Congressional Record, House, Wednesday, March 10, 2021 (Vol. 167, No. 45)
- Date
- 2021-03-10
Summary
The Congressional Record, Vol. 167, No. 45, for Wednesday, March 10, 2021, 117th Congress, First Session. The House met at 9 a.m. and was called to order by the Speaker pro tempore, Mr. Cuellar, followed by the Chaplain's prayer and the Pledge of Allegiance. One-minute speeches follow, including Mr. Carbajal and Mr. Higgins of New York speaking in support of the American Rescue Plan, Mrs. Wagner opposing what she calls a partisan $1.9 trillion spending bill, and Mr. Hern opposing the PRO Act. Mrs. Carolyn B. Maloney of New York urges support for H.R. 8 and H.R. 1446 on background checks for gun purchases. The record closes with floor debate on the gun legislation, in which Mr. Nadler yields time to Ms. Kelly of Illinois to speak on the Background Checks Act.
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“Congressional Record, House, Wednesday, March 10, 2021 (Vol. 167, No. 45).”
Dated 2021-03-10. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-03-10-called-to-order-by-the-speaker-pro-tem/
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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, WEDNESDAY, MARCH 10, 2021 No. 45
House of Representatives
The House met at 9 a.m. and was Merciful Lord, rebuild this house From 2008 to 2017, Dr. Blair served as
called to order by the Speaker pro tem- that their labor will not be in vain. board chairman for BAPAC, an organi-
pore (Mr. CUELLAR). We offer ourselves and our prayers to zation that strives to ensure the Black
f You in the strength of Your name. community in San Diego County re-
Amen. mains a relevant economic, social force
DESIGNATION OF THE SPEAKER f in southern California.
PRO TEMPORE In 2017, he was elected as BAPAC’s
THE JOURNAL president, where he continued his work
The SPEAKER pro tempore laid be-
fore the House the following commu- The SPEAKER pro tempore. Pursu- in civil and human rights and used his
nication from the Speaker: ant to section 5(a)(1)(A) of House Reso- stature to promote quality leadership
WASHINGTON, DC, lution 8, the Journal of the last day’s in the community.
March 10, 2021. proceedings is approved. Dr. Blair is survived by his daughter,
I hereby appoint the Honorable HENRY f U.S. Air Force officer Deborah Smith;
CUELLAR to act as Speaker pro tempore on his siblings Janet, Trece, and Roger;
this day. PLEDGE OF ALLEGIANCE and several nieces.
NANCY PELOSI, The SPEAKER pro tempore. Will the We are very lucky to have a leader
Speaker of the House of Representatives.
gentleman from California (Mr. like Dr. Blair, who paved the way for
f VARGAS) come forward and lead the future changemakers. All of us who
House in the Pledge of Allegiance. knew Dr. Blair loved him and respected
PRAYER
Mr. VARGAS led the Pledge of Alle- him dearly. We are saddened by his
The Chaplain, the Reverend Margaret giance as follows: passing.
Grun Kibben, offered the following I pledge allegiance to the Flag of the
prayer: f
United States of America, and to the Repub-
Almighty God, as these lawmakers lic for which it stands, one nation under God,
take their sides on this factional bill indivisible, with liberty and justice for all. TAKING AWAY EMPLOYEE CHOICE
before them, we pray Your mercy. f (Mr. HERN asked and was given per-
Forgive them—all of them—for when mission to address the House for 1
called upon to respond to a once-in-a- ANNOUNCEMENT BY THE SPEAKER minute and to revise and extend his re-
century pandemic that has rocked our PRO TEMPORE marks.)
country, upended its economy, and The SPEAKER pro tempore. The Mr. HERN. Mr. Speaker, last year, I
widened the chasm of partisan opinion, Chair will entertain up to 15 requests stood right here and argued against the
they have missed the opportunity to for 1-minute speeches on each side of many concerns I have with the PRO
step above the fray and unite to attend the aisle. Act. Thirteen months later, nothing
to this national crisis. f has been done to address those con-
In failing to address the acrimony cerns or earn bipartisan support.
and divisions which have prevailed in REMEMBERING DR. WILLIE BLAIR The PRO Act is a dangerous example
this room, the servants You have (Mr. VARGAS asked and was given of power for union leaders without nec-
called to lead this country have con- permission to address the House for 1 essary protections for union members.
tributed to the spread of an even more minute.) One of the biggest glaring failures of
insidious contagion of bitterness and Mr. VARGAS. Mr. Speaker, I rise this legislation is taking away em-
spite. today with my colleague, Congress- ployee choice, effectively repeating
Rather than employing the preven- woman SARA JACOBS, to honor San right-to-work laws across the country,
tive measures of compassion, kindness, Diego leader Dr. Willie Blair. like in my home State of Oklahoma,
humility, gentleness, and patience, this As a San Diego community leader, where we choose to empower employees
armor has been set aside in favor of ar- Dr. Blair left a legacy for those de- and employers alike. Where workers
gument, disparaging words, and divi- manding social justice and equity. He have previously had the freedom to
siveness. served his country as a Vietnam com- choose whether or not to pay fees and
You have warned us that a house di- bat veteran; a former congressional join unions, they will now be forced to
vided against itself cannot stand. And staffer; and locally as a leader of Black pay membership fees or lose their job.
now we stand in need of healing and American Political Association of Cali- American workers and American in-
reconciliation. fornia-San Diego chapter, or BAPAC. genuity made our country what it is
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.
H1193
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H1194 CONGRESSIONAL RECORD — HOUSE March 10, 2021
today. If my colleagues insist on mov- We have worked in a bipartisan man- When Glenna died in January, she
ing forward with legislation that em- ner to pass five—five—relief measures, left behind her loving family and thou-
powers union bosses and strips inde- and I am disappointed that the Demo- sands of us to whom she had taught so
pendence from our workers, we will crats have decided to be so egregiously much.
lose to countries like China, who profit partisan in a time of crisis. f
from sweatshops and child labor. Mr. Speaker, I urge my colleagues to
Many of the ideas in this bill have al- oppose this bill. TODAY WE ARE HELPING MAIN
ready been rejected in the court sys- f STREET
tem, making this bill pointless and a (Mr. HIGGINS of New York asked and
waste of time. A MAJORITY OF AMERICANS SUP-
PORT UNIVERSAL BACKGROUND was given permission to address the
f House for 1 minute.)
CHECKS
THIS PANDEMIC REQUIRES A Mr. HIGGINS of New York. Mr.
(Mrs. CAROLYN B. MALONEY of Speaker, today, the House will vote to
BOLD INVESTMENT New York asked and was given permis- approve the American Rescue Plan for
(Mr. CARBAJAL asked and was given sion to address the House for 1 minute.) poor and middle America.
permission to address the House for 1 Mrs. CAROLYN B. MALONEY of New The false choice of Wall Street or
minute.) York. Mr. Speaker, more than 90 per-
Mr. CARBAJAL. Mr. Speaker, a Main Street is no more. This plan helps
cent of Americans support universal the neighborhood streets and the
once-in-a-lifetime pandemic requires background checks for those pur-
bold investment, and that is what the homes where real people live and strug-
chasing guns. Today, I urge my col- gle every day.
American Rescue Plan is. leagues to do the same by supporting
This bill invests $20 billion to get This plan is supported by 75 percent
H.R. 8 and H.R. 1446. These bills will of the American people. It will help the
shots in arms and make sure everyone keep guns out of the hands of those
knows where, when, and how to get a cities of Niagara Falls and Buffalo, the
who aren’t allowed to have them in the county of Erie; will return the Amer-
vaccine. first place.
Many students are back in school or ican economy to full employment; and
For years, I have introduced a bill to will grow that economy by 6 percent, a
are going back soon. California will get prevent people from skirting the back-
$15 billion to reopen safely and keep rate not seen in many, many decades.
ground check process by purchasing This is a good plan that provides direct
schools open to make up for lost time. guns at gun shows, and I am very glad
We have also invested in the back- assistance to the people of this country
that H.R. 8 accomplishes this. If you who need it.
bone of our economy: small businesses.
can’t buy a gun from a licensed dealer, Mr. Speaker, I urge my colleagues to
In fact, economists believe this bill can
you shouldn’t be able to buy a gun any- support this plan.
bring us back to near full employment
where, especially at a gun show.
in about a year. H.R. 1446 closes the Charleston loop- f
To ensure local governments can
hole, which allows individuals to buy HONORING THE SELFLESS BRAV-
keep providing essential services, this
guns before their background check is ERY OF TIMOTHY CHADWICK, SR.
bill delivers over $259 million to cities
completed. Ensuring community safety
and counties in my district alone. (Ms. TENNEY asked and was given
Finally, this package invests in the shouldn’t have a 72-hour clock.
With gun deaths and gun sales surg- permission to address the House for 1
American people. Direct payments, un- minute and to revise and extend her re-
employment benefits, tax credits, and ing in 2020, we must act now to close
these loopholes and meaningfully com- marks.)
healthcare subsidies will help lift 12 Ms. TENNEY. Mr. Speaker, today, I
million people out of poverty. bat gun violence.
Mr. Speaker, I urge a ‘‘yes’’ vote on rise to honor the selfless bravery and
Mr. Speaker, I look forward to voting service of a member of my community
for this bill. these two votes today.
in New York’s 22nd Congressional Dis-
f f
trict, Timothy Chadwick, Sr.
SPENDING BILL IS NOT TAR- HONORING THE LIFE OF GLENNA Mr. Chadwick served our country in
GETED, TIMELY, NOR TIED TO FOUBERG the Air Force during the Vietnam war.
COVID RELIEF (Mr. JOHNSON of South Dakota Timothy’s story is shared by so many
asked and was given permission to ad- Vietnam veterans across our country.
(Mrs. WAGNER asked and was given
dress the House for 1 minute and to re- While serving in Laos, Timothy was ex-
permission to address the House for 1
vise and extend his remarks.) posed to Agent Orange, which has
minute and to revise and extend her re-
Mr. JOHNSON of South Dakota. Mr. plagued his health ever since.
marks.)
Mrs. WAGNER. Mr. Speaker, I rise in Speaker, Glenna Fouberg was a force of Many U.S. servicemembers who were
opposition to the partisan $1.9 trillion nature. Her list of accomplishments stationed in Vietnam were exposed to
spending bill before us today. makes that clear. the toxic herbicide known as Agent Or-
It is shameful that Democrats have She made real and lasting contribu- ange. As a result, our veterans are at
disregarded their obligation to provide tions to at-risk youth, the board of an increased risk of developing cancer,
real COVID relief to the American peo- education, the Indian Education Sum- Parkinson’s disease, non-Hodgkin’s
ple and are instead attempting to use mit, Teach for America, YMCA, North- lymphoma, and many other deadly ill-
this process to jam through partisan ern State, and her church. She was nesses.
agenda items. named South Dakota Teacher of the These brave veterans risked every-
This bill is not targeted, timely, nor Year in 1994, and she was a member of thing to defend our freedom, and they
tied to COVID relief. We need to focus the South Dakota Hall of Fame. As I deserve our support as they overcome
on solving the critical issues at hand: said, she was a force of nature. the effects of their service. I will never
getting vaccines to Americans; pro- But Glenna Fouberg was not a list of stop standing up and fighting for vet-
viding relief for our local businesses, accomplishments to me, Mr. Speaker. erans like they stood up and fought for
restaurants, and entertainment venues; She was a friend. For 20 years, she gave us.
and supporting those who have been se- me advice and counsel. Like a good God bless men like Timothy
riously impacted by this pandemic. teacher, she always gave it to me Chadwick and so many others who
Only 9 percent of this massive $1.9 straight. served our Nation honorably, and God
trillion package goes to fighting She gave gifts like that to so many. bless all the men and women currently
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COVID–19, and outside of stimulus pay- Earlier this week, I was talking to my serving in the U.S. Armed Forces.
ments, nearly half won’t even be spent friend Tom, who said that during the f
this year. It is simply unfathomable pandemic, 78-year-old Glenna Fouberg,
that Democrats want to spend money a force of nature and a legend, had been SALUTING ALIYAH BOSTON
years down the road when we have so teaching his 12-year-old daughter how (Ms. PLASKETT asked and was given
many pressing needs to address today. to knit. permission to address the House for 1
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1195
minute and to revise and extend her re- back to work and maybe a desire to In sum, an excuse to advance an un-
marks.) party. related liberal agenda Democrats call
Ms. PLASKETT. Mr. Speaker, this Unfortunately, with bad advice and the ‘‘most progressive bill in American
month is not only Women’s History political emphasis, the mask order will history’’ that will lead to huge tax in-
Month, but it is also Virgin Islands be lifted today on March 10 in our creases.
History Month, and what better way to State. I urge all my colleagues to vote
celebrate it than today for me to salute Our State is being plagued by the ‘‘no.’’
Virgin Islands’ native and basketball United Kingdom variant. We are still
f
upcoming star, Aliyah Boston, who had on the hot list for the number of
another dominant performance in deaths. We have not reached a certain REOPEN AMERICA
South Carolina’s 67–62 win over Geor- number in terms of lowering the infec-
(Mrs. GREENE of Georgia asked and
gia in the SEC tournament final. tion rate, and we haven’t reached any
was given permission to address the
Boston put up 27 points and 10 re- kind of level in terms of vaccination.
House for 1 minute.)
bounds for her 15th double-double of Removing the restrictions and hav-
Mrs. GREENE of Georgia. Mr. Speak-
the year, and was named the tour- ing remove-mask parties is going to be
er, I thank my colleague and the good
nament MVP as South Carolina cap- a disaster.
gentleman here for explaining why $1.9
tured its sixth championship in the I make this plea: Wear your mask,
trillion in spending is reckless, irre-
last 7 years. socially distance. Restaurants and
sponsible, and the wrong thing to do.
‘‘Aliyah was huge,’’ said Coach Dawn other businesses be responsible.
We still have $1 trillion set aside for
Staley after the game. ‘‘She has to be We are on the way with a rescue, but
COVID relief and spending. There is no
that dominant in order for us to win I beg of my fellow Texans, let us not go
need to enslave the American people,
these kind of basketball games.’’ backwards to create more deaths, to
our children, our grandchildren, our
Aliyah, you are huge. You are domi- create more hospitalizations, more
great grandchildren, and generations
nant. And what better way to recognize loved ones that we will not have at the
going forward in more debt.
Women’s History Month and Virgin Is- dinner table.
We are $28 trillion in debt. This Con-
lands History Month by a Virgin Is- This is not a time to go backwards.
gress is ramming through unbelievable
lander and a woman making history. This is a time to go forward. Wear your
things at a rapid pace.
f mask. Let’s be responsible.
I ask my constituents on Washington This must be stopped. We have to
b 0915 Avenue: Do not have a remove-mask give pause and consideration to what
party tonight because you will be we are doing. This is a waste of money
IT IS TIME TO PUT STUDENTS and a complete waste of time.
FIRST walking into a destiny of death.
Reopening America is a much better
f
(Mr. THOMPSON of Pennsylvania way to go.
asked and was given permission to ad- EXCUSES f
dress the House for 1 minute and to re- (Mr. BARR asked and was given per-
vise and extend his remarks.) mission to address the House for 1 MOTION TO ADJOURN
Mr. THOMPSON of Pennsylvania. minute and to revise and extend his re- Mrs. GREENE of Georgia. Mr. Speak-
Mr. Speaker, just over 1 year ago, we marks.) er, I move that the House do now ad-
entered a COVID crackdown. Busi- Mr. BARR. Mr. Speaker, after enact- journ.
nesses and schools shut their doors— ment of five bipartisan COVID relief The SPEAKER pro tempore. The
some of them, sadly, for good. Commu- bills last year totaling $4 trillion in as- question is on the motion to adjourn
nities across the Nation continue to sistance for healthcare workers, busi- offered by the gentlewoman from Geor-
feel this pain. nesses, schools, testing, and vaccines, gia (Mrs. GREENE).
For more than 365 days, far too many with over $1 trillion in already appro- The question was taken; and the
of our Nation’s school children have priated funds still unspent, with an un- Speaker pro tempore announced that
been confined to virtual learning— precedented level of monetary stimulus the noes appeared to have it.
forced to sit at home behind a com- from the Fed already in the pipeline Mrs. GREENE of Georgia. Mr. Speak-
puter instead of a classroom. with no end in sight, with massive er, on that I demand the yeas and nays.
The implications of students being pent-up demand and an economy poised The SPEAKER pro tempore. Pursu-
left out of the classroom are much big- for full recovery, with the success of ant to section 3(s) of House Resolution
ger than parents being inconvenienced Operation Warp Speed delivering mul- 8, the yeas and nays are ordered.
or students missing their friends. tiple safe and effective vaccines in The vote was taken by electronic de-
Every day that we wait to reopen our record time, with literally millions of vice, and there were—yeas 149, nays
schools is another day we look the Americans benefiting from the mass 235, not voting 47, as follows:
other way as youth mental health con- distribution of those vaccines every [Roll No. 71]
tinues to plummet. single day, with all of these heroic ef- YEAS—149
Every day we wait to reopen our forts to defeat this virus already in
Aderholt Clyde Gonzales, Tony
schools is another day our students fall place, why is it that Democrats in Con- Allen Cole Good (VA)
behind. gress are so determined at all costs to Armstrong Comer Gooden (TX)
Mr. Speaker, allowing American ram through this hyperpartisan $2 tril- Arrington Crawford Graves (LA)
school children to return to the class- Baird Davidson Graves (MO)
lion spending spree with zero bipar- Balderson Davis, Rodney Greene (GA)
room is long overdue. tisan support? Barr DesJarlais Griffith
It is time to listen to the science. It The answer is that they are exploit- Bentz Diaz-Balart Grothman
is time to put the students first. And it ing this pandemic as an excuse: Bergman Donalds Guest
Biggs Duncan Guthrie
is time to reopen our schools. An excuse to force passage of this Bilirakis Dunn Hagedorn
f budget-busting monstrosity, 90 percent Bishop (NC) Emmer Harshbarger
of which is totally unrelated to Boebert Estes Hartzler
A PLEA TO ALL TEXANS COVID–19: Bost Fallon Hern
Brady Feenstra Herrell
(Ms. JACKSON LEE asked and was An excuse to bail out mismanaged Brooks Ferguson Hice (GA)
given permission to address the House State and local governments for liabil- Bucshon Fischbach Hill
for 1 minute and to revise and extend ities unrelated to COVID. Budd Fitzgerald Hollingsworth
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Burchett Fleischmann Hudson
her remarks.) An excuse to use taxpayer funds to Cammack Franklin, C. Huizenga
Ms. JACKSON LEE. Mr. Speaker, fund Planned Parenthood. Carl Scott Jackson
this morning I make a personal plea to An excuse to send stimulus checks to Carter (GA) Fulcher Johnson (OH)
my fellow Texans. Cawthorn Garbarino Johnson (SD)
prisoners and illegal immigrants. Chabot Garcia (CA) Jordan
I recognize that there has been an An excuse to expand the welfare Cline Gimenez Joyce (PA)
overload of tiredness and desire to go state and pay people not to work. Cloud Gohmert Keller
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CORRECTION
H1196 CONGRESSIONAL RECORD — HOUSE March 10, 2021
Kelly (PA) Moore (AL) Smucker Tlaib Velázquez Wexton SEC. 2. TABLE OF CONTENTS.
Kim (CA) Mullin Spartz Tonko Walberg Wild The table of contents for this Act is as follows:
Kustoff Newhouse Steel Torres (CA) Wasserman Williams (GA)
LaHood Nunes Steil Torres (NY) Schultz Sec. 1. Short title.
Wilson (FL)
LaMalfa Obernolte Steube Trahan Waters Sec. 2. Table of contents.
Womack
Lamborn Owens Stewart Underwood Watson Coleman Yarmuth TITLE I—COMMITTEE ON AGRICULTURE,
Latta Palazzo Stivers Vargas Welch NUTRITION, AND FORESTRY
LaTurner Palmer Taylor
Lesko Perry Tenney
NOT VOTING—47 Subtitle A—Agriculture
Loudermilk Pfluger Thompson (PA) Babin Jacobs (NY) Sarbanes Sec. 1001. Food supply chain and agriculture
Lucas Reed Timmons Brown Kinzinger Sewell pandemic response.
Luetkemeyer Reschenthaler Turner Buck Larson (CT) Simpson Sec. 1002. Emergency rural development grants
Malliotakis Rose Upton Burgess Lawrence Soto for rural health care.
Mann Rosendale Valadao Cárdenas Malinowski Speier
Sec. 1003. Pandemic program administration
Massie Rouzer Van Duyne Cartwright Matsui Stefanik
McCarthy Roy Wagner Cheney McCaul Swalwell funds.
McClain Salazar Walorski Costa Meeks Tiffany Sec. 1004. Funding for the USDA Office of In-
McClintock Scalise Waltz Crist Mfume Titus spector General for oversight of
McHenry Schweikert Weber (TX) Doyle, Michael Nehls Trone COVID–19-related programs.
Meuser Scott, Austin Wenstrup F. Norman Van Drew Sec. 1005. Farm loan assistance for socially dis-
Miller (IL) Sessions Williams (TX) Gaetz Omar Veasey advantaged farmers and ranchers.
Miller (WV) Smith (MO) Wilson (SC) Gomez Peters Vela Sec. 1006. USDA assistance and support for so-
Moolenaar Smith (NE) Wittman Gosar Pressley Webster (FL)
Green (TN) Rodgers (WA) Westerman
cially disadvantaged farmers,
Mooney Smith (NJ) Zeldin
Harris Rogers (KY) Young ranchers, forest land owners and
NAYS—235 operators, and groups.
b 1007 Sec. 1007. Use of the Commodity Credit Cor-
Adams Frankel, Lois Mast poration for commodities and as-
Aguilar Fudge McBath Messrs. COOPER, NORCROSS, and
Mrs. LURIA changed their vote from sociated expenses.
Allred Gallagher McCollum
Amodei Gallego McEachin ‘‘yea’’ to ‘‘nay.’’ Subtitle B—Nutrition
Auchincloss Garamendi McGovern Messrs. LUCAS, BUDD, LaMALFA, Sec. 1101. Supplemental nutrition assistance
Axne Garcı́a (IL) McKinley program.
Bacon Garcia (TX) McNerney MULLIN, SALAZAR, and DIAZ-
Banks BALART changed their vote from Sec. 1102. Additional assistance for SNAP on-
Gibbs Meijer
Barragán Golden Meng ‘‘nay’’ to ‘‘yea.’’ line purchasing and technology
Bass Gonzalez (OH) Miller-Meeks improvements.
So the motion to adjourn was re-
Beatty Gonzalez, Moore (UT) Sec. 1103. Additional funding for nutrition as-
Bera Vicente Moore (WI)
jected. sistance programs.
Beyer Gottheimer Morelle The result of the vote was announced Sec. 1104. Commodity supplemental food pro-
Bice (OK) Granger Moulton as above recorded. gram.
Bishop (GA) Green, Al (TX) Mrvan Stated against: Sec. 1105. Improvements to WIC benefits.
Blumenauer Grijalva Murphy (FL) Mr. MALINOWSKI. Mr. Speaker, had I been Sec. 1106. WIC program modernization.
Blunt Rochester Haaland Murphy (NC)
Bonamici Harder (CA) Nadler present, I would have voted ‘‘nay’’ on rollcall Sec. 1107. Meals and supplements reimburse-
Bourdeaux Hastings Napolitano No. 71. ments for individuals who have
Bowman Hayes Neal Mr. SOTO. Mr. Speaker, had I been not attained the age of 25.
Boyle, Brendan Herrera Beutler Neguse present, I would have voted ‘‘nay’’ on rollcall Sec. 1108. Pandemic EBT program.
F. Higgins (LA) Newman TITLE II—COMMITTEE ON HEALTH,
Brownley Higgins (NY) Norcross
No. 71.
MEMBERS RECORDED PURSUANT TO HOUSE EDUCATION, LABOR, AND PENSIONS
Buchanan Himes O’Halleran
Bush Hinson Ocasio-Cortez RESOLUTION 8, 117TH CONGRESS Subtitle A—Education Matters
Bustos Horsford Pallone Allred (Davids (Stanton) (NY)) PART 1—DEPARTMENT OF EDUCATION
Butterfield Houlahan Panetta (KS)) Napolitano
Langevin Sec. 2001. Elementary and Secondary School
Calvert Hoyer Pappas (Correa)
Baird (Walorski) (Lynch) Emergency Relief Fund.
Carbajal Huffman Pascrell Payne
Barragán Lawson (FL) Sec. 2002. Emergency assistance to non-public
Carson Issa Payne (Wasserman
(Beyer) (Evans)
Carter (TX) Jackson Lee Pence Schultz) schools.
Case Jacobs (CA) Perlmutter Bush (Ocasio- Lieu (Beyer)
Pingree (Kuster) Sec. 2003. Higher Education Emergency Relief
Casten Jayapal Phillips Cortez) Lofgren
Cleaver (Davids Porter (Wexton) Fund.
Castor (FL) Jeffries Pingree (Jeffries)
(KS)) Lowenthal
Roybal-Allard Sec. 2004. Maintenance of effort and mainte-
Castro (TX) Johnson (GA) Pocan (Leger
Chu Johnson (LA) Porter Cohen (Beyer) (Beyer) nance of equity.
Fernandez) Sec. 2005. Outlying areas.
Cicilline Johnson (TX) Posey DeFazio (Davids McEachin
Ruiz (Aguilar) Sec. 2006. Gallaudet University.
Clark (MA) Jones Price (NC) (KS)) (Wexton) Rush
Clarke (NY) Joyce (OH) Quigley Fudge (Kaptur) McHenry Sec. 2007. Student aid administration.
(Underwood)
Cleaver Kahele Raskin Grijalva (Garcı́a (Banks) Steube
Sec. 2008. Howard University.
Clyburn Kaptur Rice (NY) (IL)) Meng (Clark (Franklin, C. Sec. 2009. National Technical Institute for the
Cohen Katko Rice (SC) Hastings (MA)) Scott) Deaf.
Connolly Keating Rogers (AL) (Wasserman Moore (WI) Strickland Sec. 2010. Institute of Education Sciences.
Cooper Kelly (IL) Ross Schultz) (Beyer) (DelBene) Sec. 2011. Program administration.
Correa Kelly (MS) Roybal-Allard Johnson (TX) Morelle (Tonko) Thompson (MS) Sec. 2012. Office of Inspector General.
Courtney Khanna Ruiz (Jeffries) (Butterfield)
Craig Kildee Ruppersberger
Moulton (Rice Sec. 2013. Modification of revenue requirements
Kirkpatrick Watson Coleman for proprietary institutions of
Crenshaw Kilmer Rush
Crow Kim (NJ) Rutherford f higher education.
Cuellar Kind Ryan Sec. 2014. Funding for the Individuals with
Curtis Kirkpatrick Sánchez AMERICAN RESCUE PLAN ACT OF Disabilities Education Act.
Davids (KS) Krishnamoorthi Scanlon 2021 PART 2—MISCELLANEOUS
Davis, Danny K. Kuster Schakowsky
Dean Lamb Schiff
Mr. YARMUTH. Mr. Speaker, pursu- Sec. 2021. National Endowment for the Arts.
DeFazio Langevin Schneider ant to House Resolution 198, I call up Sec. 2022. National Endowment for the Human-
DeGette Larsen (WA) Schrader the bill (H.R. 1319) to provide for rec- ities.
DeLauro Lawson (FL) Schrier onciliation pursuant to title II of S. Sec. 2023. Institute of Museum and Library
DelBene Lee (CA) Scott (VA) Services.
Delgado Lee (NV) Scott, David
Con. Res. 5, with the Senate amend-
Demings Leger Fernandez Sherman ment thereto, and ask for its imme- Subtitle B—Labor Matters
abonner on DSKJLXR7X2PROD with CONG-REC-ONLINE
DeSaulnier Levin (CA) Sherrill diate consideration. Sec. 2101. Funding for Department of Labor
Deutch Levin (MI) Sires The Clerk read the title of the bill. worker protection activities.
Dingell Lieu Slotkin The SPEAKER pro tempore. The
Doggett Lofgren Smith (WA) Subtitle C—Human Services and Community
Escobar Long Spanberger Clerk will designate the Senate amend- Supports
Eshoo Lowenthal Stanton ment. Sec. 2201. Child Care and Development Block
Espaillat Luria Stauber Senate amendment: Grant Program.
Evans Lynch Stevens Strike all after the first word and insert
Fitzpatrick Mace Strickland
Sec. 2202. Child Care Stabilization.
Fletcher Maloney, Suozzi
the following: Sec. 2203. Head Start.
Fortenberry Carolyn B. Takano 1. SHORT TITLE. Sec. 2204. Programs for survivors.
Foster Maloney, Sean Thompson (CA) This Act may be cited as the ‘‘American Res- Sec. 2205. Child abuse prevention and treat-
Foxx Manning Thompson (MS) cue Plan Act of 2021’’. ment.
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1197
Sec. 2206. Corporation for National and Com- Sec. 2902. Extended unemployment benefits TITLE VI—COMMITTEE ON ENVIRONMENT
munity Service and the National under the Railroad Unemploy- AND PUBLIC WORKS
Service Trust. ment Insurance Act. Sec. 6001. Economic adjustment assistance.
Subtitle D—Public Health Sec. 2903. Extension of waiver of the 7-day Sec. 6002. Funding for pollution and disparate
Sec. 2301. Funding for COVID–19 vaccine ac- waiting period for benefits under impacts of the COVID–19 pan-
tivities at the Centers for Disease the Railroad Unemployment In- demic.
Control and Prevention. surance Act. Sec. 6003. United States Fish and Wildlife Serv-
Sec. 2302. Funding for vaccine confidence ac- Sec. 2904. Railroad Retirement Board and Of- ice.
tivities. fice of the Inspector General TITLE VII—COMMITTEE ON COMMERCE,
Sec. 2303. Funding for supply chain for funding. SCIENCE, AND TRANSPORTATION
COVID–19 vaccines, therapeutics, Subtitle K—Ratepayer Protection Subtitle A—Transportation and Infrastructure
and medical supplies. Sec. 2911. Funding for LIHEAP.
Sec. 2304. Funding for COVID–19 vaccine, Sec. 7101. Grants to the National Railroad Pas-
Sec. 2912. Funding for water assistance pro- senger Corporation.
therapeutic, and device activities gram.
at the Food and Drug Administra- Sec. 7102. Relief for airports.
Subtitle L—Assistance for Older Americans, Sec. 7103. Emergency FAA Employee Leave
tion.
Sec. 2305. Reduced cost-sharing. Grandfamilies, and Kinship Families Fund.
Sec. 2921. Supporting older americans and their Sec. 7104. Emergency TSA Employee Leave
Subtitle E—Testing Fund.
families.
Sec. 2401. Funding for COVID–19 testing, con-
Sec. 2922. National Technical Assistance Center Subtitle B—Aviation Manufacturing Jobs
tact tracing, and mitigation ac-
on Grandfamilies and Kinship Protection
tivities.
Sec. 2402. Funding for SARS–CoV–2 genomic se- Families. Sec. 7201. Definitions.
quencing and surveillance. TITLE III—COMMITTEE ON BANKING, Sec. 7202. Payroll support program.
Sec. 2403. Funding for global health. HOUSING, AND URBAN AFFAIRS Subtitle C—Airlines
Sec. 2404. Funding for data modernization and Subtitle A—Defense Production Act of 1950 Sec. 7301. Air Transportation Payroll Support
forecasting center. Program Extension.
Sec. 3101. COVID–19 emergency medical sup-
Subtitle F—Public Health Workforce plies enhancement. Subtitle D—Consumer Protection and Commerce
Sec. 2501. Funding for public health workforce. Subtitle B—Housing Provisions Oversight
Sec. 2502. Funding for Medical Reserve Corps.
Sec. 3201. Emergency rental assistance. Sec. 7401. Funding for consumer product safety
Subtitle G—Public Health Investments fund to protect consumers from
Sec. 3202. Emergency housing vouchers.
Sec. 2601. Funding for community health cen- Sec. 3203. Emergency assistance for rural hous- potentially dangerous products
ters and community care. ing. related to COVID–19.
Sec. 2602. Funding for National Health Service Sec. 3204. Housing counseling. Sec. 7402. Funding for E-Rate support for emer-
Corps. Sec. 3205. Homelessness assistance and sup- gency educational connections
Sec. 2603. Funding for Nurse Corps. portive services program. and devices.
Sec. 2604. Funding for teaching health centers Sec. 7403. Funding for Department of Commerce
Sec. 3206. Homeowner Assistance Fund.
that operate graduate medical Inspector General.
Sec. 3207. Relief measures for section 502 and
education. Sec. 7404. Federal Trade Commission funding
504 direct loan borrowers.
Sec. 2605. Funding for family planning. for COVID–19 related work.
Sec. 3208. Fair housing activities.
Subtitle H—Mental Health and Substance Use Subtitle E—Science and Technology
Disorder Subtitle C—Small Business (SSBCI)
Sec. 3301. State Small Business Credit Initia- Sec. 7501. National Institute of Standards and
Sec. 2701. Funding for block grants for commu-
tive. Technology.
nity mental health services. Sec. 7502. National Science Foundation.
Sec. 2702. Funding for block grants for preven- Subtitle D—Public Transportation
tion and treatment of substance Subtitle F—Corporation for Public Broadcasting
Sec. 3401. Federal Transit Administration
abuse. grants. Sec. 7601. Support for the Corporation for Pub-
Sec. 2703. Funding for mental health and sub- lic Broadcasting.
TITLE IV—COMMITTEE ON HOMELAND
stance use disorder training for TITLE VIII—COMMITTEE ON VETERANS’
SECURITY AND GOVERNMENTAL AFFAIRS
health care professionals, para- AFFAIRS
professionals, and public safety Sec. 4001. Emergency Federal Employee Leave
Fund. Sec. 8001. Funding for claims and appeals proc-
officers.
Sec. 4002. Funding for the Government Ac- essing.
Sec. 2704. Funding for education and aware-
countability Office. Sec. 8002. Funding availability for medical care
ness campaign encouraging
Sec. 4003. Pandemic Response Accountability and health needs.
healthy work conditions and use
Committee funding availability. Sec. 8003. Funding for supply chain moderniza-
of mental health and substance
Sec. 4004. Funding for the White House. tion.
use disorder services by health Sec. 8004. Funding for State homes.
care professionals. Sec. 4005. Federal Emergency Management
Agency appropriation. Sec. 8005. Funding for the Department of Vet-
Sec. 2705. Funding for grants for health care
Sec. 4006. Funeral assistance. erans Affairs Office of Inspector
providers to promote mental
Sec. 4007. Emergency food and shelter program General.
health among their health profes- Sec. 8006. Covid–19 veteran rapid retraining as-
sional workforce. funding.
Sec. 4008. Humanitarian relief. sistance program.
Sec. 2706. Funding for community-based fund-
Sec. 4009. Cybersecurity and Infrastructure Se- Sec. 8007. Prohibition on copayments and cost
ing for local substance use dis-
curity Agency. sharing for veterans during emer-
order services.
Sec. 2707. Funding for community-based fund- Sec. 4010. Appropriation for the United States gency relating to COVID–19.
Digital Service. Sec. 8008. Emergency Department of Veterans
ing for local behavioral health
Sec. 4011. Appropriation for the Technology Affairs Employee Leave Fund.
needs.
Sec. 2708. Funding for the National Child Trau- Modernization Fund. TITLE IX—COMMITTEE ON FINANCE
matic Stress Network. Sec. 4012. Appropriation for the Federal Citizen Subtitle A—Crisis Support for Unemployed
Sec. 2709. Funding for Project AWARE. Services Fund. Workers
Sec. 2710. Funding for youth suicide preven- Sec. 4013. AFG and SAFER program funding. PART 1—EXTENSION OF CARES ACT
tion. Sec. 4014. Emergency management performance UNEMPLOYMENT PROVISIONS
Sec. 2711. Funding for behavioral health work- grant funding.
force education and training. Sec. 4015. Extension of reimbursement authority Sec. 9011. Extension of Pandemic Unemploy-
Sec. 2712. Funding for pediatric mental health for Federal contractors. ment Assistance.
care access. Sec. 9012. Extension of emergency unemploy-
Sec. 4016. Eligibility for workers’ compensation
Sec. 2713. Funding for expansion grants for cer- ment relief for governmental enti-
benefits for Federal employees di-
tified community behavioral ties and nonprofit organizations.
agnosed with COVID–19.
health clinics. Sec. 9013. Extension of Federal Pandemic Un-
TITLE V—COMMITTEE ON SMALL employment Compensation.
Subtitle I—Exchange Grant Program BUSINESS AND ENTREPRENEURSHIP Sec. 9014. Extension of full Federal funding of
Sec. 2801. Establishing a grant program for Ex-
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Sec. 5001. Modifications to paycheck protection the first week of compensable reg-
change modernization. program. ular unemployment for States
Subtitle J—Continued Assistance to Rail Sec. 5002. Targeted EIDL advance. with no waiting week.
Workers Sec. 5003. Support for restaurants. Sec. 9015. Extension of emergency State staffing
Sec. 2901. Additional enhanced benefits under Sec. 5004. Community navigator pilot program. flexibility.
the Railroad Unemployment In- Sec. 5005. Shuttered venue operators. Sec. 9016. Extension of pandemic emergency un-
surance Act. Sec. 5006. Direct appropriations. employment compensation.
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H1198 CONGRESSIONAL RECORD — HOUSE March 10, 2021
Sec. 9017. Extension of temporary financing of Sec. 9632. Increase in exclusion for employer- Sec. 9816. Sunset of limit on maximum rebate
short-time compensation pay- provided dependent care assist- amount for single source drugs
ments in States with programs in ance. and innovator multiple source
law. PART 5—CREDITS FOR PAID SICK AND FAMILY drugs.
Sec. 9018. Extension of temporary financing of LEAVE Sec. 9817. Additional support for Medicaid
short-time compensation agree- home and community-based serv-
Sec. 9641. Payroll credits.
ments for States without programs ices during the COVID–19 emer-
Sec. 9642. Credit for sick leave for certain self-
in law. gency.
employed individuals.
PART 2—EXTENSION OF FFCRA Sec. 9818. Funding for State strike teams for
Sec. 9643. Credit for family leave for certain
UNEMPLOYMENT PROVISIONS resident and employee safety in
self-employed individuals.
Sec. 9021. Extension of temporary assistance for nursing facilities.
PART 6—EMPLOYEE RETENTION CREDIT Sec. 9819. Special rule for the period of a de-
States with advances.
Sec. 9022. Extension of full Federal funding of Sec. 9651. Extension of employee retention cred- clared public health emergency re-
extended unemployment com- it. lated to coronavirus.
pensation. PART 7—PREMIUM TAX CREDIT Subtitle K—Children’s Health Insurance
PART 3—DEPARTMENT OF LABOR FUNDING FOR Sec. 9661. Improving affordability by expanding Program
TIMELY, ACCURATE, AND EQUITABLE PAYMENT premium assistance for consumers. Sec. 9821. Mandatory coverage of COVID–19
Sec. 9031. Funding for administration. Sec. 9662. Temporary modification of limitations vaccines and administration and
Sec. 9032. Funding for fraud prevention, equi- on reconciliation of tax credits for treatment under CHIP.
table access, and timely payment coverage under a qualified health Sec. 9822. Modifications to certain coverage
to eligible workers. plan with advance payments of under CHIP for pregnant and
such credit. postpartum women.
PART 4—OTHER PROVISIONS Sec. 9663. Application of premium tax credit in Subtitle L—Medicare
Sec. 9041. Extension of limitation on excess case of individuals receiving un-
business losses of noncorporate Sec. 9831. Floor on the Medicare area wage
employment compensation during
taxpayers. index for hospitals in all-urban
2021.
Sec. 9042. Suspension of tax on portion of un- States.
PART 8—MISCELLANEOUS PROVISIONS Sec. 9832. Secretarial authority to temporarily
employment compensation.
Sec. 9671. Repeal of election to allocate interest, waive or modify application of
Subtitle B—Emergency Assistance to Families
etc. on worldwide basis. certain Medicare requirements
Through Home Visiting Programs
Sec. 9672. Tax treatment of targeted EIDL ad- with respect to ambulance services
Sec. 9101. Emergency assistance to families vances. furnished during certain emer-
through home visiting programs. Sec. 9673. Tax treatment of restaurant revital- gency periods.
Subtitle C—Emergency Assistance to Children ization grants. Sec. 9833. Funding for Office of Inspector Gen-
and Families Sec. 9674. Modification of exceptions for report- eral.
Sec. 9201. Pandemic Emergency Assistance. ing of third party network trans- Subtitle M—Coronavirus State and Local Fiscal
actions. Recovery Funds
Subtitle D—Elder Justice and Support
Sec. 9675. Modification of treatment of student
Guarantee Sec. 9901. Coronavirus State and Local Fiscal
loan forgiveness.
Sec. 9301. Additional funding for aging and dis- Recovery Funds.
Subtitle H—Pensions
ability services programs. Subtitle N—Other Provisions
Sec. 9701. Temporary delay of designation of
Subtitle E—Support to Skilled Nursing Facilities Sec. 9911. Funding for providers relating to
multiemployer plans as in endan-
in Response to COVID–19 COVID–19.
gered, critical, or critical and de-
Sec. 9401. Providing for infection control sup- Sec. 9912. Extension of customs user fees.
clining status.
port to skilled nursing facilities Sec. 9702. Temporary extension of the funding TITLE X—COMMITTEE ON FOREIGN
through contracts with quality improvement and rehabilitation RELATIONS
improvement organizations. periods for multiemployer pension Sec. 10001. Department of State operations.
Sec. 9402. Funding for strike teams for resident plans in critical and endangered Sec. 10002. United States Agency for Inter-
and employee safety in skilled status for 2020 or 2021. national Development operations.
nursing facilities. Sec. 9703. Adjustments to funding standard ac- Sec. 10003. Global response.
Subtitle F—Preserving Health Benefits for count rules. Sec. 10004. Humanitarian response.
Workers Sec. 9704. Special financial assistance program Sec. 10005. Multilateral assistance.
Sec. 9501. Preserving health benefits for work- for financially troubled multiem- TITLE XI—COMMITTEE ON INDIAN
ers. ployer plans. AFFAIRS
Subtitle G—Promoting Economic Security Sec. 9705. Extended amortization for single em- Sec. 11001. Indian Health Service.
ployer plans. Sec. 11002. Bureau of Indian Affairs.
PART 1—2021 RECOVERY REBATES TO Sec. 9706. Extension of pension funding sta-
INDIVIDUALS Sec. 11003. Housing assistance and supportive
bilization percentages for single services programs for Native
Sec. 9601. 2021 recovery rebates to individuals. employer plans. Americans.
PART 2—CHILD TAX CREDIT Sec. 9707. Modification of special rules for min- Sec. 11004. COVID–19 response resources for the
Sec. 9611. Child tax credit improvements for imum funding standards for com- preservation and maintenance of
2021. munity newspaper plans. Native American languages.
Sec. 9612. Application of child tax credit in pos- Sec. 9708. Expansion of limitation on excessive Sec. 11005. Bureau of Indian Education.
sessions. employee remuneration. Sec. 11006. American Indian, Native Hawaiian,
PART 3—EARNED INCOME TAX CREDIT Subtitle I—Child Care for Workers and Alaska Native education.
Sec. 9621. Strengthening the earned income tax Sec. 9801. Child care assistance. TITLE I—COMMITTEE ON AGRICULTURE,
credit for individuals with no Subtitle J—Medicaid NUTRITION, AND FORESTRY
qualifying children. Sec. 9811. Mandatory coverage of COVID–19 Subtitle A—Agriculture
Sec. 9622. Taxpayer eligible for childless earned vaccines and administration and SEC. 1001.
FOOD SUPPLY CHAIN AND AGRI-
income credit in case of qualifying treatment under Medicaid. CULTURE PANDEMIC RESPONSE.
children who fail to meet certain Sec. 9812. Modifications to certain coverage (a) APPROPRIATION.—In addition to amounts
identification requirements. under Medicaid for pregnant and otherwise available, there is appropriated to the
Sec. 9623. Credit allowed in case of certain sep- postpartum women. Secretary of Agriculture for fiscal year 2021, out
arated spouses. Sec. 9813. State option to provide qualifying of any money in the Treasury not otherwise ap-
Sec. 9624. Modification of disqualified invest- community-based mobile crisis propriated, $4,000,000,000, to remain available
ment income test. intervention services. until expended, to carry out this section.
Sec. 9625. Application of earned income tax Sec. 9814. Temporary increase in FMAP for (b) USE OF FUNDS.—The Secretary of Agri-
credit in possessions of the United medical assistance under State culture shall use the amounts made available
States. Medicaid plans which begin to ex- pursuant to subsection (a)—
Sec. 9626. Temporary special rule for deter-
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pend amounts for certain manda- (1) to purchase food and agricultural commod-
mining earned income for pur-
tory individuals. ities;
poses of earned income tax credit.
Sec. 9815. Extension of 100 percent Federal med- (2) to purchase and distribute agricultural
PART 4—DEPENDENT CARE ASSISTANCE ical assistance percentage to commodities (including fresh produce, dairy,
Sec. 9631. Refundability and enhancement of Urban Indian Health Organiza- seafood, eggs, and meat) to individuals in need,
child and dependent care tax tions and Native Hawaiian Health including through delivery to nonprofit organi-
credit. Care Systems. zations and through restaurants and other food
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1199
related entities, as determined by the Secretary, (1) increase capacity for vaccine distribution; (3) SOCIALLY DISADVANTAGED FARMER OR
that may receive, store, process, and distribute (2) provide medical supplies to increase med- RANCHER.—The term ‘‘socially disadvantaged
food items; ical surge capacity; farmer or rancher’’ has the meaning given the
(3) to make grants and loans for small or (3) reimburse for revenue lost during the term in section 2501(a) of the Food, Agriculture,
midsized food processors or distributors, seafood COVID–19 pandemic, including revenue losses Conservation, and Trade Act of 1990 (7 U.S.C.
processing facilities and processing vessels, incurred prior to the awarding of the grant; 2279(a)).
farmers markets, producers, or other organiza- (4) increase telehealth capabilities, including SEC. 1006. USDA ASSISTANCE AND SUPPORT FOR
tions to respond to COVID–19, including for underlying health care information systems; SOCIALLY DISADVANTAGED FARM-
measures to protect workers against COVID–19; (5) construct temporary or permanent struc- ERS, RANCHERS, FOREST LAND OWN-
and tures to provide health care services, including ERS AND OPERATORS, AND GROUPS.
