiative. (e) PANDEMIC RESPONSE PLAN.—Section 3004
ADVANTAGED INDIVIDUALS.—The term ‘business
(B) RESCISSION.—With respect to amounts ap- of the State Small Business Credit Initiative Act
enterprise owned and controlled by socially and
propriated under subparagraph (A)— of 2010 (12 U.S.C. 5703), as amended by sub-
economically disadvantaged individuals’ means
(i) the Secretary of the Treasury shall com- section (d), is further amended by adding at the
a business that—
plete all disbursements and remaining obliga- end the following: ‘‘(A) if privately owned, 51 percent is owned
tions before September 30, 2030; and ‘‘(f) PANDEMIC RESPONSE PLAN.—The Sec-
by one or more socially and economically dis-
(ii) any amounts that remain unexpended retary may not approve a State to be a partici-
advantaged individuals;
(whether obligated or unobligated) on September pating State unless the State has provided the ‘‘(B) if publicly owned, 51 percent of the stock
30, 2030, shall be rescinded and deposited into Secretary with a description of how the State is owned by one or more socially and economi-
the general fund of the Treasury. will expeditiously utilize funds to support small cally disadvantaged individuals; and
(b) ADDITIONAL ALLOCATIONS TO SUPPORT businesses, including business enterprises owned ‘‘(C) in the case of a mutual institution, a ma-
BUSINESS ENTERPRISES OWNED AND CONTROLLED and controlled by socially and economically dis- jority of the Board of Directors, account hold-
BY SOCIALLY AND ECONOMICALLY DISADVAN- advantaged individuals, in responding to and ers, and the community which the institution
TAGED INDIVIDUALS.—Section 3003 of the State recovering from the economic effects of the services is predominantly comprised of socially
Small Business Credit Initiative Act of 2010 (12 COVID–19 pandemic.’’. and economically disadvantaged individuals.
U.S.C. 5702) is amended by adding at the end (f) TECHNICAL ASSISTANCE.—Section 3009 of ‘‘(16) COMMUNITY DEVELOPMENT FINANCIAL IN-
the following: the State Small Business Credit Initiative Act of STITUTION.—The term ‘community development
‘‘(d) ADDITIONAL ALLOCATIONS TO SUPPORT 2010 (12 U.S.C. 5708) is amended by adding at financial institution’ has the meaning given
BUSINESS ENTERPRISES OWNED AND CONTROLLED the end the following: that term under section 103 of the Riegle Com-
BY SOCIALLY AND ECONOMICALLY DISADVAN- ‘‘(e) TECHNICAL ASSISTANCE.—Of the amounts munity Development and Regulatory Improve-
TAGED INDIVIDUALS.—Of the amounts appro- appropriated for fiscal year 2021 to carry out the ment Act of 1994.
priated for fiscal year 2021 to carry out the Pro- Program, $500,000,000 may be used by the Sec- ‘‘(17) MINORITY DEPOSITORY INSTITUTION.—
gram, the Secretary shall— retary to— The term ‘minority depository institution’ has
‘‘(1) allocate $1,500,000,000 to States allocated ‘‘(1) provide funds to States to carry out a the meaning given that term under section
under this section and, by regulation or other technical assistance plan under which a State 308(b) of the Financial Institutions Reform, Re-
guidance, prescribe Program requirements that will provide legal, accounting, and financial ad- covery, and Enforcement Act of 1989.
the funds be expended for business enterprises visory services, either directly or contracted ‘‘(18) SOCIALLY AND ECONOMICALLY DISADVAN-
owned and controlled by socially and economi- with legal, accounting, and financial advisory TAGED INDIVIDUAL.—The term ‘socially and eco-
cally disadvantaged individuals; firms, with priority given to business enterprises nomically disadvantaged individual’ means an
‘‘(2) allocate such amounts to States based on owned and controlled by socially and economi- individual who is a socially disadvantaged indi-
the needs of business enterprises owned and cally disadvantaged individuals, to very small vidual or an economically disadvantaged indi-
controlled by socially and economically dis- businesses and business enterprises owned and vidual, as such terms are defined, respectively,
advantaged individuals, as determined by the controlled by socially and economically dis- under section 8 of the Small Business Act (15
Secretary, in each State, and not subject to the advantaged individuals applying for— U.S.C. 637) and the regulations thereunder.
allocation formula described under subsection ‘‘(A) State programs under the Program; and ‘‘(19) TRIBAL GOVERNMENT.—The term ‘Tribal
(b); ‘‘(B) other State or Federal programs that government’ means a government of an Indian
‘‘(3) oversee the States’ expenditure of these support small businesses; Tribe listed on the list of recognized Tribes pub-
funds to directly support business enterprises ‘‘(2) transfer amounts to the Minority Busi- lished by the Secretary of the Interior under sec-
owned and controlled by socially and economi- ness Development Agency, so that the Agency tion 104 of the Federally Recognized Indian
cally disadvantaged individuals; and may use such amounts in a manner the Agency Tribe List Act of 1994 (25 U.S.C. 5131) and means
‘‘(4) establish a minimum amount of support determines appropriate, including through con- the Office of Hawaiian Affairs established by
that a State shall provide to business enterprises tracting with third parties, to provide technical the Constitution of the State of Hawaii.’’
owned and controlled by socially and economi- assistance to business enterprises owned and (j) RULE OF APPLICATION.—The amendments
cally disadvantaged individuals. controlled by socially and economically dis- made by this section shall apply with respect to
‘‘(e) INCENTIVE ALLOCATIONS TO SUPPORT advantaged individuals applying to— funds appropriated under this section and funds
BUSINESS ENTERPRISES OWNED AND CONTROLLED ‘‘(A) State programs under the Program; and appropriated on and after the date of enactment
BY SOCIALLY AND ECONOMICALLY DISADVAN- ‘‘(B) other State or Federal programs that of this section.
TAGED INDIVIDUALS.—Of the amounts appro- support small businesses; and Subtitle D—Airlines
priated for fiscal year 2021 to carry out the Pro- ‘‘(3) contract with legal, accounting, and fi- SEC. 4301. AIR TRANSPORTATION PAYROLL SUP-
gram, the Secretary shall set aside $1,000,000,000 nancial advisory firms (with priority given to PORT PROGRAM EXTENSION.
for an incentive program under which the Sec- business enterprises owned and controlled by so- (a) DEFINITIONS.—The definitions in section
retary shall increase the second 1⁄3 and last 1⁄3 cially and economically disadvantaged individ- 40102(a) of title 49, United States Code, shall
allocations for States that demonstrate robust uals), to provide technical assistance to business apply with respect to terms used in this section,
support, as determined by the Secretary, for enterprises owned and controlled by socially except that—
business concerns owned and controlled by so- and economically disadvantaged individuals ap- (1) the term ‘‘catering functions’’ means prep-
cially and economically disadvantaged individ- plying to— aration, assembly, or both, of food, beverages,
uals in the deployment of prior allocation ‘‘(A) State programs under the Program; and provisions and related supplies for delivery, and
amounts.’’. ‘‘(B) other State or Federal programs that the delivery of such items, directly to aircraft or
(c) ADDITIONAL ALLOCATIONS TO SUPPORT support small businesses.’’. to a location on or near airport property for
VERY SMALL BUSINESSES.—Section 3003 of the (g) PREDATORY LENDING PROHIBITED.—Sec- subsequent delivery to aircraft;
State Small Business Credit Initiative Act of tion 3004 of the State Small Business Credit Ini- (2) the term ‘‘contractor’’ means—
2010 (12 U.S.C. 5702), as amended by subsection tiative Act of 2010 (15 U.S.C. 5702), as amended (A) a person that performs, under contract
(b), is further amended by adding at the end the by subsection (e), is further amended by adding with a passenger air carrier conducting oper-
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following: at the end the following: ations under part 121 of title 14, Code of Federal
‘‘(f) ADDITIONAL ALLOCATIONS TO SUPPORT ‘‘(g) PREDATORY LENDING PROHIBITED.—The Regulations—
VERY SMALL BUSINESSES.— Secretary may not approve a State to be a par- (i) catering functions; or
‘‘(1) IN GENERAL.—Of the amounts appro- ticipating State unless the State has agreed that (ii) functions on the property of an airport
priated to carry out the Program, the Secretary no lending activity supported by amounts re- that are directly related to the air transpor-
shall allocate not less than $500,000,000 to States ceived by the State under the Program would re- tation of persons, property, or mail, including
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H801
the loading and unloading of property on air- (ii) refrain from purchasing an equity security enactment of this section, the Secretary shall
craft, assistance to passengers under part 382 of of the contractor or the parent company of the make initial payments to air carriers and con-
title 14, Code of Federal Regulations, security, contractor that is listed on a national securities tractors that submit requests for financial as-
airport ticketing and check-in functions, exchange through September 30, 2022; sistance approved by the Secretary.
ground-handling of aircraft, or aircraft cleaning (iii) refrain from paying dividends, or making (4) TAXPAYER PROTECTION.—The Secretary
and sanitization functions and waste removal; other capital distributions, with respect to com- shall receive financial instruments issued by re-
or mon stock (or equivalent interest) of the con- cipients of financial assistance under this sec-
(B) a subcontractor that performs such func- tractor through September 30, 2022; tion in the same form and amount, and under
tions; (iv) during the 2-year period beginning April the same terms and conditions, as determined by
(3) the term ‘‘employee’’ means an individual, 1, 2021, and ending April 1, 2023, refrain from the Secretary under section 408 of subtitle A of
other than a corporate officer, who is employed paying— title IV of division N of the Consolidated Appro-
by an air carrier or a contractor; (I) any officer or employee of the contractor priations Act, 2021 (Pub. L. No. 116-260).
(4) the term ‘‘eligible air carrier’’ means an air whose total compensation exceeded $425,000 in (5) ADMINISTRATIVE EXPENSES.—Of the
carrier that— calendar year 2019 (other than an employee amounts made available under paragraph
(A) received financial assistance pursuant sec- whose compensation is determined through an (1)(A), $10,000,000 shall be made available to the
tion 402(a)(1) of division N of the Consolidated existing collective bargaining agreement entered Secretary for costs and administrative expenses
Appropriations Act, 2021 (Public Law 116-260); into prior to the date of enactment of this Act)— associated with providing financial assistance
(B) provides air transportation as of March (aa) total compensation that exceeds, during under this section.
31, 2021; any 12 consecutive months of such 2-year pe- (c) FUNDING.—In addition to amounts other-
(C) has not conducted involuntary furloughs riod, the total compensation received by the offi- wise available, there is appropriated for fiscal
or reduced pay rates or benefits between March cer or employee from the contractor in calendar year 2021, out of any money in the Treasury not
31, 2021, and the date on which the air carrier year 2019; or otherwise appropriated, $15,000,000,000, to re-
makes a certification to the Secretary pursuant (bb) severance pay or other benefits upon ter- main available until expended, to carry out this
to subparagraph (D); and mination of employment with the contractor section.
(D) certifies to the Secretary that such air car- which exceeds twice the maximum total com-
rier will— TITLE V—COMMITTEE ON OVERSIGHT AND
pensation received by the officer or employee REFORM
(i) refrain from conducting involuntary fur-
from the contractor in calendar year 2019; and
loughs or reducing pay rates or benefits until (II) any officer or employee of the contractor Subtitle A—Coronavirus State and Local
September 30, 2021, or the date on which assist- whose total compensation exceeded $3,000,000 in Fiscal Recovery Funds
ance provided under this section is exhausted, calendar year 2019 during any 12 consecutive SEC. 5001. CORONAVIRUS STATE AND LOCAL FIS-
whichever is later; months of such period total compensation in ex- CAL RECOVERY FUNDS.
(ii) refrain from purchasing an equity security (a) IN GENERAL.—Title VI of the Social Secu-
cess of the sum of—
of the air carrier or the parent company of the rity Act (42 U.S.C. 801 et seq.) is amended by
(aa) $3,000,000; and
air carrier that is listed on a national securities (bb) 50 percent of the excess over $3,000,000 of adding at the end the following:
exchange through September 30, 2022; the total compensation received by the officer or ‘‘SEC. 602. CORONAVIRUS STATE FISCAL RECOV-
(iii) refrain from paying dividends, or making ERY FUND.
employee from the contractor in calendar year
other capital distributions, with respect to com- ‘‘(a) APPROPRIATION.—In addition to amounts
2019.
mon stock (or equivalent interest) of such air otherwise available, there is appropriated for
(6) the term ‘‘Secretary’’ means the Secretary
carrier through September 30, 2022; fiscal year 2021, out of any money in the Treas-
of the Treasury.
(iv) during the 2-year period beginning April
(b) PAYROLL SUPPORT GRANTS.— ury not otherwise appropriated, $219,800,000,000,
1, 2021, and ending April 1, 2023, refrain from (1) IN GENERAL.—To preserve aviation jobs to remain available until expended, for making
paying— and compensate air carrier industry workers, payments under this section to States, terri-
(I) any officer or employee of the air carrier
the Secretary shall make available to eligible air tories, and Tribal governments to mitigate the
whose total compensation exceeded $425,000 in
carriers and eligible contractors, financial as- fiscal effects stemming from the public health
calendar year 2019 (other than an employee
sistance exclusively for the continuation of pay- emergency with respect to the Coronavirus Dis-
whose compensation is determined through an
ment of employee wages, salaries, and benefits ease (COVID–19).
existing collective bargaining agreement entered
to— ‘‘(b) AUTHORITY TO MAKE PAYMENTS.—
into prior to the date of enactment of this Act)—
(A) eligible air carriers, in an aggregate ‘‘(1) PAYMENTS TO TERRITORIES.—
(aa) total compensation that exceeds, during
amount of $14,000,000,000; and ‘‘(A) IN GENERAL.—The Secretary shall reserve
any 12 consecutive months of such 2-year pe-
(B) eligible contractors, in an aggregate $4,500,000,000 of the amount appropriated under
riod, the total compensation received by the offi-
amount of $1,000,000,000. subsection (a) to make payments to the terri-
cer or employee from the air carrier in calendar
(2) APPORTIONMENTS.— tories.
year 2019; or
(A) IN GENERAL.—The Secretary shall appor- ‘‘(B) ALLOCATION.—Of the amount reserved
(bb) severance pay or other benefits upon ter-
tion funds to eligible air carriers and eligible under subparagraph (A)—
mination of employment with the air carrier
contractors in accordance with the requirements ‘‘(i) 50 percent of such amount shall be allo-
which exceeds twice the maximum total com-
of this section not later than April 15, 2021. cated by the Secretary equally among each terri-
pensation received by the officer or employee
(B) ELIGIBLE AIR CARRIERS.—The Secretary tory; and
from the air carrier in calendar year 2019; and
(II) any officer or employee of the air carrier shall apportion funds made available under ‘‘(ii) 50 percent of such amount shall be allo-
whose total compensation exceeded $3,000,000 in paragraph (1)(A) to each eligible air carrier in cated by the Secretary as an additional amount
calendar year 2019 during any 12 consecutive the ratio that— to each territory in an amount which bears the
(i) the amount received by the air carrier pur- same proportion to 1⁄2 of the total amount re-
months of such period total compensation in ex-
suant to section 403(a) of division N of the Con- served under subparagraph (A) as the relative
cess of the sum of—
(aa) $3,000,000; and solidated Appropriations Act, 2021 (Public Law population of the territory bears to the total
(bb) 50 percent of the excess over $3,000,000 of 116-260) bears to population of all such territories.
the total compensation received by the officer or (ii) $15,000,000,000. ‘‘(C) PAYMENT.—The Secretary shall pay each
employee from the air carrier in calendar year (C) ELIGIBLE CONTRACTORS.—The Secretary territory the total of the amounts allocated for
2019. shall apportion, to each eligible contractor, an the territory under subparagraph (B).
(5) the term ‘‘eligible contractor’’ means a amount equal to the total amount such con- ‘‘(2) PAYMENTS TO TRIBAL GOVERNMENTS.—
contractor that— tractor received pursuant to section 403(a) of di- ‘‘(A) IN GENERAL.—The Secretary shall reserve
(A) received financial assistance pursuant to vision N of the Consolidated Appropriations Act, $20,000,000,000 of the amount appropriated
section 402(a)(2) of division N of the Consoli- 2021 (Public Law 116-260). under subsection (a) to make payments to Tribal
dated Appropriations Act, 2021 (Public Law 116- (3) IN GENERAL.— governments.
260); (A) FORMS; TERMS AND CONDITIONS.—The Sec- ‘‘(B) ALLOCATION.—Of the amount reserved
(B) performs one or more of the functions de- retary shall provide financial assistance to an under subparagraph (A)—
scribed under paragraph (2) as of March 31, eligible air carrier or eligible contractor under ‘‘(i) $1,000,000,000 shall be allocated by the
2021; this section in the same form and on the same Secretary equally among each Tribal govern-
(C) has not conducted involuntary furloughs terms and conditions as determined by pursuant ment; and
or reduced pay rates or benefits between March to section 403(b)(1)(A) of subtitle A of title IV of ‘‘(ii) $19,000,000,000 shall be allocated by the
31, 2021, and the date on which the contractor division N of the Consolidated Appropriations Secretary among each Tribal government in an
makes a certification to the Secretary pursuant Act, 2021 (Pub. L. No. 116-260). amount determined by the Secretary.
to subparagraph (D); and (B) PROCEDURES.—The Secretary shall publish ‘‘(C) PAYMENT.— The Secretary shall pay
(D) certifies to the Secretary that such con- streamlined and expedited procedures not later each Tribal government the total of the amounts
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tractor will— than 5 days after the date of enactment of this allocated for the Tribal government under sub-
(i) refrain from conducting involuntary fur- section for eligible air carriers and eligible con- paragraph (B).
loughs or reducing pay rates or benefits until tractors to submit requests for financial assist- ‘‘(3) PAYMENTS TO EACH OF THE 50 STATES AND
September 30, 2021, or the date on which assist- ance under this section. THE DISTRICT OF COLUMBIA.—
ance provided under this section is exhausted, (C) DEADLINE FOR IMMEDIATE PAYROLL ASSIST- ‘‘(A) IN GENERAL.—The Secretary shall reserve
whichever is later; ANCE.—Not later than 10 days after the date of $195,300,000,000 of the amount appropriated
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H802 CONGRESSIONAL RECORD — HOUSE February 26, 2021
under subsection (a) to make payments to each funds made available under this section may all areas that are non-metropolitan cities in the
of the 50 States and the District of Columbia. transfer funds to a private nonprofit organiza- State bears to the total population of all areas
‘‘(B) ALLOCATIONS.—Of the amount reserved tion (as that term is defined in paragraph (17) that are non-metropolitan cities in all such
under subparagraph (A)— of section 401 of the McKinney-Vento Homeless States.
‘‘(i) $25,500,000,000 of such amount shall be al- Assistance Act (42 U.S.C. 11360(17)), or a public ‘‘(C) DISTRIBUTION TO NONENTITLEMENT UNITS
located by the Secretary equally among each of benefit corporation involved in the transpor- OF LOCAL GOVERNMENT.—
the 50 States and the District of Columbia; tation of passengers or cargo, a special-purpose ‘‘(i) IN GENERAL.—Not later than 30 days after
‘‘(ii) an amount equal to $1,250,000,000 less the unit of State or local government. a State receives a payment under subparagraph
amount allocated for the District of Columbia ‘‘(d) CERTIFICATION OF NEED AND INTENDED (B), the State shall distribute to each non-
pursuant to section 601(c)(6) shall allocated by USES.—In order to receive a payment under this entitlement unit of local government in the State
the Secretary as an additional amount to the section (other than the payment made in ac- an amount that bears the same proportion to the
District of Columbia; and cordance with subsection (b)(5)(B) of this sec- amount of such payment as the population of
‘‘(iii) an amount equal to the remainder of the tion) or a transfer of funds under section the nonentitlement unit of local government
amount reserved under subparagraph (A) after 603(c)(3), a State, territory, or Tribal govern- bears to the total population of all the non-
the application of clauses (i) and (ii) of this sub- ment shall provide the Secretary with a certifi- entitlement units of local government in the
paragraph shall be allocated by the Secretary as cation signed by the authorized officer of such State, subject to clause (iii).
an additional amount to each of the 50 States State, territory, or Tribal government, that— ‘‘(ii) DISTRIBUTION OF FUNDS.—
and the District of Columbia in an amount ‘‘(1) such State, territory, or Tribal govern- ‘‘(I) EXTENSION FOR DISTRIBUTION.—If an au-
which bears the same proportion to such re- ment requires Federal assistance under this sec- thorized officer of a State required to make dis-
mainder as the average estimated number of sea- tion to effectively carry out the activities speci- tributions under clause (i) certifies in writing to
sonally-adjusted unemployed individuals (as fied in subsection (c) of this section; and the Secretary before the end of the 30-day dis-
measured by the Bureau of Labor Statistics ‘‘(2) such State, territory, or Tribal govern- tribution period described in such clause that it
Local Area Unemployment Statistics program) ment’s intended uses of any payment under this would constitute an excessive administrative
in the State or District of Columbia over the 3- section, or transfer of funds under section burden for the State to meet the terms of such
month period ending in December 2020 bears to 603(c)(3), are consistent with subsection (c) of clause with respect to 1 or more such distribu-
the average estimated number of seasonally-ad- this section. tions, the authorized officer may request, and
justed unemployed individuals in all of the 50 ‘‘(e) DEFINITIONS.—In this section: the Secretary shall grant, an extension of such
States and the District of Columbia over the ‘‘(1) SECRETARY.—The term ‘Secretary’ means period of not more than 30 days to allow the
same period. the Secretary of the Treasury. State to make such distributions in accordance
‘‘(C) PAYMENT.—The Secretary shall pay each ‘‘(2) STATE.—The term ‘State’ means each of with clause (i).
of the 50 States and the District of Columbia the the 50 States and the District of Columbia. ‘‘(II) ADDITIONAL EXTENSIONS.—
total of the amounts allocated for the State and ‘‘(3) TERRITORY.—The term ‘territory’ means ‘‘(aa) IN GENERAL.—If a State has been grant-
District of Columbia under subparagraph (B). the Commonwealth of Puerto Rico, the United ed an extension to the distribution period under
‘‘(4) POPULATION DATA.—For purposes of de- States Virgin Islands, Guam, the Commonwealth subclause (I) but is unable to make all the dis-
termining allocations for a State or territory of the Northern Mariana Islands, and American tributions required under clause (i) before the
under this section, the population of the State Samoa. end of such period as extended, the authorized
or territory shall be determined based on the ‘‘(4) TRIBAL GOVERNMENT.—The term ‘Tribal officer of the State may request an additional
most recent data available from the Bureau of Government’ means the recognized governing extension of the distribution period of not more
the Census. body of any Indian or Alaska Native tribe, than 30 days. The Secretary may grant a re-
‘‘(5) TIMING.— band, nation, pueblo, village, community, com- quest for an additional extension of such period
‘‘(A) IN GENERAL.—Subject to subparagraph ponent band, or component reservation, individ- only if—
(B), to the extent practicable, with respect to ually identified (including parenthetically) in ‘‘(AA) the authorized officer making such re-
each State, territory, and Tribal government al- the list published most recently as of the date of quest provides a written plan to the Secretary
located a payment under this subsection, the enactment of this Act pursuant to section 104 of specifying, for each distribution for which an
Secretary shall make the payment required for the Federally Recognized Indian Tribe List Act additional extension is requested, when the
the State, territory, or Tribal government (as of 1994 (25 U.S.C. 5131). State expects to make such distribution and the
applicable) not later than 60 days after the date ‘‘SEC. 603. CORONAVIRUS LOCAL FISCAL RECOV- actions the State has taken and will take in
on which the certification required under sub- ERY FUND. order to make all such distributions before the
section (d) is provided to the Secretary. ‘‘(a) APPROPRIATION.—In addition to amounts end of the distribution period (as extended
‘‘(B) EXCEPTION.—With respect to the amount otherwise available, there is appropriated for under subclause (I) and this subclause); and
allocated to the District of Columbia under fiscal year 2021, out of any money in the Treas- ‘‘(BB) the Secretary certifies in writing that
paragraph (3)(B)(ii)— ury not otherwise appropriated, $130,200,000,000, the actions specified in such plan are likely suf-
‘‘(i) the Secretary shall pay such amount to to remain available until expended, for making ficient for the State to make all such distribu-
the District of Columbia not later than 15 days payments under this section to metropolitan cit- tions before the end of the distribution period
after the date of enactment of this section; and ies, nonentitlement units of local government, (as so extended).
‘‘(ii) the District of Columbia shall not be re- and counties to mitigate the fiscal effects stem- ‘‘(bb) FURTHER ADDITIONAL EXTENSIONS.—If a
quired to submit a certification under subsection ming from the public health emergency with re- State granted an additional extension of the dis-
(d) as a condition for receiving such payment. spect to the Coronavirus Disease (COVID–19). tribution period under item (aa) requires any
‘‘(6) PRO RATA ADJUSTMENT AUTHORITY.—The ‘‘(b) AUTHORITY TO MAKE PAYMENTS.— further additional extensions of such period, the
amounts otherwise determined for allocation ‘‘(1) METROPOLITAN CITIES.— request only may be made and granted subject
and payment under paragraphs (1), (2), and (3) ‘‘(A) IN GENERAL.—Of the amount appro- to the requirements specified in item (aa).
may be adjusted by the Secretary on a pro rata priated under subsection (a), the Secretary shall ‘‘(iii) CAPPED AMOUNT.—The total amount dis-
basis to the extent necessary to ensure that all reserve $45,570,000,000 to make payments to met- tributed to a nonentitlement unit of local gov-
available funds are distributed to territories, ropolitan cities. ernment under this paragraph may not exceed
Tribal governments, and States in accordance ‘‘(B) ALLOCATION AND PAYMENT.—From the the amount equal to 75 percent of the most re-
with the requirements specified in each para- amount reserved under subparagraph (A), the cent budget for the nonentitlement unit of local
graph (as applicable) and the certification re- Secretary shall estimate, allocate, and pay, to government as of January 27, 2020.
quirement specified in subsection (d). each metropolitan city an amount determined ‘‘(iv) REDISTRIBUTION OF EXCESS AMOUNTS.—
‘‘(c) REQUIREMENTS.— for the metropolitan city consistent with the for- Any amounts not distributed to a nonentitle-
‘‘(1) USE OF FUNDS.—A State, territory, or mula under section 106(b) of the Housing and ment unit of local government as a result of the
Tribal government shall only use the funds pro- Community Development Act of 1974 (42 U.S.C. application of clause (iii) shall be retained or
vided under a payment made under this section, 5306(b)), except that, in applying such formula, paid as follows:
or transferred pursuant to section 603(c)(3), to— the Secretary shall substitute ‘all metropolitan ‘‘(I) 50 percent of all such undistributed
‘‘(A) respond to or mitigate the public health cities’ for ‘all metropolitan areas’ each place it amounts shall be retained by the State.
emergency with respect to the Coronavirus Dis- appears. ‘‘(II) Subject to the payment limit under
ease 2019 (COVID–19) or its negative economic ‘‘(2) NONENTITLEMENT UNITS OF LOCAL GOV- clause (iii), the remainder of all such undistrib-
impacts; ERNMENT.— uted amounts shall be allocated and paid by the
‘‘(B) cover costs incurred as a result of such ‘‘(A) IN GENERAL.—Of the amount appro- State to each nonentitlement unit of local gov-
emergency; priated under subsection (a), the Secretary shall ernment in the State an amount that bears the
‘‘(C) replace revenue that was lost, delayed, reserve $19,530,000,000 to make payments to same proportion to such remainder as the popu-
or decreased (as determined based on revenue States for distribution by the State to non- lation of the nonentitlement unit of local gov-
projections for the State, Tribal Government, or entitlement units of local government in the ernment bears to the total population of all non-
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territory as of January 27, 2020) as a result of State. entitlement units of local government in the
such emergency; or ‘‘(B) ALLOCATION AND PAYMENT.—From the State.
‘‘(D) address the negative economic impacts of amount reserved under subparagraph (A), the ‘‘(v) ADJUSTMENT AUTHORITY.—A State may
such emergency. Secretary shall allocate and pay to each State make pro rata adjustments to the allocations de-
‘‘(2) TRANSFER AUTHORITY.—A State, territory, an amount which bears the same proportion to termined under clause (iv)(II) as necessary to
or Tribal government receiving a payment from such reserved amount as the total population of comply with clause (iii) and ensure that all
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H803
available funds are distributed to nonentitle- on which the certification required under sub- the meaning given that term in section 102(a)(1)
ment units of local government in a State. section (d) is provided to the Secretary; and of the Housing and Community Development
‘‘(D) PENALTY FOR NONCOMPLIANCE.—If, by ‘‘(B) with respect to the payments allocated to Act of 1974 (42 U.S.C. 5302(a)(1)).’’.
the end of the 120-day period that begins on the States under paragraph (2) for distribution to (b) TECHNICAL AMENDMENT.—The heading for
date a State receives a payment under subpara- nonentitlement units of local government, the title VI of the Social Security Act (42 U.S.C. 801
graph (B) or, if later, the last day of the dis- Secretary shall make such payments not later et seq.) is amended by striking ‘‘FUND’’ and in-
tribution period for the State (as extended with than 60 days after the date of enactment of this serting ‘‘AND FISCAL RECOVERY FUNDS’’.
respect to the State under subparagraph (C)(ii)), section. Subtitle B—Other Matters
such State has failed to make all the distribu- ‘‘(c) REQUIREMENTS.—
‘‘(1) USE OF FUNDS.—Except as provided in SEC. 5111.
EMERGENCY FEDERAL EMPLOYEE
tions from such payment in accordance with the LEAVE FUND.
terms of subparagraph (C) (including any exten- paragraph (3), a metropolitan city, nonentitle-
ment unit of local government, or county receiv- (a) ESTABLISHMENT; APPROPRIATION.—There
sions of the distribution period granted in ac-
ing a payment from funds made available under is established in the Treasury the Emergency
cordance with such subparagraph), an amount
this section shall only use such amounts to— Federal Employee Leave Fund (in this section
equal to the amount of such payment that re-
‘‘(A) respond to or mitigate the public health referred to as the ‘‘Fund’’), to be administered
mains undistributed as of such date shall be
emergency with respect to the Coronavirus Dis- by the Director of the Office of Personnel Man-
booked as a debt of such State owed to the Fed-
ease 2019 (COVID–19) or its negative economic agement, for the purposes set forth in subsection
eral Government, shall be paid back from the
impacts; (b). In addition to amounts otherwise available,
State’s allocation provided under section
‘‘(B) cover costs incurred as a result of such there is appropriated for fiscal year 2021, out of
602(b)(3)(B)(iii), and shall be deposited into the
emergency; any money in the Treasury not otherwise appro-
general fund of the Treasury.
‘‘(C) replace revenue that was lost, delayed, priated, $570,000,000, which shall be deposited
‘‘(3) COUNTIES.—
‘‘(A) AMOUNT.—From the amount appro- or decreased (as determined based on revenue into the Fund and remain available through
priated under subsection (a), the Secretary shall projections for the metropolitan city, nonentitle- September 30, 2022. The Fund is available for
reserve $65,100,000,000 of such amount to make ment unit of local government, or county as of reasonable expenses incurred by the Office of
payments directly to counties in an amount January 27, 2020) as a result of such emergency; Personnel Management in administering this
which bears the same proportion to the total or section.
‘‘(D) address the negative economic impacts of (b) PURPOSE.—Amounts in the Fund shall be
amount reserved under this paragraph as the
such emergency. available for reimbursement to an agency for the
relative population of each such county bears to ‘‘(2) TRANSFER AUTHORITY.—A metropolitan
the total population of all such entities. use of paid leave under this section by any em-
city, nonentitlement unit of local government, or ployee of the agency who is unable to work be-
‘‘(B) SPECIAL RULES.—
county receiving a payment from funds made cause the employee—
‘‘(i) URBAN COUNTIES.—No county that is an
available under this section may transfer funds (1) is subject to a Federal, State, or local quar-
‘urban county’ (as defined in section 102 of the
to a private nonprofit organization (as that term antine or isolation order related to COVID–19;
Housing and Community Development Act of
is defined in paragraph (17) of section 401 of the (2) has been advised by a health care provider
1974 (42 U.S.C. 5302)) shall receive less than the
McKinney-Vento Homeless Assistance Act (42 to self-quarantine due to concerns related to
amount the county would otherwise receive if
U.S.C. 11360(17)), a public benefit corporation COVID–19;
the amount paid under this paragraph were al-
involved in the transportation of passengers or (3) is caring for an individual who is subject
located to metropolitan cities and urban coun-
cargo, or a special-purpose unit of State or local to such an order or has been so advised;
ties under section 106(b) of the Housing and
government. (4) is experiencing symptoms of COVID–19 and
Community Development Act of 1974 (42 U.S.C. ‘‘(3) TRANSFERS TO STATES.—Notwithstanding
5306(b)). seeking a medical diagnosis;
paragraph (1) of this subsection, a metropolitan (5) is caring for a son or daughter of such em-
‘‘(ii) COUNTIES THAT ARE NOT UNITS OF GEN-
city, nonentitlement unit of local government, or ployee if the school or place of care of the son
ERAL LOCAL GOVERNMENT.—In the case of an
county receiving a payment from funds made or daughter has been closed, if the school of
amount to be paid to a county that is not a unit
available under this section may transfer such such son or daughter requires or makes optional
of general local government, the amount shall
funds to the State in which such entity is lo- a virtual learning instruction model or requires
instead be paid to the State in which such coun-
cated. or makes optional a hybrid of in-person and vir-
ty is located, and such State shall distribute ‘‘(d) CERTIFICATION OF NEED AND INTENDED
such amount to units of general local govern- tual learning instruction models, or the child
USES.—In order to receive a payment under care provider of such son or daughter is un-
ment within such county in an amounts that paragraphs (1) or (3) of subsection (b), a metro-
bear the same proportion as the population of available, due to COVID–19 precautions;
politan city or a county (as each of those terms (6) is experiencing any other substantially
such units of general local government bear to are defined in subsection (e)), shall provide the
the total population of such county. similar condition;
Secretary with a certification signed by the au- (7) is caring for a family member with a men-
‘‘(iii) DISTRICT OF COLUMBIA.—For purposes
thorized officer of such metropolitan city or tal or physical disability or who is 55 years of
of this paragraph, the District of Columbia shall
county, that— age or older and incapable of self-care, without
be considered to consist of a single county that ‘‘(1) such metropolitan city or county requires
is a unit of general local government. regard to whether another individual other than
Federal assistance under this section to effec- the employee is available to care for such family
‘‘(4) CONSOLIDATED GOVERNMENTS.—A unit of
tively carry out the activities specified in sub- member, if the place of care for such family
general local government that has formed a con-
section (c); and member is closed or the direct care provider is
solidated government, or that is geographically ‘‘(2) such metropolitan city or county’s in-
contained (in full or in part) within the bound- unavailable due to COVID–19; or
tended uses of any payment under this section
aries of another unit of general local govern- (8) is obtaining immunization related to
are consistent with subsection (c).
ment may receive a distribution under each of COVID–19 or to recover from any injury, dis-
‘‘(e) DEFINITIONS.—In this section:
paragraphs (1), (2), and (3), as applicable, based ‘‘(1) COUNTY.—The term ‘county’ means a ability, illness, or condition related to such im-
on the respective formulas specified in such county, parish, or other equivalent county divi- munization.
paragraphs. sion (as defined by the Bureau of the Census). (c) LIMITATIONS.—
‘‘(5) PRO RATA ADJUSTMENT AUTHORITY.—The ‘‘(2) METROPOLITAN CITY.—The term ‘metro- (1) PERIOD OF AVAILABILITY.—Paid leave
amounts otherwise determined for allocation politan city’ has the meaning given that term in under this section may only be provided to and
and payment under paragraphs (1), (2), and (3) section 102(a)(4) of the Housing and Community used by an employee during the period begin-
may be adjusted by the Secretary on a pro rata Development Act of 1974 (42 U.S.C. 5302(a)(4)) ning on the date of enactment of this Act and
basis to the extent necessary to ensure that all and includes cities that relinquish or defer their ending on September 30, 2021.
available funds are distributed to metropolitan status as a metropolitan city for purposes of re- (2) TOTAL HOURS; AMOUNT.—Paid leave under
cities, counties, and States in accordance with ceiving allocations under section 106 of such Act this section—
the requirements specified in each paragraph (42 U.S.C. 5306) for fiscal year 2021. (A) shall be provided to an employee in an
(as applicable) and the certification requirement ‘‘(3) NONENTITLEMENT UNIT OF LOCAL GOVERN- amount not to exceed 600 hours of paid leave for
specified in subsection (d). MENT.—The term ‘nonentitlement unit of local each full-time employee, and in the case of a
‘‘(6) POPULATION.—For purposes of deter- government’ means a ‘city’ (as that term is de- part-time employee, employee on an uncommon
mining allocations under this section, the popu- fined in section 102(a)(5) of the Housing and tour of duty, or employee with a seasonal work
lation of an entity shall be determined based on Community Development Act of 1974 (42 U.S.C. schedule, in an amount not to exceed the pro-
the most recent data are available from the Bu- 5302(a)(5))) that is not a metropolitan city. portional equivalent of 600 hours to the extent
reau of the Census or, if not available, from ‘‘(4) SECRETARY.—The term ‘Secretary’ means amounts in the Fund remain available for reim-
such other data as a State determines appro- the Secretary of the Treasury. bursement;
priate. ‘‘(5) STATE.—The term ‘State’ means each of (B) shall be paid at the same hourly rate as
‘‘(7) TIMING.—To the extent practicable— the 50 States, the District of Columbia, the Com- other leave payments; and
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‘‘(A) with respect to each metropolitan city al- monwealth of Puerto Rico, the United States (C) may not be provided to an employee if the
located a payment under paragraph (1) and Virgin Islands, Guam, the Commonwealth of the leave would result in payments greater than
each county allocated a payment under para- Northern Mariana Islands, and American $2,800 in aggregate for any biweekly pay period
graph (3), the Secretary shall make the payment Samoa. for a full-time employee, or a proportionally
required for the metropolitan city or county (as ‘‘(6) UNIT OF GENERAL LOCAL GOVERNMENT.— equivalent biweekly limit for a part-time em-
applicable) not later than 60 days after the date The term ‘unit of general local government’ has ployee.
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H804 CONGRESSIONAL RECORD — HOUSE February 26, 2021
(3) RELATIONSHIP TO OTHER LEAVE.—Paid issued by the Administrator) other than a busi- code, per physical location of the business con-
leave under this section— ness concern described in paragraph (a) or (k) cern or organization; and
(A) is in addition to any other leave provided of such section.’’; and ‘‘(bb) the business concern or organization
to an employee; and (B) in subparagraph (D)— makes a good faith certification that proceeds of
(B) may not be used by an employee concur- (i) in clause (iii), by adding at the end the fol- the loan will be used to support expenses at the
rently with any other paid leave. lowing: component of the business concern or organiza-
(4) CALCULATION OF RETIREMENT BENEFIT.— ‘‘(III) ELIGIBILITY OF CERTAIN ORGANIZA- tion that supports local or regional news.’’;
Any paid leave provided to an employee under TIONS.—Subject to the provisions in this sub- (B) in clause (iv), by adding at the end the
this section shall reduce the total service used to paragraph, during the covered period— following:
calculate any Federal civilian retirement ben- ‘‘(aa) a nonprofit organization shall be eligi- ‘‘(VI) any business concern or other organiza-
efit. ble to receive a covered loan if the nonprofit or- tion that was not eligible to receive a covered
(d) EMPLOYEE DEFINED.—In this section, the ganization employs not more than 500 employees loan the day before the date of enactment of
term ‘‘employee’’ means— per physical location of the organization; and this subclause, is assigned a North American In-
(1) an individual in the executive branch for ‘‘(bb) an additional covered nonprofit entity dustry Classification System code of 519130, cer-
whom annual and sick leave is provided under and an organization that, but for subclauses tifies in good faith as an Internet-only news
subchapter I of chapter 63 of title 5, United (I)(dd) and (II)(dd) of clause (vii), would be eli- publisher or Internet-only periodical publisher,
States Code; gible for a covered loan under clause (vii) shall and is engaged in the collection and distribution
(2) an individual employed by the United be eligible to receive a covered loan if the entity of local or regional and national news and in-
States Postal Service; or organization employs not more than 300 em- formation, if the business concern or organiza-
(3) an individual employed by the Postal Reg- ployees per physical location of the entity or or- tion—
ulatory Commission; and ganization.’’; ‘‘(aa) employs not more than 500 employees, or
(4) an employee of the Public Defender Service (ii) in clause (iv)— the size standard established by the Adminis-
for the District of Columbia and the District of (I) in subclause (III), by striking ‘‘and’’ at the trator for that North American Industry Classi-
Columbia Courts. end; fication code, per physical location of the busi-
SEC. 5112. FUNDING FOR THE GOVERNMENT AC- (II) in subclause (IV)— ness concern or organization; and
COUNTABILITY OFFICE. (aa) by striking ‘‘(aa)’’; ‘‘(bb) is majority owned or controlled by a
In addition to amounts otherwise available, (bb) by striking ‘‘; or’’ and inserting a semi- business concern or organization that is as-
there is appropriated for fiscal year 2021, out of colon; and signed a North American Industry Classification
any money in the Treasury not otherwise appro- (cc) by striking item (bb); and System code of 519130.’’;
priated, $77,000,000, to remain available until (III) by adding at the end the following: (C) in clause (v), by striking ‘‘clause (iii)(II),
September 30, 2025, for necessary expenses of the ‘‘(V) any nonprofit organization, additional (iv)(IV), or (vii)’’ and inserting ‘‘subclause (II),
Government Accountability Office to prevent, covered nonprofit entity, or any organization (III), or (IV) of clause (iii), subclause (IV) or
prepare for, and respond to Coronavirus and to made eligible for a loan under clause (vii); (VI) of clause (iv), clause (vi), or clause (vii)’’;
support oversight of the Coronavirus response and’’; and and
and of funds provided in this Act or any other (iii) by striking clause (vi) and inserting the (D) in clause (viii)(II)—
Act pertaining to the Coronavirus pandemic. following: (i) by striking ‘‘business concern made eligible
‘‘(vi) ELIGIBILITY OF ADDITIONAL COVERED by clause (iii)(II) or clause (iv)(IV) of this sub-
SEC. 5113. PANDEMIC RESPONSE ACCOUNT-
ABILITY COMMITTEE FUNDING NONPROFIT ENTITIES.—An additional covered paragraph’’ and inserting ‘‘business concern
AVAILABILITY. nonprofit entity shall be eligible to receive a made eligible by subclause (II) or (IV) of clause
In addition to amounts otherwise available, covered loan if— (iii) or subclause (IV) or (VI) of clause (iv) of
there is appropriated for fiscal year 2021, out of ‘‘(I) the additional covered nonprofit entity this subparagraph’’; and
any money in the Treasury not otherwise appro- does not receive more than 15 percent of its re- (ii) by inserting ‘‘or organization’’ after ‘‘busi-
priated, $40,000,000, to remain available until ceipts from lobbying activities; ness concern’’ each place it appears.
September 30, 2025, for the Pandemic Response ‘‘(II) the lobbying activities of the additional (2) ELIGIBILITY FOR SECOND DRAW LOANS.—
Accountability Committee to promote trans- covered nonprofit entity do not comprise more Section 7(a)(37)(A)(iv)(II) of the Small Business
parency and support oversight of the than 15 percent of the total activities of the or- Act, as amended by the Economic Aid to Hard-
Coronavirus response and of funds provided in ganization; Hit Small Businesses, Nonprofits, and Venues
this Act or any other Act pertaining to the ‘‘(III) the cost of the lobbying activities of the Act (title III of division N of Public Law 116–
Coronavirus pandemic. additional covered nonprofit entity did not ex- 260), is amended by striking ‘‘clause (iii)(II),
ceed $1,000,000 during the most recent tax year (iv)(IV), or (vii)’’ and inserting ‘‘subclause (II)
SEC. 5114. FUNDING FOR THE WHITE HOUSE.
of the additional covered nonprofit entity that or (III) of clause (iii), subclause (IV) or (V) of
In addition to amounts otherwise available, ended prior to February 15, 2020; and
there is appropriated for fiscal year 2021, out of clause (iv), clause (vi), or clause (vii)’’.
‘‘(IV) the additional covered nonprofit entity (c) COORDINATION WITH CONTINUATION COV-
any money in the Treasury not otherwise appro- employs not more than 300 employees.’’. ERAGE PREMIUM ASSISTANCE.—
priated, $12,800,000, to remain available until (2) ELIGIBILITY FOR SECOND DRAW LOANS.— (1) PAYCHECK PROTECTION PROGRAM.—Section
September 30, 2021, for necessary expenses for Paragraph (37)(A)(i) of section 7(a) of the Small 7A(a)(12) of the Small Business Act (as redesig-
the White House, to prevent, prepare for, and Business Act (15 U.S.C. 636(a)), as added by the nated, transferred, and amended by section
respond to coronavirus. Economic Aid to Hard-Hit Small Businesses, 304(b) of the Economic Aid to Hard-Hit Small
TITLE VI—COMMITTEE ON SMALL Nonprofits, and Venues Act (title III of division Businesses, Nonprofits, and Venues Act (Public
BUSINESS N of Public Law 116–260), is amended by insert- Law 116–260)) is amended—
SEC. 6001. MODIFICATIONS TO PAYCHECK PRO- ing ‘‘ ‘additional covered nonprofit entity’,’’ (A) by striking ‘‘CARES Act or’’ and inserting
TECTION PROGRAM. after ‘‘the terms’’. ‘‘CARES Act,’’; and
(a) ELIGIBILITY OF CERTAIN NONPROFIT ENTI- (b) ELIGIBILITY OF INTERNET PUBLISHING OR- (B) by inserting before the period at the end
TIES FOR COVERED LOANS UNDER THE PAYCHECK GANIZATIONS FOR COVERED LOANS UNDER THE the following: ‘‘, or premiums taken into ac-
PROTECTION PROGRAM.— PAYCHECK PROTECTION PROGRAM.— count in determining the credit allowed under
(1) IN GENERAL.—Section 7(a)(36) of the Small (1) IN GENERAL.—Section 7(a)(36)(D) of the section 6432 of the Internal Revenue Code of
Business Act (15 U.S.C. 636(a)(36)), as amended Small Business Act (15 U.S.C. 636(a)(36)(D)), as 1986’’.
by the Economic Aid to Hard-Hit Small Busi- amended by subsection (a), is further amended— (2) PAYCHECK PROTECTION PROGRAM SECOND
nesses, Nonprofits, and Venues Act (title III of (A) in clause (iii), by adding at the end the DRAW.—Section 7(a)(37)(J)(iii)(I) of the Small
division N of Public Law 116–260), is amended— following: Business Act, as amended by the Economic Aid
(A) in subparagraph (A)— ‘‘(IV) ELIGIBILITY OF INTERNET PUBLISHING to Hard-Hit Small Businesses, Nonprofits, and
(i) in clause (xv), by striking ‘‘and’’ at the ORGANIZATIONS.—A business concern or other Venues Act (title III of division N of Public Law
end; organization that was not eligible to receive a 116–260), is amended—
(ii) in clause (xvi), by striking the period at covered loan the day before the date of enact- (A) by striking ‘‘or’’ at the end of item (aa);
the end and inserting ‘‘; and’’; and ment of this subclause, is assigned a North (B) by striking the period at the end of item
(iii) by adding at the end the following: American Industry Classification System code of (bb) and inserting ‘‘; or’’; and
‘‘(xvii) the term ‘additional covered nonprofit 519130, certifies in good faith as an Internet- (C) by adding at the end the following new
entity’— only news publisher or Internet-only periodical item:
‘‘(I) means an organization described in any publisher, and is engaged in the collection and ‘‘(cc) premiums taken into account in deter-
paragraph of section 501(c) of the Internal Rev- distribution of local or regional and national mining the credit allowed under section 6432 of
enue Code of 1986, other than paragraph (3), news and information shall be eligible to receive the Internal Revenue Code of 1986.’’.