(4) to make loans and grants and provide vaccine administration or testing; (a) APPROPRIATION.—In addition to amounts
other assistance to maintain and improve food (6) support staffing needs for vaccine adminis- otherwise available, there is appropriated to the
and agricultural supply chain resiliency. tration or testing; and Secretary of Agriculture for fiscal year 2021, out
(c) ANIMAL HEALTH.— (7) engage in any other efforts to support of any money in the Treasury not otherwise ap-
(1) COVID–19 ANIMAL SURVEILLANCE.—The rural development determined to be critical to propriated, $1,010,000,000, to remain available
Secretary of Agriculture shall conduct moni- address the COVID–19 pandemic, including nu- until expended, to carry out this section.
toring and surveillance of susceptible animals tritional assistance to vulnerable individuals, as (b) ASSISTANCE.—The Secretary of Agriculture
for incidence of SARS–CoV–2. approved by the Secretary. shall use the amounts made available pursuant
(2) FUNDING.—Out of the amounts made avail- (c) FUNDING.—In addition to amounts other- to subsection (a) for purposes described in this
able under subsection (a), the Secretary shall wise available, there is appropriated to the Sec- subsection by—
use $300,000,000 to carry out this subsection. retary for fiscal year 2021, out of any money in (1) using not less than 5 percent of the total
(d) OVERTIME FEES.— the Treasury not otherwise appropriated, amount of funding provided under subsection
(1) SMALL ESTABLISHMENT; VERY SMALL ESTAB- $500,000,000, to remain available until September (a) to provide outreach, mediation, financial
LISHMENT DEFINITIONS.—The terms ‘‘small estab- 30, 2023, to carry out this section, of which not training, capacity building training, cooperative
lishment’’ and ‘‘very small establishment’’ have more than 3 percent may be used by the Sec- development training and support, and other
the meaning given those terms in the final rule retary for administrative purposes and not more technical assistance on issues concerning food,
entitled ‘‘Pathogen Reduction; Hazard Analysis than 2 percent may be used by the Secretary for agriculture, agricultural credit, agricultural ex-
and Critical Control Point (HACCP) Systems’’ technical assistance as defined in section tension, rural development, or nutrition to so-
published in the Federal Register on July 25, 306(a)(26) of the Consolidated Farm and Rural cially disadvantaged farmers, ranchers, or forest
1996 (61 Fed. Reg. 38806). Development Act (7 U.S.C. 1926(a)(26)). landowners, or other members of socially dis-
(2) OVERTIME INSPECTION COST REDUCTION.— SEC. 1003. PANDEMIC PROGRAM ADMINISTRA- advantaged groups;
Notwithstanding section 10703 of the Farm Secu- TION FUNDS. (2) using not less than 5 percent of the total
rity and Rural Investment Act of 2002 (7 U.S.C. In addition to amounts otherwise available, amount of funding provided under subsection
2219a), the Act of June 5, 1948 (21 U.S.C. 695), there are appropriated for fiscal year 2021, out (a) to provide grants and loans to improve land
section 25 of the Poultry Products Inspection of any money in the Treasury not otherwise ap- access for socially disadvantaged farmers,
Act (21 U.S.C. 468), and section 24 of the Egg propriated, $47,500,000, to remain available until ranchers, or forest landowners, including issues
Products Inspection Act (21 U.S.C. 1053), and expended, for necessary administrative expenses related to heirs’ property in a manner as deter-
any regulations promulgated by the Department associated with carrying out this subtitle. mined by the Secretary;
of Agriculture implementing such provisions of (3) using not less than 0.5 percent of the total
SEC. 1004. FUNDING FOR THE USDA OFFICE OF
law and subject to the availability of funds INSPECTOR GENERAL FOR OVER- amount of funding provided under subsection
under paragraph (3), the Secretary of Agri- SIGHT OF COVID–19-RELATED PRO- (a) to fund the activities of one or more equity
culture shall reduce the amount of overtime in- GRAMS. commissions that will address racial equity
spection costs borne by federally-inspected small In addition to amounts otherwise made avail- issues within the Department of Agriculture and
establishments and very small establishments able, there is appropriated to the Office of the its programs;
engaged in meat, poultry, or egg products proc- Inspector General of the Department of Agri- (4) using not less than 5 percent of the total
essing and subject to the requirements of the culture for fiscal year 2021, out of any money in amount of funding provided under subsection
Federal Meat Inspection Act (21 U.S.C. 601 et the Treasury not otherwise appropriated, (a) to support and supplement agricultural re-
seq.), the Poultry Products Inspection Act (21 $2,500,000, to remain available until September search, education, and extension, as well as
U.S.C. 451 et seq.), or the Egg Products Inspec- 30, 2022, for audits, investigations, and other scholarships and programs that provide intern-
tion Act (21 U.S.C. 1031 et seq.), for inspection oversight activities of projects and activities car- ships and pathways to Federal employment,
activities carried out during the period of fiscal ried out with funds made available to the De- by—
years 2021 through 2030. partment of Agriculture related to the COVID– (A) using not less than 1 percent of the total
(3) FUNDING.—Out of the amounts made avail- 19 pandemic. amount of funding provided under subsection
able under subsection (a), the Secretary shall SEC. 1005. FARM LOAN ASSISTANCE FOR SO- (a) at colleges or universities eligible to receive
use $100,000,000 to carry out this subsection. CIALLY DISADVANTAGED FARMERS funds under the Act of August 30, 1890 (com-
SEC. 1002. EMERGENCY RURAL DEVELOPMENT AND RANCHERS. monly known as the ‘‘Second Morrill Act’’) (7
GRANTS FOR RURAL HEALTH CARE. (a) PAYMENTS.— U.S.C. 321 et seq.), including Tuskegee Univer-
(a) GRANTS.—The Secretary of Agriculture (in (1) APPROPRIATION.—In addition to amounts sity;
this section referred to as the ‘‘Secretary’’) shall otherwise available, there is appropriated to the (B) using not less than 1 percent of the total
use the funds made available by this section to Secretary for fiscal year 2021, out of amounts in amount of funding provided under subsection
establish an emergency pilot program for rural the Treasury not otherwise appropriated, such (a) at 1994 Institutions (as defined in section 532
development not later than 150 days after the sums as may be necessary, to remain available of the Equity in Educational Land-Grant Status
date of enactment of this Act to provide grants until expended, for the cost of loan modifica- Act of 1994 (7 U.S.C. 301 note; Public Law 103–
to eligible applicants (as defined in section tions and payments under this section. 382));
3570.61(a) of title 7, Code of Federal Regula- (2) PAYMENTS.—The Secretary shall provide a (C) using not less than 1 percent of the total
tions) to be awarded by the Secretary based on payment in an amount up to 120 percent of the amount of funding provided under subsection
rural development needs related to the COVID– outstanding indebtedness of each socially dis- (a) at Alaska Native serving institutions and
19 pandemic. advantaged farmer or rancher as of January 1, Native Hawaiian serving institutions eligible to
(b) USES.—An eligible applicant to whom a 2021, to pay off the loan directly or to the so- receive grants under subsections (a) and (b), re-
grant is awarded under this section may use the cially disadvantaged farmer or rancher (or a spectively, of section 1419B of the National Agri-
grant funds for costs, including those incurred combination of both), on each— cultural Research, Extension, and Teaching
prior to the issuance of the grant, as determined (A) direct farm loan made by the Secretary to Policy Act of 1977 (7 U.S.C. 3156);
by the Secretary, of facilities which primarily the socially disadvantaged farmer or rancher; (D) using not less than 1 percent of the total
serve rural areas (as defined in section and amount of funding provided under subsection
343(a)(13)(C) of the Consolidated Farm and (B) farm loan guaranteed by the Secretary the (a) at Hispanic-serving institutions eligible to
Rural Development Act (7 U.S.C. 1991(a)(13)(C)), borrower of which is the socially disadvantaged receive grants under section 1455 of the National
which are located in a rural area, the median farmer or rancher. Agricultural Research, Extension, and Teaching
household income of the population to be served (b) DEFINITIONS.—In this section: Policy Act of 1977 (7 U.S.C. 3241); and
by which is less than the greater of the poverty (1) FARM LOAN.—The term ‘‘farm loan’’ (E) using not less than 1 percent of the total
line or the applicable percentage (determined means— amount of funding provided under subsection
under section 3570.63(b) of title 7, Code of Fed- (A) a loan administered by the Farm Service (a) at the insular area institutions of higher
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eral Regulations) of the State nonmetropolitan Agency under subtitle A, B, or C of the Consoli- education located in the territories of the United
median household income, and for which the dated Farm and Rural Development Act (7 States, as referred to in section 1489 of the Na-
performance of any construction work com- U.S.C. 1922 et seq.); and tional Agricultural Research, Extension, and
pleted with grant funds shall meet the condition (B) a Commodity Credit Corporation Farm Teaching Policy Act of 1977 (7 U.S.C. 3361); and
set forth in section 9003(f) of the Farm Security Storage Facility Loan. (5) using not less than 5 percent of the total
and Rural Investment Act of 2002 (7 U.S.C. (2) SECRETARY.—The term ‘‘Secretary’’ means amount of funding provided under subsection
8103(f)), to— the Secretary of Agriculture. (a) to provide financial assistance to socially
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H1200 CONGRESSIONAL RECORD — HOUSE March 10, 2021
disadvantaged farmers, ranchers, or forest land- SEC. 1102. ADDITIONAL ASSISTANCE FOR SNAP (A) Food package III–Participants with quali-
owners that are former farm loan borrowers that ONLINE PURCHASING AND TECH- fying conditions.
NOLOGY IMPROVEMENTS. (B) Food Package IV–Children 1 through 4
suffered related adverse actions or past discrimi-
nation or bias in Department of Agriculture pro- (a) FUNDING.—In addition to amounts other- years.
grams, as determined by the Secretary. wise made available, there is appropriated for (C) Food Package V–Pregnant and partially
(c) DEFINITIONS.—In this section: fiscal year 2021, out of any amounts in the (mostly) breastfeeding women.
Treasury not otherwise appropriated, $25,000,000 (D) Food Package VI–Postpartum women.
(1) NONINDUSTRIAL PRIVATE FOREST LAND.—
to remain available through September 30, 2026, (E) Food Package VII–Fully breastfeeding.
The term ‘‘nonindustrial private forest land’’
to carry out this section. (5) SECRETARY.—The term ‘‘Secretary’’ means
has the meaning given the term in section (b) USE OF FUNDS.—The Secretary of Agri- the Secretary of Agriculture.
1201(a)(18) of the Food Security Act of 1985 (16 culture may use the amounts made available (6) STATE AGENCY.—The term ‘‘State agency’’
U.S.C. 3801(a)(18)). pursuant to subsection (a)— has the meaning given the term in section 17(b)
(2) SOCIALLY DISADVANTAGED FARMER, RANCH- (1) to make technological improvements to im- of the Child Nutrition Act of 1966 (42 U.S.C.
ER, OR FOREST LANDOWNER.—The term ‘‘socially prove online purchasing in the supplemental 1786(b)).
disadvantaged farmer, rancher, or forest land- nutrition assistance program established under (b) AUTHORITY TO INCREASE AMOUNT OF CASH-
owner’’ means a farmer, rancher, or owner or the Food and Nutrition Act of 2008 (7 U.S.C. VALUE VOUCHER.—During the public health
operator of nonindustrial private forest land 2011 et seq.); emergency declared by the Secretary of Health
who is a member of a socially disadvantaged (2) to modernize electronic benefit transfer and Human Services under section 319 of the
group. technology; Public Health Service Act (42 U.S.C. 247d) on
(3) SOCIALLY DISADVANTAGED GROUP.—The (3) to support the mobile technologies dem- January 31, 2020, with respect to the
term ‘‘socially disadvantaged group’’ has the onstration projects and the use of mobile tech- Coronavirus Disease 2019 (COVID–19), and in
meaning given the term in section 2501(a) of the nologies authorized under section 7(h)(14) of the response to challenges relating to that public
Food, Agriculture, Conservation, and Trade Act Food and Nutrition Act of 2008 (7 U.S.C. health emergency, the Secretary may, in car-
of 1990 (7 U.S.C. 2279(a)). 2016(h)(14)); and rying out the program, increase the amount of a
SEC. 1007. USE OF THE COMMODITY CREDIT COR- (4) to provide technical assistance to educate cash-value voucher under a qualified food pack-
PORATION FOR COMMODITIES AND retailers on the process and technical require- age to an amount that is less than or equal to
ASSOCIATED EXPENSES. ments for the online acceptance of the supple- $35.
In addition to amounts otherwise made avail- mental nutrition assistance program benefits, (c) APPLICATION OF INCREASED AMOUNT OF
able, there are appropriated for fiscal year 2021, for mobile payments, and for electronic benefit CASH-VALUE VOUCHER TO STATE AGENCIES.—
out of any money in the Treasury not otherwise transfer modernization initiatives. (1) NOTIFICATION.—An increase to the amount
appropriated, $800,000,000, to remain available SEC. 1103. ADDITIONAL FUNDING FOR NUTRI- of a cash-value voucher under subsection (b)
until September 30, 2022, to use the Commodity TION ASSISTANCE PROGRAMS. shall apply to any State agency that notifies the
Credit Corporation to acquire and make avail- Section 704 of division N of the Consolidated Secretary of—
able commodities under section 406(b) of the Appropriations Act, 2021 (Public Law 116–260) is (A) the intent to use that increased amount,
Food for Peace Act (7 U.S.C. 1736(b)) and for ex- amended— without further application; and
penses under such section. (1) by striking ‘‘In addition’’ and inserting the (B) the applicable period selected by the State
following: agency during which that increased amount
Subtitle B—Nutrition ‘‘(a) COVID–19 RESPONSE FUNDING.—In addi- shall apply.
SEC. 1101. SUPPLEMENTAL NUTRITION ASSIST- tion’’; and (2) USE OF INCREASED AMOUNT.—A State agen-
ANCE PROGRAM. (2) by adding at the end the following— cy that makes a notification to the Secretary
(a) VALUE OF BENEFITS.—Section 702(a) of di- ‘‘(b) ADDITIONAL FUNDING.—In addition to under paragraph (1) shall use the increased
vision N of the Consolidated Appropriations Act, any other funds made available, there is appro- amount described in that paragraph—
2021 (Public Law 116–260) is amended by striking priated for fiscal year 2021, out of any money in (A) during the applicable period described in
‘‘June 30, 2021’’ and inserting ‘‘September 30, the Treasury not otherwise appropriated, that notification; and
2021’’. $1,000,000,000 to remain available until Sep- (B) only during a single applicable period.
tember 30, 2027, for the Secretary of Agriculture (d) SUNSET.—The authority of the Secretary
(b) SNAP ADMINISTRATIVE EXPENSES.—In ad-
to provide grants to the Commonwealth of under subsection (b), and the authority of a
dition to amounts otherwise available, there is
Northern Mariana Islands, Puerto Rico, and State agency to increase the amount of a cash-
hereby appropriated for fiscal year 2021, out of
American Samoa for nutrition assistance, of value voucher under subsection (c), shall termi-
any amounts in the Treasury not otherwise ap-
which $30,000,000 shall be available to provide nate on September 30, 2021.
propriated, $1,150,000,000, to remain available
grants to the Commonwealth of Northern Mar- (e) FUNDING.—In addition to amounts other-
until September 30, 2023, with amounts to be ob-
iana Islands for such assistance.’’. wise made available, there is appropriated to the
ligated for each of fiscal years 2021, 2022, and
SEC. 1104. COMMODITY SUPPLEMENTAL FOOD Secretary, out of funds in the Treasury not oth-
2023, for the costs of State administrative ex-
PROGRAM. erwise appropriated, $490,000,000 to carry out
penses associated with carrying out this section
In addition to amounts otherwise made avail- this section, to remain available until September
and administering the supplemental nutrition
able, there is appropriated for fiscal year 2021, 30, 2022.
assistance program established under the Food
and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), out of any money in the Treasury not otherwise SEC. 1106. WIC PROGRAM MODERNIZATION.
of which— appropriated, $37,000,000, to remain available In addition to amounts otherwise available,
until September 30, 2022, for activities author- there are appropriated to the Secretary of Agri-
(1) $15,000,000 shall be for necessary expenses
ized by section 4(a) of the Agriculture and Con- culture, out of amounts in the Treasury not oth-
of the Secretary of Agriculture (in this section
sumer Protection Act of 1973 (7 U.S.C. 612c erwise appropriated, $390,000,000 for fiscal year
referred to as the ‘‘Secretary’’) for management
note). 2021, to remain available until September 30,
and oversight of the program; and
SEC. 1105. IMPROVEMENTS TO WIC BENEFITS. 2024, to carry out outreach, innovation, and
(2) $1,135,000,000 shall be for the Secretary to
(a) DEFINITIONS.—In this section: program modernization efforts, including appro-
make grants to each State agency for each of
(1) APPLICABLE PERIOD.—The term ‘‘applica- priate waivers and flexibility, to increase par-
fiscal years 2021 through 2023 as follows:
ble period’’ means a period— ticipation in and redemption of benefits under
(A) 75 percent of the amounts available shall (A) beginning after the date of enactment of programs established under section 17 of the
be allocated to States based on the share of each this Act, as selected by a State agency; and Child Nutrition Act of 1966 (7 U.S.C. 1431), ex-
State of households that participate in the sup- (B) ending not later than the earlier of— cept that such waivers may not relate to the
plemental nutrition assistance program as re- (i) 4 months after the date described in sub- content of the WIC Food Packages (as defined
ported to the Department of Agriculture for the paragraph (A); or in section 246.10(e) of title 7, Code of Federal
most recent 12-month period for which data are (ii) September 30, 2021. Regulations (as in effect on the date of enact-
available, adjusted by the Secretary (as of the (2) CASH-VALUE VOUCHER.—The term ‘‘cash- ment of this Act)), or the nondiscrimination re-
date of the enactment of this Act) for participa- value voucher’’ has the meaning given the term quirements under section 246.8 of title 7, Code of
tion in disaster programs under section 5(h) of in section 246.2 of title 7, Code of Federal Regu- Federal Regulations (as in effect on the date of
the Food and Nutrition Act of 2008 (7 U.S.C. lations (as in effect on the date of the enactment enactment of this Act).
2014(h)); and of this Act). SEC. 1107.
MEALS AND SUPPLEMENTS REIM-
(B) 25 percent of the amounts available shall (3) PROGRAM.—The term ‘‘program’’ means BURSEMENTS FOR INDIVIDUALS
be allocated to States based on the increase in the special supplemental nutrition program for WHO HAVE NOT ATTAINED THE AGE
the number of households that participate in the women, infants, and children established by sec- OF 25.
supplemental nutrition assistance program as tion 17 of the Child Nutrition Act of 1966 (42 (a) PROGRAM FOR AT-RISK SCHOOL CHIL-
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reported to the Department of Agriculture over U.S.C. 1786). DREN.—Beginning on the date of enactment of
the most recent 12-month period for which data (4) QUALIFIED FOOD PACKAGE.—The term this section, notwithstanding paragraph (1)(A)
are available, adjusted by the Secretary (as of ‘‘qualified food package’’ means each of the fol- of section 17(r) of the Richard B. Russell Na-
the date of the enactment of this Act) for par- lowing food packages (as defined in section tional School Lunch Act (42 U.S.C. 1766(r)),
ticipation in disaster programs under section 246.10(e) of title 7, Code of Federal Regulations during the COVID–19 public health emergency
5(h) of the Food and Nutrition Act of 2008 (7 (as in effect on the date of the enactment of this declared under section 319 of the Public Health
U.S.C. 2014(h)). Act)): Service Act (42 U.S.C. 247d), the Secretary shall
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1201
reimburse institutions that are emergency shel- TITLE II—COMMITTEE ON HEALTH, disabilities, English learners, racial and ethnic
ters under such section 17(r) (42 U.S.C. 1766(r)) EDUCATION, LABOR, AND PENSIONS minorities, students experiencing homelessness,
for meals and supplements served to individuals Subtitle A—Education Matters and foster care youth, including how outreach
who, at the time of such service— PART 1—DEPARTMENT OF EDUCATION and service delivery will meet the needs of each
(1) have not attained the age of 25; and population.
SEC. 2001. ELEMENTARY AND SECONDARY (G) Developing and implementing procedures
(2) are receiving assistance, including non-res- SCHOOL EMERGENCY RELIEF FUND.
idential assistance, from such emergency shel- and systems to improve the preparedness and re-
(a) IN GENERAL.—In addition to amounts oth- sponse efforts of local educational agencies.
ter. erwise available through the Education Sta- (H) Training and professional development for
(b) PARTICIPATION BY EMERGENCY SHEL- bilization Fund, there is appropriated to the De- staff of the local educational agency on sanita-
TERS.—Beginning on the date of enactment of partment of Education for fiscal year 2021, out tion and minimizing the spread of infectious dis-
this section, notwithstanding paragraph (5)(A) of any money in the Treasury not otherwise ap- eases.
of section 17(t) of the Richard B. Russell Na- propriated, $122,774,800,000, to remain available (I) Purchasing supplies to sanitize and clean
tional School Lunch Act (42 U.S.C. 1766(t)), dur- through September 30, 2023, to carry out this the facilities of a local educational agency, in-
ing the COVID–19 public health emergency de- section. cluding buildings operated by such agency.
clared under section 319 of the Public Health (b) GRANTS.—From funds provided under sub- (J) Planning for, coordinating, and imple-
Service Act (42 U.S.C. 247d), the Secretary shall section (a), the Secretary shall— menting activities during long-term closures, in-
reimburse emergency shelters under such section (1) use $800,000,000 for the purposes of identi- cluding providing meals to eligible students, pro-
17(t) (42 U.S.C. 1766(t)) for meals and supple- fying homeless children and youth and pro- viding technology for online learning to all stu-
ments served to individuals who, at the time of viding homeless children and youth with— dents, providing guidance for carrying out re-
such service have not attained the age of 25. (A) wrap-around services in light of the chal- quirements under the Individuals with Disabil-
(c) DEFINITIONS.—In this section: lenges of COVID–19; and ities Education Act and ensuring other edu-
(1) EMERGENCY SHELTER.—The term ‘‘emer- (B) assistance needed to enable homeless chil- cational services can continue to be provided
gency shelter’’ has the meaning given the term dren and youth to attend school and participate consistent with all Federal, State, and local re-
under section 17(t)(1) of the Richard B. Russell fully in school activities; and quirements.
National School Lunch Act (42 U.S.C. (2) from the remaining amounts, make grants (K) Purchasing educational technology (in-
1766(t)(1)). to each State educational agency in accordance cluding hardware, software, and connectivity)
with this section. for students who are served by the local edu-
(2) SECRETARY.—The term ‘‘Secretary’’ means
(c) ALLOCATIONS TO STATES.—The amount of cational agency that aids in regular and sub-
the Secretary of Agriculture.
each grant under subsection (b) shall be allo- stantive educational interaction between stu-
SEC. 1108. PANDEMIC EBT PROGRAM. cated by the Secretary to each State in the same dents and their classroom instructors, including
Section 1101 of the Families First Coronavirus proportion as each State received under part A low-income students and children with disabil-
Response Act (7 U.S.C. 2011 note; Public Law of title I of the Elementary and Secondary Edu- ities, which may include assistive technology or
116–127) is amended— cation Act of 1965 in the most recent fiscal year. adaptive equipment.
(1) in subsection (a)— (d) SUBGRANTS TO LOCAL EDUCATIONAL AGEN- (L) Providing mental health services and sup-
(A) by striking ‘‘During fiscal years 2020 and CIES.— ports, including through the implementation of
2021’’ and inserting ‘‘In any school year in (1) IN GENERAL.—Each State shall allocate not evidence-based full-service community schools.
which there is a public health emergency des- less than 90 percent of the grant funds awarded (M) Planning and implementing activities re-
ignation’’; and to the State under this section as subgrants to lated to summer learning and supplemental
(B) by inserting ‘‘or in a covered summer pe- local educational agencies (including charter afterschool programs, including providing class-
riod following a school session’’ after ‘‘in ses- schools that are local educational agencies) in room instruction or online learning during the
sion’’; the State in proportion to the amount of funds summer months and addressing the needs of
(2) in subsection (g), by striking ‘‘During fis- such local educational agencies and charter low-income students, children with disabilities,
cal year 2020, the’’ and inserting ‘‘The’’; schools that are local educational agencies re- English learners, migrant students, students ex-
ceived under part A of title I of the Elementary periencing homelessness, and children in foster
(3) in subsection (h)(1)—
and Secondary Education Act of 1965 in the care.
(A) by inserting ‘‘either’’ after ‘‘at least 1 most recent fiscal year.
child enrolled in such a covered child care facil- (N) Addressing learning loss among students,
(2) AVAILABILITY OF FUNDS.—Each State shall including low-income students, children with
ity and’’; and make allocations under paragraph (1) to local disabilities, English learners, racial and ethnic
(B) by inserting ‘‘or a Department of Agri- educational agencies in an expedited and timely minorities, students experiencing homelessness,
culture grant-funded nutrition assistance pro- manner and, to the extent practicable, not later and children and youth in foster care, of the
gram in the Commonwealth of the Northern than 60 days after the receipt of such funds. local educational agency, including by—
Mariana Islands, Puerto Rico, or American (e) USES OF FUNDS.—A local educational (i) administering and using high-quality as-
Samoa’’ before ‘‘shall be eligible to receive as- agency that receives funds under this section— sessments that are valid and reliable, to accu-
sistance’’; (1) shall reserve not less than 20 percent of rately assess students’ academic progress and
(4) by redesignating subsections (i) and (j) as such funds to address learning loss through the assist educators in meeting students’ academic
subsections (j) and (k), respectively; implementation of evidence-based interventions, needs, including through differentiating in-
(5) by inserting after subsection (h) the fol- such as summer learning or summer enrichment, struction;
lowing: extended day, comprehensive afterschool pro- (ii) implementing evidence-based activities to
‘‘(i) EMERGENCIES DURING SUMMER.—The Sec- grams, or extended school year programs, and meet the comprehensive needs of students;
retary of Agriculture may permit a State agency ensure that such interventions respond to stu- (iii) providing information and assistance to
to extend a State agency plan approved under dents’ academic, social, and emotional needs parents and families on how they can effectively
subsection (b) for not more than 90 days for the and address the disproportionate impact of the support students, including in a distance learn-
purpose of operating the plan during a covered coronavirus on the student subgroups described ing environment; and
summer period, during which time schools par- in section 1111(b)(2)(B)(xi) of the Elementary (iv) tracking student attendance and improv-
ticipating in the school lunch program under and Secondary Education Act of 1965 (20 U.S.C. ing student engagement in distance education.
the Richard B. Russell National School Lunch 6311(b)(2)(B)(xi)), students experiencing home- (O) School facility repairs and improvements
Act or the school breakfast program under sec- lessness, and children and youth in foster care; to enable operation of schools to reduce risk of
tion 4 of the Child Nutrition Act of 1966 (42 and virus transmission and exposure to environ-
U.S.C. 1773 ) and covered child care facilities (2) shall use the remaining funds for any of mental health hazards, and to support student
shall be deemed closed for purposes of this sec- the following: health needs.
tion.’’; (A) Any activity authorized by the Elemen- (P) Inspection, testing, maintenance, repair,
(6) in subsection (j) (as so redesignated)— tary and Secondary Education Act of 1965. replacement, and upgrade projects to improve
(B) Any activity authorized by the Individ- the indoor air quality in school facilities, in-
(A) by redesignating paragraphs (2) through
uals with Disabilities Education Act. cluding mechanical and non-mechanical heat-
(6) as paragraphs (3) through (7), respectively;
(C) Any activity authorized by the Adult Edu- ing, ventilation, and air conditioning systems,
(B) by inserting after paragraph (1) the fol- cation and Family Literacy Act. filtering, purification and other air cleaning,
lowing: (D) Any activity authorized by the Carl D. fans, control systems, and window and door re-
‘‘(2) COVERED SUMMER PERIOD.—The term Perkins Career and Technical Education Act of pair and replacement.
‘covered summer period’ means a summer period 2006. (Q) Developing strategies and implementing
that follows a school year during which there (E) Coordination of preparedness and re- public health protocols including, to the greatest
was a public health emergency designation.’’; sponse efforts of local educational agencies with extent practicable, policies in line with guidance
and
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State, local, Tribal, and territorial public health from the Centers for Disease Control and Pre-
(C) in paragraph (5) (as so redesignated), by departments, and other relevant agencies, to im- vention for the reopening and operation of
striking ‘‘or another coronavirus with pandemic prove coordinated responses among such entities school facilities to effectively maintain the
potential’’; and to prevent, prepare for, and respond to health and safety of students, educators, and
(7) in subsection (k) (as so redesignated), by coronavirus. other staff.
inserting ‘‘Federal agencies,’’ before ‘‘State (F) Activities to address the unique needs of (R) Other activities that are necessary to
agencies’’. low-income children or students, children with maintain the operation of and continuity of
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H1202 CONGRESSIONAL RECORD — HOUSE March 10, 2021
services in local educational agencies and con- cational agency’s website, not later than 30 ployment of a family member or independent
tinuing to employ existing staff of the local edu- days after receiving the allocation of funds de- student, or other circumstances, described in
cational agency. scribed in paragraph (d)(1), a plan for the safe section 479A of the Higher Education Act of 1965
(f) STATE FUNDING.—With funds not otherwise return to in-person instruction and continuity (20 U.S.C. 1087tt);
allocated under subsection (d), a State— of services. (6) the following shall not apply to funds pro-
(1) shall reserve not less than 5 percent of the (2) COMMENT PERIOD.—Before making the vided or received in accordance with this sec-
total amount of grant funds awarded to the plan described in paragraph (1) publicly avail- tion—
State under this section to carry out, directly or able, the local educational agency shall seek (A) subsection (b) of such section 314;
through grants or contracts, activities to ad- public comment on the plan and take such com- (B) paragraph (2) of subsection (c) of such
dress learning loss by supporting the implemen- ments into account in the development of the section 314;
tation of evidence-based interventions, such as plan. (C) paragraphs (1), (2), (4), (5), (6), and (8) of
summer learning or summer enrichment, ex- (3) PREVIOUS PLANS.—If a local educational subsection (d) of such section 314;
tended day, comprehensive afterschool pro- agency has developed a plan for the safe return (D) subsections (e) and (f) of such section 314;
grams, or extended school year programs, and to in-person instruction before the date of enact- and
ensure that such interventions respond to stu- ment of this Act that meets the requirements de- (E) section 316 of the Coronavirus Response
dents’ academic, social, and emotional needs scribed in paragraphs (1) and (2), such plan and Relief Supplemental Appropriations Act,
and address the disproportionate impact of the shall be deemed to satisfy the requirements 2021 (division M of Public Law 116–260); and
coronavirus on the student subgroups described under this subsection. (7) an institution that receives an allocation
in section 1111(b)(2)(B)(xi) of the Elementary under this section apportioned in accordance
SEC. 2002. EMERGENCY ASSISTANCE TO NON-PUB-
and Secondary Education Act of 1965 (20 U.S.C. LIC SCHOOLS. with subparagraphs (A) through (D) of sub-
6311(b)(2)(B)(xi)), students experiencing home- section (a)(1) of such section 314 shall use not
(a) IN GENERAL.—In addition to amounts oth-
lessness, and children and youth in foster care, less than 50 percent of such allocation to pro-
erwise available through the Emergency Assist-
including by providing additional support to vide emergency financial aid grants to students
ance to Non-Public Schools Program, there is
local educational agencies to fully address such in accordance with subsection (c)(3) of such sec-
appropriated to the Department of Education
impacts; tion 314.
for fiscal year 2021, out of any money in the
(2) shall reserve not less than 1 percent of the SEC. 2004. MAINTENANCE OF EFFORT AND MAIN-
Treasury not otherwise appropriated,
total amount of grant funds awarded to the TENANCE OF EQUITY.
$2,750,000,000, to remain available through Sep-
State under this section to carry out, directly or (a) STATE MAINTENANCE OF EFFORT.—
tember 30, 2023, for making allocations to Gov-
through grants or contracts, the implementation (1) IN GENERAL.—As a condition of receiving
ernors under the Emergency Assistance to Non-
of evidence-based summer enrichment programs, funds under section 2001, a State shall maintain
Public Schools Program to provide services or
and ensure such programs respond to students’ support for elementary and secondary edu-
assistance to non-public schools that enroll a
academic, social, and emotional needs and ad- cation, and for higher education (which shall
significant percentage of low-income students
dress the disproportionate impact of the include State funding to institutions of higher
and are most impacted by the qualifying emer-
coronavirus on the student populations de- education and State need-based financial aid,
gency.
scribed in section 1111(b)(2)(B)(xi) of the Ele- and shall not include support for capital
(b) LIMITATIONS.—Funds provided under sub-
mentary and Secondary Education Act of 1965 projects or for research and development or tui-
section (a) shall not be used to provide reim-
(20 U.S.C. 6311(b)(2)(B)(xi)), students experi- tion and fees paid by students), in each of fiscal
bursements to any non-public school.
encing homelessness, and children and youth in years 2022 and 2023 at least at the proportional
SEC. 2003. HIGHER EDUCATION EMERGENCY RE-
foster care; levels of such State’s support for elementary and
LIEF FUND.
(3) shall reserve not less than 1 percent of the secondary education and for higher education
In addition to amounts otherwise available, relative to such State’s overall spending, aver-
total amount of grant funds awarded to the
there is appropriated to the Department of Edu- aged over fiscal years 2017, 2018, and 2019.
State under this section to carry out, directly or
cation for fiscal year 2021, out of any money in (2) WAIVER.—For the purpose of relieving fis-
through grants or contracts, the implementation
the Treasury not otherwise appropriated, cal burdens incurred by States in preventing,
of evidence-based comprehensive afterschool
$39,584,570,000, to remain available through Sep- preparing for, and responding to the
programs, and ensure such programs respond to
tember 30, 2023, for making allocations to insti- coronavirus, the Secretary of Education may
students’ academic, social, and emotional needs
tutions of higher education in accordance with waive any maintenance of effort requirements
and address the disproportionate impact of the
the same terms and conditions of section 314 of associated with the Education Stabilization
coronavirus on the student populations de-
the Coronavirus Response and Relief Supple- Fund.
scribed in section 1111(b)(2)(B)(xi) of the Ele-
mental Appropriations Act, 2021 (division M of (b) STATE MAINTENANCE OF EQUITY.—
mentary and Secondary Education Act of 1965
Public Law 116–260), except that— (1) HIGH-NEED LOCAL EDUCATIONAL AGEN-
(20 U.S.C. 6311(b)(2)(B)(xi)), students experi-
(1) subsection (a)(1) of such section 314 shall CIES.—As a condition of receiving funds under
encing homelessness, and children and youth in
be applied by substituting ‘‘91 percent’’ for ‘‘89 section 2001, a State educational agency shall
foster care; and
percent’’; not, in fiscal year 2022 or 2023, reduce State
(4) may reserve not more than one-half of 1
(2) subsection (a)(2) of such section 314 shall funding (as calculated on a per-pupil basis) for
percent of the total amount of grant funds
be applied— any high-need local educational agency in the
awarded to the State under this section for ad-
(A) in the matter preceding subparagraph (A), State by an amount that exceeds the overall per-
ministrative costs and the remainder for emer-
by substituting ‘‘under the heading ‘Higher pupil reduction in State funds, if any, across all
gency needs as determined by the State edu-
Education’ in the Department of Education Ap- local educational agencies in such State in such
cational agency to address issues responding to
propriations Act, 2020’’ for ‘‘in the Further Con- fiscal year.
coronavirus, which may be addressed through
solidated Appropriations Act, 2020 (Public Law (2) HIGHEST POVERTY LOCAL EDUCATIONAL
the use of grants or contracts.
(g) REALLOCATION.—A State shall return to 116–94)’’; and AGENCIES.—Notwithstanding paragraph (1), as a
the Secretary any funds received under this sec- (B) in subparagraph (B), by substituting condition of receiving funds under section 2001,
tion that the State does not award within 1 year ‘‘under the heading ‘Higher Education’ in the a State educational agency shall not, in fiscal
of receiving such funds and the Secretary shall Department of Education Appropriations Act, year 2022 or 2023, reduce State funding (as cal-
reallocate such funds to the remaining States in 2020’’ for ‘‘in the Further Consolidated Appro- culated on a per-pupil basis) for any highest
accordance with subsection (c). priations Act, 2020 (Public Law 116–94)’’; poverty local educational agency below the level
(h) DEFINITIONS.—In this section— (3) an institution that receives an allocation of funding (as calculated on a per-pupil basis)
(1) the terms ‘‘child’’, ‘‘children with disabil- apportioned in accordance with clause (iii) of provided to each such local educational agency
ities’’, ‘‘distance education’’, ‘‘elementary subsection (a)(2)(A) of such section 314 that has in fiscal year 2019.
school’’, ‘‘English learner’’, ‘‘evidence-based’’, a total endowment size of less than $1,000,000 (c) LOCAL EDUCATIONAL AGENCY MAINTE-
‘‘secondary school’’, ‘‘local educational agen- (including an institution that does not have an NANCE OF EQUITY FOR HIGH-POVERTY
cy’’, ‘‘parent’’, ‘‘Secretary’’, ‘‘State educational endowment) shall be treated by the Secretary as SCHOOLS.—
agency’’, and ‘‘technology’’ have the meanings having a total endowment size of $1,000,000 for (1) IN GENERAL.—As a condition of receiving
given those terms in section 8101 of the Elemen- the purposes of such clause (iii); funds under section 2001, a local educational
tary and Secondary Education Act of 1965 (20 (4) subsection (a)(4) of such section 314 shall agency shall not, in fiscal year 2022 or 2023—
U.S.C. 7801); be applied by substituting ‘‘1 percent’’ for ‘‘3 (A) reduce per-pupil funding (from combined
(2) the term ‘‘full-service community school’’ percent’’; State and local funding) for any high-poverty
has the meaning given that term in section (5) except as provided in paragraphs (7) and school served by such local educational agency
4622(2) of the Elementary and Secondary Edu- (9) of subsection (d) of such section 314, an in- by an amount that exceeds—
cation Act of 1965 (20 U.S.C. 7272(2)); and stitution shall use a portion of funds received (i) the total reduction in local educational
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(3) the term ‘‘State’’ means each of the 50 under this section to— agency funding (from combined State and local
States, the District of Columbia, and the Com- (A) implement evidence-based practices to funding) for all schools served by the local edu-
monwealth of Puerto Rico. monitor and suppress coronavirus in accordance cational agency in such fiscal year (if any); di-
(i) SAFE RETURN TO IN-PERSON INSTRUCTION.— with public health guidelines; and vided by
(1) IN GENERAL.—A local educational agency (B) conduct direct outreach to financial aid (ii) the number of children enrolled in all
receiving funds under this section shall develop applicants about the opportunity to receive a fi- schools served by the local educational agency
and make publicly available on the local edu- nancial aid adjustment due to the recent unem- in such fiscal year; or
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1203
(B) reduce per-pupil, full-time equivalent staff (B) the aggregate number of children enrolled cation for fiscal year 2021, out of any money in
in any high-poverty school by an amount that in all schools served by all local educational the Treasury not otherwise appropriated,
exceeds— agencies in the State in the fiscal year for which $100,000,000, to remain available through Sep-
(i) the total reduction in full-time equivalent the determination is being made. tember 30, 2023, for the Institute of Education
staff in all schools served by such local edu- (6) STATE.—The term ‘‘State’’ means each of Sciences to carry out research related to ad-
cational agency in such fiscal year (if any); di- the 50 States, the District of Columbia, and the dressing learning loss caused by the coronavirus
vided by Commonwealth of Puerto Rico. among the student subgroups described in sec-
(ii) the number of children enrolled in all SEC. 2005. OUTLYING AREAS. tion 1111(b)(2)(B)(xi) of the Elementary and Sec-
schools served by the local educational agency In addition to amounts otherwise available, ondary Education Act of 1965 (20 U.S.C.
in such fiscal year. there is appropriated to the Department of Edu- 6311(b)(2)(B)(xi)) and students experiencing
(2) EXCEPTION.—Paragraph (1) shall not cation for fiscal year 2021, out of any money in homelessness and children and youth in foster
apply to a local educational agency in fiscal the Treasury not otherwise appropriated, care, and to disseminate such findings to State
year 2022 or 2023 that meets at least 1 of the fol- $850,000,000, to remain available through Sep- educational agencies and local educational
lowing criteria in such fiscal year: tember 30, 2023, for the Secretary of Education agencies and other appropriate entities.
(A) Such local educational agency has a total to allocate awards to the outlying areas on the SEC. 2011. PROGRAM ADMINISTRATION.
enrollment of less than 1,000 students. basis of their respective needs, as determined by In addition to amounts otherwise available,
(B) Such local educational agency operates a the Secretary, to be allocated not more than 30 there is appropriated to the Department of Edu-
single school. calendar days after the date of enactment of
(C) Such local educational agency serves all cation for fiscal year 2021, out of any money in
this Act. the Treasury not otherwise appropriated,
students within each grade span with a single SEC. 2006. GALLAUDET UNIVERSITY.
school. $15,000,000, to remain available through Sep-
In addition to amounts otherwise available, tember 30, 2024, for Program Administration
(D) Such local educational agency dem- there is appropriated to the Department of Edu-
onstrates an exceptional or uncontrollable cir- within the Department of Education to prevent,
cation for fiscal year 2021, out of any money in prepare for, and respond to coronavirus, and for
cumstance, such as unpredictable changes in the Treasury not otherwise appropriated,
student enrollment or a precipitous decline in salaries and expenses necessary to implement
$19,250,000, to remain available through Sep- this part.
the financial resources of such agency, as deter- tember 30, 2023, for the Kendall Demonstration
mined by the Secretary of Education. SEC. 2012. OFFICE OF INSPECTOR GENERAL.
Elementary School, the Model Secondary School In addition to amounts otherwise available,
(d) DEFINITIONS.—In this section: for the Deaf, and Gallaudet University to pre-
(1) ELEMENTARY EDUCATION; SECONDARY EDU- there is appropriated to the Department of Edu-
vent, prepare for, and respond to coronavirus,
CATION.—The terms ‘‘elementary education’’ cation for fiscal year 2021, out of any money in
including to defray expenses associated with
and ‘‘secondary education’’ have the meaning the Treasury not otherwise appropriated,
coronavirus (including lost revenue, reimburse-
given such terms under State law. $5,000,000, to remain available until expended,
ment for expenses already incurred, technology
(2) HIGHEST POVERTY LOCAL EDUCATIONAL for the Office of Inspector General of the De-
costs associated with a transition to distance
AGENCY.—The term ‘‘highest poverty local edu- partment of Education, for salaries and ex-
education, faculty and staff trainings, and pay-
cational agency’’ means a local educational penses necessary for oversight, investigations,
roll) and to provide financial aid grants to stu-
agency that is among the group of local edu- and audits of programs, grants, and projects
dents, which may be used for any component of
cational agencies in the State that— funded under this part carried out by the Office
(A) in rank order, have the highest percent- the student’s cost of attendance.
of Inspector General.
SEC. 2007. STUDENT AID ADMINISTRATION.
ages of economically disadvantaged students in SEC. 2013. MODIFICATION OF REVENUE REQUIRE-
the State, on the basis of the most recent satis- In addition to amounts otherwise available,
MENTS FOR PROPRIETARY INSTITU-
factory data available from the Department of there is appropriated to the Department of Edu- TIONS OF HIGHER EDUCATION.
Commerce (or, for local educational agencies for cation for fiscal year 2021, out of any money in (a) IN GENERAL.—Section 487(a)(24) of the
which no such data are available, such other the Treasury not otherwise appropriated, Higher Education Act of 1965 (20 U.S.C.
data as the Secretary of Education determines $91,130,000, to remain available through Sep- 1094(a)(24)) is amended by striking ‘‘funds pro-
tember 30, 2023, for Student Aid Administration vided under this title’’ and inserting ‘‘Federal
are satisfactory); and
(B) collectively serve not less than 20 percent within the Department of Education to prevent,
funds that are disbursed or delivered to or on
of the State’s total enrollment of students served prepare for, and respond to coronavirus includ-
behalf of a student to be used to attend such in-
by all local educational agencies in the State. ing direct outreach to students and borrowers
stitution (referred to in this paragraph and sub-
(3) HIGH-NEED LOCAL EDUCATIONAL AGENCY.— about financial aid, economic impact payments,
section (d) as ‘Federal education assistance
The term ‘‘high-need local educational agency’’ means-tested benefits, unemployment assistance,
funds’)’’.
means a local educational agency that is among and tax benefits, for which the students and (b) IMPLEMENTATION OF NON-FEDERAL REV-
the group of local educational agencies in the borrowers may be eligible. ENUE REQUIREMENT.—Section 487(d) of the
State that— SEC. 2008. HOWARD UNIVERSITY.
Higher Education Act of 1965 (20 U.S.C. 1094(d))
(A) in rank order, have the highest percent- In addition to amounts otherwise available, is amended—
ages of economically disadvantaged students in there is appropriated to the Department of Edu- (1) in the subsection heading, by striking
the State, on the basis of the most recent satis- cation for fiscal year 2021, out of any money in ‘‘Non-title IV’’ and inserting ‘‘Non-Federal’’;
factory data available from the Department of the Treasury not otherwise appropriated, and
Commerce (or, for local educational agencies for $35,000,000, to remain available through Sep- (2) in paragraph (1)(C), by striking ‘‘funds for
which no such data are available, such other tember 30, 2023, for Howard University to pre- a program under this title’’ and inserting ‘‘Fed-
data as the Secretary of Education determines vent, prepare for, and respond to coronavirus, eral education assistance funds’’.
are satisfactory); and including to defray expenses associated with (c) EFFECTIVE DATE.—The amendments made
(B) collectively serve not less than 50 percent coronavirus (including lost revenue, reimburse- under this section shall—
of the State’s total enrollment of students served ment for expenses already incurred, technology (1) be subject to the master calendar require-
by all local educational agencies in the State. costs associated with a transition to distance ments under section 482 of the Higher Education
(4) HIGH-POVERTY SCHOOL.— education, faculty and staff trainings, and pay- Act of 1965 (20 U.S.C. 1089) and the public in-
(A) IN GENERAL.—The term ‘‘high-poverty roll) and to provide financial aid grants to stu- volvement and negotiated rulemaking require-
school’’ means, with respect to a school served dents, which may be used for any component of ments under section 492 of the Higher Education
by a local educational agency, a school that is the student’s cost of attendance. Act of 1965 (20 U.S.C. 1098a), except that such
in the highest quartile of schools served by such SEC. 2009. NATIONAL TECHNICAL INSTITUTE FOR negotiated rulemaking shall commence not ear-
local educational agency based on the percent- THE DEAF.
lier than October 1, 2021; and
age of economically disadvantaged students In addition to amounts otherwise available, (2) apply to institutional fiscal years begin-
served, as determined by the State in accordance there is appropriated to the Department of Edu- ning on or after January 1, 2023.
with subparagraph (B). cation for fiscal year 2021, out of any money in SEC. 2014. FUNDING FOR THE INDIVIDUALS WITH
(B) DETERMINATION.—In making the deter- the Treasury not otherwise appropriated, DISABILITIES EDUCATION ACT.
mination under subparagraph (A), a State shall $19,250,000, to remain available through Sep- (a) AMOUNTS FOR IDEA.—There is appro-
select a measure of poverty established for the tember 30, 2023, for the National Technical In- priated to the Secretary of Education for fiscal
purposes of this paragraph by the Secretary of stitute for the Deaf to prevent, prepare for, and year 2021, out of any money in the Treasury not
Education and apply such measure consistently respond to coronavirus, including to defray ex- otherwise appropriated—
to all schools in the State. penses associated with coronavirus (including (1) $2,580,000,000 for grants to States under
(5) OVERALL PER-PUPIL REDUCTION IN STATE lost revenue, reimbursement for expenses al- part B of the Individuals with Disabilities Edu-
FUNDS.—The term ‘‘overall per-pupil reduction ready incurred, technology costs associated with cation Act;
in State funds’’ means, with respect to a fiscal a transition to distance education, faculty and (2) $200,000,000 for preschool grants under sec-
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year— staff training, and payroll) and to provide fi- tion 619 of the Individuals with Disabilities
(A) the amount of any reduction in the total nancial aid grants to students, which may be Education Act; and
amount of State funds provided to all local edu- used for any component of the student’s cost of (3) $250,000,000 for programs for infants and
cational agencies in the State in such fiscal year attendance. toddlers with disabilities under part C of the In-
compared to the total amount of such funds pro- SEC. 2010. INSTITUTE OF EDUCATION SCIENCES. dividuals with Disabilities Education Act.
vided to all local educational agencies in the In addition to amounts otherwise available, (b) GENERAL PROVISIONS.—Any amount ap-
State in the previous fiscal year; divided by there is appropriated to the Department of Edu- propriated under subsection (a) is in addition to
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H1204 CONGRESSIONAL RECORD — HOUSE March 10, 2021
other amounts appropriated or made available activities, and for the Office of Inspector Gen- through September 30, 2021, for grants under
for the applicable purpose. eral for oversight of the Secretary’s activities to this section in accordance with the Child Care
PART 2—MISCELLANEOUS prevent, prepare for, and respond to COVID–19. and Development Block Grant Act of 1990.
(b) ALLOCATION OF AMOUNTS.—Amounts ap- (c) GRANTS.—From the amounts appropriated
SEC. 2021. NATIONAL ENDOWMENT FOR THE
ARTS.
propriated under subsection (a) shall be allo- to carry out this section and under the author-
cated as follows: ity of section 658O of the Child Care and Devel-
In addition to amounts otherwise available, (1) Not less than $100,000,000 shall be for the opment Block Grant Act of 1990 (42 U.S.C.
there is appropriated for fiscal year 2021, out of Occupational Safety and Health Administra- 9858m) and this section, the Secretary shall
any money in the Treasury not otherwise appro- tion, of which $10,000,000 shall be for Susan award to each lead agency a child care sta-
priated, $135,000,000, to remain available until Harwood training grants and not less than bilization grant, without regard to the require-
expended, under the National Foundation on $5,000,000 shall be for enforcement activities re- ments in subparagraphs (C) and (E) of section
the Arts and the Humanities Act of 1965, as fol- lated to COVID–19 at high risk workplaces in- 658E(c)(3), and in section 658G, of the Child
lows: cluding health care, meat and poultry proc- Care and Development Block Grant Act of 1990
(1) Forty percent shall be for grants, and rel- essing facilities, agricultural workplaces and (42 U.S.C. 9858c(c)(3), 9858e). Such grant shall
evant administrative expenses, to State arts correctional facilities. be allotted in accordance with section 658O of
agencies and regional arts organizations that (2) $12,500,000 shall be for the Office of Inspec- the Child Care and Development Block Grant
support organizations’ programming and gen- tor General. Act of 1990 (42 U.S.C. 9858m).
eral operating expenses to cover up to 100 per- (d) STATE RESERVATIONS AND SUBGRANTS.—
cent of the costs of the programs which the Subtitle C—Human Services and Community
Supports (1) RESERVATION.—A lead agency for a State
grants support, to prevent, prepare for, respond that receives a child care stabilization grant
to, and recover from the coronavirus. SEC. 2201.
CHILD CARE AND DEVELOPMENT
BLOCK GRANT PROGRAM.
pursuant to subsection (c) shall reserve not more
(2) Sixty percent shall be for direct grants, than 10 percent of such grant funds to admin-
and relevant administrative expenses, that sup- (a) CHILD CARE AND DEVELOPMENT BLOCK
ister subgrants, provide technical assistance and
port organizations’ programming and general GRANT FUNDING.—In addition to amounts other-
support for applying for and accessing the
operating expenses to cover up to 100 percent of wise available, there is appropriated for fiscal
subgrant opportunity, publicize the availability
the costs of the programs which the grants sup- year 2021, out of any amounts in the Treasury
of the subgrants, carry out activities to increase
port, to prevent, prepare for, respond to, and re- not otherwise appropriated, $14,990,000,000, to
the supply of child care, and provide technical
cover from the coronavirus. remain available through September 30, 2021, to
assistance to help child care providers imple-
SEC. 2022. NATIONAL ENDOWMENT FOR THE HU- carry out the program authorized under section
ment policies as described in paragraph
MANITIES. 658C of the Child Care and Development Block
(2)(D)(i).