(4), (6), or (19), and exempt from tax under sec- a covered loan for the continued provision of (3) APPLICABILITY.—The amendments made by
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tion 501(a) of such Code; and news, information, content, or emergency infor- this subsection shall apply only with respect to
‘‘(II) does not include any entity that, if the mation if— applications for forgiveness of covered loans
entity were a business concern, would be de- ‘‘(aa) the business concern or organization made under paragraphs (36) or (37) of section
scribed in section 120.110 of title 13, Code of Fed- employs not more than 500 employees, or the size 7(a) of the Small Business Act, as amended by
eral Regulations (or in any successor regulation standard established by the Administrator for the Economic Aid to Hard-Hit Small Businesses,
or other related guidance or rule that may be that North American Industry Classification Nonprofits, and Venues Act (title III of division
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H805
N of Public Law 116–260), that are received on mental payments to substantially impacted (II) the product obtained by multiplying the
or after the date of the enactment of this Act. small businesses, supplemental payments de- average monthly gross receipts of the eligible en-
(d) COMMITMENT AUTHORITY AND APPROPRIA- scribed in paragraph (2), and payments de- tity in 2020 by 12; or
TIONS.— scribed in paragraph (1), in the order that the (ii) an amount based on a formula determined
(1) COMMITMENT AUTHORITY.—Section Administrator receives applications for those by the Administrator;
1102(b)(1) of the CARES Act (Public Law 116– payments. (C) if the eligible entity opened during the pe-
136) is amended by striking ‘‘$806,450,000,000’’ (c) APPROPRIATIONS.—In addition to amounts riod beginning on January 1, 2020, and ending
and inserting ‘‘$813,700,000,000’’. otherwise available, there is appropriated to the on the day before the date of enactment of this
(2) DIRECT APPROPRIATIONS.—In addition to Administrator for fiscal year 2021, out of any section—
amounts otherwise available, there is appro- money in the Treasury not otherwise appro- (i) the expenses described in subsection
priated to the Administrator of the Small Busi- priated, $15,000,000,000, to remain available (c)(5)(A) that were incurred by the eligible enti-
ness Administration for fiscal year 2021, out of until expended, for carrying out this section. ty minus any gross receipts received; or
(ii) an amount based on a formula determined
any money in the Treasury not otherwise appro- SEC. 6003. SUPPORT FOR RESTAURANTS. by the Administrator; or
priated, $7,250,000,000, to remain available until (a) DEFINITIONS.—In this section: (D) if the eligible entity has not yet opened as
expended, for carrying out this section. (1) ADMINISTRATOR.—The term ‘‘Adminis- of the date of application for a grant under sub-
SEC. 6002. TARGETED EIDL ADVANCE. trator’’ means the Administrator of the Small section (c), but has incurred expenses described
(a) DEFINITIONS.—In this section— Business Administration. in subsection (c)(5)(A) as of the date of enact-
(1) the term ‘‘Administrator’’ means the Ad- (2) AFFILIATED BUSINESS.—The term ‘‘affili- ment of this section—
ministrator of the Small Business Administra- ated business’’ means a business in which an el- (i) the amount of those expenses; or
tion; igible entity has an equity or right to profit dis- (ii) an amount based on a formula determined
(2) the terms ‘‘covered entity’’ and ‘‘economic tributions of not less than 50 percent, or in by the Administrator.
loss’’ have the meanings given the terms in sec- which an eligible entity has the contractual au- For purposes of this paragraph, the pandemic-
tion 331(a) of the Economic Aid to Hard-Hit thority to control the direction of the business, related revenue losses for an eligible entity shall
Small Businesses, Nonprofits, and Venues Act provided that such affiliation shall be deter- be reduced by any amounts received from a cov-
(title III of division N of Public Law 116–260); mined as of any arrangements or agreements in ered loan made under paragraph (36) or (37) of
(3) the term ‘‘severely impacted small busi- existence as of March 13, 2020. section 7(a) of the Small Business Act (15 U.S.C.
ness’’ means a covered entity that— (3) COVERED PERIOD.—The term ‘‘covered pe- 636(a)) in 2020 or 2021.
(A) has suffered an economic loss of greater riod’’ means the period— (8) PAYROLL COSTS.—The term ‘‘payroll costs’’
than 50 percent; and (A) beginning on February 15, 2020; and has the meaning given the term in section
(B) employs not more than 10 employees; (B) ending on December 31, 2021, or a date to 7(a)(36)(A) of the Small Business Act (15 U.S.C.
(4) the term ‘‘substantially impacted small be determined by the Administrator that is not 636(a)(36)(A)), except that such term shall not
include—
business’’ means a covered entity that— later than 2 years after the date of enactment of
(A) qualified wages (as defined in subsection
(A) employs not more than 10 employees; and this section.
(c)(3) of section 2301 of the CARES Act) taken
(B) is not a severely impacted small business; (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti- into account in determining the credit allowed
and ty’’— under such section 2301; or
(5) the term ‘‘supplemental payment’’ means a (A) means a restaurant, food stand, food (B) premiums taken into account in deter-
payment— truck, food cart, caterer, saloon, inn, tavern, mining the credit allowed under section 6432 of
(A) made by the Administrator under section bar, lounge, brewpub, tasting room, taproom, li- the Internal Revenue Code of 1986.
1110(e) of the CARES Act (15 U.S.C. 9009(e)) to censed facility or premise of a beverage alcohol (9) PUBLICLY-TRADED COMPANY.—The term
a severely impacted small business or a substan- producer where the public may taste, sample, or ‘‘publicly-traded company’’ means an entity
tially impacted small business; purchase products, or other similar place of that is majority owned or controlled by an enti-
(B) in an amount that is $5,000; and business in which the public or patrons assemble ty that is an issuer, the securities of which are
(C) that, with respect to a covered entity, is in for the primary purpose of being served food or listed on a national securities exchange under
addition to any payment made to the covered drink; section 6 of the Securities Exchange Act of 1934
entity under section 1110(e) of the CARES Act (B) includes an entity described in subpara- (15 U.S.C. 78f).
(15 U.S.C. 9009(e)) or section 331 of the Eco- graph (A) that is located in an airport terminal (10) TRIBALLY-OWNED CONCERN.—The term
nomic Aid to Hard-Hit Small Businesses, Non- or that is a Tribally-owned concern; and ‘‘Tribally-owned concern’’ has the meaning
profits, and Venues Act (title III of division N of (C) does not include— given the term in section 124.3 of title 13, Code
Public Law 116–260). (i) an entity described in subparagraph (A) of Federal Regulations, or any successor regula-
(b) PAYMENTS.—The Administrator shall take that— tion.
the following actions: (I) is a State or local government-operated (b) RESTAURANT REVITALIZATION FUND.—
(1) Not later than 14 days after the date of the business; (1) IN GENERAL.—There is established in the
enactment of this subsection, the Administrator (II) as of March 13, 2020, owns or operates (to- Treasury of the United States a fund to be
shall begin processing applications for pay- gether with any affiliated business) more than known as the Restaurant Revitalization Fund.
ments, and may make payments, to covered enti- 20 locations, regardless of whether those loca- (2) APPROPRIATIONS.—
ties that have not received the full amounts to tions do business under the same or multiple (A) IN GENERAL.—In addition to amounts oth-
which the covered entities are entitled under names; or erwise available, there is appropriated to the
section 331 of the Economic Aid to Hard-Hit (III) has a pending application for or has re- Restaurant Revitalization Fund for fiscal year
Small Businesses, Nonprofits, and Venues Act ceived a grant under section 324 of the Economic 2021, out of any money in the Treasury not oth-
(title III of division N of Public Law 116–260). Aid to Hard-Hit Small Businesses, Nonprofits, erwise appropriated, $25,000,000,000, to remain
(2)(A) During the 14-day period beginning on and Venues Act (title III of division N of Public available until expended.
the date that is 28 days after the date of enact- Law 116–260); or (B) DISTRIBUTION.—
(i) IN GENERAL.—Of the amounts made avail-
ment of this subsection, and subject to the avail- (ii) a publicly-traded company.
able under subparagraph (A)—
ability of funds, the Administrator shall— (5) EXCHANGE; ISSUER; SECURITY.—The terms (I) $5,000,000,000 shall be available to eligible
(i) begin processing applications for supple- ‘‘exchange’’, ‘‘issuer’’, and ‘‘security’’ have the entities with gross receipts during 2019 of not
mental payments to severely impacted small meanings given those terms in section 3(a) of the more than $500,000; and
businesses; and Securities Exchange Act of 1934 (15 U.S.C. (II) $20,000,000,000 shall be available to the
(ii) continue to process applications for the 78c(a)). Administrator to award grants under subsection
payments described in paragraph (1). (6) FUND.—The term ‘‘Fund’’ means the Res- (c) in an equitable manner to eligible entities of
(B) During the period described in subpara- taurant Revitalization Fund established under different sizes based on annual gross receipts.
graph (A), the Administrator may make supple- subsection (b). (ii) ADJUSTMENTS.—The Administrator may
mental payments to severely impacted small (7) PANDEMIC-RELATED REVENUE LOSS.—The make adjustments as necessary to the distribu-
businesses, and payments described in para- term ‘‘pandemic-related revenue loss’’ means, tion of funds under clause (i)(II) based on de-
graph (1), in the order that the Administrator with respect to an eligible entity— mand and the relative local costs in the markets
receives applications for those payments. (A) except as provided in subparagraphs (B), in which eligible entities operate.
(3)(A) Beginning on the date that is 42 days (C), and (D), the gross receipts, as established (C) GRANTS AFTER INITIAL PERIOD.—Notwith-
after the date of enactment of this subsection, using such verification documentation as the standing subparagraph (B), on and after the
and subject to the availability of funds, the Ad- Administrator may require, of the eligible entity date that is 60 days after the date of enactment
ministrator shall— during 2020 subtracted from the gross receipts of of this section, or another period of time deter-
(i) begin processing applications for supple- the eligible entity in 2019, if such sum is greater mined by the Administrator, the Administrator
mental payments to substantially impacted than zero; may make grants using amounts appropriated
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small businesses; and (B) if the eligible entity was not in operation under subparagraph (A) to any eligible entity
(ii) continue to process applications for the for the entirety of 2019— regardless of the annual gross receipts of the eli-
supplemental payments described in paragraph (i) the difference between— gible entity.
(2) and payments described in paragraph (1). (I) the product obtained by multiplying the (3) USE OF FUNDS.—The Administrator shall
(B) During the period described in subpara- average monthly gross receipts of the eligible en- use amounts in the Fund to make grants de-
graph (A), the Administrator may make supple- tity in 2019 by 12; and scribed in subsection (c).
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H806 CONGRESSIONAL RECORD — HOUSE February 26, 2021
(c) RESTAURANT REVITALIZATION GRANTS.— (G) Food and beverage expenses that are with- Community Navigator pilot program to make
(1) IN GENERAL.—Except as provided in sub- in the scope of the normal business practice of grants to, or enter into contracts or cooperative
section (b) and paragraph (3), the Administrator the eligible entity before the covered period. agreements with, private nonprofit organiza-
shall award grants to eligible entities in the (H) Covered supplier costs, as defined in sec- tions, resource partners, States, Tribes, and
order in which applications are received by the tion 7A(a) of the Small Business Act (as redesig- units of local government to ensure the delivery
Administrator. nated, transferred, and amended by section of free community navigator services to current
(2) APPLICATION.— 304(b) of the Economic Aid to Hard-Hit Small or prospective owners of eligible businesses in
(A) CERTIFICATION.—An eligible entity apply- Businesses, Nonprofits, and Venues Act (Public order to improve access to assistance programs
ing for a grant under this subsection shall make Law 116–260)). and resources made available because of the
a good faith certification that— (I) Operational expenses. COVID–19 pandemic by Federal, State, Tribal,
(i) the uncertainty of current economic condi- (J) Paid sick leave. and local entities.
tions makes necessary the grant request to sup- (K) Any other expenses that the Administrator (2) APPROPRIATIONS.—In addition to amounts
port the ongoing operations of the eligible enti- determines to be essential to maintaining the eli- otherwise available, there is appropriated to the
ty; and gible entity. Administrator for fiscal year 2021, out of any
(ii) the eligible entity has not applied for or (6) RETURNING FUNDS.—If an eligible entity money in the Treasury not otherwise appro-
received a grant under section 324 of the Eco- that receives a grant under this subsection fails priated, $100,000,000, to remain available until
nomic Aid to Hard-Hit Small Businesses, Non- to use all grant funds or permanently ceases op- September 30, 2022, for carrying out this sub-
profits, and Venues Act (title III of division N of erations on or before the last day of the covered section.
Public Law 116–260). period, the eligible entity shall return to the (c) OUTREACH AND EDUCATION.—
(B) BUSINESS IDENTIFIERS.—In accepting ap- Treasury any funds that the eligible entity did (1) PROMOTION.—The Administrator shall de-
plications for grants under this subsection, the not use for the allowable expenses under para- velop and implement a program to promote com-
Administrator shall prioritize the ability of each graph (5). munity navigator services to current or prospec-
applicant to use their existing business identi- SEC. 6004. COMMUNITY NAVIGATOR PILOT PRO- tive owners of eligible businesses.
fiers over requiring other forms of registration or GRAM. (2) CALL CENTER.—The Administrator shall es-
identification that may not be common to their (a) DEFINITIONS.—In this section: tablish a telephone hotline to offer information
industry and imposing additional burdens on (1) ADMINISTRATION.—The term ‘‘Administra- about Federal programs to assist eligible busi-
applicants. tion’’ means the Small Business Administration. nesses and offer referral services to resource
(3) PRIORITY IN AWARDING GRANTS.— (2) ADMINISTRATOR.—The term ‘‘Adminis- partners, community navigators, potential lend-
(A) IN GENERAL.—During the initial 21-day trator’’ means the Administrator of the Small ers, and other persons that the Administrator
period in which the Administrator awards Business Administration. determines appropriate for current or prospec-
grants under this subsection, the Administrator (3) COMMUNITY NAVIGATOR SERVICES.—The tive owners of eligible businesses.
shall prioritize awarding grants to eligible enti- term ‘‘community navigator services’’ means the (3) OUTREACH.—The Administrator shall—
ties that are small business concerns owned and outreach, education, and technical assistance (A) conduct outreach and education, in the 10
controlled by women (as defined in section 3(n) provided by community navigators that target most commonly spoken languages in the United
of the Small Business Act (15 U.S.C. 632(n))), eligible businesses to increase awareness of, and States, to current or prospective owners of eligi-
small business concerns owned and controlled participation in, programs of the Small Business ble businesses on community navigator services
by veterans (as defined in section 3(q) of such Administration. and other Federal programs to assist eligible
Act (15 U.S.C. 632(q))), or socially and economi- (4) COMMUNITY NAVIGATOR.—The term ‘‘com- businesses;
cally disadvantaged small business concerns (as munity navigator’’ means a community organi- (B) improve the website of the Administration
defined in section 8(a)(4)(A) of the Small Busi- zation, community financial institution as de- to describe such community navigator services
ness Act (15 U.S.C. 637(a)(4)(A))). The Adminis- fined in section 7(a)(36)(A) of the Small Busi- and other Federal programs; and
trator may take such steps as necessary to en- ness Act (15 U.S.C. 636(a)(36)(A)), or other pri- (C) implement an education campaign by ad-
sure that eligible entities described in this sub- vate nonprofit organization engaged in the de- vertising in media targeted to current or pro-
paragraph have access to grant funding under livery of community navigator services. spective owners of eligible businesses.
this section after the end of such 21-day period. (5) ELIGIBLE BUSINESS.—The term ‘‘eligible (4) APPROPRIATIONS.—In addition to amounts
(B) CERTIFICATION.—For purposes of estab- business’’ means any small business concern, otherwise available, there is appropriated to the
lishing priority under subparagraph (A), an ap- with priority for small business concerns owned Administrator for fiscal year 2021, out of any
plicant shall submit a self-certification of eligi- and controlled by women (as defined in section money in the Treasury not otherwise appro-
bility for priority with the grant application. 3(n) of the Small Business Act (15 U.S.C.
(4) GRANT AMOUNT.— priated, $75,000,000, to remain available until
632(n))), small business concerns owned and September 30, 2022, for carrying out this sub-
(A) AGGREGATE MAXIMUM AMOUNT.—The ag-
controlled by veterans (as defined in section 3(q) section.
gregate amount of grants made to an eligible en-
of such Act (15 U.S.C. 632(q))), and socially and (d) SUNSET.—The authority of the Adminis-
tity and any affiliated businesses of the eligible
economically disadvantaged small business con- trator to make grants under this section shall
entity under this subsection—
cerns (as defined in section 8(a)(4)(A) of the terminate on December 31, 2025.
(i) shall not exceed $10,000,000; and
(ii) shall be limited to $5,000,000 per physical Small Business Act (15 U.S.C. 637(a)(4)(A))). SEC. 6005. SHUTTERED VENUE OPERATORS.
location of the eligible entity. (6) PRIVATE NONPROFIT ORGANIZATION.—The
In addition to amounts otherwise available,
(B) DETERMINATION OF GRANT AMOUNT.— term ‘‘private nonprofit organization’’ means an
there is appropriated for fiscal year 2021, out of
(i) IN GENERAL.—Except as provided in this entity that is described in section 501(c) of the
any money in the Treasury not otherwise appro-
paragraph, the amount of a grant made to an Internal Revenue Code of 1986 and exempt from
priated, $1,250,000,000, to remain available until
eligible entity under this subsection shall be tax under section 501(a) of such Code.
expended, to carry out section 324 of the Eco-
equal to the pandemic-related revenue loss of (7) RESOURCE PARTNER.—The term ‘‘resource
nomic Aid to Hard-Hit Small Businesses, Non-
the eligible entity. partner’’ means—
profits, and Venues Act (title III of division N of
(ii) RETURN TO TREASURY.—Any amount of a (A) a small business development center (as
Public Law 116–260), of which $500,000 shall be
grant made under this subsection to an eligible defined in section 3 of the Small Business Act
used to provide technical assistance to help ap-
entity based on estimated receipts that is greater (15 U.S.C. 632));
(B) a women’s business center (as described in plicants access the System for Award Manage-
than the actual gross receipts of the eligible en- ment (or any successor thereto) or to assist ap-
tity in 2020 shall be returned to the Treasury. section 29 of the Small Business Act (15 U.S.C.
656)); and plicants with an alternative grant application
(5) USE OF FUNDS.—During the covered period, system, which the Administrator of the Small
an eligible entity that receives a grant under (C) a chapter of the Service Corps of Retired
Executives (as defined in section 8(b)(1)(B) of Business Administration may develop for use for
this subsection may use the grant funds for the grant programs of the Small Business Adminis-
following expenses incurred as a direct result of, the Act (15 U.S.C. 637(b)(1)(B))).
(8) SMALL BUSINESS CONCERN.—The term tration.
or during, the COVID–19 pandemic: SEC. 6006. DIRECT APPROPRIATIONS.
(A) Payroll costs. ‘‘small business concern’’ has the meaning given
(B) Payments of principal or interest on any under section 3 of the Small Business Act (15 (a) IN GENERAL.—In addition to amounts oth-
mortgage obligation (which shall not include U.S.C. 632). erwise available, there is appropriated to the
any prepayment of principal on a mortgage obli- (9) STATE.—The term ‘‘State’’ means a State of Administrator for fiscal year 2021, out of any
gation). the United States, the District of Columbia, the money in the Treasury not otherwise appro-
(C) Rent payments, including rent under a Commonwealth of Puerto Rico, the Virgin Is- priated, to remain available until expended—
lease agreement (which shall not include any lands, American Samoa, the Commonwealth of (1) $840,000,000 for administrative expenses,
prepayment of rent). the Northern Mariana Islands, and Guam, or an including to prevent, prepare for, and respond
(D) Utilities. agency, instrumentality, or fiscal agent thereof. to the COVID–19 pandemic, domestically or
(E) Maintenance expenses, including— (10) UNIT OF GENERAL LOCAL GOVERNMENT.— internationally, including administrative ex-
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(i) construction to accommodate outdoor seat- The term ‘‘unit of general local government’’ penses related to paragraphs (36) and (37) of
ing; and means a county, city, town, village, or other section 7(a) of the Small Business Act, section
(ii) walls, floors, deck surfaces, furniture, fix- general purpose political subdivision of a State. 324 of the Economic Aid to Hard-Hit Small Busi-
tures, and equipment. (b) COMMUNITY NAVIGATOR PILOT PROGRAM.— nesses, Nonprofits, and Venues Act (title III of
(F) Supplies, including protective equipment (1) IN GENERAL.—The Administrator of the division N of Public Law 116–260), section 6002
and cleaning materials. Small Business Administration shall establish a of this title, and section 6003 of this title; and
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H807
(2) $460,000,000 to carry out the disaster loan SEC. 7004. GREAT LAKES ST. LAWRENCE SEAWAY revenue and other revenue allocated to all cov-
program authorized by section 7(b) of the Small DEVELOPMENT CORPORATION OP- ered State-supported routes in fiscal year 2019.
ERATIONS AND MAINTENANCE. (3) COVERED STATE-SUPPORTED ROUTE DE-
Business Act (15 U.S.C. 636(b)), of which
$70,000,000 shall be for the cost of direct loans In addition to amounts otherwise available, FINED.—In this subsection, the term ‘‘covered
authorized by such section and $390,000,000 there is appropriated for fiscal year 2021, out of State-supported route’’ means a State-supported
shall be for administrative expenses to carry out amounts not otherwise appropriated from the route, as such term is defined in section 24102 of
such program. Harbor Maintenance Trust Fund pursuant to title 49, United States Code, but does not include
section 210 of the Water Resources Development a State-supported route for which service was
(b) INSPECTOR GENERAL.—In addition to
Act of 1986 (33 U.S.C. 2238), $1,500,000, to remain terminated on or before February 1, 2020.
amounts otherwise available, there is appro-
available until expended, to prevent, prepare (f) USE OF FUNDS FOR DEBT REPAYMENT OR
priated to the Inspector General of the Small
for, and respond to coronavirus by conducting PREPAYMENT.—Not more than $100,885,000 of the
Business Administration for fiscal year 2021, out
the operations, maintenance, and capital infra- aggregate amounts made available under sub-
of any money in the Treasury not otherwise ap-
structure activities of the Seaway International sections (a) and (b) shall be—
propriated, $25,000,000, to remain available until
Bridge. (1) for the repayment or prepayment of debt
expended, for necessary expenses of the Office
SEC. 7005. GRANTS TO THE NATIONAL RAILROAD incurred by the National Railroad Passenger
of Inspector General.
PASSENGER CORPORATION. Corporation under financing arrangements en-
TITLE VII—COMMITTEE ON (a) NORTHEAST CORRIDOR APPROPRIATION.— tered into prior to the date of enactment of this
TRANSPORTATION AND INFRASTRUCTURE In addition to amounts otherwise available, Act; and
Subtitle A—Transportation and there is appropriated for fiscal year 2021, out of (2) to pay required reserves, costs, and fees re-
Infrastructure any money in the Treasury not otherwise appro- lated to such debt, including for loans from the
priated, $820,388,160, to remain available until Department of Transportation and loans that
SEC. 7001. FEDERAL EMERGENCY MANAGEMENT September 30, 2024, for grants as authorized would otherwise have been paid from National
AGENCY APPROPRIATION.
under section 11101(a) of the FAST Act (Public Railroad Passenger Corporation revenues.
In addition to amounts otherwise available, Law 114–94) to prevent, prepare for, and re- (g) PROJECT MANAGEMENT OVERSIGHT.—Not
there is appropriated to the Federal Emergency spond to coronavirus. more than $2,000,000 of the aggregate amounts
Management Agency for fiscal year 2021, out of (b) NATIONAL NETWORK APPROPRIATION.—In made available under subsections (a) and (b)
any money in the Treasury not otherwise appro- addition to amounts otherwise available, there shall be for activities authorized under section
priated, $50,000,000,000, to remain available is appropriated for fiscal year 2021, out of any 11101(c) of the FAST Act (Public Law 114–94).
until September 30, 2025, to carry out the pur- money in the Treasury not otherwise appro- SEC. 7006. FEDERAL TRANSIT ADMINISTRATION
poses of the Disaster Relief Fund for costs asso- priated, $679,611,840, to remain available until GRANTS.
ciated with major disaster declarations. September 30, 2024, for grants as authorized (a) FEDERAL TRANSIT ADMINISTRATION APPRO-
SEC. 7002. FUNERAL ASSISTANCE. under section 11101(b) of the FAST Act (Public PRIATION.—
(a) IN GENERAL.—For the emergency declara- Law 114–94) to prevent, prepare for, and re- (1) IN GENERAL.—In addition to amounts oth-
tion issued by the President on March 13, 2020, spond to coronavirus. erwise made available, there are appropriated
(c) LONG-DISTANCE SERVICE RESTORATION AND for fiscal year 2021, out of any funds in the
pursuant to section 501(b) of the Robert T. Staf-
EMPLOYEE RECALLS.—Not less than $165,926,000 Treasury not otherwise appropriated,
ford Disaster Relief and Emergency Assistance
of the aggregate amounts made available under $30,461,355,534, to remain available until Sep-
Act (42 U.S.C. 5191(b)), and for any subsequent
subsections (a) and (b) shall be for use by the tember 30, 2024, that shall—
major disaster declaration that supersedes such
National Railroad Passenger Corporation to— (A) be for grants to eligible recipients under
emergency declaration, the President shall pro-
(1) restore, not later than 90 days after the sections 5307, 5309, 5310, and 5311 of title 49,
vide financial assistance to an individual or
date of enactment of this Act, the frequency of United States Code, to prevent, prepare for, and
household to meet disaster-related funeral ex-
rail service on long-distance routes (as defined respond to coronavirus; and
penses under section 408(e)(1) of the Robert T.
in section 24102 of title 49, United States Code) (B) not be subject to any prior restriction on
Stafford Disaster Relief and Emergency Assist-
that the National Railroad Passenger Corpora- the total amount of funds available for imple-
ance Act (42 U.S.C. 5174(e)(1)), for which the
tion reduced the frequency of on or after July 1, mentation or execution of programs authorized
Federal cost share shall be 100 percent.
2020, and continue to operate such service at under sections 5307, 5310, or 5311 of such title.
(b) USE OF FUNDS.—Funds appropriated such frequency; and (2) AVAILABILITY OF FUNDS FOR OPERATING
under section 7001 may be used to carry out sub- (2) recall and manage employees furloughed EXPENSES.—
section (a) of this section. on or after October 1, 2020, as a result of efforts (A) IN GENERAL.—Notwithstanding subsection
SEC. 7003. ECONOMIC ADJUSTMENT ASSISTANCE. to prevent, prepare for, and respond to (a)(1) or (b) of section 5307 and section
(a) ECONOMIC DEVELOPMENT ADMINISTRATION coronavirus. 5310(b)(2)(A) of title 49, United States Code,
APPROPRIATION.—In addition to amounts other- (d) USE OF FUNDS IN LIEU OF CAPITAL PAY- funds provided under this section, other than
wise available, there is appropriated for fiscal MENTS.—Not less than $109,805,000 of the aggre- subsection (b)(4), shall be available for the oper-
year 2021, out of any money in the Treasury not gate amounts made available under subsections ating expenses of transit agencies to prevent,
otherwise appropriated, $3,000,000,000, to remain (a) and (b)— prepare for, and respond to the coronavirus
available until September 30, 2022, to the De- (1) shall be for use by the National Railroad public health emergency, including, beginning
partment of Commerce for economic adjustment Passenger Corporation in lieu of capital pay- on January 20, 2020—
assistance as authorized by sections 209 and 703 ments from States and commuter rail passenger (i) reimbursement for payroll of public trans-
of the Public Works and Economic Development transportation providers that are subject to the portation (including payroll and expenses of
Act of 1965 (42 U.S.C. 3149 and 3233) to prevent, cost allocation policy under section 24905(c) of private providers of public transportation);
prepare for, and respond to coronavirus and for title 49, United States Code; and (ii) operating costs to maintain service due to
necessary expenses for responding to economic (2) notwithstanding sections 24319(g) and lost revenue due as a result of the coronavirus
injury as a result of coronavirus. 24905(c)(1)(A)(i) of title 49, United States Code, public health emergency, including the purchase
such amounts do not constitute cross-subsidiza- of personal protective equipment; and
(b) Of the funds provided by this section, up
tion of commuter rail passenger transportation. (iii) paying the administrative leave of oper-
to 2 percent shall be used for Federal costs to
(e) USE OF FUNDS FOR STATE PAYMENTS FOR ations or contractor personnel due to reductions
administer such assistance utilizing temporary
STATE-SUPPORTED ROUTES.— in service.
Federal personnel as may be necessary con- (1) IN GENERAL.—Of the amounts made avail- (B) USE OF FUNDS.—Funds described in sub-
sistent with the requirements applicable to such able under subsection (b), $174,850,000 shall be paragraph (A) shall be—
administrative funding in fiscal year 2020 to for use by the National Railroad Passenger Cor- (i) available for immediate obligation, not-
prevent, prepare for, and respond to coronavirus poration to offset amounts required to be paid withstanding the requirement for such expenses
and which shall remain available until Sep- by States for covered State-supported routes. to be included in a transportation improvement
tember 30, 2027. (2) FUNDING SHARE.—The share of funding program, long-range transportation plan, state-
(c) Of the funds provided by this section, 15 provided under paragraph (1) with respect to a wide transportation plan, or statewide transpor-
percent shall be for assistance to communities covered State-supported route shall be distrib- tation improvement program under sections 5303
that have suffered economic injury as a result of uted as follows: and 5304 of title 49, United States Code;
job losses in the travel, tourism, or outdoor (A) Each covered State-supported route shall (ii) directed to payroll and operations of pub-
recreation sectors. receive 7 percent of the costs allocated to the lic transportation (including payroll and ex-
(d) The total amount provided by this section route in fiscal year 2019 under the cost alloca- penses of private providers of public transpor-
shall be allocated to eligible recipients in the tion methodology adopted pursuant to section tation), unless the recipient certifies to the Ad-
States and Territories according to the total 209 of the Passenger Rail Investment and Im- ministrator of the Federal Transit Administra-
level of economic injury of such States and Ter- provement Act of 2008 (Public Law 110–432). tion that the recipient has not furloughed any
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ritories as a result of coronavirus beginning on (B) Any remaining amounts after the distribu- employees;
March 1, 2020, as measured by the change in tion described in subparagraph (A) shall be ap- (iii) used to provide a Federal share of the
economic activity, demonstrated by current Fed- portioned to each covered State-supported route costs for any grant made under this section of
eral economic data sources such as unemploy- in proportion to the passenger revenue of such 100 percent.
ment claims and gross domestic product, before route and other revenue allocated to such route (b) ALLOCATION OF FUNDS.—
and after such date. in fiscal year 2019 divided by the total passenger (1) URBANIZED AREA FORMULA GRANTS.—
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H808 CONGRESSIONAL RECORD — HOUSE February 26, 2021
(A) IN GENERAL.—Of the amounts made avail- (A) IN GENERAL.—Of the amounts made avail- (i) increase ridership and reduce travel times,
able under subsection (a), $26,086,580,227 shall able under subsection (a)— while maintaining or expanding the total level
be for grants to recipients and subrecipients (i) $1,425,000,000 shall be for grants adminis- of vehicle revenue miles of service provided in
under section 5307 of title 49, United States tered under subsections (d) and (e) of section the planning period; or
Code, and shall be administered as if such funds 5309 of title 49, United States Code, and section (ii) make service adjustments to increase the
were provided under section 5307 of such title. 3005(b) of the FAST Act (Public Law 114–94); quality or frequency of service provided to low-
(B) ALLOCATION.—Amounts made available and income riders and disadvantaged neighborhoods
under subparagraph (A) shall be apportioned to (ii) $250,000,000 shall be for grants adminis- or communities.
urbanized areas based on data contained in the tered under subsection (h) of section 5309 of title (C) LIMITATION.—Amounts made available
National Transit Database such that— 49, United States Code. under subparagraph (A) shall not be used for
(i) each urbanized area shall receive an ap- (B) FUNDING DISTRIBUTION.— route planning related to transitioning public
portionment of an amount that, when combined (i) IN GENERAL.—Of the amounts made avail- transportation service provided as of the date of
with amounts that were otherwise made avail- able in subparagraph (A)(i), $1,250,000,000 shall receipt of funds to a transportation network
able to such urbanized area for similar activities be provided to each recipient for all projects company or other third-party contract provider,
to prevent, prepare for, and respond to with existing full funding grant agreements that unless the existing provider of public transpor-
received allocations for fiscal year 2019 or 2020 tation service is a third-party contract provider.
coronavirus, is equal to 132 percent of the ur-
and all projects under section 3005(b) of Public (7) RECIPIENTS AND SUBRECIPIENTS REQUIRING
banized area’s 2018 operating costs; and
(ii) for funds remaining after the apportion- Law 114–94 that received allocations for fiscal ADDITIONAL ASSISTANCE.—
ment described in clause (i), such funds shall be year 2019 or 2020, except that recipients with (A) IN GENERAL.—Of the amounts made avail-
projects open for revenue service are not eligible able under subsection (a), $2,207,561,294 shall be
apportioned such that—
(I) each urbanized area that did not receive to receive a grant under this subparagraph. for grants to eligible recipients or subrecipients
an apportionment under clause (i) shall receive Funds shall be provided proportionally based on of funds under sections 5307 or 5311 of title 49,
an apportionment equal to 25 percent of the ur- the non-capital investment grant or non-expe- United States Code, that, as a result of COVID–
dited project delivery share of the amount allo- 19, require additional assistance for costs related
banized area’s 2018 operating costs; and
(II) each urbanized area under clause (i), cated. to operations, personnel, cleaning, and sanitiza-
(ii) ALLOCATION.—Of the amounts made avail- tion combating the spread of pathogens on tran-
when the amounts that were otherwise made
able in subparagraph (A)(i), $175,000,000 shall sit systems, and debt service payments incurred
available, prior to clause (i) to that urbanized
be provided to each recipient for all projects to maintain operations and avoid layoffs and
area for similar activities to prevent, prepare
with existing full funding grant agreements that furloughs.
for, and respond to coronavirus are equal to or
received an allocation only prior to fiscal year (B) ADMINISTRATION.—Funds made available
greater than 130 percent of the urbanized area’s 2019, except that projects open for revenue serv-
2018 operating costs but do not exceed 132 per- under subparagraph (A) shall, after allocation,
ice are not eligible to receive a grant under this be administered as if provided under paragraph
cent of such costs, such urbanized area shall re- subparagraph and no project may receive more
ceive an apportionment equal to 10 percent of (1) or (3), as applicable.
than 40 percent of the amounts provided under (C) APPLICATION REQUIREMENTS.—
the urbanized area’s 2018 operating costs, in ad- this clause. The Administrator of the Federal (i) IN GENERAL.—The Administrator of the
dition to amounts apportioned to the urbanized Transit Administration shall proportionally dis- Federal Transit Administration may not allocate
area under clause (i). tribute funds in excess of such percent to recipi-
(2) FORMULA GRANTS FOR THE ENHANCED MO- funds to an eligible recipient or subrecipient of
ents for which the percent of funds does not ex- funds under chapter 53 of title 49, United States
BILITY OF SENIORS AND INDIVIDUALS WITH DIS-
ceed 40 percent. Funds shall be provided propor- Code, unless the recipient provides to the Ad-
ABILITIES.—
tionally based on the non-capital investment ministrator—
(A) IN GENERAL.—Of the amounts made avail-
grant share of the amount allocated. (I) estimates of financial need;
able under subsection (a), $50,000,000 shall be (iii) ELIGIBLE RECIPIENTS.—For amounts made (II) data on reductions in farebox or other
for grants to recipients or subrecipients eligible available in subparagraph (A)(ii), eligible recipi- sources of local revenue for sustained oper-
under section 5310 of title 49, United States ents shall be any recipient of an allocation ations;
Code, and shall be apportioned in accordance under subsection (h) of section 5309 of title 49, (III) a spending plan for such funds; and
with such section. United States Code, or an applicant in the (IV) demonstration of expenditure of greater
(B) ALLOCATION RATIO.—Amounts made avail- than 90 percent of funds available to the appli-
project development phase described in para-
able under subparagraph (A) shall be allocated cant from funds made available for similar ac-
graph (2) of such subsection.
in the same ratio as funds were provided under (iv) AMOUNT.—Amounts distributed under tivities in fiscal year 2020.
section 5310 of title 49, United States Code, for clauses (i), (ii), and (iii) of subparagraph (A) (ii) DEADLINES.—The Administrator of the
fiscal year 2020. shall be provided notwithstanding the limitation Federal Transit Administration shall—
(3) FORMULA GRANTS FOR RURAL AREAS.— of any calculation of the maximum amount of (I) not later than 180 days after the date of
(A) IN GENERAL.—Of the amounts made avail- enactment of this Act, issue a Notice of Funding
Federal financial assistance for the project
able under subsection (a), $317,214,013 shall be Opportunity for assistance under this para-
under subsection (k)(2)(C)(ii) or (h)(7) of section
for grants to recipients or subrecipients eligible graph; and
5309 of title 49, United States Code, or section
under section 5311 of title 49, United States (II) not later than 120 days after the applica-
3005(b)(9) of the FAST Act (Public Law 114–94).
Code, and shall be administered as if the funds (5) SECTION 5311(F) SERVICES.— tion deadline established in the Notice of Fund-
were provided under section 5311 of such title, (A) IN GENERAL.—Of the amounts made avail- ing Opportunity under subclause (I), make
and shall be apportioned in accordance with able under subsection (a) and in addition to the awards under this paragraph to selected appli-
such section, except as described in paragraph amounts made available under paragraph (3), cants.
(B). $100,000,000 shall be available for grants to re- (iii) EVALUATION.—
(B) ALLOCATION RATIO.—Amounts made avail- cipients for bus operators that partner with re- (I) IN GENERAL.—Applications for assistance
able under subparagraph (A) to States, as de- cipients or subrecipients of funds under section under this paragraph shall be evaluated by the
fined in section 5302 of title 49, United States 5311(f) of title 49, United States Code. Administrator of the Federal Transit Adminis-
Code, shall be allocated to such States based on (B) ALLOCATION RATIO.—Notwithstanding tration based on the level of financial need dem-
data contained in the National Transit Data- paragraph (3), the Administrator of the Federal onstrated by an eligible recipient or sub-
base, such that— Transit Administration shall allocate amounts recipient, including projections of future finan-
(i) any State that received an amount for simi- under subparagraph (A) in the same ratio as cial need to maintain service as a percentage of
lar activities to prevent, prepare for, and re- funds were provided under section 5311 of title the 2018 operating costs that has not been re-
spond to coronavirus that is equal to or greater 49, United States Code, for fiscal year 2020. placed by the funds made available to the eligi-
than 150 percent of the combined 2018 rural op- (C) EXCEPTION.—If a State or territory does ble recipient or subrecipient under paragraphs
erating costs of the recipients and subrecipients not have bus providers eligible under section (1) through (5) of this subsection when combined
in such State shall receive an amount equal to 5311(f) of title 49, United States Code, funds with the amounts allocated to such eligible re-
5 percent of such State’s 2018 rural operating under this paragraph may be used by such State cipient or subrecipient from funds previously
costs; or territory for any expense eligible under sec- made available for the operating expenses of
(ii) any State that does not receive an alloca- tion 5311 of title 49, United States Code. transit agencies related to the response to the
tion under clause (i) that received an amount (6) PLANNING.— COVID–19 public health emergency.
for similar activities to prevent, prepare for, and (A) IN GENERAL.—Of the amounts made avail- (II) RESTRICTION.—Amounts made available
respond to coronavirus that is equal to or great- able under subsection (a), $25,000,000 shall be under this paragraph shall only be available for
er than 140 percent of the combined 2018 rural for grants to recipients eligible under section operating expenses.
operating costs of the recipients and subrecipi- 5307 of title 49, United States Code, for the plan- (iv) STATE APPLICANTS.—A State may apply
ents in that State shall receive an amount equal ning of public transportation associated with for assistance under this paragraph on behalf of
to 10 percent of such State’s 2018 rural operating the restoration of services as the coronavirus an eligible recipient or subrecipient or a group
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costs; and public health emergency concludes and shall be of eligible recipients or subrecipients.
(iii) any State that does not receive an alloca- available in accordance with such section. (D) UNOBLIGATED FUNDS.—If amounts made
tion under clauses (i) or (ii) shall receive an (B) AVAILABILITY OF FUNDS FOR ROUTE PLAN- available under this paragraph remain unobli-
amount equal to 20 percent of such State’s 2018 NING.—Amounts made available under subpara- gated on September 30, 2023, such amounts shall
rural operating costs. graph (A) shall be available for route planning be available for any purpose eligible under sec-
(4) CAPITAL INVESTMENTS.— designed to— tions 5307 or 5311 of title 49, United States Code.
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H809
SEC. 7007. RELIEF FOR AIRPORTS. (4) AIRPORT CONCESSIONS.— tration an Emergency FAA Employee Leave
(a) IN GENERAL.— (A) IN GENERAL.—Not more than $800,000,000 Fund (in this section referred to as the
(1) IN GENERAL.—In addition to amounts oth- shall be made available for sponsors of primary ‘‘Fund’’), to be administered by the Adminis-
erwise available, there is appropriated for fiscal airports to provide relief from rent and minimum trator of the Federal Aviation Administration,
year 2021, out of any funds in the Treasury not annual guarantees to airport concessions, of for the purposes set forth in subsection (b). In
otherwise appropriated, $8,000,000,000, to remain which at least $640,000,000 shall be available to addition to amounts otherwise available, there
available until September 30, 2024, for assistance provide relief to eligible small airport conces- is appropriated for fiscal year 2021, out of any
to airports under sections 47101 through 47144 of sions and of which at least $160,000,000 shall be money in the Treasury not otherwise appro-
title 49, United States Code, to be made avail- available to provide relief to eligible large air- priated, $9,000,000, which shall be deposited into
able to prevent, prepare for, and respond to port concessions located at primary airports. the Fund and remain available through Sep-
coronavirus. (B) DISTRIBUTION.—The amounts made avail- tember 30, 2022.
(2) REQUIREMENTS AND LIMITATIONS.— able for each set-aside in this paragraph shall (b) PURPOSE.—Amounts in the Fund shall be
Amounts made available under this section— be distributed to the sponsor of each primary
(A) may not be used for any purpose not di- available to the Administrator for the use of
airport (as such term is defined in section 47102 paid leave under this section by any employee of
rectly related to the airport; and of title 49, United States Code) based on each
(B) may not be provided to any airport that the Administration who is unable to work be-
such primary airport’s passenger enplanements
was allocated in excess of 4 years of operating cause the employee—
compared to the total passenger enplanements of
funds to prevent, prepare for, and respond to (1) is subject to a Federal, State, or local quar-
all such primary airports in calendar year 2019.
coronavirus in fiscal year 2020. (C) CONDITIONS.—As a condition of approving antine or isolation order related to COVID–19;
(b) ALLOCATIONS.—The following terms shall a grant under this paragraph— (2) has been advised by a health care provider
apply to the amounts made available under this (i) the sponsor shall provide such relief from to self-quarantine due to concerns related to
section: the date of enactment of this Act until the spon- COVID–19;
(1) OPERATING EXPENSES AND DEBT SERVICE sor has provided relief equaling the total grant (3) is caring for an individual who is subject
PAYMENTS.— amount, to the extent practicable and to the ex- to such an order or has been so advised;
(A) IN GENERAL.—Not more than $6,492,000,000 tent permissible under State laws, local laws, (4) is experiencing symptoms of COVID–19 and
shall be made available for primary airports, as and applicable trust indentures; and seeking a medical diagnosis;
such term is defined in section 47102 of title 49, (ii) for each set-aside, the sponsor shall pro- (5) is caring for a son or daughter of such em-
United States Code, and certain cargo airports, vide relief from rent and minimum annual guar- ployee if the school or place of care of the son
for costs related to operations, personnel, clean- antee obligations to each eligible airport conces- or daughter has been closed, if the school of
ing, sanitization, janitorial services, combating sion in an amount that reflects each eligible air- such son or daughter requires or makes optional
the spread of pathogens at the airport, and debt port concession’s proportional share of the total a virtual learning instruction model or requires
service payments. amount of the rent and minimum annual guar-
(B) DISTRIBUTION.— Amounts made available or makes optional a hybrid of in-person and vir-
antees of those eligible airport concessions at tual learning instruction models, or the child
under this paragraph— such airport.