In addition to amounts otherwise available, Grant Act of 1990 (42 U.S.C. 9858a) without re-
(2) SUBGRANTS TO QUALIFIED CHILD CARE PRO-
there is appropriated for fiscal year 2021, out of gard to requirements in sections 658E(c)(3)(E) or
VIDERS.—
any money in the Treasury not otherwise appro- 658G of such Act (42 U.S.C. 9858c(c)(3)(E), (A) IN GENERAL.—The lead agency shall use
priated, $135,000,000, to remain available until 9858e). Payments made to States, territories, In- the remainder of the grant funds awarded pur-
expended, under the National Foundation on dian Tribes, and Tribal organizations from suant to subsection (c) to make subgrants to
the Arts and the Humanities Act of 1965, as fol- funds made available under this subsection qualified child care providers described in sub-
lows: shall be obligated in fiscal year 2021 or the suc- paragraph (B), regardless of such a provider’s
(1) Forty percent shall be for grants, and rel- ceeding 2 fiscal years. States, territories, Indian previous receipt of other Federal assistance, to
evant administrative expenses, to State human- Tribes, and Tribal organizations are authorized support the stability of the child care sector dur-
ities councils that support humanities organiza- to use such funds to provide child care assist- ing and after the COVID–19 public health emer-
tions’ programming and general operating ex- ance to health care sector employees, emergency gency.
penses to cover up to 100 percent of the costs of responders, sanitation workers, and other work- (B) QUALIFIED CHILD CARE PROVIDER.—To be
the programs which the grants support, to pre- ers deemed essential during the response to qualified to receive a subgrant under this para-
vent, prepare for, respond to, and recover from coronavirus by public officials, without regard graph, a provider shall be an eligible child care
the coronavirus. to the income eligibility requirements of section provider that on the date of submission of an
(2) Sixty percent shall be for direct grants, 658P(4) of the Child Care and Development application for the subgrant, was either—
and relevant administrative expenses, that sup- Block Grant Act (42 U.S.C. 9858n(4)). (i) open and available to provide child care
port humanities organizations’ programming (b) ADMINISTRATIVE COSTS.—In addition to services; or
and general operating expenses to cover up to amounts otherwise available, there is appro- (ii) closed due to public health, financial
100 percent of the costs of the programs which priated for fiscal year 2021, out of any amounts hardship, or other reasons relating to the
the grants support, to prevent, prepare for, re- in the Treasury not otherwise appropriated, COVID–19 public health emergency.
spond to, and recover from the coronavirus. $35,000,000, to remain available through Sep- (C) SUBGRANT AMOUNT.—The amount of such
tember 30, 2025, for the costs of providing tech- a subgrant to a qualified child care provider
SEC. 2023. INSTITUTE OF MUSEUM AND LIBRARY
SERVICES.
nical assistance and conducting research and shall be based on the provider’s stated current
for the administrative costs to carry out this sec- operating expenses, including costs associated
In addition to amounts otherwise available,
tion and section 2202 of this subtitle. with providing or preparing to provide child
there is appropriated to the Institute of Museum
(c) SUPPLEMENT NOT SUPPLANT.—Amounts care services during the COVID–19 public health
and Library Services for fiscal year 2021, out of
made available to carry out this section shall be emergency, and to the extent practicable, cover
any money in the Treasury not otherwise appro-
used to supplement and not supplant other Fed- sufficient operating expenses to ensure contin-
priated, $200,000,000, to remain available until
eral, State, and local public funds expended to uous operations for the intended period of the
expended, for necessary expenses to carry out
provide child care services for eligible individ- subgrant.
museum and library services. The Director of the
uals. (D) APPLICATION.—The lead agency shall—
Institute of Museum and Library Services shall
award not less than 89 percent of such funds to
SEC. 2202. CHILD CARE STABILIZATION. (i) make available on the lead agency’s
State library administrative agencies by apply- (a) DEFINITIONS.—In this section: website an application for qualified child care
ing the formula in section 221(b) of the Museum (1) COVID–19 PUBLIC HEALTH EMERGENCY.— providers that includes certifications that, for
and Library Services Act, except that— The term ‘‘COVID–19 public health emergency’’ the duration of the subgrant—
means the public health emergency declared by (I) the provider applying will, when open and
(1) section 221(b)(3)(A) of such Act shall be
the Secretary of Health and Human Services available to provide child care services, imple-
applied by substituting ‘‘$2,000,000’’ for
under section 319 of the Public Health Service ment policies in line with guidance from the cor-
‘‘$680,000’’ and by substituting ‘‘$200,000’’ for
Act (42 U.S.C. 247d) on January 31, 2020, with responding State, Tribal, and local authorities,
‘‘$60,000’’; and
respect to COVID–19, including any renewal of and in accordance with State, Tribal, and local
(2) section 221(b)(3)(C) and subsections (b)
the declaration. orders, and, to the greatest extent possible, im-
and (c) of section 223 of such Act shall not
(2) ELIGIBLE CHILD CARE PROVIDER.—The term plement policies in line with guidance from the
apply to funds provided under this section.
‘‘eligible child care provider’’ means— Centers for Disease Control and Prevention;
Subtitle B—Labor Matters (A) an eligible child care provider as defined (II) for each employee, the provider will pay
SEC. 2101. FUNDING FOR DEPARTMENT OF LABOR in section 658P of the Child Care and Develop- not less than the full compensation, including
WORKER PROTECTION ACTIVITIES. ment Block Grant Act of 1990 (42 U.S.C. 9858n); any benefits, that was provided to the employee
(a) APPROPRIATION.—In addition to amounts or as of the date of submission of the application
otherwise made available, out of any funds in (B) a child care provider that is licensed, reg- for the subgrant (referred to in this subclause as
the Treasury not otherwise appropriated, there ulated, or registered in the State, territory, or ‘‘full compensation’’), and will not take any ac-
are appropriated to the Secretary of Labor for Indian Tribe on the date of enactment of this tion that reduces the weekly amount of the em-
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fiscal year 2021, $200,000,000, to remain available Act and meets applicable State and local health ployee’s compensation below the weekly amount
until September 30, 2023, for the Wage and Hour and safety requirements. of full compensation, or that reduces the em-
Division, the Office of Workers’ Compensation (b) CHILD CARE STABILIZATION FUNDING.—In ployee’s rate of compensation below the rate of
Programs, the Office of the Solicitor, the Mine addition to amounts otherwise available, there full compensation, including the involuntary
Safety and Health Administration, and the Oc- is appropriated for fiscal year 2021, out of any furloughing of any employee employed on the
cupational Safety and Health Administration to amounts in the Treasury not otherwise appro- date of submission of the application for the
carry out COVID–19 related worker protection priated, $23,975,000,000, to remain available subgrant; and
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1205
(III) the provider will provide relief from co- ‘‘(A) a reference in subsection (a)(2) to an any money in the Treasury not otherwise appro-
payments and tuition payments for the families amount appropriated under subsection (a)(1) priated, the following amounts, to remain avail-
enrolled in the provider’s program, to the extent shall be considered to be a reference to an able through September 30, 2023:
possible, and prioritize such relief for families amount appropriated under this paragraph; (1) $250,000,000 for carrying out the program
struggling to make either type of payment; and ‘‘(B) the matching requirement in section authorized under section 201 of the Child Abuse
(ii) accept and process applications submitted 306(c)(4) and condition in section 308(d)(3) shall Prevention and Treatment Act (42 U.S.C. 5116),
under this subparagraph on a rolling basis, and not apply; and which shall be allocated without regard to sec-
provide subgrant funds in advance of provider ‘‘(C) each reference in section 305(e) to ‘the tion 204(4) of such Act (42 U.S.C. 5116d(4)) and
expenditures, except as provided in subsection end of the following fiscal year’ shall be consid- shall be allotted to States in accordance with
(e)(2). ered to be a reference to ‘the end of fiscal year section 203 of such Act (42 U.S.C. 5116b), except
(E) OBLIGATION.—The lead agency shall no- 2025’; and that—
tify the Secretary if it is unable to obligate at ‘‘(D) funds made available to a State in a (A) in subsection (b)(1)(A) of such section 203,
least 50 percent of the funds received pursuant grant under section 306(a) and obligated in a ‘‘70 percent’’ shall be deemed to be ‘‘100 per-
to subsection (c) that are available for subgrants timely manner shall be available for expendi- cent’’; and
described in this paragraph within 9 months of ture, by the State or a recipient of funds from (B) subsections (b)(1)(B) and (c) of such sec-
the date of enactment of this Act. the grant, through the end of fiscal year 2025; tion 203 shall not apply; and
(e) USES OF FUNDS.— ‘‘(2) $18,000,000 to carry out section 309.
‘‘(3) $2,000,000 to carry out section 313, of (2) $100,000,000 for carrying out the State
(1) IN GENERAL.—A qualified child care pro- grant program authorized under section 106 of
vider that receives funds through such a which $1,000,000 shall be allocated to support
Indian communities.’’. the Child Abuse Prevention and Treatment Act
subgrant shall use the funds for at least one of (42 U.S.C. 5106a), which shall be allocated with-
the following: (b) COVID–19 PUBLIC HEALTH EMERGENCY
DEFINED.—In this section, the term ‘‘COVID–19 out regard to section 112(a)(2) of such Act (42
(A) Personnel costs, including payroll and sal-
public health emergency’’ means the public U.S.C. 5106h(a)(2)).
aries or similar compensation for an employee
(including any sole proprietor or independent health emergency declared by the Secretary of SEC. 2206. CORPORATION FOR NATIONAL AND
Health and Human Services under section 319 of COMMUNITY SERVICE AND THE NA-
contractor), employee benefits, premium pay, or TIONAL SERVICE TRUST.
costs for employee recruitment and retention. the Public Health Service Act (42 U.S.C. 247d)
(B) Rent (including rent under a lease agree- on January 31, 2020, with respect to COVID–19, (a) CORPORATION FOR NATIONAL AND COMMU-
including any renewal of the declaration. NITY SERVICE.—In addition to amounts other-
ment) or payment on any mortgage obligation,
utilities, facility maintenance or improvements, (c) GRANTS TO SUPPORT CULTURALLY SPECIFIC wise made available, there is appropriated for
or insurance. POPULATIONS.— fiscal year 2021, out of any money in the Treas-
(C) Personal protective equipment, cleaning (1) IN GENERAL.—In addition to amounts oth- ury not otherwise appropriated, to the Corpora-
and sanitization supplies and services, or train- erwise made available, there is appropriated, tion for National and Community Service,
ing and professional development related to out of any amounts in the Treasury not other- $852,000,000, to remain available through Sep-
health and safety practices. wise appropriated, to the Secretary of Health tember 30, 2024, to carry out subsection (b), ex-
(D) Purchases of or updates to equipment and and Human Services (in this section referred to cept that amounts to carry out subsection (b)(7)
supplies to respond to the COVID–19 public as the ‘‘Secretary’’), $49,500,000 for fiscal year shall remain available until September 30, 2026.
health emergency. 2021, to be available until expended, to carry out (b) ALLOCATION OF AMOUNTS.—Amounts pro-
(E) Goods and services necessary to maintain this subsection (excluding Federal administra- vided by subsection (a) shall be allocated as fol-
or resume child care services. tive costs, for which funds are appropriated lows:
(F) Mental health supports for children and under subsection (e)). (1) AMERICORPS STATE AND NATIONAL.—
employees. (2) USE OF FUNDS.—From amounts appro- $620,000,000 shall be used—
(2) REIMBURSEMENT.—The qualified child care priated under paragraph (1), the Secretary act- (A) to increase the living allowances of par-
provider may use the subgrant funds to reim- ing through the Director of the Family Violence ticipants in national service programs; and
burse the provider for sums obligated or ex- Prevention and Services Program, shall— (B) to make funding adjustments to existing
pended before the date of enactment of this Act (A) support culturally specific community- (as of the date of enactment of this Act) awards
for the cost of a good or service described in based organizations to provide culturally spe- and award new and additional awards to enti-
paragraph (1) to respond to the COVID–19 pub- cific activities for survivors of sexual assault ties to support programs described in para-
lic health emergency. and domestic violence, to address emergent graphs (1)(B), (2)(B), (3)(B), (4)(B), and (5)(B)
(f) SUPPLEMENT NOT SUPPLANT.—Amounts needs resulting from the COVID–19 public of subsection (a), and subsection (b)(2), of sec-
made available to carry out this section shall be health emergency and other public health con- tion 122 of the National and Community Service
used to supplement and not supplant other Fed- cerns; and Act of 1990 (42 U.S.C. 12572), whether or not the
eral, State, and local public funds expended to (B) support culturally specific community-
entities are already grant recipients under such
provide child care services for eligible individ- based organizations that provide culturally spe-
provisions on the date of enactment of this Act,
uals. cific activities to promote strategic partnership
and notwithstanding section 122(a)(1)(B)(vi) of
development and collaboration in responding to
SEC. 2203. HEAD START. the National and Community Service Act of 1990
the impact of COVID–19 and other public health
In addition to amounts otherwise available, (42 U.S.C. 12572(a)(1)(B)(vi)), by—
concerns on survivors of sexual assault and do-
there is appropriated for fiscal year 2021, out of (i) prioritizing entities serving communities
mestic violence.
any amounts in the Treasury not otherwise ap- (d) GRANTS TO SUPPORT SURVIVORS OF SEXUAL disproportionately impacted by COVID–19 and
propriated, $1,000,000,000, to remain available ASSAULT.— utilizing culturally competent and multilingual
through September 30, 2022, to carry out the (1) IN GENERAL.—In addition to amounts oth- strategies in the provision of services; and
Head Start Act, including for Federal adminis- erwise made available, there is appropriated, (ii) taking into account the diversity of com-
trative expenses. After reserving funds for Fed- out of any amounts in the Treasury not other- munities and participants served by such enti-
eral administrative expenses, the Secretary shall wise appropriated, to the Secretary, $198,000,000 ties, including racial, ethnic, socioeconomic, lin-
allocate all remaining amounts to Head Start for fiscal year 2021, to be available until ex- guistic, or geographic diversity.
agencies for one-time grants, and shall allocate pended, to carry out this subsection (excluding (2) STATE COMMISSIONS.—$20,000,000 shall be
to each Head Start agency an amount that Federal administrative costs, for which funds used to make adjustments to existing (as of the
bears the same ratio to the portion available for are appropriated under subsection (e)). date of enactment of this Act) awards and new
allocations as the number of enrolled children (2) USE OF FUNDS.—From amounts appro- and additional awards, including awards to
served by the Head Start agency bears to the priated under paragraph (1), the Secretary act- State Commissions on National and Community
number of enrolled children served by all Head ing through the Director of the Family Violence Service, under section 126(a) of the National
Start agencies. Prevention and Services Program, shall assist and Community Service Act of 1990 (42 U.S.C.
SEC. 2204. PROGRAMS FOR SURVIVORS. rape crisis centers in transitioning to virtual 12576(a)).
(a) IN GENERAL.—Section 303 of the Family services and meeting the emergency needs of (3) VOLUNTEER GENERATION FUND.—$20,000,000
Violence Prevention and Services Act (42 U.S.C. survivors. shall be used for expenses authorized under sec-
10403) is amended by adding at the end the fol- (e) ADMINISTRATIVE COSTS.—In addition to tion 501(a)(4)(F) of the National and Community
lowing: amounts otherwise made available, there is ap- Service Act of 1990 (42 U.S.C. 12681(a)(4)(F)),
‘‘(d) ADDITIONAL FUNDING.—For the purposes propriated to the Secretary, out of any amounts which, notwithstanding section 198P(d)(1)(B) of
of carrying out this title, in addition to amounts in the Treasury not otherwise appropriated, that Act (42 U.S.C. 12653p(d)(1)(B)), shall be for
otherwise made available for such purposes, $2,500,000 for fiscal year 2021, to remain avail- grants awarded by the Corporation for National
there are appropriated, out of any amounts in able until expended, for the Federal administra- and Community Service on a competitive basis.
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the Treasury not otherwise appropriated, for fis- tive costs of carrying out subsections (c) and (4) AMERICORPS VISTA.—$80,000,000 shall be
cal year 2021, to remain available until ex- (d). used for the purposes described in section 101 of
pended except as otherwise provided in this sub- SEC. 2205. CHILD ABUSE PREVENTION AND the Domestic Volunteer Service Act of 1973 (42
section, each of the following: TREATMENT. U.S.C. 4951), including to increase the living al-
‘‘(1) $180,000,000 to carry out sections 301 In addition to amounts otherwise available, lowances of volunteers, described in section
through 312, to be allocated in the manner de- there is appropriated to the Secretary of Health 105(b) of the Domestic Volunteer Service Act of
scribed in subsection (a)(2), except that— and Human Services for fiscal year 2021, out of 1973 (42 U.S.C. 4955(b)).
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H1206 CONGRESSIONAL RECORD — HOUSE March 10, 2021
(5) NATIONAL SENIOR SERVICE CORPS.— (B) ALTERNATIVE ALLOCATION.—The term ‘‘al- tivities related to production of vaccines and re-
$30,000,000 shall be used for the purposes de- ternative allocation’’ means an allocation to lated materials; facilitation and conduct of in-
scribed in section 200 of the Domestic Volunteer each State, territory, or locality calculated spections related to the manufacturing of vac-
Service Act of 1973 (42 U.S.C. 5000). using the percentage derived from the allocation cines, therapeutics, and devices delayed or can-
(6) ADMINISTRATIVE COSTS.—$73,000,000 shall received by such State, territory, or locality of celled for reasons related to COVID–19; review
be used for the Corporation for National and the aggregate amount of fiscal year 2020 Public of devices authorized for use for the treatment,
Community Service for administrative expenses Health Emergency Preparedness cooperative prevention, or diagnosis of COVID–19; and over-
to carry out programs and activities funded by agreement awards under section 319C–1 of the sight of the supply chain and mitigation of
subsection (a). Public Health Service Act (42 U.S.C. 247d–3a). shortages of vaccines, therapeutics, and devices
(7) OFFICE OF INSPECTOR GENERAL.—$9,000,000 (2) SUPPLEMENTAL FUNDING.— approved, cleared, licensed, or authorized for
shall be used for the Office of Inspector General (A) IN GENERAL.—Not later than 21 days after use for the treatment, prevention, or diagnosis
of the Corporation for National and Community the date of enactment of this Act, the Secretary of COVID–19 by the Food and Drug Administra-
Service for salaries and expenses necessary for shall, out of amounts described in subsection tion.
oversight and audit of programs and activities (a), provide supplemental funding to any State, SEC. 2305. REDUCED COST-SHARING.
funded by subsection (a). locality, or territory that received less of the (a) IN GENERAL.—Section 1402 of the Patient
(c) NATIONAL SERVICE TRUST.—In addition to amounts that were appropriated under title III Protection and Affordable Care Act is amended
amounts otherwise made available, there is ap- of division M of Public Law 116–260 for vaccina- by redesignating subsection (f) as subsection (g)
propriated for fiscal year 2021, out of any money tion grants to be issued by the Centers for Dis- and by inserting after subsection (e) the fol-
in the Treasury not otherwise appropriated, ease Control and Prevention than such State, lowing new subsection:
$148,000,000, to remain available until expended, locality, or territory would have received had ‘‘(f) SPECIAL RULE FOR INDIVIDUALS WHO RE-
for administration of the National Service Trust, such amounts been allocated using the alter- CEIVE UNEMPLOYMENT COMPENSATION DURING
and for payment to the Trust for the provision native allocation. 2021.—For purposes of this section, in the case
of educational awards pursuant to section (B) AMOUNT.—The amount of supplemental of an individual who has received, or has been
145(a)(1)(A) of the National and Community funding provided under this subsection shall be approved to receive, unemployment compensa-
Service Act of 1990 (42 U.S.C. 12601(a)(1)(A)). equal to the difference between— tion for any week beginning during 2021, for the
Subtitle D—Public Health (i) the amount the State, locality, or territory plan year in which such week begins—
received, or would receive, under the base for- ‘‘(1) such individual shall be treated as meet-
SEC. 2301. FUNDING FOR COVID–19 VACCINE AC-
mula; and ing the requirements of subsection (b)(2), and
TIVITIES AT THE CENTERS FOR DIS-
(ii) the amount the State, locality, or territory ‘‘(2) for purposes of subsections (c) and (d),
EASE CONTROL AND PREVENTION.
would receive under the alternative allocation. there shall not be taken into account any
(a) IN GENERAL.—In addition to amounts oth-
SEC. 2302. FUNDING FOR VACCINE CONFIDENCE
household income of the individual in excess of
erwise available, there is appropriated to the 133 percent of the poverty line for a family of
Secretary of Health and Human Services (in this ACTIVITIES.
In addition to amounts otherwise available, the size involved.’’.
subtitle referred to as the ‘‘Secretary’’) for fiscal (b) EFFECTIVE DATE.—The amendment made
year 2021, out of any money in the Treasury not there is appropriated to the Secretary for fiscal
by this section shall apply to plan years begin-
otherwise appropriated, $7,500,000,000, to remain year 2021, out of any money in the Treasury not
ning after December 31, 2020.
available until expended, to carry out activities otherwise appropriated, $1,000,000,000, to remain
available until expended, to carry out activities, Subtitle E—Testing
to plan, prepare for, promote, distribute, admin-
acting through the Director of the Centers for SEC. 2401. FUNDING FOR COVID–19 TESTING, CON-
ister, monitor, and track COVID–19 vaccines.
Disease Control and Prevention— TACT TRACING, AND MITIGATION AC-
(b) USE OF FUNDS.—The Secretary, acting TIVITIES.
through the Director of the Centers for Disease (1) to strengthen vaccine confidence in the
United States, including its territories and pos- (a) IN GENERAL.—In addition to amounts oth-
Control and Prevention, and in consultation erwise available, there is appropriated to the
with other agencies, as applicable, shall, in con- sessions;
(2) to provide further information and edu- Secretary of Health and Human Services (in this
ducting activities referred to in subsection (a)— subtitle referred to as the ‘‘Secretary’’) for fiscal
(1) conduct activities to enhance, expand, and cation with respect to vaccines licensed under
section 351 of the Public Health Service Act (42 year 2021, out of any money in the Treasury not
improve nationwide COVID–19 vaccine distribu- otherwise appropriated, $47,800,000,000, to re-
tion and administration, including activities re- U.S.C. 262) or authorized under section 564 of
the Federal Food, Drug, and Cosmetic Act (21 main available until expended, to carry out ac-
lated to distribution of ancillary medical prod- tivities to detect, diagnose, trace, and monitor
ucts and supplies related to vaccines; and U.S.C. 360bbb–3); and
(3) to improve rates of vaccination throughout SARS–CoV–2 and COVID–19 infections and re-
(2) provide technical assistance, guidance, lated strategies to mitigate the spread of
and support to, and award grants or cooperative the United States, including its territories and
possessions, including through activities de- COVID–19.
agreements to, State, local, Tribal, and terri- (b) USE OF FUNDS.—From amounts appro-
torial public health departments for enhance- scribed in section 313 of the Public Health Serv-
priated by subsection (a), the Secretary shall—
ment of COVID–19 vaccine distribution and ad- ice Act, as amended by section 311 of division (1) implement a national, evidence-based
ministration capabilities, including— BB of the Consolidated Appropriations Act, 2021 strategy for testing, contact tracing, surveil-
(A) the distribution and administration of (Public Law 116–260). lance, and mitigation with respect to SARS–
vaccines licensed under section 351 of the Public SEC. 2303. FUNDING FOR SUPPLY CHAIN FOR CoV–2 and COVID–19, including through activi-
Health Service Act (42 U.S.C. 262) or authorized COVID–19 VACCINES, THERA-
ties authorized under section 319(a) of the Pub-
under section 564 of the Federal Food, Drug, PEUTICS, AND MEDICAL SUPPLIES.
lic Health Service Act;
and Cosmetic Act (21 U.S.C. 360bbb–3) and an- In addition to amounts otherwise available, (2) provide technical assistance, guidance,
cillary medical products and supplies related to there is appropriated to the Secretary for fiscal and support, and award grants or cooperative
vaccines; year 2021, out of any money in the Treasury not agreements to State, local, and territorial public
(B) the establishment and expansion, includ- otherwise appropriated, $6,050,000,000, to remain health departments for activities to detect, diag-
ing staffing support, of community vaccination available until expended, for necessary expenses nose, trace, and monitor SARS–CoV–2 and
centers, particularly in underserved areas; with respect to research, development, manufac- COVID–19 infections and related strategies and
(C) the deployment of mobile vaccination turing, production, and the purchase of vac- activities to mitigate the spread of COVID–19;
units, particularly in underserved areas; cines, therapeutics, and ancillary medical prod- (3) support the development, manufacturing,
(D) information technology, standards-based ucts and supplies to prevent, prepare, or re- procurement, distribution, and administration of
data, and reporting enhancements, including spond to— tests to detect or diagnose SARS–CoV–2 and
improvements necessary to support standards- (1) SARS–CoV–2 or any viral variant mutating COVID–19, including through—
based sharing of data related to vaccine dis- therefrom with pandemic potential; and (A) support for the development, manufacture,
tribution and vaccinations and systems that en- (2) COVID–19 or any disease with potential procurement, and distribution of supplies nec-
hance vaccine safety, effectiveness, and uptake, for creating a pandemic. essary for administering tests, such as personal
particularly among underserved populations; SEC. 2304. FUNDING FOR COVID–19 VACCINE, protective equipment; and
(E) facilities enhancements; THERAPEUTIC, AND DEVICE ACTIVI- (B) support for the acquisition, construction,
(F) communication with the public regarding TIES AT THE FOOD AND DRUG AD- alteration, or renovation of non-federally owned
when, where, and how to receive COVID–19 MINISTRATION.
facilities for the production of diagnostics and
vaccines; and In addition to amounts otherwise available, ancillary medical products and supplies where
(G) transportation of individuals to facilitate there is appropriated to the Secretary for fiscal the Secretary determines that such an invest-
vaccinations, including at community vaccina- year 2021, out of any money in the Treasury not ment is necessary to ensure the production of
tion centers and mobile vaccination units, par- otherwise appropriated, $500,000,000, to remain sufficient amounts of such supplies;
ticularly for underserved populations. available until expended, to be used for the (4) establish and expand Federal, State, local,
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(c) SUPPLEMENTAL FUNDING FOR STATE VAC- evaluation of the continued performance, safe- and territorial testing and contact tracing capa-
CINATION GRANTS.— ty, and effectiveness, including with respect to bilities, including—
(1) DEFINITIONS.—In this subsection: emerging COVID–19 variants, of vaccines, (A) through investments in laboratory capac-
(A) BASE FORMULA.—The term ‘‘base formula’’ therapeutics, and diagnostics approved, cleared, ity, such as—
means the allocation formula that applied to the licensed, or authorized for use for the treatment, (i) academic and research laboratories, or
Public Health Emergency Preparedness coopera- prevention, or diagnosis of COVID–19; facilita- other laboratories that could be used for proc-
tive agreement in fiscal year 2020. tion of advanced continuous manufacturing ac- essing of COVID–19 testing;
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1207
(ii) community-based testing sites and commu- logical threats, including academic and work- Papa Ola Lokahi and to qualified entities under
nity-based organizations; or force support for analytics and informatics in- sections 4 and 6 of the Native Hawaiian Health
(iii) mobile health units, particularly in medi- frastructure and data collection systems. Care Improvement Act (42 U.S.C. 11703, 11705).
cally underserved areas; and Subtitle F—Public Health Workforce (b) USE OF FUNDS.—Amounts made available
(B) with respect to quarantine and isolation SEC. 2501. FUNDING FOR PUBLIC HEALTH WORK-
to an awardee pursuant to subsection (a) shall
of contacts; FORCE. be used—
(5) enhance information technology, data (1) to plan, prepare for, promote, distribute,
(a) IN GENERAL.—In addition to amounts oth-
modernization, and reporting, including im- administer, and track COVID–19 vaccines, and
erwise available, there is appropriated to the
provements necessary to support sharing of data to carry out other vaccine-related activities;
Secretary of Health and Human Services (in this
related to public health capabilities; (2) to detect, diagnose, trace, and monitor
subtitle referred to as the ‘‘Secretary’’) for fiscal
(6) award grants to, or enter into cooperative COVID–19 infections and related activities nec-
year 2021, out of any money in the Treasury not
agreements or contracts with, State, local, and essary to mitigate the spread of COVID–19, in-
otherwise appropriated, $7,660,000,000, to remain
territorial public health departments to estab- cluding activities related to, and equipment or
available until expended, to carry out activities
lish, expand, and sustain a public health work- supplies purchased for, testing, contact tracing,
related to establishing, expanding, and sus-
force; and surveillance, mitigation, and treatment of
taining a public health workforce, including by
(7) to cover administrative and program sup- COVID–19;
making awards to State, local, and territorial (3) to purchase equipment and supplies to
port costs necessary to conduct activities related public health departments.
to subparagraph (a). conduct mobile testing or vaccinations for
(b) USE OF FUNDS FOR PUBLIC HEALTH DE-
SEC. 2402. FUNDING FOR SARS–COV–2 GENOMIC COVID–19, to purchase and maintain mobile ve-
PARTMENTS.—Amounts made available to an
SEQUENCING AND SURVEILLANCE. hicles and equipment to conduct such testing or
awardee pursuant to subsection (a) shall be
(a) IN GENERAL.—In addition to amounts oth- vaccinations, and to hire and train laboratory
used for the following:
erwise available, there is appropriated to the personnel and other staff to conduct such mo-
(1) Costs, including wages and benefits, re-
Secretary for fiscal year 2021 out of any money bile testing or vaccinations, particularly in
lated to the recruiting, hiring, and training of
in the Treasury not otherwise appropriated, medically underserved areas;
individuals—
$1,750,000,000, to remain available until ex- (4) to establish, expand, and sustain the
(A) to serve as case investigators, contact
pended, to strengthen and expand activities and health care workforce to prevent, prepare for,
tracers, social support specialists, community
workforce related to genomic sequencing, ana- and respond to COVID–19, and to carry out
health workers, public health nurses, disease
lytics, and disease surveillance. other health workforce-related activities;
intervention specialists, epidemiologists, pro-
(b) USE OF FUNDS.—From amounts appro- (5) to modify, enhance, and expand health
gram managers, laboratory personnel,
priated by subsection (a), the Secretary, acting care services and infrastructure; and
informaticians, communication and policy ex- (6) to conduct community outreach and edu-
through the Director of the Centers for Disease perts, and any other positions as may be re- cation activities related to COVID–19.
Control and Prevention, shall— quired to prevent, prepare for, and respond to (c) PAST EXPENDITURES.—An awardee may
(1) conduct, expand, and improve activities to COVID–19; and use amounts awarded pursuant to subsection (a)
sequence genomes, identify mutations, and sur- (B) who are employed by— to cover the costs of the awardee carrying out
vey the circulation and transmission of viruses (i) the State, territorial, or local public health any of the activities described in subsection (b)
and other organisms, including strains of SARS– department involved; or during the period beginning on the date of the
CoV–2; (ii) a nonprofit private or public organization
declaration of a public health emergency by the
(2) award grants or cooperative agreements to with demonstrated expertise in implementing
Secretary under section 319 of the Public Health
State, local, Tribal, or territorial public health public health programs and established relation-
Service Act (42 U.S.C. 247d) on January 31, 2020,
departments or public health laboratories— ships with such State, territorial, or local public
with respect to COVID–19 and ending on the
(A) to increase their capacity to sequence health departments, particularly in medically
date of such award.
genomes of circulating strains of viruses and underserved areas.
SEC. 2602. FUNDING FOR NATIONAL HEALTH
other organisms, including SARS–CoV–2; (2) Personal protective equipment, data man-
SERVICE CORPS.
(B) to identify mutations in viruses and other agement and other technology, or other nec-
(a) IN GENERAL.—In addition to amounts oth-
organisms, including SARS–CoV–2; essary supplies.
(3) Administrative costs and activities nec- erwise available, there is appropriated to the
(C) to use genomic sequencing to identify out-
essary for awardees to implement activities Secretary for fiscal year 2021, out of any money
breaks and clusters of diseases or infections, in-
funded under this section. in the Treasury not otherwise appropriated,
cluding COVID–19; and
(4) Subawards from recipients of awards $800,000,000, to remain available until expended,
(D) to develop effective disease response strat-
under subsection (a) to local health departments for carrying out sections 338A, 338B, and 338I of
egies based on genomic sequencing and surveil-
for the purposes of the activities funded under the Public Health Service Act (42 U.S.C. 254l,
lance data;
this section. 254l–1, 254q–1) with respect to the health work-
(3) enhance and expand the informatics capa-
force.
bilities of the public health workforce; and SEC. 2502. FUNDING FOR MEDICAL RESERVE
CORPS.
(b) STATE LOAN REPAYMENT PROGRAMS.—
(4) award grants for the construction, alter-
(1) IN GENERAL.—Of the amount made avail-
ation, or renovation of facilities to improve In addition to amounts otherwise available,
able pursuant to subsection (a), $100,000,000
genomic sequencing and surveillance capabili- there is appropriated to the Secretary for fiscal
shall be made available for providing primary
ties at the State and local level. year 2021, out of any money in the Treasury not
health services through grants to States under
SEC. 2403. FUNDING FOR GLOBAL HEALTH. otherwise appropriated, $100,000,000, to remain
section 338I(a) of the Public Health Service Act
In addition to amounts otherwise available, available until expended, for carrying out sec-
(42 U.S.C. 254q–1(a)).
there is appropriated to the Secretary for fiscal tion 2813 of the Public Health Service Act (42 (2) CONDITIONS.—With respect to grants de-
year 2021, out of any amounts in the Treasury U.S.C. 300hh–15). scribed in paragraph (1) using funds made
not otherwise appropriated, $750,000,000, to re- Subtitle G—Public Health Investments available under such paragraph:
main available until expended, for activities to SEC. 2601. FUNDING FOR COMMUNITY HEALTH (A) Section 338I(b) of the Public Health Serv-
be conducted acting through the Director of the CENTERS AND COMMUNITY CARE. ice Act (42 U.S.C. 254q–1(b)) shall not apply.
Centers for Disease Control and Prevention to (a) IN GENERAL.—In addition to amounts oth- (B) Notwithstanding section 338I(d)(2) of the
combat SARS–CoV–2, COVID–19, and other erwise available, there is appropriated to the Public Health Service Act (42 U.S.C. 254q–
emerging infectious disease threats globally, in- Secretary of Health and Human Services (in this 1(d)(2)), not more than 10 percent of an award
cluding efforts related to global health security, subtitle referred to as the ‘‘Secretary’’) for fiscal to a State from such amounts, may be used by
global disease detection and response, global year 2021, out of any money in the Treasury not the State for costs of administering the State
health protection, global immunization, and otherwise appropriated, $7,600,000,000, to remain loan repayment program.
global coordination on public health. available until expended, for necessary expenses SEC. 2603. FUNDING FOR NURSE CORPS.
SEC. 2404. FUNDING FOR DATA MODERNIZATION for awarding grants and cooperative agreements In addition to amounts otherwise available,
AND FORECASTING CENTER. under section 330 of the Public Health Service there is appropriated to the Secretary for fiscal
In addition to amounts otherwise available, Act (42 U.S.C. 254b) to be awarded without re- year 2021, out of any money in the Treasury not
there is appropriated to the Secretary for fiscal gard to the time limitation in subsection (e)(3) otherwise appropriated, $200,000,000, to remain
year 2021, out of any money in the Treasury not and subsections (e)(6)(A)(iii), (e)(6)(B)(iii), and available until expended, for carrying out sec-
otherwise appropriated, $500,000,000, to remain (r)(2)(B) of such section 330, and for necessary tion 846 of the Public Health Service Act (42
available until expended, for activities to be expenses for awarding grants to Federally quali- U.S.C. 297n).
conducted acting through the Director of the fied health centers, as described in section SEC. 2604. FUNDING FOR TEACHING HEALTH CEN-
Centers for Disease Control and Prevention to 1861(aa)(4)(B) of the Social Security Act (42 TERS THAT OPERATE GRADUATE
dlhill on DSK120RN23PROD with HOUSE
support public health data surveillance and U.S.C.1395x(aa)(4)(B)), and for awarding grants MEDICAL EDUCATION.
analytics infrastructure modernization initia- or contracts to Papa Ola Lokahi and to quali- (a) IN GENERAL.—In addition to amounts oth-
tives at the Centers for Disease Control and Pre- fied entities under sections 4 and 6 of the Native erwise available, and notwithstanding the
vention, and establish, expand, and maintain Hawaiian Health Care Improvement Act (42 capped amount referenced in sections 340H(b)(2)
efforts to modernize the United States disease U.S.C. 11703, 11705). Of the total amount appro- and 340H(d)(2) of the Public Health Service Act
warning system to forecast and track hotspots priated by the preceding sentence, not less than (42 U.S.C. 256h(b)(2) and (d)(2)), there is appro-
for COVID–19, its variants, and emerging bio- $20,000,000 shall be for grants or contracts to priated to the Secretary for fiscal year 2021, out
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H1208 CONGRESSIONAL RECORD — HOUSE March 10, 2021
of any money in the Treasury not otherwise ap- U.S.C. 290bb–21(d)). Notwithstanding section ters, to establish, enhance, or expand evidence-
propriated, $330,000,000, to remain available 1952 of the Public Health Service Act (42 U.S.C. informed programs or protocols to promote men-
until September 30, 2023, for the program of pay- 300x–62), any amount awarded to a State out of tal health among their providers, other per-
ments to teaching health centers that operate amounts appropriated by this section shall be sonnel, and members.
graduate medical education under section 340H expended by the State by September 30, 2025. SEC. 2706.FUNDING FOR COMMUNITY-BASED
of the Public Health Service Act (42 U.S.C. 256h) SEC. 2703. FUNDING FOR MENTAL HEALTH AND FUNDING FOR LOCAL SUBSTANCE
and for teaching health center development SUBSTANCE USE DISORDER TRAIN- USE DISORDER SERVICES.
grants authorized under section 749A of the ING FOR HEALTH CARE PROFES- (a) IN GENERAL.—In addition to amounts oth-
Public Health Service Act (42 U.S.C. 293l–1). SIONALS, PARAPROFESSIONALS, erwise available, there is appropriated to the
AND PUBLIC SAFETY OFFICERS. Secretary for fiscal year 2021, out of any money
(b) USE OF FUNDS.—Amounts made available
pursuant to subsection (a) shall be used for the (a) IN GENERAL.—In addition to amounts oth- in the Treasury not otherwise appropriated,
following activities: erwise available, there is appropriated to the $30,000,000, to remain available until expended,
(1) For making payments to establish new ap- Secretary for fiscal year 2021, out of any money to carry out the purpose described in subsection
proved graduate medical residency training pro- in the Treasury not otherwise appropriated, (b).
grams pursuant to section 340H(a)(1)(C) of the $80,000,000, to remain available until expended, (b) USE OF FUNDS.—
Public Health Service Act (42 U.S.C. for the purpose described in subsection (b). (1) IN GENERAL.—The Secretary, acting
(b) USE OF FUNDING.—The Secretary, acting through the Assistant Secretary for Mental
256h(a)(1)(C)).
(2) To provide an increase to the per resident through the Administrator of the Health Re- Health and Substance Use and in consultation
amount described in section 340H(a)(2) of the sources and Services Administration, shall, tak- with the Director of the Centers for Disease
Public Health Service Act (42 U.S.C. 256h(a)(2)) ing into consideration the needs of rural and Control and Prevention, shall award grants to
of $10,000. medically underserved communities, use support States; local, Tribal, and territorial gov-
(3) For making payments under section amounts appropriated by subsection (a) to ernments; Tribal organizations; nonprofit com-
340H(a)(1)(A) of the Public Health Service Act award grants or contracts to health professions munity-based organizations; and primary and
(42 U.S.C. 256h(a)(1)(A))) to qualified teaching schools, academic health centers, State or local behavioral health organizations to support com-
health centers for maintenance of filled posi- governments, Indian Tribes and Tribal organi- munity-based overdose prevention programs, sy-
tions at existing approved graduate medical resi- zations, or other appropriate public or private ringe services programs, and other harm reduc-
dency training programs. nonprofit entities (or consortia of entities, in- tion services.
(4) For making payments under section cluding entities promoting multidisciplinary ap- (2) USE OF GRANT FUNDS.—Grant funds
340H(a)(1)(B) of the Public Health Service Act proaches), to plan, develop, operate, or partici- awarded under this section to eligible entities
(42 U.S.C. 256h(a)(1)(B)) for the expansion of pate in health professions and nursing training shall be used for preventing and controlling the
existing approved graduate medical residency activities for health care students, residents, spread of infectious diseases and the con-
training programs. professionals, paraprofessionals, trainees, and sequences of such diseases for individuals with
(5) For making awards under section 749A of public safety officers, and employers of such in- substance use disorder, distributing opioid over-
the Public Health Service Act (42 U.S.C. 293l–1) dividuals, in evidence-informed strategies for re- dose reversal medication to individuals at risk of
to teaching health centers for the purpose of es- ducing and addressing suicide, burnout, mental overdose, connecting individuals at risk for, or
tablishing new accredited or expanded primary health conditions, and substance use disorders with, a substance use disorder to overdose edu-
care residency programs. among health care professionals. cation, counseling, and health education, and
(6) To cover administrative costs and activities SEC. 2704. FUNDING FOR EDUCATION AND encouraging such individuals to take steps to re-
AWARENESS CAMPAIGN ENCOUR- duce the negative personal and public health
necessary for qualified teaching health centers
AGING HEALTHY WORK CONDITIONS impacts of substance use or misuse.
receiving payments under section 340H of the AND USE OF MENTAL HEALTH AND
Public Health Service Act (42 U.S.C. 256h) to SUBSTANCE USE DISORDER SERV- SEC. 2707.FUNDING FOR COMMUNITY-BASED
carry out activities under such section. ICES BY HEALTH CARE PROFES- FUNDING FOR LOCAL BEHAVIORAL
SIONALS. HEALTH NEEDS.
SEC. 2605. FUNDING FOR FAMILY PLANNING.
(a) IN GENERAL.—In addition to amounts oth- (a) IN GENERAL.—In addition to amounts oth-
In addition to amounts otherwise available,
erwise available, there is appropriated to the erwise available, there is appropriated to the
there is appropriated to the Secretary for fiscal
Secretary for fiscal year 2021, out of any money Secretary for fiscal year 2021, out of any money
year 2021, out of any money in the Treasury not
in the Treasury not otherwise appropriated, in the Treasury not otherwise appropriated,
otherwise appropriated, $50,000,000, to remain
$20,000,000, to remain available until expended, $50,000,000, to remain available until expended,
available until expended, for necessary expenses
for the purpose described in subsection (b). to carry out the purpose described in subsection
for making grants and contracts under section
(b) USE OF FUNDS.—The Secretary, acting (b).
1001 of the Public Health Service Act (42 U.S.C. (b) USE OF FUNDS.—
300). through the Director of the Centers for Disease
Control and Prevention and in consultation (1) IN GENERAL.—The Secretary, acting
Subtitle H—Mental Health and Substance Use through the Assistant Secretary for Mental
with the medical professional community, shall
Disorder Health and Substance Use, shall award grants
use amounts appropriated by subsection (a) to
SEC. 2701. FUNDING FOR BLOCK GRANTS FOR carry out a national evidence-based education to State, local, Tribal, and territorial govern-
COMMUNITY MENTAL HEALTH SERV-
and awareness campaign directed at health care ments, Tribal organizations, nonprofit commu-
ICES. nity-based entities, and primary care and be-
professionals and first responders (such as emer-
In addition to amounts otherwise available, havioral health organizations to address in-
gency medical service providers), and employers
there is appropriated to the Secretary of Health creased community behavioral health needs
of such professionals and first responders. Such
and Human Services (in this subtitle referred to worsened by the COVID–19 public health emer-
awareness campaign shall—
as the ‘‘Secretary’’) for fiscal year 2021, out of (1) encourage primary prevention of mental gency.
any money in the Treasury not otherwise appro- health conditions and substance use disorders (2) USE OF GRANT FUNDS.—Grant funds
priated, $1,500,000,000, to remain available until and secondary and tertiary prevention by en- awarded under this section to eligible entities
expended, for carrying out subpart I of part B couraging health care professionals to seek sup- shall be used for promoting care coordination
of title XIX of the Public Health Service Act (42 port and treatment for their own mental health among local entities; training the mental and
U.S.C. 300x et seq.), subpart III of part B of title and substance use concerns; and behavioral health workforce, relevant stake-
XIX of such Act (42 U.S.C. 300x–51 et seq.), and (2) help such professionals to identify risk fac- holders, and community members; expanding
section 505(c) of such Act (42 U.S.C. 290aa–4(c)) tors in themselves and others and respond to evidence-based integrated models of care; ad-
with respect to mental health. Notwithstanding such risks. dressing surge capacity for mental and behav-
section 1952 of the Public Health Service Act (42 SEC. 2705. FUNDING FOR GRANTS FOR HEALTH
ioral health needs; providing mental and behav-
U.S.C. 300x–62), any amount awarded to a State CARE PROVIDERS TO PROMOTE MEN- ioral health services to individuals with mental
out of amounts appropriated by this section TAL HEALTH AMONG THEIR HEALTH health needs (including co-occurring substance
shall be expended by the State by September 30, PROFESSIONAL WORKFORCE. use disorders) as delivered by behavioral and
2025. (a) IN GENERAL.—In addition to amounts oth- mental health professionals utilizing telehealth
SEC. 2702. FUNDING FOR BLOCK GRANTS FOR erwise available, there is appropriated to the services; and supporting, enhancing, or expand-
PREVENTION AND TREATMENT OF Secretary for fiscal year 2021, out of any money ing mental and behavioral health preventive
SUBSTANCE ABUSE. in the Treasury not otherwise appropriated, and crisis intervention services.
In addition to amounts otherwise available, $40,000,000, to remain available until expended, SEC. 2708. FUNDING FOR THE NATIONAL CHILD
there is appropriated to the Secretary for fiscal for the purpose described in subsection (b). TRAUMATIC STRESS NETWORK.
year 2021, out of any money in the Treasury not (b) USE OF FUNDS.—The Secretary, acting In addition to amounts otherwise available,
otherwise appropriated, $1,500,000,000, to remain through the Administrator of the Health Re- there is appropriated to the Secretary for fiscal
dlhill on DSK120RN23PROD with HOUSE
available until expended, for carrying out sub- sources and Services Administration, shall, tak- year 2021, out of any money in the Treasury not
part II of part B of title XIX of the Public ing into consideration the needs of rural and otherwise appropriated, $10,000,000, to remain
Health Service Act (42 U.S.C. 300x–21 et seq.), medically underserved communities, use available until expended, for carrying out sec-
subpart III of part B of title XIX of such Act (42 amounts appropriated by subsection (a) to tion 582 of the Public Health Service Act (42
U.S.C. 300x–51 et seq.), section 505(d) of such award grants or contracts to entities providing U.S.C. 290hh–1) with respect to addressing the
Act (42 U.S.C. 290aa–4(d)) with respect to sub- health care, including health care providers as- problem of high-risk or medically underserved
stance abuse, and section 515(d) of such Act (42 sociations and Federally qualified health cen- persons who experience violence-related stress.
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1209
SEC. 2709. FUNDING FOR PROJECT AWARE. (A) by striking ‘‘March 14, 2021’’ and insert- in effect on the day before the date of enactment
In addition to amounts otherwise available, ing ‘‘September 6, 2021’’; of this Act.
there is appropriated to the Secretary for fiscal (B) by striking ‘‘or July 1, 2020’’ and inserting SEC. 2904. RAILROAD RETIREMENT BOARD AND
year 2021, out of any money in the Treasury not ‘‘July 1, 2020, or July 1, 2021’’; and OFFICE OF THE INSPECTOR GEN-
otherwise appropriated, $30,000,000, to remain (2) in the fourth sentence, by striking ‘‘March ERAL FUNDING.
available until expended, for carrying out sec- 14, 2021’’ and inserting ‘‘September 6, 2021’’. In addition to amounts otherwise made avail-
tion 520A of the Public Health Service Act (42 (b) CLARIFICATION ON AUTHORITY TO USE able, there are appropriated for fiscal year 2021,
U.S.C. 290bb–32) with respect to advancing FUNDS.—Funds appropriated under subpara- out of any money in the Treasury not otherwise
wellness and resiliency in education. graph (B) of section 2(a)(5) of the Railroad Un- appropriated—
SEC. 2710. FUNDING FOR YOUTH SUICIDE PRE- employment Insurance Act (45 U.S.C. 352(a)(5)) (1) $27,975,000, to remain available until ex-
VENTION. shall be available to cover the cost of recovery pended, for the Railroad Retirement Board, to
In addition to amounts otherwise available, benefits provided under such section 2(a)(5) by prevent, prepare for, and respond to
there is appropriated to the Secretary for fiscal reason of the amendments made by subsection coronavirus, of which—
year 2021, out of any money in the Treasury not (a) as well as to cover the cost of such benefits (A) $6,800,000 shall be for additional hiring
otherwise appropriated, $20,000,000, to remain provided under such section 2(a)(5) as in effect and overtime bonuses as needed to administer
available until expended, for carrying out sec- on the day before the date of enactment of this the Railroad Unemployment Insurance Act; and
tions 520E and 520E–2 of the Public Health Serv- Act. (B) $21,175,000 shall be to supplement, not
ice Act (42 U.S.C. 290bb–36, 290bb–36b). SEC. 2902. EXTENDED UNEMPLOYMENT BENEFITS supplant, existing resources devoted to oper-
SEC. 2711. FUNDING FOR BEHAVIORAL HEALTH UNDER THE RAILROAD UNEMPLOY- ations and improvements for the Information
WORKFORCE EDUCATION AND MENT INSURANCE ACT. Technology Investment Initiatives of the Rail-
TRAINING. (a) IN GENERAL.—Section 2(c)(2)(D) of the road Retirement Board; and
In addition to amounts otherwise available, Railroad Unemployment Insurance Act (45 (2) $500,000, to remain available until ex-
there is appropriated to the Secretary for fiscal U.S.C. 352(c)(2)(D)) is amended— pended, for the Railroad Retirement Board Of-
year 2021, out of any money in the Treasury not (1) in clause (i)— fice of Inspector General for audit, investigatory
otherwise appropriated, $100,000,000, to remain (A) in subclause (I), by striking ‘‘185 days’’ and review activities.
available until expended, for carrying out sec- and inserting ‘‘330 days’’;
Subtitle K—Ratepayer Protection
tion 756 of the Public Health Service Act (42 (B) in subclause (II),
U.S.C. 294e–1). (i) by striking ‘‘19 consecutive 14-day periods’’ SEC. 2911. FUNDING FOR LIHEAP.
SEC. 2712. FUNDING FOR PEDIATRIC MENTAL and inserting ‘‘33 consecutive 14-day periods’’; In addition to amounts otherwise available,
HEALTH CARE ACCESS. and there is appropriated for fiscal year 2021, out of
In addition to amounts otherwise available, (ii) by striking ‘‘6 consecutive 14-day periods’’ any amounts in the Treasury not otherwise ap-
there is appropriated to the Secretary for fiscal and inserting ‘‘20 consecutive 14-day periods’’; propriated, $4,500,000,000, to remain available
year 2021, out of any money in the Treasury not (2) in clause (ii)— through September 30, 2022, for additional fund-
otherwise appropriated, $80,000,000, to remain (A) by striking ‘‘120 days of unemployment’’ ing to provide payments under section 2602(b) of
available until expended, for carrying out sec- and inserting ‘‘265 days of unemployment’’; the Low-Income Home Energy Assistance Act of
tion 330M of the Public Health Service Act (42 (B) by striking ‘‘12 consecutive 14-day peri- 1981 (42 U.S.C. 8621(b)), except that—
U.S.C. 254c–19). ods’’ and inserting ‘‘27 consecutive 14-day peri- (1) $2,250,000,000 of such amounts shall be al-
SEC. 2713. FUNDING FOR EXPANSION GRANTS ods’’; and located as though the total appropriation for
FOR CERTIFIED COMMUNITY BEHAV- (C) by striking ‘‘6 consecutive 14-day periods’’ such payments for fiscal year 2021 was less than
IORAL HEALTH CLINICS. and inserting ‘‘20 consecutive 14-day periods’’; $1,975,000,000; and
In addition to amounts otherwise available, (3) in clause (iii)— (2) section 2607(b)(2)(B) of such Act (42 U.S.C.
there is appropriated to the Secretary, acting (A) by striking ‘‘June 30, 2021’’ and inserting 8626(b)(2)(B)) shall not apply to funds appro-
through the Assistant Secretary for Mental ‘‘June 30, 2022’’; and priated under this section for fiscal year 2021.
Health and Substance Use, for fiscal year 2021, (B) by striking ‘‘the provisions of clauses (i) SEC. 2912. FUNDING FOR WATER ASSISTANCE
out of any money in the Treasury not otherwise and (ii) shall not apply to any employee whose PROGRAM.
appropriated, $420,000,000, to remain available extended benefit period under subparagraph (B) (a) IN GENERAL.—In addition to amounts oth-
until expended, for grants to communities and begins after March 14, 2021, and shall not apply erwise available, there is appropriated to the
community organizations that meet the criteria to any employee with respect to any registration Secretary of Health and Human Services (in this
for Certified Community Behavioral Health period beginning after April 5, 2021.’’ and insert- section referred to as the ‘‘Secretary’’) for fiscal
Clinics pursuant to section 223(a) of the Pro- ing ‘‘the provisions of clauses (i) and (ii) shall year 2021, out of any amounts in the Treasury
tecting Access to Medicare Act of 2014 (42 U.S.C. not apply to any employee with respect to any not otherwise appropriated, $500,000,000, to re-
1396a note). registration period beginning after September 6, main available until expended, for grants to
2021.’’; and States and Indian Tribes to assist low-income
Subtitle I—Exchange Grant Program
(4) in clause (v), by adding at the end the fol- households, particularly those with the lowest
SEC. 2801. ESTABLISHING A GRANT PROGRAM lowing: ‘‘In addition to the amount appro-
FOR EXCHANGE MODERNIZATION. incomes, that pay a high proportion of house-
priated by the preceding two sentences, out of hold income for drinking water and wastewater
(a) IN GENERAL.—Out of funds appropriated any funds in the Treasury not otherwise appro-
under subsection (b), the Secretary of Health services, by providing funds to owners or opera-
priated, there are appropriated $2,000,000 to tors of public water systems or treatment works
and Human Services (in this subtitle referred to cover the cost of additional extended unemploy-
as the ‘‘Secretary’’) shall award grants to each to reduce arrearages of and rates charged to
ment benefits provided under this subpara- such households for such services.
American Health Benefits Exchange established graph, to remain available until expended.’’.
under section 1311(b) of the Patient Protection (b) ALLOTMENT.—The Secretary shall—
(b) CLARIFICATION ON AUTHORITY TO USE (1) allot amounts appropriated in this section
and Affordable Care Act (42 U.S.C. 18031(b)) FUNDS.—Funds appropriated under the first,
(other than an Exchange established by the Sec- to a State or Indian Tribe based on—
second, or third sentence of clause (v) of section (A) the percentage of households in the State,
retary under section 1321(c) of such Act (42 2(c)(2)(D) of the Railroad Unemployment Insur-
U.S.C. 18041(c))) that submits to the Secretary or under the jurisdiction of the Indian Tribe,
ance Act shall be available to cover the cost of with income equal or less than 150 percent of the
an application at such time and in such man- additional extended unemployment benefits pro-
ner, and containing such information, as speci- Federal poverty line; and
vided under such section 2(c)(2)(D) by reason of (B) the percentage of households in the State,
fied by the Secretary, for purposes of enabling the amendments made by subsection (a) as well
such Exchange to modernize or update any sys- or under the jurisdiction of the Indian Tribe,
as to cover the cost of such benefits provided that spend more than 30 percent of monthly in-
tem, program, or technology utilized by such Ex- under such section 2(c)(2)(D) as in effect on the
change to ensure such Exchange is compliant come on housing; and
day before the date of enactment of this Act. (2) reserve up to 3 percent of the amount ap-
with all applicable requirements. SEC. 2903. EXTENSION OF WAIVER OF THE 7-DAY
(b) FUNDING.—In addition to amounts other- propriated in this section for Indian Tribes and
WAITING PERIOD FOR BENEFITS tribal organizations.
wise available, there is appropriated, for fiscal UNDER THE RAILROAD UNEMPLOY-
year 2021, out of any money in the Treasury not MENT INSURANCE ACT.
(c) DEFINITION.—In this section, the term
otherwise appropriated, $20,000,000, to remain ‘‘State’’ means each of the 50 States of the
(a) IN GENERAL.—Section 2112(a) of the
available until September 30, 2022, for carrying United States, the District of Columbia, the
CARES Act (15 U.S.C. 9030(a)) is amended by
out this section. Commonwealth of Puerto Rico, American
striking ‘‘March 14, 2021’’ and inserting ‘‘Sep-
Samoa, Guam, the United States Virgin Islands,
Subtitle J—Continued Assistance to Rail tember 6, 2021’’.
and the Commonwealth of the Northern Mar-
Workers (b) CLARIFICATION ON AUTHORITY TO USE
iana Islands.
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SEC. 2901. ADDITIONAL ENHANCED BENEFITS FUNDS.—Funds appropriated under section
UNDER THE RAILROAD UNEMPLOY- 2112(c) of the CARES Act (15 U.S.C. 9030(c)) Subtitle L—Assistance for Older Americans,
MENT INSURANCE ACT. shall be available to cover the cost of additional Grandfamilies, and Kinship Families
(a) IN GENERAL.—Section 2(a)(5)(A) of the benefits payable due to section 2112(a) of such SEC. 2921. SUPPORTING OLDER AMERICANS AND
Railroad Unemployment Insurance Act (45 Act by reason of the amendments made by sub- THEIR FAMILIES.
U.S.C. 352(a)(5)(A)) is amended— section (a) as well as to cover the cost of such (a) APPROPRIATION.—In addition to amounts
(1) in the first sentence— benefits payable due to such section 2112(a) as otherwise available, there is appropriated for
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H1210 CONGRESSIONAL RECORD — HOUSE March 10, 2021
fiscal year 2021, out of any money in the Treas- and entities across systems that directly work able until September 30, 2027, for making pay-
ury not otherwise appropriated, $1,434,000,000, with grandfamilies and kinship families; ments to eligible grantees under this section—
to remain available until expended, to carry out (4) help government programs, nonprofit and (2) RESERVATION OF FUNDS.—Of the amount
the Older Americans Act of 1965. other community-based organizations, and In- appropriated under paragraph (1), the Secretary
(b) ALLOCATION OF AMOUNTS.—Amounts made dian Tribes, Tribal organizations, and urban In- shall reserve—
available by subsection (a) shall be available as dian organizations, serving grandfamilies and (A) $305,000,000 for making payments under
follows: kinship families, to plan and coordinate re- this section to the Commonwealth of Puerto
(1) $750,000,000 shall be available to carry out sponses to assist grandfamilies and kinship fam- Rico, the United States Virgin Islands, Guam,
part C of title III of such Act. ilies during national, State, Tribal, territorial, the Commonwealth of the Northern Mariana Is-
(2) $25,000,000 shall be available to carry out and local emergencies and disasters; and lands, and American Samoa;
title VI of such Act, including part C of such (5) assist government programs, and nonprofit (B) $30,000,000 for costs of the Secretary for
title. and other community-based organizations, in the administration of emergency rental assist-
(3) $460,000,000 shall be available to carry out promoting equity and implementing culturally ance programs and technical assistance to re-
part B of title III of such Act, including for— and linguistically appropriate approaches as the cipients of any grants made by the Secretary to
(A) supportive services of the types made programs and organizations serve grandfamilies provide financial and other assistance to rent-
available for fiscal year 2020; and kinship families. ers;
(B) efforts related to COVID–19 vaccination (C) $3,000,000 for administrative expenses of
TITLE III—COMMITTEE ON BANKING,
outreach, including education, communication, the Inspector General relating to oversight of
HOUSING, AND URBAN AFFAIRS
transportation, and other activities to facilitate funds provided in this section; and
vaccination of older individuals; and Subtitle A—Defense Production Act of 1950 (D) $2,500,000,000 for payments to high-need
(C) prevention and mitigation activities re- SEC. 3101. COVID–19 EMERGENCY MEDICAL SUP- grantees as provided in this section.
lated to COVID–19 focused on addressing ex- PLIES ENHANCEMENT. (b) ALLOCATION OF FUNDS TO ELIGIBLE
tended social isolation among older individuals, (a) SUPPORTING ENHANCED USE OF THE DE- GRANTEES.—
including activities for investments in techno- FENSE PRODUCTION ACT OF 1950.—In addition to (1) ALLOCATION FOR STATES AND UNITS OF
logical equipment and solutions or other strate- funds otherwise available, there is appropriated, LOCAL GOVERNMENT.—
gies aimed at alleviating negative health effects for fiscal year 2021, out of any money in the (A) IN GENERAL.—The amount appropriated
of social isolation due to long-term stay-at-home Treasury not otherwise appropriated, under paragraph (1) of subsection (a) that re-
recommendations for older individuals for the $10,000,000,000, to remain available until Sep- mains after the application of paragraph (2) of
duration of the COVID–19 public health emer- tember 30, 2025, to carry out titles I, III, and VII such subsection shall be allocated to eligible
gency. of such Act in accordance with subsection (b). grantees described in subparagraphs (A) and (B)
(4) $44,000,000 shall be available to carry out (b) MEDICAL SUPPLIES AND EQUIPMENT.— of subsection (f)(1) in the same manner as the
part D of title III of such Act. (1) TESTING, PPE, VACCINES, AND OTHER MATE- amount appropriated under section 501 of sub-
(5) $145,000,000 shall be available to carry out RIALS.—Except as provided in paragraph (2), title A of title V of division N of the Consoli-
part E of title III of such Act. amounts appropriated in subsection (a) shall be dated Appropriations Act, 2021 (Public Law 116–
(6) $10,000,000 shall be available to carry out used for the purchase, production (including the 260) is allocated to States and units of local gov-
the long-term care ombudsman program under construction, repair, and retrofitting of govern- ernment under subsection (b)(1) of such section,
title VII of such Act. ment-owned or private facilities as necessary), except that section 501(b) of such subtitle A
SEC. 2922. NATIONAL TECHNICAL ASSISTANCE or distribution of medical supplies and equip- shall be applied—
CENTER ON GRANDFAMILIES AND ment (including durable medical equipment) re- (i) without regard to clause (i) of paragraph
KINSHIP FAMILIES. lated to combating the COVID–19 pandemic, in- (1)(A);
(a) IN GENERAL.—In addition to amounts oth- cluding— (ii) by deeming the amount appropriated
erwise available, there is appropriated to the (A) in vitro diagnostic products for the detec- under paragraph (1) of subsection (a) of this Act
Secretary of Health and Human Services for fis- tion of SARS–CoV–2 or the diagnosis of the that remains after the application of paragraph
cal year 2021, out of any money in the Treasury virus that causes COVID–19, and the reagents (2) of such subsection to be the amount deemed
not otherwise appropriated, $10,000,000, to re- and other materials necessary for producing, to apply for purposes of applying clause (ii) of
main available through September 30, 2025, for conducting, or administering such products, and section 501(b)(1)(A) of such subtitle A;
the Secretary, acting through the Administrator the machinery, equipment, laboratory capacity, (iii) by substituting ‘‘$152,000,000’’ for
of the Administration for Community Living, to or other technology necessary to produce such ‘‘$200,000,000’’ each place such term appears;
establish, directly or through grants or con- products; (iv) in subclause (I) of such section
tracts, a National Technical Assistance Center (B) face masks and personal protective equip- 501(b)(1)(A)(v), by substituting ‘‘under section
on Grandfamilies and Kinship Families (in this ment, including face shields, nitrile gloves, N–95 3201 of the American Rescue Plan Act of 2021’’
section referred to as the ‘‘Center’’) to provide filtering facepiece respirators, and any other for ‘‘under section 501 of subtitle A of title V of
training, technical assistance, and resources for masks or equipment (including durable medical division N of the Consolidated Appropriations
government programs, nonprofit and other com- equipment) needed to respond to the COVID–19 Act, 2021’’; and
munity-based organizations, and Indian Tribes, pandemic, and the materials, machinery, addi- (v) in subclause (II) of such section
Tribal organizations, and urban Indian organi- tional manufacturing lines or facilities, or other 501(b)(1)(A)(v), by substituting ‘‘local govern-
zations, that serve grandfamilies and kinship technology necessary to produce such equip- ment elects to receive funds from the Secretary
families to support the health and well-being of ment; and under section 3201 of the American Rescue Plan
members of grandfamilies and kinship families, (C) drugs, devices, and biological products Act of 2021 and will use the funds in a manner
including caregivers, children, and their par- that are approved, cleared, licensed, or author- consistent with such section’’ for ‘‘local govern-
ents. The Center shall focus primarily on serv- ized for use in treating or preventing COVID–19 ment elects to receive funds from the Secretary
ing grandfamilies and kinship families in which and symptoms related to COVID–19, and any under section 501 of subtitle A of title V of divi-
the primary caregiver is an adult age 55 or materials, manufacturing machinery, additional sion N of the Consolidated Appropriations Act,
older, or the child has one or more disabilities. manufacturing or fill-finish lines or facilities, 2021 and will use the funds in a manner con-
(b) ACTIVITIES OF THE CENTER.—The Center technology, or equipment (including durable sistent with such section’’.
shall— medical equipment) necessary to produce or use (B) PRO RATA ADJUSTMENT.—The Secretary
(1) engage experts to stimulate the develop- such drugs, biological products, or devices (in- shall make pro rata adjustments in the amounts
ment of new and identify existing evidence- cluding syringes, vials, or other supplies or of the allocations determined under subpara-
based, evidence-informed, and exemplary prac- equipment related to delivery, distribution, or graph (A) of this paragraph for entities de-
tices or programs related to health promotion administration). scribed in such subparagraph as necessary to
(including mental health and substance use dis- (2) RESPONDING TO PUBLIC HEALTH EMER- ensure that the total amount of allocations
order treatment), education, nutrition, housing, GENCIES.—After September 30, 2022, amounts ap- made pursuant to such subparagraph does not
financial needs, legal issues, disability self-de- propriated in subsection (a) may be used for any exceed the remainder appropriated amount de-
termination, caregiver support, and other issues activity authorized by paragraph (1), or any scribed in such subparagraph.
to help serve caregivers, children, and their par- other activity necessary to meet critical public (2) ALLOCATIONS FOR TERRITORIES.—The
ents in grandfamilies and kinship families; health needs of the United States, with respect amount reserved under subsection (a)(2)(A)
(2) encourage and support the implementation to any pathogen that the President has deter- shall be allocated to eligible grantees described
of the evidence-based, evidence-informed, and mined has the potential for creating a public in subsection (f)(1)(C) in the same manner as
exemplary practices or programs identified health emergency. the amount appropriated under section
under paragraph (1) to support grandfamilies 501(a)(2)(A) of subtitle A of title V of division N
and kinship families and to promote coordina- Subtitle B—Housing Provisions of the Consolidated Appropriations Act, 2021
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tion of services for grandfamilies and kinship SEC. 3201. EMERGENCY RENTAL ASSISTANCE. (Public Law 116–260) is allocated under section
families across systems that support them; (a) FUNDING.— 501(b)(3) of such subtitle A to eligible grantees
(3) facilitate learning across States, territories, (1) APPROPRIATION.—In addition to amounts described under subparagraph (C) of such sec-
Indian Tribes, Tribal organizations, and urban otherwise available, there is appropriated to the tion 501(b)(3), except that section 501(b)(3) of
Indian organizations for providing technical as- Secretary of the Treasury for fiscal year 2021, such subtitle A shall be applied—
sistance, resources, and training related to out of any money in the Treasury not otherwise (A) in subparagraph (A), by inserting ‘‘of sec-
issues described in paragraph (1) to individuals appropriated, $21,550,000,000, to remain avail- tion 3201 of the American Rescue Plan Act of
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1211
2021’’ after ‘‘the amount reserved under sub- (ii) prior to obligating any funds for such pur- SEC. 3202. EMERGENCY HOUSING VOUCHERS.
section (a)(2)(A)’’; and poses, the eligible grantee has obligated not less (a) APPROPRIATION.—In addition to amounts
(B) in clause (i) of subparagraph (B), by sub- than 75 percent of the total funds allocated to otherwise available, there is appropriated to the
stituting ‘‘the amount equal to 0.3 percent of the such eligible grantee in accordance with this Secretary of Housing and Urban Development
amount appropriated under subsection (a)(1)’’ section. (in this section referred to as the ‘‘Secretary’’)
with ‘‘the amount equal to 0.3 percent of the (2) DISTRIBUTION OF ASSISTANCE.—Amounts for fiscal year 2021, out of any money in the
amount appropriated under subsection (a)(1) of appropriated under subsection (a)(1) of this sec- Treasury not otherwise appropriated,
section 3201 of the American Rescue Plan Act of tion shall be subject to the same terms and con- $5,000,000,000, to remain available until Sep-
2021’’. ditions that apply under paragraph (4) of sec- tember 30, 2030, for—
(3) HIGH-NEED GRANTEES.—The Secretary shall tion 501(c) of subtitle A of title V of division N (1) incremental emergency vouchers under
allocate funds reserved under subsection of the Consolidated Appropriations Act, 2021 subsection (b);
(a)(2)(D) to eligible grantees with a high need (Public Law 116–260) to amounts appropriated (2) renewals of the vouchers under subsection
for assistance under this section, with the num- under subsection (a)(1) of such section 501. (b);
ber of very low-income renter households paying (e) REALLOCATION OF FUNDS.— (3) fees for the costs of administering vouchers
more than 50 percent of income on rent or living (1) IN GENERAL.—Beginning March 31, 2022, under subsection (b) and other eligible expenses
in substandard or overcrowded conditions, rent- the Secretary shall reallocate funds allocated to defined by notice to prevent, prepare, and re-
al market costs, and change in employment eligible grantees in accordance with subsection spond to coronavirus to facilitate the leasing of
since February 2020 used as the factors for allo- (b) but not yet paid in accordance with sub- the emergency vouchers, such as security de-
cating funds. section (c)(2) according to a procedure estab- posit assistance and other costs related to reten-
(c) PAYMENT SCHEDULE.— lished by the Secretary. tion and support of participating owners; and
(1) IN GENERAL.—The Secretary shall pay all (2) ELIGIBILITY FOR REALLOCATED FUNDS.— (4) adjustments in the calendar year 2021 sec-
eligible grantees not less than 40 percent of each The Secretary shall require an eligible grantee tion 8 renewal funding allocation, including
such eligible grantee’s total allocation provided to have obligated 50 percent of the total amount mainstream vouchers, for public housing agen-
under subsection (b) within 60 days of enact- of funds allocated to such eligible grantee under cies that experience a significant increase in
ment of this Act. subsection (b) to be eligible to receive funds re- voucher per-unit costs due to extraordinary cir-
(2) SUBSEQUENT PAYMENTS.—The Secretary allocated under paragraph (1) of this sub- cumstances or that, despite taking reasonable
shall pay to eligible grantees additional section. cost savings measures, would otherwise be re-
amounts in tranches up to the full amount of (3) PAYMENT OF REALLOCATED FUNDS BY THE quired to terminate rental assistance for families
each such eligible grantee’s total allocation in SECRETARY.—The Secretary shall pay to each el- as a result of insufficient funding.
accordance with a procedure established by the igible grantee eligible for a payment of reallo- (b) EMERGENCY VOUCHERS.—
Secretary, provided that any such procedure es- cated funds described in paragraph (2) of this (1) IN GENERAL.—The Secretary shall provide
tablished by the Secretary shall require that an subsection the amount allocated to such eligible emergency rental assistance vouchers under
eligible grantee must have obligated not less grantee in accordance with the procedure estab- subsection (a), which shall be tenant-based
than 75 percent of the funds already disbursed lished by the Secretary in accordance with rental assistance under section 8(o) of the
by the Secretary pursuant to this section prior paragraph (1) of this subsection. United States Housing Act of 1937 (42 U.S.C.
to disbursement of additional amounts. (4) USE OF REALLOCATED FUNDS.—Eligible 1437f(o)).
(d) USE OF FUNDS.— grantees may use any funds received in accord- (2) QUALIFYING INDIVIDUALS OR FAMILIES DE-
(1) IN GENERAL.—An eligible grantee shall ance with this subsection only for purposes FINED.—For the purposes of this section, quali-
only use the funds provided from payments specified in paragraph (1) of subsection (d). fying individuals or families are those who are—
made under this section as follows: (f) DEFINITIONS.—In this section: (A) homeless (as such term is defined in sec-
(A) FINANCIAL ASSISTANCE.— (1) ELIGIBLE GRANTEE.—The term ‘‘eligible tion 103(a) of the McKinney-Vento Homeless As-
(i) IN GENERAL.—Subject to clause (ii) of this grantee’’ means any of the following: sistance Act (42 U.S.C. 11302(a));
subparagraph, funds received by an eligible (A) The 50 States of the United States and the (B) at risk of homelessness (as such term is de-
grantee from payments made under this section District of Columbia. fined in section 401(1) of the McKinney-Vento
(B) A unit of local government (as defined in Homeless Assistance Act (42 U.S.C. 11360(1)));
shall be used to provide financial assistance to
paragraph (5)). (C) fleeing, or attempting to flee, domestic vio-
eligible households, not to exceed 18 months, in-
(C) The Commonwealth of Puerto Rico, the lence, dating violence, sexual assault, stalking,
cluding the payment of—
United States Virgin Islands, Guam, the Com- or human trafficking, as defined by the Sec-
(I) rent;
monwealth of the Northern Mariana Islands, retary; or
(II) rental arrears;
and American Samoa. (D) recently homeless, as determined by the
(III) utilities and home energy costs;
(2) ELIGIBLE HOUSEHOLD.—The term ‘‘eligible
(IV) utilities and home energy costs arrears; Secretary, and for whom providing rental assist-
household’’ means a household of 1 or more in-
and ance will prevent the family’s homelessness or
dividuals who are obligated to pay rent on a
(V) other expenses related to housing, as de- having high risk of housing instability.
residential dwelling and with respect to which (3) ALLOCATION.—The Secretary shall notify
fined by the Secretary.
(ii) LIMITATION.—The aggregate amount of fi- the eligible grantee involved determines that— public housing agencies of the number of emer-
(A) 1 or more individuals within the house-
nancial assistance an eligible household may re- gency vouchers provided under this section to be
hold has—
ceive under this section, when combined with fi- allocated to the agency not later than 60 days
(i) qualified for unemployment benefits; or
nancial assistance provided under section 501 of (ii) experienced a reduction in household in- after the date of the enactment of this Act, in
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.
may be used to provide case management and (C) the household is a low-income family (as (4) TERMS AND CONDITIONS.—
other services intended to help keep households such term is defined in section 3(b) of the United (A) ELECTION TO ADMINISTER.—The Secretary
stably housed. States Housing Act of 1937 (42 U.S.C. 1437a(b)). shall establish a procedure for public housing
(C) ADMINISTRATIVE COSTS.—Not more than 15 (3) INSPECTOR GENERAL.—The term ‘‘Inspector agencies to accept or decline the emergency
percent of the total amount paid to an eligible General’’ means the Inspector General of the vouchers allocated to the agency in accordance
grantee under this section may be used for ad- Department of the Treasury. with the formula under subparagraph (3).
ministrative costs attributable to providing fi- (4) SECRETARY.—The term ‘‘Secretary’’ means (B) FAILURE TO USE VOUCHERS PROMPTLY.—If
nancial assistance, housing stability services, the Secretary of the Treasury. a public housing agency fails to lease its au-
and other affordable rental housing and evic- (5) UNIT OF LOCAL GOVERNMENT.—The term thorized vouchers under subsection (b) on behalf
tion prevention activities, including for data ‘‘unit of local government’’ has the meaning of eligible families within a reasonable period of
collection and reporting requirements related to given such term in section 501 of subtitle A of time, the Secretary may revoke and redistribute
such funds. title V of division N of the Consolidated Appro- any unleased vouchers and associated funds,
(D) OTHER AFFORDABLE RENTAL HOUSING AND priations Act, 2021 (Public Law 116–260). including administrative fees and costs referred
EVICTION PREVENTION ACTIVITIES.—An eligible (g) AVAILABILITY.—Funds provided to an eli- to in subsection (a)(3), to other public housing
grantee may use any funds from payments made gible grantee under a payment made under this agencies according to the formula under para-
under this section that are unobligated on Octo- section shall remain available through Sep- graph (3).
ber 1, 2022, for purposes in addition to those tember 30, 2025. (5) WAIVERS AND ALTERNATIVE REQUIRE-
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specified in this paragraph, provided that— (h) EXTENSION OF AVAILABILITY UNDER PRO- MENTS.—The Secretary may waive or specify al-
(i) such other purposes are affordable rental GRAM FOR EXISTING FUNDING.—Paragraph (1) of ternative requirements for any provision of the
housing and eviction prevention purposes, as section 501(e) of subtitle A of title V of division United States Housing Act of 1937 (42 U.S.C.
defined by the Secretary, serving very low-in- N of the Consolidated Appropriations Act, 2021 1437 et seq.) or regulation applicable to such
come families (as such term is defined in section (Public Law 116–260) is amended by striking statute other than requirements related to fair
3(b) of the United States Housing Act of 1937 (42 ‘‘December 31, 2021’’ and inserting ‘‘September housing, nondiscrimination, labor standards,
U.S.C. 1437a(b))); and 30, 2022’’. and the environment, upon a finding that the
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H1212 CONGRESSIONAL RECORD — HOUSE March 10, 2021
waiver or alternative requirement is necessary to eviction, default, foreclosure, loss of income, or teen percent of its allocation for administrative
expedite or facilitate the use of amounts made homelessness; and planning costs.
available in this section. (2) education, outreach, training, technology (3) OPERATING EXPENSES.—Notwithstanding
(6) TERMINATION OF VOUCHERS UPON TURN- upgrades, and other program related support; sections 212(a) and (g) of the Act (42 U.S.C.
OVER.—After September 30, 2023, a public hous- and 12742(a) and (g)), a grantee may use up to an
ing agency may not reissue any vouchers made (3) operational oversight funding for grantees additional five percent of its allocation for the
available under this section when assistance for and subgrantees that receive funds under this payment of operating expenses of community
the family assisted ends. section. housing development organizations and non-
(c) TECHNICAL ASSISTANCE AND OTHER SEC. 3205. HOMELESSNESS ASSISTANCE AND SUP- profit organizations carrying out activities au-
COSTS.—The Secretary may use not more PORTIVE SERVICES PROGRAM. thorized under this section, but only if—
$20,000,000 of the amounts made available under (a) APPROPRIATION.—In addition to amounts (A) such funds are used to develop the capac-
this section for the costs to the Secretary of ad- otherwise available, there is appropriated to the ity of the community housing development orga-
ministering and overseeing the implementation Secretary of Housing and Urban Development nization or nonprofit organization in the juris-
of this section and the Housing Choice Voucher (in this section referred to as the ‘‘Secretary’’) diction or insular area to carry out activities
program generally, including information tech- for fiscal year 2021, out of any money in the authorized under this section; and
nology, financial reporting, and other costs. Of Treasury not otherwise appropriated, (B) the community housing development orga-
the amounts set aside under this subsection, the $5,000,000,000, to remain available until Sep- nization or nonprofit organization complies with
Secretary may use not more than $10,000,000, tember 30, 2025, except that amounts authorized the limitation on assistance in section 234(b) of
without competition, to make new awards or in- under subsection (d)(3) shall remain available the Act (42 U.S.C. 12774(b)).
crease prior awards to existing technical assist- until September 30, 2029, for assistance under (4) CONTRACTING.—A grantee, when con-
ance providers to provide an immediate increase title II of the Cranston-Gonzalez National Af- tracting with service providers engaged directly
in capacity building and technical assistance to fordable Housing Act (42 U.S.C. 12721 et seq.) in the provision of services under paragraph
public housing agencies. for the following activities to primarily benefit (a)(3), shall, to the extent practicable, enter into
(d) IMPLEMENTATION.—The Secretary may im- qualifying individuals or families: contracts in amounts that cover the actual total
plement the provisions of this section by notice. (1) Tenant-based rental assistance. program costs and administrative overhead to
SEC. 3203. EMERGENCY ASSISTANCE FOR RURAL (2) The development and support of affordable provide the services contracted.
HOUSING. housing pursuant to section 212(a) of the Cran- (d) ALLOCATION.—
In addition to amounts otherwise available, ston-Gonzalez National Affordable Housing Act (1) FORMULA ASSISTANCE.—Except as provided
there is appropriated to the Secretary of Agri- (42 U.S.C. 12742(a)) (‘‘the Act’’ herein). in paragraphs (2) and (3), the Secretary shall
culture for fiscal year 2021, out of any money in (3) Supportive services to qualifying individ- allocate amounts made available under this sec-
the Treasury not otherwise appropriated, uals or families not already receiving such sup- tion pursuant to section 217 of the Act (42
$100,000,000, to remain available until September portive services, including— U.S.C. 12747) to grantees that received alloca-
30, 2022, to provide grants under section (A) activities listed in section 401(29) of the tions pursuant to that same formula in fiscal
521(a)(2) of the Housing Act of 1949 or agree- McKinney-Vento Homeless Assistance Act (42 year 2021, and shall make such allocations with-
ments entered into in lieu of debt forgiveness or U.S.C. 11360(29)); in 30 days of enactment of this Act.
payments for eligible households as authorized (B) housing counseling; and (2) TECHNICAL ASSISTANCE.—Up to $25,000,000
by section 502(c)(5)(D) of the Housing Act of (C) homeless prevention services. of the amounts made available under this sec-
1949, for temporary adjustment of income losses (4) The acquisition and development of non- tion shall be used, without competition, to make
for residents of housing financed or assisted congregate shelter units, all or a portion of new awards or increase prior awards to existing
under section 514, 515, or 516 of the Housing Act which may— technical assistance providers to provide an im-
of 1949 who have experienced income loss but (A) be converted to permanent affordable mediate increase in capacity building and tech-
are not currently receiving Federal rental assist- housing; nical assistance available to any grantees imple-
ance. (B) be used as emergency shelter under sub- menting activities or projects consistent with
title B of title IV of the McKinney-Vento Home- this section.
SEC. 3204. HOUSING COUNSELING.
less Assistance Act (42 U.S.C. 11371–11378); (3) OTHER COSTS.—Up to $50,000,000 of the
(a) APPROPRIATION.—In addition to amounts (C) be converted to permanent housing under
otherwise available, there is appropriated to the amounts made available under this section shall
subtitle C of title IV of the McKinney-Vento be used for the administrative costs to oversee
Neighborhood Reinvestment Corporation (in this Homeless Assistance Act (42 U.S.C. 11381–11389);
section referred to as the ‘‘Corporation’’) for fis- and administer implementation of this section
or and the HOME program generally, including in-
cal year 2021, out of any money in the Treasury (D) remain as non-congregate shelter units.
not otherwise appropriated, $100,000,000, to re- formation technology, financial reporting, and
(b) QUALIFYING INDIVIDUALS OR FAMILIES DE-
main available until September 30, 2025, for other costs.
FINED.—For the purposes of this section, quali-
grants to housing counseling intermediaries ap- (4) WAIVERS OR ALTERNATIVE REQUIRE-
fying individuals or families are those who are—
proved by the Department of Housing and MENTS.—The Secretary may waive or specify al-
(1) homeless, as defined in section 103(a) of
Urban Development, State housing finance ternative requirements for any provision of the
the McKinney-Vento Homeless Assistance Act
agencies, and NeighborWorks organizations for Cranston-Gonzalez National Affordable Housing
(42 U.S.C. 11302(a));
providing housing counseling services, as au- Act (42 U.S.C. 12701 et seq.) and titles I and IV
(2) at-risk of homelessness, as defined in sec-
thorized under the Neighborhood Reinvestment of the McKinney-Vento Homelessness Act (42
tion 401(1) of the McKinney-Vento Homeless As-
Corporation Act (42 U.S.C. 8101–8107) and con- U.S.C. 11301 et seq., 11360 et seq.) or regulation
sistance Act (42 U.S.C. 11360(1));
sistent with the discretion set forth in section (3) fleeing, or attempting to flee, domestic vio- for the administration of the amounts made
606(a)(5) of such Act (42 U.S.C. 8105(a)(5)) to de- lence, dating violence, sexual assault, stalking, available under this section other than require-
sign and administer grant programs. Of the or human trafficking, as defined by the Sec- ments related to fair housing, nondiscrimina-
grant funds made available under this sub- retary; tion, labor standards, and the environment,
section, not less than 40 percent shall be pro- (4) in other populations where providing sup- upon a finding that the waiver or alternative re-
vided to counseling organizations that— portive services or assistance under section quirement is necessary to expedite or facilitate
(1) target housing counseling services to mi- 212(a) of the Act (42 U.S.C. 12742(a)) would pre- the use of amounts made available under this
nority and low-income populations facing hous- vent the family’s homelessness or would serve section.
ing instability; or those with the greatest risk of housing insta- SEC. 3206. HOMEOWNER ASSISTANCE FUND.
(2) provide housing counseling services in bility; or (a) APPROPRIATION.—In addition to amounts
neighborhoods having high concentrations of (5) veterans and families that include a vet- otherwise available, there is appropriated to the
minority and low-income populations. eran family member that meet one of the pre- Secretary of the Treasury for the Homeowner
(b) LIMITATION.—The aggregate amount pro- ceding criteria. Assistance Fund established under subsection
vided to NeighborWorks organizations under (c) TERMS AND CONDITIONS.— (c) for fiscal year 2021, out of any money in the
this section shall not exceed 15 percent of the (1) FUNDING RESTRICTIONS.—The cost limits in Treasury not otherwise appropriated,
total of grant funds made available by sub- section 212(e) (42 U.S.C. 12742(e)), the commit- $9,961,000,000, to remain available until Sep-
section (a). ment requirements in section 218(g) (42 U.S.C. tember 30, 2025, for qualified expenses that meet
(c) ADMINISTRATION AND OVERSIGHT.—The 12748(g)), the matching requirements in section the purposes specified under subsection (c) and
Corporation may retain a portion of the 220 (42 U.S.C. 12750), and the set-aside for hous- expenses described in subsection (d)(1).
amounts provided under this section, in a pro- ing developed, sponsored, or owned by commu- (b) DEFINITIONS.—In this section:
portion consistent with its standard rate for nity housing development organizations re- (1) CONFORMING LOAN LIMIT.—The term ‘‘con-
program administration in order to cover its ex- quired in section 231 of the Act (42 U.S.C. 12771) forming loan limit’’ means the applicable limita-
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penses related to program administration and shall not apply for amounts made available in tion governing the maximum original principal
oversight. this section. obligation of a mortgage secured by a single-
(d) HOUSING COUNSELING SERVICES DEFINED.— (2) ADMINISTRATIVE COSTS.— Notwithstanding family residence, a mortgage secured by a 2-fam-
For the purposes of this section, the term ‘‘hous- sections 212(c) and (d)(1) of the Act (42 U.S.C. ily residence, a mortgage secured by a 3-family
ing counseling services’’ means— 12742(c) and (d)(1)), of the funds made available residence, or a mortgage secured by a 4-family
(1) housing counseling provided directly to in this section for carrying out activities author- residence, as determined and adjusted annually
households facing housing instability, such as ized in this section, a grantee may use up to fif- under section 302(b)(2) of the Federal National
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1213
Mortgage Association Charter Act (12 U.S.C. amounts under subsection (d) or (f) shall be date of enactment of this Act, such State shall
1717(b)(2)) and section 305(a)(2) of the Federal used for qualified expenses that assist home- not be eligible for a payment from the Secretary
Home Loan Mortgage Corporation Act (12 owners having incomes equal to or less than 100 pursuant to this section, and the Secretary
U.S.C. 1454(a)(2)). percent of the area median income for their shall, by the 180th day after the date of enact-
(2) DWELLING.—The term ‘‘dwelling’’ means household size or equal to or less than 100 per- ment of this Act, reallocate any funds that were
any building, structure, or portion thereof cent of the median income for the United States, not requested by such State among the States
which is occupied as, or designed or intended as determined by the Secretary of Housing and that have requested funds by the 45th day after
for occupancy as, a residence by one or more in- Urban Development, whichever is greater. The the date of enactment of this Act. For any such
dividuals. eligible entity shall prioritize remaining funds to reallocation of funds, the Secretary shall adhere
(3) ELIGIBLE ENTITY.—The term ‘‘eligible enti- socially disadvantaged individuals. to the requirements of subsection (d), except for
ty’’ means— (d) ALLOCATION OF FUNDS.— paragraph (1), to the greatest extent possible,
(A) a State; or (1) ADMINISTRATION.—Of any amounts made provided that the Secretary shall also take into
(B) any entity eligible for payment under sub- available under this section, the Secretary shall consideration in determining such reallocation a
section (f). reserve— State’s remaining need and a State’s record of
(4) MORTGAGE.—The term ‘‘mortgage’’ means (A) to the Department of the Treasury, an using payments from the Fund to serve home-
any credit transaction— amount not to exceed $40,000,000 to administer owners at disproportionate risk of mortgage de-
(A) that is secured by a mortgage, deed of and oversee the Fund, and to provide technical fault, foreclosure, or displacement, including
trust, or other consensual security interest on a assistance to eligible entities for the creation homeowners having incomes equal to or less
principal residence of a borrower that is (i) a 1- and implementation of State and tribal pro- than 100 percent of the area median income for
to 4-unit dwelling, or (ii) residential real prop- grams to administer assistance from the Fund; their household size or 100 percent of the median
erty that includes a 1- to 4-unit dwelling; and and income for the United States, as determined by
(B) the unpaid principal balance of which (B) to the Inspector General of the Depart- the Secretary of Housing and Urban Develop-
was, at the time of origination, not more than ment of the Treasury, an amount to not exceed ment, whichever is greater, and minority home-
the conforming loan limit. $2,600,000 for oversight of the program under owners.
(5) FUND.—The term ‘‘Fund’’ means the this section. (f) TRIBAL SET-ASIDE.—
Homeowner Assistance Fund established under (2) FOR STATES.—After the application of (1) SET-ASIDE.—Notwithstanding any other
subsection (c). paragraphs (1), (4), and (5) of this subsection provision of this section, of the amounts appro-
(6) SECRETARY.—The term ‘‘Secretary’’ means and subject to paragraph (3) of this subsection, priated under subsection (a), the Secretary shall
the Secretary of the Treasury. the Secretary shall allocate the remaining funds use 5 percent to make payments to entities that
(7) STATE.—The term ‘‘State’’ means any State available within the Homeowner Assistance are eligible for payments under clauses (i) and
of the United States, the District of Columbia, Fund to each State of the United States, the (ii) of section 501(b)(2)(A) of subtitle A of title V
the Commonwealth of Puerto Rico, Guam, District of Columbia, and the Commonwealth of of division N of the Consolidated Appropriations
American Samoa, the United States Virgin Is- Puerto Rico based on homeowner need, for such Act, 2021 (Public Law 116–260) for the purposes
lands, and the Commonwealth of the Northern State relative to all States of the United States, described in subsection (c).
Mariana Islands. the District of Columbia, and the Common- (2) ALLOCATION AND PAYMENT.—The Secretary
(c) ESTABLISHMENT OF FUND.— wealth of Puerto Rico, as of the date of the en- shall allocate the funds set aside under para-
(1) ESTABLISHMENT; QUALIFIED EXPENSES.— actment of this Act, which is determined by ref- graph (1) using the allocation formulas de-
There is established in the Department of the erence to— scribed in clauses (i) and (ii) of section
Treasury a Homeowner Assistance Fund to miti- (A) the average number of unemployed indi- 501(b)(2)(A) of subtitle A of title V of division N
gate financial hardships associated with the viduals measured over a period of time not fewer of the Consolidated Appropriations Act, 2021
coronavirus pandemic by providing such funds than 3 months and not more than 12 months; (Public Law 116–260), and shall make payments
as are appropriated by subsection (a) to eligible and of such amounts beginning no later than 45
entities for the purpose of preventing home- (B) the total number of mortgagors with— days after enactment of this Act to entities eligi-
owner mortgage delinquencies, defaults, fore- (i) mortgage payments that are more than 30 ble for payment under clauses (i) and (ii) of sec-
closures, loss of utilities or home energy services, days past due; or tion 501(b)(2)(A) of subtitle A of title V of divi-
and displacements of homeowners experiencing (ii) mortgages in foreclosure. sion N of the Consolidated Appropriations Act,
financial hardship after January 21, 2020, (3) SMALL STATE MINIMUM.— 2021 (Public Law 116–260) that notify the Sec-
through qualified expenses related to mortgages (A) IN GENERAL.—Each State of the United retary that they request to receive payments al-
and housing, which include— States, the District of Columbia, and the Com- located from the Fund by the Secretary for pur-
(A) mortgage payment assistance; monwealth of Puerto Rico shall receive no less poses described under subsection (c) and will use
(B) financial assistance to allow a homeowner than $50,000,000 for the purposes established in such payments in compliance with this section.
to reinstate a mortgage or to pay other housing (c). (3) ADJUSTMENT.—Allocations provided under
related costs related to a period of forbearance, (B) PRO RATA ADJUSTMENTS.—The Secretary this subsection may be further adjusted as pro-
delinquency, or default; shall adjust on a pro rata basis the amount of vided by section 501(b)(2)(B) of subtitle A of title
(C) principal reduction; the payments for each State of the United V of division N of the Consolidated Appropria-
(D) facilitating interest rate reductions; States, the District of Columbia, and the Com- tions Act, 2021 (Public Law 116–260).
(E) payment assistance for— monwealth of Puerto Rico determined under this SEC. 3207. RELIEF MEASURES FOR SECTION 502
(i) utilities, including electric, gas, home en- subsection without regard to this subparagraph AND 504 DIRECT LOAN BORROWERS.
ergy, and water; to the extent necessary to comply with the re- (a) APPROPRIATION.—In addition to amounts
(ii) internet service, including broadband quirements of subparagraph (A). otherwise available, there is appropriated to the
internet access service, as defined in section (4) TERRITORY SET-ASIDE.—Notwithstanding Secretary of Agriculture (in this section referred
8.1(b) of title 47, Code of Federal Regulations (or any other provision of this section, of the to as the ‘‘Secretary’’) for fiscal year 2021, out
any successor regulation); amounts appropriated under subsection (a), the of any money in the Treasury not otherwise ap-
(iii) homeowner’s insurance, flood insurance, Secretary shall reserve $30,000,000 to be dis- propriated, $39,000,000, to remain available until
and mortgage insurance; and bursed to Guam, American Samoa, the United September 30, 2023, for direct loans made under
(iv) homeowner’s association, condominium States Virgin Islands, and the Commonwealth of sections 502 and 504 of the Housing Act of 1949
association fees, or common charges; the Northern Mariana Islands based on each (42 U.S.C. 1472, 1474).
(F) reimbursement of funds expended by a such territory’s share of the combined total pop- (b) ADMINISTRATIVE EXPENSES.—The Sec-
State, local government, or designated entity ulation of all such territories, as determined by retary may use not more than 3 percent of the
under subsection (f) during the period beginning the Secretary. For the purposes of this para- amounts appropriated under this section for ad-
on January 21, 2020, and ending on the date graph, population shall be determined based on ministrative purposes.
that the first funds are disbursed by the eligible the most recent year for which data are avail- SEC. 3208. FAIR HOUSING ACTIVITIES.
entity under the Homeowner Assistance Fund, able from the United States Census Bureau. (a) APPROPRIATION.—In addition to amounts
for the purpose of providing housing or utility (5) TRIBAL SET-ASIDE.—The Secretary shall al- otherwise available, there is appropriated to the
payment assistance to homeowners or otherwise locate funds to any eligible entity designated Secretary of Housing and Urban Development
providing funds to prevent foreclosure or post- under subsection (f) pursuant to the require- (in this section referred to as the ‘‘Secretary’’)
foreclosure eviction of a homeowner or prevent ments of that subsection. for fiscal year 2021, out of any money in the
mortgage delinquency or loss of housing or utili- (e) DISTRIBUTION OF FUNDS TO STATES.— Treasury not otherwise appropriated,
ties as a response to the coronavirus disease (1) IN GENERAL.—The Secretary shall make $20,000,000, to remain available until September
(COVID) pandemic; and payments, beginning not later than 45 days 30, 2023, for the Fair Housing Initiatives Pro-
(G) any other assistance to promote housing after enactment of this Act, from amounts allo- gram under section 561 of the Housing and Com-
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stability for homeowners, including preventing cated under subsection (d) to eligible entities munity Development Act of 1987 (42 U.S.C.
mortgage delinquency, default, foreclosure, that have notified the Secretary that they re- 3616a) to ensure fair housing organizations have
post-foreclosure eviction of a homeowner, or the quest to receive payment from the Fund and additional resources to address fair housing in-
loss of utility or home energy services, as deter- that the eligible entity will use such payments quiries, complaints, investigations, education
mined by the Secretary. in compliance with this section. and outreach activities, and costs of delivering
(2) TARGETING.—Not less than 60 percent of (2) REALLOCATION.—If a State does not re- or adapting services, during or relating to the
amounts made to each eligible entity allocated quest allocated funds by the 45th day after the coronavirus pandemic.
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H1214 CONGRESSIONAL RECORD — HOUSE March 10, 2021
(b) ADMINISTRATIVE EXPENSES.—The Sec- end of the end of the 6-year period beginning on BY SOCIALLY AND ECONOMICALLY DISADVAN-
retary may use not more than 3 percent of the the date that the Secretary approves the State TAGED INDIVIDUALS.—Of the amounts appro-
amounts appropriated under this section for ad- for participation. priated for fiscal year 2021 to carry out the Pro-
ministrative purposes. ‘‘(B) REALLOCATION.—Any amount deemed by gram, the Secretary shall set aside $1,000,000,000
Subtitle C—Small Business (SSBCI) the Secretary to be no longer allocated to a for an incentive program under which the Sec-
State and no longer available to such State retary shall increase the second 1⁄3 and last 1⁄3
SEC. 3301. STATE SMALL BUSINESS CREDIT INI-
TIATIVE. under subparagraph (A) may be reallocated by allocations for States that demonstrate robust
(a) STATE SMALL BUSINESS CREDIT INITIA- the Secretary to other participating States. In support, as determined by the Secretary, for
TIVE.—
making such a reallocation, the Secretary shall business concerns owned and controlled by so-
(1) IN GENERAL.—The State Small Business not take into account the minimum allocation cially and economically disadvantaged individ-
Credit Initiative Act of 2010 (12 U.S.C. 5701 et requirements under subsection (b)(2)(B) or the uals in the deployment of prior allocation
seq.) is amended— specific allocation for Tribal governments de- amounts.’’.
(A) in section 3003— scribed under subsection (b)(2)(C).’’; (c) ADDITIONAL ALLOCATIONS TO SUPPORT
(i) in subsection (b)— (B) in section 3004(d), by striking ‘‘date of en- VERY SMALL BUSINESSES.—Section 3003 of the
(I) by amending paragraph (1) to read as fol- actment of this Act’’ each place it appears and State Small Business Credit Initiative Act of
lows: inserting ‘‘date of the enactment of section 2010 (12 U.S.C. 5702), as amended by subsection
‘‘(1) IN GENERAL.—Not later than 30 days after 3003(d)’’; (b), is further amended by adding at the end the
the date of enactment of subsection (d), the Sec- (C) in section 3005(b), by striking ‘‘date of en- following:
retary shall allocate Federal funds to partici- actment of this Act’’ each place it appears and ‘‘(f) ADDITIONAL ALLOCATIONS TO SUPPORT
pating States so that each State is eligible to re- inserting ‘‘date of the enactment of section VERY SMALL BUSINESSES.—
ceive an amount equal to what the State would 3003(d)’’; ‘‘(1) IN GENERAL.—Of the amounts appro-
receive under the 2021 allocation, as determined (D) in section 3006(b)(4), by striking ‘‘date of priated to carry out the Program, the Secretary
under paragraph (2).’’; enactment of this Act’’ and inserting ‘‘date of shall allocate not less than $500,000,000 to States
(II) in paragraph (2)— the enactment of section 3003(d)’’; from funds allocated under this section to be ex-
(aa) by striking ‘‘2009’’ each place such term (E) in section 3007(b), by striking ‘‘March 31, pended for very small businesses.
appears and inserting ‘‘2021’’; 2011’’ and inserting ‘‘March 31, 2022’’; ‘‘(2) VERY SMALL BUSINESS DEFINED.—In this
(bb) by striking ‘‘2008’’ each place such term (F) in section 3009, by striking ‘‘date of enact- subsection, the term ‘very small business’—
appears and inserting ‘‘2020’’; ment of this Act’’ each place it appears and in- ‘‘(A) means a business with fewer than 10 em-
(cc) in subparagraph (A), by striking ‘‘The serting ‘‘date of the enactment of section ployees; and
Secretary’’ and inserting ‘‘With respect to States 3003(d)’’; and ‘‘(B) may include independent contractors
other than Tribal governments, the Secretary’’; (G) in section 3011(b), by striking ‘‘date of the and sole proprietors.’’.