(i) shall not be subject to the reduced appor- care provider of such son or daughter is un-
(c) ADMINISTRATION.— available, due to COVID–19 precautions;
tionments under section 47114(f) of title 49, (1) ADMINISTRATIVE EXPENSES.—The Adminis-
United States Code; trator of the Federal Aviation Administration (6) is experiencing any other substantially
(ii) shall first be apportioned as set forth in may retain up to 0.1 percent of the funds pro- similar condition;
sections 47114(c)(1)(A), 47114(c)(1)(C)(i), vided under this section to fund the award of, (7) is caring for a family member with a men-
47114(c)(1)(C)(ii), 47114(c)(2)(A), 47114(c)(2)(B), and oversight by the Administrator of, grants tal or physical disability or who is 55 years of
and 47114(c)(2)(E) of title 49, United States made under this section. age or older and incapable of self-care, without
Code; and (2) WORKFORCE RETENTION REQUIREMENTS.— regard to whether another individual other than
(iii) shall not be subject to a maximum appor- (A) REQUIRED RETENTION.—As a condition for the employee is available to care for such family
tionment limit set forth in section 47114(c)(1)(B) receiving funds provided under this section, an member, if the place of care for such family
of title 49, United States Code. airport shall continue to employ, through Sep- member is closed or the direct care provider is
(C) REMAINING AMOUNTS.—Any amount re- tember 30, 2021, at least 90 percent of the number unavailable due to COVID–19; or
maining after distribution under subparagraph of individuals employed (after making adjust- (8) is obtaining immunization related to
(B) shall be distributed to the sponsor of each ments for retirements or voluntary employee sep- COVID–19 or to recover from any injury, dis-
primary airport (as such term is defined in sec- arations) by the airport as of March 27, 2020. ability, illness, or condition related to such im-
tion 47102 of title 49, United States Code) based (B) WAIVER OF RETENTION REQUIREMENT.— munization.
on each such primary airport’s passenger The Secretary shall waive the workforce reten- (c) LIMITATIONS.—
enplanements compared to the total passenger tion requirement if the Secretary determines (1) PERIOD OF AVAILABILITY.—Paid leave
enplanements of all such primary airports in that— under this section may only be provided to and
calendar year 2019. (i) the airport is experiencing economic hard-
(2) FEDERAL SHARE FOR DEVELOPMENT used by an employee of the Administration dur-
ship as a direct result of the requirement; or ing the period beginning on the date of enact-
PROJECTS.— (ii) the requirement reduces aviation safety or
(A) IN GENERAL.—Not more than $608,000,000 ment of this section and ending on September 30,
security.
allocated under subsection (a)(1) shall be avail- (C) EXCEPTION.—The workforce retention re- 2021.
able to pay a Federal share of 100 percent of the quirement shall not apply to nonhub airports or (2) TOTAL HOURS; AMOUNT.—Paid leave under
costs for any grant awarded in fiscal year 2021, nonprimary airports receiving funds under this this section—
or in fiscal year 2020 with less than a 100-per- section. (A) shall be provided to an employee of the
cent Federal share, for an airport development (D) NONCOMPLIANCE.—Any financial assist- Administration in an amount not to exceed 600
project (as such term is defined in section 47102 ance provided under this section to an airport hours of paid leave for each full-time employee,
of title 49). that fails to comply with the workforce reten- and in the case of a part-time employee, em-
(B) REMAINING AMOUNTS.—Any amount re- tion requirement described in subparagraph (A), ployee on an uncommon tour of duty, or em-
maining under this paragraph shall be distrib- and does not otherwise qualify for a waiver or ployee with a seasonal work schedule, in an
uted as described in paragraph (1)(C). exception under this paragraph, shall be subject amount not to exceed the proportional equiva-
(3) NONPRIMARY AIRPORTS.— to clawback by the Secretary. lent of 600 hours to the extent amounts in the
(A) IN GENERAL.—Not more than $100,000,000 (d) DEFINITIONS.—In this section: Fund remain available for reimbursement;
shall be made available for general aviation and (1) ELIGIBLE LARGE AIRPORT CONCESSION.— (B) shall be paid at the same hourly rate as
commercial service airports that are not primary The term ‘‘eligible large airport concession’’ other leave payments; and
airports (as such terms are defined in section means a concession (as defined in section 23.3 of (C) may not be provided to an employee if the
47102 of title 49, United States Code) for costs re- title 49, Code of Federal Regulations), that is in- leave would result in payments greater than
lated to operations, personnel, cleaning, saniti- terminal and has maximum gross receipts, aver- $2,800 in aggregate for any biweekly pay period
zation, janitorial services, combating the spread aged over the previous three fiscal years, of for a full-time employee, or a proportionally
of pathogens at the airport, and debt service more than $56,420,000. equivalent biweekly limit for a part-time em-
payments. (2) ELIGIBLE SMALL AIRPORT CONCESSION.—
(B) DISTRIBUTION.—Amounts made available ployee.
The term ‘‘eligible small airport concession’’
under this paragraph shall be apportioned to (3) RELATIONSHIP TO OTHER LEAVE.—Paid
means a concession (as defined in section 23.3 of
each non-primary airport based on the cat- leave under this section—
title 49, Code of Federal Regulations), that is in-
egories published in the most current National terminal and— (A) is in addition to any other leave provided
Plan of Integrated Airport Systems, reflecting (A) a small business with maximum gross re- to an employee of the Administration; and
the percentage of the aggregate published eligi- ceipts, averaged over the previous 3 fiscal years, (B) may not be used by an employee of the
ble development costs for each such category, of less than $56,420,000; or Administration concurrently with any other
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and then dividing the allocated funds evenly (B) is a joint venture (as defined in section paid leave.
among the eligible airports in each category, 23.3 of title 49, Code of Federal Regulations). (4) CALCULATION OF RETIREMENT BENEFIT.—
rounding up to the nearest thousand dollars. SEC. 7008. EMERGENCY FAA EMPLOYEE LEAVE Any paid leave provided to an employee of the
(C) REMAINING AMOUNTS.—Any amount re- FUND. Administration under this section shall reduce
maining under this paragraph shall be distrib- (a) ESTABLISHMENT; APPROPRIATION.—There the total service used to calculate any Federal
uted as described in paragraph (1)(C). is established in the Federal Aviation Adminis- retirement benefit.
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H810 CONGRESSIONAL RECORD — HOUSE February 26, 2021
Subtitle B—Aviation Manufacturing Jobs (ii) in the case of corporation, firm, or other under this subtitle, the Secretary shall reduce,
Protection business entity not specified under subpara- on a pro rata basis, the financial assistance pro-
SEC. 7101. DEFINITIONS. graph (i), agrees to refrain from conducting in- vided under this subtitle.
In this subtitle: voluntary layoffs or furloughs, or reducing pay (e) AGREEMENT DEADLINE.—No agreement
(1) ELIGIBLE EMPLOYEE GROUP.—The term ‘‘el- rates and benefits, for the eligible employee may be entered into by the Secretary under the
igible employee group’’ means the portion of an group, subject to the employer’s right to dis- payroll support program established under sub-
employer’s United States workforce that— cipline or terminate an employee in accordance section (a) after the last day of the 6 month pe-
(A) does not exceed 25 percent of the employ- with employer policy for the duration of the riod that begins on the effective date of the first
er’s total United States workforce as of April 1, agreement and receipt of public contributions agreement entered into under such program.
2020; and under this subtitle. Subtitle C—Continued Assistance to Rail
(B) contains only employees with a total com- (3) EMPLOYEE.—The term ‘‘employee’’ has the Workers
pensation level of $200,000 or less per year; and meaning given that term in section 3 of the Fair
Labor Standards Act of 1938 (29 U.S.C. 203). SEC. 7201. ADDITIONAL ENHANCED BENEFITS
(C) is engaged in aviation manufacturing ac- UNDER THE RAILROAD UNEMPLOY-
(4) EMPLOYER.—The term ‘‘employer’’ means
tivities and services, or maintenance, repair, MENT INSURANCE ACT.
an aviation manufacturing company that is an
and overhaul activities and services. (a) IN GENERAL.—Section 2(a)(5)(A) of the
employer (as defined in section 3 of the Fair
(2) AVIATION MANUFACTURING COMPANY.—The Railroad Unemployment Insurance Act (45
Labor Standards Act of 1938 (29 U.S.C. 203)).
term ‘‘aviation manufacturing company’’ means (5) PRIVATE CONTRIBUTION.—The term ‘‘pri- U.S.C. 352(a)(5)(A)) is amended—
a corporation, firm, or other business entity— vate contribution’’ means the contribution fund- (1) in the first sentence—
(A) that— ed by the employer under this subtitle to main- (A) by striking ‘‘March 14, 2021’’ and insert-
(i) actively manufactures an aircraft, aircraft ing ‘‘August 29, 2021’’;
tain 50 percent of the eligible employee group’s
engine, propeller, or a component, part, or sys- (B) by striking ‘‘or July 1, 2020’’ and inserting
total compensation level, and combined with the
tems of an aircraft or aircraft engine under a ‘‘July 1, 2020, or July 1, 2021’’; and
public contribution, is sufficient to maintain the
Federal Aviation Administration production ap- (2) by adding at the end the following: ‘‘For
total compensation level for the eligible em-
proval; or registration periods beginning after March 14,
ployee group as of April 1, 2020.
(ii) holds a certificate issued under part 145 of (6) PUBLIC CONTRIBUTION.—The term ‘‘public 2021, but on or before August 29, 2021, the recov-
title 14, Code of Federal Regulations, for main- contribution’’ means the contribution funded by ery benefit payable under this subparagraph
tenance, repair, and overhaul of aircraft, air- the Federal Government under this title to pro- shall be in the amount of $800.’’.
craft engines, components, or propellers. vide 50 percent of the eligible employees group’s (b) CLARIFICATION ON AUTHORITY TO USE
(B) which— total compensation level, and combined with the FUNDS.—Funds appropriated under subpara-
(i) is established, created, or organized in the private contribution, is sufficient to maintain graph (B) of section 2(a)(5) of the Railroad Un-
United States or under the laws of the United the total compensation level for those in the eli- employment Insurance Act (45 U.S.C. 352(a)(5))
States; and gible employee group as of April 1, 2020. shall be available to cover the cost of recovery
(ii) has significant operations in, and a major- (7) SECRETARY.—The term ‘‘Secretary’’ means benefits provided under such section 2(a)(5) by
ity of its employees engaged in aviation manu- the Secretary of Transportation. reason of the amendments made by subsection
facturing activities and services, or mainte- (8) TOTAL COMPENSATION LEVEL.—The term (a) as well as to cover the cost of such benefits
nance, repair, and overhaul activities and serv- ‘‘total compensation level’’ means the level of provided under such section 2(a)(5) as in effect
ices based in the United States; total base compensation and benefits being pro- on the day before the date of enactment of this
(C) which has involuntarily furloughed or vided to an eligible employee group employee, Act.
laid off at least 10 percent of its workforce in excluding overtime and premium pay, and ex- SEC. 7202. EXTENDED UNEMPLOYMENT BENEFITS
2020 as compared to 2019 or has experienced at cluding any Federal, State, or local payroll UNDER THE RAILROAD UNEMPLOY-
least a 15 percent decline in 2020 revenues as taxes paid, as of April 1, 2020. MENT INSURANCE ACT.
compared to 2019; SEC. 7102. PAYROLL SUPPORT PROGRAM. (a) IN GENERAL.—Section 2(c)(2)(D) of the
(D) that, as supported by sworn financial (a) IN GENERAL.—The Secretary shall estab- Railroad Unemployment Insurance Act (45
statements or other appropriate data, has iden- lish a payroll support program and enter into U.S.C. 352(c)(2)(D)) is amended—
tified the eligible employee group and the agreements with employers who meet the eligi-
amount of total compensation level for the eligi- (1) in clause (i)—
bility criteria specified in subsection (b) and are (A) in subclause (I), by striking ‘‘185 days’’
ble employee group; not ineligible under subsection (c), to provide
(E) that agrees to provide private contribu- and inserting ‘‘305 days’’;
public contributions to supplement compensa- (B) in subclause (II),
tions and maintain the total compensation level tion of an eligible employee group. There is ap-
for the eligible employee group for the duration (i) by striking ‘‘19 consecutive 14-day periods’’
propriated for fiscal year 2021, out of amounts and inserting ‘‘31 consecutive 14-day periods’’;
of an agreement under this subtitle; in the Treasury not otherwise appropriated,
(F) that agrees to provide immediate notice and
$3,000,000,000, to remain available until Sep-
and justification to the Secretary of involuntary (ii) by striking ‘‘6 consecutive 14-day periods’’
tember 30, 2023, for the Secretary to carry out
furloughs or layoffs exceeding 10 percent of the and inserting ‘‘18 consecutive 14-day periods’’;
the payroll support program authorized under
workforce that is not included in an eligible em- (2) in clause (ii)—
the preceding sentence for which 1 percent of
ployee group for the duration of an agreement (A) by striking ‘‘120 days of unemployment’’
the funds may be used for implementation costs
and receipt of public contributions under this and inserting ‘‘240 days of unemployment’’;
and administrative expenses.
subtitle; (b) ELIGIBILITY.—The Secretary shall enter (B) by striking ‘‘12 consecutive 14-day peri-
(G) that has not conducted involuntary fur- into an agreement and provide public contribu- ods’’ and inserting ‘‘24 consecutive 14-day peri-
loughs or reduced pay rates or benefits for the tions, for a term no longer than 6 months, solely ods’’; and
eligible employee group, subject to the employ- with an employer that agrees to use the funds (C) by striking ‘‘6 consecutive 14-day periods’’
er’s right to discipline or terminate an employee received under an agreement exclusively for the and inserting ‘‘18 consecutive 14-day periods’’;
in accordance with employer policy, between the continuation of employee wages, salaries, and and
date of application and the date on which such benefits, to maintain the total compensation (3) in clause (iii)—
a corporation, firm, or other business entity en- level for the eligible employee group as of April (A) by striking ‘‘June 30, 2021’’ and inserting
ters into an agreement with the Secretary under 1, 2020 for the duration of the agreement, and to ‘‘June 30, 2022’’; and
this subtitle; and facilitate the retention, rehire, or recall of em- (B) by striking ‘‘the provisions of clauses (i)
(H) that— ployees of the employer, except that such funds and (ii) shall not apply to any employee whose
(i) in the case of a corporation, firm, or other may not be used for back pay of returning re- extended benefit period under subparagraph (B)
business entity including any parent company hired or recalled employees. begins after March 14, 2021, and shall not apply
or subsidiary of such a corporation, firm, or (c) INELIGIBILITY.—The Secretary may not to any employee with respect to any registration
other business entity, that holds any type or enter into any agreement under this section period beginning after April 5, 2021.’’ and insert-
production certificate or similar authorization with an employer who was allowed a credit ing ‘‘the provisions of clauses (i) and (ii) shall
issued under section 44704 of title 49, United under section 2301 of the CARES Act (26 U.S.C. not apply to any employee with respect to any
States Code, with respect to a transport-cat- 3111 note) for the immediately preceding cal- registration period beginning after August 29,
egory airplane covered under part 25 of title 14, endar quarter ending before such agreement is 2021.’’
Code of Federal Regulations, certificated with a entered into, who received financial assistance (b) CLARIFICATION ON AUTHORITY TO USE
passenger seating capacity of 50 or more, agrees under section 4113 of the CARES Act (15 U.S.C. FUNDS.—Funds appropriated under either the
to refrain from conducting involuntary layoffs 9073), or who is currently expending financial first or second sentence of clause (v) of section
or furloughs, or reducing pay rates and benefits, assistance under the paycheck protection pro- 2(c)(2)(D) of the Railroad Unemployment Insur-
for the eligible employee group, subject to the gram established under section 7(a)(36) of the ance Act shall be available to cover the cost of
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employer’s right to discipline or terminate an Small Business Act (15 U.S.C. 636(a)(36)), as of additional extended unemployment benefits pro-
employee in accordance with employer policy the date the employer submits an application vided under such section 2(c)(2)(D) by reason of
from the date of agreement until September 30, under the payroll support program established the amendments made by subsection (a) as well
2021, or the duration of the agreement and re- under subsection (a). as to cover the cost of such benefits provided
ceipt of public contributions under this subtitle, (d) REDUCTIONS.—To address any shortfall in under such section 2(c)(2)(D) as in effect on the
whichever period ends later; or assistance that would otherwise be provided day before the date of enactment of this Act.
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H811
SEC. 7203. EXTENSION OF WAIVER OF THE 7-DAY State’s share of the total resident capacity in ance Act of 2017 (Public Law 115–48; 38 U.S.C.
WAITING PERIOD FOR BENEFITS such facilities as of the date of enactment of this 3001 note).
UNDER THE RAILROAD UNEMPLOY- (2) ACCREDITED PROGRAMS.—In the case of an
Act where such capacity includes only veterans
MENT INSURANCE ACT.
on whose behalf the Department pays a per accredited program of education, the program of
(a) IN GENERAL.—Section 2112(a) of the diem payment pursuant to section 1741 or 1745 of education shall not be considered a covered pro-
CARES Act (15 U.S.C. 9030(a)) is amended by title 38, United States Code. gram of education under this section if the pro-
striking ‘‘March 14, 2021’’ and inserting ‘‘Au- gram has received a show cause order from the
SEC. 8005. FUNDING FOR THE DEPARTMENT OF
gust 29, 2021’’. VETERANS AFFAIRS OFFICE OF IN- accreditor of the program during the five-year
(b) CLARIFICATION ON AUTHORITY TO USE SPECTOR GENERAL. period preceding the date of the enactment of
FUNDS.—Funds appropriated under section In addition to amounts otherwise made avail- this Act.
2112(c) of the CARES Act (15 U.S.C. 9030(c)) able, there is appropriated to the Office of In- (3) DETERMINATION OF HIGH-DEMAND OCCUPA-
shall be available to cover the cost of additional spector General of the Department of Veterans TIONS.—
benefits payable due to section 2112(a) of such Affairs for fiscal year 2021, out of any money in (A) INITIAL IMPLEMENTATION.—In carrying
Act by reason of the amendments made by sub- the Treasury not otherwise appropriated, out this section, the Secretary shall use the list
section (a) as well as to cover the cost of such $10,000,000, to remain available until expended, of high-demand occupations compiled by the
benefits payable due to such section 2112(a) as for audits, investigations, and other oversight of Commissioner of Labor Statistics until the final
in effect on the day before the date of enactment projects and activities carried out with funds list under subparagraph (C) is complete.
of this Act. made available to the Department of Veterans (B) STUDY REQUIRED.—The Secretary of Vet-
SEC. 7204. RAILROAD RETIREMENT BOARD AND Affairs. erans Affairs shall enter into an agreement with
OFFICE OF THE INSPECTOR GEN-
SEC. 8006. COVID–19 VETERAN RAPID RETRAIN-
a federally funded research and development
ERAL FUNDING. corporation or another appropriate non-Depart-
ING ASSISTANCE PROGRAM.
In addition to amounts otherwise made avail- (a) IN GENERAL.—The Secretary of Veterans ment entity for the conduct of a study to deter-
able, there are appropriated for fiscal year 2021, Affairs shall carry out a program under which mine which occupations are high-demand occu-
out of any money in the Treasury not otherwise the Secretary shall provide up to 12 months of pations. Such study shall be completed not later
appropriated— retraining assistance to an eligible veteran for than 90 days after the date of the enactment of
(1) $27,975,000, to remain available until ex- the pursuit of a covered program of education. this Act.
pended, for the Railroad Retirement Board, to Such retraining assistance shall be in addition (C) FINAL LIST.—The Secretary—
prevent, prepare for, and respond to (i) may add or remove occupation from the list
to any other entitlement to educational assist-
coronavirus, of which— in use pursuant to subparagraph (A) during the
ance or benefits for which a veteran is, or has
(A) $6,800,000 shall be for additional hiring 90-day period following the completion of the
been, eligible.
and overtime bonuses as needed to administer study required by subparagraph (B);
(b) ELIGIBLE VETERANS.— (ii) shall issue a final list of high-demand oc-
the Railroad Unemployment Insurance Act; and (1) IN GENERAL.—In this section, the term ‘‘eli-
(B) $21,175,000 shall be to supplement, not cupations for use under this section by not later
gible veteran’’ means a veteran who—
supplant, existing resources devoted to oper- than 90 days after the date of the completion of
(A) as of the date of the receipt by the Depart-
ations and improvements for the Information the study; and
ment of Veterans Affairs of an application for (iii) shall make such final list publicly avail-
Technology Investment Initiatives of the Rail- assistance under this section, is at least 22 years
road Retirement Board; and able on a website of the Department.
of age but not more than 66 years of age; (D) USE OF LIST.—The Secretary shall use the
(2) $500,000, to remain available until ex- (B) as of such date, is unemployed by reason
pended, for the Railroad Retirement Board Of- list developed under this paragraph in order to
of the covered public health emergency, as cer- apply the requirement that retraining assistance
fice of Inspector General for audit, investigatory tified by the veteran;
and review activities. under this section is used for training for a
(C) as of such date, is not eligible to receive high-demand occupation, but the Secretary may
TITLE VIII—COMMITTEE ON VETERANS’ educational assistance under chapter 30, 31, 32, remove occupations from the list as the Sec-
AFFAIRS 33, or 35 of title 38, United States Code, or chap- retary determines appropriate.
SEC. 8001. FUNDING FOR CLAIMS AND APPEALS ter 1606 of title 10, United States Code; (4) FULL-TIME DEFINED.—For purposes of this
PROCESSING. (D) is not enrolled in any Federal or State subsection, the term ‘‘full-time’’ has the mean-
In addition to amounts otherwise made avail- jobs program; ing given such term under section 3688 of title
able, there is appropriated for fiscal year 2021, (E) is not in receipt of compensation for a 38, United States Code.
out of any money in the Treasury not otherwise service-connected disability rated totally dis- (d) AMOUNT OF ASSISTANCE.—
appropriated, $272,000,000, to remain available abling by reason of unemployability; and (1) RETRAINING ASSISTANCE.—The Secretary of
until September 30, 2023, pursuant to sections (F) will not be in receipt of unemployment Veterans Affairs shall provide to an eligible vet-
308, 310, 7101 through 7113, 7701, and 7703 of compensation (as defined in section 85(b) of the eran pursuing a covered program of education
title 38, United States Code. Internal Revenue Code of 1986), including any under the retraining assistance program under
SEC. 8002. FUNDING AVAILABILITY FOR MEDICAL cash benefit received pursuant to subtitle A of this section an amount equal to the amount of
CARE AND HEALTH NEEDS. title II of division A of the CARES Act (Public educational assistance payable under section
In addition to amounts otherwise made avail- Law 116–136), as of the first day on which the 3313(c)(1)(A) of title 38, United States Code, for
able, there is appropriated for fiscal year 2021, veteran would receive a housing stipend pay- each month the veteran pursues the covered
out of any money in the Treasury not otherwise ment under this section. program of education. Such amount shall be
appropriated, $13,482,000,000, to remain avail- (2) TREATMENT OF VETERANS WHO TRANSFER payable directly to the educational institution
ENTITLEMENT.—For purposes of paragraph offering the covered program of education pur-
able until September 30, 2023, for allocation
under chapters 17, 20, 73, and 81 of title 38, (1)(C), a veteran who has transferred all of the sued by the veteran as follows:
United States Code, of which not more than veteran’s entitlement to educational assistance (A) 50 percent of the total amount payable
$4,000,000,000 shall be available pursuant to sec- under section 3319 of title 38, United States shall be paid when the eligible veteran begins
tion 1703 of title 38, United States Code for Code, shall be considered to be a veteran who is the program of education.
health care furnished through the Veterans not eligible to receive educational assistance (B) 25 percent of the total amount payable
Community Care program in sections 1703(c)(1) under chapter 33 of such title. shall be paid when the eligible veteran completes
(3) FAILURE TO COMPLETE.—A veteran who re- the program of education.
and 1703(c)(5) of such title.
ceives retraining assistance under this section to (C) 25 percent of the total amount payable
SEC. 8003. FUNDING FOR SUPPLY CHAIN MOD-
ERNIZATION.
pursue a program of education and who fails to shall be paid when the eligible veteran finds em-
complete the program of education shall not be ployment in a field related to the program of
In addition to amounts otherwise made avail-
eligible to receive additional assistance under education.
able, there is appropriated for fiscal year 2021, (2) FAILURE TO COMPLETE.—
this section.
out of any money in the Treasury not otherwise (c) COVERED PROGRAMS OF EDUCATION.— (A) PRO-RATED PAYMENTS.—In the case of a
appropriated, $100,000,000, to remain available (1) IN GENERAL.—For purposes of this section, veteran who pursues a covered program of edu-
until September 30, 2022, for the supply chain a covered program of education is a program of cation under the retraining assistance program
modernization initiative under sections 308, 310, education (as such term is defined in section under this section, but who does not complete
and 7301(b) of title 38, United States Code. 3452(b) of title 38, United States Code) for train- the program of education, the Secretary shall
SEC. 8004. FUNDING FOR STATE HOMES. ing, pursued on a full-time or part-time basis— pay to the educational institution offering such
In addition to amounts otherwise made avail- (A) that— program of education a pro-rated amount based
able, there are appropriated for fiscal year 2021, (i) is approved under chapter 36 of such title; on the number of months the veteran pursued
out of any money in the Treasury not otherwise (ii) does not lead to a bachelors or graduate the program of education in accordance with
appropriated— degree; and this paragraph.
(1) $500,000,000, to remain available until ex- (iii) is designed to provide training for a high- (B) PAYMENT OTHERWISE DUE UPON COMPLE-
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pended, for allocation under sections 8131 demand occupation, as determined under para- TION OF PROGRAM.—The Secretary shall pay to
through 8137 of title 38, United States Code: and graph (3); or the educational institution a pro-rated amount
(2) $250,000,000, to remain available until Sep- (B) that is a high technology program of edu- under paragraph (1)(B) when the veteran pro-
tember 30, 2022, for a one-time only obligation cation offered by a qualified provider, under the vides notice to the educational institution that
and expenditure to existing State extended care meaning given such terms in section 116 of the the veteran no longer intends to pursue the pro-
facilities for veterans in proportion to each Harry W. Colmery Veterans Educational Assist- gram of education.
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H812 CONGRESSIONAL RECORD — HOUSE February 26, 2021
(C) NONRECOVERY FROM VETERAN.—In the 2021, out of any money in the Treasury not oth- (2) TOTAL HOURS; AMOUNT.—Paid leave under
case of a veteran referred to in subparagraph erwise appropriated, $386,000,000, to remain this section—
(A), the educational institution may not seek available until expended, to carry out this sec- (A) shall be provided to a covered employee in
payment from the veteran for any amount that tion. an amount not to exceed 600 hours of paid leave
would have been payable under paragraph SEC. 8007. PROHIBITION ON COPAYMENTS AND for each full-time employee, and in the case of
(1)(B) had the veteran completed the program of COST SHARING FOR VETERANS DUR- a part-time employee, employee on an uncom-
education. ING EMERGENCY RELATING TO mon tour of duty, or employee with a seasonal
(D) PAYMENT DUE UPON EMPLOYMENT.— COVID–19. work schedule, in an amount not to exceed the
(i) VETERANS WHO FIND EMPLOYMENT.—In the (a) IN GENERAL.—The Secretary of Veterans proportional equivalent of 600 hours to the ex-
case of a veteran referred to in subparagraph Affairs— tent amounts in the Fund remain available for
(A) who finds employment in a field related to (1) shall provide for any copayment or other reimbursement;
the program of education during the 180-day pe- cost sharing with respect to health care under (B) shall be paid at the same hourly rate as
riod beginning on the date on which the veteran the laws administered by the Secretary received other leave payments; and
withdraws from the program of education, the by a veteran during the period specified in sub- (C) may not be provided to a covered employee
Secretary shall pay to the educational institu- section (b); and if the leave would result in payments greater
tion a pro-rated amount under paragraph (1)(C) (2) shall reimburse any veteran who paid a co- than $2,800 in aggregate for any biweekly pay
when the veteran finds such employment. payment or other cost sharing for health care period for a full-time employee, or a proportion-
(ii) VETERANS WHO DO NOT FIND EMPLOY- under the laws administered by the Secretary ally equivalent biweekly limit for a part-time
MENT.—In the case of a veteran referred to in received by the veteran during such period the employee.
subparagraph (A) who does not find employ- amount paid by the veteran. (3) RELATIONSHIP TO OTHER LEAVE.—Paid
ment in a field related to the program of edu- (b) PERIOD SPECIFIED.—The period specified leave under this section—
cation during the 180-day period beginning on in this subsection is the period beginning on (A) is in addition to any other leave provided
the date on which the veteran withdraws from April 6, 2020, and ending on September 30, 2021. to a covered employee; and
(c) FUNDING.—In addition to amounts other- (B) may not be used by a covered employee
the program of education—
wise available, there is appropriated to the Sec- concurrently with any other paid leave.
(I) the Secretary shall not make a payment to
retary of Veterans Affairs for fiscal year 2021, (4) CALCULATION OF RETIREMENT BENEFIT.—
the educational institution under paragraph
out of any money in the Treasury not otherwise Any paid leave provided to a covered employee
(1)(C); and
(II) the educational institution may not seek appropriated, $2,000,000,000, to remain available under this section shall reduce the total service
payment from the veteran for any amount that until expended, to carry out this section, except used to calculate any Federal civilian retirement
would have been payable under paragraph for health care furnished pursuant to section benefit.
(1)(C) had the veteran found employment during 1703(c)(2)-(c)(4) of title 38, United States Code. (d) COVERED EMPLOYEE DEFINED.—In this
such 180-day period. SEC. 8008. EMERGENCY DEPARTMENT OF VET- section, the term ‘‘covered employee’’ means an
ERANS AFFAIRS EMPLOYEE LEAVE
(3) HOUSING STIPEND.—For each month that FUND.
employee of the Department of Veterans Affairs
an eligible veteran pursues a covered program of appointed under chapter 74 of title 38, United
(a) ESTABLISHMENT; APPROPRIATION.—There
education under the retraining assistance pro- States Code.
is established in the Treasury the Emergency
gram under this section, the Secretary shall pay TITLE IX—COMMITTEE ON WAYS AND
Department of Veterans Affairs Employee Leave
to the veteran a monthly housing stipend in an MEANS
Fund (in this section referred to as the
amount equal to— Subtitle A—Crisis Support for Unemployed
‘‘Fund’’), to be administered by the Secretary of
(A) in the case of a covered program of edu-
Veterans Affairs, for the purposes set forth in Workers
cation leading to a degree, or a covered program
subsection (b). In addition to amounts otherwise PART 1—EXTENSION OF CARES ACT
of education not leading to a degree, at an insti-
available, there is appropriated for fiscal year UNEMPLOYMENT PROVISIONS
tution of higher learning (as that term is de-
2021, out of any money in the Treasury not oth- SEC. 9011. EXTENSION OF PANDEMIC UNEMPLOY-
fined in section 3452(f) of title 38, United States
erwise appropriated, $80,000,000, which shall be MENT ASSISTANCE.
Code) pursued on more than a half-time basis,
deposited into the Fund and remain available (a) IN GENERAL.—Section 2102(c) of the
the amount specified under subsection (c)(1)(B)
through September 20, 2022. CARES Act (15 U.S.C. 9021(c)) is amended—
of section 3313 of title 38, United States Code;
(b) PURPOSE.—Amounts in the Fund shall be (1) in paragraph (1)—
(B) in the case of a covered program of edu-
available for payment to the Department of Vet- (A) by striking ‘‘paragraphs (2) and (3)’’ and
cation other than a program of education lead-
erans Affairs for the use of paid leave by any inserting ‘‘paragraph (2)’’; and
ing to a degree at an institution other than an
covered employee who is unable to work because (B) in subparagraph (A)(ii), by striking
institution of higher learning pursued on more
the employee— ‘‘March 14, 2021’’ and inserting ‘‘August 29,
than a half-time basis, the amount specified (1) is subject to a Federal, State, or local quar-
under subsection (g)(3)(A)(ii) of such section; or 2021’’; and
antine or isolation order related to COVID–19; (2) by striking paragraph (3) and redesig-
(C) in the case of a covered program of edu- (2) has been advised by a health care provider
cation pursued on less than a half-time basis, or nating paragraph (4) as paragraph (3).
to self-quarantine due to concerns related to (b) INCREASE IN NUMBER OF WEEKS.—Section
a covered program of education pursued solely COVID–19;
through distance learning on more than a half- 2102(c)(2) of such Act (15 U.S.C. 9021(c)(2)) is
(3) is caring for an individual who is subject
time basis, the amount specified under sub- amended—
to such an order or has been so advised;
section (c)(1)(B)(iii) of such section. (4) is experiencing symptoms of COVID–19 and (1) by striking ‘‘50 weeks’’ and inserting ‘‘74
(4) FAILURE TO FIND EMPLOYMENT.—The Sec- seeking a medical diagnosis; weeks’’; and
retary shall not make a payment under para- (5) is caring for a son or daughter of such em- (2) by striking ‘‘50-week period’’ and inserting
graph (1)(C) with respect to an eligible veteran ployee if the school or place of care of the son ‘‘74-week period’’.
who completes or fails to complete a program of or daughter has been closed, if the school of (c) HOLD HARMLESS FOR PROPER ADMINISTRA-
education under the retraining assistance pro- TION.—In the case of an individual who is eligi-
such son or daughter requires or makes optional
gram under this section if the veteran fails to a virtual learning instruction model or requires ble to receive pandemic unemployment assist-
find employment in a field related to the pro- or makes optional a hybrid of in-person and vir- ance under section 2102 of the CARES Act (15
gram of education within the 180-period begin- tual learning instruction models, or the child U.S.C. 9021) as of the day before the date of en-
ning on the date on which the veteran with- care provider of such son or daughter is un- actment of this Act and on the date of enact-
draws from or completes the program. available, due to COVID–19 precautions; ment of this Act becomes eligible for pandemic
(e) NO TRANSFERABILITY.—Retraining assist- (6) is experiencing any other substantially emergency unemployment compensation under
ance provided under this section may not be similar condition; section 2107 of the CARES Act (15 U.S.C. 9025)
transferred to another individual. (7) is caring for a family member with a men- by reason of the amendments made by section
(f) LIMITATION.—Not more than 17,250 eligible tal or physical disability or who is 55 years of 9016(b) of this title, any payment of pandemic
veterans may receive retraining assistance age or older and incapable of self-care, without unemployment assistance under such section
under this section. regard to whether another individual other than 2102 made after the date of enactment of this
(g) TERMINATION.—No retraining assistance the employee is available to care for such family Act to such individual during an appropriate
may be paid under this section after the date member, if the place of care for such family period of time, as determined by the Secretary of
that is 21 months after the date of the enact- member is closed or the direct care provider is Labor, that should have been made under such
ment of this Act. unavailable due to COVID–19; or section 2107 shall not be considered to be an
(h) COMPTROLLER GENERAL REPORT.—Not (8) is obtaining immunization related to overpayment of assistance under such section
later than 180 days after the termination of the COVID–19 or to recover from any injury, dis- 2102, except that an individual may not receive
retraining assistance program under subsection ability, illness, or condition related to such im- payment for assistance under section 2102 and a
(k), the Comptroller General shall submit to the munization. payment for assistance under section 2107 for
dlhill on DSK120RN23PROD with House
Committees on Veterans’ Affairs of the Senate (c) LIMITATIONS.— the same week of unemployment.
and House of Representatives a report on the (1) PERIOD OF AVAILABILITY.—Paid leave (d) EFFECTIVE DATE.—The amendments made
outcomes and effectiveness of the program. under this section may only be provided to and by subsections (a) and (b) shall apply as if in-
(i) FUNDING.—In addition to amounts other- used by a covered employee during the period cluded in the enactment of the CARES Act
wise available there is appropriated to the De- beginning on the date of enactment of this Act (Public Law 116–136), except that no amount
partment of Veterans Affairs for fiscal year and ending on September 30, 2021. shall be payable by virtue of such amendments
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H813
with respect to any week of unemployment com- of enactment of the American Rescue Plan Act (2) as directed by the Secretary, conduct user
mencing before the date of the enactment of this of 2021 (without regard to the amendments made accessibility testing on any new system devel-
Act. by subsections (a) and (b) of section 9016 of such oped by the Secretary pursuant to subsection
SEC. 9012. EXTENSION OF EMERGENCY UNEM- Act)’’ after ‘‘2020)’’. (b)(2).
PLOYMENT RELIEF FOR GOVERN- (d) EFFECTIVE DATE.—The amendments made Subtitle B—Emergency Assistance to Families
MENTAL ENTITIES AND NONPROFIT by this section shall apply as if included in the Through Home Visiting Programs
ORGANIZATIONS. enactment of the CARES Act (Public Law 116–
(a) IN GENERAL.—Section 903(i)(1)(D) of the SEC. 9101. EMERGENCY ASSISTANCE TO FAMILIES
136), except that no amount shall be payable by THROUGH HOME VISITING PRO-
Social Security Act (42 U.S.C. 1103(i)(1)(D)) is virtue of such amendments with respect to any GRAMS.
amended by striking ‘‘March 14, 2021’’ and in- week of unemployment commencing before the Title V of the Social Security Act (42 U.S.C.
serting ‘‘August 29, 2021’’. date of the enactment of this Act.
(b) INCREASE IN REIMBURSEMENT RATE.—Sec- 701-713) is amended by inserting after section
SEC. 9017. EXTENSION OF TEMPORARY FINANC-
tion 903(i)(1)(B) of such Act (42 U.S.C. 511 the following:
ING OF SHORT-TIME COMPENSATION
1103(i)(1)(B)) is amended— PAYMENTS IN STATES WITH PRO- ‘‘SEC. 511A. EMERGENCY ASSISTANCE TO FAMI-
GRAMS IN LAW. LIES THROUGH HOME VISITING PRO-
(1) in the first sentence, by inserting ‘‘and ex-
GRAMS.
cept as otherwise provided in this subpara- Section 2108(b)(2) of the CARES Act (15 U.S.C.
graph’’ after ‘‘as determined by the Secretary of 9026(b)(2)) is amended by striking ‘‘March 14, ‘‘(a) SUPPLEMENTAL APPROPRIATION.—In ad-
Labor’’; and 2021’’ and inserting ‘‘August 29, 2021’’. dition to amounts otherwise appropriated, out of
(2) by inserting after the first sentence the fol- SEC. 9018. EXTENSION OF TEMPORARY FINANC- any money in the Treasury of the United States
lowing: ‘‘With respect to the amounts of such ING OF SHORT-TIME COMPENSATION not otherwise appropriated, there are appro-
compensation paid for weeks of unemployment AGREEMENTS FOR STATES WITHOUT priated to the Secretary $150,000,000, to remain
beginning after March 31, 2021, and ending on PROGRAMS IN LAW. available through September 30, 2022, to enable
or before August 29, 2021, the preceding sentence Section 2109(d)(2) of the CARES Act (15 U.S.C. eligible entities to conduct programs in accord-
shall be applied by substituting ‘75 percent’ for 9027(d)(2)) is amended by striking ‘‘March 14, ance with section 511 and subsection (c) of this
‘one-half’.’’. 2021’’ and inserting ‘‘August 29, 2021’’. section.
PART 2—EXTENSION OF FFCRA ‘‘(b) ELIGIBILITY FOR FUNDS.—To be eligible to
SEC. 9013. EXTENSION OF FEDERAL PANDEMIC
UNEMPLOYMENT COMPENSATION. UNEMPLOYMENT PROVISIONS receive funds made available by subsection (a)
(a) IN GENERAL.—Section 2104(e)(2) of the SEC. 9021. EXTENSION OF TEMPORARY ASSIST- of this section, an entity shall—
ANCE FOR STATES WITH ADVANCES. ‘‘(1) as of the date of the enactment of this
CARES Act (15 U.S.C. 9023(e)(2)) is amended by
Section 1202(b)(10)(A) of the Social Security section, be conducting a program under section
striking ‘‘March 14, 2021’’ and inserting ‘‘Au-
Act (42 U.S.C. 1322(b)(10)(A)) is amended by 511;
gust 29, 2021’’.
(b) AMOUNT.—Section 2104(b)(3)(A) of such striking ‘‘March 14, 2021’’ and inserting ‘‘Au- ‘‘(2) ensure the modification of grants, con-
Act (15 U.S.C. 9023(b)(3)(A)) is amended by add- gust 29, 2021’’. tracts, and other agreements, as applicable, exe-
ing at the end the following: SEC. 9022. EXTENSION OF FULL FEDERAL FUND- cuted under section 511 under which the pro-
‘‘(iii) For weeks of unemployment ending after ING OF EXTENDED UNEMPLOYMENT gram is conducted as are necessary to provide
March 14, 2021, and ending on or before August COMPENSATION. that, during the period that begins with the
29, 2021, $400.’’. Section 4105 of the Families First Coronavirus date of the enactment of this section and ends
Response Act (26 U.S.C. 3304 note) is amended with the end of the 2nd succeeding fiscal year
SEC. 9014. EXTENSION OF FULL FEDERAL FUND-
ING OF THE FIRST WEEK OF COM- by striking ‘‘March 14, 2021’’ each place it ap- after the funds are awarded, the entity shall—
PENSABLE REGULAR UNEMPLOY- pears and inserting ‘‘August 29, 2021’’. ‘‘(A) not reduce funding for, or staffing levels
MENT FOR STATES WITH NO WAIT- PART 3—DEPARTMENT OF LABOR FUND- of, the program on account of reduced enroll-
ING WEEK.
ING FOR TIMELY, ACCURATE, AND EQUI- ment in the program; and
(a) IN GENERAL.—Section 2105(e)(2) of the TABLE PAYMENT ‘‘(B) when using funds to provide emergency
CARES Act (15 U.S.C. 9024(e)(2)) is amended by supplies to eligible families receiving grant serv-
SEC. 9031. FUNDING FOR ADMINISTRATION.
striking ‘‘March 14, 2021’’ and inserting ‘‘Au- ices under section 511, ensure coordination with
In addition to amounts otherwise available, local diaper banks to the extent practicable; and
gust 29, 2021’’.
there is appropriated to the Employment and ‘‘(3) reaffirm that, in conducting the program,
(b) FULL REIMBURSEMENT.—Paragraph (3) of
Training Administration of the Department of the entity will focus on priority populations (as
section 2105(c) of such Act (15 U.S.C. 9024(c)) is
Labor for fiscal year 2021, out of any money in defined in section 511(d)(4)).
repealed and such section shall be applied to
the Treasury not otherwise appropriated, ‘‘(c) USES OF FUNDS.—An entity to which
weeks of unemployment to which an agreement
$8,000,000, to remain available until expended, funds are provided under this section shall use
under section 2105 of such Act applies as if such
for necessary expenses to carry out Federal ac- the funds—
paragraph had not been enacted.
tivities relating to the administration of unem- ‘‘(1) to serve families with home visits or with
SEC. 9015. EXTENSION OF EMERGENCY STATE
STAFFING FLEXIBILITY.
ployment compensation programs. virtual visits, that may be conducted by the use
SEC. 9032. FUNDING FOR FRAUD PREVENTION, of electronic information and telecommuni-
If a State modifies its unemployment com- EQUITABLE ACCESS, AND TIMELY
pensation law and policies, subject to the suc- PAYMENT TO ELIGIBLE WORKERS.
cations technologies, in a service delivery model
ceeding sentence, with respect to personnel described in section 511(d)(3)(A);
(a) IN GENERAL.—In addition to amounts oth-
standards on a merit basis on an emergency ‘‘(2) to pay hazard pay or other additional
erwise available, there is appropriated to the
temporary basis as needed to respond to the staff costs associated with providing home visits
Secretary of Labor for fiscal year 2021, out of
spread of COVID-19, such modifications shall be or administration for programs funded under
any money in the Treasury not otherwise appro-
disregarded for the purposes of applying section section 511;
priated, $2,000,000,000, to remain available until
303 of the Social Security Act and section 3304 of ‘‘(3) to train home visitors employed by the en-
expended, to detect and prevent fraud, promote
the Internal Revenue Code of 1986 to such State tity in conducting a virtual home visit and in
equitable access, and ensure the timely payment
law. Such modifications shall only apply emergency preparedness and response planning
of benefits with respect to unemployment insur-
through August 29, 2021, and shall be limited to for families served, and may include training on
ance programs, including programs extended
engaging of temporary staff, rehiring of retirees how to safely conduct intimate partner violence
under this subtitle.
or former employees on a non-competitive basis, (b) USE OF FUNDS.—Amounts made available screenings, and training on safety and planning
and other temporary actions to quickly process under subsection (a) may be used— for families served to support the family outcome
applications and claims. (1) for Federal administrative costs related to improvements listed in section 511(d)(2)(B);
SEC. 9016. EXTENSION OF PANDEMIC EMERGENCY the purposes described in subsection (a); ‘‘(4) for the acquisition by families served by
UNEMPLOYMENT COMPENSATION. (2) for systemwide infrastructure investment programs under section 511 of such techno-
(a) IN GENERAL.—Section 2107(g) of the and development related to such purposes; and logical means as are needed to conduct and sup-
CARES Act (15 U.S.C. 9025(g)) is amended to (3) to make grants to States or territories ad- port a virtual home visit;
read as follows: ministering unemployment insurance programs ‘‘(5) to provide emergency supplies (such as
‘‘(g) APPLICABILITY.—An agreement entered described in subsection (a) for such purposes, diapers and diapering supplies including diaper
into under this section shall apply to weeks of including the establishment of procedures or the wipes and diaper cream, necessary to ensure
unemployment— building of infrastructure to verify or validate that a child using a diaper is properly cleaned
‘‘(1) beginning after the date on which such identity, implement Federal guidance regarding and protected from diaper rash, formula, food,
agreement is entered into; and fraud detection and prevention, and accelerate water, hand soap and hand sanitizer) to an eli-
‘‘(2) ending on or before August 29, 2021.’’. claims processing or process claims backlogs due gible family (as defined in section 511(k)(2));
(b) INCREASE IN NUMBER OF WEEKS.—Section to the pandemic. ‘‘(6) to coordinate with and provide reimburse-
2107(b)(2) of such Act (15 U.S.C. 9025(b)(2)) is (c) RESTRICTIONS ON GRANTS TO STATES AND ment for supplies to diaper banks when using
dlhill on DSK120RN23PROD with House
amended by striking ‘‘24’’ and inserting ‘‘48’’. TERRITORIES.—As a condition of receiving a such entities to provide emergency supplies spec-
(c) COORDINATION OF PANDEMIC EMERGENCY grant under subsection (b)(3), the Secretary may ified in paragraph (5); or
UNEMPLOYMENT COMPENSATION WITH EXTENDED require that a State or territory receiving such a ‘‘(7) to provide prepaid grocery cards to an eli-
COMPENSATION.—Section 2107(a)(5)(B) of such grant shall— gible family (as defined in section 511(k)(2)) par-
Act (15 U.S.C. 9025(a)(5)(B)) is amended by in- (1) use such program integrity tools as the ticipating in the maternal, infant, and early
serting ‘‘or for the week that includes the date Secretary may specify; and childhood home visiting program under section
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H814 CONGRESSIONAL RECORD — HOUSE February 26, 2021
511 for the purpose of enabling the family to paragraph (3), the Secretary shall treat the ‘‘(A) $88,000,000 shall be made available to
meet the emergency needs of the family.’’. funds as if included in the amount specified in carry out the programs described in subtitle B in
Subtitle C—Emergency Assistance to Children paragraph (1). fiscal year 2021, of which not less than an
and Families ‘‘(ii) PROVISION.—The Secretary shall provide amount equal to $100,0000,000 minus the amount
funds to each such other State or Indian tribe in previously provided in fiscal year 2021 to carry
SEC. 9201. PANDEMIC EMERGENCY ASSISTANCE.
an amount equal to the amount so reallotted. out section 2042(b) shall be made available to
Section 403 of the Social Security Act (42 ‘‘(5) RECIPIENT OF FUNDS PROVIDED FOR TER- carry out such section; and
U.S.C. 603) is amended by adding at the end the RITORIES.—In the case of a territory not oper- ‘‘(B) $188,000,000 shall be made available to
following: ating a program funded under this part, the carry out the programs described in subtitle B in
‘‘(c) PANDEMIC EMERGENCY ASSISTANCE.— Secretary shall provide the funds required to be fiscal year 2022, of which not less than
‘‘(1) APPROPRIATION.—In addition to amounts provided to the territory under this subsection, $100,000,000 shall be for activities described in
otherwise available, there is appropriated for to the agency that administers the bulk of local section 2042(b).
fiscal year 2021, out of any money in the Treas- human services programs in the territory. ‘‘(2) SERVICES FOR ALL ADULTS.—The amounts
ury of the United States not otherwise appro- ‘‘(6) USE OF FUNDS.— made available by subsection (a) of this section
priated, $1,000,000,000, to remain available until ‘‘(A) IN GENERAL.—A State or Indian tribe to to carry out section 2042(b) may be used to pro-
expended, to carry out this subsection. which funds are provided under this subsection vide services under programs described in sec-
‘‘(2) RESERVATION OF FUNDS FOR TECHNICAL may use the funds only for non-recurrent short tion 2042(b) for all adults, as defined by local
ASSISTANCE.—Of the amount specified in para- term benefits, whether in the form of cash or in adult protective services statutes and regula-
graph (1), the Secretary shall reserve $2,000,000 other forms. tions.’’.
for administrative expenses and the provision of ‘‘(B) LIMITATION ON USE FOR ADMINISTRATIVE
technical assistance to States and Indian tribes Subtitle E—Support to Skilled Nursing
EXPENSES.—A State to which funds are provided
with respect to the use of funds provided under Facilities in Response to COVID–19
under this subsection shall not expend more
this subsection. than 15 percent of the funds for administrative SEC. 9401. PROVIDING FOR INFECTION CONTROL
‘‘(3) ALLOTMENTS.— SUPPORT TO SKILLED NURSING FA-
purposes. CILITIES THROUGH CONTRACTS
‘‘(A) 50 STATES AND THE DISTRICT OF COLUM- ‘‘(C) NONSUPPLANTATION.—Funds provided WITH QUALITY IMPROVEMENT ORGA-
BIA.— under this subsection shall be used to supple- NIZATIONS.