(dd) in subparagraph (C)(i), by striking enactment of this Act’’ each place it appears (d) TECHNICAL ASSISTANCE.—Section 3009 of
‘‘2007’’ and inserting ‘‘2019’’; and and inserting ‘‘date of the enactment of section the State Small Business Credit Initiative Act of
(ee) by adding at the end the following: 3003(d)’’. 2010 (12 U.S.C. 5708) is amended by adding at
‘‘(C) SEPARATE ALLOCATION FOR TRIBAL GOV- (2) APPROPRIATION.— the end the following:
ERNMENTS.— (A) IN GENERAL.—In addition to amounts oth- ‘‘(e) TECHNICAL ASSISTANCE.—Of the amounts
‘‘(i) IN GENERAL.—With respect to States that erwise available, there is hereby appropriated to appropriated for fiscal year 2021 to carry out the
are Tribal governments, the Secretary shall de- the Secretary of the Treasury for fiscal year Program, $500,000,000 may be used by the Sec-
termine the 2021 allocation by allocating 2021, out of any money in the Treasury not oth- retary to—
$500,000,000 among the Tribal governments in erwise appropriated, $10,000,000,000, to remain ‘‘(1) provide funds to States to carry out a
the proportion the Secretary determines appro- available until expended, to provide support to technical assistance plan under which a State
priate, including with consideration to available small businesses responding to and recovering will provide legal, accounting, and financial ad-
employment and economic data regarding each from the economic effects of the COVID–19 pan- visory services, either directly or contracted
such Tribal government. demic, ensure business enterprises owned and with legal, accounting, and financial advisory
‘‘(ii) NOTICE OF INTENT; TIMING OF ALLOCA- controlled by socially and economically dis- firms, with priority given to business enterprises
TION.—With respect to allocations to States that advantaged individuals have access to credit owned and controlled by socially and economi-
are Tribal governments, the Secretary may— and investments, provide technical assistance to cally disadvantaged individuals, to very small
‘‘(I) require Tribal governments that individ- help small businesses applying for various sup- businesses and business enterprises owned and
ually or jointly wish to participate in the Pro- port programs, and to pay reasonable costs of controlled by socially and economically dis-
gram to file a notice of intent with the Secretary administering such Initiative. advantaged individuals applying for—
not later than 30 days after the date of enact- (B) RESCISSION.—With respect to amounts ap- ‘‘(A) State programs under the Program; and
propriated under subparagraph (A)— ‘‘(B) other State or Federal programs that
ment of subsection (d); and
‘‘(II) notwithstanding paragraph (1), allocate (i) the Secretary of the Treasury shall com- support small businesses;
plete all disbursements and remaining obliga- ‘‘(2) transfer amounts to the Minority Busi-
Federal funds to participating Tribal govern-
tions before September 30, 2030; and ness Development Agency, so that the Agency
ments not later than 60 days after the date of
(ii) any amounts that remain unexpended may use such amounts in a manner the Agency
enactment of subsection (d).
(whether obligated or unobligated) on September determines appropriate, including through con-
‘‘(D) EMPLOYMENT DATA.—If the Secretary de-
30, 2030, shall be rescinded and deposited into tracting with third parties, to provide technical
termines that employment data with respect to a
the general fund of the Treasury. assistance to business enterprises owned and
State is unavailable from the Bureau of Labor
(b) ADDITIONAL ALLOCATIONS TO SUPPORT controlled by socially and economically dis-
Statistics of the Department of Labor, the Sec-
BUSINESS ENTERPRISES OWNED AND CONTROLLED advantaged individuals applying to—
retary shall consider such other economic and
BY SOCIALLY AND ECONOMICALLY DISADVAN-
‘‘(A) State programs under the Program; and
employment data that is otherwise available for ‘‘(B) other State or Federal programs that
purposes of determining the employment data of TAGED INDIVIDUALS.—Section 3003 of the State
support small businesses; and
such State.’’; and Small Business Credit Initiative Act of 2010 (12
‘‘(3) contract with legal, accounting, and fi-
(III) by striking paragraph (3); and U.S.C. 5702) is amended by adding at the end
nancial advisory firms (with priority given to
(ii) in subsection (c)— the following:
business enterprises owned and controlled by so-
(I) in paragraph (1)(A)(iii), by inserting before ‘‘(d) ADDITIONAL ALLOCATIONS TO SUPPORT
cially and economically disadvantaged individ-
the period the following: ‘‘that have delivered BUSINESS ENTERPRISES OWNED AND CONTROLLED
uals), to provide technical assistance to business
loans or investments to eligible businesses’’; and BY SOCIALLY AND ECONOMICALLY DISADVAN-
enterprises owned and controlled by socially
(II) by amending paragraph (4) to read as fol- TAGED INDIVIDUALS.—Of the amounts appro-
and economically disadvantaged individuals ap-
lows: priated for fiscal year 2021 to carry out the Pro-
plying to—
‘‘(4) TERMINATION OF AVAILABILITY OF gram, the Secretary shall— ‘‘(A) State programs under the Program; and
AMOUNTS NOT TRANSFERRED.— ‘‘(1) allocate $1,500,000,000 to States from ‘‘(B) other State or Federal programs that
‘‘(A) IN GENERAL.—Any portion of a partici- funds allocated under this section and, by regu- support small businesses.’’.
pating State’s allocated amount that has not lation or other guidance, prescribe Program re- (e) INCLUSION OF TRIBAL GOVERNMENTS.—Sec-
been transferred to the State under this section quirements that the funds be expended for busi- tion 3002(10) of the State Small Business Credit
may be deemed by the Secretary to be no longer ness enterprises owned and controlled by so- Initiative Act of 2010 (12 U.S.C. 5701(10)) is
allocated to the State and no longer available to cially and economically disadvantaged individ- amended—
the State and shall be returned to the general uals; and (1) in subparagraph (C), by striking ‘‘and’’ at
fund of the Treasury or reallocated as described ‘‘(2) allocate such amounts to States based on the end;
under subparagraph (B), if— the needs of business enterprises owned and (2) in subparagraph (D), by striking the pe-
dlhill on DSK120RN23PROD with HOUSE
‘‘(i) the second 1⁄3 of a State’s allocated controlled by socially and economically dis- riod at the end and inserting ‘‘; and’’; and
amount has not been transferred to the State be- advantaged individuals, as determined by the (3) by adding at the end the following:
fore the end of the end of the 3-year period be- Secretary, in each State, and not subject to the ‘‘(E) a Tribal government, or a group of Tribal
ginning on the date that the Secretary approves allocation formula described under subsection governments that jointly apply for an alloca-
the State for participation; or (b). tion.’’.
‘‘(ii) the last 1⁄3 of a State’s allocated amount ‘‘(e) INCENTIVE ALLOCATIONS TO SUPPORT (f) DEFINITIONS.—Section 3002 of the State
has not been transferred to the State before the BUSINESS ENTERPRISES OWNED AND CONTROLLED Small Business Credit Initiative Act of 2010 (12
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1215
U.S.C. 5701) is amended by adding at the end public health emergency, including the purchase (ii) any State that does not receive an alloca-
the following: of personal protective equipment; and tion under clause (i) that received an amount
‘‘(15) BUSINESS ENTERPRISE OWNED AND CON- (iii) paying the administrative leave of oper- for similar activities to prevent, prepare for, and
TROLLED BY SOCIALLY AND ECONOMICALLY DIS- ations or contractor personnel due to reductions respond to coronavirus that is equal to or great-
ADVANTAGED INDIVIDUALS.—The term ‘business in service. er than 140 percent of the combined 2018 rural
enterprise owned and controlled by socially and (B) USE OF FUNDS.—Funds described in sub- operating costs of the recipients and subrecipi-
economically disadvantaged individuals’ means paragraph (A) shall be— ents in that State shall receive an amount equal
a business that— (i) available for immediate obligation, not- to 10 percent of such State’s 2018 rural operating
‘‘(A) if privately owned, 51 percent is owned withstanding the requirement for such expenses costs; and
by one or more socially and economically dis- to be included in a transportation improvement (iii) any State that does not receive an alloca-
advantaged individuals; program, long-range transportation plan, state- tion under clauses (i) or (ii) shall receive an
‘‘(B) if publicly owned, 51 percent of the stock wide transportation plan, or statewide transpor- amount equal to 20 percent of such State’s 2018
is owned by one or more socially and economi- tation improvement program under sections 5303 rural operating costs.
cally disadvantaged individuals; and and 5304 of title 49, United States Code; (4) CAPITAL INVESTMENTS.—
‘‘(C) in the case of a mutual institution, a ma- (ii) directed to payroll and operations of pub- (A) IN GENERAL.—Of the amounts made avail-
jority of the Board of Directors, account hold- lic transportation (including payroll and ex- able under subsection (a)—
ers, and the community which the institution penses of private providers of public transpor- (i) $1,425,000,000 shall be for grants adminis-
services is predominantly comprised of socially tation), unless the recipient certifies to the Ad- tered under subsections (d) and (e) of section
and economically disadvantaged individuals. ministrator of the Federal Transit Administra- 5309 of title 49, United States Code; and
‘‘(16) COMMUNITY DEVELOPMENT FINANCIAL IN- (ii) $250,000,000 shall be for grants adminis-
tion that the recipient has not furloughed any
STITUTION.—The term ‘community development tered under subsection (h) of section 5309 of title
employees;
financial institution’ has the meaning given (iii) used to provide a Federal share of the 49, United States Code.
that term under section 103 of the Riegle Com- (B) FUNDING DISTRIBUTION.—
costs for any grant made under this section of (i) IN GENERAL.—Of the amounts made avail-
munity Development and Regulatory Improve- 100 percent. able in subparagraph (A)(i), $1,250,000,000 shall
ment Act of 1994. (b) ALLOCATION OF FUNDS.—
‘‘(17) MINORITY DEPOSITORY INSTITUTION.— be provided to each recipient for all projects
(1) URBANIZED AREA FORMULA GRANTS.—
The term ‘minority depository institution’ has with existing full funding grant agreements that
(A) IN GENERAL.—Of the amounts made avail-
the meaning given that term under section received allocations for fiscal year 2019 or 2020,
able under subsection (a), $26,086,580,227 shall
308(b) of the Financial Institutions Reform, Re- except that recipients with projects open for rev-
be for grants to recipients and subrecipients
covery, and Enforcement Act of 1989. enue service are not eligible to receive a grant
under section 5307 of title 49, United States
‘‘(18) SOCIALLY AND ECONOMICALLY DISADVAN- under this subparagraph. Funds shall be pro-
Code, and shall be administered as if such funds
TAGED INDIVIDUAL.—The term ‘socially and eco- vided proportionally based on the non-capital
were provided under section 5307 of such title.
nomically disadvantaged individual’ means an (B) ALLOCATION.—Amounts made available investment grant share of the amount allocated.
(ii) ALLOCATION.—Of the amounts made avail-
individual who is a socially disadvantaged indi- under subparagraph (A) shall be apportioned to
able in subparagraph (A)(i), $175,000,000 shall
vidual or an economically disadvantaged indi- urbanized areas based on data contained in the
be provided to each recipient for all projects
vidual, as such terms are defined, respectively, National Transit Database such that—
with existing full funding grant agreements that
under section 8 of the Small Business Act (15 (i) each urbanized area shall receive an ap-
received an allocation only prior to fiscal year
U.S.C. 637) and the regulations thereunder. portionment of an amount that, when combined
‘‘(19) TRIBAL GOVERNMENT.—The term ‘Tribal 2019, except that projects open for revenue serv-
with amounts that were otherwise made avail-
government’ means the recognized governing ice are not eligible to receive a grant under this
able to such urbanized area for similar activities
body of any Indian or Alaska Native tribe, subparagraph and no project may receive more
to prevent, prepare for, and respond to
band, nation, pueblo, village, community, com- than 40 percent of the amounts provided under
coronavirus, is equal to 132 percent of the ur-
ponent band, or component reservation, individ- this clause. The Administrator of the Federal
banized area’s 2018 operating costs; and
ually identified (including parenthetically) in Transit Administration shall proportionally dis-
(ii) for funds remaining after the apportion-
the list published most recently as of the date of tribute funds in excess of such percent to recipi-
ment described in clause (i), such funds shall be
enactment of this paragraph pursuant to section ents for which the percent of funds does not ex-
apportioned such that each urbanized area that
104 of the Federally Recognized Indian Tribe ceed 40 percent. Funds shall be provided propor-
did not receive an apportionment under clause
List Act of 1994 (25 U.S.C. 5131).’’. tionally based on the non-capital investment
(i) shall receive an apportionment equal to 25
(g) RULE OF APPLICATION.—The amendments grant share of the amount allocated.
percent of the urbanized area’s 2018 operating
made by this section shall apply with respect to (iii) ELIGIBLE RECIPIENTS.—For amounts made
costs. available in subparagraph (A)(ii), eligible recipi-
funds appropriated under this section and funds (2) FORMULA GRANTS FOR THE ENHANCED MO-
appropriated on and after the date of enactment ents shall be any recipient of an allocation
BILITY OF SENIORS AND INDIVIDUALS WITH DIS-
of this section. under subsection (h) of section 5309 of title 49,
ABILITIES.—
United States Code, or an applicant in the
Subtitle D—Public Transportation (A) IN GENERAL.—Of the amounts made avail-
project development phase described in para-
SEC. 3401. FEDERAL TRANSIT ADMINISTRATION able under subsection (a), $50,000,000 shall be
graph (2) of such subsection.
GRANTS. for grants to recipients or subrecipients eligible (iv) AMOUNT.—Amounts distributed under
(a) FEDERAL TRANSIT ADMINISTRATION APPRO- under section 5310 of title 49, United States clauses (i), (ii), and (iii) of subparagraph (A)
PRIATION.— Code, and shall be apportioned in accordance shall be provided notwithstanding the limitation
(1) IN GENERAL.—In addition to amounts oth- with such section. of any calculation of the maximum amount of
erwise made available, there are appropriated (B) ALLOCATION RATIO.—Amounts made avail-
Federal financial assistance for the project
for fiscal year 2021, out of any funds in the able under subparagraph (A) shall be allocated
under subsection (k)(2)(C)(ii) or (h)(7) of section
Treasury not otherwise appropriated, in the same ratio as funds were provided under
5309 of title 49, United States Code.
$30,461,355,534, to remain available until Sep- section 5310 of title 49, United States Code, for (5) SECTION 5311(F) SERVICES.—
tember 30, 2024, that shall— fiscal year 2020. (A) IN GENERAL.—Of the amounts made avail-
(A) be for grants to eligible recipients under (3) FORMULA GRANTS FOR RURAL AREAS.— able under subsection (a) and in addition to the
sections 5307, 5309, 5310, and 5311 of title 49, (A) IN GENERAL.—Of the amounts made avail- amounts made available under paragraph (3),
United States Code, to prevent, prepare for, and able under subsection (a), $317,214,013 shall be $100,000,000 shall be available for grants to re-
respond to coronavirus; and for grants to recipients or subrecipients eligible cipients for bus operators that partner with re-
(B) not be subject to any prior restriction on under section 5311 of title 49, United States cipients or subrecipients of funds under section
the total amount of funds available for imple- Code, and shall be administered as if the funds 5311(f) of title 49, United States Code.
mentation or execution of programs authorized were provided under section 5311 of such title, (B) ALLOCATION RATIO.—Notwithstanding
under sections 5307, 5310, or 5311 of such title. and shall be apportioned in accordance with paragraph (3), the Administrator of the Federal
(2) AVAILABILITY OF FUNDS FOR OPERATING such section, except as described in paragraph Transit Administration shall allocate amounts
EXPENSES.— (B). under subparagraph (A) in the same ratio as
(A) IN GENERAL.—Notwithstanding subsection (B) ALLOCATION RATIO.—Amounts made avail- funds were provided under section 5311 of title
(a)(1) or (b) of section 5307 and section able under subparagraph (A) to States, as de- 49, United States Code, for fiscal year 2020.
5310(b)(2)(A) of title 49, United States Code, fined in section 5302 of title 49, United States (C) EXCEPTION.—If a State or territory does
funds provided under this section, other than Code, shall be allocated to such States based on not have bus providers eligible under section
subsection (b)(4), shall be available for the oper- data contained in the National Transit Data- 5311(f) of title 49, United States Code, funds
ating expenses of transit agencies to prevent, base, such that— under this paragraph may be used by such State
prepare for, and respond to the coronavirus (i) any State that received an amount for simi- or territory for any expense eligible under sec-
dlhill on DSK120RN23PROD with HOUSE
public health emergency, including, beginning lar activities to prevent, prepare for, and re- tion 5311 of title 49, United States Code.
on January 20, 2020— spond to coronavirus that is equal to or greater (6) PLANNING.—
(i) reimbursement for payroll of public trans- than 150 percent of the combined 2018 rural op- (A) IN GENERAL.—Of the amounts made avail-
portation (including payroll and expenses of erating costs of the recipients and subrecipients able under subsection (a), $25,000,000 shall be
private providers of public transportation); in such State shall receive an amount equal to for grants to recipients eligible under section
(ii) operating costs to maintain service due to 5 percent of such State’s 2018 rural operating 5307 of title 49, United States Code, for the plan-
lost revenue due as a result of the coronavirus costs; ning of public transportation associated with
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H1216 CONGRESSIONAL RECORD — HOUSE March 10, 2021
the restoration of services as the coronavirus an eligible recipient or subrecipient or a group (3) RELATIONSHIP TO OTHER LEAVE.—Paid
public health emergency concludes and shall be of eligible recipients or subrecipients. leave under this section—
available in accordance with such section. (D) UNOBLIGATED FUNDS.—If amounts made (A) is in addition to any other leave provided
(B) AVAILABILITY OF FUNDS FOR ROUTE PLAN- available under this paragraph remain unobli- to an employee; and
NING.—Amounts made available under subpara- gated on September 30, 2023, such amounts shall (B) may not be used by an employee concur-
graph (A) shall be available for route planning be available for any purpose eligible under sec- rently with any other paid leave.
designed to— tions 5307 or 5311 of title 49, United States Code. (4) CALCULATION OF RETIREMENT BENEFIT.—
(i) increase ridership and reduce travel times, TITLE IV—COMMITTEE ON HOMELAND Any paid leave provided to an employee under
while maintaining or expanding the total level SECURITY AND GOVERNMENTAL AFFAIRS this section shall reduce the total service used to
of vehicle revenue miles of service provided in calculate any Federal civilian retirement ben-
SEC. 4001. EMERGENCY FEDERAL EMPLOYEE
the planning period; or LEAVE FUND.
efit.
(ii) make service adjustments to increase the (d) EMPLOYEE DEFINED.—In this section, the
(a) ESTABLISHMENT; APPROPRIATION.—There
quality or frequency of service provided to low- term ‘‘employee’’ means—
is established in the Treasury the Emergency (1) an individual in the executive branch for
income riders and disadvantaged neighborhoods
Federal Employee Leave Fund (in this section whom annual and sick leave is provided under
or communities.
referred to as the ‘‘Fund’’), to be administered subchapter I of chapter 63 of title 5, United
(C) LIMITATION.—Amounts made available
by the Director of the Office of Personnel Man- States Code;
under subparagraph (A) shall not be used for
agement, for the purposes set forth in subsection (2) an individual employed by the United
route planning related to transitioning public
(b). In addition to amounts otherwise available, States Postal Service;
transportation service provided as of the date of
there is appropriated for fiscal year 2021, out of (3) an individual employed by the Postal Reg-
receipt of funds to a transportation network
any money in the Treasury not otherwise appro- ulatory Commission; and
company or other third-party contract provider,
priated, $570,000,000, which shall be deposited (4) an employee of the Public Defender Service
unless the existing provider of public transpor-
into the Fund and remain available through for the District of Columbia and the District of
tation service is a third-party contract provider.
(7) RECIPIENTS AND SUBRECIPIENTS REQUIRING September 30, 2022. The Fund is available for Columbia Courts.
ADDITIONAL ASSISTANCE.— reasonable expenses incurred by the Office of SEC. 4002. FUNDING FOR THE GOVERNMENT AC-
(A) IN GENERAL.—Of the amounts made avail- Personnel Management in administering this COUNTABILITY OFFICE.
able under subsection (a), $2,207,561,294 shall be section. In addition to amounts otherwise available,
for grants to eligible recipients or subrecipients (b) PURPOSE.—Amounts in the Fund shall be there is appropriated for fiscal year 2021, out of
of funds under sections 5307 or 5311 of title 49, available for reimbursement to an agency for the any money in the Treasury not otherwise appro-
United States Code, that, as a result of COVID– use of paid leave under this section by any em- priated, $77,000,000, to remain available until
19, require additional assistance for costs related ployee of the agency who is unable to work be- September 30, 2025, for necessary expenses of the
to operations, personnel, cleaning, and sanitiza- cause the employee— Government Accountability Office to prevent,
tion combating the spread of pathogens on tran- (1) is subject to a Federal, State, or local quar- prepare for, and respond to Coronavirus and to
sit systems, and debt service payments incurred antine or isolation order related to COVID–19; support oversight of the Coronavirus response
(2) has been advised by a health care provider and of funds provided in this Act or any other
to maintain operations and avoid layoffs and
to self-quarantine due to concerns related to Act pertaining to the Coronavirus pandemic.
furloughs.
(B) ADMINISTRATION.—Funds made available COVID–19; SEC. 4003. PANDEMIC RESPONSE ACCOUNT-
(3) is caring for an individual who is subject ABILITY COMMITTEE FUNDING
under subparagraph (A) shall, after allocation,
to such an order or has been so advised; AVAILABILITY.
be administered as if provided under paragraph
(4) is experiencing symptoms of COVID–19 and In addition to amounts otherwise available,
(1) or (3), as applicable.
(C) APPLICATION REQUIREMENTS.— seeking a medical diagnosis; there is appropriated for fiscal year 2021, out of
(i) IN GENERAL.—The Administrator of the (5) is caring for a son or daughter of such em- any money in the Treasury not otherwise appro-
Federal Transit Administration may not allocate ployee if the school or place of care of the son priated, $40,000,000, to remain available until
funds to an eligible recipient or subrecipient of or daughter has been closed, if the school of September 30, 2025, for the Pandemic Response
funds under chapter 53 of title 49, United States such son or daughter requires or makes optional Accountability Committee to support oversight
Code, unless the recipient provides to the Ad- a virtual learning instruction model or requires of the Coronavirus response and of funds pro-
ministrator— or makes optional a hybrid of in-person and vir- vided in this Act or any other Act pertaining to
(I) estimates of financial need; tual learning instruction models, or the child the Coronavirus pandemic.
(II) data on reductions in farebox or other care provider of such son or daughter is un- SEC. 4004. FUNDING FOR THE WHITE HOUSE.
sources of local revenue for sustained oper- available, due to COVID–19 precautions;
In addition to amounts otherwise available,
ations; (6) is experiencing any other substantially
there is appropriated for fiscal year 2021, out of
(III) a spending plan for such funds; and similar condition;
(7) is caring for a family member with a men- any money in the Treasury not otherwise appro-
(IV) demonstration of expenditure of greater priated, $12,800,000, to remain available until
than 90 percent of funds available to the appli- tal or physical disability or who is 55 years of
age or older and incapable of self-care, without September 30, 2021, for necessary expenses for
cant from funds made available for similar ac- the White House, to prevent, prepare for, and
tivities in fiscal year 2020. regard to whether another individual other than
the employee is available to care for such family respond to coronavirus.
(ii) DEADLINES.—The Administrator of the
member, if the place of care for such family SEC. 4005. FEDERAL EMERGENCY MANAGEMENT
Federal Transit Administration shall— AGENCY APPROPRIATION.
(I) not later than 180 days after the date of member is closed or the direct care provider is
In addition to amounts otherwise available,
enactment of this Act, issue a Notice of Funding unavailable due to COVID–19; or
(8) is obtaining immunization related to there is appropriated to the Federal Emergency
Opportunity for assistance under this para-
COVID–19 or is recovering from any injury, dis- Management Agency for fiscal year 2021, out of
graph; and
(II) not later than 120 days after the applica- ability, illness, or condition related to such im- any money in the Treasury not otherwise appro-
tion deadline established in the Notice of Fund- munization. priated, $50,000,000,000, to remain available
ing Opportunity under subclause (I), make (c) LIMITATIONS.— until September 30, 2025, to carry out the pur-
awards under this paragraph to selected appli- (1) PERIOD OF AVAILABILITY.—Paid leave poses of the Disaster Relief Fund for costs asso-
cants. under this section may only be provided to and ciated with major disaster declarations.
(iii) EVALUATION.— used by an employee during the period begin- SEC. 4006. FUNERAL ASSISTANCE.
(I) IN GENERAL.—Applications for assistance ning on the date of enactment of this Act and (a) IN GENERAL.—For the emergency declara-
under this paragraph shall be evaluated by the ending on September 30, 2021. tion issued by the President on March 13, 2020,
Administrator of the Federal Transit Adminis- (2) TOTAL HOURS; AMOUNT.—Paid leave under pursuant to section 501(b) of the Robert T. Staf-
tration based on the level of financial need dem- this section— ford Disaster Relief and Emergency Assistance
onstrated by an eligible recipient or sub- (A) shall be provided to an employee in an Act (42 U.S.C. 5191(b)), and for any subsequent
recipient, including projections of future finan- amount not to exceed 600 hours of paid leave for major disaster declaration that supersedes such
cial need to maintain service as a percentage of each full-time employee, and in the case of a emergency declaration, the President shall pro-
the 2018 operating costs that has not been re- part-time employee, employee on an uncommon vide financial assistance to an individual or
placed by the funds made available to the eligi- tour of duty, or employee with a seasonal work household to meet disaster-related funeral ex-
ble recipient or subrecipient under paragraphs schedule, in an amount not to exceed the pro- penses under section 408(e)(1) of the Robert T.
(1) through (5) of this subsection when combined portional equivalent of 600 hours to the extent Stafford Disaster Relief and Emergency Assist-
with the amounts allocated to such eligible re- amounts in the Fund remain available for reim- ance Act (42 U.S.C. 5174(e)(1)), for which the
cipient or subrecipient from funds previously bursement; Federal cost share shall be 100 percent.
made available for the operating expenses of (B) shall be paid at the same hourly rate as (b) USE OF FUNDS.—Funds appropriated
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transit agencies related to the response to the other leave payments; and under section 4005 may be used to carry out sub-
COVID–19 public health emergency. (C) may not be provided to an employee if the section (a) of this section.
(II) RESTRICTION.—Amounts made available leave would result in payments greater than SEC. 4007. EMERGENCY FOOD AND SHELTER PRO-
under this paragraph shall only be available for $2,800 in aggregate for any biweekly pay period GRAM FUNDING.
operating expenses. for a full-time employee, or a proportionally In addition to amounts otherwise made avail-
(iv) STATE APPLICANTS.—A State may apply equivalent biweekly limit for a part-time em- able, there is appropriated to the Federal Emer-
for assistance under this paragraph on behalf of ployee. gency Management Agency for fiscal year 2021,
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1217
out of any money in the Treasury not otherwise nature of the covered employee’s employment. enue Code of 1986, other than paragraph (3),
appropriated, $400,000,000, to remain available Such covered employee, or a beneficiary of such (4), (6), or (19), and exempt from tax under sec-
until September 30, 2025, for the emergency food an employee, shall be entitled to such benefits tion 501(a) of such Code; and
and shelter program. for such claim, including disability compensa- ‘‘(II) does not include any entity that, if the
SEC. 4008. HUMANITARIAN RELIEF. tion, medical services, and survivor benefits. entity were a business concern, would be de-
In addition to amounts otherwise made avail- (b) DEFINITIONS.—In this section: scribed in section 120.110 of title 13, Code of Fed-
able, there is appropriated to the Federal Emer- (1) COVERED EMPLOYEE.— eral Regulations (or in any successor regulation
gency Management Agency for fiscal year 2021, (A) IN GENERAL.—The term ‘‘covered em- or other related guidance or rule that may be
out of any money in the Treasury not otherwise ployee’’ means an individual— issued by the Administrator) other than a busi-
appropriated, $110,000,000, to remain available (i) who is an employee under section 8101(1) of ness concern described in paragraph (a) or (k)
until September 30, 2025, for the emergency food title 5, United States Code, employed in the Fed- of such section.’’; and
and shelter program for the purposes of pro- eral service at anytime during the period begin- (B) in subparagraph (D)—
ning on January 27, 2020, and ending on Janu- (i) in clause (iii), by adding at the end the fol-
viding humanitarian relief to families and indi-
ary 27, 2023; lowing:
viduals encountered by the Department of
(ii) who is diagnosed with COVID–19 during ‘‘(III) ELIGIBILITY OF CERTAIN ORGANIZA-
Homeland Security.
such period; and TIONS.—Subject to the provisions in this sub-
SEC. 4009. CYBERSECURITY AND INFRASTRUC-
(iii) who, during a covered exposure period paragraph, during the covered period—
TURE SECURITY AGENCY.
prior to such diagnosis, carries out duties that— ‘‘(aa) a nonprofit organization shall be eligi-
In addition to amounts otherwise made avail- ble to receive a covered loan if the nonprofit or-
(I) require contact with patients, members of
able, there is appropriated for fiscal year 2021, ganization employs not more than 500 employees
the public, or co-workers; or
out of any money in the Treasury not otherwise (II) include a risk of exposure to the novel per physical location of the organization; and
appropriated, $650,000,000, to remain available coronavirus. ‘‘(bb) an additional covered nonprofit entity
until September 30, 2023, for the Cybersecurity (B) TELEWORKING EXCEPTION.—The term and an organization that, but for subclauses
and Infrastructure Security Agency for cyberse- ‘‘covered employee’’ does not include any em- (I)(dd) and (II)(dd) of clause (vii), would be eli-
curity risk mitigation. ployee otherwise covered by subparagraph (A) gible for a covered loan under clause (vii) shall
SEC. 4010. APPROPRIATION FOR THE UNITED who is exclusively teleworking during a covered be eligible to receive a covered loan if the entity
STATES DIGITAL SERVICE. or organization employs not more than 300 em-
exposure period, regardless of whether such em-
In addition to amounts otherwise available, ployment is full time or part time. ployees per physical location of the entity or or-
there is appropriated for fiscal year 2021, out of (2) COVERED EXPOSURE PERIOD.—The term ganization.’’; and
any money in the Treasury not otherwise appro- ‘‘covered exposure period’’ means, with respect (ii) by adding at the end the following:
priated, $200,000,000, to remain available until to a diagnosis of COVID–19, the period begin- ‘‘(ix) ELIGIBILITY OF ADDITIONAL COVERED
September 30, 2024, for the United States Digital ning on a date to be determined by the Secretary NONPROFIT ENTITIES.—An additional covered
Service. of Labor. nonprofit entity shall be eligible to receive a
SEC. 4011. APPROPRIATION FOR THE TECH- (3) NOVEL CORONAVIRUS.—The term ‘‘novel covered loan if—
NOLOGY MODERNIZATION FUND. coronavirus’’ means SARS–CoV–2 or another ‘‘(I) the additional covered nonprofit entity
In addition to amounts otherwise appro- coronavirus declared to be a pandemic by public does not receive more than 15 percent of its re-
priated, there is appropriated to the General health authorities. ceipts from lobbying activities;
Services Administration for fiscal year 2021, out (c) LIMITATION.— ‘‘(II) the lobbying activities of the additional
of any money in the Treasury not otherwise ap- (1) DETERMINATIONS MADE ON OR BEFORE THE covered nonprofit entity do not comprise more
propriated, $1,000,000,000, to remain available DATE OF ENACTMENT.—This section shall not than 15 percent of the total activities of the or-
until September 30, 2025, to carry out the pur- apply with respect to a covered employee who is ganization;
poses of the Technology Modernization Fund. determined to be entitled to benefits under sub- ‘‘(III) the cost of the lobbying activities of the
SEC. 4012. APPROPRIATION FOR THE FEDERAL chapter I of chapter 81 of title 5, United States additional covered nonprofit entity did not ex-
CITIZEN SERVICES FUND. Code, for a claim described in subsection (a) if ceed $1,000,000 during the most recent tax year
In addition to amounts otherwise available, such determination is made on or before the of the additional covered nonprofit entity that
there is appropriated to the General Services date of enactment of this Act. ended prior to February 15, 2020; and
Administration for fiscal year 2021, out of any ‘‘(IV) the additional covered nonprofit entity
(2) LIMITATION ON DURATION OF BENEFITS.—
money in the Treasury not otherwise appro- employs not more than 300 employees.’’.
No funds are authorized to be appropriated to
(2) ELIGIBILITY FOR SECOND DRAW LOANS.—
priated, $150,000,000, to remain available until pay, and no benefits may be paid for, claims ap-
Paragraph (37)(A)(i) of section 7(a) of the Small
September 30, 2024, to carry out the purposes of proved on the basis of subsection (a) after Sep-
Business Act (15 U.S.C. 636(a)), as added by the
the Federal Citizen Services Fund. tember 30, 2030. No administrative costs related
Economic Aid to Hard-Hit Small Businesses,
SEC. 4013. AFG AND SAFER PROGRAM FUNDING. to any such claim may be paid after such date.
Nonprofits, and Venues Act (title III of division
In addition to amounts otherwise made avail- (d) EMPLOYEES’ COMPENSATION FUND.—
N of Public Law 116–260), is amended by insert-
able, there is appropriated to the Federal Emer- (1) IN GENERAL.—The costs of benefits for
ing ‘‘ ‘additional covered nonprofit entity’,’’
gency Management Agency for fiscal year 2021, claims approved on the basis of subsection (a)
after ‘‘the terms’’.
out of any money in the Treasury not otherwise shall not be included in the annual statement of
(b) ELIGIBILITY OF INTERNET PUBLISHING OR-
appropriated, $300,000,000, to remain available the cost of benefits and other payments of an
GANIZATIONS FOR COVERED LOANS UNDER THE
until September 30, 2025, of which $100,000,000 agency or instrumentality under section 8147(b)
PAYCHECK PROTECTION PROGRAM.—
shall be for assistance to firefighter grants and of title 5, United States Code. (1) IN GENERAL.—Section 7(a)(36)(D) of the
$200,000,000 shall be for staffing for adequate (2) FAIR SHARE PROVISION.—Costs of adminis- Small Business Act (15 U.S.C. 636(a)(36)(D)), as
fire and emergency response grants. tration for claims described in paragraph (1)— amended by subsection (a), is further amended—
SEC. 4014. EMERGENCY MANAGEMENT PERFORM-
(A) may be paid from the Employees’ Com- (A) in clause (iii), by adding at the end the
ANCE GRANT FUNDING. pensation Fund; and following:
In addition to amounts otherwise made avail- (B) shall not be subject to the fair share provi- ‘‘(IV) ELIGIBILITY OF INTERNET PUBLISHING
able, there is appropriated to the Federal Emer- sion in section 8147(c) of title 5, United States ORGANIZATIONS.—A business concern or other
gency Management Agency for fiscal year 2021, Code. organization that was not eligible to receive a
out of any money in the Treasury not otherwise TITLE V—COMMITTEE ON SMALL covered loan the day before the date of enact-
appropriated, $100,000,000, to remain available BUSINESS AND ENTREPRENEURSHIP ment of this subclause, is assigned a North
until September 30, 2025, for emergency manage- SEC. 5001. MODIFICATIONS TO PAYCHECK PRO- American Industry Classification System code of
ment performance grants. TECTION PROGRAM. 519130, certifies in good faith as an Internet-
SEC. 4015. EXTENSION OF REIMBURSEMENT AU- (a) ELIGIBILITY OF CERTAIN NONPROFIT ENTI- only news publisher or Internet-only periodical
THORITY FOR FEDERAL CONTRAC- TIES FOR COVERED LOANS UNDER THE PAYCHECK publisher, and is engaged in the collection and
TORS. PROTECTION PROGRAM.— distribution of local or regional and national
Section 3610 of the CARES Act (Public Law (1) IN GENERAL.—Section 7(a)(36) of the Small news and information shall be eligible to receive
116–136; 134 Stat. 414) is amended by striking Business Act (15 U.S.C. 636(a)(36)), as amended a covered loan for the continued provision of
‘‘September 30, 2020’’ and inserting ‘‘September by the Economic Aid to Hard-Hit Small Busi- news, information, content, or emergency infor-
30, 2021’’. nesses, Nonprofits, and Venues Act (title III of mation if—
SEC. 4016.
ELIGIBILITY FOR WORKERS’ COM- division N of Public Law 116–260), is amended— ‘‘(aa) the business concern or organization
PENSATION BENEFITS FOR FEDERAL (A) in subparagraph (A)— employs not more than 500 employees, or the size
EMPLOYEES DIAGNOSED WITH (i) in clause (xv), by striking ‘‘and’’ at the standard established by the Administrator for
COVID–19. end; that North American Industry Classification
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(a) IN GENERAL.—Subject to subsection (c), a (ii) in clause (xvi), by striking the period at code, per physical location of the business con-
covered employee shall, with respect to any the end and inserting ‘‘; and’’; and cern or organization; and
claim made by or on behalf of the covered em- (iii) by adding at the end the following: ‘‘(bb) the business concern or organization
ployee for benefits under subchapter I of chap- ‘‘(xvii) the term ‘additional covered nonprofit makes a good faith certification that proceeds of
ter 81 of title 5, United States Code, be deemed entity’— the loan will be used to support expenses at the
to have an injury proximately caused by expo- ‘‘(I) means an organization described in any component of the business concern or organiza-
sure to the novel coronavirus arising out of the paragraph of section 501(c) of the Internal Rev- tion that supports local or regional news.’’;
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H1218 CONGRESSIONAL RECORD — HOUSE March 10, 2021
(B) in clause (iv)— (1) COMMITMENT AUTHORITY.—Section (I) is a State or local government-operated
(i) in subclause (III), by striking ‘‘and’’ at the 1102(b)(1) of the CARES Act (Public Law 116– business;
end; 136) is amended by striking ‘‘$806,450,000,000’’ (II) as of March 13, 2020, owns or operates (to-
(ii) in subclause (IV)(bb), by striking the pe- and inserting ‘‘$813,700,000,000’’. gether with any affiliated business) more than
riod at the end and inserting ‘‘; and’’; and (2) DIRECT APPROPRIATIONS.—In addition to 20 locations, regardless of whether those loca-
(iii) by adding at the end the following: amounts otherwise available, there is appro- tions do business under the same or multiple
‘‘(V) any business concern or other organiza- priated to the Administrator of the Small Busi- names; or
tion that was not eligible to receive a covered ness Administration for fiscal year 2021, out of (III) has a pending application for or has re-
loan the day before the date of enactment of any money in the Treasury not otherwise appro- ceived a grant under section 324 of the Economic
this subclause, is assigned a North American In- priated, $7,250,000,000, to remain available until Aid to Hard-Hit Small Businesses, Nonprofits,
dustry Classification System code of 519130, cer- expended, for carrying out this section. and Venues Act (title III of division N of Public
tifies in good faith as an Internet-only news SEC. 5002. TARGETED EIDL ADVANCE. Law 116–260); or
publisher or Internet-only periodical publisher, (a) DEFINITIONS.—In this section— (ii) a publicly-traded company.
and is engaged in the collection and distribution (1) the term ‘‘Administrator’’ means the Ad- (5) EXCHANGE; ISSUER; SECURITY.—The terms
of local or regional and national news and in- ministrator of the Small Business Administra- ‘‘exchange’’, ‘‘issuer’’, and ‘‘security’’ have the
formation, if the business concern or organiza- tion; and meanings given those terms in section 3(a) of the
tion— (2) the terms ‘‘covered entity’’ and ‘‘economic Securities Exchange Act of 1934 (15 U.S.C.
‘‘(aa) employs not more than 500 employees, or loss’’ have the meanings given the terms in sec- 78c(a)).
the size standard established by the Adminis- tion 331(a) of the Economic Aid to Hard-Hit (6) FUND.—The term ‘‘Fund’’ means the Res-
trator for that North American Industry Classi- Small Businesses, Nonprofits, and Venues Act taurant Revitalization Fund established under
fication code, per physical location of the busi- (title III of division N of Public Law 116–260). subsection (b).
ness concern or organization; and (b) APPROPRIATIONS.—In addition to amounts (7) PANDEMIC-RELATED REVENUE LOSS.—The
‘‘(bb) is majority owned or controlled by a otherwise available, there is appropriated to the term ‘‘pandemic-related revenue loss’’ means,
business concern or organization that is as- Administrator for fiscal year 2021, out of any with respect to an eligible entity—
signed a North American Industry Classification (A) except as provided in subparagraphs (B),
money in the Treasury not otherwise appro-
System code of 519130.’’; (C), and (D), the gross receipts, as established
priated, $15,000,000,000—
(C) in clause (v), by striking ‘‘clause (iii)(II), (1) to remain available until expended; and using such verification documentation as the
(iv)(IV), or (vii)’’ and inserting ‘‘subclause (II), (2) of which, the Administrator shall use— Administrator may require, of the eligible entity
(III), or (IV) of clause (iii), subclause (IV) or (V) (A) $10,000,000,000 to make payments to cov- during 2020 subtracted from the gross receipts of
of clause (iv), clause (vii), or clause (ix)’’; and ered entities that have not received the full the eligible entity in 2019, if such sum is greater
(D) in clause (viii)(II)— amounts to which the covered entities are enti- than zero;
(i) by striking ‘‘business concern made eligible tled under section 331 of the Economic Aid to (B) if the eligible entity was not in operation
by clause (iii)(II) or clause (iv)(IV) of this sub- Hard-Hit Small Businesses, Nonprofits, and for the entirety of 2019—
paragraph’’ and inserting ‘‘business concern (i) the difference between—
Venues Act (title III of division N of Public Law
made eligible by subclause (II) or (IV) of clause (I) the product obtained by multiplying the
116–260); and
(iii) or subclause (IV) or (V) of clause (iv) of this average monthly gross receipts of the eligible en-
(B) $5,000,000,000 to make payments under sec-
subparagraph’’; and tity in 2019 by 12; and
tion 1110(e) of the CARES Act (15 U.S.C. (II) the product obtained by multiplying the
(ii) by inserting ‘‘or organization’’ after ‘‘busi- 9009(e)), each of which shall be— average monthly gross receipts of the eligible en-
ness concern’’ each place it appears. (i) made to a covered entity that—
(2) ELIGIBILITY FOR SECOND DRAW LOANS.— tity in 2020 by 12; or
(I) has suffered an economic loss of greater
(ii) an amount based on a formula determined
Section 7(a)(37)(A)(iv)(II) of the Small Business than 50 percent; and
by the Administrator;
Act, as amended by the Economic Aid to Hard- (II) employs not more than 10 employees; (C) if the eligible entity opened during the pe-
Hit Small Businesses, Nonprofits, and Venues (ii) in an amount that is $5,000; and
riod beginning on January 1, 2020, and ending
Act (title III of division N of Public Law 116– (iii) with respect to the covered entity to
on the day before the date of enactment of this
260), is amended by striking ‘‘clause (iii)(II), which the payment is made, in addition to any
section—
(iv)(IV), or (vii)’’ and inserting ‘‘subclause (II), payment made to the covered entity under sec-
(i) the expenses described in subsection
(III), or (IV) of clause (iii), subclause (IV) or (V) tion 1110(e) of the CARES Act (15 U.S.C. 9009(e))
(c)(5)(A) that were incurred by the eligible enti-
of clause (iv), clause (vii), or clause (ix)’’. or section 331 of the Economic Aid to Hard-Hit
ty minus any gross receipts received; or
(c) COORDINATION WITH CONTINUATION COV- Small Businesses, Nonprofits, and Venues Act (ii) an amount based on a formula determined
ERAGE PREMIUM ASSISTANCE.— (title III of division N of Public Law 116–260). by the Administrator; or
(1) PAYCHECK PROTECTION PROGRAM.—Section SEC. 5003. SUPPORT FOR RESTAURANTS. (D) if the eligible entity has not yet opened as
7A(a)(12) of the Small Business Act (as redesig- (a) DEFINITIONS.—In this section: of the date of application for a grant under sub-
nated, transferred, and amended by section (1) ADMINISTRATOR.—The term ‘‘Adminis- section (c), but has incurred expenses described
304(b) of the Economic Aid to Hard-Hit Small trator’’ means the Administrator of the Small in subsection (c)(5)(A) as of the date of enact-
Businesses, Nonprofits, and Venues Act (Public Business Administration. ment of this section—
Law 116–260)) is amended— (2) AFFILIATED BUSINESS.—The term ‘‘affili- (i) the amount of those expenses; or
(A) by striking ‘‘CARES Act or’’ and inserting ated business’’ means a business in which an el- (ii) an amount based on a formula determined
‘‘CARES Act,’’; and igible entity has an equity or right to profit dis- by the Administrator.
(B) by inserting before the period at the end tributions of not less than 50 percent, or in For purposes of this paragraph, the pandemic-
the following: ‘‘, or premiums taken into ac- which an eligible entity has the contractual au- related revenue losses for an eligible entity shall
count in determining the credit allowed under thority to control the direction of the business, be reduced by any amounts received from a cov-
section 6432 of the Internal Revenue Code of provided that such affiliation shall be deter- ered loan made under paragraph (36) or (37) of
1986’’. mined as of any arrangements or agreements in section 7(a) of the Small Business Act (15 U.S.C.
(2) PAYCHECK PROTECTION PROGRAM SECOND existence as of March 13, 2020. 636(a)) in 2020 or 2021.
DRAW.—Section 7(a)(37)(J)(iii)(I) of the Small (3) COVERED PERIOD.—The term ‘‘covered pe- (8) PAYROLL COSTS.—The term ‘‘payroll costs’’
Business Act, as amended by the Economic Aid riod’’ means the period— has the meaning given the term in section
to Hard-Hit Small Businesses, Nonprofits, and (A) beginning on February 15, 2020; and 7(a)(36)(A) of the Small Business Act (15 U.S.C.
Venues Act (title III of division N of Public Law (B) ending on December 31, 2021, or a date to 636(a)(36)(A)), except that such term shall not
116–260), is amended— be determined by the Administrator that is not include—
(A) by striking ‘‘or’’ at the end of item (aa); later than 2 years after the date of enactment of (A) qualified wages (as defined in subsection
(B) by striking the period at the end of item this section. (c)(3) of section 2301 of the CARES Act) taken
(bb) and inserting ‘‘; or’’; and (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti- into account in determining the credit allowed
(C) by adding at the end the following new ty’’— under such section 2301; or
item: (A) means a restaurant, food stand, food (B) premiums taken into account in deter-
‘‘(cc) premiums taken into account in deter- truck, food cart, caterer, saloon, inn, tavern, mining the credit allowed under section 6432 of
mining the credit allowed under section 6432 of bar, lounge, brewpub, tasting room, taproom, li- the Internal Revenue Code of 1986.
the Internal Revenue Code of 1986.’’. censed facility or premise of a beverage alcohol (9) PUBLICLY-TRADED COMPANY.—The term
(3) APPLICABILITY.—The amendments made by producer where the public may taste, sample, or ‘‘publicly-traded company’’ means an entity
this subsection shall apply only with respect to purchase products, or other similar place of that is majority owned or controlled by an enti-
applications for forgiveness of covered loans business in which the public or patrons assemble ty that is an issuer, the securities of which are
made under paragraphs (36) or (37) of section for the primary purpose of being served food or listed on a national securities exchange under
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7(a) of the Small Business Act, as amended by drink; section 6 of the Securities Exchange Act of 1934
the Economic Aid to Hard-Hit Small Businesses, (B) includes an entity described in subpara- (15 U.S.C. 78f).
Nonprofits, and Venues Act (title III of division graph (A) that is located in an airport terminal (10) TRIBALLY-OWNED CONCERN.—The term
N of Public Law 116–260), that are received on or that is a Tribally-owned concern; and ‘‘Tribally-owned concern’’ has the meaning
or after the date of the enactment of this Act. (C) does not include— given the term in section 124.3 of title 13, Code
(d) COMMITMENT AUTHORITY AND APPROPRIA- (i) an entity described in subparagraph (A) of Federal Regulations, or any successor regula-
TIONS.— that— tion.
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1219
(b) RESTAURANT REVITALIZATION FUND.— (A) AGGREGATE MAXIMUM AMOUNT.—The ag- 632(n))), small business concerns owned and
(1) IN GENERAL.—There is established in the gregate amount of grants made to an eligible en- controlled by veterans (as defined in section 3(q)
Treasury of the United States a fund to be tity and any affiliated businesses of the eligible of such Act (15 U.S.C. 632(q))), and socially and
known as the Restaurant Revitalization Fund. entity under this subsection— economically disadvantaged small business con-
(2) APPROPRIATIONS.— (i) shall not exceed $10,000,000; and cerns (as defined in section 8(a)(4)(A) of the
(A) IN GENERAL.—In addition to amounts oth- (ii) shall be limited to $5,000,000 per physical Small Business Act (15 U.S.C. 637(a)(4)(A))).
erwise available, there is appropriated to the location of the eligible entity. (6) PRIVATE NONPROFIT ORGANIZATION.—The
Restaurant Revitalization Fund for fiscal year (B) DETERMINATION OF GRANT AMOUNT.— term ‘‘private nonprofit organization’’ means an
2021, out of any money in the Treasury not oth- (i) IN GENERAL.—Except as provided in this entity that is described in section 501(c) of the
erwise appropriated, $28,600,000,000, to remain paragraph, the amount of a grant made to an Internal Revenue Code of 1986 and exempt from
available until expended. eligible entity under this subsection shall be tax under section 501(a) of such Code.
(B) DISTRIBUTION.— equal to the pandemic-related revenue loss of (7) RESOURCE PARTNER.—The term ‘‘resource
(i) IN GENERAL.—Of the amounts made avail- the eligible entity. partner’’ means—
able under subparagraph (A)— (ii) RETURN TO TREASURY.—Any amount of a (A) a small business development center (as
(I) $5,000,000,000 shall be available to eligible grant made under this subsection to an eligible defined in section 3 of the Small Business Act
entities with gross receipts during 2019 of not entity based on estimated receipts that is greater (15 U.S.C. 632));
more than $500,000; and than the actual gross receipts of the eligible en- (B) a women’s business center (as described in
(II) $23,600,000,000 shall be available to the tity in 2020 shall be returned to the Treasury. section 29 of the Small Business Act (15 U.S.C.
Administrator to award grants under subsection (5) USE OF FUNDS.—During the covered period, 656)); and
(c) in an equitable manner to eligible entities of an eligible entity that receives a grant under (C) a chapter of the Service Corps of Retired
different sizes based on annual gross receipts. this subsection may use the grant funds for the Executives (as defined in section 8(b)(1)(B) of
(ii) ADJUSTMENTS.—The Administrator may following expenses incurred as a direct result of, the Act (15 U.S.C. 637(b)(1)(B))).
make adjustments as necessary to the distribu- or during, the COVID–19 pandemic: (8) SMALL BUSINESS CONCERN.—The term
tion of funds under clause (i)(II) based on de- (A) Payroll costs. ‘‘small business concern’’ has the meaning given
mand and the relative local costs in the markets (B) Payments of principal or interest on any under section 3 of the Small Business Act (15
in which eligible entities operate. mortgage obligation (which shall not include U.S.C. 632).
(C) GRANTS AFTER INITIAL PERIOD.—Notwith- any prepayment of principal on a mortgage obli- (9) STATE.—The term ‘‘State’’ means a State of
standing subparagraph (B), on and after the gation). the United States, the District of Columbia, the
date that is 60 days after the date of enactment (C) Rent payments, including rent under a Commonwealth of Puerto Rico, the Virgin Is-
of this section, or another period of time deter- lease agreement (which shall not include any lands, American Samoa, the Commonwealth of
mined by the Administrator, the Administrator prepayment of rent). the Northern Mariana Islands, and Guam, or an
may make grants using amounts appropriated (D) Utilities. agency, instrumentality, or fiscal agent thereof.
under subparagraph (A) to any eligible entity (E) Maintenance expenses, including— (10) UNIT OF GENERAL LOCAL GOVERNMENT.—
regardless of the annual gross receipts of the eli- (i) construction to accommodate outdoor seat- The term ‘‘unit of general local government’’
gible entity. ing; and means a county, city, town, village, or other
(3) USE OF FUNDS.—The Administrator shall (ii) walls, floors, deck surfaces, furniture, fix- general purpose political subdivision of a State.
use amounts in the Fund to make grants de- tures, and equipment. (b) COMMUNITY NAVIGATOR PILOT PROGRAM.—
scribed in subsection (c). (F) Supplies, including protective equipment (1) IN GENERAL.—The Administrator of the
(c) RESTAURANT REVITALIZATION GRANTS.— and cleaning materials. Small Business Administration shall establish a
(1) IN GENERAL.—Except as provided in sub- (G) Food and beverage expenses that are with- Community Navigator pilot program to make
section (b) and paragraph (3), the Administrator in the scope of the normal business practice of grants to, or enter into contracts or cooperative
shall award grants to eligible entities in the the eligible entity before the covered period. agreements with, private nonprofit organiza-
order in which applications are received by the (H) Covered supplier costs, as defined in sec- tions, resource partners, States, Tribes, and
Administrator. tion 7A(a) of the Small Business Act (as redesig- units of local government to ensure the delivery
(2) APPLICATION.— nated, transferred, and amended by section of free community navigator services to current
(A) CERTIFICATION.—An eligible entity apply- 304(b) of the Economic Aid to Hard-Hit Small or prospective owners of eligible businesses in
ing for a grant under this subsection shall make Businesses, Nonprofits, and Venues Act (Public order to improve access to assistance programs
a good faith certification that— Law 116–260)). and resources made available because of the
(i) the uncertainty of current economic condi- (I) Operational expenses. COVID–19 pandemic by Federal, State, Tribal,
tions makes necessary the grant request to sup- (J) Paid sick leave. and local entities.
port the ongoing operations of the eligible enti- (K) Any other expenses that the Administrator (2) APPROPRIATIONS.—In addition to amounts
ty; and determines to be essential to maintaining the eli- otherwise available, there is appropriated to the
(ii) the eligible entity has not applied for or gible entity. Administrator for fiscal year 2021, out of any
received a grant under section 324 of the Eco- (6) RETURNING FUNDS.—If an eligible entity money in the Treasury not otherwise appro-
nomic Aid to Hard-Hit Small Businesses, Non- that receives a grant under this subsection fails priated, $100,000,000, to remain available until
profits, and Venues Act (title III of division N of to use all grant funds or permanently ceases op- September 30, 2022, for carrying out this sub-
Public Law 116–260). erations on or before the last day of the covered section.
(B) BUSINESS IDENTIFIERS.—In accepting ap- period, the eligible entity shall return to the (c) OUTREACH AND EDUCATION.—
plications for grants under this subsection, the Treasury any funds that the eligible entity did (1) PROMOTION.—The Administrator shall de-
Administrator shall prioritize the ability of each not use for the allowable expenses under para- velop and implement a program to promote com-
applicant to use their existing business identi- graph (5). munity navigator services to current or prospec-
fiers over requiring other forms of registration or SEC. 5004. COMMUNITY NAVIGATOR PILOT PRO- tive owners of eligible businesses.
identification that may not be common to their GRAM. (2) CALL CENTER.—The Administrator shall es-
industry and imposing additional burdens on (a) DEFINITIONS.—In this section: tablish a telephone hotline to offer information
applicants. (1) ADMINISTRATION.—The term ‘‘Administra- about Federal programs to assist eligible busi-
(3) PRIORITY IN AWARDING GRANTS.— tion’’ means the Small Business Administration. nesses and offer referral services to resource
(A) IN GENERAL.—During the initial 21-day (2) ADMINISTRATOR.—The term ‘‘Adminis- partners, community navigators, potential lend-
period in which the Administrator awards trator’’ means the Administrator of the Small ers, and other persons that the Administrator
grants under this subsection, the Administrator Business Administration. determines appropriate for current or prospec-
shall prioritize awarding grants to eligible enti- (3) COMMUNITY NAVIGATOR SERVICES.—The tive owners of eligible businesses.
ties that are small business concerns owned and term ‘‘community navigator services’’ means the (3) OUTREACH.—The Administrator shall—
controlled by women (as defined in section 3(n) outreach, education, and technical assistance (A) conduct outreach and education, in the 10
of the Small Business Act (15 U.S.C. 632(n))), provided by community navigators that target most commonly spoken languages in the United
small business concerns owned and controlled eligible businesses to increase awareness of, and States, to current or prospective owners of eligi-
by veterans (as defined in section 3(q) of such participation in, programs of the Small Business ble businesses on community navigator services
Act (15 U.S.C. 632(q))), or socially and economi- Administration. and other Federal programs to assist eligible
cally disadvantaged small business concerns (as (4) COMMUNITY NAVIGATOR.—The term ‘‘com- businesses;
defined in section 8(a)(4)(A) of the Small Busi- munity navigator’’ means a community organi- (B) improve the website of the Administration
ness Act (15 U.S.C. 637(a)(4)(A))). The Adminis- zation, community financial institution as de- to describe such community navigator services
trator may take such steps as necessary to en- fined in section 7(a)(36)(A) of the Small Busi- and other Federal programs; and
sure that eligible entities described in this sub- ness Act (15 U.S.C. 636(a)(36)(A)), or other pri- (C) implement an education campaign by ad-
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paragraph have access to grant funding under vate nonprofit organization engaged in the de- vertising in media targeted to current or pro-
this section after the end of such 21-day period. livery of community navigator services. spective owners of eligible businesses.
(B) CERTIFICATION.—For purposes of estab- (5) ELIGIBLE BUSINESS.—The term ‘‘eligible (4) APPROPRIATIONS.—In addition to amounts
lishing priority under subparagraph (A), an ap- business’’ means any small business concern, otherwise available, there is appropriated to the
plicant shall submit a self-certification of eligi- with priority for small business concerns owned Administrator for fiscal year 2021, out of any
bility for priority with the grant application. and controlled by women (as defined in section money in the Treasury not otherwise appro-
(4) GRANT AMOUNT.— 3(n) of the Small Business Act (15 U.S.C. priated, $75,000,000, to remain available until
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H1220 CONGRESSIONAL RECORD — HOUSE March 10, 2021
September 30, 2022, for carrying out this sub- TITLE VI—COMMITTEE ON ENVIRONMENT ties, and for efforts to address wildlife traf-
section. AND PUBLIC WORKS ficking;
(d) SUNSET.—The authority of the Adminis- SEC. 6001. ECONOMIC ADJUSTMENT ASSISTANCE. (2) $30,000,000 shall be for the care of captive
trator to make grants under this section shall (a) ECONOMIC DEVELOPMENT ADMINISTRATION species listed under the Endangered Species Act
terminate on December 31, 2025. APPROPRIATION.—In addition to amounts other- of 1973, for the care of rescued and confiscated
SEC. 5005. SHUTTERED VENUE OPERATORS. wise available, there is appropriated for fiscal wildlife, and for the care of Federal trust species
(a) IN GENERAL.—In addition to amounts oth- year 2021, out of any money in the Treasury not in facilities experiencing lost revenues due to
erwise available, there is appropriated for fiscal otherwise appropriated, $3,000,000,000, to remain COVID–19; and
year 2021, out of any money in the Treasury not available until September 30, 2022, to the De- (3) $45,000,000 shall be for research and exten-
otherwise appropriated, $1,250,000,000, to remain partment of Commerce for economic adjustment sion activities to strengthen early detection,
available until expended, to carry out section assistance as authorized by sections 209 and 703 rapid response, and science-based management
324 of the Economic Aid to Hard-Hit Small Busi- of the Public Works and Economic Development to address wildlife disease outbreaks before they
nesses, Nonprofits, and Venues Act (title III of Act of 1965 (42 U.S.C. 3149 and 3233) to prevent, become pandemics and strengthen capacity for
division N of Public Law 116–260), of which prepare for, and respond to coronavirus and for wildlife health monitoring to enhance early de-
$500,000 shall be used to provide technical assist- necessary expenses for responding to economic tection of diseases that have capacity to jump
ance to help applicants access the System for injury as a result of coronavirus. the species barrier and pose a risk in the United
Award Management (or any successor thereto) (b) Of the funds provided by this section, up States, including the development of a national
or to assist applicants with an alternative grant to 2 percent shall be used for Federal costs to wildlife disease database.
(b) LACEY ACT PROVISIONS.—In addition to
application system. administer such assistance utilizing temporary
amounts otherwise made available, there is ap-
(b) REDUCTION OF SHUTTERED VENUES ASSIST- Federal personnel as may be necessary con-
propriated for fiscal year 2021, out of any money
ANCE FOR NEW PPP RECIPIENTS.—Section 324 of sistent with the requirements applicable to such
in the Treasury not otherwise appropriated,
the Economic Aid to Hard-Hit Small Businesses, administrative funding in fiscal year 2020 to
$10,000,000, to remain available until expended,
Nonprofits, and Venues Act (title III of division prevent, prepare for, and respond to coronavirus
to carry out the provisions of section 42(a) of
N of Public Law 116–260), is amended— and which shall remain available until Sep-
title 18, United States Code, and the Lacey Act
(1) in subsection (a)(1)(A)(vi)— tember 30, 2027.
(c) Of the funds provided by this section, 25 Amendments of 1981 (16 U.S.C. 3371–3378).
(A) by striking subclause (III);
(B) by redesignating subclause (IV) as sub- percent shall be for assistance to States and TITLE VII—COMMITTEE ON COMMERCE,
clause (III); and communities that have suffered economic injury SCIENCE, AND TRANSPORTATION
(C) in subclause (III), as so redesignated, by as a result of job and gross domestic product Subtitle A—Transportation and
striking ‘‘subclauses (I), (II), and (III)’’ and in- losses in the travel, tourism, or outdoor recre- Infrastructure
serting ‘‘subclauses (I) and (II)’’; and ation sectors. SEC. 7101. GRANTS TO THE NATIONAL RAILROAD
(2) in subsection (c)(1)— SEC. 6002. FUNDING FOR POLLUTION AND DIS- PASSENGER CORPORATION.
(A) in subparagraph (A), in the matter pre- PARATE IMPACTS OF THE COVID–19 (a) NORTHEAST CORRIDOR APPROPRIATION.—
ceding clause (i), by striking ‘‘A grant’’ and in- PANDEMIC. In addition to amounts otherwise available,
serting ‘‘Subject to subparagraphs (B) and (C), (a) IN GENERAL.—In addition to amounts oth- there is appropriated for fiscal year 2021, out of
a grant’’; and erwise available, there is appropriated to the any money in the Treasury not otherwise appro-
(B) by adding at the end the following: Environmental Protection Agency for fiscal year priated, $970,388,160, to remain available until
‘‘(C) REDUCTION FOR RECIPIENTS OF NEW PPP 2021, out of any money in the Treasury not oth- September 30, 2024, for grants as authorized
LOANS.— erwise appropriated, $100,000,000, to remain under section 11101(a) of the FAST Act (Public
‘‘(i) IN GENERAL.—The otherwise applicable available until expended, to address health out- Law 114–94) to prevent, prepare for, and re-
amount of a grant under subsection (b)(2) to an come disparities from pollution and the COVID– spond to coronavirus.
eligible person or entity shall be reduced by the 19 pandemic, of which— (b) NATIONAL NETWORK APPROPRIATION.—In
total amount of loans guaranteed under para- (1) $50,000,000, shall be for grants, contracts, addition to amounts otherwise available, there
graph (36) or (37) of section 7(a) of the Small and other agency activities that identify and is appropriated for fiscal year 2021, out of any
Business Act (15 U.S.C. 636(a)) that are received address disproportionate environmental or pub- money in the Treasury not otherwise appro-
on or after December 27, 2020 by the eligible per- lic health harms and risks in minority popu- priated, $729,611,840, to remain available until
son or entity. lations or low-income populations under— September 30, 2024, for grants as authorized
‘‘(ii) APPLICATION TO GOVERNMENTAL ENTI- (A) section 103(b) of the Clean Air Act (42 under section 11101(b) of the FAST Act (Public
TIES.—For purposes of applying clause (i) to an U.S.C. 7403(b)); Law 114–94) to prevent, prepare for, and re-
eligible person or entity owned by a State or a (B) section 1442 of the Safe Drinking Water spond to coronavirus.
political subdivision of a State, the relevant en- Act (42 U.S.C. 300j–1); (c) LONG-DISTANCE SERVICE RESTORATION AND
(C) section 104(k)(7)(A) of the Comprehensive EMPLOYEE RECALLS.—Not less than $165,926,000
tity—
‘‘(I) shall be the eligible person or entity; and Environmental Response, Compensation, and of the aggregate amounts made available under
‘‘(II) shall not include entities of the State or Liability Act of 1980 (42 U.S.C. 9604(k)(7)(A)); subsections (a) and (b) shall be for use by the
political subdivision other than the eligible per- and National Railroad Passenger Corporation to—
(D) sections 791 through 797 of the Energy (1) restore, not later than 90 days after the
son or entity.’’.
Policy Act of 2005 (42 U.S.C. 16131 through date of enactment of this Act, the frequency of
SEC. 5006. DIRECT APPROPRIATIONS.
16137); and rail service on long-distance routes (as defined
(a) IN GENERAL.—In addition to amounts oth- (2) $50,000,000 shall be for grants and activi- in section 24102 of title 49, United States Code)
erwise available, there is appropriated to the ties authorized under subsections (a) through that the National Railroad Passenger Corpora-
Administrator for fiscal year 2021, out of any (c) of section 103 of the Clean Air Act (42 U.S.C. tion reduced the frequency of on or after July 1,
money in the Treasury not otherwise appro- 7403) and grants and activities authorized under 2020, and continue to operate such service at
priated, to remain available until expended— section 105 of such Act (42 U.S.C. 7405). such frequency; and
(1) $840,000,000 for administrative expenses, (b) ADMINISTRATION OF FUNDS.— (2) recall and manage employees furloughed
including to prevent, prepare for, and respond (1) Of the funds made available pursuant to on or after October 1, 2020, as a result of efforts
to the COVID–19 pandemic, domestically or subsection (a)(1), the Administrator shall reserve to prevent, prepare for, and respond to
internationally, including administrative ex- 2 percent for administrative costs necessary to coronavirus.
penses related to paragraphs (36) and (37) of carry out activities funded pursuant to such (d) USE OF FUNDS IN LIEU OF CAPITAL PAY-
section 7(a) of the Small Business Act, section subsection. MENTS.—Not less than $109,805,000 of the aggre-
324 of the Economic Aid to Hard-Hit Small Busi- (2) Of the funds made available pursuant to gate amounts made available under subsections
nesses, Nonprofits, and Venues Act (title III of subsection (a)(2), the Administrator shall reserve (a) and (b)—
division N of Public Law 116–260), section 5002 5 percent for activities funded pursuant to such (1) shall be for use by the National Railroad
of this title, and section 5003 of this title; and subsection other than grants. Passenger Corporation in lieu of capital pay-
(2) $460,000,000 to carry out the disaster loan SEC. 6003. UNITED STATES FISH AND WILDLIFE ments from States and commuter rail passenger
program authorized by section 7(b) of the Small SERVICE. transportation providers that are subject to the
Business Act (15 U.S.C. 636(b)), of which (a) INSPECTION, INTERDICTION, AND RESEARCH cost allocation policy under section 24905(c) of
$70,000,000 shall be for the cost of direct loans RELATED TO CERTAIN SPECIES AND COVID–19.— title 49, United States Code; and
authorized by such section and $390,000,000 In addition to amounts otherwise made avail- (2) notwithstanding sections 24319(g) and
shall be for administrative expenses to carry out able, there is appropriated for fiscal year 2021, 24905(c)(1)(A)(i) of title 49, United States Code,
such program. out of any money in the Treasury not otherwise such amounts do not constitute cross-subsidiza-
(b) INSPECTOR GENERAL.—In addition to appropriated, $95,000,000 to remain available tion of commuter rail passenger transportation.
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amounts otherwise available, there is appro- until expended, to carry out the provisions of (e) USE OF FUNDS FOR STATE PAYMENTS FOR
priated to the Inspector General of the Small the Fish and Wildlife Act of 1956 (16 U.S.C. 742a STATE-SUPPORTED ROUTES.—
Business Administration for fiscal year 2021, out et seq.) and the Fish and Wildlife Coordination (1) IN GENERAL.—Of the amounts made avail-
of any money in the Treasury not otherwise ap- Act (16 U.S.C. 661 et seq.) through direct ex- able under subsection (b), $174,850,000 shall be
propriated, $25,000,000, to remain available until penditure, contracts, and grants, of which— for use by the National Railroad Passenger Cor-
expended, for necessary expenses of the Office (1) $20,000,000 shall be for wildlife inspections, poration to offset amounts required to be paid
of Inspector General. interdictions, investigations, and related activi- by States for covered State-supported routes.
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1221
(2) FUNDING SHARE.—The share of funding (C) REMAINING AMOUNTS.—Any amount re- airport shall continue to employ, through Sep-
provided under paragraph (1) with respect to a maining after distribution under subparagraph tember 30, 2021, at least 90 percent of the number
covered State-supported route shall be distrib- (B) shall be distributed to the sponsor of each of individuals employed (after making adjust-
uted as follows: primary airport (as such term is defined in sec- ments for retirements or voluntary employee sep-
(A) Each covered State-supported route shall tion 47102 of title 49, United States Code) based arations) by the airport as of March 27, 2020.
receive 7 percent of the costs allocated to the on each such primary airport’s passenger (B) WAIVER OF RETENTION REQUIREMENT.—
route in fiscal year 2019 under the cost alloca- enplanements compared to the total passenger The Secretary shall waive the workforce reten-
tion methodology adopted pursuant to section enplanements of all such primary airports in tion requirement if the Secretary determines
209 of the Passenger Rail Investment and Im- calendar year 2019. that—
provement Act of 2008 (Public Law 110–432). (2) FEDERAL SHARE FOR DEVELOPMENT (i) the airport is experiencing economic hard-
(B) Any remaining amounts after the distribu- PROJECTS.— ship as a direct result of the requirement; or
tion described in subparagraph (A) shall be ap- (A) IN GENERAL.—Not more than $608,000,000 (ii) the requirement reduces aviation safety or
portioned to each covered State-supported route allocated under subsection (a)(1) shall be avail- security.
in proportion to the passenger revenue of such able to pay a Federal share of 100 percent of the (C) EXCEPTION.—The workforce retention re-
route and other revenue allocated to such route costs for any grant awarded in fiscal year 2021, quirement shall not apply to nonhub airports or
in fiscal year 2019 divided by the total passenger or in fiscal year 2020 with less than a 100-per- nonprimary airports receiving funds under this
revenue and other revenue allocated to all cov- cent Federal share, for an airport development section.
ered State-supported routes in fiscal year 2019. project (as such term is defined in section 47102 (D) NONCOMPLIANCE.—Any financial assist-
(3) COVERED STATE-SUPPORTED ROUTE DE- of title 49). ance provided under this section to an airport
FINED.—In this subsection, the term ‘‘covered (B) REMAINING AMOUNTS.—Any amount re- that fails to comply with the workforce reten-
State-supported route’’ means a State-supported maining under this paragraph shall be distrib- tion requirement described in subparagraph (A),
route, as such term is defined in section 24102 of uted as described in paragraph (1)(C). and does not otherwise qualify for a waiver or
title 49, United States Code, but does not include (3) NONPRIMARY AIRPORTS.— exception under this paragraph, shall be subject
a State-supported route for which service was (A) IN GENERAL.—Not more than $100,000,000 to clawback by the Secretary.
terminated on or before February 1, 2020. shall be made available for general aviation and (d) DEFINITIONS.—In this section:
(f) USE OF FUNDS FOR DEBT REPAYMENT OR commercial service airports that are not primary (1) ELIGIBLE LARGE AIRPORT CONCESSION.—
PREPAYMENT.—Not more than $100,885,000 of the airports (as such terms are defined in section The term ‘‘eligible large airport concession’’
aggregate amounts made available under sub- 47102 of title 49, United States Code) for costs re- means a concession (as defined in section 23.3 of
sections (a) and (b) shall be— lated to operations, personnel, cleaning, saniti- title 49, Code of Federal Regulations), that is in-
(1) for the repayment or prepayment of debt zation, janitorial services, combating the spread terminal and has maximum gross receipts, aver-
incurred by the National Railroad Passenger of pathogens at the airport, and debt service aged over the previous three fiscal years, of
Corporation under financing arrangements en- payments. more than $56,420,000.
tered into prior to the date of enactment of this (B) DISTRIBUTION.—Amounts made available (2) ELIGIBLE SMALL AIRPORT CONCESSION.—
Act; and under this paragraph shall be apportioned to The term ‘‘eligible small airport concession’’
(2) to pay required reserves, costs, and fees re- each non-primary airport based on the cat- means a concession (as defined in section 23.3 of
lated to such debt, including for loans from the egories published in the most current National title 49, Code of Federal Regulations), that is in-
Department of Transportation and loans that Plan of Integrated Airport Systems, reflecting terminal and—
would otherwise have been paid from National the percentage of the aggregate published eligi- (A) a small business with maximum gross re-
Railroad Passenger Corporation revenues. ble development costs for each such category, ceipts, averaged over the previous 3 fiscal years,
(g) PROJECT MANAGEMENT OVERSIGHT.—Not and then dividing the allocated funds evenly of less than $56,420,000; or
more than $2,000,000 of the aggregate amounts among the eligible airports in each category, (B) is a joint venture (as defined in section
made available under subsections (a) and (b) rounding up to the nearest thousand dollars. 23.3 of title 49, Code of Federal Regulations).
shall be for activities authorized under section (C) REMAINING AMOUNTS.—Any amount re- SEC. 7103. EMERGENCY FAA EMPLOYEE LEAVE
11101(c) of the FAST Act (Public Law 114–94). maining under this paragraph shall be distrib- FUND.
SEC. 7102. RELIEF FOR AIRPORTS. uted as described in paragraph (1)(C). (a) ESTABLISHMENT; APPROPRIATION.—There
(a) IN GENERAL.— (4) AIRPORT CONCESSIONS.— is established in the Federal Aviation Adminis-
(1) IN GENERAL.—In addition to amounts oth- (A) IN GENERAL.—Not more than $800,000,000
tration the Emergency FAA Employee Leave
erwise available, there is appropriated for fiscal shall be made available for sponsors of primary
Fund (in this section referred to as the
year 2021, out of any funds in the Treasury not airports to provide relief from rent and minimum
‘‘Fund’’), to be administered by the Adminis-
otherwise appropriated, $8,000,000,000, to remain annual guarantees to airport concessions, of
trator of the Federal Aviation Administration,
available until September 30, 2024, for assistance which at least $640,000,000 shall be available to
for the purposes set forth in subsection (b). In
to sponsors of airports, as such terms are de- provide relief to eligible small airport conces-
addition to amounts otherwise available, there
fined in section 47102 of title 49, United States sions and of which at least $160,000,000 shall be
is appropriated for fiscal year 2021, out of any
Code, to be made available to prevent, prepare available to provide relief to eligible large air-
money in the Treasury not otherwise appro-
for, and respond to coronavirus. port concessions located at primary airports.
(B) DISTRIBUTION.—The amounts made avail- priated, $9,000,000, which shall be deposited into
(2) REQUIREMENTS AND LIMITATIONS.—
able for each set-aside in this paragraph shall the Fund and remain available through Sep-
Amounts made available under this section— tember 30, 2022.
(A) may not be used for any purpose not di- be distributed to the sponsor of each primary
airport (as such term is defined in section 47102 (b) PURPOSE.—Amounts in the Fund shall be
rectly related to the airport; and
available to the Administrator for the use of
(B) may not be provided to any airport that of title 49, United States Code) based on each
paid leave under this section by any employee of
was allocated in excess of 4 years of operating such primary airport’s passenger enplanements
the Administration who is unable to work be-
funds to prevent, prepare for, and respond to compared to the total passenger enplanements of
cause the employee—
coronavirus in fiscal year 2020. all such primary airports in calendar year 2019.
(b) ALLOCATIONS.—The following terms shall (C) CONDITIONS.—As a condition of approving (1) is subject to a Federal, State, or local quar-
apply to the amounts made available under this a grant under this paragraph— antine or isolation order related to COVID–19;
section: (i) the sponsor shall provide such relief from (2) has been advised by a health care provider
(1) OPERATING EXPENSES AND DEBT SERVICE the date of enactment of this Act until the spon- to self-quarantine due to concerns related to
PAYMENTS.— sor has provided relief equaling the total grant COVID–19;
(A) IN GENERAL.—Not more than $6,492,000,000 amount, to the extent practicable and to the ex- (3) is caring for an individual who is subject
shall be made available for primary airports, as tent permissible under State laws, local laws, to such an order or has been so advised;
such term is defined in section 47102 of title 49, and applicable trust indentures; and (4) is experiencing symptoms of COVID–19 and
United States Code, and certain cargo airports, (ii) for each set-aside, the sponsor shall pro- seeking a medical diagnosis;
for costs related to operations, personnel, clean- vide relief from rent and minimum annual guar- (5) is caring for a son or daughter of such em-
ing, sanitization, janitorial services, combating antee obligations to each eligible airport conces- ployee if the school or place of care of the son
the spread of pathogens at the airport, and debt sion in an amount that reflects each eligible air- or daughter has been closed, if the school of
service payments. port concession’s proportional share of the total such son or daughter requires or makes optional
(B) DISTRIBUTION.— Amounts made available amount of the rent and minimum annual guar- a virtual learning instruction model or requires
under this paragraph— antees of those eligible airport concessions at or makes optional a hybrid of in-person and vir-
(i) shall not be subject to the reduced appor- such airport. tual learning instruction models, or the child
tionments under section 47114(f) of title 49, (c) ADMINISTRATION.— care provider of such son or daughter is un-
United States Code; (1) ADMINISTRATIVE EXPENSES.—The Adminis- available, due to COVID–19 precautions;
(ii) shall first be apportioned as set forth in trator of the Federal Aviation Administration (6) is experiencing any other substantially
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sections 47114(c)(1)(A), 47114(c)(1)(C)(i), may retain up to 0.1 percent of the funds pro- similar condition;
47114(c)(1)(C)(ii), 47114(c)(2)(A), 47114(c)(2)(B), vided under this section to fund the award of, (7) is caring for a family member with a men-
and 47114(c)(2)(E) of title 49, United States and oversight by the Administrator of, grants tal or physical disability or who is 55 years of
Code; and made under this section. age or older and incapable of self-care, without
(iii) shall not be subject to a maximum appor- (2) WORKFORCE RETENTION REQUIREMENTS.— regard to whether another individual other than
tionment limit set forth in section 47114(c)(1)(B) (A) REQUIRED RETENTION.—As a condition for the employee is available to care for such family
of title 49, United States Code. receiving funds provided under this section, an member, if the place of care for such family
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H1222 CONGRESSIONAL RECORD — HOUSE March 10, 2021
member is closed or the direct care provider is regard to whether another individual other than (C) which has involuntarily furloughed or
unavailable due to COVID–19; or the employee is available to care for such family laid off at least 10 percent of its workforce in
(8) is obtaining immunization related to member, if the place of care for such family 2020 as compared to 2019 or has experienced at
COVID–19 or is recovering from any injury, dis- member is closed or the direct care provider is least a 15 percent decline in 2020 revenues as
ability, illness, or condition related to such im- unavailable due to COVID–19; or compared to 2019;
munization. (8) is obtaining immunization related to (D) that, as supported by sworn financial
(c) LIMITATIONS.— COVID–19 or is recovering from any injury, dis- statements or other appropriate data, has iden-
(1) PERIOD OF AVAILABILITY.—Paid leave ability, illness, or condition related to such im- tified the eligible employee group and the
under this section may only be provided to and munization. amount of total compensation level for the eligi-
used by an employee of the Administration dur- (c) LIMITATIONS.— ble employee group;
ing the period beginning on the date of enact- (1) PERIOD OF AVAILABILITY.—Paid leave (E) that agrees to provide private contribu-
ment of this section and ending on September 30, under this section may only be provided to and tions and maintain the total compensation level
2021. used by an employee of the Administration dur- for the eligible employee group for the duration
(2) TOTAL HOURS; AMOUNT.—Paid leave under ing the period beginning on the date of enact- of an agreement under this subtitle;
this section— ment of this section and ending on September 30, (F) that agrees to provide immediate notice
(A) shall be provided to an employee of the 2021. and justification to the Secretary of involuntary
Administration in an amount not to exceed 600 (2) TOTAL HOURS; AMOUNT.—Paid leave under furloughs or layoffs exceeding 10 percent of the
hours of paid leave for each full-time employee, this section— workforce that is not included in an eligible em-
and in the case of a part-time employee, em- (A) shall be provided to an employee of the ployee group for the duration of an agreement
ployee on an uncommon tour of duty, or em- Administration in an amount not to exceed 600 and receipt of public contributions under this
ployee with a seasonal work schedule, in an hours of paid leave for each full-time employee, subtitle;
amount not to exceed the proportional equiva- and in the case of a part-time employee, em- (G) that has not conducted involuntary fur-
lent of 600 hours to the extent amounts in the ployee on an uncommon tour of duty, or em- loughs or reduced pay rates or benefits for the
Fund remain available for reimbursement; ployee with a seasonal work schedule, in an eligible employee group, subject to the employ-
(B) shall be paid at the same hourly rate as amount not to exceed the proportional equiva- er’s right to discipline or terminate an employee
other leave payments; and lent of 600 hours to the extent amounts in the in accordance with employer policy, between the
(C) may not be provided to an employee if the Fund remain available for reimbursement; date of application and the date on which such
leave would result in payments greater than (B) shall be paid at the same hourly rate as a corporation, firm, or other business entity en-
$2,800 in aggregate for any biweekly pay period other leave payments; and ters into an agreement with the Secretary under
for a full-time employee, or a proportionally (C) may not be provided to an employee if the this subtitle; and
leave would result in payments greater than (H) that—
equivalent biweekly limit for a part-time em-
(i) in the case of a corporation, firm, or other
ployee. $2,800 in aggregate for any biweekly pay period
business entity including any parent company
(3) RELATIONSHIP TO OTHER LEAVE.—Paid for a full-time employee, or a proportionally
or subsidiary of such a corporation, firm, or
leave under this section— equivalent biweekly limit for a part-time em-
other business entity, that holds any type or
(A) is in addition to any other leave provided ployee.
production certificate or similar authorization
to an employee of the Administration; and (3) RELATIONSHIP TO OTHER LEAVE.—Paid
issued under section 44704 of title 49, United
(B) may not be used by an employee of the leave under this section—
States Code, with respect to a transport-cat-
Administration concurrently with any other (A) is in addition to any other leave provided
egory airplane covered under part 25 of title 14,
paid leave. to an employee of the Administration; and
(B) may not be used by an employee of the Code of Federal Regulations, certificated with a
(4) CALCULATION OF RETIREMENT BENEFIT.—
passenger seating capacity of 50 or more, agrees
Any paid leave provided to an employee of the Administration concurrently with any other
to refrain from conducting involuntary layoffs
Administration under this section shall reduce paid leave.
(4) CALCULATION OF RETIREMENT BENEFIT.— or furloughs, or reducing pay rates and benefits,
the total service used to calculate any Federal
Any paid leave provided to an employee of the for the eligible employee group, subject to the
civilian retirement benefit.
Administration under this section shall reduce employer’s right to discipline or terminate an
SEC. 7104. EMERGENCY TSA EMPLOYEE LEAVE employee in accordance with employer policy
FUND. the total service used to calculate any Federal
civilian retirement benefit. from the date of agreement until September 30,
(a) ESTABLISHMENT; APPROPRIATION.—There 2021, or the duration of the agreement and re-
is established in the Transportation Security Subtitle B—Aviation Manufacturing Jobs ceipt of public contributions under this subtitle,
Administration (in this section referred to as the Protection whichever period ends later; or
‘‘Administration’’) the Emergency TSA Em- SEC. 7201. DEFINITIONS. (ii) in the case of corporation, firm, or other
ployee Leave Fund (in this section referred to as In this subtitle: business entity not specified under subpara-
the ‘‘Fund’’), to be administered by the Admin- (1) ELIGIBLE EMPLOYEE GROUP.—The term ‘‘el- graph (i), agrees to refrain from conducting in-
istrator of the Administration, for the purposes igible employee group’’ means the portion of an voluntary layoffs or furloughs, or reducing pay
set forth in subsection (b). In addition to employer’s United States workforce that— rates and benefits, for the eligible employee
amounts otherwise available, there is appro- (A) does not exceed 25 percent of the employ- group, subject to the employer’s right to dis-
priated for fiscal year 2021, out of any money in er’s total United States workforce as of April 1, cipline or terminate an employee in accordance
the Treasury not otherwise appropriated, 2020; and with employer policy for the duration of the
$13,000,000, which shall be deposited into the (B) contains only employees with a total com- agreement and receipt of public contributions
Fund and remain available through September pensation level of $200,000 or less per year; and under this subtitle.
30, 2022. (C) is engaged in aviation manufacturing ac- (3) EMPLOYEE.—The term ‘‘employee’’ has the
(b) PURPOSE.—Amounts in the Fund shall be tivities and services, or maintenance, repair, meaning given that term in section 3 of the Fair
available to the Administration for the use of and overhaul activities and services. Labor Standards Act of 1938 (29 U.S.C. 203).
paid leave under this section by any employee of (2) AVIATION MANUFACTURING COMPANY.—The (4) EMPLOYER.—The term ‘‘employer’’ means
the Administration who is unable to work be- term ‘‘aviation manufacturing company’’ means an aviation manufacturing company that is an
cause the employee— a corporation, firm, or other business entity— employer (as defined in section 3 of the Fair
(1) is subject to a Federal, State, or local quar- (A) that— Labor Standards Act of 1938 (29 U.S.C. 203)).
antine or isolation order related to COVID–19; (i) actively manufactures an aircraft, aircraft (5) PRIVATE CONTRIBUTION.—The term ‘‘pri-
(2) has been advised by a health care provider engine, propeller, or a component, part, or sys- vate contribution’’ means the contribution fund-
to self-quarantine due to concerns related to tems of an aircraft or aircraft engine under a ed by the employer under this subtitle to main-
COVID–19; Federal Aviation Administration production ap- tain 50 percent of the eligible employee group’s
(3) is caring for an individual who is subject proval; total compensation level, and combined with the
to such an order or has been so advised; (ii) holds a certificate issued under part 145 of public contribution, is sufficient to maintain the
(4) is experiencing symptoms of COVID–19 and title 14, Code of Federal Regulations, for main- total compensation level for the eligible em-
seeking a medical diagnosis; tenance, repair, and overhaul of aircraft, air- ployee group as of April 1, 2020.
(5) is caring for a son or daughter of such em- craft engines, components, or propellers; or (6) PUBLIC CONTRIBUTION.—The term ‘‘public
ployee if the school or place of care of the son (iii) operates a process certified to SAE AS9100 contribution’’ means the contribution funded by
or daughter has been closed, if the school of related to the design, development, or provision the Federal Government under this subtitle to
such son or daughter requires or makes optional of an aviation product or service, including a provide 50 percent of the eligible employees
a virtual learning instruction model or requires part, component, or assembly; group’s total compensation level, and combined
or makes optional a hybrid of in-person and vir- (B) which— with the private contribution, is sufficient to
tual learning instruction models, or the child (i) is established, created, or organized in the maintain the total compensation level for those
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care provider of such son or daughter is un- United States or under the laws of the United in the eligible employee group as of April 1, 2020.
available, due to COVID–19 precautions; States; and (7) SECRETARY.—The term ‘‘Secretary’’ means
(6) is experiencing any other substantially (ii) has significant operations in, and a major- the Secretary of Transportation.
similar condition; ity of its employees engaged in aviation manu- (8) TOTAL COMPENSATION LEVEL.—The term
(7) is caring for a family member with a men- facturing activities and services, or mainte- ‘‘total compensation level’’ means the level of
tal or physical disability or who is 55 years of nance, repair, and overhaul activities and serv- total base compensation and benefits being pro-
age or older and incapable of self-care, without ices based in the United States; vided to an eligible employee group employee,
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1223
excluding overtime and premium pay, and ex- (B) a subcontractor that performs such func- mon stock (or equivalent interest) of the con-
cluding any Federal, State, or local payroll tions; tractor through September 30, 2022;
taxes paid, as of April 1, 2020. (3) the term ‘‘employee’’ means an individual, (iv) during the 2-year period beginning April
SEC. 7202. PAYROLL SUPPORT PROGRAM. other than a corporate officer, who is employed 1, 2021, and ending April 1, 2023, refrain from
(a) IN GENERAL.—The Secretary shall estab- by an air carrier or a contractor; paying—
lish a payroll support program and enter into (4) the term ‘‘eligible air carrier’’ means an air (I) any officer or employee of the contractor
agreements with employers who meet the eligi- carrier that— whose total compensation exceeded $425,000 in
bility criteria specified in subsection (b) and are (A) received financial assistance pursuant sec- calendar year 2019 (other than an employee
not ineligible under subsection (c), to provide tion 402(a)(1) of division N of the Consolidated whose compensation is determined through an
public contributions to supplement compensa- Appropriations Act, 2021 (Public Law 116–260); existing collective bargaining agreement entered
tion of an eligible employee group. There is ap- (B) provides air transportation as of March into prior to the date of enactment of this Act)—
propriated for fiscal year 2021, out of amounts 31, 2021; (aa) total compensation that exceeds, during
in the Treasury not otherwise appropriated, (C) has not conducted involuntary furloughs any 12 consecutive months of such 2-year pe-
$3,000,000,000, to remain available until Sep- or reduced pay rates or benefits between March riod, the total compensation received by the offi-
tember 30, 2023, for the Secretary to carry out 31, 2021, and the date on which the air carrier cer or employee from the contractor in calendar
the payroll support program authorized under makes a certification to the Secretary pursuant year 2019; or
the preceding sentence for which 1 percent of to subparagraph (D); and (bb) severance pay or other benefits upon ter-
the funds may be used for implementation costs (D) certifies to the Secretary that such air car- mination of employment with the contractor
and administrative expenses. rier will— which exceeds twice the maximum total com-
(b) ELIGIBILITY.—The Secretary shall enter (i) refrain from conducting involuntary fur- pensation received by the officer or employee
into an agreement and provide public contribu- loughs or reducing pay rates or benefits until from the contractor in calendar year 2019; and
tions, for a term no longer than 6 months, solely September 30, 2021, or the date on which assist- (II) any officer or employee of the contractor
with an employer that agrees to use the funds ance provided under this section is exhausted, whose total compensation exceeded $3,000,000 in
received under an agreement exclusively for the whichever is later; calendar year 2019 during any 12 consecutive
continuation of employee wages, salaries, and (ii) refrain from purchasing an equity security months of such period total compensation in ex-
benefits, to maintain the total compensation of the air carrier or the parent company of the cess of the sum of—
level for the eligible employee group as of April air carrier that is listed on a national securities (aa) $3,000,000; and
1, 2020 for the duration of the agreement, and to exchange through September 30, 2022; (bb) 50 percent of the excess over $3,000,000 of
(iii) refrain from paying dividends, or making the total compensation received by the officer or
facilitate the retention, rehire, or recall of em-
other capital distributions, with respect to com- employee from the contractor in calendar year
ployees of the employer, except that such funds
mon stock (or equivalent interest) of such air 2019.
may not be used for back pay of returning re-
carrier through September 30, 2022; (6) the term ‘‘Secretary’’ means the Secretary
hired or recalled employees.
(iv) during the 2-year period beginning April of the Treasury.
(c) INELIGIBILITY.—The Secretary may not
1, 2021, and ending April 1, 2023, refrain from (b) PAYROLL SUPPORT GRANTS.—
enter into any agreement under this section
paying— (1) IN GENERAL.—The Secretary shall make
with an employer who was allowed a credit
(I) any officer or employee of the air carrier available to eligible air carriers and eligible con-
under section 2301 of the CARES Act (26 U.S.C.
whose total compensation exceeded $425,000 in tractors, financial assistance exclusively for the
3111 note) for the immediately preceding cal-
calendar year 2019 (other than an employee continuation of payment of employee wages,
endar quarter ending before such agreement is
whose compensation is determined through an salaries, and benefits to—
entered into, who received financial assistance
existing collective bargaining agreement entered (A) eligible air carriers, in an aggregate
under section 4113 of the CARES Act (15 U.S.C.
into prior to the date of enactment of this Act)— amount of $14,000,000,000; and
9073), or who is currently expending financial
(aa) total compensation that exceeds, during (B) eligible contractors, in an aggregate
assistance under the paycheck protection pro-
any 12 consecutive months of such 2-year pe- amount of $1,000,000,000.
gram established under section 7(a)(36) of the (2) APPORTIONMENTS.—
riod, the total compensation received by the offi-
Small Business Act (15 U.S.C. 636(a)(36)), as of (A) IN GENERAL.—The Secretary shall appor-
cer or employee from the air carrier in calendar
the date the employer submits an application tion funds to eligible air carriers and eligible
year 2019; or
under the payroll support program established (bb) severance pay or other benefits upon ter- contractors in accordance with the requirements
under subsection (a). mination of employment with the air carrier of this section not later than April 15, 2021.
(d) REDUCTIONS.—To address any shortfall in (B) ELIGIBLE AIR CARRIERS.—The Secretary
which exceeds twice the maximum total com-
assistance that would otherwise be provided shall apportion funds made available under
pensation received by the officer or employee
under this subtitle, the Secretary shall reduce, paragraph (1)(A) to each eligible air carrier in
from the air carrier in calendar year 2019; and
on a pro rata basis, the financial assistance pro- the ratio that—
(II) any officer or employee of the air carrier
vided under this subtitle. (i) the amount received by the air carrier pur-
whose total compensation exceeded $3,000,000 in
(e) AGREEMENT DEADLINE.—No agreement suant to section 403(a) of division N of the Con-
calendar year 2019 during any 12 consecutive
may be entered into by the Secretary under the solidated Appropriations Act, 2021 (Public Law
months of such period total compensation in ex-
payroll support program established under sub- 116–260) bears to
cess of the sum of—
section (a) after the last day of the 6 month pe- (ii) $15,000,000,000.
(aa) $3,000,000; and
riod that begins on the effective date of the first (bb) 50 percent of the excess over $3,000,000 of (C) ELIGIBLE CONTRACTORS.—The Secretary
agreement entered into under such program. the total compensation received by the officer or shall apportion, to each eligible contractor, an
Subtitle C—Airlines employee from the air carrier in calendar year amount equal to the total amount such con-
SEC. 7301. AIR TRANSPORTATION PAYROLL SUP- 2019. tractor received pursuant to section 403(a) of di-
PORT PROGRAM EXTENSION. (5) the term ‘‘eligible contractor’’ means a vision N of the Consolidated Appropriations Act,
(a) DEFINITIONS.—The definitions in section contractor that— 2021 (Public Law 116–260).
40102(a) of title 49, United States Code, shall (A) received financial assistance pursuant to (3) IN GENERAL.—
apply with respect to terms used in this section, section 402(a)(2) of division N of the Consoli- (A) FORMS; TERMS AND CONDITIONS.—The Sec-
except that— dated Appropriations Act, 2021 (Public Law 116– retary shall provide financial assistance to an
(1) the term ‘‘catering functions’’ means prep- 260); eligible air carrier or eligible contractor under
aration, assembly, or both, of food, beverages, (B) performs one or more of the functions de- this section in the same form and on the same
provisions and related supplies for delivery, and scribed under paragraph (2) as of March 31, terms and conditions as determined by pursuant
the delivery of such items, directly to aircraft or 2021; to section 403(b)(1)(A) of subtitle A of title IV of
to a location on or near airport property for (C) has not conducted involuntary furloughs division N of the Consolidated Appropriations
subsequent delivery to aircraft; or reduced pay rates or benefits between March Act, 2021 (Pub. L. No. 116–260).
(2) the term ‘‘contractor’’ means— 31, 2021, and the date on which the contractor (B) PROCEDURES.—The Secretary shall publish
(A) a person that performs, under contract makes a certification to the Secretary pursuant streamlined and expedited procedures not later
with a passenger air carrier conducting oper- to subparagraph (D); and than 5 days after the date of enactment of this
ations under part 121 of title 14, Code of Federal (D) certifies to the Secretary that such con- section for eligible air carriers and eligible con-
Regulations— tractor will— tractors to submit requests for financial assist-
(i) catering functions; or (i) refrain from conducting involuntary fur- ance under this section.
(ii) functions on the property of an airport loughs or reducing pay rates or benefits until (C) DEADLINE FOR IMMEDIATE PAYROLL ASSIST-
that are directly related to the air transpor- September 30, 2021, or the date on which assist- ANCE.—Not later than 10 days after the date of
tation of persons, property, or mail, including ance provided under this section is exhausted, enactment of this section, the Secretary shall
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the loading and unloading of property on air- whichever is later; make initial payments to air carriers and con-
craft, assistance to passengers under part 382 of (ii) refrain from purchasing an equity security tractors that submit requests for financial as-
title 14, Code of Federal Regulations, security, of the contractor or the parent company of the sistance approved by the Secretary.
airport ticketing and check-in functions, contractor that is listed on a national securities (4) TAXPAYER PROTECTION.—The Secretary
ground-handling of aircraft, or aircraft cleaning exchange through September 30, 2022; shall receive financial instruments issued by re-
and sanitization functions and waste removal; (iii) refrain from paying dividends, or making cipients of financial assistance under this sec-
or other capital distributions, with respect to com- tion in the same form and amount, and under
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H1224 CONGRESSIONAL RECORD — HOUSE March 10, 2021
the same terms and conditions, as determined by made available from the Emergency (6) ELIGIBLE EQUIPMENT.—The term ‘‘eligible
the Secretary under section 408 of subtitle A of Connectivity Fund, of support under para- equipment’’ means the following:
title IV of division N of the Consolidated Appro- graphs (1)(B) and (2) of section 254(h) of the (A) Wi-Fi hotspots.
priations Act, 2021 (Pub. L. No. 116–260). Communications Act of 1934 (47 U.S.C. 254(h)) to (B) Modems.
(5) ADMINISTRATIVE EXPENSES.—Of the an eligible school or library, for the purchase (C) Routers.
amounts made available under paragraph during a COVID–19 emergency period of eligible (D) Devices that combine a modem and router.
(1)(A), $10,000,000 shall be made available to the equipment or advanced telecommunications and (E) Connected devices.
Secretary for costs and administrative expenses (7) ELIGIBLE SCHOOL OR LIBRARY.—The term
information services (or both), for use by—
associated with providing financial assistance (1) in the case of a school, students and staff ‘‘eligible school or library’’ means an elementary
under this section. of the school at locations that include locations school, secondary school, or library (including a
(c) FUNDING.—In addition to amounts other- other than the school; and Tribal elementary school, Tribal secondary
wise available, there is appropriated for fiscal (2) in the case of a library, patrons of the li- school, or Tribal library) eligible for support
year 2021, out of any money in the Treasury not brary at locations that include locations other under paragraphs (1)(B) and (2) of section
otherwise appropriated, $15,000,000,000, to re- than the library. 254(h) of the Communications Act of 1934 (47
main available until expended, to carry out this (b) SUPPORT AMOUNT.—In providing support U.S.C. 254(h)).
section. under the covered regulations, the Commission (8) EMERGENCY CONNECTIVITY FUND.—The
shall reimburse 100 percent of the costs associ- term ‘‘Emergency Connectivity Fund’’ means
Subtitle D—Consumer Protection and the fund established under subsection (c)(1).