‘‘(i) TOTAL AMOUNT TO BE ALLOTTED.—The ment and not supplant other Federal, State, or Section 1862(g) of the Social Security Act (42
Secretary shall allot a total of 92.5 percent of tribal funds for services and activities that pro- U.S.C. 1395y(g)) is amended—
the amount specified in paragraph (1) that is mote the purposes of this part. (1) by striking ‘‘The Secretary’’ and inserting
not reserved under paragraph (2) among the ‘‘(D) EXPENDITURE DEADLINE.— ‘‘(1) The Secretary’’; and
States that are not a territory and that are oper- ‘‘(i) IN GENERAL.—Except as provided in (2) by adding at the end the following new
ating a program funded under this part, in ac- clause (ii), a State or Indian tribe to which paragraph:
cordance with clause (ii) of this subparagraph. funds are provided under this subsection shall ‘‘(2) In addition to any amounts otherwise
‘‘(ii) ALLOTMENT FORMULA.—The Secretary expend the funds not later than the end of fiscal available, there is appropriated to the Secretary,
shall allot to each such State the sum of the fol- year 2022. out of any monies in the Treasury not otherwise
lowing percentages of the total amount de- ‘‘(ii) EXCEPTION FOR REALLOTTED FUNDS.—A appropriated, $200,000,000, to remain available
scribed in clause (i): State or Indian tribe to which funds are pro- until expended, for purposes of carrying out in-
‘‘(I) 50 percent, multiplied by— vided under paragraph (4)(B) shall expend the fection control support (as determined appro-
‘‘(aa) the population of children in the State, funds within 12 months after receipt. priate by the Secretary) through the develop-
determined on the basis of the most recent popu- ‘‘(7) EXPENDITURE REPORTS.—On expending ment and dissemination of protocols relating to
lation estimates as determined by the Bureau of all funds provided to a State or Indian tribe the prevention or mitigation of COVID–19 in
the Census; divided by under this subsection, the entity shall submit to skilled nursing facilities (as defined in section
‘‘(bb) the total population of children in the the Secretary a written report that describes 1819(a)).’’.
States that are not territories, as so determined; how the funds were expended, which report
plus SEC. 9402. FUNDING FOR STRIKE TEAMS FOR
shall be so submitted— RESIDENT AND EMPLOYEE SAFETY
‘‘(II) 50 percent, multiplied by— ‘‘(A) if the entity is a State that is not a terri- IN SKILLED NURSING FACILITIES.
‘‘(aa) the total amount expended by the State tory, within 90 days after expenditure; or Section 1819 of the Social Security Act (42
for basic assistance, non-recurrent short term ‘‘(B) if the entity is a territory or is operating
U.S.C. 1395i–3) is amended by adding at the end
benefits, and emergency assistance in fiscal year a tribal program funded under this part, within
the following new subsection:
2019, as reported by the State under section 411; 120 days after expenditure.
‘‘(k) FUNDING FOR STRIKE TEAMS.—In addi-
divided by ‘‘(8) SUSPENSION OF TERRITORY SPENDING
tion to amounts otherwise available, there is ap-
‘‘(bb) the total amount expended by the States CAP.—Section 1108 shall not apply with respect
propriated to the Secretary, out of any monies
that are not territories for basic assistance, non- to any funds provided under this subsection.
in the Treasury not otherwise appropriated,
recurrent short term benefits, and emergency as- ‘‘(9) DEFINITIONS.—In this subsection:
‘‘(A) APPLICABLE PERIOD.—The term ‘applica- $250,000,000, to remain available until expended,
sistance in fiscal year 2019, as so reported by the
ble period’ means the period that begins with for purposes of allocating such amount among
States.
April 1, 2021, and ends with September 30, 2022. the States (including the District of Columbia
‘‘(B) TERRITORIES AND INDIAN TRIBES.—The
‘‘(B) NON-RECURRENT SHORT TERM BENEFITS.— and each territory of the United States) for such
Secretary shall allot among the territories and
The term ‘non-recurrent short term benefits’ has a State to establish and implement a strike team
Indian tribes otherwise eligible for a grant
the meaning given the term in OMB approved that will be deployed to a skilled nursing facil-
under this part such portions of 7.5 percent of
Form ACF-196R, published on July 31, 2014. ity in the State with diagnosed or suspected
the amount specified in paragraph (1) that are
‘‘(C) STATE.—The term ‘State’ means the 50 cases of COVID–19 among residents or staff for
not reserved under paragraph (2) as the Sec-
States of the United States, the District of Co- the purposes of assisting with clinical care, in-
retary deems appropriate based on the needs of
lumbia, and the territories. fection control, or staffing during the emergency
the territory or tribe involved.
‘‘(D) TERRITORY.—The term ‘territory’ means period described in section 1135(g)(1)(B).’’.
‘‘(C) EXPENDITURE COMMITMENT REQUIRE-
MENT.—To receive the full amount of funding the Commonwealth of Puerto Rico, the United Subtitle F—Preserving Health Benefits for
payable under this subsection, a State or Indian States Virgin Islands, Guam, American Samoa, Workers
tribe shall inform the Secretary as to whether it and the Commonwealth of the Northern Mar- SEC. 9500. PRESERVING HEALTH BENEFITS FOR
intends to use all of its allotment under this iana Islands.’’. WORKERS.
paragraph and provide that information— Subtitle D—Elder Justice and Support (a) PREMIUM ASSISTANCE FOR COBRA CON-
‘‘(i) in the case of a State that is not a terri- Guarantee TINUATION COVERAGE FOR INDIVIDUALS AND
tory, within 45 days after the date of the enact- SEC. 9301. ADDITIONAL FUNDING FOR AGING AND THEIR FAMILIES.—
ment of this subsection; or DISABILITY SERVICES PROGRAMS. (1) PROVISION OF PREMIUM ASSISTANCE.—
‘‘(ii) in the case of a territory or an Indian Subtitle A of title XX of the Social Security (A) REDUCTION OF PREMIUMS PAYABLE.—In
tribe, within 90 days after such date of enact- Act (42 U.S.C. 1397-1397h) is amended by adding the case of any premium for a period of coverage
ment. at the end the following: during the period beginning on the first day of
‘‘(4) GRANTS.— ‘‘SEC. 2010. ADDITIONAL FUNDING FOR AGING the first month beginning after the date of the
‘‘(A) IN GENERAL.—The Secretary shall pro- AND DISABILITY SERVICES PRO- enactment of this Act, and ending on September
vide funds to each State and Indian tribe to GRAMS. 30, 2021, for COBRA continuation coverage with
which an amount is allotted under paragraph ‘‘(a) APPROPRIATION.—In addition to amounts respect to any assistance eligible individual de-
(3), from the amount so allotted. otherwise available, there is appropriated for scribed in paragraph (3), such individual shall
‘‘(B) TREATMENT OF UNUSED FUNDS.— fiscal year 2021, out of any money in the Treas- be treated for purposes of any COBRA continu-
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‘‘(i) REALLOTMENT.—The Secretary shall ury not otherwise appropriated, $276,000,000, to ation provision as having paid the amount of
reallot in accordance with paragraph (3) all remain available until expended, to carry out such premium if such individual pays (or any
funds provided to any State or Indian tribe the programs described in subtitle B. person other than such individual’s employer
under this subsection that are unused, among ‘‘(b) USE OF FUNDS.— pays on behalf of such individual) 15 percent of
the other States and Indian tribes eligible for ‘‘(1) IN GENERAL.—Of the amounts made avail- the amount of such premium.
funds under this subsection. For purposes of able by subsection (a)— (B) PLAN ENROLLMENT OPTION.—
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H815
(i) IN GENERAL.—Notwithstanding the COBRA by reason of clause (i) of subparagraph (A) (as application for review under this paragraph.
continuation provisions, any assistance eligible applicable). Such notice shall be provided to the Such Secretary’s determination upon review of
individual who is enrolled in a group health group health plan in such time and manner as the denial shall be de novo and shall be the
plan offered by a plan sponsor may, not later may be specified by the Secretary of Labor. final determination of such Secretary. The pro-
than 90 days after the date of notice of the plan (3) ASSISTANCE ELIGIBLE INDIVIDUAL.—For visions of this paragraph, paragraphs (1)
enrollment option described in this subpara- purposes of this section, the term ‘‘assistance el- through (4), and paragraphs (6) through (7)
graph, elect to enroll in coverage under a plan igible individual’’ means, with respect to a pe- shall be treated as provisions of title I of the
offered by such plan sponsor that is different riod of coverage during the period beginning on Employee Retirement Income Security Act of
than coverage under the plan in which such in- the first day of the first month beginning after 1974 for purposes of part 5 of subtitle B of such
dividual was enrolled at the time, in the case of the date of the enactment of this Act, and end- title.
any assistance eligible individual described in ing on September 30, 2021, any individual that is (6) NOTICES TO INDIVIDUALS.—
paragraph (3), the qualifying event specified in a qualified beneficiary who— (A) GENERAL NOTICE.—
section 603(2) of the Employee Retirement In- (A) is eligible for COBRA continuation cov- (i) IN GENERAL.—In the case of notices pro-
come Security Act of 1974, section 4980B(f)(3)(B) erage by reason of a qualifying event specified vided under section 606(a)(4) of the Employee
of the Internal Revenue Code of 1986, or section in section 603(2) of the Employee Retirement In- Retirement Income Security Act of 1974 (29
2203(2) of the Public Health Service Act, except come Security Act of 1974, section 4980B(f)(3)(B) U.S.C. 1166(4)), section 4980B(f)(6)(D) of the In-
for the voluntary termination of such individ- of the Internal Revenue Code of 1986, or section ternal Revenue Code of 1986, or section 2206(4)
ual’s employment by such individual, occurred, 2203(2) of the Public Health Service Act, except of the Public Health Service Act (42 U.S.C.
and such coverage shall be treated as COBRA for the voluntary termination of such individ- 300bb–6(4)), with respect to individuals who,
continuation coverage for purposes of the appli- ual’s employment by such individual; and during the period described in paragraph (3),
cable COBRA continuation coverage provision. (B) elects such coverage. become entitled to elect COBRA continuation
(ii) REQUIREMENTS.—Any assistance eligible (4) EXTENSION OF ELECTION PERIOD AND EF- coverage, the requirements of such provisions
individual may elect to enroll in different cov- FECT ON COVERAGE.— shall not be treated as met unless such notices
erage as described in clause (i) only if— (A) IN GENERAL.—For purposes of applying include an additional written notification to the
(I) the employer involved has made a deter- section 605(a) of the Employee Retirement In- recipient in clear and understandable language
mination that such employer will permit such come Security Act of 1974, section 4980B(f)(5)(A) of—
assistance eligible individual to enroll in dif- of the Internal Revenue Code of 1986, and sec- (I) the availability of premium assistance with
ferent coverage as provided under this subpara- tion 2205(a) of the Public Health Service Act, in respect to such coverage under this subsection;
graph; the case of— and
(II) the premium for such different coverage (i) an individual who does not have an elec-
(II) the option to enroll in different coverage
does not exceed the premium for coverage in tion of COBRA continuation coverage in effect
if the employer permits assistance eligible indi-
which such individual was enrolled at the time on the first day of the first month beginning
viduals described in paragraph (3) to elect en-
such qualifying event occurred; after the date of the enactment of this Act but
rollment in different coverage (as described in
(III) the different coverage in which the indi- who would be an assistance eligible individual
paragraph (1)(B)).
vidual elects to enroll is coverage that is also of- described in paragraph (3) if such election were
(ii) ALTERNATIVE NOTICE.—In the case of
fered to similarly situated active employees of so in effect; or
(ii) an individual who elected COBRA con- COBRA continuation coverage to which the no-
the employer at the time at which such election tice provision under such sections does not
is made; and tinuation coverage and discontinued from such
coverage before the first day of the first month apply, the Secretary of Labor, in consultation
(IV) the different coverage in which the indi- with the Secretary of the Treasury and the Sec-
vidual elects to enroll is not— beginning after the date of the enactment of this
Act, retary of Health and Human Services, shall, in
(aa) coverage that provides only excepted ben- consultation with administrators of the group
efits as defined in section 9832(c) of the Internal such individual may elect the COBRA continu-
ation coverage under the COBRA continuation health plans (or other entities) that provide or
Revenue Code of 1986, section 733(c) of the Em- administer the COBRA continuation coverage
ployee Retirement Income Security Act of 1974, coverage provisions containing such provisions
during the period beginning on the first day of involved, provide rules requiring the provision
and section 2791(c) of the Public Health Service of such notice.
Act; the first month beginning after the date of the
enactment of this Act and ending 60 days after (iii) FORM.—The requirement of the additional
(bb) a qualified small employer health reim-
the date on which the notification required notification under this subparagraph may be
bursement arrangement (as defined in section
under paragraph (6)(C) is provided to such indi- met by amendment of existing notice forms or by
9831(d)(2) of the Internal Revenue Code of 1986);
vidual. inclusion of a separate document with the no-
or
(B) COMMENCEMENT OF COBRA CONTINUATION tice otherwise required.
(cc) a flexible spending arrangement (as de-
COVERAGE.—Any COBRA continuation coverage (B) SPECIFIC REQUIREMENTS.—Each additional
fined in section 106(c)(2) of the Internal Rev-
elected by a qualified beneficiary during an ex- notification under subparagraph (A) shall in-
enue Code of 1986).
(2) LIMITATION OF PERIOD OF PREMIUM ASSIST- tended election period under subparagraph clude—
ANCE.— (A)— (i) the forms necessary for establishing eligi-
(A) ELIGIBILITY FOR ADDITIONAL COVERAGE.— (i) shall commence (including for purposes of bility for premium assistance under this sub-
Paragraph (1)(A) shall not apply with respect to applying the treatment of premium payments section;
any assistance eligible individual described in under paragraph (1)(A) and any cost-sharing (ii) the name, address, and telephone number
paragraph (3) for months of coverage beginning requirements for items and services under a necessary to contact the plan administrator and
on or after the earlier of— group health plan) with the first period of cov- any other person maintaining relevant informa-
(i) the first date that such individual is eligi- erage beginning on or after the first day of the tion in connection with such premium assist-
ble for coverage under any other group health first month beginning after the date of the en- ance;
plan (other than coverage consisting of only ex- actment of this Act, and (iii) a description of the extended election pe-
cepted benefits (as defined in section 9832(c) of (ii) shall not extend beyond the period of riod provided for in paragraph (4)(A);
the Internal Revenue Code of 1986, section COBRA continuation coverage that would have (iv) a description of the obligation of the
733(c) of the Employee Retirement Income Secu- been required under the applicable COBRA con- qualified beneficiary under paragraph (2)(B)
rity Act of 1974, and section 2791(c) of the Public tinuation coverage provision if the coverage had and the penalty provided under section 6720C of
Health Service Act), coverage under a flexible been elected as required under such provision. the Internal Revenue Code of 1986 for failure to
spending arrangement (as defined in section (5) EXPEDITED REVIEW OF DENIALS OF PRE- carry out the obligation;
106(c)(2) of the Internal Revenue Code of 1986), MIUM ASSISTANCE.—In any case in which an in- (v) a description, displayed in a prominent
coverage under a qualified small employer dividual requests treatment as an assistance eli- manner, of the qualified beneficiary’s right to a
health reimbursement arrangement (as defined gible individual described in paragraph (3) and reduced premium and any conditions on entitle-
in section 9831(d)(2) of the Internal Revenue is denied such treatment by the group health ment to the reduced premium; and
Code of 1986)), or eligible for benefits under the plan, the Secretary of Labor (or the Secretary of (vi) a description of the option of the qualified
Medicare program under title XVIII of the So- Health and Human Services in connection with beneficiary to enroll in different coverage if the
cial Security Act; or COBRA continuation coverage which is pro- employer permits such beneficiary to elect to en-
(ii) the earlier of— vided other than pursuant to part 6 of subtitle roll in such different coverage under paragraph
(I) the date following the expiration of the B of title I of the Employee Retirement Income (1)(B).
maximum period of continuation coverage re- Security Act of 1974), in consultation with the (C) NOTICE IN CONNECTION WITH EXTENDED
quired under the applicable COBRA continu- Secretary of the Treasury, shall provide for ex- ELECTION PERIODS.—In the case of any assist-
ation coverage provision; or pedited review of such denial. An individual ance eligible individual described in paragraph
(II) the date following the expiration of the shall be entitled to such review upon applica- (3) (or any individual described in paragraph
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period of continuation coverage allowed under tion to such Secretary in such form and manner (4)(A)) who became entitled to elect COBRA
paragraph (4)(B)(ii). as shall be provided by such Secretary, in con- continuation coverage before the first day of the
(B) NOTIFICATION REQUIREMENT.—Any assist- sultation with the Secretary of the Treasury. first month beginning after the date of the en-
ance eligible individual shall notify the group Such Secretary shall make a determination re- actment of this Act, the administrator of the ap-
health plan with respect to which paragraph garding such individual’s eligibility within 15 plicable group health plan (or other entity)
(1)(A) applies if such paragraph ceases to apply business days after receipt of such individual’s shall provide (within 60 days after such first
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H816 CONGRESSIONAL RECORD — HOUSE February 26, 2021
day of such first month) for the additional noti- (6)(C). Information on such premium assistance, against the tax imposed by section 3111(b), or so
fication required to be provided under subpara- including enrollment, shall also be made avail- much of the taxes imposed under section 3221(a)
graph (A) and failure to provide such notice able on websites of the Departments of Labor, as are attributable to the rate in effect under
shall be treated as a failure to meet the notice Treasury, and Health and Human Services. section 3111(b), for each calendar quarter an
requirements under the applicable COBRA con- (B) ENROLLMENT UNDER MEDICARE.—The Sec- amount equal to the premiums not paid by as-
tinuation provision. retary of Health and Human Services shall pro- sistance eligible individuals for such coverage by
(D) MODEL NOTICES.—Not later than 30 days vide outreach consisting of public education. reason of such section 9501(a)(1) with respect to
after the date of enactment of this Act, with re- Such outreach shall target individuals who lose such calendar quarter.
spect to any assistance eligible individual de- health insurance coverage. Such outreach shall ‘‘(b) PERSON TO WHOM PREMIUMS ARE PAY-
scribed in paragraph (3), the Secretary of Labor, include information regarding enrollment for ABLE.—For purposes of subsection (a), except as
in consultation with the Secretary of the Treas- Medicare benefits for purposes of preventing otherwise provided by the Secretary, the person
ury and the Secretary of Health and Human mistaken delays of such enrollment by such in- to whom premiums are payable under such con-
Services, shall prescribe models for the addi- dividuals, including lifetime penalties for failure tinuation coverage shall be treated as being—
tional notification required under this para- of timely enrollment. ‘‘(1) in the case of any group health plan
graph. (10) DEFINITIONS.—For purposes of this sec- which is a multiemployer plan (as defined in
(7) NOTICE OF EXPIRATION OF PERIOD OF PRE- tion: section 3(37) of the Employee Retirement Income
MIUM ASSISTANCE.— (A) ADMINISTRATOR.—The term ‘‘adminis- Security Act of 1974), the plan,
(A) IN GENERAL.—With respect to any assist- trator’’ has the meaning given such term in sec- ‘‘(2) in the case of any group health plan not
ance eligible individual, subject to subpara- tion 3(16)(A) of the Employee Retirement Income described in paragraph (1)—
graph (B), the requirements of section 606(a)(4) Security Act of 1974. ‘‘(A) which is subject to the COBRA continu-
of the Employee Retirement Income Security Act (B) COBRA CONTINUATION COVERAGE.—The ation provisions contained in—
of 1974 (29 U.S.C. 1166(4)), section 4980B(f)(6)(D) term ‘‘COBRA continuation coverage’’ means ‘‘(i) the Internal Revenue Code of 1986,
of the Internal Revenue Code of 1986, or section continuation coverage provided pursuant to ‘‘(ii) the Employee Retirement Income Security
2206(4) of the Public Health Service Act (42 part 6 of subtitle B of title I of the Employee Re- Act of 1974, or
U.S.C. 300bb–6(4)), shall not be treated as met tirement Income Security Act of 1974 (other than ‘‘(iii) the Public Health Service Act, or
unless the plan administrator of the individual, under section 609), title XXII of the Public ‘‘(B) under which some or all of the coverage
during the period specified under subparagraph Health Service Act, or section 4980B of the In- is not provided by insurance,
(C), provides to such individual a written notice ternal Revenue Code of 1986 (other than sub- the employer maintaining the plan, and
in clear and understandable language— section (f)(1) of such section insofar as it relates ‘‘(3) in the case of any group health plan not
(i) that the premium assistance for such indi- to pediatric vaccines), or under a State program described in paragraph (1) or (2), the insurer
vidual will expire soon and the prominent iden- that provides comparable continuation coverage. providing the coverage under the group health
tification of the date of such expiration; and Such term does not include coverage under a plan.
(ii) that such individual may be eligible for health flexible spending arrangement under a ‘‘(c) LIMITATIONS AND REFUNDABILITY.—
coverage without any premium assistance cafeteria plan within the meaning of section 125 ‘‘(1) CREDIT LIMITED TO CERTAIN EMPLOYMENT
through— of the Internal Revenue Code of 1986. TAXES.—The credit allowed by subsection (a)
(I) COBRA continuation coverage; or (C) COBRA CONTINUATION PROVISION.—The with respect to any calendar quarter shall not
(II) coverage under a group health plan. term ‘‘COBRA continuation provision’’ means exceed the tax imposed by section 3111(b), or so
(B) EXCEPTION.—The requirement for the the provisions of law described in subparagraph much of the taxes imposed under section 3221(a)
group health plan administrator to provide the (B). as are attributable to the rate in effect under
written notice under subparagraph (A) shall be (D) COVERED EMPLOYEE.—The term ‘‘covered section 3111(b), for such calendar quarter (re-
waived if the premium assistance for such indi- employee’’ has the meaning given such term in duced by any credits allowed against such taxes
vidual expires pursuant to clause (i) of para- section 607(2) of the Employee Retirement In- under sections 3131, 3132, and 3134 on the wages
graph (2)(A). come Security Act of 1974. paid with respect to the employment of all em-
(C) PERIOD SPECIFIED.—For purposes of sub- (E) QUALIFIED BENEFICIARY.—The term ployees of the employer.
paragraph (A), the period specified in this sub- ‘‘qualified beneficiary’’ has the meaning given ‘‘(2) REFUNDABILITY OF EXCESS CREDIT.—
paragraph is, with respect to the date of expira- such term in section 607(3) of the Employee Re- ‘‘(A) CREDIT IS REFUNDABLE.—If the amount
tion of premium assistance for any assistance el- tirement Income Security Act of 1974. of the credit under subsection (a) exceeds the
igible individual pursuant to a limitation requir- (F) GROUP HEALTH PLAN.—The term ‘‘group limitation of paragraph (1) for any calendar
ing a notice under this paragraph, the period health plan’’ has the meaning given such term quarter, such excess shall be treated as an over-
beginning on the day that is 45 days before the in section 607(1) of the Employee Retirement In- payment that shall be refunded under sections
date of such expiration and ending on the day come Security Act of 1974. 6402(a) and 6413(b).
that is 15 days before the date of such expira- (G) STATE.—The term ‘‘State’’ includes the ‘‘(B) CREDIT MAY BE ADVANCED.—In anticipa-
tion. District of Columbia, the Commonwealth of tion of the credit, including the refundable por-
(D) MODEL NOTICES.—Not later than 45 days Puerto Rico, the Virgin Islands, Guam, Amer- tion under subparagraph (A), the credit may be
after the date of enactment of this Act, with re- ican Samoa, and the Commonwealth of the advanced, according to forms and instructions
spect to any assistance eligible individual, the Northern Mariana Islands. provided by the Secretary, up to an amount cal-
Secretary of Labor, in consultation with the (H) PERIOD OF COVERAGE.—Any reference in culated under subsection (a) through the end of
Secretary of the Treasury and the Secretary of this subsection to a period of coverage shall be the most recent payroll period in the quarter.
Health and Human Services, shall prescribe treated as a reference to a monthly or shorter ‘‘(C) TREATMENT OF DEPOSITS.—The Secretary
models for the notification required under this period of coverage with respect to which pre- shall waive any penalty under section 6656 for
paragraph. miums are charged with respect to such cov- any failure to make a deposit of the tax imposed
(8) REGULATIONS.—The Secretary of the erage. by section 3111(b), or so much of the taxes im-
Treasury and the Secretary of Labor may joint- (I) PLAN SPONSOR.—The term ‘‘plan sponsor’’ posed under section 3221(a) as are attributable
ly prescribe such regulations or other guidance has the meaning given such term in section to the rate in effect under section 3111(b), if the
as may be necessary or appropriate to carry out 3(16)(B) of the Employee Retirement Income Se- Secretary determines that such failure was due
the provisions of this subsection, including the curity Act of 1974. to the anticipation of the credit allowed under
prevention of fraud and abuse under this sub- (J) PREMIUM.—The term ‘‘premium’’ includes, this section.
section, except that the Secretary of Labor and with respect to COBRA continuation coverage, ‘‘(D) TREATMENT OF PAYMENTS.—For purposes
the Secretary of Health and Human Services any administrative fee. of section 1324 of title 31, United States Code,
may prescribe such regulations (including in- (11) IMPLEMENTATION FUNDING.—In addition any amounts due to an employer under this
terim final regulations) or other guidance as to amounts otherwise made available, out of any paragraph shall be treated in the same manner
may be necessary or appropriate to carry out funds in the Treasury not otherwise appro- as a refund due from a credit provision referred
the provisions of paragraphs (5), (6), (7), and priated, there are appropriated to the Secretary to in subsection (b)(2) of such section.
(9). of Labor for fiscal year 2021, $10,000,000, to re- ‘‘(3) OVERSTATEMENTS.—Any overstatement of
(9) OUTREACH.— main available until expended, for the Employee the credit to which a person is entitled under
(A) IN GENERAL.—The Secretary of Labor, in Benefits Security Administration to carry out this section (and any amount paid by the Sec-
consultation with the Secretary of the Treasury the provisions of this subtitle. retary as a result of such overstatement) shall
and the Secretary of Health and Human Serv- (b) COBRA PREMIUM ASSISTANCE.— be treated as an underpayment by such person
ices, shall provide outreach consisting of public (1) ALLOWANCE OF CREDIT.— of the taxes described in paragraph (1) and may
education and enrollment assistance relating to (A) IN GENERAL.—Subchapter B of chapter 65 be assessed and collected by the Secretary in the
premium assistance provided under this sub- of the Internal Revenue Code of 1986 is amended same manner as such taxes.
section. Such outreach shall target employers, by adding at the end the following new section: ‘‘(d) GOVERNMENTAL ENTITIES.—For purposes
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group health plan administrators, public assist- ‘‘SEC. 6432. CONTINUATION COVERAGE PREMIUM of this section, the term ‘person’ includes the
ance programs, States, insurers, and other enti- ASSISTANCE. government of any State or political subdivision
ties as determined appropriate by such Secre- ‘‘(a) IN GENERAL.—The person to whom pre- thereof, any Indian tribal government (as de-
taries. Such outreach shall include an initial miums are payable for continuation coverage fined in section 139E(c)(1)), any agency or in-
focus on those individuals electing continuation under section 9501(a)(1) of the American Rescue strumentality of any of the foregoing, and any
coverage who are referred to in paragraph Plan Act of 2021 shall be allowed as a credit agency or instrumentality of the Government of
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H817
the United States that is described in section individual elects continuation coverage under Subtitle G—Promoting Economic Security
501(c)(1) and exempt from taxation under sec- subsection (a)(1). PART 1—2021 RECOVERY REBATES TO
tion 501(a). (2) PENALTY FOR FAILURE TO NOTIFY HEALTH INDIVIDUALS
‘‘(e) DENIAL OF DOUBLE BENEFIT.—For pur- PLAN OF CESSATION OF ELIGIBILITY FOR PREMIUM SEC. 9601. 2021 RECOVERY REBATES TO INDIVID-
poses of chapter 1, the gross income of any per- ASSISTANCE.— UALS.
son allowed a credit under this section shall be (A) IN GENERAL.—Part I of subchapter B of (a) IN GENERAL.—Subchapter B of chapter 65
increased for the taxable year which includes chapter 68 of the Internal Revenue Code of 1986 of the Internal Revenue Code of 1986 is amended
the last day of any calendar quarter with re- is amended by adding at the end the following by inserting after section 6428A the following
spect to which such credit is allowed by the new section: new section:
amount of such credit. No credit shall be al- ‘‘SEC. 6720C. PENALTY FOR FAILURE TO NOTIFY ‘‘SEC. 6428B. 2021 RECOVERY REBATES TO INDI-
lowed under this section with respect to any HEALTH PLAN OF CESSATION OF VIDUALS.
amount which is taken into account as qualified ELIGIBILITY FOR CONTINUATION ‘‘(a) IN GENERAL.—In the case of an eligible
wages under section 2301 of the CARES Act or COVERAGE PREMIUM ASSISTANCE. individual, there shall be allowed as a credit
section 3134 of this title or as qualified health ‘‘(a) IN GENERAL.—Except in the case of a against the tax imposed by subtitle A for the
plan expenses under section 7001(d) or 7003(d) of failure described in subsection (b) or (c), any first taxable year beginning in 2021 an amount
the Families First Coronavirus Response Act or person required to notify a group health plan equal to the 2021 rebate amount determined for
section 3131 or 3132 of this title. under section 9501(a)(2)(B) of the American Res- such taxable year.
‘‘(f) EXTENSION OF LIMITATION ON ASSESS- cue Plan Act of 2021 who fails to make such a ‘‘(b) 2021 REBATE AMOUNT.—For purposes of
MENT.—Notwithstanding section 6501, the limi- notification at such time and in such manner as this section, the term ‘2021 rebate amount’
tation on the time period for the assessment of the Secretary of Labor may require shall pay a means, with respect to any taxpayer for any
any amount attributable to a credit claimed penalty of $250 for each such failure. taxable year, the sum of—
under this section shall not expire before the ‘‘(b) INTENTIONAL FAILURE.—In the case of ‘‘(1) $1,400 ($2,800 in the case of a joint re-
date that is 5 years after the later of— any such failure that is fraudulent, such person turn), plus
‘‘(1) the date on which the original return shall pay a penalty equal to the greater of— ‘‘(2) $1,400 multiplied by the number of de-
which includes the calendar quarter with re- ‘‘(1) $250, or pendents of the taxpayer for such taxable year.
spect to which such credit is determined is filed, ‘‘(c) ELIGIBLE INDIVIDUAL.—For purposes of
‘‘(2) 110 percent of the premium assistance
or this section, the term ‘eligible individual’ means
provided under section 9501(a)(1)(A) of the
‘‘(2) the date on which such return is treated any individual other than—
American Rescue Plan Act of 2021 after termi-
as filed under section 6501(b)(2). ‘‘(1) any nonresident alien individual,
nation of eligibility under such section.
‘‘(g) REGULATIONS.—The Secretary shall issue ‘‘(2) any individual who is a dependent of an-
such regulations, or other guidance, forms, in- ‘‘(c) REASONABLE CAUSE EXCEPTION.—No pen-
other taxpayer for a taxable year beginning in
structions, and publications, as may be nec- alty shall be imposed under this section with re-
the calendar year in which the individual’s tax-
essary or appropriate to carry out this section, spect to any failure if it is shown that such fail-
able year begins, and
including— ure is due to reasonable cause and not to willful
‘‘(3) an estate or trust.
‘‘(1) the requirement to report information or neglect.’’. ‘‘(d) LIMITATION BASED ON ADJUSTED GROSS
the establishment of other methods for verifying (B) CLERICAL AMENDMENT.—The table of sec- INCOME.—
the correct amounts of reimbursements under tions of part I of subchapter B of chapter 68 of ‘‘(1) IN GENERAL.—The amount of the credit
this section, such Code is amended by adding at the end the allowed by subsection (a) (determined without
‘‘(2) the application of this section to group following new item: regard to this subsection and subsection (f))
health plans that are multiemployer plans (as ‘‘Sec. 6720C. Penalty for failure to notify health shall be reduced (but not below zero) by the
defined in section 3(37) of the Employee Retire- plan of cessation of eligibility for amount which bears the same ratio to such cred-
ment Income Security Act of 1974), continuation coverage premium it (as so determined) as—
‘‘(3) to allow the advance payment of the assistance.’’. ‘‘(A) the excess of—
credit determined under subsection (a), subject (3) COORDINATION WITH HCTC.— ‘‘(i) the taxpayer’s adjusted gross income for
to the limitations provided in this section, based (A) IN GENERAL.—Section 35(g)(9) of the Inter- such taxable year, over
on such information as the Secretary shall re- nal Revenue Code of 1986 is amended to read as ‘‘(ii) $75,000, bears to
quire, follows: ‘‘(B) $25,000.
‘‘(4) to provide for the reconciliation of such ‘‘(2) SPECIAL RULES.—
‘‘(9) CONTINUATION COVERAGE PREMIUM AS- ‘‘(A) JOINT RETURN OR SURVIVING SPOUSE.—In
advance payment with the amount of the credit SISTANCE.—In the case of an assistance eligible
at the time of filing the return of tax for the ap- the case of a joint return or a surviving spouse
individual who receives premium assistance for (as defined in section 2(a)), paragraph (1) shall
plicable quarter or taxable year, and continuation coverage under section 9501(a)(1)
‘‘(5) allowing the credit to third party payors be applied by substituting ‘$150,000’ for ‘$75,000’
of the American Rescue Plan Act of 2021 for any and ‘$50,000’ for ‘$25,000’.
(including professional employer organizations, month during the taxable year, such individual
certified professional employer organizations, or ‘‘(B) HEAD OF HOUSEHOLD.—In the case of a
shall not be treated as an eligible individual, a head of household (as defined in section 2(b)),
agents under section 3504).’’. certified individual, or a qualifying family mem-
(B) CLERICAL AMENDMENT.—The table of sec- paragraph (1) shall be applied by substituting
ber for purposes of this section or section 7527 ‘$112,500’ for ‘$75,000’ and ‘$37,500’ for ‘$25,000’.
tions for subchapter B of chapter 65 of the In- with respect to such month.’’.
ternal Revenue Code of 1986 is amended by add- ‘‘(e) DEFINITIONS AND SPECIAL RULES.—
(B) EFFECTIVE DATE.—The amendment made ‘‘(1) DEPENDENT DEFINED.—For purposes of
ing at the end the following new item: by subparagraph (A) shall apply to taxable this section, the term ‘dependent’ has the mean-
‘‘Sec. 6432. Continuation coverage premium as- years ending after the date of the enactment of ing given such term by section 152.
sistance.’’. this Act. ‘‘(2) IDENTIFICATION NUMBER REQUIREMENT.—
(C) EFFECTIVE DATE.—The amendments made (4) EXCLUSION OF CONTINUATION COVERAGE ‘‘(A) IN GENERAL.—In the case of a return
by this paragraph shall apply to premiums to PREMIUM ASSISTANCE FROM GROSS INCOME.— other than a joint return, the $1,400 amount in
which subsection (a)(1)(A) applies and wages (A) IN GENERAL.—Part III of subchapter B of subsection (b)(1) shall be treated as being zero
paid on or after April 1, 2021. chapter 1 of the Internal Revenue Code of 1986 unless the taxpayer includes the valid identi-
(D) SPECIAL RULE IN CASE OF EMPLOYEE PAY- is amended by inserting after section 139H the fication number of the taxpayer on the return of
MENT THAT IS NOT REQUIRED UNDER THIS SEC- following new section: tax for the taxable year.
TION.— ‘‘(B) JOINT RETURNS.—In the case of a joint
‘‘SEC. 139I. CONTINUATION COVERAGE PREMIUM
(i) IN GENERAL.—In the case of an assistance ASSISTANCE. return, the $2,800 amount in subsection (b)(1)
eligible individual who pays, with respect any shall be treated as being—
‘‘In the case of an assistance eligible indi-
period of coverage to which subsection (a)(1)(A) ‘‘(i) $1,400 if the valid identification number of
vidual (as defined in subsection (a)(3) of section
applies, the amount of the premium for such only 1 spouse is included on the return of tax
9501 of the American Rescue Plan Act of 2021),
coverage that the individual would have (but for the taxable year, and
gross income does not include any premium as-
for this Act) been required to pay, the person to ‘‘(ii) zero if the valid identification number of
sistance provided under subsection (a)(1) of
whom such payment is payable shall reimburse neither spouse is so included.
such section.’’.
such individual for the amount of such premium ‘‘(C) DEPENDENTS.—A dependent shall not be
paid in excess of the amount required to be paid (B) CLERICAL AMENDMENT.—The table of sec-
taken into account under subsection (b)(2) un-
under subsection (a)(1)(A). tions for part III of subchapter B of chapter 1
less the valid identification number of such de-
(ii) CREDIT OF REIMBURSEMENT.—A person to of such Code is amended by inserting after the
pendent is included on the return of tax for the
which clause (i) applies shall be allowed a credit item relating to section 139H the following new
taxable year.
in the manner provided under section 6432 of the item: ‘‘(D) VALID IDENTIFICATION NUMBER.—
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Internal Revenue Code of 1986 for any payment ‘‘Sec. 139I. Continuation coverage premium as- ‘‘(i) IN GENERAL.—For purposes of this para-
made to the employee under such clause. sistance.’’. graph, the term ‘valid identification number’
(iii) PAYMENT OF CREDITS.—Any person to (C) EFFECTIVE DATE.—The amendments made means a social security number issued to an in-
which clause (i) applies shall make the payment by this paragraph shall apply to taxable years dividual by the Social Security Administration
required under such clause to the individual not ending after the date of the enactment of this on or before the due date for filing the return
later than 60 days after the date on which such Act. for the taxable year.
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H818 CONGRESSIONAL RECORD — HOUSE February 26, 2021
‘‘(ii) ADOPTION TAXPAYER IDENTIFICATION for the taxable year for purposes of applying increase in the balance of any previously issued
NUMBER.—For purposes of subparagraph (C), in subsection (e)(2)(B) with respect to such joint prepaid debit card if, as of the time of the
the case of a dependent who is adopted or return, and issuance of such card, such card was issued
placed for adoption, the term ‘valid identifica- ‘‘(iii) no amount shall be determined under solely for purposes of making payments under
tion number’ shall include the adoption tax- subsection (e)(2) with respect to any dependent section 6428 or 6428A.
payer identification number of such dependent. of the taxpayer if the taxpayer (both spouses in ‘‘(h) REGULATIONS.—The Secretary shall pre-
‘‘(E) SPECIAL RULE FOR MEMBERS OF THE the case of a joint return) was deceased before scribe such regulations or other guidance as
ARMED FORCES.—Subparagraph (B) shall not January 1, 2021. may be necessary or appropriate to carry out
apply in the case where at least 1 spouse was a ‘‘(3) TIMING AND MANNER OF PAYMENTS.—The the purposes of this section, including—
member of the Armed Forces of the United Secretary shall, subject to the provisions of this ‘‘(1) regulations or other guidance providing
States at any time during the taxable year and title and consistent with rules similar to the taxpayers the opportunity to provide the Sec-
the valid identification number of at least 1 rules of subparagraphs (B) and (C) of section retary information sufficient to allow the Sec-
spouse is included on the return of tax for the 6428A(f)(3), refund or credit any overpayment retary to make payments to such taxpayers
taxable year. attributable to this subsection as rapidly as pos- under subsection (g) (including the determina-
‘‘(F) COORDINATION WITH CERTAIN ADVANCE sible, consistent with a rapid effort to make pay- tion of the amount of such payment) if such in-
PAYMENTS.—In the case of any payment deter- ments attributable to such overpayments elec- formation is not otherwise available to the Sec-
mined pursuant to subsection (g)(6), a valid tronically if appropriate. No refund or credit retary, and
identification number shall be treated for pur- shall be made or allowed under this subsection ‘‘(2) regulations or other guidance to ensure to
poses of this paragraph as included on the tax- after December 31, 2021. the maximum extent administratively prac-
payer’s return of tax if such valid identification ‘‘(4) NO INTEREST.—No interest shall be al- ticable that, in determining the amount of any
number is available to the Secretary as described lowed on any overpayment attributable to this credit under subsection (a) and any credit or re-
in such subsection. subsection. fund under subsection (g), an individual is not
‘‘(G) MATHEMATICAL OR CLERICAL ERROR AU- ‘‘(5) APPLICATION TO INDIVIDUALS WHO HAVE taken into account more than once, including
THORITY.—Any omission of a correct valid iden- FILED A RETURN OF TAX FOR 2020.— by different taxpayers and including by reason
tification number required under this paragraph ‘‘(A) APPLICATION TO 2020 RETURNS FILED AT of a change in joint return status or dependent
shall be treated as a mathematical or clerical TIME OF INITIAL DETERMINATION.—If, at the time status between the taxable year for which an
error for purposes of applying section 6213(g)(2) of any determination made pursuant to para- advance refund amount is determined and the
to such omission. graph (3), the individual referred to in para- taxable year for which a credit under subsection
‘‘(3) CREDIT TREATED AS REFUNDABLE.—The graph (1) has filed a return of tax for the indi- (a) is determined.
credit allowed by subsection (a) shall be treated vidual’s first taxable year beginning in 2020, ‘‘(i) OUTREACH.—The Secretary shall carry
as allowed by subpart C of part IV of sub- paragraph (1) shall be applied with respect to out a robust and comprehensive outreach pro-
chapter A of chapter 1. such individual by substituting ‘2020’ for ‘2019’. gram to ensure that all taxpayers described in
‘‘(f) COORDINATION WITH ADVANCE REFUNDS ‘‘(B) ADDITIONAL PAYMENT.— subsection (h)(1) learn of their eligibility for the
OF CREDIT.— ‘‘(i) IN GENERAL.—In the case of any indi- advance refunds and credits under subsection
‘‘(1) REDUCTION OF REFUNDABLE CREDIT.—The vidual who files, before the additional payment (g); are advised of the opportunity to receive
amount of the credit which would (but for this determination date, a return of tax for such in- such advance refunds and credits as provided
paragraph) be allowable under subsection (a) dividual’s first taxable year beginning in 2020, under subsection (h)(1); and are provided assist-
shall be reduced (but not below zero) by the ag- the Secretary shall make a payment (in addition ance in applying for such advance refunds and
gregate refunds and credits made or allowed to to any payment made under paragraph (1)) to credits.’’.
the taxpayer (or, except as otherwise provided such individual equal to the excess (if any) of— (b) TREATMENT OF CERTAIN POSSESSIONS.—
by the Secretary, any dependent of the tax- ‘‘(I) the amount which would be determined (1) PAYMENTS TO POSSESSIONS WITH MIRROR
payer) under subsection (g). Any failure to so under paragraph (1) (after the application of CODE TAX SYSTEMS.—The Secretary of the Treas-
reduce the credit shall be treated as arising out subparagraph (A)) by applying paragraph (1) as ury shall pay to each possession of the United
of a mathematical or clerical error and assessed of the additional payment determination date, States which has a mirror code tax system
according to section 6213(b)(1). over amounts equal to the loss (if any) to that posses-
‘‘(2) JOINT RETURNS.—Except as otherwise pro- ‘‘(II) the amount of any payment made with sion by reason of the amendments made by this
vided by the Secretary, in the case of a refund respect to such individual under paragraph (1). section. Such amounts shall be determined by
or credit made or allowed under subsection (g) ‘‘(ii) ADDITIONAL PAYMENT DETERMINATION the Secretary of the Treasury based on informa-
with respect to a joint return, half of such re- DATE.—The term ‘additional payment deter- tion provided by the government of the respec-
fund or credit shall be treated as having been mination date’ means the earlier of— tive possession.
made or allowed to each individual filing such ‘‘(I) the date which is 90 days after the 2020 (2) PAYMENTS TO OTHER POSSESSIONS.—The
return. calendar year filing deadline, or Secretary of the Treasury shall pay to each pos-
‘‘(g) ADVANCE REFUNDS AND CREDITS.— ‘‘(II) September 1, 2021. session of the United States which does not have
‘‘(1) IN GENERAL.—Subject to paragraphs (5) ‘‘(iii) 2020 CALENDAR YEAR FILING DEADLINE.— a mirror code tax system amounts estimated by
and (6), each individual who was an eligible in- The term ‘2020 calendar year filing deadline’ the Secretary of the Treasury as being equal to
dividual for such individual’s first taxable year means the date specified in section 6072(a) with the aggregate benefits (if any) that would have
beginning in 2019 shall be treated as having respect to returns for calendar year 2020. Such been provided to residents of such possession by
made a payment against the tax imposed by date shall be determined after taking into ac- reason of the amendments made by this section
chapter 1 for such taxable year in an amount count any period disregarded under section if a mirror code tax system had been in effect in
equal to the advance refund amount for such 7508A if such disregard applies to substantially such possession. The preceding sentence shall
taxable year. all returns for calendar year 2020 to which sec- not apply unless the respective possession has a
‘‘(2) ADVANCE REFUND AMOUNT.— tion 6072(a) applies. plan, which has been approved by the Secretary
‘‘(A) IN GENERAL.—For purposes of paragraph ‘‘(6) APPLICATION TO CERTAIN INDIVIDUALS of the Treasury, under which such possession
(1), the advance refund amount is the amount WHO HAVE NOT FILED A RETURN OF TAX FOR 2019 will promptly distribute such payments to its
that would have been allowed as a credit under OR 2020 AT TIME OF DETERMINATION.—In the case residents.
this section for such taxable year if this section of any individual who, at the time of any deter- (3) INCLUSION OF ADMINISTRATIVE EXPENSES.—
(other than subsection (f) and this subsection) mination made pursuant to paragraph (3), has The Secretary of the Treasury shall pay to each
had applied to such taxable year. filed a tax return for neither the year described possession of the United States to which the
‘‘(B) TREATMENT OF DECEASED INDIVIDUALS.— in paragraph (1) nor for the year described in Secretary makes a payment under paragraph (1)
For purposes of determining the advance refund paragraph (5)(A), the Secretary shall, consistent or (2) an amount equal to the lesser of—
amount with respect to such taxable year— with rules similar to the rules of section (A) the increase (if any) of the administrative
‘‘(i) any individual who was deceased before 6428A(f)(5)(H)(i), apply paragraph (1) on the expenses of such possession—
January 1, 2021, shall be treated for purposes of basis of information available to the Secretary (i) in the case of a possession described in
applying subsection (e)(2) in the same manner and shall, on the basis of such information, de- paragraph (1), by reason of the amendments
as if the valid identification number of such per- termine the advance refund amount with respect made by this section, and
son was not included on the return of tax for to such individual without regard to subsection (ii) in the case of a possession described in
such taxable year (except that subparagraph (E) (d) unless the Secretary has reason to know that paragraph (2), by reason of carrying out the
thereof shall not apply), such amount would otherwise be reduced by plan described in such paragraph, or
‘‘(ii) notwithstanding clause (i), in the case of reason of such subsection. (B) $500,000 ($10,000,000 in the case of Puerto
a joint return with respect to which only 1 ‘‘(7) SPECIAL RULE RELATED TO TIME OF FILING Rico).
spouse is deceased before January 1, 2021, such RETURN.—Solely for purposes of this subsection, The amount described in subparagraph (A) shall
deceased spouse was a member of the Armed a return of tax shall not be treated as filed until be determined by the Secretary of the Treasury
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Forces of the United States at any time during such return has been processed by the Internal based on information provided by the govern-
the taxable year, and the valid identification Revenue Service. ment of the respective possession.
number of such deceased spouse is included on ‘‘(8) RESTRICTION ON USE OF CERTAIN PRE- (4) COORDINATION WITH CREDIT ALLOWED
the return of tax for the taxable year, the valid VIOUSLY ISSUED PREPAID DEBIT CARDS.—Pay- AGAINST UNITED STATES INCOME TAXES.—No
identification number of 1 (and only 1) spouse ments made by the Secretary to individuals credit shall be allowed against United States in-
shall be treated as included on the return of tax under this section shall not be in the form of an come taxes under section 6428B of the Internal
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H819
Revenue Code of 1986 (as added by this section), PART 2—CHILD TAX CREDIT (b) ADVANCE PAYMENT OF CREDIT.—
nor shall any credit or refund be made or al- SEC. 9611. CHILD TAX CREDIT IMPROVEMENTS (1) IN GENERAL.—Chapter 77 of such Code is
lowed under subsection (g) of such section, to FOR 2021. amended by inserting after section 7527 the fol-
any person— (a) IN GENERAL.—Section 24 of the Internal lowing new section:
(A) to whom a credit is allowed against taxes Revenue Code of 1986 is amended by adding at ‘‘SEC. 7527A. ADVANCE PAYMENT OF CHILD TAX
imposed by the possession by reason of the CREDIT.
the end the following new subsection:
amendments made by this section, or ‘‘(i) SPECIAL RULES FOR 2021.—In the case of ‘‘(a) IN GENERAL.—The Secretary shall estab-
any taxable year beginning after December 31, lish a program for making periodic payments to
(B) who is eligible for a payment under a plan
2020, and before January 1, 2022— taxpayers which, in the aggregate during any
described in paragraph (2).
‘‘(1) REFUNDABLE CREDIT.—If the taxpayer (in calendar year, equal the annual advance
(5) MIRROR CODE TAX SYSTEM.—For purposes amount determined with respect to such tax-
of this subsection, the term ‘‘mirror code tax sys- the case of a joint return, either spouse) has a
principal place of abode in the United States payer for such calendar year. Except as pro-
tem’’ means, with respect to any possession of vided in subsection (b)(3)(B), the periodic pay-
the United States, the income tax system of such (determined as provided in section 32) for more
than one-half of the taxable year or is a bona ments made to any taxpayer for any calendar
possession if the income tax liability of the resi- year shall be in equal amounts.
dents of such possession under such system is fide resident of Puerto Rico (within the meaning
‘‘(b) ANNUAL ADVANCE AMOUNT.—For pur-
determined by reference to the income tax laws of section 937(a)) for such taxable year—
poses of this section—
of the United States as if such possession were ‘‘(A) subsection (d) shall not apply, and ‘‘(1) IN GENERAL.—Except as otherwise pro-
the United States. ‘‘(B) so much of the credit determined under vided in this subsection, the term ‘annual ad-
subsection (a) (after application of subpara- vance amount’ means, with respect to any tax-
(6) TREATMENT OF PAYMENTS.—For purposes
graph (A)) as does not exceed the amount of payer for any calendar year, the amount (if
of section 1324 of title 31, United States Code,
such credit which would be so determined with- any) which is estimated by the Secretary as
the payments under this subsection shall be
out regard to subsection (h)(4) shall be allowed being equal to 50 percent of the amount which
treated in the same manner as a refund due
under subpart C (and not allowed under this would be treated as allowed under subpart C of
from a credit provision referred to in subsection
subpart). part IV of subchapter A of chapter 1 by reason
(b)(2) of such section.
‘‘(2) 17-YEAR-OLDS ELIGIBLE FOR TREATMENT of section 24(i)(1) for the taxpayer’s taxable year
(c) ADMINISTRATIVE PROVISIONS.— AS QUALIFYING CHILDREN.—This section shall be
(1) DEFINITION OF DEFICIENCY.—Section beginning in such calendar year if—
applied— ‘‘(A) the status of the taxpayer as a taxpayer
6211(b)(4)(A) of the Internal Revenue Code of ‘‘(A) by substituting ‘age 18’ for ‘age 17’ in described in section 24(i)(1) is determined with
1986 is amended by striking ‘‘6428, and 6428A’’ subsection (c)(1), and respect to the reference taxable year,
and inserting ‘‘6428, 6428A, and 6428B’’. ‘‘(B) by substituting ‘described in subsection ‘‘(B) the taxpayer’s modified adjusted gross
(2) EXCEPTION FROM REDUCTION OR OFFSET.— (c) (determined after the application of sub- income for such taxable year is equal to the tax-
Any refund payable by reason of section section (i)(2)(A))’ for ‘described in subsection payer’s modified adjusted gross income for the
6428B(g) of the Internal Revenue Code of 1986 (c)’ in subsection (h)(4)(A). reference taxable year,
(as added by this section), or any such refund ‘‘(3) CREDIT AMOUNT.—Subsection (h)(2) shall ‘‘(C) the only children of such taxpayer for
payable by reason of subsection (b) of this sec- not apply and subsection (a) shall be applied by such taxable year are qualifying children prop-
tion, shall not be — substituting ‘$3,000 ($3,600 in the case of a quali- erly claimed on the taxpayer’s return of tax for
(A) subject to reduction or offset pursuant to fying child who has not attained age 6 as of the the reference taxable year, and
subsection (c), (d), (e), or (f) of section 6402 of close of the calendar year in which the taxable ‘‘(D) the ages of such children (and the status
the Internal Revenue Code of 1986, or year of the taxpayer begins)’ for ‘$1,000’. of such children as qualifying children) are de-
(B) reduced or offset by other assessed Federal ‘‘(4) REDUCTION OF INCREASED CREDIT AMOUNT termined for such taxable year by taking into
taxes that would otherwise be subject to levy or BASED ON MODIFIED ADJUSTED GROSS INCOME.— account the passage of time since the reference
collection. ‘‘(A) IN GENERAL.—The amount of the credit taxable year.
(3) CONFORMING AMENDMENTS.— allowable under subsection (a) (determined ‘‘(2) REFERENCE TAXABLE YEAR.—Except as
without regard to subsection (b)) shall be re- provided in paragraph (3)(A), the term ‘ref-
(A) Paragraph (2) of section 1324(b) of title 31,
duced by $50 for each $1,000 (or fraction thereof) erence taxable year’ means, with respect to any
United States Code, is amended by inserting
by which the taxpayer’s modified adjusted gross taxpayer for any calendar year, the taxpayer’s
‘‘6428B,’’ after ‘‘6428A,’’.
income (as defined in subsection (b)) exceeds the taxable year beginning in the preceding cal-
(B) The table of sections for subchapter B of applicable threshold amount. endar year or, in the case of taxpayer who did
chapter 65 of the Internal Revenue Code of 1986 ‘‘(B) APPLICABLE THRESHOLD AMOUNT.—For not file a return of tax for such taxable year,
is amended by inserting after the item relating purposes of this paragraph, the term ‘applicable the taxpayer’s taxable year beginning in the
to section 6428A the following new item: threshold amount’ means— second preceding calendar year.
‘‘Sec. 6428B. 2021 recovery rebates to individ- ‘‘(i) $150,000, in the case of a joint return or ‘‘(3) MODIFICATIONS DURING CALENDAR
uals.’’. surviving spouse (as defined in section 2(a)) , YEAR.—
(d) APPROPRIATIONS.—Immediately upon the ‘‘(ii) $112,500, in the case of a head of house- ‘‘(A) IN GENERAL.—The Secretary may modify,
enactment of this Act, in addition to amounts hold (as defined in section 2(b)), and during any calendar year, the annual advance
otherwise available, there are appropriated for ‘‘(iii) $75,000, in any other case. amount with respect to any taxpayer for such
fiscal year 2021, out of any money in the Treas- ‘‘(C) LIMITATION ON REDUCTION.— calendar year to take into account—
ury not otherwise appropriated: ‘‘(i) IN GENERAL.—The amount of the reduc- ‘‘(i) a return of tax filed by such taxpayer
tion under subparagraph (A) shall not exceed during such calendar year (and the taxable year
(1) $1,464,500,000 to remain available until
the lesser of— to which such return relates may be taken into
September 30, 2023 for necessary expenses for the
‘‘(I) the applicable credit increase amount, or account as the reference taxable year), and
Internal Revenue Service for the administration ‘‘(ii) any other information provided by the
‘‘(II) 5 percent of the applicable phaseout
of the advance payments, the provision of tax- taxpayer to the Secretary which allows the Sec-
threshold range.
payer assistance, and the furtherance of inte- ‘‘(ii) APPLICABLE CREDIT INCREASE AMOUNT.— retary to determine payments under subsection
grated, modernized, and secure Internal Rev- For purposes of this subparagraph, the term (a) which, in the aggregate during any taxable
enue Service systems, of which up to $20,000,000 ‘applicable credit increase amount’ means the year of the taxpayer, more closely total the Sec-
is available for premium pay for services related excess (if any) of— retary’s estimate of the amount treated as al-
to the development of information technology as ‘‘(I) the amount of the credit allowable under lowed under subpart C of part IV of subchapter
determined by the Commissioner of the Internal this section for the taxable year determined A of chapter 1 by reason of section 24(i)(1) for
Revenue occurring between January 1, 2020 and without regard to this paragraph and subsection such taxable year of such taxpayer.
December 31, 2022, and all of which shall sup- (b), over ‘‘(B) ADJUSTMENT TO REFLECT EXCESS OR DEF-
plement and not supplant any other appropria- ‘‘(II) the amount of such credit as so deter- ICIT IN PRIOR PAYMENTS.—In the case of any
tions that may be available for this purpose. mined and without regard to paragraph (3). modification of the annual advance amount
(2) $7,000,000 to remain available until Sep- ‘‘(iii) APPLICABLE PHASEOUT THRESHOLD under subparagraph (A), the Secretary may ad-
tember 30, 2022, for necessary expenses for the RANGE.—For purposes of this subparagraph, the just the amount of any periodic payment made
Bureau of the Fiscal Service to carry out this term ‘applicable phaseout threshold range’ after the date of such modification to properly
section (and the amendments made by this sec- means the excess of— take into account the amount by which any
tion), which shall supplement and not supplant ‘‘(I) the threshold amount applicable to the periodic payment made before such date was
any other appropriations that may be available taxpayer under subsection (b) (determined after greater than or less than the amount that such
for this purpose, and the application of subsection (h)(3)), over payment would have been on the basis of the
(3) $8,000,000 to remain available until Sep- ‘‘(II) the applicable threshold amount applica- annual advance amount as so modified.
tember 30, 2023, for the Treasury Inspector Gen- ble to the taxpayer under this paragraph. ‘‘(4) DETERMINATION OF STATUS.—If informa-
dlhill on DSK120RN23PROD with House
eral for Tax Administration for the purposes of ‘‘(D) COORDINATION WITH LIMITATION ON tion contained in the taxpayer’s return of tax
overseeing activities related to the administra- OVERALL CREDIT.—Subsection (b) shall be ap- for the reference taxable year does not establish
tion of this section (and the amendments made plied by substituting ‘the credit allowable under the status of the taxpayer as being described in
by this section), which shall supplement and not subsection (a) (determined after the application section 24(i)(1), the Secretary shall, for purposes
supplant any other appropriations that may be of subsection (i)(4)(A)’ for ‘the credit allowable of paragraph (1)(A), determine such status
available for this purpose. under subsection (a)’.’’. based on information known to the Secretary.
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H820 CONGRESSIONAL RECORD — HOUSE February 26, 2021
‘‘(5) TREATMENT OF CERTAIN DEATHS.—A child ‘‘(ii) AMERICAN SAMOA.—The amount other- amount’ means, with respect to any taxable
shall not be taken into account in determining wise paid by the Secretary to American Samoa year, the product of—
the annual advance amount under paragraph under subparagraph (A) of section 24(k)(3) with ‘‘(I) $2,000, multiplied by
(1) if the death of such child is known to the respect to taxable years beginning in 2021 shall ‘‘(II) the excess (if any) of the number of
Secretary as of the beginning of the calendar be increased by $300,000 if the plan described in qualified children taken into account in deter-
year for which the estimate under such para- subparagraph (B) of such section includes a mining the annual advance amount with respect
graph is made. program, which has been approved by the Sec- to the taxpayer under section 7527A with respect
‘‘(c) ON-LINE INFORMATION PORTAL.—The Sec- retary, for making advance payments under to months beginning in such taxable year, over
retary shall establish an on-line portal which rules similar to the rules of this section. the number of qualified children taken into ac-
allows taxpayers to— ‘‘(iii) TIMING OF PAYMENT.—The Secretary count in determining the credit allowed under
‘‘(1) elect not to receive payments under this may pay, upon the request of the possession of this section for such taxable year.’’.
section, and the United States to which the payment is to be (3) COORDINATION WITH WAGE WITHHOLDING.—
‘‘(2) provide information to the Secretary made, the amount of the increase determined Section 3402(f)(1)(C) of such Code is amended by
which would be relevant to a modification under clause (i) or (ii) immediately upon ap- striking ‘‘section 24(a)’’ and inserting ‘‘section
under subsection (b)(3)(B) of the annual ad- proval of the plan referred to in such clause, re- 24 (determined after application of subsection (j)
vance amount, including information regard- spectively. thereof)’’.
ing— ‘‘(f) APPLICATION.—No payments shall be (4) CONFORMING AMENDMENTS.—
‘‘(A) a change in the number of the taxpayer’s made under the program established under sub- (A) Section 26(b)(2) of such Code is amended
qualifying children, including by reason of the section (a) with respect to— by striking ‘‘and’’ at the end of subparagraph
birth of a child, ‘‘(1) any period before July 1, 2021, or (X), by striking the period at the end of sub-
‘‘(B) a change in the taxpayer’s marital sta- ‘‘(2) any period after December 31, 2021. paragraph (Y) and inserting ‘‘, and’’, and by
tus, ‘‘(g) REGULATIONS.—The Secretary shall issue adding at the end the following new subpara-
‘‘(C) a significant change in the taxpayer’s in- such regulations or other guidance as the Sec-
graph:
come, and retary determines necessary or appropriate to ‘‘(Z) section 24(j)(2) (relating to excess ad-
‘‘(D) any other factor which the Secretary carry out the purposes of this section and sub- vance payments).’’.
may provide. sections (i)(1) and (j) of section 24, including (B) Section 6211(b)(4)(A) of such Code, as
‘‘(d) NOTICE OF PAYMENTS.—Not later than regulations or other guidance which provides amended by the preceding provisions of this sub-
January 31 of the calendar year following any for the application of such provisions where the title, is amended—
calendar year during which the Secretary makes filing status of the taxpayer for a taxable year (i) by striking ‘‘24(d)’’ and inserting ‘‘24 by
one or more payments to any taxpayer under is different from the status used for determining reason of subsections (d) and (i)(1) thereof’’,
this section, the Secretary shall provide such the annual advance amount.’’. and
taxpayer with a written notice which includes (2) RECONCILIATION OF CREDIT AND ADVANCE
(ii) by striking ‘‘and 6428B’’ and inserting
the taxpayer’s taxpayer identity (as defined in CREDIT.—Section 24 of such Code, as amended
‘‘6428B, and 7527A’’.
section 6103(b)(6)), the aggregate amount of by the preceding provision of this Act, is amend-
(C) Paragraph (2) of section 1324(b) of title 31,
such payments made to such taxpayer during ed by adding at the end the following new sub-
United States Code, is amended—
such calendar year, and such other information section:
‘‘(j) RECONCILIATION OF CREDIT AND ADVANCE (i) by inserting ‘‘24,’’ before ‘‘25A’’, and
as the Secretary determines appropriate. (ii) by striking ‘‘ or 6431’’ and inserting ‘‘6431,
‘‘(e) ADMINISTRATIVE PROVISIONS.— CREDIT.—
‘‘(1) IN GENERAL.—The amount of the credit or 7527A’’.
‘‘(1) APPLICATION OF ELECTRONIC FUNDS PAY- (D) The table of sections for chapter 77 of the
MENT REQUIREMENT.—The payments made by
allowed under this section to any taxpayer for
any taxable year shall be reduced (but not Internal Revenue Code of 1986 is amended by in-
the Secretary under subsection (a) shall be made serting after the item relating to section 7527 the
by electronic funds transfer to the same extent below zero) by the aggregate amount of pay-
ments made under section 7527A to such tax- following new item:
and in the same manner as if such payments
payer during such taxable year. Any failure to ‘‘Sec. 7527A. Advance payment of child tax
were Federal payments not made under this
so reduce the credit shall be treated as arising credit.’’.
title.
out of a mathematical or clerical error and as- (5) APPROPRIATIONS TO CARRY OUT ADVANCE
‘‘(2) APPLICATION OF CERTAIN RULES.—Rules
sessed according to section 6213(b)(1). PAYMENTS.—Immediately upon the enactment of
similar to the rules of subparagraphs (B) and
‘‘(2) EXCESS ADVANCE PAYMENTS.— this Act, in addition to amounts otherwise avail-
(C) of section 6428A(f)(3) shall apply for pur- ‘‘(A) IN GENERAL.—If the aggregate amount of able, there are appropriated for fiscal year 2021,
poses of this section. payments under section 7527A to the taxpayer
‘‘(3) EXCEPTION FROM REDUCTION OR OFF- out of any money in the Treasury not otherwise
during the taxable year exceeds the amount of appropriated:
SET.—Any payment made to any individual
the credit allowed under this section to such (A) $397,200,000 to remain available until Sep-
under this section shall not be—
taxpayer for such taxable year (determined tember 30, 2022, for necessary expenses for the
‘‘(A) subject to reduction or offset pursuant to
without regard to paragraph (1)), the tax im- Internal Revenue Service to carry out this sec-
subsection (c), (d), (e), or (f) of section 6402, or
posed by this chapter for such taxable year shall tion (and the amendments made by this section),
‘‘(B) reduced or offset by other assessed Fed-
be increased by the amount of such excess. Any which shall supplement and not supplant any
eral taxes that would otherwise be subject to
failure to so increase the tax shall be treated as other appropriations that may be available for
levy or collection.
‘‘(4) APPLICATION OF ADVANCE PAYMENTS IN arising out of a mathematical or clerical error this purpose, and
THE POSSESSIONS OF THE UNITED STATES.—
and assessed according to section 6213(b)(1). (B) $16,200,000 to remain available until Sep-
‘‘(B) SAFE HARBOR BASED ON MODIFIED AD- tember 30, 2022, for necessary expenses for the
‘‘(A) IN GENERAL.—The advance payment
JUSTED GROSS INCOME.— Bureau of the Fiscal Service to carry out this
amount determined under this section shall be ‘‘(i) IN GENERAL.—In the case of a taxpayer
determined— section (and the amendments made by this sec-
whose modified adjusted gross income (as de- tion), which shall supplement and not supplant
‘‘(i) by applying section 24(i)(1) without re-
fined in subsection (b)) for the taxable year does any other appropriations that may be available
gard to the phrase ‘or is a bona fide resident of
not exceed 200 percent of the applicable income for this purpose.
Puerto Rico (within the meaning of section
threshold, the amount of the increase deter- (c) EFFECTIVE DATE.—
937(a))’, and
mined under subparagraph (A) with respect to (1) IN GENERAL.—The amendments made by
‘‘(ii) without regard to section
such taxpayer for such taxable year shall be re- this section shall apply to taxable years begin-
24(k)(3)(C)(ii)(I).
duced (but not below zero) by the safe harbor ning after December 31, 2020.
‘‘(B) MIRROR CODE POSSESSIONS.—In the case
amount. (2) ESTABLISHMENT OF ADVANCE PAYMENT PRO-
of any possession of the United States with a ‘‘(ii) PHASE OUT OF SAFE HARBOR AMOUNT.—In
mirror code tax system (as defined in section GRAM.—The Secretary of the Treasury (or the
the case of a taxpayer whose modified adjusted Secretary’s designee) shall establish the program
24(k)), this section shall not be treated as part gross income (as defined in subsection (b)) for
of the income tax laws of the United States for described in section 7527A of the Internal Rev-
the taxable year exceeds the applicable income enue Code of 1986 as soon as practicable after
purposes of determining the income tax law of threshold, the safe harbor amount otherwise in
such possession unless such possession elects to the date of the enactment of this Act, except
effect under clause (i) shall be reduced by the that the Secretary shall ensure that the timing
have this section be so treated. amount which bears the same ratio to such
‘‘(C) ADMINISTRATIVE EXPENSES OF ADVANCE of the establishment of such program does not
amount as such excess bears to the applicable interfere with carrying out section 6428B(g) as
PAYMENTS.—
income threshold. rapidly as possible.
‘‘(i) MIRROR CODE POSSESSIONS.—In the case ‘‘(iii) APPLICABLE INCOME THRESHOLD.—For
of any possession described in subparagraph (B) purposes of this subparagraph, the term ‘appli- SEC. 9612. APPLICATION OF CHILD TAX CREDIT
which makes the election described in such sub- IN POSSESSIONS.
cable income threshold’ means—
paragraph, the amount otherwise paid by the ‘‘(I) $60,000 in the case of a joint return or (a) IN GENERAL.—Section 24 of the Internal
dlhill on DSK120RN23PROD with House
Secretary to such possession under section surviving spouse (as defined in section 2(a)), Revenue Code of 1986, as amended by the pre-
24(k)(1)(A) with respect to taxable years begin- ‘‘(II) $50,000 in the case of a head of house- ceding provisions of this Act, is amended by
ning in 2021 shall be increased by $300,000 if hold, and adding at the end the following new subsection:
such possession has a plan, which has been ap- ‘‘(III) $40,000 in any other case. ‘‘(k) APPLICATION OF CREDIT IN POSSES-
proved by the Secretary, for making advance ‘‘(iv) SAFE HARBOR AMOUNT.—For purposes of SIONS.—
payments consistent with such election. this subparagraph, the term ‘safe harbor ‘‘(1) MIRROR CODE POSSESSIONS.—
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H821
‘‘(A) IN GENERAL.—The Secretary shall pay to the payments under this subsection shall be lating to higher education tuition and related
each possession of the United States with a mir- treated in the same manner as a refund due expenses) to check the status of individuals as
ror code tax system amounts equal to the loss (if from a credit provision referred to in subsection specified students for purposes of section
any) to that possession by reason of the applica- (b)(2) of such section.’’. 32(n)(1)(B)(ii) of the Internal Revenue Code of
tion of this section (determined without regard (b) EFFECTIVE DATE.—The amendments made 1986 (as added by this section).
to this subsection) with respect to taxable years by this section shall apply to taxable years be- (c) EFFECTIVE DATE.—The amendment made
beginning after 2020. Such amounts shall be de- ginning after December 31, 2020. by this section shall apply to taxable years be-
termined by the Secretary based on information PART 3—EARNED INCOME TAX CREDIT ginning after December 31, 2020.
provided by the government of the respective SEC. 9622. TAXPAYER ELIGIBLE FOR CHILDLESS
SEC. 9621. STRENGTHENING THE EARNED IN-
possession. COME TAX CREDIT FOR INDIVIDUALS
EARNED INCOME CREDIT IN CASE OF
‘‘(B) COORDINATION WITH CREDIT ALLOWED QUALIFYING CHILDREN WHO FAIL
WITH NO QUALIFYING CHILDREN.
AGAINST UNITED STATES INCOME TAXES.—No TO MEET CERTAIN IDENTIFICATION
(a) SPECIAL RULES FOR 2021.—Section 32 of REQUIREMENTS.
credit shall be allowed under this section for the Internal Revenue Code of 1986 is amended
any taxable year to any individual to whom a (a) IN GENERAL.—Section 32(c)(1) of the Inter-
by adding at the end the following new sub- nal Revenue Code of 1986 is amended by striking
credit is allowable against taxes imposed by a section:
possession of the United States with a mirror subparagraph (F).
‘‘(n) SPECIAL RULES FOR INDIVIDUALS WITH- (b) EFFECTIVE DATE.—The amendment made
code tax system by reason of the application of OUT QUALIFYING CHILDREN.—In the case of any
this section in such possession for such taxable by this section shall apply to taxable years be-
taxable year beginning after December 31, 2020, ginning after December 31, 2020.
year. and before January 1, 2022—
‘‘(C) MIRROR CODE TAX SYSTEM.—For pur- SEC. 9623. CREDIT ALLOWED IN CASE OF CERTAIN
‘‘(1) DECREASE IN MINIMUM AGE FOR CREDIT.— SEPARATED SPOUSES.
poses of this paragraph, the term ‘mirror code ‘‘(A) IN GENERAL.—Subsection (c)(1)(A)(ii)(II)
tax system’ means, with respect to any posses- (a) IN GENERAL.—Section 32(d) of the Internal
shall be applied by substituting ‘the applicable Revenue Code of 1986 is amended—
sion of the United States, the income tax system minimum age’ for ‘age 25’.
of such possession if the income tax liability of (1) by striking ‘‘MARRIED INDIVIDUALS.—In
‘‘(B) APPLICABLE MINIMUM AGE.—For pur- the case of’’ and inserting the following: ‘‘MAR-
the residents of such possession under such sys- poses of this paragraph, the term ‘applicable
tem is determined by reference to the income tax RIED INDIVIDUALS.—
minimum age’ means— ‘‘(1) IN GENERAL.—In the case of’’, and
laws of the United States as if such possession ‘‘(i) except as otherwise provided in this sub-
were the United States. (2) by adding at the end the following new
paragraph, age 19, paragraph:
‘‘(2) PUERTO RICO.— ‘‘(ii) in the case of a specified student (other
‘‘(A) APPLICATION TO TAXABLE YEARS IN 2021.— ‘‘(2) DETERMINATION OF MARITAL STATUS.—
than a qualified former foster youth or a quali- For purposes of this section—
‘‘(i) For application of refundable credit to
fied homeless youth), age 24, and ‘‘(A) IN GENERAL.—Except as provided in sub-
residents of Puerto Rico, see subsection (i)(1).
‘‘(iii) in the case of a qualified former foster paragraph (B), marital status shall be deter-
‘‘(ii) For nonapplication of advance payment
youth or a qualified homeless youth, age 18. mined under section 7703(a).
to residents of Puerto Rico, see section
‘‘(C) SPECIFIED STUDENT.—For purposes of ‘‘(B) SPECIAL RULE FOR SEPARATED SPOUSE.—
7527A(e)(5)(A).
‘‘(B) APPLICATION TO TAXABLE YEARS AFTER this paragraph, the term ‘specified student’ An individual shall not be treated as married if
2021.—In the case of any bona fide resident of
means, with respect to any taxable year, an in- such individual—
Puerto Rico (within the meaning of section dividual who is an eligible student (as defined ‘‘(i) is married (as determined under section
937(a)) for any taxable year beginning after De- in section 25A(b)(3)) during at least 5 calendar 7703(a)) and does not file a joint return for the
cember 31, 2021— months during the taxable year. taxable year,
‘‘(i) the credit determined under this section ‘‘(D) QUALIFIED FORMER FOSTER YOUTH.—For ‘‘(ii) resides with a qualifying child of the in-
shall be allowable to such resident, and purposes of this paragraph, the term ‘qualified dividual for more than one-half of such taxable
‘‘(ii) subsection (d)(1)(B)(ii) shall be applied former foster youth’ means an individual who— year, and
without regard to the phrase ‘in the case of a ‘‘(i) on or after the date that such individual ‘‘(iii)(I) during the last 6 months of such tax-
taxpayer with 3 or more qualifying children’. attained age 14, was in foster care provided able year, does not have the same principal
‘‘(3) AMERICAN SAMOA.— under the supervision or administration of an place of abode as the individual’s spouse, or
‘‘(A) IN GENERAL.—The Secretary shall pay to entity administering (or eligible to administer) a ‘‘(II) has a decree, instrument, or agreement
American Samoa amounts estimated by the Sec- plan under part B or part E of title IV of the So- (other than a decree of divorce) described in sec-
retary as being equal to the aggregate benefits cial Security Act (without regard to whether tion 121(d)(3)(C) with respect to the individual’s
that would have been provided to residents of Federal assistance was provided with respect to spouse and is not a member of the same house-
American Samoa by reason of the application of such child under such part E), and hold with the individual’s spouse by the end of
this section for taxable years beginning after ‘‘(ii) provides (in such manner as the Sec- the taxable year.’’.
2020 if the provisions of this section had been in retary may provide) consent for entities which (b) CONFORMING AMENDMENTS.—
effect in American Samoa (applied as if Amer- administer a plan under part B or part E of title (1) Section 32(c)(1)(A) of such Code is amend-
ican Samoa were the United States and without IV of the Social Security Act to disclose to the ed by striking the last sentence.
regard to the application of this section to bona Secretary information related to the status of (2) Section 32(c)(1)(E)(ii) of such Code is
fide residents of Puerto Rico under subsection such individual as a qualified former foster amended by striking ‘‘(within the meaning of
(i)(1)). youth. section 7703)’’.
‘‘(B) DISTRIBUTION REQUIREMENT.—Subpara- ‘‘(E) QUALIFIED HOMELESS YOUTH.—For pur- (3) Section 32(d)(1) of such Code, as amended
graph (A) shall not apply unless American poses of this paragraph, the term ‘qualified by subsection (a), is amended by striking
Samoa has a plan, which has been approved by homeless youth’ means, with respect to any tax- ‘‘(within the meaning of section 7703)’’.
the Secretary, under which American Samoa able year, an individual who certifies, in a man- (c) EFFECTIVE DATE.—The amendments made
will promptly distribute such payments to its ner as provided by the Secretary, that such indi- by this section shall apply to taxable years be-
residents. vidual is either an unaccompanied youth who is ginning after December 31, 2020.
‘‘(C) COORDINATION WITH CREDIT ALLOWED a homeless child or youth, or is unaccompanied, SEC. 9624. MODIFICATION OF DISQUALIFIED IN-
AGAINST UNITED STATES INCOME TAXES.— at risk of homelessness, and self-supporting. VESTMENT INCOME TEST.
‘‘(i) IN GENERAL.—In the case of a taxable ‘‘(2) ELIMINATION OF MAXIMUM AGE FOR CRED- (a) IN GENERAL.—Section 32(i) of the Internal
year with respect to which a plan is approved IT.—Subsection (c)(1)(A)(ii)(II) shall be applied Revenue Code of 1986 is amended by striking
under subparagraph (B), this section (other without regard to the phrase ‘but not attained ‘‘$2,200’’ and inserting ‘‘$10,000’’.
than this subsection) shall not apply to any in- age 65’. (b) INFLATION ADJUSTMENT.—Section 32(j)(1)
dividual eligible for a distribution under such ‘‘(3) INCREASE IN CREDIT AND PHASEOUT PER- of such Code is amended—
plan. CENTAGES.—The table contained in subsection (1) in the matter preceding subparagraph (A),
‘‘(ii) APPLICATION OF SECTION IN EVENT OF AB- (b)(1) shall be applied by substituting ‘15.3’ for by inserting ‘‘(2021 in the case of the dollar
SENCE OF APPROVED PLAN.—In the case of a tax- ‘7.65’ each place it appears therein. amount in subsection (i)(1))’’ after ‘‘2015’’,
able year with respect to which a plan is not ap- ‘‘(4) INCREASE IN EARNED INCOME AND PHASE- (2) in subparagraph (B)(i)—
proved under subparagraph (B)— OUT AMOUNTS.— (A) by striking ‘‘subsections (b)(2)(A) and
‘‘(I) if such taxable year begins in 2021, sub- ‘‘(A) IN GENERAL.—The table contained in (i)(1)’’ and inserting ‘‘subsection (b)(2)(A)’’, and
section (i)(1) shall be applied by substituting subsection (b)(2)(A) shall be applied— (B) by striking ‘‘and’’ at the end,
‘bona fide resident of Puerto Rico or American ‘‘(i) by substituting ‘$9,820’ for ‘$4,220’, and (3) by striking the period at the end of sub-
Samoa’ for ‘bona fide resident of Puerto Rico’, ‘‘(ii) by substituting ‘$11,610’ for ‘$5,280’. paragraph (B)(ii) and inserting ‘‘, and’’, and
and ‘‘(B) COORDINATION WITH INFLATION ADJUST- (4) by inserting after subparagraph (B)(ii) the
‘‘(II) if such taxable year begins after Decem- MENT.—Subsection (j) shall not apply to any following new clause:
dlhill on DSK120RN23PROD with House
ber 31, 2021, rules similar to the rules of para- dollar amount specified in this paragraph.’’. ‘‘(iii) in the case of the $10,000 amount in sub-
graph (2)(B) shall apply with respect to bona (b) INFORMATION RETURN MATCHING.—As section (i)(1), ‘calendar year 2020’ for ‘calendar
fide residents of American Samoa (within the soon as practicable, the Secretary of the Treas- year 2016’.’’.
meaning of section 937(a)). ury (or the Secretary’s delegate) shall develop (c) EFFECTIVE DATE.—The amendments made
‘‘(4) TREATMENT OF PAYMENTS.—For purposes and implement procedures to use information re- by this section shall apply to taxable years be-
of section 1324 of title 31, United States Code, turns under section 6050S (relating to returns re- ginning after December 31, 2020.
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H822 CONGRESSIONAL RECORD — HOUSE February 26, 2021
SEC. 9625. APPLICATION OF EARNED INCOME TAX Secretary may require to carry out this sub- Code of 1986 is amended by adding at the end
CREDIT IN POSSESSIONS OF THE section. the following new item:
UNITED STATES. ‘‘(C) DETERMINATION OF COST OF EARNED IN- ‘‘Sec. 7530. Application of earned income tax
(a) IN GENERAL.—Chapter 77 of the Internal COME TAX CREDIT.—For purposes of this sub- credit to possessions of the United
Revenue Code of 1986 is amended by adding at section, the cost to Puerto Rico of the earned in- States.’’.
the end the following new section: come tax credit shall be determined by the Sec- SEC. 9626. TEMPORARY SPECIAL RULE FOR DE-
‘‘SEC. 7530. APPLICATION OF EARNED INCOME retary on the basis of the laws of Puerto Rico TERMINING EARNED INCOME FOR
TAX CREDIT TO POSSESSIONS OF and shall include reductions in revenues re- PURPOSES OF EARNED INCOME TAX
THE UNITED STATES. CREDIT.
ceived by Puerto Rico by reason of such credit
‘‘(a) PUERTO RICO.— and refunds attributable to such credit, but (a) IN GENERAL.—If the earned income of the
‘‘(1) IN GENERAL.—With respect to calendar taxpayer for the taxpayer’s first taxable year
shall not include any administrative costs with
year 2021 and each calendar year thereafter, the beginning in 2021 is less than the earned income
respect to such credit.
Secretary shall, except as otherwise provided in ‘‘(b) POSSESSIONS WITH MIRROR CODE TAX of the taxpayer for the taxpayer’s first taxable
this subsection, make payments to Puerto Rico SYSTEMS.— year beginning in 2019, the credit allowed under
equal to— ‘‘(1) IN GENERAL.—With respect to calendar section 32 of the Internal Revenue Code of 1986
‘‘(A) the specified matching amount for such may, at the election of the taxpayer, be deter-
year 2021 and each calendar year thereafter, the
calendar year, plus mined by substituting-—
Secretary shall, except as otherwise provided in
‘‘(B) in the case of calendar years 2021 (1) such earned income for the taxpayer’s first
this subsection, make payments to the Virgin Is-
through 2025, the lesser of— taxable year beginning in 2019, for
‘‘(i) the expenditures made by Puerto Rico lands, Guam, and the Commonwealth of the
Northern Mariana Islands equal to— (2) such earned income for the taxpayer’s first
during such calendar year for education efforts taxable year beginning in 2021.
‘‘(A) the cost to such possession of the earned
with respect to individual taxpayers and tax re- (b) EARNED INCOME.—
income tax credit for taxable years beginning in (1) IN GENERAL.—For purposes of this section,
turn preparers relating to the earned income tax
or with such calendar year, plus the term ‘‘earned income’’ has the meaning
credit, or
‘‘(B) in the case of calendar years 2021 given such term under section 32(c) of the Inter-
‘‘(ii) $1,000,000.
‘‘(2) REQUIREMENT TO REFORM EARNED INCOME through 2025, the lesser of— nal Revenue Code of 1986.
TAX CREDIT.—The Secretary shall not make any
‘‘(i) the expenditures made by such possession (2) APPLICATION TO JOINT RETURNS.—For pur-
payments under paragraph (1) with respect to during such calendar year for education efforts poses of subsection (a), in the case of a joint re-
any calendar year unless Puerto Rico has in ef- with respect to individual taxpayers and tax re- turn, the earned income of the taxpayer for the
fect an earned income tax credit for taxable turn preparers relating to such earned income first taxable year beginning in 2019 shall be the
years beginning in or with such calendar year tax credit, or sum of the earned income of each spouse for
‘‘(ii) $50,000. such taxable year.
which (relative to the earned income tax credit
‘‘(2) APPLICATION OF CERTAIN RULES.—Rules (c) SPECIAL RULES.—
which was in effect for taxable years beginning
similar to the rules of subparagraphs (A), (B), (1) ERRORS TREATED AS MATHEMATICAL ER-
in or with calendar year 2019) increases the per-
and (C) of subsection (a)(4) shall apply for pur- RORS.—For purposes of section 6213 of the Inter-
centage of earned income which is allowed as a
poses of this subsection. nal Revenue Code of 1986, an incorrect use on a
credit for each group of individuals with respect
‘‘(c) AMERICAN SAMOA.— return of earned income pursuant to subsection
to which such percentage is separately stated or ‘‘(1) IN GENERAL.—With respect to calendar
determined in a manner designed to substan- (a) shall be treated as a mathematical or clerical
year 2021 and each calendar year thereafter, the error.
tially increase workforce participation. Secretary shall, except as otherwise provided in
‘‘(3) SPECIFIED MATCHING AMOUNT.—For pur- (2) NO EFFECT ON DETERMINATION OF GROSS
this subsection, make payments to American INCOME, ETC.—Except as otherwise provided in
poses of this subsection—
Samoa equal to— this subsection, the Internal Revenue Code of
‘‘(A) IN GENERAL.—The term ‘specified match-
‘‘(A) the lesser of— 1986 shall be applied without regard to any sub-
ing amount’ means, with respect to any cal-
‘‘(i) the cost to American Samoa of the earned stitution under subsection (a).
endar year, the lesser of—
income tax credit for taxable years beginning in (d) TREATMENT OF CERTAIN POSSESSIONS.—
‘‘(i) the excess (if any) of—
or with such calendar year, or (1) PAYMENTS TO POSSESSIONS WITH MIRROR
‘‘(I) the cost to Puerto Rico of the earned in-
‘‘(ii) $16,000,000, plus CODE TAX SYSTEMS.—The Secretary of the Treas-
come tax credit for taxable years beginning in or
‘‘(B) in the case of calendar years 2021 ury shall pay to each possession of the United
with such calendar year, over
through 2025, the lesser of— States which has a mirror code tax system
‘‘(II) the base amount for such calendar year,
‘‘(i) the expenditures made by American amounts equal to the loss (if any) to that posses-
or
‘‘(ii) the product of 3, multiplied by the base Samoa during such calendar year for education sion by reason of the application of the provi-
amount for such calendar year. efforts with respect to individual taxpayers and sions of this section (other than this subsection)
‘‘(B) BASE AMOUNT.— tax return preparers relating to such earned in- with respect to section 32 of the Internal Rev-
‘‘(i) BASE AMOUNT FOR 2021.—In the case of come tax credit, or enue Code of 1986. Such amounts shall be deter-
calendar year 2021, the term ‘base amount’ ‘‘(ii) $50,000. mined by the Secretary of the Treasury based on
means the greater of— ‘‘(2) REQUIREMENT TO ENACT AND MAINTAIN AN information provided by the government of the
‘‘(I) the cost to Puerto Rico of the earned in- EARNED INCOME TAX CREDIT.—The Secretary respective possession.
come tax credit for taxable years beginning in or shall not make any payments under paragraph (2) PAYMENTS TO OTHER POSSESSIONS.—The
with calendar year 2019 (rounded to the nearest (1) with respect to any calendar year unless Secretary of the Treasury shall pay to each pos-
multiple of $1,000,000), or American Samoa has in effect an earned income session of the United States which does not have
‘‘(II) $200,000,000. tax credit for taxable years beginning in or with a mirror code tax system amounts estimated by
‘‘(ii) INFLATION ADJUSTMENT.—In the case of such calendar year which allows a refundable the Secretary of the Treasury as being equal to
any calendar year after 2021, the term ‘base tax credit to individuals on the basis of the tax- the aggregate benefits (if any) that would have
amount’ means the dollar amount determined payer’s earned income which is designed to sub- been provided to residents of such possession by
under clause (i) increased by an amount equal stantially increase workforce participation. reason of the provisions of this section (other
to— ‘‘(3) INFLATION ADJUSTMENT.—In the case of than this subsection) with respect to section 32
‘‘(I) such dollar amount, multiplied by— any calendar year after 2021, the $16,000,000 of the Internal Revenue Code of 1986 if a mirror
‘‘(II) the cost-of-living adjustment determined amount in paragraph (1)(A)(ii) shall be in- code tax system had been in effect in such pos-
under section 1(f)(3) for such calendar year, de- creased by an amount equal to— session. The preceding sentence shall not apply
termined by substituting ‘calendar year 2020’ for ‘‘(A) such dollar amount, multiplied by— unless the respective possession has a plan,
‘calendar year 2016’ in subparagraph (A)(ii) ‘‘(B) the cost-of-living adjustment determined which has been approved by the Secretary of
thereof. under section 1(f)(3) for such calendar year, de- the Treasury, under which such possession will
Any amount determined under this clause shall termined by substituting ‘calendar year 2020’ for promptly distribute such payments to its resi-
be rounded to the nearest multiple of $1,000,000. ‘calendar year 2016’ in subparagraph (A)(ii) dents.