Commerce Oversight ated with the eligible equipment, advanced tele-
communications and information services, or eli- (9) LIBRARY.—The term ‘‘library’’ includes a
SEC. 7401. FUNDING FOR CONSUMER PRODUCT library consortium.
SAFETY FUND TO PROTECT CON-
gible equipment and advanced telecommuni-
cations and information services, except that (10) WI-FI.—The term ‘‘Wi-Fi’’ means a wire-
SUMERS FROM POTENTIALLY DAN- less networking protocol based on Institute of
GEROUS PRODUCTS RELATED TO any reimbursement of a school or library for the
costs associated with any eligible equipment Electrical and Electronics Engineers standard
COVID–19.
may not exceed an amount that the Commission 802.11 (or any successor standard).
(a) APPROPRIATION.—In addition to amounts (11) WI-FI HOTSPOT.—The term ‘‘Wi-Fi
otherwise available, there is appropriated to the determines, with respect to the request by the
hotspot’’ means a device that is capable of—
Consumer Product Safety Commission for fiscal school or library for the reimbursement, is rea- (A) receiving advanced telecommunications
year 2021, out of any money in the Treasury not sonable. and information services; and
otherwise appropriated, $50,000,000, to remain (c) EMERGENCY CONNECTIVITY FUND.—
(B) sharing such services with a connected de-
available until September 30, 2026, for the pur- (1) ESTABLISHMENT.—There is established in
vice through the use of Wi-Fi.
poses described in subsection (b). the Treasury of the United States a fund to be
SEC. 7403. FUNDING FOR DEPARTMENT OF COM-
(b) PURPOSES.—The funds made available in known as the ‘‘Emergency Connectivity Fund’’.
MERCE INSPECTOR GENERAL.
subsection (a) shall only be used for purposes of (2) APPROPRIATION.—In addition to amounts
otherwise available, there is appropriated to the In addition to amounts otherwise available,
the Consumer Product Safety Commission to— there is appropriated to the Office of the Inspec-
(1) carry out the requirements in title XX of Emergency Connectivity Fund for fiscal year
2021, out of any money in the Treasury not oth- tor General of the Department of Commerce for
division FF of the Consolidated Appropriations fiscal year 2021, out of any money in the Treas-
Act, 2021 (Public Law 116–260); erwise appropriated—
(A) $7,171,000,000, to remain available until ury not otherwise appropriated, $3,000,000, to
(2) enhance targeting, surveillance, and remain available until September 30, 2022, for
screening of consumer products, particularly September 30, 2030, for—
(i) the provision of support under the covered oversight of activities supported with funds ap-
COVID–19 products, entering the United States propriated to the Department of Commerce to
at ports of entry, including ports of entry for de regulations; and
(ii) the Commission to adopt, and the Commis- prevent, prepare for, and respond to COVID–19.
minimis shipments; SEC. 7404. FEDERAL TRADE COMMISSION FUND-
sion and the Universal Service Administrative
(3) enhance monitoring of internet websites ING FOR COVID–19 RELATED WORK.
Company to administer, the covered regulations;
for the offering for sale of new and used viola- (a) APPROPRIATION.—In addition to amounts
and
tive consumer products, particularly COVID–19 otherwise available, there is appropriated to the
(B) $1,000,000, to remain available until Sep-
products, and coordination with retail and re- Federal Trade Commission for fiscal year 2021,
tember 30, 2030, for the Inspector General of the
sale websites to improve identification and elimi- $30,400,000, to remain available until September
Commission to conduct oversight of support pro-
nation of listings of such products; 30, 2026, for the purposes described in subsection
vided under the covered regulations.
(4) increase awareness and communication (3) LIMITATION.—Not more than 2 percent of (b).
particularly of COVID–19 product related risks the amount made available under paragraph (b) PURPOSES.—From the amount appro-
and other consumer product safety information; (2)(A) may be used for the purposes described in priated under subsection (a), the Federal Trade
and clause (ii) of such paragraph. Commission shall use—
(5) improve the Commission’s data collection (4) RELATIONSHIP TO UNIVERSAL SERVICE CON- (1) $4,400,000 to process and monitor consumer
and analysis system especially with a focus on TRIBUTIONS.—Support provided under the cov- complaints received into the Consumer Sentinel
consumer product safety risks resulting from the ered regulations shall be provided from amounts Network, including increased complaints re-
COVID–19 pandemic to socially disadvantaged made available from the Emergency ceived regarding unfair or deceptive acts or
individuals and other vulnerable populations. Connectivity Fund and not from contributions practices related to COVID–19;
(c) DEFINITIONS.—In this section— under section 254(d) of the Communications Act (2) $2,000,000 for consumer-related education,
(1) the term ‘‘Commission’’ means the Con- including in connection with unfair or deceptive
of 1934 (47 U.S.C. 254(d)).
sumer Product Safety Commission; (d) DEFINITIONS.—In this section: acts or practices related to COVID–19; and
(2) the term ‘‘violative consumer products’’ (1) ADVANCED TELECOMMUNICATIONS AND IN- (3) $24,000,000 to fund full-time employees of
means consumer products in violation of an ap- FORMATION SERVICES.—The term ‘‘advanced the Federal Trade Commission to address unfair
plicable consumer product safety standard telecommunications and information services’’ or deceptive acts or practices, including those
under the Consumer Product Safety Act (15 means advanced telecommunications and infor- related to COVID–19.
U.S.C. 2051 et seq.) or any similar rule, regula- mation services, as such term is used in section
tion, standard, or ban under any other Act en- Subtitle E—Science and Technology
254(h) of the Communications Act of 1934 (47 SEC. 7501. NATIONAL INSTITUTE OF STANDARDS
forced by the Commission; U.S.C. 254(h)).
(3) the term ‘‘COVID–19 emergency period’’ AND TECHNOLOGY.
(2) COMMISSION.—The term ‘‘Commission’’ In addition to amounts otherwise made avail-
means the period during which a public health means the Federal Communications Commission.
emergency declared pursuant to section 319 of able, there are appropriated to the National In-
(3) CONNECTED DEVICE.—The term ‘‘connected
the Public Health Service Act (42 U.S.C. 247d) stitute of Standards and Technology for fiscal
device’’ means a laptop computer, tablet com-
with respect to the 2019 novel coronavirus year 2021, out of any money in the Treasury not
puter, or similar end-user device that is capable
(COVID–19), including under any renewal of otherwise appropriated, $150,000,000, to remain
of connecting to advanced telecommunications
such declaration, is in effect; and available until September 30, 2022, to fund
and information services.
(4) the term ‘‘COVID–19 products’’ means con- (4) COVERED REGULATIONS.—The term ‘‘cov- awards for research, development, and testbeds
sumer products, as defined by section 3(a)(5) of ered regulations’’ means the regulations promul- to prevent, prepare for, and respond to
the Consumer Product Safety Act (15 U.S.C. gated under subsection (a). coronavirus. None of the funds provided by this
2052(a)(5)), whose risks have been significantly (5) COVID–19 EMERGENCY PERIOD.—The term section shall be subject to cost share require-
affected by COVID–19 or whose sales have mate- ‘‘COVID–19 emergency period’’ means a period ments.
rially increased during the COVID–19 emer- that— SEC. 7502. NATIONAL SCIENCE FOUNDATION.
gency period as a result of the COVID–19 pan- (A) begins on the date of a determination by In addition to amounts otherwise made avail-
demic. the Secretary of Health and Human Services able, there are appropriated to the National
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SEC. 7402. FUNDING FOR E-RATE SUPPORT FOR pursuant to section 319 of the Public Health Science Foundation for fiscal year 2021, out of
EMERGENCY EDUCATIONAL CON- Service Act (42 U.S.C. 247d) that a public health any money in the Treasury not otherwise appro-
NECTIONS AND DEVICES. emergency exists as a result of COVID–19; and priated, $600,000,000, to remain available until
(a) REGULATIONS REQUIRED.—Not later than (B) ends on the June 30 that first occurs after September 30, 2022, to fund or extend new and
60 days after the date of the enactment of this the date that is 1 year after the date on which existing research grants, cooperative agree-
Act, the Commission shall promulgate regula- such determination (including any renewal ments, scholarships, fellowships, and appren-
tions providing for the provision, from amounts thereof) terminates. ticeships, and related administrative expenses to
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1225
prevent, prepare for, and respond to SEC. 8006. COVID–19 VETERAN RAPID RETRAIN- (d) AMOUNT OF ASSISTANCE.—
coronavirus. ING ASSISTANCE PROGRAM. (1) RETRAINING ASSISTANCE.—The Secretary of
(a) IN GENERAL.—The Secretary of Veterans Veterans Affairs shall provide to an eligible vet-
Subtitle F—Corporation for Public
Affairs shall carry out a program under which eran pursuing a covered program of education
Broadcasting
the Secretary shall provide up to 12 months of under the retraining assistance program under
SEC. 7601. SUPPORT FOR THE CORPORATION FOR retraining assistance to an eligible veteran for this section an amount equal to the amount of
PUBLIC BROADCASTING. the pursuit of a covered program of education. educational assistance payable under section
In addition to amounts otherwise made avail- Such retraining assistance shall be in addition 3313(c)(1)(A) of title 38, United States Code, for
able, there is appropriated to the Corporation to any other entitlement to educational assist- each month the veteran pursues the covered
for Public Broadcasting for fiscal year 2021, out ance or benefits for which a veteran is, or has program of education. Such amount shall be
of any money in the Treasury not otherwise ap- been, eligible. payable directly to the educational institution
propriated, $175,000,000, to remain available (b) ELIGIBLE VETERANS.— offering the covered program of education pur-
until expended, to prevent, prepare for, and re- (1) IN GENERAL.—In this section, the term ‘‘eli- sued by the veteran as follows:
spond to coronavirus, including for fiscal sta- gible veteran’’ means a veteran who— (A) 50 percent of the total amount payable
bilization grants to public telecommunications (A) as of the date of the receipt by the Depart- shall be paid when the eligible veteran begins
entities, as defined in section 397 of the Commu- ment of Veterans Affairs of an application for the program of education.
nications Act of 1934 (47 U.S.C. 397), with no de- assistance under this section, is at least 22 years (B) 25 percent of the total amount payable
duction for administrative or other costs of the of age but not more than 66 years of age; shall be paid when the eligible veteran completes
Corporation, to maintain programming and (B) as of such date, is unemployed by reason the program of education.
services and preserve small and rural stations of the covered public health emergency, as cer- (C) 25 percent of the total amount payable
threatened by declines in non-Federal revenues. tified by the veteran; shall be paid when the eligible veteran finds em-
TITLE VIII—COMMITTEE ON VETERANS’ (C) as of such date, is not eligible to receive
ployment in a field related to the program of
AFFAIRS educational assistance under chapter 30, 31, 32,
education.
33, or 35 of title 38, United States Code, or chap-
SEC. 8001. FUNDING FOR CLAIMS AND APPEALS (2) FAILURE TO COMPLETE.—
ter 1606 of title 10, United States Code;
PROCESSING. (A) PRO-RATED PAYMENTS.—In the case of a
(D) is not enrolled in any Federal or State
In addition to amounts otherwise made avail- veteran who pursues a covered program of edu-
jobs program;
able, there is appropriated for fiscal year 2021, cation under the retraining assistance program
(E) is not in receipt of compensation for a
out of any money in the Treasury not otherwise under this section, but who does not complete
service-connected disability rated totally dis-
appropriated, $272,000,000, to remain available the program of education, the Secretary shall
abling by reason of unemployability; and
until September 30, 2023, pursuant to sections (F) will not be in receipt of unemployment pay to the educational institution offering such
308, 310, 7101 through 7113, 7701, and 7703 of compensation (as defined in section 85(b) of the program of education a pro-rated amount based
title 38, United States Code. Internal Revenue Code of 1986), including any on the number of months the veteran pursued
SEC. 8002. FUNDING AVAILABILITY FOR MEDICAL cash benefit received pursuant to subtitle A of the program of education in accordance with
CARE AND HEALTH NEEDS. title II of division A of the CARES Act (Public this paragraph.
In addition to amounts otherwise made avail- Law 116–136), as of the first day on which the (B) PAYMENT OTHERWISE DUE UPON COMPLE-
TION OF PROGRAM.—The Secretary shall pay to
able, there is appropriated for fiscal year 2021, veteran would receive a housing stipend pay-
out of any money in the Treasury not otherwise ment under this section. the educational institution a pro-rated amount
appropriated, $14,482,000,000, to remain avail- (2) TREATMENT OF VETERANS WHO TRANSFER under paragraph (1)(B) when the veteran pro-
able until September 30, 2023, for allocation ENTITLEMENT.—For purposes of paragraph vides notice to the educational institution that
under chapters 17, 20, 73, and 81 of title 38, (1)(C), a veteran who has transferred all of the the veteran no longer intends to pursue the pro-
United States Code, of which not more than veteran’s entitlement to educational assistance gram of education.
$4,000,000,000 shall be available pursuant to sec- under section 3319 of title 38, United States (C) NONRECOVERY FROM VETERAN.—In the
tion 1703 of title 38, United States Code for Code, shall be considered to be a veteran who is case of a veteran referred to in subparagraph
health care furnished through the Veterans not eligible to receive educational assistance (A), the educational institution may not seek
Community Care program in sections 1703(c)(1) under chapter 33 of such title. payment from the veteran for any amount that
and 1703(c)(5) of such title. (3) FAILURE TO COMPLETE.—A veteran who re- would have been payable under paragraph
ceives retraining assistance under this section to (1)(B) had the veteran completed the program of
SEC. 8003. FUNDING FOR SUPPLY CHAIN MOD-
ERNIZATION. pursue a program of education and who fails to education.
complete the program of education shall not be (D) PAYMENT DUE UPON EMPLOYMENT.—
In addition to amounts otherwise made avail- (i) VETERANS WHO FIND EMPLOYMENT.—In the
able, there is appropriated for fiscal year 2021, eligible to receive additional assistance under
this section. case of a veteran referred to in subparagraph
out of any money in the Treasury not otherwise
(c) COVERED PROGRAMS OF EDUCATION.— (A) who finds employment in a field related to
appropriated, $100,000,000, to remain available
(1) IN GENERAL.—For purposes of this section, the program of education during the 180-day pe-
until September 30, 2022, for the supply chain
a covered program of education is a program of riod beginning on the date on which the veteran
modernization initiative under sections 308, 310,
education (as such term is defined in section withdraws from the program of education, the
and 7301(b) of title 38, United States Code.
3452(b) of title 38, United States Code) for train- Secretary shall pay to the educational institu-
SEC. 8004. FUNDING FOR STATE HOMES. tion a pro-rated amount under paragraph (1)(C)
ing, pursued on a full-time or part-time basis—
In addition to amounts otherwise made avail- (A) that— when the veteran finds such employment.
able, there are appropriated for fiscal year 2021, (i) is approved under chapter 36 of such title; (ii) VETERANS WHO DO NOT FIND EMPLOY-
out of any money in the Treasury not otherwise (ii) does not lead to a bachelors or graduate MENT.—In the case of a veteran referred to in
appropriated— degree; and subparagraph (A) who does not find employ-
(1) $500,000,000, to remain available until ex- (iii) is designed to provide training for a high- ment in a field related to the program of edu-
pended, for allocation under sections 8131 demand occupation, as determined under para- cation during the 180-day period beginning on
through 8137 of title 38, United States Code: and graph (3); or the date on which the veteran withdraws from
(2) $250,000,000, to remain available until Sep- (B) that is a high technology program of edu- the program of education—
tember 30, 2022, for a one-time only obligation cation offered by a qualified provider, under the (I) the Secretary shall not make a payment to
and expenditure to existing State extended care meaning given such terms in section 116 of the the educational institution under paragraph
facilities for veterans in proportion to each Harry W. Colmery Veterans Educational Assist- (1)(C); and
State’s share of the total resident capacity in ance Act of 2017 (Public Law 115–48; 38 U.S.C. (II) the educational institution may not seek
such facilities as of the date of enactment of this 3001 note). payment from the veteran for any amount that
Act where such capacity includes only veterans (2) ACCREDITED PROGRAMS.—In the case of an would have been payable under paragraph
on whose behalf the Department pays a per accredited program of education, the program of (1)(C) had the veteran found employment during
diem payment pursuant to section 1741 or 1745 of education shall not be considered a covered pro- such 180-day period.
title 38, United States Code. gram of education under this section if the pro- (3) HOUSING STIPEND.—For each month that
SEC. 8005. FUNDING FOR THE DEPARTMENT OF gram has received a show cause order from the an eligible veteran pursues a covered program of
VETERANS AFFAIRS OFFICE OF IN- accreditor of the program during the five-year education under the retraining assistance pro-
SPECTOR GENERAL. period preceding the date of the enactment of gram under this section, the Secretary shall pay
In addition to amounts otherwise made avail- this Act. to the veteran a monthly housing stipend in an
able, there is appropriated to the Office of In- (3) DETERMINATION OF HIGH-DEMAND OCCUPA- amount equal to—
spector General of the Department of Veterans TIONS.—In carrying out this section, the Sec- (A) in the case of a covered program of edu-
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Affairs for fiscal year 2021, out of any money in retary shall use the list of high-demand occupa- cation leading to a degree, or a covered program
the Treasury not otherwise appropriated, tions compiled by the Commissioner of Labor of education not leading to a degree, at an insti-
$10,000,000, to remain available until expended, Statistics. tution of higher learning (as that term is de-
for audits, investigations, and other oversight of (4) FULL-TIME DEFINED.—For purposes of this fined in section 3452(f) of title 38, United States
projects and activities carried out with funds subsection, the term ‘‘full-time’’ has the mean- Code) pursued on more than a half-time basis,
made available to the Department of Veterans ing given such term under section 3688 of title the amount specified under subsection (c)(1)(B)
Affairs. 38, United States Code. of section 3313 of title 38, United States Code;
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H1226 CONGRESSIONAL RECORD — HOUSE March 10, 2021
(B) in the case of a covered program of edu- (2) has been advised by a health care provider (b) INCREASE IN NUMBER OF WEEKS.—Section
cation other than a program of education lead- to self-quarantine due to concerns related to 2102(c)(2) of such Act (15 U.S.C. 9021(c)(2)) is
ing to a degree at an institution other than an COVID–19; amended—
institution of higher learning pursued on more (3) is caring for an individual who is subject (1) by striking ‘‘50 weeks’’ and inserting ‘‘79
than a half-time basis, the amount specified to such an order or has been so advised; weeks’’; and
under subsection (g)(3)(A)(ii) of such section; or (4) is experiencing symptoms of COVID–19 and (2) by striking ‘‘50-week period’’ and inserting
(C) in the case of a covered program of edu- seeking a medical diagnosis; ‘‘79-week period’’.
cation pursued on less than a half-time basis, or (5) is caring for a son or daughter of such em- (c) HOLD HARMLESS FOR PROPER ADMINISTRA-
a covered program of education pursued solely ployee if the school or place of care of the son TION.—In the case of an individual who is eligi-
through distance learning on more than a half- or daughter has been closed, if the school of ble to receive pandemic unemployment assist-
time basis, the amount specified under sub- such son or daughter requires or makes optional ance under section 2102 of the CARES Act (15
section (c)(1)(B)(iii) of such section. a virtual learning instruction model or requires U.S.C. 9021) as of the day before the date of en-
(4) FAILURE TO FIND EMPLOYMENT.—The Sec- or makes optional a hybrid of in-person and vir- actment of this Act and on the date of enact-
retary shall not make a payment under para- tual learning instruction models, or the child ment of this Act becomes eligible for pandemic
graph (1)(C) with respect to an eligible veteran care provider of such son or daughter is un- emergency unemployment compensation under
who completes or fails to complete a program of available, due to COVID–19 precautions; section 2107 of the CARES Act (15 U.S.C. 9025)
education under the retraining assistance pro- (6) is experiencing any other substantially by reason of the amendments made by section
gram under this section if the veteran fails to similar condition; 9016(b) of this title, any payment of pandemic
find employment in a field related to the pro- (7) is caring for a family member with a men- unemployment assistance under such section
gram of education within the 180-period begin- tal or physical disability or who is 55 years of 2102 made after the date of enactment of this
ning on the date on which the veteran with- age or older and incapable of self-care, without Act to such individual during an appropriate
draws from or completes the program. regard to whether another individual other than period of time, as determined by the Secretary of
(e) NO TRANSFERABILITY.—Retraining assist- the employee is available to care for such family Labor, that should have been made under such
ance provided under this section may not be member, if the place of care for such family section 2107 shall not be considered to be an
transferred to another individual. member is closed or the direct care provider is overpayment of assistance under such section
(f) LIMITATION.—Not more than 17,250 eligible unavailable due to COVID–19; or 2102, except that an individual may not receive
veterans may receive retraining assistance (8) is obtaining immunization related to payment for assistance under section 2102 and a
under this section. COVID–19 or to recover from any injury, dis- payment for assistance under section 2107 for
(g) TERMINATION.—No retraining assistance ability, illness, or condition related to such im- the same week of unemployment.
may be paid under this section after the date munization. (d) EFFECTIVE DATE.—The amendments made
that is 21 months after the date of the enact- (c) LIMITATIONS.— by subsections (a) and (b) shall apply as if in-
ment of this Act. (1) PERIOD OF AVAILABILITY.—Paid leave
cluded in the enactment of the CARES Act
(h) FUNDING.—In addition to amounts other- under this section may only be provided to and
(Public Law 116–136), except that no amount
wise available there is appropriated to the De- used by a covered employee during the period
shall be payable by virtue of such amendments
partment of Veterans Affairs for fiscal year beginning on the date of enactment of this Act
with respect to any week of unemployment end-
2021, out of any money in the Treasury not oth- and ending on September 30, 2021.
ing on or before March 14, 2021.
erwise appropriated, $386,000,000, to remain (2) TOTAL HOURS; AMOUNT.—Paid leave under
SEC. 9012. EXTENSION OF EMERGENCY UNEM-
available until expended, to carry out this sec- this section—
PLOYMENT RELIEF FOR GOVERN-
(A) shall be provided to a covered employee in
tion. MENTAL ENTITIES AND NONPROFIT
an amount not to exceed 600 hours of paid leave ORGANIZATIONS.
SEC. 8007. PROHIBITION ON COPAYMENTS AND
for each full-time employee, and in the case of (a) IN GENERAL.—Section 903(i)(1)(D) of the
COST SHARING FOR VETERANS DUR-
ING EMERGENCY RELATING TO a part-time employee, employee on an uncom- Social Security Act (42 U.S.C. 1103(i)(1)(D)) is
COVID–19. mon tour of duty, or employee with a seasonal amended by striking ‘‘March 14, 2021’’ and in-
(a) IN GENERAL.—The Secretary of Veterans work schedule, in an amount not to exceed the serting ‘‘September 6, 2021’’.
Affairs— proportional equivalent of 600 hours to the ex- (b) INCREASE IN REIMBURSEMENT RATE.—Sec-
(1) shall provide for any copayment or other tent amounts in the Fund remain available for tion 903(i)(1)(B) of such Act (42 U.S.C.
cost sharing with respect to health care under reimbursement; 1103(i)(1)(B)) is amended—
the laws administered by the Secretary received (B) shall be paid at the same hourly rate as (1) in the first sentence, by inserting ‘‘and ex-
by a veteran during the period specified in sub- other leave payments; and cept as otherwise provided in this subpara-
section (b); and (C) may not be provided to a covered employee
graph’’ after ‘‘as determined by the Secretary of
(2) shall reimburse any veteran who paid a co- if the leave would result in payments greater
Labor’’; and
payment or other cost sharing for health care than $2,800 in aggregate for any biweekly pay (2) by inserting after the first sentence the fol-
under the laws administered by the Secretary period for a full-time employee, or a proportion- lowing: ‘‘With respect to the amounts of such
received by a veteran during such period the ally equivalent biweekly limit for a part-time compensation paid for weeks of unemployment
amount paid by the veteran. employee. beginning after March 31, 2021, and ending on
(b) PERIOD SPECIFIED.—The period specified (3) RELATIONSHIP TO OTHER LEAVE.—Paid
or before September 6, 2021, the preceding sen-
in this subsection is the period beginning on leave under this section—
tence shall be applied by substituting ‘75 per-
(A) is in addition to any other leave provided
April 6, 2020, and ending on September 30, 2021. cent’ for ‘one-half’.’’.
(c) FUNDING.—In addition to amounts other- to a covered employee; and
(B) may not be used by a covered employee SEC. 9013. EXTENSION OF FEDERAL PANDEMIC
wise available, there is appropriated to the Sec- UNEMPLOYMENT COMPENSATION.
concurrently with any other paid leave.
retary of Veterans Affairs for fiscal year 2021, (a) IN GENERAL.—Section 2104(e)(2) of the
(4) CALCULATION OF RETIREMENT BENEFIT.—
out of any money in the Treasury not otherwise CARES Act (15 U.S.C. 9023(e)(2)) is amended by
Any paid leave provided to a covered employee
appropriated, $1,000,000,000, to remain available striking ‘‘March 14, 2021’’ and inserting ‘‘Sep-
under this section shall reduce the total service
until expended, to carry out this section, except tember 6, 2021’’.
used to calculate any Federal civilian retirement
for health care furnished pursuant to section (b) AMOUNT.—Section 2104(b)(3)(A)(ii) of such
benefit.
1703(c)(2)–(c)(4) of title 38, United States Code. (d) COVERED EMPLOYEE DEFINED.—In this Act (15 U.S.C. 9023(b)(3)(A)(ii)) is amended by
SEC. 8008. EMERGENCY DEPARTMENT OF VET- section, the term ‘‘covered employee’’ means an striking ‘‘March 14, 2021’’ and inserting ‘‘Sep-
ERANS AFFAIRS EMPLOYEE LEAVE tember 6, 2021’’.
FUND.
employee of the Department of Veterans Affairs
appointed under chapter 74 of title 38, United SEC. 9014. EXTENSION OF FULL FEDERAL FUND-
(a) ESTABLISHMENT; APPROPRIATION.—There ING OF THE FIRST WEEK OF COM-
States Code.
is established in the Treasury the Emergency PENSABLE REGULAR UNEMPLOY-
Department of Veterans Affairs Employee Leave TITLE IX—COMMITTEE ON FINANCE MENT FOR STATES WITH NO WAIT-
Fund (in this section referred to as the Subtitle A—Crisis Support for Unemployed ING WEEK.
‘‘Fund’’), to be administered by the Secretary of Workers (a) IN GENERAL.—Section 2105(e)(2) of the
Veterans Affairs, for the purposes set forth in PART 1—EXTENSION OF CARES ACT CARES Act (15 U.S.C. 9024(e)(2)) is amended by
subsection (b). In addition to amounts otherwise UNEMPLOYMENT PROVISIONS striking ‘‘March 14, 2021’’ and inserting ‘‘Sep-
available, there is appropriated for fiscal year SEC. 9011. EXTENSION OF PANDEMIC UNEMPLOY- tember 6, 2021’’.
2021, out of any money in the Treasury not oth- MENT ASSISTANCE. (b) FULL REIMBURSEMENT.—Paragraph (3) of
erwise appropriated, $80,000,000, which shall be (a) IN GENERAL.—Section 2102(c) of the section 2105(c) of such Act (15 U.S.C. 9024(c)) is
deposited into the Fund and remain available CARES Act (15 U.S.C. 9021(c)) is amended— repealed and such section shall be applied to
through September 20, 2022. (1) in paragraph (1)— weeks of unemployment to which an agreement
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(b) PURPOSE.—Amounts in the Fund shall be (A) by striking ‘‘paragraphs (2) and (3)’’ and under section 2105 of such Act applies as if such
available for payment to the Department of Vet- inserting ‘‘paragraph (2)’’; and paragraph had not been enacted. In imple-
erans Affairs for the use of paid leave by any (B) in subparagraph (A)(ii), by striking menting the preceding sentence, a State may, if
covered employee who is unable to work because ‘‘March 14, 2021’’ and inserting ‘‘September 6, necessary, reenter the agreement with the Sec-
the employee— 2021’’; and retary under section 2105 of such Act, and retro-
(1) is subject to a Federal, State, or local quar- (2) by striking paragraph (3) and redesig- actively pay for the first week of regular com-
antine or isolation order related to COVID–19; nating paragraph (4) as paragraph (3). pensation without a waiting week consistent
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1227
with State law (including a waiver of State law) PART 3—DEPARTMENT OF LABOR FUND- ‘‘(A) after application of sections 86, 135, 137,
and receive full reimbursement for weeks of un- ING FOR TIMELY, ACCURATE, AND EQUI- 219, 221, 222, and 469, and
employment that ended after December 31, 2020. TABLE PAYMENT ‘‘(B) without regard to this section.’’.
SEC. 9015. EXTENSION OF EMERGENCY STATE SEC. 9031. FUNDING FOR ADMINISTRATION. (b) CONFORMING AMENDMENTS.—
STAFFING FLEXIBILITY. In addition to amounts otherwise available, (1) Section 74(d)(2)(B) of the Internal Revenue
If a State modifies its unemployment com- there is appropriated to the Employment and Code of 1986 is amended by inserting ‘‘85(c),’’
pensation law and policies, subject to the suc- Training Administration of the Department of before ‘‘86’’.
ceeding sentence, with respect to personnel Labor for fiscal year 2021, out of any money in (2) Section 86(b)(2)(A) of such Code is amend-
standards on a merit basis on an emergency the Treasury not otherwise appropriated, ed by inserting ‘‘85(c),’’ before ‘‘135’’.
temporary basis as needed to respond to the $8,000,000, to remain available until expended, (3) Section 135(c)(4)(A) of such Code is amend-
spread of COVID–19, such modifications shall be for necessary expenses to carry out Federal ac- ed by inserting ‘‘85(c),’’ before ‘‘137’’.
disregarded for the purposes of applying section tivities relating to the administration of unem- (4) Section 137(b)(3)(A) of such Code is amend-
303 of the Social Security Act and section 3304 of ployment compensation programs. ed by inserting ‘‘85(c)’’ before ‘‘221’’.
the Internal Revenue Code of 1986 to such State SEC. 9032. FUNDING FOR FRAUD PREVENTION, (5) Section 219(g)(3)(A)(ii) of such Code is
law. Such modifications shall only apply EQUITABLE ACCESS, AND TIMELY amended by inserting ‘‘85(c),’’ before ‘‘135’’.
through September 6, 2021, and shall be limited PAYMENT TO ELIGIBLE WORKERS. (6) Section 221(b)(2)(C)(i) of such Code is
to engaging of temporary staff, rehiring of retir- Subtitle A of title II of division A of the amended by inserting ‘‘85(c)’’ before ‘‘911’’.
ees or former employees on a non-competitive CARES Act (Public Law 116–136) is amended by (7) Section 222(b)(2)(C)(i) of such Code, as in
basis, and other temporary actions to quickly adding at the end the following: effect before date of enactment of the Taxpayer
process applications and claims. ‘‘SEC. 2118. FUNDING FOR FRAUD PREVENTION, Certainty and Disaster Tax Relief Act of 2020, is
EQUITABLE ACCESS, AND TIMELY amended by inserting ‘‘85(c)’’ before ‘‘911’’.
SEC. 9016. EXTENSION OF PANDEMIC EMERGENCY
PAYMENT TO ELIGIBLE WORKERS. (8) Section 469(i)(3)(E)(ii) of such Code is
UNEMPLOYMENT COMPENSATION.
(a) IN GENERAL.—Section 2107(g) of the ‘‘(a) IN GENERAL.—In addition to amounts amended by striking ‘‘135 and 137’’ and insert-
otherwise available, there is appropriated to the ing ‘‘85(c), 135, and 137’’.
CARES Act (15 U.S.C. 9025(g)) is amended to
Secretary of Labor for fiscal year 2021, out of (c) EFFECTIVE DATE.—The amendments made
read as follows:
‘‘(g) APPLICABILITY.—An agreement entered any money in the Treasury not otherwise appro- by this section shall apply to taxable years be-
into under this section shall apply to weeks of priated, $2,000,000,000, to remain available until ginning after December 31, 2019.
unemployment— expended, to detect and prevent fraud, promote
equitable access, and ensure the timely payment Subtitle B—Emergency Assistance to Families
‘‘(1) beginning after the date on which such Through Home Visiting Programs
agreement is entered into; and of benefits with respect to unemployment com-
pensation programs, including programs ex- SEC. 9101. EMERGENCY ASSISTANCE TO FAMILIES
‘‘(2) ending on or before September 6, 2021.’’. THROUGH HOME VISITING PRO-
(b) INCREASE IN NUMBER OF WEEKS.—Section tended under subtitle A of title IX of the Amer-
ican Rescue Plan Act of 2021. GRAMS.
2107(b)(2) of such Act (15 U.S.C. 9025(b)(2)) is
‘‘(b) USE OF FUNDS.—Amounts made available Effective 1 day after the date of enactment of
amended by striking ‘‘24’’ and inserting ‘‘53’’.
under subsection (a) may be used— this Act, title V of the Social Security Act (42
(c) COORDINATION OF PANDEMIC EMERGENCY
‘‘(1) for Federal administrative costs related to U.S.C. 701–713) is amended by inserting after
UNEMPLOYMENT COMPENSATION WITH EXTENDED
the purposes described in subsection (a); section 511 the following:
COMPENSATION.—Section 2107(a)(5)(B) of such
‘‘(2) for systemwide infrastructure investment ‘‘SEC. 511A. EMERGENCY ASSISTANCE TO FAMI-
Act (15 U.S.C. 9025(a)(5)(B)) is amended by in- and development related to such purposes; and LIES THROUGH HOME VISITING PRO-
serting ‘‘or for the week that includes the date ‘‘(3) to make grants to States or territories ad- GRAMS.
of enactment of the American Rescue Plan Act ministering unemployment compensation pro- ‘‘(a) SUPPLEMENTAL APPROPRIATION.—In ad-
of 2021 (without regard to the amendments made grams described in subsection (a) (including ter- dition to amounts otherwise appropriated, out of
by subsections (a) and (b) of section 9016 of such ritories administering the Pandemic Unemploy- any money in the Treasury of the United States
Act)’’ after ‘‘2020)’’. ment Assistance program under section 2102) for
(d) SPECIAL RULE FOR EXTENDED COMPENSA- not otherwise appropriated, there are appro-
such purposes, including the establishment of priated to the Secretary $150,000,000, to remain
TION.—Section 2107(a)(8) of such Act (15 U.S.C. procedures or the building of infrastructure to
9025(a)(8)) is amended by striking ‘‘April 12, available through September 30, 2022, to enable
verify or validate identity, implement Federal eligible entities to conduct programs in accord-
2021’’ and inserting ‘‘September 6, 2021’’. guidance regarding fraud detection and preven-
(e) EFFECTIVE DATE.—The amendments made ance with section 511 and subsection (c) of this
tion, and accelerate claims processing or process section.
by this section shall apply as if included in the claims backlogs due to the pandemic.
enactment of the CARES Act (Public Law 116– ‘‘(b) ELIGIBILITY FOR FUNDS.—To be eligible to
‘‘(c) RESTRICTIONS ON GRANTS TO STATES AND receive funds made available by subsection (a)
136), except that no amount shall be payable by TERRITORIES.—As a condition of receiving a
virtue of such amendments with respect to any of this section, an entity shall—
grant under subsection (b)(3), the Secretary may ‘‘(1) as of the date of the enactment of this
week of unemployment ending on or before require that a State or territory receiving such a
March 14, 2021. section, be conducting a program under section
grant shall— 511;
SEC. 9017. EXTENSION OF TEMPORARY FINANC- ‘‘(1) use such program integrity tools as the
ING OF SHORT-TIME COMPENSATION ‘‘(2) ensure the modification of grants, con-
Secretary may specify; and
PAYMENTS IN STATES WITH PRO- ‘‘(2) as directed by the Secretary, conduct user tracts, and other agreements, as applicable, exe-
GRAMS IN LAW.
accessibility testing on any new system devel- cuted under section 511 under which the pro-
Section 2108(b)(2) of the CARES Act (15 U.S.C. oped by the Secretary pursuant to subsection gram is conducted as are necessary to provide
9026(b)(2)) is amended by striking ‘‘March 14, (b)(2).’’. that, during the period that begins with the
2021’’ and inserting ‘‘September 6, 2021’’. date of the enactment of this section and ends
PART 4—OTHER PROVISIONS
SEC. 9018. EXTENSION OF TEMPORARY FINANC- with the end of the 2nd succeeding fiscal year
ING OF SHORT-TIME COMPENSATION SEC. 9041. EXTENSION OF LIMITATION ON EX- after the funds are awarded, the entity shall—
AGREEMENTS FOR STATES WITHOUT CESS BUSINESS LOSSES OF NONCOR-
‘‘(A) not reduce funding for, or staffing levels
PROGRAMS IN LAW. PORATE TAXPAYERS.
of, the program on account of reduced enroll-
Section 2109(d)(2) of the CARES Act (15 U.S.C. (a) IN GENERAL.—Section 461(l)(1) of the In-
ment in the program; and
9027(d)(2)) is amended by striking ‘‘March 14, ternal Revenue Code of 1986 is amended by
‘‘(B) when using funds to provide emergency
2021’’ and inserting ‘‘September 6, 2021’’. striking ‘‘January 1, 2026’’ each place it appears
supplies to eligible families receiving grant serv-
and inserting ‘‘January 1, 2027’’.
PART 2—EXTENSION OF FFCRA (b) EFFECTIVE DATE.—The amendments made ices under section 511, ensure coordination with
UNEMPLOYMENT PROVISIONS by this section shall apply to taxable years be- local diaper banks to the extent practicable; and
SEC. 9021. EXTENSION OF TEMPORARY ASSIST- ginning after December 31, 2025. ‘‘(3) reaffirm that, in conducting the program,
ANCE FOR STATES WITH ADVANCES. SEC. 9042. SUSPENSION OF TAX ON PORTION OF
the entity will focus on priority populations (as
Section 1202(b)(10)(A) of the Social Security UNEMPLOYMENT COMPENSATION. defined in section 511(d)(4)).
Act (42 U.S.C. 1322(b)(10)(A)) is amended by (a) IN GENERAL.—Section 85 of the Internal ‘‘(c) USES OF FUNDS.—An entity to which
striking ‘‘March 14, 2021’’ and inserting ‘‘Sep- Revenue Code of 1986 is amended by adding at funds are provided under this section shall use
tember 6, 2021’’. the end the following new subsection: the funds—
SEC. 9022. EXTENSION OF FULL FEDERAL FUND- ‘‘(c) SPECIAL RULE FOR 2020.— ‘‘(1) to serve families with home visits or with
ING OF EXTENDED UNEMPLOYMENT ‘‘(1) IN GENERAL.—In the case of any taxable virtual visits, that may be conducted by the use
COMPENSATION. year beginning in 2020, if the adjusted gross in- of electronic information and telecommuni-
(a) IN GENERAL.—Section 4105 of the Families come of the taxpayer for such taxable year is cations technologies, in a service delivery model
First Coronavirus Response Act (26 U.S.C. 3304 less than $150,000, the gross income of such tax- described in section 511(d)(3)(A);
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note) is amended by striking ‘‘March 14, 2021’’ payer shall not include so much of the unem- ‘‘(2) to pay hazard pay or other additional
each place it appears and inserting ‘‘September ployment compensation received by such tax- staff costs associated with providing home visits
6, 2021’’. payer (or, in the case of a joint return, received or administration for programs funded under
(b) EFFECTIVE DATE.—The amendment made by each spouse) as does not exceed $10,200. section 511;
by subsection (a) shall apply as if included in ‘‘(2) APPLICATION.—For purposes of para- ‘‘(3) to train home visitors employed by the en-
the enactment of the Families First Coronavirus graph (1), the adjusted gross income of the tax- tity in conducting a virtual home visit and in
Response Act (Public Law 116–127). payer shall be determined— emergency preparedness and response planning
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H1228 CONGRESSIONAL RECORD — HOUSE March 10, 2021
for families served, and may include training on ‘‘(C) EXPENDITURE COMMITMENT REQUIRE- ‘‘SEC. 2010. ADDITIONAL FUNDING FOR AGING
how to safely conduct intimate partner violence MENT.—To receive the full amount of funding AND DISABILITY SERVICES PRO-
GRAMS.
screenings, and training on safety and planning payable under this subsection, a State or Indian
for families served to support the family outcome tribe shall inform the Secretary as to whether it ‘‘(a) APPROPRIATION.—In addition to amounts
improvements listed in section 511(d)(2)(B); intends to use all of its allotment under this otherwise available, there is appropriated for
‘‘(4) for the acquisition by families served by paragraph and provide that information— fiscal year 2021, out of any money in the Treas-
programs under section 511 of such techno- ‘‘(i) in the case of a State that is not a terri- ury not otherwise appropriated, $276,000,000, to
logical means as are needed to conduct and sup- tory, within 45 days after the date of the enact- remain available until expended, to carry out
port a virtual home visit; ment of this subsection; or the programs described in subtitle B.
‘‘(ii) in the case of a territory or an Indian ‘‘(b) USE OF FUNDS.—Of the amounts made
‘‘(5) to provide emergency supplies (such as
tribe, within 90 days after such date of enact- available by subsection (a)—
diapers and diapering supplies including diaper ‘‘(1) $88,000,000 shall be made available to
wipes and diaper cream, necessary to ensure ment.
‘‘(4) GRANTS.— carry out the programs described in subtitle B in
that a child using a diaper is properly cleaned fiscal year 2021, of which not less than an
and protected from diaper rash, formula, food, ‘‘(A) IN GENERAL.—The Secretary shall pro-
vide funds to each State and Indian tribe to amount equal to $100,0000,000 minus the amount
water, hand soap and hand sanitizer) to an eli- previously provided in fiscal year 2021 to carry
gible family (as defined in section 511(k)(2)); which an amount is allotted under paragraph
(3), from the amount so allotted. out section 2042(b) shall be made available to
‘‘(6) to coordinate with and provide reimburse- carry out such section; and
ment for supplies to diaper banks when using ‘‘(B) TREATMENT OF UNUSED FUNDS.—
‘‘(i) REALLOTMENT.—The Secretary shall ‘‘(2) $188,000,000 shall be made available to
such entities to provide emergency supplies spec- carry out the programs described in subtitle B in
reallot in accordance with paragraph (3) all
ified in paragraph (5); or fiscal year 2022, of which not less than
funds provided to any State or Indian tribe
‘‘(7) to provide prepaid grocery cards to an eli- $100,000,000 shall be for activities described in
under this subsection that are unused, among
gible family (as defined in section 511(k)(2)) par- section 2042(b).’’.
the other States and Indian tribes eligible for
ticipating in the maternal, infant, and early Subtitle E—Support to Skilled Nursing
funds under this subsection. For purposes of
childhood home visiting program under section Facilities in Response to COVID–19
paragraph (3), the Secretary shall treat the
511 for the purpose of enabling the family to
funds as if included in the amount specified in SEC. 9401. PROVIDING FOR INFECTION CONTROL
meet the emergency needs of the family.’’. SUPPORT TO SKILLED NURSING FA-
paragraph (1).
Subtitle C—Emergency Assistance to Children ‘‘(ii) PROVISION.—The Secretary shall provide CILITIES THROUGH CONTRACTS
and Families funds to each such other State or Indian tribe in WITH QUALITY IMPROVEMENT ORGA-
NIZATIONS.
SEC. 9201. PANDEMIC EMERGENCY ASSISTANCE. an amount equal to the amount so reallotted.
‘‘(5) RECIPIENT OF FUNDS PROVIDED FOR TER- Section 1862(g) of the Social Security Act (42
Section 403 of the Social Security Act (42 U.S.C. 1395y(g)) is amended—
U.S.C. 603) is amended by adding at the end the RITORIES.—In the case of a territory not oper-
ating a program funded under this part, the (1) by striking ‘‘The Secretary’’ and inserting
following: ‘‘(1) The Secretary’’; and
‘‘(c) PANDEMIC EMERGENCY ASSISTANCE.— Secretary shall provide the funds required to be
(2) by adding at the end the following new
‘‘(1) APPROPRIATION.—In addition to amounts provided to the territory under this subsection,
paragraph:
otherwise available, there is appropriated for to the agency that administers the bulk of local ‘‘(2) In addition to any funds otherwise avail-
fiscal year 2021, out of any money in the Treas- human services programs in the territory. able, there are appropriated to the Secretary,
ury of the United States not otherwise appro- ‘‘(6) USE OF FUNDS.—
out of any monies in the Treasury not otherwise
priated, $1,000,000,000, to remain available until ‘‘(A) IN GENERAL.—A State or Indian tribe to
obligated, $200,000,000, to remain available until
expended, to carry out this subsection. which funds are provided under this subsection
expended, for purposes of requiring multiple or-
‘‘(2) RESERVATION OF FUNDS FOR TECHNICAL may use the funds only for non-recurrent short
ganizations described in paragraph (1) to pro-
ASSISTANCE.—Of the amount specified in para-
term benefits, whether in the form of cash or in
vide to skilled nursing facilities (as defined in
graph (1), the Secretary shall reserve $2,000,000 other forms.
‘‘(B) LIMITATION ON USE FOR ADMINISTRATIVE section 1819(a)), infection control and vaccina-
for administrative expenses and the provision of tion uptake support relating to the prevention
EXPENSES.—A State to which funds are provided
technical assistance to States and Indian tribes or mitigation of COVID–19, as determined ap-
under this subsection shall not expend more
with respect to the use of funds provided under propriate by the Secretary.’’.
than 15 percent of the funds for administrative
this subsection. SEC. 9402. FUNDING FOR STRIKE TEAMS FOR
purposes.
‘‘(3) ALLOTMENTS.— ‘‘(C) NONSUPPLANTATION.—Funds provided RESIDENT AND EMPLOYEE SAFETY
‘‘(A) 50 STATES AND THE DISTRICT OF COLUM- IN SKILLED NURSING FACILITIES.
under this subsection shall be used to supple-
BIA.— Section 1819 of the Social Security Act (42
ment and not supplant other Federal, State, or
‘‘(i) TOTAL AMOUNT TO BE ALLOTTED.—The U.S.C. 1395i–3) is amended by adding at the end
tribal funds for services and activities that pro-
Secretary shall allot a total of 92.5 percent of the following new subsection:
mote the purposes of this part.
the amount specified in paragraph (1) that is ‘‘(k) FUNDING FOR STRIKE TEAMS.—In addi-
‘‘(D) EXPENDITURE DEADLINE.—
not reserved under paragraph (2) among the ‘‘(i) IN GENERAL.—Except as provided in tion to amounts otherwise available, there is ap-
States that are not a territory and that are oper- clause (ii), a State or Indian tribe to which propriated to the Secretary, out of any monies
ating a program funded under this part, in ac- funds are provided under this subsection shall in the Treasury not otherwise appropriated,
cordance with clause (ii) of this subparagraph. expend the funds not later than the end of fiscal $250,000,000, to remain available until expended,
‘‘(ii) ALLOTMENT FORMULA.—The Secretary year 2022. for purposes of allocating such amount among
shall allot to each such State the sum of the fol- ‘‘(ii) EXCEPTION FOR REALLOTTED FUNDS.—A the States (including the District of Columbia
lowing percentages of the total amount de- State or Indian tribe to which funds are pro- and each territory of the United States) for such
scribed in clause (i): vided under paragraph (4)(B) shall expend the a State to establish and implement a strike team
‘‘(I) 50 percent, multiplied by— funds within 12 months after receipt. that will be deployed to a skilled nursing facil-
‘‘(aa) the population of children in the State, ‘‘(7) SUSPENSION OF TERRITORY SPENDING ity in the State with diagnosed or suspected
determined on the basis of the most recent popu- CAP.—Section 1108 shall not apply with respect cases of COVID–19 among residents or staff for
lation estimates as determined by the Bureau of to any funds provided under this subsection. the purposes of assisting with clinical care, in-
the Census; divided by ‘‘(8) DEFINITIONS.—In this subsection: fection control, or staffing during the emergency
‘‘(bb) the total population of children in the ‘‘(A) APPLICABLE PERIOD.—The term ‘applica- period described in section 1135(g)(1)(B) and the
States that are not territories, as so determined; ble period’ means the period that begins with 1-year period immediately following the end of
plus April 1, 2021, and ends with September 30, 2022. such emergency period.’’.
‘‘(II) 50 percent, multiplied by— ‘‘(B) NON-RECURRENT SHORT TERM BENEFITS.— Subtitle F—Preserving Health Benefits for
‘‘(aa) the total amount expended by the State The term ‘non-recurrent short term benefits’ has Workers
for basic assistance, non-recurrent short term the meaning given the term in OMB approved SEC. 9501. PRESERVING HEALTH BENEFITS FOR
benefits, and emergency assistance in fiscal year Form ACF–196R, published on July 31, 2014. WORKERS.