‘‘(4) RULES RELATED TO PAYMENTS.— thereof. (3) MIRROR CODE TAX SYSTEM.—For purposes
‘‘(A) TIMING OF PAYMENTS.—The Secretary Any increase determined under this clause shall of this section, the term ‘‘mirror code tax sys-
shall make payments under paragraph (1) for be rounded to the nearest multiple of $100,000. tem’’ means, with respect to any possession of
any calendar year— ‘‘(4) APPLICATION OF CERTAIN RULES.—Rules the United States, the income tax system of such
‘‘(i) after receipt of such information as the similar to the rules of subparagraphs (A), (B), possession if the income tax liability of the resi-
Secretary may require to determine such pay- and (C), of subsection (a)(4) shall apply for pur- dents of such possession under such system is
ments, and poses of this subsection. determined by reference to the income tax laws
‘‘(ii) except as provided in clause (i), within a ‘‘(d) TREATMENT OF PAYMENTS.—For purposes of the United States as if such possession were
reasonable period of time before the due date for of section 1324 of title 31, United States Code, the United States.
dlhill on DSK120RN23PROD with House
individual income tax returns (as determined the payments under this section shall be treated (4) TREATMENT OF PAYMENTS.—For purposes
under the laws of Puerto Rico) for taxable years in the same manner as a refund due from a of section 1324 of title 31, United States Code,
which began on the first day of such calendar credit provision referred to in subsection (b)(2) the payments under this section shall be treated
year. of such section.’’. in the same manner as a refund due from a
‘‘(B) INFORMATION.—The Secretary may re- (b) CLERICAL AMENDMENT.—The table of sec- credit provision referred to in subsection (b)(2)
quire the reporting of such information as the tions for chapter 77 of the Internal Revenue of such section.
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H823
PART 4—DEPENDENT CARE ASSISTANCE determined by reference to the income tax laws ‘‘(A) 10, over
SEC. 9631. REFUNDABILITY AND ENHANCEMENT of the United States as if such possession were ‘‘(B) the aggregate number of days so taken
OF CHILD AND DEPENDENT CARE the United States. into account during preceding calendar quarters
TAX CREDIT. ‘‘(5) TREATMENT OF PAYMENTS.—For purposes in such calendar year (other than the first quar-
(a) IN GENERAL.—Section 21 of the Internal of section 1324 of title 31, United States Code, ter of calendar year 2021).
Revenue Code of 1986 is amended by adding at the payments under this subsection shall be ‘‘(3) CREDIT LIMITED TO CERTAIN EMPLOYMENT
the end the following new subsection: treated in the same manner as a refund due TAXES.—The credit allowed by subsection (a)
‘‘(g) SPECIAL RULES FOR 2021.—In the case of from a credit provision referred to in subsection with respect to any calendar quarter shall not
any taxable year beginning after December 31, (b)(2) of such section.’’. exceed the applicable employment taxes for such
2020, and before January 1, 2022— (c) CONFORMING AMENDMENTS.— calendar quarter on the wages paid with respect
‘‘(1) CREDIT MADE REFUNDABLE.—If the tax- (1) Section 6211(b)(4)(A) of such Code, as to the employment of all employees of the em-
payer (in the case of a joint return, either amended by the preceding provisions of this Act, ployer.
spouse) has a principal place of abode in the is amended by inserting ‘‘21 by reason of sub- ‘‘(4) REFUNDABILITY OF EXCESS CREDIT.—
section (g) thereof,’’ before ‘‘24’’. ‘‘(A) CREDIT IS REFUNDABLE.—If the amount
United States (determined as provided in section
(2) Section 1324(b)(2) of title 31, United States of the credit under subsection (a) exceeds the
32) for more than one-half of the taxable year,
Code (as amended by the preceding provisions of limitation of paragraph (3) for any calendar
the credit allowed under subsection (a) shall be
this title), is amended by inserting ‘‘21,’’ before quarter, such excess shall be treated as an over-
treated as a credit allowed under subpart C
‘‘24’’. payment that shall be refunded under sections
(and not allowed under this subpart).
‘‘(2) INCREASE IN DOLLAR LIMIT ON AMOUNT (d) EFFECTIVE DATE.—The amendments made 6402(a) and 6413(b).
by this section shall apply to taxable years be- ‘‘(B) ADVANCING CREDIT.—In anticipation of
CREDITABLE.—Subsection (c) shall be applied—
ginning after December 31, 2020. the credit, including the refundable portion
‘‘(A) by substituting ‘$8,000’ for ‘$3,000’ in
under subparagraph (A), the credit shall be ad-
paragraph (1) thereof, and SEC. 9632. INCREASE IN EXCLUSION FOR EM-
‘‘(B) by substituting ‘$16,000’ for ‘$6,000’ in PLOYER-PROVIDED DEPENDENT vanced, according to forms and instructions pro-
paragraph (2) thereof. CARE ASSISTANCE. vided by the Secretary, up to an amount cal-
‘‘(3) INCREASE IN APPLICABLE PERCENTAGE.— (a) IN GENERAL.—Section 129(a)(2) of the In- culated under subsection (a), subject to the lim-
Subsection (a)(2) shall be applied— ternal Revenue Code of 1986 is amended by add- its under paragraph (1) and (2), all calculated
‘‘(A) by substituting ‘50 percent’ for ‘35 per- ing at the end the following new subparagraph: through the end of the most recent payroll pe-
cent ’, and ‘‘(D) SPECIAL RULE FOR 2021.—In the case of riod in the quarter.
‘‘(B) by substituting ‘$125,000’ for ‘$15,000’. any taxable year beginning after December 31, ‘‘(c) QUALIFIED SICK LEAVE WAGES.—For pur-
‘‘(4) APPLICATION OF PHASEOUT TO HIGH IN- 2020, and before January 1, 2022, subparagraph poses of this section—
‘‘(1) IN GENERAL.—The term ‘qualified sick
COME INDIVIDUALS.— (A) shall be applied be substituting ‘$10,500 (half
‘‘(A) IN GENERAL.—Subsection (a)(2) shall be leave wages’ means wages paid by an employer
such dollar amount’ for ‘$5,000 ($2,500’.’’.
applied by substituting ‘the phaseout percent- (b) EFFECTIVE DATE.—The amendment made which would be required to be paid by reason of
age’ for ‘20 percent’. by this section shall apply to taxable years be- the Emergency Paid Sick Leave Act as if such
‘‘(B) PHASEOUT PERCENTAGE.—The term ginning after December 31, 2020. Act applied after March 31, 2021.
‘‘(2) RULES OF APPLICATION.—For purposes of
‘phaseout percentage’ means 20 percent reduced (c) RETROACTIVE PLAN AMENDMENTS.—A plan
determining whether wages are qualified sick
(but not below zero) by 1 percentage point for that otherwise satisfies all applicable require-
leave wages under paragraph (1)—
each $2,000 (or fraction thereof) by which the ments of sections 125 and 129 of the Internal
‘‘(A) IN GENERAL.—The Emergency Paid Sick
taxpayer’s adjusted gross income for the taxable Revenue Code of 1986 (including any rules or
Leave Act shall be applied—
year exceeds $400,000.’’. regulations thereunder) shall not fail to be ‘‘(i) by inserting ‘, the employee is seeking or
(b) APPLICATION OF CREDIT IN POSSESSIONS.— treated as a cafeteria plan or dependent care as- awaiting the results of a diagnostic test for, or
Section 21 of such Code, as amended by sub- sistance program merely because such plan is a medical diagnosis of, COVID-19 and such em-
section (a), is amended by adding at the end the amended pursuant to a provision under this sec- ployee has been exposed to COVID-19 or the em-
following new subsection: tion and such amendment is retroactive, if— ployee’s employer has requested such test or di-
‘‘(h) APPLICATION OF CREDIT IN POSSES- (1) such amendment is adopted no later than agnosis, or the employee is obtaining immuniza-
SIONS.— the last day of the plan year in which the tion related to COVID–19 or recovering from any
‘‘(1) PAYMENT TO POSSESSIONS WITH MIRROR amendment is effective, and injury, disability, illness, or condition related to
CODE TAX SYSTEMS.—The Secretary shall pay to (2) the plan is operated consistent with the
such immunization’ after ‘medical diagnosis’ in
each possession of the United States with a mir- terms of such amendment during the period be-
section 5102(a)(3) thereof, and
ror code tax system amounts equal to the loss (if ginning on the effective date of the amendment ‘‘(ii) by applying section 5102(b)(1) of such Act
any) to that possession by reason of the applica- and ending on the date the amendment is adopt- separately with respect to each calendar year
tion of this section (determined without regard ed. after 2020 (and, in the case of calendar year
to this subsection) with respect to taxable years PART 5—CREDITS FOR PAID SICK AND 2021, without regard to the first quarter there-
beginning in or with 2021. Such amounts shall FAMILY LEAVE of).
be determined by the Secretary based on infor- SEC. 9641. PAYROLL CREDITS. ‘‘(B) LEAVE MUST MEET REQUIREMENTS.—If an
mation provided by the government of the re- (a) IN GENERAL.—Chapter 21 of the Internal employer fails to comply with any requirement
spective possession. Revenue Code of 1986 is amended by adding at of such Act (determined without regard to sec-
‘‘(2) PAYMENTS TO OTHER POSSESSIONS.—The tion 5109 thereof) with respect to paid sick time
the end the following new subchapter:
Secretary shall pay to each possession of the (as defined in section 5110 of such Act), amounts
United States which does not have a mirror code ‘‘Subchapter D—Credits
paid by such employer with respect to such paid
tax system amounts estimated by the Secretary ‘‘Sec. 3131. Credit for paid sick leave. sick time shall not be taken into account as
as being equal to the aggregate benefits that ‘‘Sec. 3132. Payroll credit for paid family leave. qualified sick leave wages. For purposes of the
would have been provided to residents of such ‘‘Sec. 3133. Special rule related to tax on em-
preceding sentence, an employer which takes an
possession by reason of this section with respect ployers.
action described in section 5104 of such Act shall
to taxable years beginning in or with 2021 if a ‘‘SEC. 3131. CREDIT FOR PAID SICK LEAVE.
be treated as failing to meet a requirement of
mirror code tax system had been in effect in ‘‘(a) IN GENERAL.—In the case of an employer, such Act.
such possession. The preceding sentence shall there shall be allowed as a credit against appli- ‘‘(d) ALLOWANCE OF CREDIT FOR CERTAIN
not apply unless the respective possession has a cable employment taxes for each calendar quar- HEALTH PLAN EXPENSES.—
plan, which has been approved by the Sec- ter an amount equal to 100 percent of the quali- ‘‘(1) IN GENERAL.—The amount of the credit
retary, under which such possession will fied sick leave wages paid by such employer allowed under subsection (a) shall be increased
promptly distribute such payments to its resi- with respect to such calendar quarter. by so much of the employer’s qualified health
dents. ‘‘(b) LIMITATIONS AND REFUNDABILITY.— plan expenses as are properly allocable to the
‘‘(3) COORDINATION WITH CREDIT ALLOWED ‘‘(1) WAGES TAKEN INTO ACCOUNT.—The qualified sick leave wages for which such credit
AGAINST UNITED STATES INCOME TAXES.—In the amount of qualified sick leave wages taken into is so allowed.
case of any taxable year beginning in or with account under subsection (a) with respect to ‘‘(2) QUALIFIED HEALTH PLAN EXPENSES.—For
2021, no credit shall be allowed under this sec- any individual shall not exceed $200 ($511 in the purposes of this subsection, the term ‘qualified
tion to any individual— case of any day any portion of which is paid health plan expenses’ means amounts paid or
‘‘(A) to whom a credit is allowable against sick time described in paragraph (1), (2), or (3) incurred by the employer to provide and main-
taxes imposed by a possession with a mirror code of section 5102(a) of the Emergency Paid Sick tain a group health plan (as defined in section
tax system by reason of this section, or Leave Act, applied with the modification de- 5000(b)(1)), but only to the extent that such
‘‘(B) who is eligible for a payment under a scribed in subsection (c)(2)(A)(i)) for any day amounts are excluded from the gross income of
plan described in paragraph (2). (or portion thereof) for which the individual is employees by reason of section 106(a).
dlhill on DSK120RN23PROD with House
‘‘(4) MIRROR CODE TAX SYSTEM.—For purposes paid qualified sick leave wages. ‘‘(3) ALLOCATION RULES.—For purposes of this
of this subsection, the term ‘mirror code tax sys- ‘‘(2) OVERALL LIMITATION ON NUMBER OF DAYS section, qualified health plan expenses shall be
tem’ means, with respect to any possession of TAKEN INTO ACCOUNT.—The aggregate number of allocated to qualified sick leave wages in such
the United States, the income tax system of such days taken into account under paragraph (1) manner as the Secretary may prescribe. Except
possession if the income tax liability of the resi- for any calendar quarter shall not exceed the as otherwise provided by the Secretary, such al-
dents of such possession under such system is excess (if any) of— location shall be treated as properly made if
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H824 CONGRESSIONAL RECORD — HOUSE February 26, 2021
made on the basis of being pro rata among cov- ‘‘(6) regulations or other guidance to permit agnosis, or the employee is obtaining immuniza-
ered employees and pro rata on the basis of peri- the advancement of the credit determined under tion related to COVID–19 or recovering from any
ods of coverage (relative to the time periods of subsection (a). injury, disability, illness, or condition related to
leave to which such wages relate). ‘‘(g) APPLICATION OF SECTION.—This section such immunization’ after ‘public health emer-
‘‘(e) DEFINITIONS AND SPECIAL RULES.— shall apply only to wages paid with respect to gency’, and
‘‘(1) APPLICABLE EMPLOYMENT TAXES.—For the period beginning on April 1, 2021, and end- ‘‘(ii) section 110(b) of such Act shall be ap-
purposes of this section, the term ‘applicable em- ing on September 30, 2021. plied—
ployment taxes’ means the following: ‘‘(h) TREATMENT OF DEPOSITS.—The Secretary ‘‘(I) without regard to paragraph (1) thereof,
‘‘(A) The taxes imposed under section 3111(b). shall waive any penalty under section 6656 for ‘‘(II) by striking ‘after taking leave after such
‘‘(B) So much of the taxes imposed under sec- any failure to make a deposit of applicable em- section for 10 days’ in paragraph (2)(A) thereof,
tion 3221(a) as are attributable to the rate in ef- ployment taxes if the Secretary determines that and
fect under section 3111(b). such failure was due to the anticipation of the ‘‘(III) by substituting ‘$12,000’ for ‘$10,000’ in
‘‘(2) WAGES.—For purposes of this section, the credit allowed under this section. paragraph (2)(B)(ii) thereof.
term ‘wages’ means wages (as defined in section ‘‘(i) NON-DISCRIMINATION REQUIREMENT.—No ‘‘(B) LEAVE MUST MEET REQUIREMENTS.—For
3121(a), determined without regard to para- credit shall be allowed under this section to any purposes of determining whether wages would
graphs (1) through (22) of section 3121(b)) and employer for any calendar quarter if such em- be required to be paid under paragraph (1), if
compensation (as defined in section 3231(e), de- ployer, with respect to the availability of the an employer fails to comply with any require-
termined without regard to the sentence in provision of qualified sick leave wages to which ment of the Family and Medical Leave Act of
paragraph (1) thereof which begins ‘Such term this section otherwise applies for such calendar 1993 or the Emergency Family and Medical
does not include remuneration’). quarter, discriminates in favor of highly com- Leave Expansion Act (determined without re-
‘‘(3) DENIAL OF DOUBLE BENEFIT.—For pur- pensated employees (within the meaning of sec- gard to any time limitation under section
poses of chapter 1, the gross income of the em- tion 414(q)), full-time employees, or employees 102(a)(1)(F) of the Family and Medical Leave
ployer, for the taxable year which includes the on the basis of employment tenure with such Act of 1994) with respect to any leave provided
last day of any calendar quarter with respect to employer. for a qualifying need related to a public health
which a credit is allowed under this section, ‘‘SEC. 3132. PAYROLL CREDIT FOR PAID FAMILY emergency (as defined in section 110 of such Act,
shall be increased by the amount of such credit. LEAVE. applied as described in subparagraph (A)(i)),
Any wages taken into account in determining ‘‘(a) IN GENERAL.—In the case of an employer, amounts paid by such employer with respect to
the credit allowed under this section shall not be there shall be allowed as a credit against appli- such leave shall not be taken into account as
taken into account for purposes of determining cable employment taxes for each calendar quar- qualified family leave wages. For purposes of
the credit allowed under sections 45A, 45P, 45S, ter an amount equal to 100 percent of the quali- the preceding sentence, an employer which
51, 3132, and 3134. In the case of any credit al- fied family leave wages paid by such employer takes an action described in section 105 of the
lowed under section 2301 of the CARES Act or with respect to such calendar quarter. Family and Medical Leave Act of 1993 shall be
section 41 with respect to wages taken into ac- ‘‘(b) LIMITATIONS AND REFUNDABILITY.— treated as failing to meet a requirement of such
count under this section, the credit allowed ‘‘(1) WAGES TAKEN INTO ACCOUNT.—The Act.
under this section shall be reduced by the por- amount of qualified family leave wages taken ‘‘(d) ALLOWANCE OF CREDIT FOR CERTAIN
tion of the credit allowed under such section into account under subsection (a) with respect HEALTH PLAN EXPENSES.—
2301 or section 41 which is attributable to such to any individual shall not exceed— ‘‘(1) IN GENERAL.—The amount of the credit
wages. ‘‘(A) for any day (or portion thereof) for allowed under subsection (a) shall be increased
‘‘(4) ELECTION TO NOT TAKE CERTAIN WAGES which the individual is paid qualified family by so much of the employer’s qualified health
INTO ACCOUNT.—This section shall not apply to leave wages, $200, and plan expenses as are properly allocable to the
so much of the qualified sick leave wages paid ‘‘(B) in the aggregate with respect to all cal- qualified family leave wages for which such
by an eligible employer as such employer elects endar quarters, $12,000. credit is so allowed.
(at such time and in such manner as the Sec- ‘‘(2) CREDIT LIMITED TO CERTAIN EMPLOYMENT ‘‘(2) QUALIFIED HEALTH PLAN EXPENSES.—For
retary may prescribe) to not take into account TAXES.—The credit allowed by subsection (a) purposes of this subsection, the term ‘qualified
for purposes of this section. with respect to any calendar quarter shall not health plan expenses’ means amounts paid or
‘‘(5) CERTAIN GOVERNMENTAL EMPLOYERS.—No exceed the applicable employment taxes for such incurred by the employer to provide and main-
credit shall be allowed under this section to the calendar quarter (reduced by any credits al- tain a group health plan (as defined in section
Government of the United States or to any agen- lowed under section 3131) on the wages paid 5000(b)(1)), but only to the extent that such
cy or instrumentality thereof. The preceding with respect to the employment of all employees amounts are excluded from the gross income of
sentence shall not apply to any organization de- of the employer. employees by reason of section 106(a).
scribed in section 501(c)(1) and exempt from tax ‘‘(3) REFUNDABILITY OF EXCESS CREDIT.— ‘‘(3) ALLOCATION RULES.—For purposes of this
under section 501(a). ‘‘(A) CREDIT IS REFUNDABLE.—If the amount section, qualified health plan expenses shall be
‘‘(6) EXTENSION OF LIMITATION ON ASSESS- of the credit under subsection (a) exceeds the allocated to qualified family leave wages in such
MENT.—Notwithstanding section 6501, the limi- limitation of paragraph (2) for any calendar manner as the Secretary may prescribe. Except
tation on the time period for the assessment of quarter, such excess shall be treated as an over- as otherwise provided by the Secretary, such al-
any amount attributable to a credit claimed payment that shall be refunded under sections location shall be treated as properly made if
under this section shall not expire before the 6402(a) and 6413(b). made on the basis of being pro rata among cov-
date that is 5 years after the later of— ‘‘(B) ADVANCING CREDIT.—In anticipation of ered employees and pro rata on the basis of peri-
‘‘(A) the date on which the original return the credit, including the refundable portion ods of coverage (relative to the time periods of
which includes the calendar quarter with re- under subparagraph (A), the credit shall be ad- leave to which such wages relate).
spect to which such credit is determined is filed, vanced, according to forms and instructions pro- ‘‘(e) DEFINITIONS AND SPECIAL RULES.—
or vided by the Secretary, up to an amount cal- ‘‘(1) APPLICABLE EMPLOYMENT TAXES.—For
‘‘(B) the date on which such return is treated culated under subsection (a), subject to the lim- purposes of this section, the term ‘applicable em-
as filed under section 6501(b)(2). its under paragraph (1) and (2), all calculated ployment taxes’ means the following:
‘‘(f) REGULATIONS.—The Secretary shall pre- through the end of the most recent payroll pe- ‘‘(A) The taxes imposed under section 3111(b).
scribe such regulations or other guidance as riod in the quarter. ‘‘(B) So much of the taxes imposed under sec-
may be necessary to carry out the purposes of ‘‘(c) QUALIFIED FAMILY LEAVE WAGES.— tion 3221(a) as are attributable to the rate in ef-
this section, including— ‘‘(1) IN GENERAL.—For purposes of this sec- fect under section 3111(b).
‘‘(1) regulations or other guidance to prevent tion, the term ‘qualified family leave wages’ ‘‘(2) WAGES.—For purposes of this section, the
the avoidance of the purposes of the limitations means wages paid by an employer which would term ‘wages’ means wages (as defined in section
under this section, be required to be paid by reason of the Emer- 3121(a), determined without regard to para-
‘‘(2) regulations or other guidance to minimize gency Family and Medical Leave Expansion Act graphs (1) through (22) of section 3121(b)) and
compliance and record-keeping burdens under (including the amendments made by such Act) compensation (as defined in section 3231(e), de-
this section, as if such Act (and amendments made by such termined without regard to the sentence in
‘‘(3) regulations or other guidance providing Act) applied after March 31, 2021. paragraph (1) thereof which begins ‘Such term
for waiver of penalties for failure to deposit ‘‘(2) RULES OF APPLICATION.— does not include remuneration’).
amounts in anticipation of the allowance of the ‘‘(A) IN GENERAL.—For purposes of deter- ‘‘(3) DENIAL OF DOUBLE BENEFIT.—For pur-
credit allowed under this section, mining whether wages are qualified family leave poses of chapter 1, the gross income of the em-
‘‘(4) regulations or other guidance for recap- wages under paragraph (1)— ployer, for the taxable year which includes the
turing the benefit of credits determined under ‘‘(i) section 110(a)(2)(A) of the Family and last day of any calendar quarter with respect to
this section in cases where there is a subsequent Medical Leave Act of 1993 shall be applied by which a credit is allowed under this section,
adjustment to the credit determined under sub- inserting ‘or any reason for leave described in shall be increased by the amount of such credit.
dlhill on DSK120RN23PROD with House
section (a), section 5102(a) of the Families First Coronavirus Any wages taken into account in determining
‘‘(5) regulations or other guidance to ensure Response Act, or the employee is seeking or the credit allowed under this section shall not be
that the wages taken into account under this awaiting the results of a diagnostic test for, or taken into account for purposes of determining
section conform with the paid sick time required a medical diagnosis of, COVID-19 and such em- the credit allowed under sections 45A, 45P, 45S,
to be provided under the Emergency Paid Sick ployee has been exposed to COVID-19 or the em- 51, 3131, and 3134. In the case of any credit al-
Leave Act, and ployee’s employer has requested such test or di- lowed under section 2301 of the CARES Act or
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H825
section 41 with respect to wages taken into ac- leave wages, or qualified family leave wages, for (A) the net earnings from self-employment of
count under this section, the credit allowed which credit is allowed under such section 3131 the individual for the taxable year, divided by
under this section shall be reduced by the por- or 3132 (respectively). (B) 260.
tion of the credit allowed under such section ‘‘(b) DENIAL OF DOUBLE BENEFIT.—For denial (3) ELECTION TO USE PRIOR YEAR NET EARNINGS
2301 or section 41 which is attributable to such of double benefit with respect to the credit in- FROM SELF-EMPLOYMENT INCOME.—In the case
wages. crease under subsection (a), see sections of an individual who elects (at such time and in
‘‘(4) ELECTION TO NOT TAKE CERTAIN WAGES 3131(e)(3) and 3132(e)(3).’’. such manner as the Secretary may provide) the
INTO ACCOUNT.—This section shall not apply to (b) REFUNDS.—Paragraph (2) of section application of this paragraph, paragraph (2)(A)
so much of the qualified family leave wages paid 1324(b) of title 31, United States Code, is amend- shall be applied by substituting ‘‘the prior tax-
by an eligible employer as such employer elects ed by inserting ‘‘3131, 3132,’’ before ‘‘6428’’. able year’’ for ‘‘the taxable year’’.
(at such time and in such manner as the Sec- (c) CLERICAL AMENDMENT.—The table of sub- (4) ELECTION TO NOT TAKE DAYS INTO AC-
retary may prescribe) to not take into account chapters for chapter 21 of the Internal Revenue COUNT.—Any day shall not be taken into ac-
for purposes of this section. Code of 1986 is amended by adding at the end count under paragraph (1)(A) if the eligible self-
‘‘(5) CERTAIN GOVERNMENTAL EMPLOYERS.—No the following new item: employed individual elects (at such time and in
credit shall be allowed under this section to the ‘‘SUBCHAPTER D—CREDITS’’. such manner as the Secretary may prescribe) to
Government of the United States or to any agen- (d) EFFECTIVE DATE.—The amendments made not take such day into account for purposes of
cy or instrumentality thereof. The preceding by this section shall apply to amounts paid with such paragraph.
sentence shall not apply to any organization de- respect to calendar quarters beginning after (d) CREDIT REFUNDABLE.—
scribed in section 501(c)(1) and exempt from tax (1) IN GENERAL.—The credit determined under
March 31, 2021.
under section 501(a). this section shall be treated as a credit allowed
SEC. 9642. CREDIT FOR SICK LEAVE FOR CERTAIN
‘‘(6) EXTENSION OF LIMITATION ON ASSESS- SELF-EMPLOYED INDIVIDUALS.
to the taxpayer under subpart C of part IV of
MENT.—Notwithstanding section 6501, the limi- subchapter A of chapter 1 of such Code.
(a) IN GENERAL.—In the case of an eligible
tation on the time period for the assessment of (2) TREATMENT OF PAYMENTS.—For purposes
self-employed individual, there shall be allowed
any amount attributable to a credit claimed of section 1324 of title 31, United States Code,
as a credit against the tax imposed by chapter
under this section shall not expire before the any refund due from the credit determined
1 of the Internal Revenue Code of 1986 for any
date that is 5 years after the later of— under this section shall be treated in the same
taxable year an amount equal to the qualified
‘‘(A) the date on which the original return manner as a refund due from a credit provision
sick leave equivalent amount with respect to the
which includes the calendar quarter with re- referred to in subsection (b)(2) of such section.
individual. (e) SPECIAL RULES.—
spect to which such credit is determined is filed, (b) ELIGIBLE SELF-EMPLOYED INDIVIDUAL.—
or (1) DOCUMENTATION.—No credit shall be al-
For purposes of this section— lowed under this section unless the individual
‘‘(B) the date on which such return is treated (1) IN GENERAL.—The term ‘‘eligible self-em-
as filed under section 6501(b)(2). maintains such documentation as the Secretary
ployed individual’’ means an individual who—
‘‘(f) REGULATIONS.—The Secretary shall pre- may prescribe to establish such individual as an
(A) regularly carries on any trade or business
scribe such regulations or other guidance as eligible self-employed individual.
within the meaning of section 1402 of the Inter-
may be necessary to carry out the purposes of (2) DENIAL OF DOUBLE BENEFIT.—In the case
nal Revenue Code of 1986, and
this section, including— of an individual who receives wages (as defined
(B) would be entitled to receive paid leave
‘‘(1) regulations or other guidance to prevent in section 3121(a) of the Internal Revenue Code
during the taxable year pursuant to the Emer-
the avoidance of the purposes of the limitations of 1986) or compensation (as defined in section
gency Paid Sick Leave Act if—
under this section, (i) the individual were an employee of an em- 3231(e) of such Code) paid by an employer which
‘‘(2) regulations or other guidance to minimize ployer (other than himself or herself), and are required to be paid by reason of the Emer-
compliance and record-keeping burdens under (ii) such Act applied after March 31, 2021. gency Paid Sick Leave Act, the qualified sick
this section, (2) RULES OF APPLICATION.—For purposes of leave equivalent amount otherwise determined
‘‘(3) regulations or other guidance providing paragraph (1)(B), in determining whether an in- under subsection (c) of this section shall be re-
for waiver of penalties for failure to deposit dividual would be entitled to receive paid leave duced (but not below zero) to the extent that the
amounts in anticipation of the allowance of the under the Emergency Paid Sick Leave Act, such sum of the amount described in such subsection
credit allowed under this section, Act shall be applied— and in section 3131(b)(1) of such Code exceeds
‘‘(4) regulations or other guidance for recap- (A) by inserting ‘‘, the employee is seeking or $2,000 ($5,110 in the case of any day any portion
turing the benefit of credits determined under awaiting the results of a diagnostic test for, or of which is paid sick time described in para-
this section in cases where there is a subsequent a medical diagnosis of, COVID-19 and such em- graph (1), (2), or (3) of section 5102(a) of the
adjustment to the credit determined under sub- ployee has been exposed to COVID-19 or is un- Emergency Paid Sick Leave Act).
section (a), able to work pending the results of such test or (f) APPLICATION OF SECTION.—Only days oc-
‘‘(5) regulations or other guidance to ensure diagnosis, or the employee is obtaining immuni- curring during the period beginning on April 1,
that the wages taken into account under this zation related to COVID–19 or recovering from 2021, and ending on September 30, 2021, may be
section conform with the paid leave required to any injury, disability, illness, or condition re- taken into account under subsection (c)(1)(A).
be provided under the Emergency Family and lated to such immunization’’ after ‘‘medical di- (g) APPLICATION OF CREDIT IN CERTAIN POS-
Medical Leave Expansion Act (including the agnosis’’ in section 5102(a)(3) of such Act, and SESSIONS.—
amendments made by such Act), and (B) by applying section 5102(b)(1) of such Act (1) PAYMENTS TO POSSESSIONS WITH MIRROR
‘‘(6) regulations or other guidance to permit separately with respect to each taxable year. CODE TAX SYSTEMS.—The Secretary shall pay to
the advancement of the credit determined under (c) QUALIFIED SICK LEAVE EQUIVALENT each possession of the United States which has
subsection (a). AMOUNT.—For purposes of this section— a mirror code tax system amounts equal to the
‘‘(g) APPLICATION OF SECTION.—This section (1) IN GENERAL.—The term ‘‘qualified sick loss (if any) to that possession by reason of the
shall apply only to wages paid with respect to leave equivalent amount’’ means, with respect application of the provisions of this section.
the period beginning on April 1, 2021, and end- to any eligible self-employed individual, an Such amounts shall be determined by the Sec-
ing on September 30, 2021. amount equal to— retary based on information provided by the
‘‘(h) TREATMENT OF DEPOSITS.—The Secretary (A) the number of days during the taxable government of the respective possession.
shall waive any penalty under section 6656 for year (but not more than 10) that the individual (2) PAYMENTS TO OTHER POSSESSIONS.—The
any failure to make a deposit of applicable em- is unable to perform services in any trade or Secretary shall pay to each possession of the
ployment taxes if the Secretary determines that business referred to in section 1402 of the Inter- United States which does not have a mirror code
such failure was due to the anticipation of the nal Revenue Code of 1986 for a reason with re- tax system amounts estimated by the Secretary
credit allowed under this section. spect to which such individual would be entitled as being equal to the aggregate benefits (if any)
‘‘(i) NON-DISCRIMINATION REQUIREMENT.—No to receive sick leave as described in subsection that would have been provided to residents of
credit shall be allowed under this section to any (b), multiplied by such possession by reason of the provisions of
employer for any calendar quarter if such em- (B) the lesser of— this section if a mirror code tax system had been
ployer, with respect to the availability of the (i) $200 ($511 in the case of any day of paid in effect in such possession. The preceding sen-
provision of qualified family leave wages to sick time described in paragraph (1), (2), or (3) tence shall not apply unless the respective pos-
which this section otherwise applies for such of section 5102(a) of the Emergency Paid Sick session has a plan, which has been approved by
calendar quarter, discriminates in favor of high- Leave Act, applied with the modification de- the Secretary, under which such possession will
ly compensated employees (within the meaning scribed in subsection (b)(2)(A)) of this section, or promptly distribute such payments to its resi-
of section 414(q)), full-time employees, or em- (ii) 67 percent (100 percent in the case of any dents.
ployees on the basis of employment tenure with day of paid sick time described in paragraph (1), (3) MIRROR CODE TAX SYSTEM.—For purposes
such employer. (2), or (3) of section 5102(a) of the Emergency of this section, the term ‘‘mirror code tax sys-
‘‘SEC. 3133. SPECIAL RULE RELATED TO TAX ON Paid Sick Leave Act) of the average daily self- tem’’ means, with respect to any possession of
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EMPLOYERS. employment income of the individual for the the United States, the income tax system of such
‘‘(a) IN GENERAL.—The credit allowed by sec- taxable year. possession if the income tax liability of the resi-
tion 3131 and the credit allowed by section 3132 (2) AVERAGE DAILY SELF-EMPLOYMENT IN- dents of such possession under such system is
shall each be increased by the amount of the COME.—For purposes of this subsection, the term determined by reference to the income tax laws
taxes imposed by subsections (a) and (b) of sec- ‘‘average daily self-employment income’’ means of the United States as if such possession were
tion 3111 and section 3221(a) on qualified sick an amount equal to— the United States.
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H826 CONGRESSIONAL RECORD — HOUSE February 26, 2021
(4) TREATMENT OF PAYMENTS.—For purposes (A) the net earnings from self-employment in- possession if the income tax liability of the resi-
of section 1324 of title 31, United States Code, come of the individual for the taxable year, di- dents of such possession under such system is
the payments under this subsection shall be vided by determined by reference to the income tax laws
treated in the same manner as a refund due (B) 260. of the United States as if such possession were
from a credit provision referred to in subsection (3) ELECTION TO USE PRIOR YEAR NET EARNINGS the United States.
(b)(2) of such section. FROM SELF-EMPLOYMENT INCOME.—In the case (4) TREATMENT OF PAYMENTS.—For purposes
(h) REGULATIONS.—The Secretary shall pre- of an individual who elects (at such time and in of section 1324 of title 31, United States Code,
scribe such regulations or other guidance as such manner as the Secretary may provide) the the payments under this subsection shall be
may be necessary to carry out the purposes of application of this paragraph, paragraph (2)(A) treated in the same manner as a refund due
this section, including— shall be applied by substituting ‘‘the prior tax- from a credit provision referred to in subsection
(1) regulations or other guidance to effectuate able year’’ for ‘‘the taxable year’’. (b)(2) of such section.
the purposes of this section, and (4) COORDINATION WITH CREDIT FOR SICK (h) REGULATIONS.—The Secretary shall pre-
(2) regulations or other guidance to minimize LEAVE.—Any day taken into account in deter- scribe such regulations or other guidance as
compliance and record-keeping burdens under mining the qualified sick leave equivalent may be necessary to carry out the purposes of
this section. amount with respect to any eligible-self em- this section, including—
SEC. 9643. CREDIT FOR FAMILY LEAVE FOR CER- ployed individual under section 9642 shall not be (1) regulations or other guidance to prevent
TAIN SELF-EMPLOYED INDIVIDUALS. take into account in determining the qualified the avoidance of the purposes of this section,
(a) IN GENERAL.—In the case of an eligible family leave equivalent amount with respect to and
self-employed individual, there shall be allowed such individual under this section. (2) regulations or other guidance to minimize
as a credit against the tax imposed by chapter (d) CREDIT REFUNDABLE.— compliance and record-keeping burdens under
1 of the Internal Revenue Code of 1986 for any (1) IN GENERAL.—The credit determined under this section.
taxable year an amount equal to 100 percent of this section shall be treated as a credit allowed PART 6—EMPLOYEE RETENTION CREDIT
the qualified family leave equivalent amount to the taxpayer under subpart C of part IV of SEC. 9651. EXTENSION OF EMPLOYEE RETENTION
with respect to the individual. subchapter A of chapter 1 of such Code. CREDIT.
(b) ELIGIBLE SELF-EMPLOYED INDIVIDUAL.— (2) TREATMENT OF PAYMENTS.—For purposes (a) IN GENERAL.—Subchapter D of chapter 21
For purposes of this section— of section 1324 of title 31, United States Code, of subtitle C of the Internal Revenue Code of
(1) IN GENERAL.—The term ‘‘eligible self-em- any refund due from the credit determined 1986, as added by section 9641, is amended by
ployed individual’’ means an individual who— under this section shall be treated in the same adding at the end the following:
(A) regularly carries on any trade or business manner as a refund due from a credit provision ‘‘SEC. 3134. EMPLOYEE RETENTION CREDIT FOR
within the meaning of section 1402 of the Inter- referred to in subsection (b)(2) of such section. EMPLOYERS SUBJECT TO CLOSURE
nal Revenue Code of 1986, and (e) SPECIAL RULES.— DUE TO COVID–19.
(B) would be entitled to receive paid leave (1) DOCUMENTATION.—No credit shall be al- ‘‘(a) IN GENERAL.—In the case of an eligible
during the taxable year pursuant to the Emer- lowed under this section unless the individual employer, there shall be allowed as a credit
gency Family and Medical Leave Expansion Act maintains such documentation as the Secretary against applicable employment taxes for each
if— may prescribe to establish such individual as an calendar quarter an amount equal to 70 percent
(i) the individual were an employee of an em- eligible self-employed individual. of the qualified wages with respect to each em-
ployer (other than himself or herself), (2) DENIAL OF DOUBLE BENEFIT.—In the case ployee of such employer for such calendar quar-
(ii) section 102(a)(1)(F) of the Family and of an individual who receives wages (as defined ter.
Medical Leave Act of 1993 applied after March in section 3121(a) of the Internal Revenue Code ‘‘(b) LIMITATIONS AND REFUNDABILITY.—
31, 2021. of 1986) or compensation (as defined in section ‘‘(1) WAGES TAKEN INTO ACCOUNT.—The
(2) RULES OF APPLICATION.—For purposes of 3231(e) of such Code) paid by an employer which amount of qualified wages with respect to any
paragraph (1)(B), in determining whether an in- are required to be paid by reason of the Emer- employee which may be taken into account
dividual would be entitled to receive paid leave gency Family and Medical Leave Expansion under subsection (a) by the eligible employer for
under the Emergency Family and Medical Leave Act, the qualified family leave equivalent any calendar quarter shall not exceed $10,000.
Act— amount otherwise described in subsection (c) of ‘‘(2) CREDIT LIMITED TO EMPLOYMENT
(A) section 110(a)(2)(A) of the Family and this section shall be reduced (but not below TAXES.—The credit allowed by subsection (a)
Medical Leave Act of 1993 shall be applied by zero) to the extent that the sum of the amount with respect to any calendar quarter shall not
inserting ‘‘or any reason for leave described in described in such subsection and in section exceed the applicable employment taxes (re-
section 5102(a) of the Families First Coronavirus 3132(b)(1) of such Code exceeds $12,000. duced by any credits allowed under sections
Response Act, or the employee is seeking or (3) REFERENCES TO EMERGENCY FAMILY AND 3131 and 3132) on the wages paid with respect to
awaiting the results of a diagnostic test for, or MEDICAL LEAVE EXPANSION ACT.—Any reference the employment of all the employees of the eligi-
a medical diagnosis of, COVID-19 and such em- in this section to the Emergency Family and ble employer for such calendar quarter.
ployee has been exposed to COVID-19 or is un- Medical Leave Expansion Act shall be treated as ‘‘(3) REFUNDABILITY OF EXCESS CREDIT.—If
able to work pending the results of such test or including a reference to the amendments made the amount of the credit under subsection (a)
diagnosis, or the employee is obtaining immuni- by such Act. exceeds the limitation of paragraph (2) for any
zation related to COVID–19 or recovering from (f) APPLICATION OF SECTION.—Only days oc- calendar quarter, such excess shall be treated as
any injury, disability, illness, or condition re- curring during the period beginning on April 1, an overpayment that shall be refunded under
lated to such immunization’’ after ‘‘public 2021 and ending on September 30, 2021, may be sections 6402(a) and 6413(b).
health emergency’’, and taken into account under subsection (c)(1)(A). ‘‘(c) DEFINITIONS.—For purposes of this sec-
(B) section 110(b) of such Act shall be ap- (g) APPLICATION OF CREDIT IN CERTAIN POS- tion—
plied— SESSIONS.— ‘‘(1) APPLICABLE EMPLOYMENT TAXES.—The
(i) without regard to paragraph (1) thereof, (1) PAYMENTS TO POSSESSIONS WITH MIRROR term ‘applicable employment taxes’ means the
and CODE TAX SYSTEMS.—The Secretary shall pay to following:
(ii) by striking ‘‘after taking leave after such each possession of the United States which has ‘‘(A) The taxes imposed under section 3111(b).
section for 10 days’’ in paragraph (2)(A) thereof. a mirror code tax system amounts equal to the ‘‘(B) So much of the taxes imposed under sec-
(c) QUALIFIED FAMILY LEAVE EQUIVALENT loss (if any) to that possession by reason of the tion 3221(a) as are attributable to the rate in ef-
AMOUNT.—For purposes of this section— application of the provisions of this section. fect under section 3111(b).
(1) IN GENERAL.—The term ‘‘qualified family Such amounts shall be determined by the Sec- ‘‘(2) ELIGIBLE EMPLOYER.—
leave equivalent amount’’ means, with respect retary based on information provided by the ‘‘(A) IN GENERAL.—The term ‘eligible em-
to any eligible self-employed individual, an government of the respective possession. ployer’ means any employer—
amount equal to the product of— (2) PAYMENTS TO OTHER POSSESSIONS.—The ‘‘(i) which was carrying on a trade or business
(A) the number of days (not to exceed 60) dur- Secretary shall pay to each possession of the during the calendar quarter for which the credit
ing the taxable year that the individual is un- United States which does not have a mirror code is determined under subsection (a), and
able to perform services in any trade or business tax system amounts estimated by the Secretary ‘‘(ii) with respect to any calendar quarter, for
referred to in section 1402 of the Internal Rev- as being equal to the aggregate benefits (if any) which—
enue Code of 1986 for a reason with respect to that would have been provided to residents of ‘‘(I) the operation of the trade or business de-
which such individual would be entitled to re- such possession by reason of the provisions of scribed in clause (i) is fully or partially sus-
ceive paid leave as described in subsection (b) of this section if a mirror code tax system had been pended during the calendar quarter due to or-
this section, multiplied by in effect in such possession. The preceding sen- ders from an appropriate governmental author-
(B) the lesser of— tence shall not apply unless the respective pos- ity limiting commerce, travel, or group meetings
(i) 67 percent of the average daily self-employ- session has a plan, which has been approved by (for commercial, social, religious, or other pur-
ment income of the individual for the taxable the Secretary, under which such possession will poses) due to the coronavirus disease 2019
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year, or promptly distribute such payments to its resi- (COVID–19), or
(ii) $200. dents. ‘‘(II) the gross receipts (within the meaning of
(2) AVERAGE DAILY SELF-EMPLOYMENT IN- (3) MIRROR CODE TAX SYSTEM.—For purposes section 448(c)) of such employer for such cal-
COME.—For purposes of this subsection, the term of this section, the term ‘‘mirror code tax sys- endar quarter are less than 80 percent of the
‘‘average daily self-employment income’’ means tem’’ means, with respect to any possession of gross receipts of such employer for the same cal-
an amount equal to— the United States, the income tax system of such endar quarter in calendar year 2019.
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H827
With respect to any employer for any calendar extent that such amounts are properly allocable ‘‘(C) SPECIAL RULE FOR EMPLOYERS NOT IN EX-
quarter, if such employer was not in existence as to such employee (and to such period) in such ISTENCE IN 2019.—In the case of any employer
of the beginning of the same calendar quarter in manner as the Secretary may prescribe. Except that was not in existence in 2019, subparagraphs
calendar year 2019, clause (ii)(II) shall be ap- as otherwise provided by the Secretary, such al- (A) and (B) shall each be applied by sub-
plied by substituting ‘2020’ for ‘2019’. location shall be treated as properly made if stituting ‘2020’ for ‘2019’ each place it appears.
‘‘(B) ELECTION TO USE ALTERNATIVE QUAR- made on the basis of being pro rata among peri- ‘‘(3) RECONCILIATION OF CREDIT WITH ADVANCE
TER.—At the election of the employer— ods of coverage. PAYMENTS.—
‘‘(i) subparagraph (A)(ii)(II) shall be ap- ‘‘(5) OTHER TERMS.—Any term used in this ‘‘(A) IN GENERAL.—The amount of credit
plied— section which is also used in this chapter or which would (but for this subsection) be allowed
‘‘(I) by substituting ‘for the immediately pre- chapter 22 shall have the same meaning as when under this section shall be reduced (but not
ceding calendar quarter’ for ‘for such calendar used in such chapter. below zero) by the aggregate payment allowed to
quarter’, and ‘‘(d) AGGREGATION RULE.—All persons treated the taxpayer under paragraph (2). Any failure
‘‘(II) by substituting ‘the corresponding cal- as a single employer under subsection (a) or (b) to so reduce the credit shall be treated as arising
endar quarter in calendar year 2019’ for ‘the of section 52, or subsection (m) or (o) of section out of a mathematical or clerical error and as-
same calendar quarter in calendar year 2019’, 414, shall be treated as one employer for pur- sessed according to section 6213(b)(1).
and poses of this section. ‘‘(B) EXCESS ADVANCE PAYMENTS.—If the ad-
‘‘(ii) the last sentence of subparagraph (A) ‘‘(e) CERTAIN RULES TO APPLY.—For purposes vance payments to a taxpayer under paragraph
shall be applied by substituting ‘the cor- of this section, rules similar to the rules of sec- (2) for a calendar quarter exceed the credit al-
responding calendar quarter in calendar year tions 51(i)(1) and 280C(a) shall apply. lowed by this section (determined without re-
2019’ for ‘the same calendar quarter in calendar ‘‘(f) CERTAIN GOVERNMENTAL EMPLOYERS.— gard to subparagraph (A)), the tax imposed
year 2019’. ‘‘(1) IN GENERAL.—This credit shall not apply under section 3111(b) or so much of the tax im-
An election under this subparagraph shall be to the Government of the United States, the gov- posed under section 3221(a) as is attributable to
made at such time and in such manner as the ernment of any State or political subdivision the rate in effect under section 3111(b) (which-
Secretary shall prescribe. thereof, or any agency or instrumentality of any ever is applicable) for the calendar quarter shall
‘‘(C) TAX-EXEMPT ORGANIZATIONS.—In the of the foregoing. be increased by the amount of such excess.
case of an organization which is described in ‘‘(2) EXCEPTION.—Paragraph (1) shall not ‘‘(j) TREATMENT OF DEPOSITS.—The Secretary
section 501(c) and exempt from tax under section apply to— shall waive any penalty under section 6656 for
501(a)— ‘‘(A) any organization described in section any failure to make a deposit of any applicable
‘‘(i) clauses (i) and (ii)(I) of subparagraph (A) 501(c)(1) and exempt from tax under section employment taxes if the Secretary determines
shall apply to all operations of such organiza- 501(a), or that such failure was due to the reasonable an-
tion, and ‘‘(B) any entity described in paragraph (1) ticipation of the credit allowed under this sec-
‘‘(ii) any reference in this section to gross re- if— tion.
‘‘(i) such entity is a college or university, or ‘‘(k) EXTENSION OF LIMITATION ON ASSESS-
ceipts shall be treated as a reference to gross re-
‘‘(ii) the principal purpose or function of such MENT.—Notwithstanding section 6501, the limi-
ceipts within the meaning of section 6033.
entity is providing medical or hospital care. tation on the time period for the assessment of
‘‘(3) QUALIFIED WAGES.—
In the case of any entity described in subpara- any amount attributable to a credit claimed
‘‘(A) IN GENERAL.—The term ‘qualified wages’
graph (B), such entity shall be treated as satis- under this section shall not expire before the
means—
fying the requirements of subsection (c)(2)(A)(i). date that is 5 years after the later of—
‘‘(i) in the case of an eligible employer for
‘‘(g) ELECTION TO NOT TAKE CERTAIN WAGES ‘‘(1) the date on which the original return
which the average number of full-time employ-
INTO ACCOUNT.— which includes the calendar quarter with re-
ees (within the meaning of section 4980H) em- ‘‘(1) IN GENERAL.—This section shall not apply spect to which such credit is determined is filed,
ployed by such eligible employer during 2019 to so much of the qualified wages paid by an eli- or
was greater than 500, wages paid by such eligi- gible employer as such employer elects (at such ‘‘(2) the date on which such return is treated
ble employer with respect to which an employee time and in such manner as the Secretary may as filed under section 6501(b)(2).
is not providing services due to circumstances prescribe) to not take into account for purposes ‘‘(l) REGULATIONS AND GUIDANCE.—The Sec-
described in subclause (I) or (II) of paragraph of this section. retary shall issue such forms, instructions, regu-
(2)(A)(ii), or ‘‘(2) APPLICATION WHERE CERTAIN LOANS NOT lations, and guidance as are necessary—
‘‘(ii) in the case of an eligible employer for FORGIVEN.—The Secretary shall issue guidance ‘‘(1) to allow the advance payment of the
which the average number of full-time employ- providing that payroll costs paid during the cov- credit under subsection (a) as provided in sub-
ees (within the meaning of section 4980H) em- ered period shall not fail to be treated as quali- section (i)(2), subject to the limitations provided
ployed by such eligible employer during 2019 fied wages under this section by reason of para- in this section, based on such information as the
was not greater than 500— graph (1) to the extent that— Secretary shall require,
‘‘(I) with respect to an eligible employer de- ‘‘(A) a covered loan of the taxpayer under sec- ‘‘(2) with respect to the application of the
scribed in subclause (I) of paragraph (2)(A)(ii), tion 7(a)(37) of the Small Business Act is not credit under subsection (a) to third party payors
wages paid by such eligible employer with re- forgiven by reason of a decision under section (including professional employer organizations,
spect to an employee during any period de- 7(a)(37)(J) of such Act, or certified professional employer organizations, or
scribed in such clause, or ‘‘(B) a covered loan of the taxpayer under sec- agents under section 3504), including regula-
‘‘(II) with respect to an eligible employer de- tion 7A of the Small Business Act is not forgiven tions or guidance allowing such payors to sub-
scribed in subclause (II) of such paragraph, by reason of a decision under section 7A(g) of mit documentation necessary to substantiate the
wages paid by such eligible employer with re- such Act. eligible employer status of employers that use
spect to an employee during such quarter. ‘‘(h) THIRD PARTY PAYORS.—Any credit al- such payors, and
‘‘(B) EXCEPTION.—The term ‘qualified wages’ lowed under this section shall be treated as a ‘‘(3) to prevent the avoidance of the purposes
shall not include any wages taken into account credit described in section 3511(d)(2). of the limitations under this section, including
under sections 41, 45A, 45P, 45S, 51, 1396, 3131, ‘‘(i) ADVANCE PAYMENTS.— through the leaseback of employees.
and 3132. ‘‘(1) IN GENERAL.—Except as provided in para- Any forms, instructions, regulations, or guid-
‘‘(4) WAGES.— graph (2), no advance payment of the credit ance described in paragraph (2) shall require
‘‘(A) IN GENERAL.—The term ‘wages’ means under subsection (a) shall be allowed. the customer to be responsible for the account-
wages (as defined in section 3121(a)) and com- ‘‘(2) ADVANCE PAYMENTS TO SMALL EMPLOY- ing of the credit and for any liability for im-
pensation (as defined in section 3231(e)). For ERS.— properly claimed credits and shall require the
purposes of the preceding sentence, in the case ‘‘(A) IN GENERAL.—Under rules provided by certified professional employer organization or
of any organization or entity described in sub- the Secretary, an eligible employer for which the other third party payor to accurately report
section (f)(2), wages as defined in section 3121(a) average number of full-time employees (within such tax credits based on the information pro-
shall be determined without regard to para- the meaning of section 4980H) employed by such vided by the customer.
graphs (5), (6), (7), (10), and (13) of section eligible employer during 2019 was not greater ‘‘(m) APPLICATION.—This section shall only
3121(b) (except with respect to services per- than 500 may elect for any calendar quarter to apply to wages paid after June 30, 2021, and be-
formed in a penal institution by an inmate receive an advance payment of the credit under fore January 1, 2022.’’.
thereof). subsection (a) for such quarter in an amount (b) REFUNDS.—Paragraph (2) of section
‘‘(B) ALLOWANCE FOR CERTAIN HEALTH PLAN not to exceed 70 percent of the average quarterly 1324(b) of title 31, United States Code, is amend-
EXPENSES.— wages paid by the employer in calendar year ed by inserting ‘‘3134,’’ before ‘‘6428’’.
‘‘(i) IN GENERAL.—Such term shall include 2019. (c) CLERICAL AMENDMENT.—The table of sec-
amounts paid by the eligible employer to provide ‘‘(B) SPECIAL RULE FOR SEASONAL EMPLOY- tions for subchapter D of chapter 21 of subtitle
and maintain a group health plan (as defined in ERS.—In the case of any employer who employs C of the Internal Revenue Code of 1986 is
section 5000(b)(1)), but only to the extent that seasonal workers (as defined in section amended by adding at the end the following:
dlhill on DSK120RN23PROD with House
such amounts are excluded from the gross in- 45R(d)(5)(B)), the employer may elect to sub- ‘‘Sec. 3134. Employee retention credit for em-
come of employees by reason of section 106(a). stitute ‘the wages for the calendar quarter in ployers subject to closure due to
‘‘(ii) ALLOCATION RULES.—For purposes of this 2019 which corresponds to the calendar quarter COVID–19.’’.
section, amounts treated as wages under clause to which the election relates’ for ‘the average (d) EFFECTIVE DATE.—The amendments made
(i) shall be treated as paid with respect to any quarterly wages paid by the employer in cal- by this section shall apply to calendar quarters
employee (and with respect to any period) to the endar year 2019’. beginning after June 30, 2021.
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H828 CONGRESSIONAL RECORD — HOUSE February 26, 2021
PART 7—PREMIUM TAX CREDIT ‘‘(iii) TEMPORARY PERCENTAGES FOR 2021 AND ‘‘(II) the following table shall be applied in
SEC. 9661. IMPROVING AFFORDABILITY BY EX- 2022.—In the case of a taxable year beginning in lieu of the table contained in clause (i):
PANDING PREMIUM ASSISTANCE 2021 or 2022—
FOR CONSUMERS.
‘‘(I) clause (ii) shall not apply for purposes of
(a) IN GENERAL.—Section 36B(b)(3)(A) of the adjusting premium percentages under this sub-
Internal Revenue Code of 1986 is amended by
paragraph, and
adding at the end the following new clause:
‘‘In the case of household The initial The final
income (expressed as premium premium
a percent of poverty line) percentage percentage
within the following income tier: is— 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 pensation for any week unless such taxpayer (2) no deduction shall be denied, no tax at-
36B(c)(1) of the Internal Revenue Code of 1986 is provides self-attestation of, and such docu- tribute shall be reduced, and no basis increase
amended by adding at the end the following mentation as the Secretary shall prescribe which shall be denied, by reason of the exclusion from
new subparagraph: demonstrates, such receipt or approval. gross income provided by paragraph (1), and
‘‘(E) TEMPORARY RULE FOR 2021 AND 2022.—In ‘‘(4) CLARIFICATION OF RULES REMAINING AP- (3) in the case of a partnership or S corpora-
the case of a taxable year beginning in 2021 or PLICABLE.— tion that receives such amounts—
2022, subparagraph (A) shall be applied without ‘‘(A) JOINT RETURN REQUIREMENT.—Para- (A) except as otherwise provided by the Sec-
regard to ‘but does not exceed 400 percent’.’’. graph (1)(A) shall not affect the application of retary of the Treasury (or the Secretary’s dele-
(c) EFFECTIVE DATE.—The amendments made subsection (c)(1)(C). gate), any amount excluded from income by rea-
by this section shall apply to taxable years be- ‘‘(B) HOUSEHOLD INCOME AND son of paragraph (1) shall be treated as tax ex-
ginning after December 31, 2020. AFFORDABILLITY.—Paragraph (1)(B) shall not empt income for purposes of sections 705 and
SEC. 9662. TEMPORARY MODIFICATION OF LIMI- apply to any determination of household income 1366 of the Internal Revenue Code of 1986, and
TATIONS ON RECONCILIATION OF for purposes of paragraph (2)(C)(i)(II) or (B) the Secretary of the Treasury (or the Sec-
TAX CREDITS FOR COVERAGE (4)(C)(ii) of subsection (c)’’. retary’s delegate) shall prescribe rules for deter-
UNDER A QUALIFIED HEALTH PLAN (b) EFFECTIVE DATE.—The amendments made mining a partner’s distributive share of any
WITH ADVANCE PAYMENTS OF SUCH by this section shall apply to taxable years be- amount described in subparagraph (A) for pur-
CREDIT.
ginning after December 31, 2020. poses of section 705 of the Internal Revenue
(a) IN GENERAL.—Section 36B(f)(2)(B) of the
PART 8—MISCELLANEOUS PROVISIONS Code of 1986.
Internal Revenue Code of 1986 is amended by
SEC. 9671. REPEAL OF ELECTION TO ALLOCATE SEC. 9674. MODIFICATION OF EXCEPTIONS FOR
adding at the end the following new clause:
INTEREST, ETC. ON WORLDWIDE REPORTING OF THIRD PARTY NET-
‘‘(iii) TEMPORARY MODIFICATION OF LIMITA- WORK TRANSACTIONS.
BASIS.
TION ON INCREASE.—In the case of any taxable
(a) IN GENERAL.—Section 864 of the Internal (a) IN GENERAL.—Section 6050W(e) of the In-
year beginning in 2020, for any taxpayer who
Revenue Code of 1986 is amended by striking ternal Revenue Code of 1986 is amended to read
files for such taxable year an income tax return
subsection (f). as follows:
reconciling any advance payment of the credit
(b) EFFECTIVE DATE.—The amendment made ‘‘(e) DE MINIMIS EXCEPTION FOR THIRD PARTY
under this section, the Secretary shall treat sub-
by this section shall apply to taxable years be- SETTLEMENT ORGANIZATIONS.—A third party
paragraph (A) as not applying.’’.
ginning after December 31, 2020. settlement organization shall not be required to
(b) EFFECTIVE DATE.—The amendment made
SEC. 9672. TAX TREATMENT OF TARGETED EIDL report any information under subsection (a)
by this section shall apply to taxable years be-
ADVANCES. with respect to third party network transactions
ginning after December 31, 2019.
For purposes of the Internal Revenue Code of of any participating payee if the amount which
SEC. 9663. APPLICATION OF PREMIUM TAX CRED-
1986— would otherwise be reported under subsection
IT IN CASE OF INDIVIDUALS RECEIV-
ING UNEMPLOYMENT COMPENSA- (1) amounts received from the Administrator (a)(2) with respect to such transactions does not
TION DURING 2021. of the Small Business Administration in the exceed $600.’’.
(a) IN GENERAL.—Section 36B of the Internal form of a Targeted EIDL Advance shall not be (b) CLARIFICATION THAT REPORTING IS NOT
Revenue Code of 1986 is amended by redesig- included in the gross income of the person that REQUIRED ON TRANSACTIONS WHICH ARE NOT
nating subsection (g) as subsection (h) and by receives such amounts, FOR GOODS OR SERVICES.—Section 6050W(c)(3) of
inserting after subsection (f) the following new (2) no deduction shall be denied, no tax at- such Code is amended by inserting ‘‘described in
subsection: tribute shall be reduced, and no basis increase subsection (d)(3)(A)(iii)’’ after ‘‘any trans-
‘‘(g) SPECIAL RULE FOR INDIVIDUALS WHO RE- shall be denied, by reason of the exclusion from action’’.
CEIVE UNEMPLOYMENT COMPENSATION DURING gross income provided by paragraph (1), and (c) EFFECTIVE DATE.—
2021.— (3) in the case of a partnership or S corpora- (1) IN GENERAL.—The amendment made by
‘‘(1) IN GENERAL.—For purposes of this sec- tion that receives such amounts— subsection (a) shall apply to returns for cal-
tion, in the case of a taxpayer who has received, (A) any amount excluded from income by rea- endar years beginning after December 31, 2021.
or has been approved to receive, unemployment son of paragraph (1) shall be treated as tax ex- (2) CLARIFICATION.—The amendment made by
compensation for any week beginning during empt income for purposes of sections 705 and subsection (b) shall apply to transactions after
2021, for the taxable year in which such week 1366 of the Internal Revenue Code of 1986, and the date of the enactment of this Act.
begins— (B) the Secretary of the Treasury (or the Sec- Subtitle H—Pensions
‘‘(A) such taxpayer shall be treated as an ap- retary’s delegate) shall prescribe rules for deter- SEC. 9700. TEMPORARY DELAY OF DESIGNATION
plicable taxpayer, and mining a partner’s distributive share of any OF MULTIEMPLOYER PLANS AS IN
‘‘(B) there shall not be taken into account amount described in subparagraph (A) for pur- ENDANGERED, CRITICAL, OR CRIT-
any household income of the taxpayer in excess poses of section 705 of the Internal Revenue ICAL AND DECLINING STATUS.
of 133 percent of the poverty line for a family of Code of 1986. (a) IN GENERAL.—Notwithstanding the actu-
the size involved. SEC. 9673. TAX TREATMENT OF RESTAURANT RE- arial certification under section 305(b)(3) of the
‘‘(2) UNEMPLOYMENT COMPENSATION.—For VITALIZATION GRANTS. Employee Retirement Income Security Act of
purposes of this subsection, the term ‘unemploy- For purposes of the Internal Revenue Code of 1974 and section 432(b)(3) of the Internal Rev-
dlhill on DSK120RN23PROD with House
ment compensation’ has the meaning given such 1986— enue Code of 1986, if a plan sponsor of a multi-
term in section 85(b). (1) amounts received from the Administrator employer plan elects the application of this sec-
‘‘(3) EVIDENCE OF UNEMPLOYMENT COMPENSA- of the Small Business Administration in the tion, then, for purposes of section 305 of such
TION.—For purposes of this subsection, a tax- form of a Restaurant Revitalization Grant shall Act and section 432 of such Code—
payer shall not be treated as having received (or not be included in the gross income of the per- (1) the status of the plan for its first plan year
been approved to receive) unemployment com- son that receives such amounts, beginning during the period beginning on
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H829
March 1, 2020, and ending on February 28, 2021, SEC. 9701. TEMPORARY EXTENSION OF THE retirement rates, as determined by the plan
or the next succeeding plan year (as designated FUNDING IMPROVEMENT AND REHA- sponsor)’ after ‘net investment losses’ in sub-
BILITATION PERIODS FOR MULTIEM- paragraph (A)(i), and
by the plan sponsor in such election), shall be
PLOYER PENSION PLANS IN CRIT-
the same as the status of such plan under such ‘‘(iii) by substituting ‘this subparagraph or
ICAL AND ENDANGERED STATUS
sections for the plan year preceding such des- FOR 2020 OR 2021.
subparagraph (A)’ for ‘this subparagraph and
ignated plan year, and subparagraph (A) both’ in subparagraph
(a) IN GENERAL.—If the plan sponsor of a
(2) in the case of a plan which was in endan- (B)(iii).
multiemployer plan which is in endangered or The preceding sentence shall not apply to a
gered or critical status for the plan year pre- critical status for a plan year beginning in 2020
ceding the designated plan year described in plan to which special financial assistance is
or 2021 (determined after application of section granted under section 4262 of the Employee Re-
paragraph (1), the plan shall not be required to 9701) elects the application of this section, then,
update its plan or schedules under section tirement Income Security Act of 1974. For pur-
for purposes of section 305 of the Employee Re- poses of the application of this subparagraph,
305(c)(6) of such Act and section 432(c)(6) of tirement Income Security Act of 1974 and section
such Code, or section 305(e)(3)(B) of such Act the Secretary shall rely on the plan sponsor’s
432 of the Internal Revenue Code of 1986, the calculations of plan losses unless such calcula-
and section 432(e)(3)(B) of such Code, whichever plan’s funding improvement period or rehabili-
is applicable, until the plan year following the tions are clearly erroneous.’’.
tation period, whichever is applicable, shall be (b) EFFECTIVE DATES.—
designated plan year described in paragraph (1). extended by 5 years. (1) IN GENERAL.—The amendments made by
(b) EXCEPTION FOR PLANS BECOMING CRITICAL (b) DEFINITIONS AND SPECIAL RULES.—For this section shall take effect as of the first day
DURING ELECTION.—If— purposes of this section— of the first plan year ending on or after Feb-
(1) an election was made under subsection (a) (1) ELECTION.—An election under this section ruary 29, 2020, except that any election a plan
with respect to a multiemployer plan, and shall be made at such time, and in such manner makes pursuant to this section that affects the
(2) such plan has, without regard to such elec- and form, as (in consultation with the Secretary plan’s funding standard account for the first
tion, been certified by the plan actuary under of Labor) the Secretary of the Treasury or the plan year beginning after February 29, 2020,
section 305(b)(3) of the Employee Retirement In- Secretary’s delegate may prescribe. shall be disregarded for purposes of applying
come Security Act of 1974 and section 432(b)(3) (2) DEFINITIONS.—Any term which is used in the provisions of section 305 of the Employee Re-
of the Internal Revenue Code of 1986 to be in this section which is also used in section 305 of tirement Income Security Act of 1974 and section
critical status for the designated plan year de- the Employee Retirement Income Security Act of 432 of the Internal Revenue Code of 1986 to such
scribed in subsection (a)(1), then such plan shall 1974 and section 432 of the Internal Revenue plan year.
be treated as a plan in critical status for such Code of 1986 shall have the same meaning as (2) RESTRICTIONS ON BENEFIT INCREASES.—Not-
plan year for purposes of applying section when used in such sections. withstanding paragraph (1), the restrictions on
4971(g)(1)(A) of such Code, section 302(b)(3) of (c) EFFECTIVE DATE.—This section shall apply plan amendments increasing benefits in sections
such Act (without regard to the second sentence to plan years beginning after December 31, 2019. 304(b)(8)(D) of such Act and 431(b)(8)(D) of such
thereof), and section 412(b)(3) of such Code SEC. 9702. ADJUSTMENTS TO FUNDING STAND- Code, as applied by the amendments made by
(without regard to the second sentence thereof). ARD ACCOUNT RULES. this section, shall take effect on the date of en-
(c) ELECTION AND NOTICE.— (a) ADJUSTMENTS.— actment of this Act.
(1) ELECTION.—An election under subsection (1) AMENDMENT TO EMPLOYEE RETIREMENT IN- SEC. 9703. SPECIAL FINANCIAL ASSISTANCE PRO-
(a)— COME SECURITY ACT OF 1974.—Section 304(b)(8) of GRAM FOR FINANCIALLY TROUBLED
(A) shall be made at such time and in such the Employee Retirement Income Security Act of MULTIEMPLOYER PLANS.
manner as the Secretary of the Treasury or the 1974 (29 U.S.C. 1084(b)) is amended by adding at (a) APPROPRIATION.—Section 4005 of the Em-
Secretary’s delegate may prescribe and, once the end the following new subparagraph: ployee Retirement Income Security Act of 1974
made, may be revoked only with the consent of ‘‘(F) RELIEF FOR 2020 AND 2021.—A multiem- (29 U.S.C. 1305) is amended by adding at the end
the Secretary, and ployer plan with respect to which the solvency the following:
(B) if made— test under subparagraph (C) is met as of Feb- ‘‘(i)(1) An eighth fund shall be established for
(i) before the date the annual certification is ruary 29, 2020, may elect to apply this para- special financial assistance to multiemployer
submitted to the Secretary or the Secretary’s graph (without regard to whether such plan pension plans, as provided under section 4262,
delegate under section 305(b)(3) of such Act and previously elected the application of this para- and to pay for necessary administrative and op-
section 432(b)(3) of such Code, shall be included graph)— erating expenses of the corporation relating to
with such annual certification, and ‘‘(i) by substituting ‘February 29, 2020’ for such assistance.
(ii) after such date, shall be submitted to the ‘August 31, 2008’ each place it appears in sub- ‘‘(2) There is appropriated from the general
Secretary or the Secretary’s delegate not later paragraphs (A)(i), (B)(i)(I), and (B)(i)(II), fund such amounts as are necessary for the
than 30 days after the date of the election. ‘‘(ii) by inserting ‘and other losses related to costs of providing financial assistance under
(2) NOTICE TO PARTICIPANTS.— the virus SARS–CoV–2 or coronavirus disease section 4262 and necessary administrative and
(A) IN GENERAL.—Notwithstanding section 2019 (COVID–19) (including experience losses re- operating expenses of the corporation. The
305(b)(3)(D) of the Employee Retirement Income lated to reductions in contributions, reductions eighth fund established under this subsection
Security Act of 1974 and section 432(b)(3)(D) of in employment, and deviations from anticipated shall be credited with amounts from time to time
the Internal Revenue Code of 1986, if, by reason retirement rates, as determined by the plan as the Secretary of the Treasury, in conjunction
of an election made under subsection (a), the sponsor)’ after ‘net investment losses’ in sub- with the Director of the Pension Benefit Guar-
plan is in neither endangered nor critical sta- paragraph (A)(i), and anty Corporation, determines appropriate, from
tus— ‘‘(iii) by substituting ‘this subparagraph or the general fund of the Treasury, but in no case
(i) the plan sponsor of a multiemployer plan subparagraph (A)’ for ‘this subparagraph and shall such transfers occur after September 30,
shall not be required to provide notice under subparagraph (A) both’ in subparagraph 2030.’’.
such sections, and (B)(iii). (b) FINANCIAL ASSISTANCE AUTHORITY.—The
(ii) the plan sponsor shall provide to the par- The preceding sentence shall not apply to a Employee Retirement Income Security Act of
ticipants and beneficiaries, the bargaining par- plan to which special financial assistance is 1974 is amended by inserting after section 4261 of
ties, the Pension Benefit Guaranty Corporation, granted under section 4262. For purposes of the such Act (29 U.S.C. 1431) the following:
and the Secretary of Labor a notice of the elec- application of this subparagraph, the Secretary ‘‘SEC. 4262. SPECIAL FINANCIAL ASSISTANCE BY
THE CORPORATION.
tion under subsection (a) and such other infor- of the Treasury shall rely on the plan sponsor’s
mation as the Secretary of the Treasury (in con- ‘‘(a) SPECIAL FINANCIAL ASSISTANCE.—
calculations of plan losses unless such calcula-
‘‘(1) IN GENERAL.—The corporation shall pro-
sultation with the Secretary of Labor) may re- tions are clearly erroneous.’’.
vide special financial assistance to an eligible
quire— (2) AMENDMENT TO INTERNAL REVENUE CODE
multiemployer plan under this section, upon the
(I) if the election is made before the date the OF 1986.—Section 431(b)(8) of the Internal Rev-
application of a plan sponsor of such a plan for
annual certification is submitted to the Sec- enue Code of 1986 is amended by adding at the
such assistance.
retary or the Secretary’s delegate under section end the following new subparagraph: ‘‘(2) INAPPLICABILITY OF CERTAIN REPAYMENT
305(b)(3) of such Act and section 432(b)(3) of ‘‘(F) RELIEF FOR 2020 AND 2021.—A multiem- OBLIGATION.—A plan receiving special financial
such Code, not later than 30 days after the date ployer plan with respect to which the solvency assistance pursuant to this section shall not be
of the certification, and test under subparagraph (C) is met as of Feb- subject to repayment obligations with respect to
(II) if the election is made after such date, not ruary 29, 2020, may elect to apply this para- such special financial assistance.
later than 30 days after the date of the election. graph (without regard to whether such plan ‘‘(b) ELIGIBLE MULTIEMPLOYER PLANS.—
(B) NOTICE OF ENDANGERED STATUS.—Not- previously elected the application of this para- ‘‘(1) IN GENERAL.—For purposes of this sec-
withstanding section 305(b)(3)(D) of such Act graph)— tion, a multiemployer plan is an eligible multi-
and section 432(b)(3)(D) of such Code, if the ‘‘(i) by substituting ‘February 29, 2020’ for employer plan if—
plan is certified to be in critical status for any ‘August 31, 2008’ each place it appears in sub- ‘‘(A) the plan is in critical and declining sta-
dlhill on DSK120RN23PROD with House
plan year but is in endangered status by reason paragraphs (A)(i), (B)(i)(I), and (B)(i)(II), tus (within the meaning of section 305(b)(6)) in
of an election made under subsection (a), the ‘‘(ii) by inserting ‘and other losses related to any plan year beginning in 2020 through 2022;
notice provided under such sections shall be the the virus SARS–CoV–2 or coronavirus disease ‘‘(B) a suspension of benefits has been ap-
notice which would have been provided if the 2019 (COVID–19) (including experience losses re- proved with respect to the plan under section
plan had been certified to be in endangered sta- lated to reductions in contributions, reductions 305(e)(9) as of the date of the enactment of this
tus. in employment, and deviations from anticipated section;
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H830 CONGRESSIONAL RECORD — HOUSE February 26, 2021
‘‘(C) in any plan year beginning in 2020 status before January 1, 2021, provided that shall not be capped by the guarantee under
through 2022, the plan is certified by the plan such interest rate may not exceed the interest 4022A.
actuary to be in critical status (within the rate limit; and ‘‘(j) DETERMINATION OF AMOUNT OF SPECIAL
meaning of section 305(b)(2)), has a modified ‘‘(B) for other assumptions, use the assump- FINANCIAL ASSISTANCE.—
funded percentage of less than 40 percent, and tions that the plan used in its most recently ‘‘(1) IN GENERAL.—The amount of financial
has a ratio of active to inactive participants completed certification of plan status before assistance provided to a multiemployer plan eli-
which is less than 2 to 3; or January 1, 2021, unless such assumptions are gible for financial assistance under this section
‘‘(D) the plan became insolvent for purposes unreasonable. shall be such amount required for the plan to
of section 418E of the Internal Revenue Code of ‘‘(3) INTEREST RATE.—The interest rate limit pay all benefits due during the period beginning
1986 after December 16, 2014, and has remained for purposes of this subsection is the rate speci- on the date of payment of the special financial
so insolvent and has not been terminated as of fied in section 303(h)(2)(C)(iii) (disregarding assistance payment under this section and end-
the date of enactment of this section. modifications made under clause (iv) of such ing on the last day of the plan year ending in
‘‘(2) MODIFIED FUNDED PERCENTAGE.—For section) for the month in which the application 2051, with no reduction in a participant’s or
purposes of paragraph (1)(C), the term ‘modified for special financial assistance is filed by the el- beneficiary’s accrued benefit as of the date of
funded percentage’ means the percentage equal igible multiemployer plan or the 3 preceding enactment of this section, except to the extent of
to a fraction the numerator of which is current months, with such specified rate increased by a reduction in accordance with section 305(e)(8)
value of plan assets (as defined in section 3(26) 200 basis points. adopted prior to the plan’s application for spe-
of such Act) and the denominator of which is ‘‘(4) CHANGES IN ASSUMPTIONS.—If a plan de- cial financial assistance under this section, and
current liabilities (as defined in section termines that use of one or more prior assump- taking into account the reinstatement of bene-
431(c)(6)(D) of such Code and section tions is unreasonable, the plan may propose in fits required under subsection (k).
304(c)(6)(D) of such Act). its application to change such assumptions, pro- ‘‘(2) PROJECTIONS.—The funding projections
‘‘(c) APPLICATIONS FOR SPECIAL FINANCIAL AS- vided that the plan discloses such changes in its for purposes of this section shall be performed
SISTANCE.—Within 120 days of the date of enact- application and describes why such assumptions on a deterministic basis.
ment of this section, the corporation shall issue are no longer reasonable. The corporation shall ‘‘(k) REINSTATEMENT OF SUSPENDED BENE-
regulations or guidance setting forth require- FITS.—The Secretary, in coordination with the
accept such changed assumptions unless it de-
ments for special financial assistance applica- termines the changes are unreasonable, individ- Secretary of the Treasury, shall ensure that an
tions under this section. In such regulations or ually or in the aggregate. The plan may not eligible multiemployer plan that receives special
guidance, the corporation shall— propose a change to the interest rate otherwise financial assistance under this section—
‘‘(1) limit the materials required for a special ‘‘(1) reinstates any benefits that were sus-
required under this subsection for eligibility or
financial assistance application to the minimum pended under section 305(e)(9) or section 4245(a)
financial assistance amount.
necessary to make a determination on the appli- in accordance with guidance issued by the Sec-
‘‘(f) APPLICATION DEADLINE.—Any application
cation; retary of the Treasury pursuant to section
by a plan for special financial assistance under
‘‘(2) specify effective dates for transfers of 432(k)(1)(B) of the Internal Revenue Code of
this section shall be submitted to the corporation
special financial assistance following approval 1986, effective as of the first month in which the
(and, in the case of a plan to which section
of an application, based on the effective date of effective date for the special financial assistance
432(k)(1)(D) of the Internal Revenue Code of
the supporting actuarial analysis and the date occurs, for participants and beneficiaries as of
1986 applies, to the Secretary of the Treasury)
on which the application is submitted; and such month; and
no later than December 31, 2025, and any re- ‘‘(2) provides payments equal to the amount of
‘‘(3) provide for an alternate application for vised application for special financial assistance
special financial assistance under this section, benefits previously suspended under section
shall be submitted no later than December 31, 305(e)(9) or 4245(a) to any participants or bene-
which may be used by a plan that has been ap- 2026.
proved for a partition under section 4233 before ficiaries in pay status as of the effective date of
‘‘(g) DETERMINATIONS ON APPLICATIONS.—A the special financial assistance, payable, as de-
the date of enactment of this section. plan’s application for special financial assist-
‘‘(d) TEMPORARY PRIORITY CONSIDERATION OF termined by the eligible multiemployer plan—
ance under this section that is timely filed in ac- ‘‘(A) as a lump sum within 3 months of such
APPLICATIONS.— cordance with the regulations or guidance
‘‘(1) IN GENERAL.—The corporation may speci- effective date; or
issued under subsection (c) shall be deemed ap- ‘‘(B) in equal monthly installments over a pe-
fy in regulations or guidance under subsection
proved unless the corporation notifies the plan riod of 5 years, commencing within 3 months of
(c) that, during a period no longer than the first
within 120 days of the filing of the application such effective date, with no adjustment for in-
2 years following the date of enactment of this
that the application is incomplete, any proposed terest.
section, applications may not be filed by an eli-
change or assumption is unreasonable, or the ‘‘(l) WITHDRAWAL LIABILITY.—An employer’s
gible multiemployer plan unless—
‘‘(A) the eligible multiemployer plan is insol- plan is not eligible under this section. Such no- withdrawal liability for purposes of this title
vent or is likely to become insolvent within 5 tice shall specify the reasons the plan is ineli- shall be calculated without taking into account
years of the date of enactment of this section; gible for special financial assistance, any pro- special financial assistance received under this
‘‘(B) the corporation projects the eligible mul- posed change or assumption is unreasonable, or section until the plan year beginning 15 cal-
tiemployer plan to have a present value of fi- information is needed to complete the applica- endar years after the effective date of the spe-
nancial assistance payments under section 4261 tion. If a plan is denied assistance under this cial financial assistance.
that exceeds $1,000,000,000 if the special finan- subsection, the plan may submit a revised appli- ‘‘(m) REQUIRED DISCLOSURE.—An eligible plan
cial assistance is not ordered; cation under this section. Any revised applica- that receives special financial assistance under
‘‘(C) the eligible multiemployer plan has im- tion for special financial assistance submitted this section shall provide to the corporation, the
plemented benefit suspensions under section by a plan shall be deemed approved unless the Secretary of the Treasury, each employer that
305(e)(9) as of the date of the enactment of this corporation notifies the plan within 120 days of has an obligation to contribute to such plan,
section; or the filing of the revised application that the ap- and each labor organization representing par-
‘‘(D) the corporation determines it appropriate plication is incomplete, any proposed change or ticipants employed by such employer, an esti-
based on other similar circumstances. assumption is unreasonable, or the plan is not mate of the employer’s share of the plan’s un-
‘‘(e) ACTUARIAL ASSUMPTIONS.— eligible under this section. Special financial as- funded vested benefits as of the end of each
‘‘(1) ELIGIBILITY.—For purposes of deter- sistance issued by the corporation shall be effec- plan year ending after the date of enactment of
mining eligibility for special financial assist- tive on a date determined by the corporation, this section, as determined after taking into ac-
ance, the corporation shall accept assumptions but no later than 1 year after a plan’s special fi- count any special financial assistance received
incorporated in a multiemployer plan’s deter- nancial assistance application is approved by under this section. Such disclosure shall include
mination that it is in critical status or critical the corporation or deemed approved. The cor- a statement that, due to the special financial as-
and declining status (within the meaning of sec- poration shall not pay any special financial as- sistance provided under this section, the plan
tion 305(b)) for certifications of plan status com- sistance after September 30, 2030. will have sufficient resources to pay 100 percent
pleted before January 1, 2021, unless such as- ‘‘(h) MANNER OF PAYMENT.—The payment of the plan’s benefit obligations until the last
sumptions are clearly erroneous. For certifi- made by the corporation to an eligible multiem- day of the plan year ending in 2051.
cations of plan status completed after December ployer plan under this section shall be made as ‘‘(n) RESTRICTIONS ON THE USE OF SPECIAL FI-
31, 2020, a plan shall determine whether it is in a single, lump sum payment. NANCIAL ASSISTANCE.—Special financial assist-
critical or critical and declining status for pur- ‘‘(i) AMOUNT AND MANNER OF SPECIAL FINAN- ance received under this section and any earn-
poses of eligibility for special financial assist- CIAL ASSISTANCE.— ings thereon may be used by an eligible multiem-
ance by using the assumptions that the plan ‘‘(1) IN GENERAL.—Special financial assistance ployer plan to make benefit payments and pay
used in its most recently completed certification under this section shall be a transfer of funds in plan expenses. Special financial assistance and
of plan status before January 1, 2021, unless the amount necessary as demonstrated by the any earnings on such assistance shall be seg-
such assumptions (excluding the plan’s interest plan sponsor on the application for such special regated from other plan assets. Special financial
rate) are unreasonable. financial assistance, in accordance with the re- assistance shall be invested by plans in invest-
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‘‘(2) AMOUNT OF FINANCIAL ASSISTANCE.—In quirements described in subsection (j). Special ment-grade bonds or other investments as per-
determining the amount of special financial as- financial assistance shall be paid to such plan mitted by the corporation.
sistance in its application, an eligible multiem- as soon as practicable upon approval of the ap- ‘‘(o) CONDITIONS ON PLANS RECEIVING SPECIAL
ployer plan shall— plication by the corporation. FINANCIAL ASSISTANCE.—
‘‘(A) use the interest rate used by the plan in ‘‘(2) NO CAP.—Special financial assistance ‘‘(1) IN GENERAL.—The corporation, in con-
its most recently completed certification of plan granted by the corporation under this section sultation with the Secretary of the Treasury,
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H831
may impose, by regulation, reasonable condi- subsection (d), the corporation shall consult thereunder by the Pension Benefit Guaranty
tions on an eligible multiemployer plan that re- with the Secretary of the Treasury regarding Corporation.
ceives special financial assistance relating to in- any granting of priority consideration to such ‘‘(B) REINSTATEMENT OF SUSPENDED BENE-
creases in future accrual rates and any retro- plans.’’. FITS.—In the case of a plan for which a suspen-
active benefit improvements, allocation of plan (c) PREMIUM RATE INCREASE.—Section sion of benefits has been approved under sub-
assets, reductions in employer contribution 4006(a)(3) of the Employee Retirement Income section (e)(9), the application shall describe the
rates, diversion of contributions to, and alloca- Security Act of 1974 (29 U.S.C. 1306(a)(3)) is manner in which suspended benefits will be re-
tion of expenses to, other benefit plans, and amended— instated in accordance with paragraph (2)(A)
withdrawal liability. (1) in subparagraph (A)— and guidance issued by the Secretary if the plan
‘‘(2) LIMITATION.—The corporation shall not (A) in clause (vi)— receives special financial assistance.
impose conditions on an eligible multiemployer (i) by inserting ‘‘, and before January 1, 2031’’ ‘‘(C) AMOUNT OF FINANCIAL ASSISTANCE.—
plan as a condition of, or following receipt of, after ‘‘December 31, 2014,’’; and ‘‘(i) IN GENERAL.—In determining the amount
special financial assistance under this section (ii) by striking ‘‘or’’ at the end; of special financial assistance to be specified in
relating to— (B) in clause (vii)— its application, an eligible multiemployer plan
‘‘(A) any prospective reduction in plan bene- (i) by moving the margin 2 ems to the left; and shall—
fits (including benefits that may be adjusted (ii) in subclause (II), by striking the period ‘‘(I) use the interest rate used by the plan in
pursuant to section 305(e)(8)); and inserting ‘‘, or’’; and its most recently completed certification of plan
‘‘(B) plan governance, including selection of, (C) by adding at the end the following: status before January 1, 2021, provided that
removal of, and terms of contracts with, trust- ‘‘(viii) in the case of a multiemployer plan, for such interest rate does not exceed the interest
ees, actuaries, investment managers, and other plan years beginning after December 31, 2030, rate limit, and
service providers; or $52 for each individual who is a participant in ‘‘(II) for other assumptions, use the assump-
‘‘(C) any funding rules relating to the plan re- such plan during the applicable plan year.’’; tions that the plan used in its most recently
ceiving special financial assistance under this and completed certification of plan status before
section. (2) by adding at the end the following: January 1, 2021, unless such assumptions are
‘‘(3) PAYMENT OF PREMIUMS.—An eligible mul- ‘‘(N) For each plan year beginning in a cal- unreasonable.
tiemployer plan receiving special financial as- endar year after 2031, there shall be substituted ‘‘(ii) INTEREST RATE.—For purposes of clause
sistance under this section shall continue to pay for the dollar amount specified in clause (viii) of (i), the interest rate limit is the rate specified in
all premiums due under section 4007 for partici- subparagraph (A) an amount equal to the great- section 430(h)(2)(C)(iii) (disregarding modifica-
pants and beneficiaries in the plan. er of— tions made under clause (iv) of such section) for
‘‘(4) ASSISTANCE NOT CONSIDERED FOR CERTAIN ‘‘(i) the product derived by multiplying such the month in which the application for special
PURPOSES.—An eligible multiemployer plan that dollar amount by the ratio of— financial assistance is filed by the eligible multi-
receives special financial assistance shall be ‘‘(I) the national average wage index (as de- employer plan or the 3 preceding months, with
deemed to be in critical status within the mean- fined in section 209(k)(1) of the Social Security such specified rate increased by 200 basis points.
ing of section 305(b)(2) until the last plan year Act) for the first of the 2 calendar years pre- ‘‘(iii) CHANGES IN ASSUMPTIONS.—If a plan de-
ending in 2051. ceding the calendar year in which such plan termines that use of one or more prior assump-
‘‘(5) INSOLVENT PLANS.—An eligible multiem- year begins, to tions is unreasonable, the plan may propose in
ployer plan receiving special financial assist- ‘‘(II) the national average wage index (as so its application to change such assumptions, pro-
ance under this section that subsequently be- defined) for 2029; and vided that the plan discloses such changes in its
comes insolvent will be subject to the current ‘‘(ii) such dollar amount for plan years begin- application and describes why such assumptions
rules and guarantee for insolvent plans. ning in the preceding calendar year. are no longer reasonable. The plan may not pro-
‘‘(6) INELIGIBILITY FOR OTHER ASSISTANCE.— If the amount determined under this subpara- pose a change to the interest rate otherwise re-
An eligible multiemployer plan that receives spe- graph is not a multiple of $1, such product shall quired under this subsection for eligibility or fi-
cial financial assistance under this section is be rounded to the nearest multiple of $1.’’. nancial assistance amount.
not eligible to apply for a new suspension of (d) AMENDMENTS TO INTERNAL REVENUE CODE ‘‘(D) PLANS APPLYING FOR PRIORITY CONSIDER-
benefits under section 305(e)(9)(G). OF 1986.— ATION.—In the case of a plan applying for spe-
‘‘(p) COORDINATION WITH SECRETARY OF THE (1) IN GENERAL.—Section 432(a) of the Internal cial financial assistance under rules providing
TREASURY.—In prescribing the application proc- Revenue Code of 1986 is amended— for temporary priority consideration, as pro-
ess for eligible multiemployer plans to receive (A) by striking ‘‘and’’ at the end of paragraph vided in paragraph (4)(C), such plan’s applica-
special financial assistance under this section (2)(B), tion shall be submitted to the Secretary in addi-
and reviewing applications of such plans, the (B) by striking the period at the end of para- tion to the Pension Benefit Guaranty Corpora-
corporation shall coordinate with the Secretary graph (3)(B) and inserting ‘‘, and’’, and tion.
of the Treasury in the following manner: (C) by adding at the end the following new ‘‘(2) PLANS RECEIVING SPECIAL FINANCIAL AS-
‘‘(1) In the case of a plan which has sus- paragraph: SISTANCE.—In the case of an eligible multiem-
pended benefits under section 305(e)(9)— ‘‘(4) if the plan is an eligible multiemployer ployer plan receiving special financial assist-
‘‘(A) in determining whether to approve the plan which is applying for or receiving special ance under section 4262 of the Employee Retire-
application, the corporation shall consult with financial assistance under section 4262 of the ment Income Security Act of 1974—
the Secretary of the Treasury regarding the Employee Retirement Income Security Act of ‘‘(A) REINSTATEMENT OF SUSPENDED BENE-
plan’s proposed method of reinstating benefits, 1974, the requirements of subsection (k) shall FITS.—The plan shall—
as described in the plan’s application and in ac- apply to the plan.’’. ‘‘(i) reinstate any benefits that were sus-
cordance with guidance issued by the Secretary (2) PLANS RECEIVING SPECIAL FINANCIAL AS- pended under subsection (e)(9) or section 4245(a)
of the Treasury, and SISTANCE TO BE IN CRITICAL STATUS.—Section of the Employee Retirement Income Security Act
‘‘(B) the corporation shall consult with the 432(b) of the Internal Revenue Code of 1986 is of 1974, effective as of the first month in which
Secretary of the Treasury regarding the amount amended by adding at the end the following the effective date for the special financial assist-
of special financial assistance needed based on new paragraph: ance occurs, for participants and beneficiaries
the projected funded status of the plan as of the ‘‘(7) PLANS RECEIVING SPECIAL FINANCIAL AS- as of such month, and
last day of the plan year ending in 2051, wheth- SISTANCE.—If an eligible multiemployer plan re- ‘‘(ii) provide payments equal to the amount of
er the plan proposes to repay benefits over 5 ceiving special financial assistance under sec- benefits previously suspended to any partici-
years or as a lump sum, as required by sub- tion 4262 of the Employee Retirement Income Se- pants or beneficiaries in pay status as of the ef-
section (k)(2), and any other relevant factors, as curity Act of 1974 meets the requirements of sub- fective date of the special financial assistance,
determined by the corporation in consultation section (k)(2), notwithstanding the preceding payable, as determined by the plan—
with the Secretary of the Treasury, to ensure paragraphs of this subsection, the plan shall be ‘‘(I) as a lump sum within 3 months of such
the amount of assistance is sufficient to meet deemed to be in critical status for plan years be- effective date; or
such requirement and is sufficient to pay bene- ginning with the plan year in which the effec- ‘‘(II) in equal monthly installments over a pe-
fits as required in subsection (j)(1). tive date for such assistance occurs and ending riod of 5 years, commencing within 3 months of
‘‘(2) In the case of any plan which proposes in with the last plan year ending in 2051.’’. such effective date, with no adjustment for in-
its application to change the assumptions used, (3) RULES RELATING TO ELIGIBLE MULTIEM- terest.
as provided in subsection (e)(4), the corporation PLOYER PLANS.—Section 432 of the Internal Rev- ‘‘(B) RESTRICTIONS ON THE USE OF SPECIAL FI-
shall consult with the Secretary of the Treasury enue Code of 1986 is amended by adding at the NANCIAL ASSISTANCE.—Special financial assist-
regarding such proposed change in assumptions. end the following new subsection: ance received by the plan may be used to make
‘‘(3) If the corporation specifies in regulations ‘‘(k) RULES RELATING TO ELIGIBLE MULTIEM- benefit payments and pay plan expenses. Such
or guidance that temporary priority consider- PLOYER PLANS.— assistance shall be segregated from other plan
ation is available for plans which are insolvent ‘‘(1) PLANS APPLYING FOR SPECIAL FINANCIAL assets, and shall be invested by the plan in in-
dlhill on DSK120RN23PROD with House
within the meaning of section 418E of the Inter- ASSISTANCE.—In the case of an eligible multiem- vestment-grade bonds or other investments as
nal Revenue Code of 1986 or likely to become so ployer plan which applies for special financial permitted by regulations or other guidance
insolvent or for plans which have suspended assistance under section 4262 of such Act— issued by the Pension Benefit Guaranty Cor-
benefits under section 305(e)(9), or that avail- ‘‘(A) IN GENERAL.—Such application shall be poration.
ability is otherwise based on the funded status submitted in accordance with the requirements ‘‘(C) CONDITIONS ON PLANS RECEIVING SPECIAL
of the plan under section 305, as permitted by of such section, including any guidance issued FINANCIAL ASSISTANCE.—
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H832 CONGRESSIONAL RECORD — HOUSE February 26, 2021
‘‘(i) IN GENERAL.—The Pension Benefit Guar- and has remained so insolvent and has not been garding any granting of priority consideration
anty Corporation, in consultation with the Sec- terminated as of the date of enactment of this to such plans.’’.
retary, may impose, by regulation, reasonable subsection. SEC. 9704. EXTENDED AMORTIZATION FOR SIN-
conditions on an eligible multiemployer plan re- ‘‘(B) MODIFIED FUNDED PERCENTAGE.—For GLE EMPLOYER PLANS.
ceiving special financial assistance relating to purposes of subparagraph (A)(iii), the term (a) 15-YEAR AMORTIZATION UNDER THE INTER-
increases in future accrual rates and any retro- ‘modified funded percentage’ means the percent- NAL REVENUE CODE OF 1986.—Section 430(c) of
active benefit improvements, allocation of plan age equal to a fraction the numerator of which the Internal Revenue Code of 1986 is amended
assets, reductions in employer contribution is current value of plan assets (as defined in by adding at the end the following new para-
rates, diversion of contributions and allocation section 3(26) of the Employee Retirement Income graph:
of expenses to other benefit plans, and with- Security Act of 1974) and the denominator of
‘‘(8) 15-YEAR AMORTIZATION.—With respect to
drawal liability. which is current liabilities (as defined in section
‘‘(ii) LIMITATION.—The Pension Benefit Guar- plan years beginning after December 31, 2019
431(c)(6)(D)).
anty Corporation shall not impose conditions on ‘‘(4) COORDINATION WITH PENSION BENEFIT (or, at the election of the plan sponsor, after De-
an eligible multiemployer plan as a condition of, GUARANTY CORPORATION.—In prescribing the ap-
cember 31, 2018)—
or following receipt of, special financial assist- plication process for eligible multiemployer ‘‘(A) the shortfall amortization bases for all
ance relating to— plans to receive special financial assistance plan years preceding the first plan year begin-
‘‘(I) any prospective reduction in plan benefits under section 4262 of the Employee Retirement ning after December 31, 2019 (or after December
(including benefits that may be adjusted pursu- Income Security Act of 1974 and reviewing ap- 31, 2018, whichever is elected), and all shortfall
ant to subsection (e)(8)), plications of such plans, the Pension Benefit amortization installments determined with re-
‘‘(II) plan governance, including selection of, Guaranty Corporation shall coordinate with the spect to such bases, shall be reduced to zero,
removal of, and terms of contracts with, trust- Secretary in the following manner: and
ees, actuaries, investment managers, and other ‘‘(A) In the case of a plan which has sus- ‘‘(B) subparagraphs (A) and (B) of paragraph
service providers, or pended benefits under subsection (e)(9)— (2) shall each be applied by substituting ‘15-
‘‘(III) any funding rules relating to the plan. ‘‘(i) in determining whether to approve the plan-year period’ for ‘7-plan-year period’.’’.
‘‘(D) ASSISTANCE DISREGARDED FOR CERTAIN application, such corporation shall consult with (b) 15-YEAR AMORTIZATION UNDER THE EM-
PURPOSES.— the Secretary regarding the plan’s proposed PLOYEE RETIREMENT INCOME SECURITY ACT OF
‘‘(i) FUNDING STANDARDS.—Special financial method of reinstating benefits, as described in 1974.—Section 303(c) of the Employee Retirement
assistance received by the plan shall not be the plan’s application and in accordance with Income Security Act of 1974 (29 U.S.C. 1083(c)) is
taken into account for determining contribu- guidance issued by the Secretary, and amended by adding at the end the following
tions required under section 431. ‘‘(ii) such corporation shall consult with the new paragraph:
‘‘(ii) INSOLVENT PLANS.—If the plan becomes
Secretary regarding the amount of special fi- ‘‘(8) 15-YEAR AMORTIZATION.—With respect to
insolvent within the meaning of section 418E
nancial assistance needed based on the pro- plan years beginning after December 31, 2019
after receiving special financial assistance, the
jected funded status of the plan as of the last (or, at the election of the plan sponsor, after De-
plan shall be subject to all rules applicable to
day of the plan year ending in 2051, whether the cember 31, 2018)—
insolvent plans.
plan proposes to repay benefits over 5 years or ‘‘(A) the shortfall amortization bases for all
‘‘(E) INELIGIBILITY FOR SUSPENSION OF BENE-
as a lump sum, as required by paragraph plan years preceding the first plan year begin-
FITS.—The plan shall not be eligible to apply for
(2)(A)(ii), and any other relevant factors, as de- ning after December 31, 2019 (or after December
a new suspension of benefits under subsection
termined by such corporation in consultation 31, 2018, whichever is elected), and all shortfall
(e)(9)(G).
‘‘(3) ELIGIBLE MULTIEMPLOYER PLAN.— with the Secretary, to ensure the amount of as- amortization installments determined with re-
‘‘(A) IN GENERAL.—For purposes of this sec- sistance is sufficient to meet such requirement spect to such bases, shall be reduced to zero,
tion, a multiemployer plan is an eligible multi- and is sufficient to pay benefits as required in and
employer plan if— section 4262(j)(1) of such Act. ‘‘(B) subparagraphs (A) and (B) of paragraph
‘‘(i) the plan is in critical and declining status ‘‘(B) In the case of any plan which proposes
(2) shall each be applied by substituting ‘15-
in any plan year beginning in 2020 through in its application to change the assumptions
plan-year period’ for ‘7-plan-year period’.’’.
2022, used, as provided in paragraph (1)(C)(iii), such
corporation shall consult with the Secretary re- (c) EFFECTIVE DATE.—The amendments made
‘‘(ii) a suspension of benefits has been ap-
garding such proposed change in assumptions. by this section shall apply to plan years begin-
proved with respect to the plan under subsection
‘‘(C) If such corporation specifies in regula- ning after December 31, 2018.
(e)(9) as of the date of the enactment of this
subsection; tions or guidance that temporary priority con- SEC. 9705. EXTENSION OF PENSION FUNDING
‘‘(iii) in any plan year beginning in 2020 sideration is available for plans which are insol- STABILIZATION PERCENTAGES FOR
SINGLE EMPLOYER PLANS.
through 2022, the plan is certified by the plan vent within the meaning of section 418E or like-
actuary to be in critical status, has a modified ly to become so insolvent or for plans which (a) AMENDMENT TO INTERNAL REVENUE CODE
funded percentage of less than 40 percent, and have suspended benefits under subsection (e)(9), OF 1986.—
has a ratio of active to inactive participants or that availability is otherwise based on the (1) IN GENERAL.—The table contained in sub-
which is less than 2 to 3, or funded status of the plan under this section, as clause (II) of section 430(h)(2)(C)(iv) of the In-
‘‘(iv) the plan became insolvent within the permitted by section 4262(d) of such Act, such ternal Revenue Code of 1986 is amended to read
meaning of section 418E after December 16, 2014, corporation shall consult with the Secretary re- as follows:
The ap- The ap-
plicable plicable
‘‘If the calendar year is: minimum maximum
percent- percent-
age is: age is:
Any year in the period starting in 2012 and ending in 2019 ................................. 90% 110%
Any year in the period starting in 2020 and ending 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 rate for any 25-year period is less than 5 per- (1) IN GENERAL.—The table contained in sub-
(I) of section 430(h)(2)(C)(iv) of such Code is cent, such average shall be deemed to be 5 per- clause (II) of section 303(h)(2)(C)(iv) of the Em-
amended by adding at the end the following: cent.’’. ployee Retirement Income Security Act of 1974
dlhill on DSK120RN23PROD with House
‘‘Notwithstanding anything in this subclause, if (b) AMENDMENTS TO EMPLOYEE RETIREMENT (29 U.S.C. 1083(h)(2)(C)(iv)(II)) is amended to
the average of the first, second, or third segment INCOME SECURITY ACT OF 1974.— read as follows:
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H833
The ap- The ap-
plicable plicable
‘‘If the calendar year is: minimum maximum
percent- percent-
age is: age is:
Any year in the period starting in 2012 and ending in 2019 ................................. 90% 110%
Any year in the period starting in 2020 and ending 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 plan if such member is in the trade or business section applies maintained as of December 31,
(I) of section 303(h)(2)(C)(iv) of such Act (29 of publishing 1 or more newspapers. 2018, by an employer which—
U.S.C. 1083(h)(2)(C)(iv)(I)) is amended by add- ‘‘(3) ELECTION.—An election under paragraph ‘‘(i) maintains the plan on behalf of partici-
ing at the end the following: ‘‘Notwithstanding (1) shall be made at such time and in such man- pants and beneficiaries with respect to employ-
anything in this subclause, if the average of the ner as prescribed by the Secretary. Such elec- ment in the trade or business of publishing 1 or
first, second, or third segment rate for any 25- tion, once made with respect to a plan year, more newspapers which were published by the
year period is less than 5 percent, such average shall apply to all subsequent plan years unless employer at any time during the 11-year period
shall be deemed to be 5 percent.’’. revoked with the consent of the Secretary. ending on December 20, 2019,
(3) CONFORMING AMENDMENTS.— ‘‘(4) ALTERNATIVE MINIMUM FUNDING STAND- ‘‘(ii)(I) is not a company the stock of which is
(A) IN GENERAL.—Section 101(f)(2)(D) of such ARDS.—The alternative standards described in publicly traded (on a stock exchange or in an
Act (29 U.S.C. 1021(f)(2)(D)) is amended— this paragraph are the following: over-the-counter market), and is not controlled,
(i) in clause (i) by striking ‘‘and the Bipar- ‘‘(A) INTEREST RATES.— directly or indirectly, by such a company, or
tisan Budget Act of 2015’’ both places it appears ‘‘(i) IN GENERAL.—Notwithstanding subsection ‘‘(II) is controlled, directly or indirectly, dur-
and inserting ‘‘, the Bipartisan Budget Act of (h)(2)(C) and except as provided in clause (ii), ing the entire 30-year period ending on Decem-
2015, and the American Rescue Plan Act of the first, second, and third segment rates in ef- ber 20, 2019, by individuals who are members of
2021’’, and fect for any month for purposes of this section the same family, and does not publish or dis-
(ii) in clause (ii) by striking ‘‘2023’’ and insert- shall be 8 percent. tribute a daily newspaper that is carrier-distrib-
ing ‘‘2029’’. ‘‘(ii) NEW BENEFIT ACCRUALS.—Notwith- uted in printed form in more than 5 States, and
(B) STATEMENTS.—The Secretary of Labor standing subsection (h)(2), for purposes of deter- ‘‘(iii) is controlled, directly or indirectly—
shall modify the statements required under sub- mining the funding target and normal cost of a ‘‘(I) by 1 or more persons residing primarily in
clauses (I) and (II) of section 101(f)(2)(D)(i) of plan for any plan year, the present value of any a State in which the community newspaper has
such Act to conform to the amendments made by benefits accrued or earned under the plan for a been published on newsprint or carrier-distrib-
this section. plan year with respect to which an election uted,
(c) EFFECTIVE DATE.— under paragraph (1) is in effect shall be deter- ‘‘(II) during the entire 30-year period ending
(1) IN GENERAL.—The amendments made by mined on the basis of the United States Treas- on December 20, 2019, by individuals who are
this section shall apply with respect to plan ury obligation yield curve for the day that is the members of the same family,
years beginning after December 31, 2019. valuation date of such plan for such plan year. ‘‘(III) by 1 or more trusts, the sole trustees of
(2) ELECTION NOT TO APPLY.—A plan sponsor ‘‘(iii) UNITED STATES TREASURY OBLIGATION which are persons described in subclause (I) or
may elect not to have the amendments made by YIELD CURVE.—For purposes of this subsection, (II), or
this section apply to any plan year beginning the term ‘United States Treasury obligation ‘‘(IV) by a combination of persons described in
before January 1, 2021, either (as specified in the yield curve’ means, with respect to any day, a subclause (I), (II), or (III).
election)— yield curve which shall be prescribed by the Sec- ‘‘(B) NEWSPAPER.—The term ‘newspaper’ does
(A) for all purposes for which such amend- retary for such day on interest-bearing obliga- not include any newspaper (determined without
ments apply, or tions of the United States. regard to this subparagraph) to which any of
(B) solely for purposes of determining the ad- ‘‘(B) SHORTFALL AMORTIZATION BASE.— the following apply:
justed funding target attainment percentage ‘‘(i) PREVIOUS SHORTFALL AMORTIZATION ‘‘(i) Is not in general circulation.
under sections 436 of the Internal Revenue Code BASES.—The shortfall amortization bases deter- ‘‘(ii) Is published (on newsprint or electroni-
of 1986 and 206(g) of the Employee Retirement mined under subsection (c)(3) for all plan years cally) less frequently than 3 times per week.
Income Security Act of 1974 for such plan year. preceding the first plan year to which the elec- ‘‘(iii) Has not ever been regularly published on
A plan shall not be treated as failing to meet the tion under paragraph (1) applies (and all short- newsprint.
requirements of sections 204(g) of such Act and fall amortization installments determined with ‘‘(iv) Does not have a bona fide list of paid
411(d)(6) of such Code solely by reason of an respect to such bases) shall be reduced to zero subscribers.
election under this paragraph. under rules similar to the rules of subsection ‘‘(C) CONTROL.—A person shall be treated as
SEC. 9706. MODIFICATION OF SPECIAL RULES (c)(6). controlled by another person if such other per-
FOR MINIMUM FUNDING STANDARDS ‘‘(ii) NEW SHORTFALL AMORTIZATION BASE.— son possesses, directly or indirectly, the power
FOR COMMUNITY NEWSPAPER Notwithstanding subsection (c)(3), the shortfall to direct or cause the direction and management
PLANS. amortization base for the first plan year to of such person (including the power to elect a
(a) AMENDMENT TO INTERNAL REVENUE CODE which the election under paragraph (1) applies majority of the members of the board of directors
OF 1986.—Subsection (m) of section 430 of the In- shall be the funding shortfall of such plan for of such person) through the ownership of voting
ternal Revenue Code of 1986 is amended to read such plan year (determined using the interest securities.
as follows: rates as modified under subparagraph (A)). ‘‘(6) CONTROLLED GROUP.—For purposes of
‘‘(m) SPECIAL RULES FOR COMMUNITY NEWS- ‘‘(C) DETERMINATION OF SHORTFALL AMORTI- this subsection, the term ‘controlled group’
PAPER PLANS.— ZATION INSTALLMENTS.— means all persons treated as a single employer
‘‘(1) IN GENERAL.—An eligible newspaper plan ‘‘(i) 30-YEAR PERIOD.—Subparagraphs (A) and under subsection (b), (c), (m), or (o) of section
sponsor of a plan under which no participant (B) of subsection (c)(2) shall be applied by sub- 414 as of December 20, 2019.’’.
has had the participant’s accrued benefit in- stituting ‘30-plan-year’ for ‘7-plan-year’ each (b) AMENDMENT TO EMPLOYEE RETIREMENT
creased (whether because of service or com- place it appears. INCOME SECURITY ACT OF 1974.—Subsection (m)
pensation) after April 2, 2019, may elect to have ‘‘(ii) NO SPECIAL ELECTION.—The election of section 303 of the Employee Retirement In-
the alternative standards described in para- under subparagraph (D) of subsection (c)(2) come Security Act of 1974 (29 U.S.C. 1083(m)) is
graph (4) apply to such plan. shall not apply to any plan year to which the amended to read as follows:
‘‘(2) ELIGIBLE NEWSPAPER PLAN SPONSOR.— election under paragraph (1) applies. ‘‘(m) SPECIAL RULES FOR COMMUNITY NEWS-
dlhill on DSK120RN23PROD with House
The term ‘eligible newspaper plan sponsor’ ‘‘(D) EXEMPTION FROM AT-RISK TREATMENT.— PAPER PLANS.—
means the plan sponsor of— Subsection (i) shall not apply. ‘‘(1) IN GENERAL.—An eligible newspaper plan
‘‘(A) any community newspaper plan, or ‘‘(5) COMMUNITY NEWSPAPER PLAN.—For pur- sponsor of a plan under which no participant
‘‘(B) any other plan sponsored, as of April 2, poses of this subsection— has had the participant’s accrued benefit in-
2019, by a member of the same controlled group ‘‘(A) IN GENERAL.—The term ‘community creased (whether because of service or com-
of a plan sponsor of a community newspaper newspaper plan’ means any plan to which this pensation) after April 2, 2019, may elect to have
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H834 CONGRESSIONAL RECORD — HOUSE February 26, 2021
the alternative standards described in para- ‘‘(II) is controlled, directly, or indirectly, dur- (c) CONFORMING AMENDMENTS.—
graph (4) apply to such plan. ing the entire 30-year period ending on Decem- (1) Section 45A(c)(3) of the Internal Revenue
‘‘(2) ELIGIBLE NEWSPAPER PLAN SPONSOR.— ber 20, 2019, by individuals who are members of Code of 1986 is amended by striking ‘‘415(d)’’
The term ‘eligible newspaper plan sponsor’ the same family, and does not publish or dis- and inserting ‘‘415(d) (without regard to para-
means the plan sponsor of— tribute a daily newspaper that is carrier-distrib- graph (5) thereof)’’.
‘‘(A) any community newspaper plan, or uted in printed form in more than 5 States, and (2) Section 402(g)(4) of such Code is amended
‘‘(B) any other plan sponsored, as of April 2, ‘‘(iii) is controlled, directly, or indirectly— by striking ‘‘415(d)’’ and inserting ‘‘415(d)
2019, by a member of the same controlled group ‘‘(I) by 1 or more persons residing primarily in (without regard to paragraph (5) thereof)’’.
of a plan sponsor of a community newspaper a State in which the community newspaper has (3) Section 408(p)(2)(E)(ii) of such Code is
plan if such member is in the trade or business been published on newsprint or carrier-distrib- amended by striking ‘‘415(d)’’ and inserting
of publishing 1 or more newspapers. uted, ‘‘415(d) (without regard to paragraph (5) there-
‘‘(3) ELECTION.—An election under paragraph ‘‘(II) during the entire 30-year period ending of)’’.
(1) shall be made at such time and in such man- on December 20, 2019, by individuals who are (4) Section 409(o)(2) of such Code is amended
ner as prescribed by the Secretary of the Treas- members of the same family, by striking ‘‘415(d)’’ and inserting ‘‘415(d)
ury. Such election, once made with respect to a ‘‘(III) by 1 or more trusts, the sole trustees of (without regard to paragraph (5) thereof)’’.
plan year, shall apply to all subsequent plan which are persons described in subclause (I) or (5) Section 416(i)(1)(A) of such Code is amend-
years unless revoked with the consent of the (II), or ed by striking ‘‘415(d)’’ and inserting ‘‘415(d)
Secretary of the Treasury. ‘‘(IV) by a combination of persons described in (without regard to paragraph (5) thereof)’’.
‘‘(4) ALTERNATIVE MINIMUM FUNDING STAND- subclause (I), (II), or (III). (6) Section 457(e)(11)(B)(iii) of such Code is
ARDS.—The alternative standards described in ‘‘(B) NEWSPAPER.—The term ‘newspaper’ does amended by striking ‘‘415(d)’’ and inserting
this paragraph are the following: not include any newspaper (determined without ‘‘415(d) (without regard to paragraph (5) there-
‘‘(A) INTEREST RATES.— regard to this subparagraph) to which any of of)’’.
‘‘(i) IN GENERAL.—Notwithstanding subsection the following apply: (7) Section 457(e)(15)(B) of such Code is
(h)(2)(C) and except as provided in clause (ii), ‘‘(i) Is not in general circulation. amended by striking ‘‘415(d)’’ and inserting
the first, second, and third segment rates in ef- ‘‘(ii) Is published (on newsprint or electroni- ‘‘415(d) (without regard to paragraph (5) there-
fect for any month for purposes of this section cally) less frequently than 3 times per week. of)’’.
shall be 8 percent. ‘‘(iii) Has not ever been regularly published on
(8) Section 664(g)(7)(B) of such Code is amend-
‘‘(ii) NEW BENEFIT ACCRUALS.—Notwith- newsprint.
‘‘(iv) Does not have a bona fide list of paid ed by striking ‘‘415(d)’’ and inserting ‘‘415(d)
standing subsection (h)(2), for purposes of deter-
subscribers. (without regard to paragraph (5) thereof)’’.
mining the funding target and normal cost of a
plan for any plan year, the present value of any ‘‘(C) CONTROL.—A person shall be treated as Subtitle I—Child Care for Workers
benefits accrued or earned under the plan for a controlled by another person if such other per- SEC. 9801. CHILD CARE ASSISTANCE.
plan year with respect to which an election son possesses, directly or indirectly, the power (a) APPROPRIATION.—
under paragraph (1) is in effect shall be deter- to direct or cause the direction and management (1) IN GENERAL.—Section 418(a)(3) of the So-
mined on the basis of the United States Treas- of such person (including the power to elect a cial Security Act (42 U.S.C. 618(a)(3)) is amend-
ury obligation yield curve for the day that is the majority of the members of the board of directors ed to read as follows:
valuation date of such plan for such plan year. of such person) through the ownership of voting ‘‘(3) APPROPRIATION.—For grants under this
‘‘(iii) UNITED STATES TREASURY OBLIGATION securities. section, there are appropriated $3,550,000,000 for
YIELD CURVE.—For purposes of this subsection, ‘‘(6) CONTROLLED GROUP.—For purposes of each fiscal year, of which—
the term ‘United States Treasury obligation this subsection, the term ‘controlled group’ ‘‘(A) $3,375,000,000 shall be available for
yield curve’ means, with respect to any day, a means all persons treated as a single employer grants to States;
yield curve which shall be prescribed by the Sec- under subsection (b), (c), (m), or (o) of section ‘‘(B) $100,000,000 shall be available for grants
retary of the Treasury for such day on interest- 414 of the Internal Revenue Code of 1986 as of to Indian tribes and tribal organizations; and
bearing obligations of the United States. December 20, 2019. ‘‘(C) $75,000,000 shall be available for grants
‘‘(B) SHORTFALL AMORTIZATION BASE.— ‘‘(7) EFFECT ON PREMIUM RATE CALCULA- to territories.’’.
‘‘(i) PREVIOUS SHORTFALL AMORTIZATION TION.—In the case of a plan for which an elec- (2) CONFORMING AMENDMENT.—Section
BASES.—The shortfall amortization bases deter- tion is made to apply the alternative standards 418(a)(2)(A) of such Act (42 U.S.C. 618(a)(2)(A))
mined under subsection (c)(3) for all plan years described in paragraph (3), the additional pre- is amended by striking ‘‘paragraph (3), and re-
preceding the first plan year to which the elec- mium under section 4006(a)(3)(E) shall be deter- maining after the reservation described in para-
tion under paragraph (1) applies (and all short- mined as if such election had not been made.’’. graph (4) and’’ and inserting ‘‘paragraph
fall amortization installments determined with (c) EFFECTIVE DATE.—The amendments made (3)(A),’’.
respect to such bases) shall be reduced to zero by this section shall apply to plan years ending (b) SUSPENSION OF STATE MATCH REQUIRE-
under rules similar to the rules of subsection after December 31, 2017. MENT IN FISCAL YEARS 2021 AND 2022.—With re-
(c)(6). SEC. 9707. COST OF LIVING ADJUSTMENT spect to the amounts made available by section
‘‘(ii) NEW SHORTFALL AMORTIZATION BASE.— FREEZE.
418(a)(3)(A) of the Social Security Act for each
Notwithstanding subsection (c)(3), the shortfall (a) IN GENERAL.—Subsection (d) of section 415 of fiscal years 2021 and 2022, section 418(a)(2)(C)
amortization base for the first plan year to of the Internal Revenue Code of 1986 is amended of such Act shall be applied and administered
which the election under paragraph (1) applies by adding at the end the following new para- with respect to any State that is entitled to re-
shall be the funding shortfall of such plan for graph: ceive the entire amount that would be allotted
such plan year (determined using the interest ‘‘(5) FREEZE ON COST OF LIVING ADJUST-
to the State under section 418(a)(2)(B) of such
rates as modified under subparagraph (A)). MENTS.—
Act for the fiscal year in the absence of this sec-
‘‘(C) DETERMINATION OF SHORTFALL AMORTI- ‘‘(A) IN GENERAL.—Except as provided in sub-
tion, as if the Federal medical assistance per-
ZATION INSTALLMENTS.— paragraph (B), in the case of calendar years be-
centage for the State for the fiscal year were 100
‘‘(i) 30-YEAR PERIOD.—Subparagraphs (A) and ginning after December 31, 2030—
‘‘(i) no adjustment shall be made under para- percent.
(B) of subsection (c)(2) shall be applied by sub-
(c) FUNDING FOR THE TERRITORIES.—Section
stituting ‘30-plan-year’ for ‘7-plan-year’ each graph (1), and
‘‘(ii) the dollar amounts as adjusted under 418(a)(4) of such Act (42 U.S.C. 618(a)(4)) is
place it appears.
‘‘(ii) NO SPECIAL ELECTION.—The election such paragraph for calendar year 2030 shall amended to read as follows:
under subparagraph (D) of subsection (c)(2) apply. ‘‘(4) TERRITORIES.—
shall not apply to any plan year to which the ‘‘(B) EXCEPTION.—Subparagraph (A) shall not ‘‘(A) GRANTS.—The Secretary shall use the
election under paragraph (1) applies. apply in the case of a plan maintained pursuant amounts made available by paragraph (3)(C) to
‘‘(D) EXEMPTION FROM AT-RISK TREATMENT.— to 1 or more collective bargaining agreements.’’. make grants to the territories under this para-
Subsection (i) shall not apply. (b) COMPENSATION LIMIT.—Paragraph (17) of graph.
‘‘(5) COMMUNITY NEWSPAPER PLAN.—For pur- section 401(a) of the Internal Revenue Code of ‘‘(B) ALLOTMENTS.—The amount described in
poses of this subsection— 1986 is amended by adding at the end the fol- subparagraph (A) shall be allotted among the
‘‘(A) IN GENERAL.—The term ‘community lowing new subparagraph: territories in proportion to their respective needs
newspaper plan’ means a plan to which this sec- ‘‘(C) FREEZE ON COST OF LIVING ADJUST- ‘‘(C) REDISTRIBUTION.—The 1st sentence of
tion applies maintained as of December 31, 2018, MENTS.— clause (i) and clause (ii) of paragraph (2)(D)
by an employer which— ‘‘(i) IN GENERAL.—Except as provided in shall apply with respect to the amounts allotted
‘‘(i) maintains the plan on behalf of partici- clause (ii), in the case of calendar years begin- to the territories under this paragraph, except
pants and beneficiaries with respect to employ- ning after December 31, 2030— that the 2nd sentence of paragraph (2)(D) shall
ment in the trade or business of publishing 1 or ‘‘(I) no adjustment shall be made under sub- not apply and the amounts allotted to the terri-
more newspapers which were published by the paragraph (B), and tories that are available for redistribution for a
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employer at any time during the 11-year period ‘‘(II) the dollar amount as adjusted under fiscal year shall be redistributed to each terri-
ending on December 20, 2019, such subparagraph for calendar year 2030 shall tory that applies for the additional amounts, to
‘‘(ii)(I) is not a company the stock of which is apply. the extent that the Secretary determines that
publicly traded (on a stock exchange or in an ‘‘(ii) EXCEPTION.—Clause (i) shall not apply the territory will be able to use the additional
over-the-counter market), and is not controlled, in the case of a plan maintained pursuant to 1 amounts to provide child care assistance, in an
directly or indirectly, by such a company, or or more collective bargaining agreements.’’. amount that bears the same ratio to the amount
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H835
so available for redistribution as the amount al- nomic and stabilization requirements resulting SEC. 1102. UNITED STATES FISH AND WILDLIFE
lotted to the territory for the fiscal year bears to from such virus. SERVICE.
the total amount allotted to all the territories re- (b) WAIVER OF LIMITATION.—Any contribution (a) INSPECTION, INTERDICTION, AND RESEARCH
ceiving redistributed funds under this para- to the Global Fund to Fight AIDS, Tuberculosis RELATED TO CERTAIN SPECIES AND COVID–19.—
graph for the fiscal year. and Malaria made pursuant to subsection (a)(2) In addition to amounts otherwise made avail-
‘‘(D) INAPPLICABILITY OF PAYMENT LIMITA- shall be made available notwithstanding section able, there is appropriated for fiscal year 2021,
TION.— Section 1108(a) shall not apply with re- 202(d)(4)(A)(i) of the United States Leadership out of any money in the Treasury not otherwise
spect to any amount paid under this paragraph. Against HIV/AIDS, Tuberculosis, and Malaria appropriated, $95,000,000 to remain available
‘‘(E) TERRITORY.—In this paragraph, the term Act of 2003 (22 U.S.C. 7622(d)(4)(A)(i)), and such until expended, to carry out the provisions of
‘territory’ means the Commonwealth of Puerto contribution shall not be considered a contribu- the Fish and Wildlife Act of 1956 (16 U.S.C. 742a
Rico, the United States Virgin Islands, Guam, tion for the purpose of applying such section et seq.) and the Fish and Wildlife Coordination
American Samoa, and the Commonwealth of the 202(d)(4)(A)(i). Act (16 U.S.C. 661 et seq.) through direct ex-
Northern Mariana Islands.’’. (c) PERIOD OF AVAILABILITY.—Funds appro- penditure, contracts, and grants, of which—
TITLE X—INTERNATIONAL AFFAIRS priated by this section shall remain available for (1) $20,000,000 shall be for wildlife inspections,
one additional year if such funds are initially interdictions, investigations, and related activi-
SEC. 10001. DEPARTMENT OF STATE OPERATIONS.
obligated before the expiration of the period of ties, and for efforts to address wildlife traf-
In addition to amounts otherwise available, ficking;
availability contained in subsection (a).
there is authorized and appropriated to the Sec- (2) $30,000,000 shall be for the care of captive
SEC. 10004. HUMANITARIAN RESPONSE.
retary of State for fiscal year 2021, out of any species listed under the Endangered Species Act
money in the Treasury not otherwise appro- (a) IN GENERAL.—In addition to amounts oth-
of 1973, for the care of rescued and confiscated
priated, $204,000,000, to remain available until erwise available, there is authorized and appro-
wildlife, and for the care of Federal trust species
September 30, 2022, for necessary expenses of the priated to the Secretary of State for fiscal year
in facilities experiencing lost revenues due to
Department of State to carry out the authori- 2021, out of any money in the Treasury not oth-
COVID–19; and
ties, functions, duties, and responsibilities in the erwise appropriated, $500,000,000, to remain
(3) $45,000,000 shall be for research and exten-
conduct of the foreign affairs of the United available until September 30, 2022, to carry out
sion activities to strengthen early detection,
States, to prevent, prepare for, and respond to the provisions of section 2(a) and (b) of the Mi-
rapid response, and science-based management
coronavirus domestically or internationally, gration and Refugee Assistance Act of 1962 (22
to address wildlife disease outbreaks before they
which shall include maintaining Department of U.S.C. 2601(a) and (b)) to prevent, prepare for,
become pandemics and strengthen capacity for
State operations. and respond to coronavirus.
wildlife health monitoring to enhance early de-
(b) USE OF FUNDS.—Funds appropriated pur-
SEC. 10002. UNITED STATES AGENCY FOR INTER- tection of diseases that have capacity to jump
NATIONAL DEVELOPMENT OPER- suant to this section shall not be made available
the species barrier and pose a risk in the United
ATIONS. for the costs of resettling refugees in the United
States, including the development of a national
In addition to amounts otherwise available, States.
wildlife disease database.
there is authorized and appropriated to the Ad- (c) PERIOD OF AVAILABILITY.—Funds appro-
(b) LACEY ACT PROVISIONS.—In addition to
ministrator of the United States Agency for priated by this section shall remain available for
amounts otherwise made available, there is ap-
International Development for fiscal year 2021, one additional year if such funds are initially
propriated for fiscal year 2021, out of any money
out of any money in the Treasury not otherwise obligated before the expiration of the period of
in the Treasury not otherwise appropriated,
appropriated, $41,000,000, to remain available availability contained in subsection (a).
$10,000,000, to remain available until expended,
until September 30, 2022, to carry out the provi- SEC. 10005. MULTILATERAL ASSISTANCE.
to carry out the provisions of section 42(a) of
sions of section 667 of the Foreign Assistance In addition to amounts otherwise available, title 18, United States Code, and the Lacey Act
Act of 1961 (22 U.S.C. 2427) for necessary ex- there is authorized and appropriated to the Sec- Amendments of 1981 (16 U.S.C. 3371–3378) to
penses of the United States Agency for Inter- retary of State for fiscal year 2021, out of any identify and designate wildlife species, or larger
national Development to prevent, prepare for, money in the Treasury not otherwise appro- taxonomic groups of species, as injurious under
and respond to coronavirus domestically or priated, $580,000,000, to remain available until such provisions if they transmit a pathogen that
internationally, and for other operations and September 30, 2022, to carry out the provisions of could potentially pose a risk to human health
maintenance requirements related to section 301(a) of the Foreign Assistance Act of and develop regulations to develop a process to
coronavirus. 1961 (22 U.S.C. 2221(a)) to prevent, prepare for, make emergency listings for injurious species.
SEC. 10003. GLOBAL RESPONSE. and respond to coronavirus, which shall include
TITLE XII—COMMITTEE ON SCIENCE,
(a) IN GENERAL.—In addition to amounts oth- support for the priorities and objectives of the
SPACE, AND TECHNOLOGY
erwise available, there is authorized and appro- United Nations Global Humanitarian Response
SEC. 12001. NATIONAL INSTITUTE OF STANDARDS
priated to the Secretary of State for fiscal year Plan COVID–19 through voluntary contribu-
AND TECHNOLOGY.
2021, out of any money in the Treasury not oth- tions to international organizations and pro-
In addition to amounts otherwise made avail-
erwise appropriated, $8,675,000,000, to remain grams administered by such organizations.
able, there are appropriated to the National In-
available until September 30, 2022, for necessary TITLE XI—COMMITTEE ON NATURAL stitute of Standards and Technology for fiscal
expenses to carry out the provisions of section RESOURCES year 2021, out of any money in the Treasury not
531 of chapter 4 of part II of the Foreign Assist- SEC. 1101. INDIAN AFFAIRS. otherwise appropriated, $150,000,000, to remain
ance Act of 1961 (22 U.S.C. 2346) as health pro- (a) IN GENERAL.—In addition to amounts oth- available until September 30, 2022, to fund
grams to prevent, prepare for, and respond to erwise made available, there is appropriated for awards for research, development, and testbeds
coronavirus, which shall include recovery from fiscal year 2021, out of any money in the Treas- to prevent, prepare for, and respond to
the impacts of such virus and shall be allocated ury not otherwise appropriated, $900,000,000 to coronavirus. None of the funds provided by this
as follows— remain available until expended, pursuant to section shall be subject to cost share require-
(1) $905,000,000 to be made available to the the Snyder Act (25 U.S.C. 13), of which— ments.
United States Agency for International Develop- (1) $100,000,000 shall be for Tribal housing im- SEC. 12002. NATIONAL SCIENCE FOUNDATION.
ment for global health activities to prevent, pre- provement; In addition to amounts otherwise made avail-
pare for, and respond to coronavirus, which (2) $772,500,000 shall be for Tribal government able, there are appropriated to the National
shall include a contribution to a multilateral services, public safety and justice, social serv- Science Foundation for fiscal year 2021, out of
vaccine development partnership to support epi- ices, child welfare assistance, and for other re- any money in the Treasury not otherwise appro-
demic preparedness; lated expenses; priated, $600,000,000, to remain available until
(2) $3,750,000,000 to be made available to the (3) $7,500,000 shall be for related Federal ad- September 30, 2022, to fund or extend new and
Department of State to support programs for the ministrative costs and oversight; and existing research grants, cooperative agree-
prevention, treatment, and control of HIV/AIDS (4) $20,000,000 shall be to provide and deliver ments, scholarships, fellowships, and appren-
in order to prevent, prepare for, and respond to potable water. ticeships, and related administrative expenses to
coronavirus, including to mitigate the impact on (b) EXCLUSIONS FROM CALCULATION.—Funds prevent, prepare for, and respond to
such programs from coronavirus and support re- appropriated under subsection (a) shall be ex- coronavirus.
covery from the impacts of the coronavirus, of cluded from the calculation of funds received by
which not less than $3,500,000,000 shall be for a those Tribal governments that participate in the The SPEAKER pro tempore. The bill,
United States contribution to the Global Fund ‘‘Small and Needy’ ’’ program. as amended, shall be debatable for 1
to Fight AIDS, Tuberculosis and Malaria; (c) ONE-TIME BASIS FUNDS.—Funds made hour equally divided among and con-
(3) $3,090,000,000 to be made available to the available under subsection (a) to Tribes and trolled by the chair and the ranking
United States Agency for International Develop- Tribal organizations under the Indian Self-De- minority member of the Committee on
ment to prevent, prepare for, and respond to termination and Education Assistance Act (25 the Budget or their respective des-
coronavirus, which shall include support for U.S.C. 5301 et seq.) shall be available on a one-
dlhill on DSK120RN23PROD with House
ignees and the chair and the ranking
international disaster relief, rehabilitation, and time basis. Such non-recurring funds shall not
reconstruction, for health activities, and to meet be part of the amount required by section 106 of minority member of the Committee on
emergency food security needs; and the Indian Self-Determination and Education Ways and Means or their respective
(4) $930,000,000 to be made available to pre- Assistance Act (25 U.S.C. 5325), and such funds designees.
vent, prepare for, and respond to coronavirus, shall only be used for the purposes identified in The gentleman from Kentucky (Mr.
which shall include activities to address eco- this section. YARMUTH), and the gentleman from
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H836 CONGRESSIONAL RECORD — HOUSE February 26, 2021
Missouri (Mr. SMITH), the gentleman him for his leadership as chair of the small businesses, particularly those
from Massachusetts (Mr. NEAL), and Budget Committee, to him and all of owned by minorities and women, and
the gentleman from Texas (Mr. BRADY), the members of his committee and the protecting the jobs of our heroes,
each will control 15 minutes. staff who worked so hard to bring this healthcare workers, transit, sanita-
The Chair now recognizes the gen- to the floor. tion, food workers, police and fire, our
tleman from Kentucky (Mr. YARMUTH). Thank you to Mr. NEAL and the first responders, our teachers, our
GENERAL LEAVE members of the Ways and Means Com- teachers, our teachers, and more.
Mr. YARMUTH. Mr. Speaker, I ask mittee and their staff. Thank you also Economists overwhelmingly support
unanimous consent that all Members for bringing your piece of this legisla- this targeted action.
have 5 legislative days in which to re- tion to the floor. And Mr. MCGOVERN b 2330
vise and extend their remarks and in- and the Rules Committee and his mem-
bers, and the staff members of all the Earlier this month, Federal Reserve
clude extraneous material in the Chairman Jerome Powell reported that
RECORD on H.R. 1319. committees.
All of the chairs of the committees the real unemployment rate is 10 per-
The SPEAKER pro tempore. Is there cent, matching the depths of the worst
objection to the request of the gen- have worked so hard. All of their mem-
bers, all of the staff to bring this to point of the Great Recession. As he
tleman from Kentucky? said: We are still very far from a strong
There was no objection. this very important moment for our
country. labor market whose benefits are broad-
Mr. YARMUTH. Mr. Speaker, I yield ly shared.
myself such time as I may consume. As the distinguished gentleman from
Kentucky acknowledged in his opening Therefore, if we do not enact this
Mr. Speaker, on Monday our Nation package, the results could be cata-
crossed an unfathomable milestone. sentence, this week, on Monday, our
Nation marked the loss of over 500,000 strophic: depriving workers and the
More than half a million Americans economy of 4 million fewer jobs to
have now died from the coronavirus. Americans to the coronavirus, a hor-
rific human toll of staggering propor- come back; taking a year longer to re-
On top of this staggering level of loss is turn to full employment, and 4 years
the reality that the virus is evolving, tions, an incomprehensible sadness.
Every life lost is a profound tragedy longer until real GDP recovers to a
and we are now dealing with variants pre-pandemic status; confronting the
that are more contagious and highly that we mourn, and that breaks Amer-
ica’s heart, and we pray for their fami- entire cohort of young people with
infectious for both adults and children. lower lifetime earnings; reducing the
At the same time, our Nation faces a lies.
Each day this pandemic reaches into wages and job prospects of parents
painful and unequal recession, one forced to stay at home.
our communities, devastating families’
from which we cannot fully recover This legislation is transformative:
health, financial security, and well-
until the coronavirus is contained. lifting 12 million Americans out of pov-
being. The numbers speak volumes: 18
The resources Congress provided last erty and generating $1.25 for every dol-
million Americans are on unemploy-
year have been put to good use, but lar spent. And—a great source of pride
ment; 24 million people are going hun-
they are not enough. Vaccines can stop for us all—this legislation will cut
gry; 12 million, Mr. Speaker; 12 million
this virus, but we don’t have the re- child poverty in half.
children living in households with food
sources or infrastructure to get them As we advance this legislation, we
insecurity—and that is a conservative
out fast enough. Food banks are still number—up to 40 million people cannot will continue our fight for 15, which
overwhelmed, and rental assistance is pay their rent and fear eviction. will give 27 million Americans a raise.
running out. Unemployment benefits The writer, George Bernard Shaw, When I was Speaker in 2007, congres-
for millions of Americans will start to said, ‘‘It is the mark of a truly intel- sional Democrats raised the minimum
expire in just a few days. And more and ligent person to be moved by statis- wage in the first 100 hours of our new
more small businesses are closing their tics.’’ And indeed, we are moved emo- majority. It took a little longer for the
doors for good each day. tionally and intellectually because Senate to get it done in the spring.
We are in a race against time and the these statistics are not just numbers, That was 14 years ago.
American people are counting on us they are the lives and livelihoods of An increase in the minimum wage is
and the American Rescue Plan. our neighbors, family members, a financial necessity for our families, a
This plan is tailored and targeted. It friends, and loved ones. great stimulus for our economy, and a
will address the urgent needs of the We moved to act swiftly to put an moral imperative for our country. With
American people: beating the virus, end to this pandemic and to stem the that view, it is therefore inevitable to
quickly and equitably distributing vac- suffering felt by so many. The time for all of us that the $15 minimum wage
cines, safely reopening schools, deliv- decisive action is long overdue. Presi- will be achieved. Even if it is incon-
ering immediate relief to working fam- dent Biden’s American Rescue Plan is ceivable to some, it is inevitable to us,
ilies, and helping cities and States that decisive action. and we will work diligently to shorten
keep essential workers on the job and Tonight, Congress is taking action to the distance between the inevitable
critical services up and running. crush the virus with a national vac- and the inconceivable.
The American people are painfully cination program, robust testing, trac- The $7.25 minimum wage that exists
aware of the challenges we face, and ing and treatment, more PPE, and now is, in many instances, an exploi-
that is why the majority of them, the combating health disparities affecting tation of American workers. It is a cost
vast majority of them, Democrats, Re- communities of color disproportion- to taxpayers because minimum wage
publicans, and Independents support ately. workers need food and housing assist-
this relief package. We are putting money in workers’ ance, and many are on Medicaid. This
If you don’t think Congress has more pockets: 18 million Americans will re- is corporate welfare. This is a subsidy
work to do here, then you either don’t ceive unemployment insurance; 40 mil- for business to pay a low wage. We
get what American families are going lion Americans will receive nutrition want work to be respected, and we re-
through, or you don’t care. I don’t assistance; 27 million children will re- spect the dignity of work. We will seek
know how else to say it. ceive help through an expanded child a solution consistent with the Senate
Relief cannot wait, and we aren’t tax credit; 15 million low-wage workers rules, and we will do so soon.
going to wait. We are going to pass this will receive an earned income tax cred- The American people are demanding
legislation today, and we are going to it; and millions and millions of other the bold action contained in the Amer-
provide the aggressive, bold action people, in addition, will receive the di- ican Rescue Plan. Over 75 percent of
needed to finally end this pandemic rect payments. Americans support this package and
want it passed and enacted, including
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and rebuild our economy. We are putting children safely back
Mr. Speaker, I yield 1 minute to the in schools with $130 billion investment 60 percent of Republicans in the coun-
gentlewoman from California (Ms. in reopening schools and making up for try. Families, workers, business lead-
PELOSI), the Speaker of the House. lost learning, and to do so safely. ers, mayors and local leaders, and
Ms. PELOSI. Mr. Speaker, I thank And we are putting people back into health and faith-based organizations
the gentleman for yielding, I thank jobs by supporting our most vulnerable are all calling for immediate action.
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H837
More than 1 year ago into this pan- sion of ObamaCare, and billions on po- open American schools in fiscal year
demic and economic crisis, the Amer- litical payouts around this country is 2021. More than two-thirds of the edu-
ican people need to know that their the real reason for this bailout. cation funding would not be spent until
government is there for them and that, Mr. Speaker, I urge my colleagues on 2023 or later.
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