2019, as reported by the State under section 411; ‘‘(C) STATE.—The term ‘State’ means the 50 (a) PREMIUM ASSISTANCE FOR COBRA CON-
divided by States of the United States, the District of Co- TINUATION COVERAGE FOR INDIVIDUALS AND
‘‘(bb) the total amount expended by the States lumbia, and the territories. THEIR FAMILIES.—
that are not territories for basic assistance, non- ‘‘(D) TERRITORY.—The term ‘territory’ means (1) PROVISION OF PREMIUM ASSISTANCE.—
recurrent short term benefits, and emergency as- the Commonwealth of Puerto Rico, the United (A) REDUCTION OF PREMIUMS PAYABLE.—In
sistance in fiscal year 2019, as so reported by the States Virgin Islands, Guam, American Samoa, the case of any premium for a period of coverage
States. and the Commonwealth of the Northern Mar- during the period beginning on the first day of
‘‘(B) TERRITORIES AND INDIAN TRIBES.—The iana Islands.’’. the first month beginning after the date of the
Subtitle D—Elder Justice and Support
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Secretary shall allot among the territories and enactment of this Act, and ending on September
Indian tribes otherwise eligible for a grant Guarantee 30, 2021, for COBRA continuation coverage with
under this part such portions of 7.5 percent of SEC. 9301. ADDITIONAL FUNDING FOR AGING AND respect to any assistance eligible individual de-
the amount specified in paragraph (1) that are DISABILITY SERVICES PROGRAMS. scribed in paragraph (3), such individual shall
not reserved under paragraph (2) as the Sec- Subtitle A of title XX of the Social Security be treated for purposes of any COBRA continu-
retary deems appropriate based on the needs of Act (42 U.S.C. 1397–1397h) is amended by adding ation provision as having paid in full the
the territory or Indian tribe involved. at the end the following: amount of such premium.
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1229
(B) PLAN ENROLLMENT OPTION.— health plan with respect to which paragraph (I) the availability of premium assistance with
(i) IN GENERAL.—Solely for purposes of this (1)(A) applies if such paragraph ceases to apply respect to such coverage under this subsection;
subsection, the COBRA continuation provisions by reason of clause (i) of subparagraph (A) (as and
shall be applied such that any assistance eligi- applicable). Such notice shall be provided to the (II) the option to enroll in different coverage
ble individual who is enrolled in a group health group health plan in such time and manner as if the employer permits assistance eligible indi-
plan offered by a plan sponsor may, not later may be specified by the Secretary of Labor. viduals described in paragraph (3) to elect en-
than 90 days after the date of notice of the plan (3) ASSISTANCE ELIGIBLE INDIVIDUAL.—For rollment in different coverage (as described in
enrollment option described in this subpara- purposes of this section, the term ‘‘assistance el- paragraph (1)(B)).
graph, elect to enroll in coverage under a plan igible individual’’ means, with respect to a pe- (ii) ALTERNATIVE NOTICE.—In the case of
offered by such plan sponsor that is different riod of coverage during the period beginning on COBRA continuation coverage to which the no-
than coverage under the plan in which such in- the first day of the first month beginning after tice provision under such sections does not
dividual was enrolled at the time, in the case of the date of the enactment of this Act, and end- apply, the Secretary of Labor, in consultation
any assistance eligible individual described in ing on September 30, 2021, any individual that is with the Secretary of the Treasury and the Sec-
paragraph (3), the qualifying event specified in a qualified beneficiary who— retary of Health and Human Services, shall, in
section 603(2) of the Employee Retirement In- (A) is eligible for COBRA continuation cov- consultation with administrators of the group
come Security Act of 1974, section 4980B(f)(3)(B) erage by reason of a qualifying event specified health plans (or other entities) that provide or
of the Internal Revenue Code of 1986, or section in section 603(2) of the Employee Retirement In- administer the COBRA continuation coverage
2203(2) of the Public Health Service Act, except come Security Act of 1974, section 4980B(f)(3)(B) involved, provide rules requiring the provision
for the voluntary termination of such individ- of the Internal Revenue Code of 1986, or section of such notice.
ual’s employment by such individual, occurred, 2203(2) of the Public Health Service Act, except (iii) FORM.—The requirement of the additional
and such coverage shall be treated as COBRA for the voluntary termination of such individ- notification under this subparagraph may be
continuation coverage for purposes of the appli- ual’s employment by such individual; and met by amendment of existing notice forms or by
cable COBRA continuation coverage provision. (B) elects such coverage. inclusion of a separate document with the no-
(ii) REQUIREMENTS.—Any assistance eligible (4) EXTENSION OF ELECTION PERIOD AND EF- tice otherwise required.
individual may elect to enroll in different cov- FECT ON COVERAGE.— (B) SPECIFIC REQUIREMENTS.—Each additional
erage as described in clause (i) only if— (A) IN GENERAL.—For purposes of applying notification under subparagraph (A) shall in-
(I) the employer involved has made a deter- section 605(a) of the Employee Retirement In- clude—
mination that such employer will permit such come Security Act of 1974, section 4980B(f)(5)(A) (i) the forms necessary for establishing eligi-
assistance eligible individual to enroll in dif- of the Internal Revenue Code of 1986, and sec- bility for premium assistance under this sub-
ferent coverage as provided under this subpara- tion 2205(a) of the Public Health Service Act, in section;
graph; (ii) the name, address, and telephone number
the case of—
(II) the premium for such different coverage necessary to contact the plan administrator and
(i) an individual who does not have an elec-
does not exceed the premium for coverage in any other person maintaining relevant informa-
tion of COBRA continuation coverage in effect
which such individual was enrolled at the time tion in connection with such premium assist-
on the first day of the first month beginning
such qualifying event occurred; ance;
after the date of the enactment of this Act but
(III) the different coverage in which the indi- (iii) a description of the extended election pe-
who would be an assistance eligible individual
vidual elects to enroll is coverage that is also of- riod provided for in paragraph (4)(A);
described in paragraph (3) if such election were (iv) a description of the obligation of the
fered to similarly situated active employees of so in effect; or
the employer at the time at which such election qualified beneficiary under paragraph (2)(B)
(ii) an individual who elected COBRA con- and the penalty provided under section 6720C of
is made; and tinuation coverage and discontinued from such
(IV) the different coverage in which the indi- the Internal Revenue Code of 1986 for failure to
coverage before the first day of the first month carry out the obligation;
vidual elects to enroll is not—
beginning after the date of the enactment of this (v) a description, displayed in a prominent
(aa) coverage that provides only excepted ben-
Act, manner, of the qualified beneficiary’s right to a
efits as defined in section 9832(c) of the Internal
such individual may elect the COBRA continu- subsidized premium and any conditions on enti-
Revenue Code of 1986, section 733(c) of the Em-
ation coverage under the COBRA continuation tlement to the subsidized premium; and
ployee Retirement Income Security Act of 1974,
coverage provisions containing such provisions (vi) a description of the option of the qualified
and section 2791(c) of the Public Health Service
during the period beginning on the first day of beneficiary to enroll in different coverage if the
Act;
(bb) a qualified small employer health reim- the first month beginning after the date of the employer permits such beneficiary to elect to en-
bursement arrangement (as defined in section enactment of this Act and ending 60 days after roll in such different coverage under paragraph
9831(d)(2) of the Internal Revenue Code of 1986); the date on which the notification required (1)(B).
or under paragraph (5)(C) is provided to such indi- (C) NOTICE IN CONNECTION WITH EXTENDED
(cc) a flexible spending arrangement (as de- vidual. ELECTION PERIODS.—In the case of any assist-
fined in section 106(c)(2) of the Internal Rev- (B) COMMENCEMENT OF COBRA CONTINUATION ance eligible individual described in paragraph
enue Code of 1986). COVERAGE.—Any COBRA continuation coverage (3) (or any individual described in paragraph
(2) LIMITATION OF PERIOD OF PREMIUM ASSIST- elected by a qualified beneficiary during an ex- (4)(A)) who became entitled to elect COBRA
ANCE.— tended election period under subparagraph continuation coverage before the first day of the
(A) ELIGIBILITY FOR ADDITIONAL COVERAGE.— (A)— first month beginning after the date of the en-
Paragraph (1)(A) shall not apply with respect to (i) shall commence (including for purposes of actment of this Act, the administrator of the ap-
any assistance eligible individual described in applying the treatment of premium payments plicable group health plan (or other entity)
paragraph (3) for months of coverage beginning under paragraph (1)(A) and any cost-sharing shall provide (within 60 days after such first
on or after the earlier of— requirements for items and services under a day of such first month) for the additional noti-
(i) the first date that such individual is eligi- group health plan) with the first period of cov- fication required to be provided under subpara-
ble for coverage under any other group health erage beginning on or after the first day of the graph (A) and failure to provide such notice
plan (other than coverage consisting of only ex- first month beginning after the date of the en- shall be treated as a failure to meet the notice
cepted benefits (as defined in section 9832(c) of actment of this Act, and requirements under the applicable COBRA con-
the Internal Revenue Code of 1986, section (ii) shall not extend beyond the period of tinuation provision.
733(c) of the Employee Retirement Income Secu- COBRA continuation coverage that would have (D) MODEL NOTICES.—Not later than 30 days
rity Act of 1974, and section 2791(c) of the Public been required under the applicable COBRA con- after the date of enactment of this Act, with re-
Health Service Act), coverage under a flexible tinuation coverage provision if the coverage had spect to any assistance eligible individual de-
spending arrangement (as defined in section been elected as required under such provision or scribed in paragraph (3), the Secretary of Labor,
106(c)(2) of the Internal Revenue Code of 1986), had not been discontinued. in consultation with the Secretary of the Treas-
coverage under a qualified small employer (5) NOTICES TO INDIVIDUALS.— ury and the Secretary of Health and Human
health reimbursement arrangement (as defined (A) GENERAL NOTICE.— Services, shall prescribe models for the addi-
in section 9831(d)(2) of the Internal Revenue (i) IN GENERAL.—In the case of notices pro- tional notification required under this para-
Code of 1986)), or eligible for benefits under the vided under section 606(a)(4) of the Employee graph.
Medicare program under title XVIII of the So- Retirement Income Security Act of 1974 (29 (6) NOTICE OF EXPIRATION OF PERIOD OF PRE-
cial Security Act; or U.S.C. 1166(4)), section 4980B(f)(6)(D) of the In- MIUM ASSISTANCE.—
(ii) the earlier of— ternal Revenue Code of 1986, or section 2206(4) (A) IN GENERAL.—With respect to any assist-
(I) the date following the expiration of the of the Public Health Service Act (42 U.S.C. ance eligible individual, subject to subpara-
maximum period of continuation coverage re- 300bb–6(4)), with respect to individuals who, graph (B), the requirements of section 606(a)(4)
dlhill on DSK120RN23PROD with HOUSE
quired under the applicable COBRA continu- during the period described in paragraph (3), of the Employee Retirement Income Security Act
ation coverage provision; or become entitled to elect COBRA continuation of 1974 (29 U.S.C. 1166(4)), section 4980B(f)(6)(D)
(II) the date following the expiration of the coverage, the requirements of such provisions of the Internal Revenue Code of 1986, or section
period of continuation coverage allowed under shall not be treated as met unless such notices 2206(4) of the Public Health Service Act (42
paragraph (4)(B)(ii). include an additional written notification to the U.S.C. 300bb–6(4)), shall not be treated as met
(B) NOTIFICATION REQUIREMENT.—Any assist- recipient in clear and understandable language unless the plan administrator of the individual,
ance eligible individual shall notify the group of— during the period specified under subparagraph
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H1230 CONGRESSIONAL RECORD — HOUSE March 10, 2021
(C), provides to such individual a written notice section (f)(1) of such section insofar as it relates ‘‘(3) in the case of any group health plan not
in clear and understandable language— to pediatric vaccines), or under a State program described in paragraph (1) or (2), the insurer
(i) that the premium assistance for such indi- that provides comparable continuation coverage. providing the coverage under the group health
vidual will expire soon and the prominent iden- Such term does not include coverage under a plan.
tification of the date of such expiration; and health flexible spending arrangement under a ‘‘(c) LIMITATIONS AND REFUNDABILITY.—
(ii) that such individual may be eligible for cafeteria plan within the meaning of section 125 ‘‘(1) CREDIT LIMITED TO CERTAIN EMPLOYMENT
coverage without any premium assistance of the Internal Revenue Code of 1986. TAXES.—The credit allowed by subsection (a)
through— (C) COBRA CONTINUATION PROVISION.—The with respect to any calendar quarter shall not
(I) COBRA continuation coverage; or term ‘‘COBRA continuation provision’’ means exceed the tax imposed by section 3111(b), or so
(II) coverage under a group health plan. the provisions of law described in subparagraph much of the taxes imposed under section 3221(a)
(B) EXCEPTION.—The requirement for the (B). as are attributable to the rate in effect under
group health plan administrator to provide the (D) COVERED EMPLOYEE.—The term ‘‘covered section 3111(b), for such calendar quarter (re-
written notice under subparagraph (A) shall be employee’’ has the meaning given such term in duced by any credits allowed against such taxes
waived if the premium assistance for such indi- section 607(2) of the Employee Retirement In- under sections 3131, 3132, and 3134) on the
vidual expires pursuant to clause (i) of para- come Security Act of 1974. wages paid with respect to the employment of
graph (2)(A). (E) QUALIFIED BENEFICIARY.—The term all employees of the employer.
(C) PERIOD SPECIFIED.—For purposes of sub- ‘‘qualified beneficiary’’ has the meaning given ‘‘(2) REFUNDABILITY OF EXCESS CREDIT.—
paragraph (A), the period specified in this sub- such term in section 607(3) of the Employee Re- ‘‘(A) CREDIT IS REFUNDABLE.—If the amount
paragraph is, with respect to the date of expira- of the credit under subsection (a) exceeds the
tirement Income Security Act of 1974.
tion of premium assistance for any assistance el- (F) GROUP HEALTH PLAN.—The term ‘‘group limitation of paragraph (1) for any calendar
igible individual pursuant to a limitation requir- health plan’’ has the meaning given such term quarter, such excess shall be treated as an over-
ing a notice under this paragraph, the period payment that shall be refunded under sections
in section 607(1) of the Employee Retirement In-
beginning on the day that is 45 days before the 6402(a) and 6413(b).
come Security Act of 1974.
date of such expiration and ending on the day ‘‘(B) CREDIT MAY BE ADVANCED.—In anticipa-
(G) STATE.—The term ‘‘State’’ includes the
that is 15 days before the date of such expira- tion of the credit, including the refundable por-
District of Columbia, the Commonwealth of
tion. tion under subparagraph (A), the credit may be
Puerto Rico, the Virgin Islands, Guam, Amer- advanced, according to forms and instructions
(D) MODEL NOTICES.—Not later than 45 days ican Samoa, and the Commonwealth of the
after the date of enactment of this Act, with re- provided by the Secretary, up to an amount cal-
Northern Mariana Islands. culated under subsection (a) through the end of
spect to any assistance eligible individual, the (H) PERIOD OF COVERAGE.—Any reference in
Secretary of Labor, in consultation with the the most recent payroll period in the quarter.
this subsection to a period of coverage shall be ‘‘(C) TREATMENT OF DEPOSITS.—The Secretary
Secretary of the Treasury and the Secretary of treated as a reference to a monthly or shorter shall waive any penalty under section 6656 for
Health and Human Services, shall prescribe period of coverage with respect to which pre- any failure to make a deposit of the tax imposed
models for the notification required under this miums are charged with respect to such cov- by section 3111(b), or so much of the taxes im-
paragraph. erage. posed under section 3221(a) as are attributable
(7) REGULATIONS.—The Secretary of the (I) PLAN SPONSOR.—The term ‘‘plan sponsor’’ to the rate in effect under section 3111(b), if the
Treasury and the Secretary of Labor may joint- has the meaning given such term in section Secretary determines that such failure was due
ly prescribe such regulations or other guidance 3(16)(B) of the Employee Retirement Income Se- to the anticipation of the credit allowed under
as may be necessary or appropriate to carry out curity Act of 1974. this section.
the provisions of this subsection, including the (J) PREMIUM.—The term ‘‘premium’’ includes, ‘‘(D) TREATMENT OF PAYMENTS.—For purposes
prevention of fraud and abuse under this sub- with respect to COBRA continuation coverage, of section 1324 of title 31, United States Code,
section, except that the Secretary of Labor and any administrative fee. any amounts due to an employer under this
the Secretary of Health and Human Services (10) 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), and (8). of Labor for fiscal year 2021, $10,000,000, to re- the credit to which a person is entitled under
(8) 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
and the Secretary of Health and Human Serv- (b) COBRA PREMIUM ASSISTANCE.— of the taxes described in paragraph (1) and may
ices, shall provide outreach consisting of public (1) ALLOWANCE OF CREDIT.— be assessed and collected by the Secretary in the
education and enrollment assistance relating to (A) IN GENERAL.—Subchapter B of chapter 65 same manner as such taxes.
premium assistance provided under this sub- of the Internal Revenue Code of 1986 is amended ‘‘(d) GOVERNMENTAL ENTITIES.—For purposes
section. Such outreach shall target employers, by adding at the end the following new section: of this section, the term ‘person’ includes the
group health plan administrators, public assist- ‘‘SEC. 6432. CONTINUATION COVERAGE PREMIUM government of any State or political subdivision
ance programs, States, insurers, and other enti- ASSISTANCE. thereof, any Indian tribal government (as de-
ties as determined appropriate by such Secre- ‘‘(a) IN GENERAL.—The person to whom pre- fined in section 139E(c)(1)), any agency or in-
taries. Such outreach shall include an initial miums are payable for continuation coverage strumentality of any of the foregoing, and any
focus on those individuals electing continuation under section 9501(a)(1) of the American Rescue agency or instrumentality of the Government of
coverage who are referred to in paragraph Plan Act of 2021 shall be allowed as a credit the United States that is described in section
(5)(C). Information on such premium assistance, against the tax imposed by section 3111(b), or so 501(c)(1) and exempt from taxation under sec-
including enrollment, shall also be made avail- much of the taxes imposed under section 3221(a) tion 501(a).
able on websites of the Departments of Labor, as are attributable to the rate in effect under ‘‘(e) DENIAL OF DOUBLE BENEFIT.—For pur-
Treasury, and Health and Human Services. section 3111(b), for each calendar quarter an poses of chapter 1, the gross income of any per-
(B) ENROLLMENT UNDER MEDICARE.—The Sec- amount equal to the premiums not paid by as- son allowed a credit under this section shall be
retary of Health and Human Services shall pro- sistance eligible individuals for such coverage by increased for the taxable year which includes
vide outreach consisting of public education. reason of such section 9501(a)(1) with respect to the last day of any calendar quarter with re-
Such outreach shall target individuals who lose such calendar quarter. spect to which such credit is allowed by the
health insurance coverage. Such outreach shall ‘‘(b) PERSON TO WHOM PREMIUMS ARE PAY- amount of such credit. No credit shall be al-
include information regarding enrollment for ABLE.—For purposes of subsection (a), except as lowed under this section with respect to any
Medicare benefits for purposes of preventing otherwise provided by the Secretary, the person amount which is taken into account as qualified
mistaken delays of such enrollment by such in- to whom premiums are payable under such con- wages under section 2301 of the CARES Act or
dividuals, including lifetime penalties for failure tinuation coverage shall be treated as being— section 3134 of this title or as qualified health
of timely enrollment. ‘‘(1) in the case of any group health plan plan expenses under section 7001(d) or 7003(d) of
(9) DEFINITIONS.—For purposes of this section: which is a multiemployer plan (as defined in the Families First Coronavirus Response Act or
(A) ADMINISTRATOR.—The term ‘‘adminis- section 3(37) of the Employee Retirement Income section 3131 or 3132 of this title.
trator’’ has the meaning given such term in sec- Security Act of 1974), the plan, ‘‘(f) EXTENSION OF LIMITATION ON ASSESS-
tion 3(16)(A) of the Employee Retirement Income ‘‘(2) in the case of any group health plan not MENT.—Notwithstanding section 6501, the limi-
Security Act of 1974, and includes a COBRA ad- described in paragraph (1)— tation on the time period for the assessment of
ministrator. ‘‘(A) which is subject to the COBRA continu- any amount attributable to a credit claimed
(B) COBRA CONTINUATION COVERAGE.—The ation provisions contained in— under this section shall not expire before the
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term ‘‘COBRA continuation coverage’’ means ‘‘(i) the Internal Revenue Code of 1986, date that is 5 years after the later of—
continuation coverage provided pursuant to ‘‘(ii) the Employee Retirement Income Security ‘‘(1) the date on which the original return
part 6 of subtitle B of title I of the Employee Re- Act of 1974, or which includes the calendar quarter with re-
tirement Income Security Act of 1974 (other than ‘‘(iii) the Public Health Service Act, or spect to which such credit is determined is filed,
under section 609), title XXII of the Public ‘‘(B) under which some or all of the coverage or
Health Service Act, or section 4980B of the In- is not provided by insurance, ‘‘(2) the date on which such return is treated
ternal Revenue Code of 1986 (other than sub- the employer maintaining the plan, and as filed under section 6501(b)(2).
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1231
‘‘(g) REGULATIONS.—The Secretary shall issue ure is due to reasonable cause and not to willful ‘‘(3) an estate or trust.
such regulations, or other guidance, forms, in- neglect.’’. ‘‘(d) LIMITATION BASED ON ADJUSTED GROSS
structions, and publications, as may be nec- (B) CLERICAL AMENDMENT.—The table of sec- INCOME.—
essary or appropriate to carry out this section, tions of part I of subchapter B of chapter 68 of ‘‘(1) IN GENERAL.—The amount of the credit
including— such Code is amended by adding at the end the allowed by subsection (a) (determined without
‘‘(1) the requirement to report information or following new item: regard to this subsection and subsection (f))
the establishment of other methods for verifying ‘‘Sec. 6720C. Penalty for failure to notify health shall be reduced (but not below zero) by the
the correct amounts of reimbursements under plan of cessation of eligibility for amount which bears the same ratio to such cred-
this section, continuation coverage premium it (as so determined) as—
‘‘(2) the application of this section to group ‘‘(A) the excess of—
assistance.’’.
health plans that are multiemployer plans (as ‘‘(i) the taxpayer’s adjusted gross income for
(3) COORDINATION WITH HCTC.—
defined in section 3(37) of the Employee Retire- such taxable year, over
(A) IN GENERAL.—Section 35(g)(9) of the Inter- ‘‘(ii) $75,000, bears to
ment Income Security Act of 1974), nal Revenue Code of 1986 is amended to read as
‘‘(3) to allow the advance payment of the ‘‘(B) $5,000.
follows: ‘‘(2) SPECIAL RULES.—
credit determined under subsection (a), subject ‘‘(9) CONTINUATION COVERAGE PREMIUM AS- ‘‘(A) JOINT RETURN OR SURVIVING SPOUSE.—In
to the limitations provided in this section, based SISTANCE.—In the case of an assistance eligible the case of a joint return or a surviving spouse
on such information as the Secretary shall re- individual who receives premium assistance for (as defined in section 2(a)), paragraph (1) shall
quire, continuation coverage under section 9501(a)(1)
‘‘(4) to provide for the reconciliation of such be applied by substituting ‘$150,000’ for ‘$75,000’
of the American Rescue Plan Act of 2021 for any and ‘$10,000’ for ‘$5,000’.
advance payment with the amount of the credit month during the taxable year, such individual ‘‘(B) HEAD OF HOUSEHOLD.—In the case of a
at the time of filing the return of tax for the ap- shall not be treated as an eligible individual, a head of household (as defined in section 2(b)),
plicable quarter or taxable year, and certified individual, or a qualifying family mem-
‘‘(5) allowing the credit to third party payors paragraph (1) shall be applied by substituting
ber for purposes of this section or section 7527 ‘$112,500’ for ‘$75,000’ and ‘$7,500’ for ‘$5,000’.
(including professional employer organizations, with respect to such month.’’. ‘‘(e) DEFINITIONS AND SPECIAL RULES.—
certified professional employer organizations, or (B) EFFECTIVE DATE.—The amendment made ‘‘(1) DEPENDENT DEFINED.—For purposes of
agents under section 3504).’’. by subparagraph (A) shall apply to taxable this section, the term ‘dependent’ has the mean-
(B) CLERICAL AMENDMENT.—The table of sec-
years ending after the date of the enactment of ing given such term by section 152.
tions for subchapter B of chapter 65 of the In- ‘‘(2) IDENTIFICATION NUMBER REQUIREMENT.—
this Act.
ternal Revenue Code of 1986 is amended by add- ‘‘(A) IN GENERAL.—In the case of a return
(4) EXCLUSION OF CONTINUATION COVERAGE
ing at the end the following new item: other than a joint return, the $1,400 amount in
PREMIUM ASSISTANCE FROM GROSS INCOME.—
‘‘Sec. 6432. Continuation coverage premium as- (A) IN GENERAL.—Part III of subchapter B of subsection (b)(1) shall be treated as being zero
sistance.’’. chapter 1 of the Internal Revenue Code of 1986 unless the taxpayer includes the valid identi-
(C) EFFECTIVE DATE.—The amendments made is amended by inserting after section 139H the fication number of the taxpayer on the return of
by this paragraph shall apply to premiums to following new section: tax for the taxable year.
which subsection (a)(1)(A) applies and wages ‘‘SEC. 139I. CONTINUATION COVERAGE PREMIUM ‘‘(B) JOINT RETURNS.—In the case of a joint
paid on or after April 1, 2021. ASSISTANCE. return, the $2,800 amount in subsection (b)(1)
(D) SPECIAL RULE IN CASE OF EMPLOYEE PAY- shall be treated as being—
‘‘In the case of an assistance eligible indi-
MENT THAT IS NOT REQUIRED UNDER THIS SEC- ‘‘(i) $1,400 if the valid identification number of
vidual (as defined in subsection (a)(3) of section
TION.— only 1 spouse is included on the return of tax
9501 of the American Rescue Plan Act of 2021),
(i) IN GENERAL.—In the case of an assistance for the taxable year, and
gross income does not include any premium as-
eligible individual who pays, with respect any ‘‘(ii) zero if the valid identification number of
sistance provided under subsection (a)(1) of
period of coverage to which subsection (a)(1)(A) neither spouse is so included.
such section.’’.
applies, any amount of the premium for such ‘‘(C) DEPENDENTS.—A dependent shall not be
(B) CLERICAL AMENDMENT.—The table of sec-
coverage that the individual would have (but taken into account under subsection (b)(2) un-
tions for part III of subchapter B of chapter 1
for this Act) been required to pay, the person to less the valid identification number of such de-
of such Code is amended by inserting after the
whom such payment is payable shall reimburse pendent is included on the return of tax for the
item relating to section 139H the following new
such individual for the amount of such premium taxable year.
item:
paid. ‘‘(D) VALID IDENTIFICATION NUMBER.—
(ii) CREDIT OF REIMBURSEMENT.—A person to ‘‘Sec. 139I. Continuation coverage premium as- ‘‘(i) IN GENERAL.—For purposes of this para-
which clause (i) applies shall be allowed a credit sistance.’’. graph, the term ‘valid identification number’
in the manner provided under section 6432 of the (C) EFFECTIVE DATE.—The amendments made means a social security number issued to an in-
Internal Revenue Code of 1986 for any payment by this paragraph shall apply to taxable years dividual by the Social Security Administration
made to the employee under such clause. ending after the date of the enactment of this on or before the due date for filing the return
(iii) PAYMENT OF CREDITS.—Any person to Act. for the taxable year.
which clause (i) applies shall make the payment Subtitle G—Promoting Economic Security ‘‘(ii) ADOPTION TAXPAYER IDENTIFICATION
required under such clause to the individual not NUMBER.—For purposes of subparagraph (C), in
PART 1—2021 RECOVERY REBATES TO
later than 60 days after the date on which such INDIVIDUALS the case of a dependent who is adopted or
individual made the premium payment. placed for adoption, the term ‘valid identifica-
SEC. 9601. 2021 RECOVERY REBATES TO INDIVID-
(2) PENALTY FOR FAILURE TO NOTIFY HEALTH tion number’ shall include the adoption tax-
UALS.
PLAN OF CESSATION OF ELIGIBILITY FOR PREMIUM payer identification number of such dependent.
(a) IN GENERAL.—Subchapter B of chapter 65 ‘‘(E) SPECIAL RULE FOR MEMBERS OF THE
ASSISTANCE.—
(A) IN GENERAL.—Part I of subchapter B of of the Internal Revenue Code of 1986 is amended ARMED FORCES.—Subparagraph (B) shall not
chapter 68 of the Internal Revenue Code of 1986 by inserting after section 6428A the following apply in the case where at least 1 spouse was a
is amended by adding at the end the following new section: member of the Armed Forces of the United
new section: ‘‘SEC. 6428B. 2021 RECOVERY REBATES TO INDI- States at any time during the taxable year and
VIDUALS. the valid identification number of at least 1
‘‘SEC. 6720C. PENALTY FOR FAILURE TO NOTIFY
HEALTH PLAN OF CESSATION OF ‘‘(a) IN GENERAL.—In the case of an eligible spouse is included on the return of tax for the
ELIGIBILITY FOR CONTINUATION individual, there shall be allowed as a credit taxable year.
COVERAGE PREMIUM ASSISTANCE. against the tax imposed by subtitle A for the ‘‘(F) COORDINATION WITH CERTAIN ADVANCE
‘‘(a) IN GENERAL.—Except in the case of a first taxable year beginning in 2021 an amount PAYMENTS.—In the case of any payment deter-
failure described in subsection (b) or (c), any equal to the 2021 rebate amount determined for mined pursuant to subsection (g)(6), a valid
person required to notify a group health plan such taxable year. identification number shall be treated for pur-
under section 9501(a)(2)(B) of the American Res- ‘‘(b) 2021 REBATE AMOUNT.—For purposes of poses of this paragraph as included on the tax-
cue Plan Act of 2021 who fails to make such a this section, the term ‘2021 rebate amount’ payer’s return of tax if such valid identification
notification at such time and in such manner as means, with respect to any taxpayer for any number is available to the Secretary as described
the Secretary of Labor may require shall pay a taxable year, the sum of— in such subsection.
penalty of $250 for each such failure. ‘‘(1) $1,400 ($2,800 in the case of a joint re- ‘‘(G) MATHEMATICAL OR CLERICAL ERROR AU-
‘‘(b) INTENTIONAL FAILURE.—In the case of turn), plus THORITY.—Any omission of a correct valid iden-
any such failure that is fraudulent, such person ‘‘(2) $1,400 multiplied by the number of de- tification number required under this paragraph
shall pay a penalty equal to the greater of— pendents of the taxpayer for such taxable year. shall be treated as a mathematical or clerical
‘‘(1) $250, or ‘‘(c) ELIGIBLE INDIVIDUAL.—For purposes of error for purposes of applying section 6213(g)(2)
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‘‘(2) 110 percent of the premium assistance this section, the term ‘eligible individual’ means to such omission.
provided under section 9501(a)(1)(A) of the any individual other than— ‘‘(3) CREDIT TREATED AS REFUNDABLE.—The
American Rescue Plan Act of 2021 after termi- ‘‘(1) any nonresident alien individual, credit allowed by subsection (a) shall be treated
nation of eligibility under such section. ‘‘(2) any individual who is a dependent of an- as allowed by subpart C of part IV of sub-
‘‘(c) REASONABLE CAUSE EXCEPTION.—No pen- other taxpayer for a taxable year beginning in chapter A of chapter 1.
alty shall be imposed under this section with re- the calendar year in which the individual’s tax- ‘‘(f) COORDINATION WITH ADVANCE REFUNDS
spect to any failure if it is shown that such fail- able year begins, and OF CREDIT.—
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H1232 CONGRESSIONAL RECORD — HOUSE March 10, 2021
‘‘(1) REDUCTION OF REFUNDABLE CREDIT.—The determination date, a return of tax for such in- such advance refunds and credits as provided
amount of the credit which would (but for this dividual’s first taxable year beginning in 2020, under subsection (h)(1); and are provided assist-
paragraph) be allowable under subsection (a) the Secretary shall make a payment (in addition ance in applying for such advance refunds and
shall be reduced (but not below zero) by the ag- to any payment made under paragraph (1)) to credits.’’.
gregate refunds and credits made or allowed to such individual equal to the excess (if any) of— (b) TREATMENT OF CERTAIN POSSESSIONS.—
the taxpayer (or, except as otherwise provided ‘‘(I) the amount which would be determined (1) PAYMENTS TO POSSESSIONS WITH MIRROR
by the Secretary, any dependent of the tax- under paragraph (1) (after the application of CODE TAX SYSTEMS.—The Secretary of the Treas-
payer) under subsection (g). Any failure to so subparagraph (A)) by applying paragraph (1) as ury shall pay to each possession of the United
reduce the credit shall be treated as arising out of the additional payment determination date, States which has a mirror code tax system
of a mathematical or clerical error and assessed over amounts equal to the loss (if any) to that posses-
according to section 6213(b)(1). ‘‘(II) the amount of any payment made with sion by reason of the amendments made by this
‘‘(2) JOINT RETURNS.—Except as otherwise pro- respect to such individual under paragraph (1). section. Such amounts shall be determined by
vided by the Secretary, in the case of a refund ‘‘(ii) ADDITIONAL PAYMENT DETERMINATION the Secretary of the Treasury based on informa-
or credit made or allowed under subsection (g) DATE.—The term ‘additional payment deter- tion provided by the government of the respec-
with respect to a joint return, half of such re- mination date’ means the earlier of— tive possession.
fund or credit shall be treated as having been ‘‘(I) the date which is 90 days after the 2020 (2) PAYMENTS TO OTHER POSSESSIONS.—The
made or allowed to each individual filing such calendar year filing deadline, or Secretary of the Treasury shall pay to each pos-
return. ‘‘(II) September 1, 2021. session of the United States which does not have
‘‘(g) ADVANCE REFUNDS AND CREDITS.— ‘‘(iii) 2020 CALENDAR YEAR FILING DEADLINE.— a mirror code tax system amounts estimated by
‘‘(1) IN GENERAL.—Subject to paragraphs (5) The term ‘2020 calendar year filing deadline’ the Secretary of the Treasury as being equal to
and (6), each individual who was an eligible in- means the date specified in section 6072(a) with the aggregate benefits (if any) that would have
dividual for such individual’s first taxable year respect to returns for calendar year 2020. Such been provided to residents of such possession by
beginning in 2019 shall be treated as having date shall be determined after taking into ac- reason of the amendments made by this section
made a payment against the tax imposed by count any period disregarded under section if a mirror code tax system had been in effect in
chapter 1 for such taxable year in an amount 7508A if such disregard applies to substantially such possession. The preceding sentence shall
equal to the advance refund amount for such all returns for calendar year 2020 to which sec- not apply unless the respective possession has a
taxable year. tion 6072(a) applies. plan, which has been approved by the Secretary
‘‘(2) ADVANCE REFUND AMOUNT.— ‘‘(6) APPLICATION TO CERTAIN INDIVIDUALS
‘‘(A) IN GENERAL.—For purposes of paragraph of the Treasury, under which such possession
WHO HAVE NOT FILED A RETURN OF TAX FOR 2019 will promptly distribute such payments to its
(1), the advance refund amount is the amount OR 2020 AT TIME OF DETERMINATION.—In the case
that would have been allowed as a credit under residents.
of any individual who, at the time of any deter- (3) INCLUSION OF ADMINISTRATIVE EXPENSES.—
this section for such taxable year if this section mination made pursuant to paragraph (3), has The Secretary of the Treasury shall pay to each
(other than subsection (f) and this subsection) filed a tax return for neither the year described possession of the United States to which the
had applied to such taxable year. in paragraph (1) nor for the year described in
‘‘(B) TREATMENT OF DECEASED INDIVIDUALS.— Secretary makes a payment under paragraph (1)
paragraph (5)(A), the Secretary shall, consistent or (2) an amount equal to the lesser of—
For purposes of determining the advance refund with rules similar to the rules of section
amount with respect to such taxable year— (A) the increase (if any) of the administrative
6428A(f)(5)(H)(i), apply paragraph (1) on the expenses of such possession—
‘‘(i) any individual who was deceased before
basis of information available to the Secretary (i) in the case of a possession described in
January 1, 2021, shall be treated for purposes of
and shall, on the basis of such information, de- paragraph (1), by reason of the amendments
applying subsection (e)(2) in the same manner
termine the advance refund amount with respect made by this section, and
as if the valid identification number of such per-
to such individual without regard to subsection (ii) in the case of a possession described in
son was not included on the return of tax for
(d) unless the Secretary has reason to know that paragraph (2), by reason of carrying out the
such taxable year (except that subparagraph (E)
such amount would otherwise be reduced by plan described in such paragraph, or
thereof shall not apply),
‘‘(ii) notwithstanding clause (i), in the case of reason of such subsection. (B) $500,000 ($10,000,000 in the case of Puerto
‘‘(7) SPECIAL RULE RELATED TO TIME OF FILING Rico).
a joint return with respect to which only 1
RETURN.—Solely for purposes of this subsection, The amount described in subparagraph (A) shall
spouse is deceased before January 1, 2021, such
a return of tax shall not be treated as filed until be determined by the Secretary of the Treasury
deceased spouse was a member of the Armed
such return has been processed by the Internal based on information provided by the govern-
Forces of the United States at any time during
Revenue Service. ment of the respective possession.
the taxable year, and the valid identification
‘‘(8) RESTRICTION ON USE OF CERTAIN PRE- (4) COORDINATION WITH CREDIT ALLOWED
number of such deceased spouse is included on
VIOUSLY ISSUED PREPAID DEBIT CARDS.—Pay- AGAINST UNITED STATES INCOME TAXES.—No
the return of tax for the taxable year, the valid
ments made by the Secretary to individuals credit shall be allowed against United States in-
identification number of 1 (and only 1) spouse
under this section shall not be in the form of an come taxes under section 6428B of the Internal
shall be treated as included on the return of tax
increase in the balance of any previously issued Revenue Code of 1986 (as added by this section),
for the taxable year for purposes of applying
prepaid debit card if, as of the time of the nor shall any credit or refund be made or al-
subsection (e)(2)(B) with respect to such joint
issuance of such card, such card was issued lowed under subsection (g) of such section, to
return, and
‘‘(iii) no amount shall be determined under solely for purposes of making payments under any person—
subsection (e)(2) with respect to any dependent section 6428 or 6428A. (A) to whom a credit is allowed against taxes
‘‘(h) REGULATIONS.—The Secretary shall pre- imposed by the possession by reason of the
of the taxpayer if the taxpayer (both spouses in
scribe such regulations or other guidance as amendments made by this section, or
the case of a joint return) was deceased before
may be necessary or appropriate to carry out (B) who is eligible for a payment under a plan
January 1, 2021.
‘‘(3) TIMING AND MANNER OF PAYMENTS.—The the purposes of this section, including— described in paragraph (2).
Secretary shall, subject to the provisions of this ‘‘(1) regulations or other guidance providing (5) MIRROR CODE TAX SYSTEM.—For purposes
title and consistent with rules similar to the taxpayers the opportunity to provide the Sec- of this subsection, the term ‘‘mirror code tax sys-
rules of subparagraphs (B) and (C) of section retary information sufficient to allow the Sec- tem’’ means, with respect to any possession of
6428A(f)(3), refund or credit any overpayment retary to make payments to such taxpayers the United States, the income tax system of such
attributable to this subsection as rapidly as pos- under subsection (g) (including the determina- possession if the income tax liability of the resi-
sible, consistent with a rapid effort to make pay- tion of the amount of such payment) if such in- dents of such possession under such system is
ments attributable to such overpayments elec- formation is not otherwise available to the Sec- determined by reference to the income tax laws
tronically if appropriate. No refund or credit retary, and of the United States as if such possession were
‘‘(2) regulations or other guidance to ensure to the United States.
shall be made or allowed under this subsection
the maximum extent administratively prac- (6) TREATMENT OF PAYMENTS.—For purposes
after December 31, 2021.
‘‘(4) NO INTEREST.—No interest shall be al- ticable that, in determining the amount of any of section 1324 of title 31, United States Code,
lowed on any overpayment attributable to this credit under subsection (a) and any credit or re- the payments under this subsection shall be
subsection. fund under subsection (g), an individual is not treated in the same manner as a refund due
‘‘(5) APPLICATION TO INDIVIDUALS WHO HAVE taken into account more than once, including from a credit provision referred to in subsection
FILED A RETURN OF TAX FOR 2020.— by different taxpayers and including by reason (b)(2) of such section.
‘‘(A) APPLICATION TO 2020 RETURNS FILED AT of a change in joint return status or dependent (c) ADMINISTRATIVE PROVISIONS.—
TIME OF INITIAL DETERMINATION.—If, at the time status between the taxable year for which an (1) DEFINITION OF DEFICIENCY.—Section
of any determination made pursuant to para- advance refund amount is determined and the 6211(b)(4)(A) of the Internal Revenue Code of
graph (3), the individual referred to in para- taxable year for which a credit under subsection 1986 is amended by striking ‘‘6428, and 6428A’’
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graph (1) has filed a return of tax for the indi- (a) is determined. and inserting ‘‘6428, 6428A, and 6428B’’.
vidual’s first taxable year beginning in 2020, ‘‘(i) OUTREACH.—The Secretary shall carry (2) EXCEPTION FROM REDUCTION OR OFFSET.—
paragraph (1) shall be applied with respect to out a robust and comprehensive outreach pro- Any refund payable by reason of section
such individual by substituting ‘2020’ for ‘2019’. gram to ensure that all taxpayers described in 6428B(g) of the Internal Revenue Code of 1986
‘‘(B) ADDITIONAL PAYMENT.— subsection (h)(1) learn of their eligibility for the (as added by this section), or any such refund
‘‘(i) IN GENERAL.—In the case of any indi- advance refunds and credits under subsection payable by reason of subsection (b) of this sec-
vidual who files, before the additional payment (g); are advised of the opportunity to receive tion, shall not be—
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1233
(A) subject to reduction or offset pursuant to fying child who has not attained age 6 as of the erly claimed on the taxpayer’s return of tax for
subsection (c), (d), (e), or (f) of section 6402 of close of the calendar year in which the taxable the reference taxable year, and
the Internal Revenue Code of 1986 or any simi- year of the taxpayer begins)’ for ‘$1,000’. ‘‘(D) the ages of such children (and the status
lar authority permitting offset, or ‘‘(4) REDUCTION OF INCREASED CREDIT AMOUNT of such children as qualifying children) are de-
(B) reduced or offset by other assessed Federal BASED ON MODIFIED ADJUSTED GROSS INCOME.— termined for such taxable year by taking into
taxes that would otherwise be subject to levy or ‘‘(A) IN GENERAL.—The amount of the credit account the passage of time since the reference
collection. allowable under subsection (a) (determined taxable year.
(3) CONFORMING AMENDMENTS.— without regard to subsection (b)) shall be re- ‘‘(2) REFERENCE TAXABLE YEAR.—Except as
(A) Paragraph (2) of section 1324(b) of title 31, duced by $50 for each $1,000 (or fraction thereof) provided in paragraph (3)(A), the term ‘ref-
United States Code, is amended by inserting by which the taxpayer’s modified adjusted gross erence taxable year’ means, with respect to any
‘‘6428B,’’ after ‘‘6428A,’’. income (as defined in subsection (b)) exceeds the taxpayer for any calendar year, the taxpayer’s
(B) The table of sections for subchapter B of applicable threshold amount. taxable year beginning in the preceding cal-
chapter 65 of the Internal Revenue Code of 1986 ‘‘(B) APPLICABLE THRESHOLD AMOUNT.—For endar year or, in the case of taxpayer who did
is amended by inserting after the item relating purposes of this paragraph, the term ‘applicable not file a return of tax for such taxable year,
to section 6428A the following new item: threshold amount’ means— the taxpayer’s taxable year beginning in the
‘‘Sec. 6428B. 2021 recovery rebates to individ- ‘‘(i) $150,000, in the case of a joint return or second preceding calendar year.
uals.’’. surviving spouse (as defined in section 2(a)) , ‘‘(3) MODIFICATIONS DURING CALENDAR
(d) APPROPRIATIONS.—Immediately upon the ‘‘(ii) $112,500, in the case of a head of house- YEAR.—
enactment of this Act, in addition to amounts hold (as defined in section 2(b)), and ‘‘(A) IN GENERAL.—The Secretary may modify,
otherwise available, there are appropriated for ‘‘(iii) $75,000, in any other case. during any calendar year, the annual advance
fiscal year 2021, out of any money in the Treas- ‘‘(C) LIMITATION ON REDUCTION.— amount with respect to any taxpayer for such
ury not otherwise appropriated: ‘‘(i) IN GENERAL.—The amount of the reduc- calendar year to take into account—
(1) $1,464,500,000 to remain available until tion under subparagraph (A) shall not exceed ‘‘(i) a return of tax filed by such taxpayer
September 30, 2023 for necessary expenses for the the lesser of— during such calendar year (and the taxable year
Internal Revenue Service for the administration ‘‘(I) the applicable credit increase amount, or to which such return relates may be taken into
‘‘(II) 5 percent of the applicable phaseout account as the reference taxable year), and
of the advance payments, the provision of tax-
threshold range. ‘‘(ii) any other information provided by the
payer assistance, and the furtherance of inte-
‘‘(ii) APPLICABLE CREDIT INCREASE AMOUNT.— taxpayer to the Secretary which allows the Sec-
grated, modernized, and secure Internal Rev-
For purposes of this subparagraph, the term retary to determine payments under subsection
enue Service systems, of which up to $20,000,000
‘applicable credit increase amount’ means the (a) which, in the aggregate during any taxable
is available for premium pay for services related
excess (if any) of— year of the taxpayer, more closely total the Sec-
to the development of information technology as
‘‘(I) the amount of the credit allowable under retary’s estimate of the amount treated as al-
determined by the Commissioner of the Internal
this section for the taxable year determined lowed under subpart C of part IV of subchapter
Revenue occurring between January 1, 2020 and
without regard to this paragraph and subsection A of chapter 1 by reason of section 24(i)(1) for
December 31, 2022, and all of which shall sup-
(b), over such taxable year of such taxpayer.
plement and not supplant any other appropria- ‘‘(II) the amount of such credit as so deter-
tions that may be available for this purpose. ‘‘(B) ADJUSTMENT TO REFLECT EXCESS OR DEF-
mined and without regard to paragraph (3). ICIT IN PRIOR PAYMENTS.—In the case of any
(2) $7,000,000 to remain available until Sep- ‘‘(iii) APPLICABLE PHASEOUT THRESHOLD
tember 30, 2022, for necessary expenses for the modification of the annual advance amount
RANGE.—For purposes of this subparagraph, the under subparagraph (A), the Secretary may ad-
Bureau of the Fiscal Service to carry out this term ‘applicable phaseout threshold range’
section (and the amendments made by this sec- just the amount of any periodic payment made
means the excess of— after the date of such modification to properly
tion), which shall supplement and not supplant ‘‘(I) the threshold amount applicable to the
any other appropriations that may be available take into account the amount by which any
taxpayer under subsection (b) (determined after periodic payment made before such date was
for this purpose, and the application of subsection (h)(3)), over
(3) $8,000,000 to remain available until Sep- greater than or less than the amount that such
‘‘(II) the applicable threshold amount applica- payment would have been on the basis of the
tember 30, 2023, for the Treasury Inspector Gen- ble to the taxpayer under this paragraph.
eral for Tax Administration for the purposes of annual advance amount as so modified.
‘‘(D) COORDINATION WITH LIMITATION ON ‘‘(4) DETERMINATION OF STATUS.—If informa-
overseeing activities related to the administra- OVERALL CREDIT.—Subsection (b) shall be ap-
tion of this section (and the amendments made tion contained in the taxpayer’s return of tax
plied by substituting ‘the credit allowable under for the reference taxable year does not establish
by this section), which shall supplement and not subsection (a) (determined after the application
supplant any other appropriations that may be the status of the taxpayer as being described in
of subsection (i)(4)(A)’ for ‘the credit allowable section 24(i)(1), the Secretary shall, for purposes
available for this purpose. under subsection (a)’.’’. of paragraph (1)(A), determine such status
PART 2—CHILD TAX CREDIT (b) ADVANCE PAYMENT OF CREDIT.— based on information known to the Secretary.
SEC. 9611. CHILD TAX CREDIT IMPROVEMENTS (1) IN GENERAL.—Chapter 77 of such Code is ‘‘(5) TREATMENT OF CERTAIN DEATHS.—A child
FOR 2021. amended by inserting after section 7527 the fol- shall not be taken into account in determining
(a) IN GENERAL.—Section 24 of the Internal lowing new section: the annual advance amount under paragraph
Revenue Code of 1986 is amended by adding at ‘‘SEC. 7527A. ADVANCE PAYMENT OF CHILD TAX (1) if the death of such child is known to the
the end the following new subsection: CREDIT. Secretary as of the beginning of the calendar
‘‘(i) SPECIAL RULES FOR 2021.—In the case of ‘‘(a) IN GENERAL.—The Secretary shall estab- year for which the estimate under such para-
any taxable year beginning after December 31, lish a program for making periodic payments to graph is made.
2020, and before January 1, 2022— taxpayers which, in the aggregate during any ‘‘(c) ON-LINE INFORMATION PORTAL.—The Sec-
‘‘(1) REFUNDABLE CREDIT.—If the taxpayer (in calendar year, equal the annual advance retary shall establish an on-line portal which
the case of a joint return, either spouse) has a amount determined with respect to such tax- allows taxpayers to—
principal place of abode in the United States payer for such calendar year. Except as pro- ‘‘(1) elect not to receive payments under this
(determined as provided in section 32) for more vided in subsection (b)(3)(B), the periodic pay- section, and
than one-half of the taxable year or is a bona ments made to any taxpayer for any calendar ‘‘(2) provide information to the Secretary
fide resident of Puerto Rico (within the meaning year shall be in equal amounts. which would be relevant to a modification
of section 937(a)) for such taxable year— ‘‘(b) ANNUAL ADVANCE AMOUNT.—For pur- under subsection (b)(3)(B) of the annual ad-
‘‘(A) subsection (d) shall not apply, and poses of this section— vance amount, including information regard-
‘‘(B) so much of the credit determined under ‘‘(1) IN GENERAL.—Except as otherwise pro- ing—
subsection (a) (after application of subpara- vided in this subsection, the term ‘annual ad- ‘‘(A) a change in the number of the taxpayer’s
graph (A)) as does not exceed the amount of vance amount’ means, with respect to any tax- qualifying children, including by reason of the
such credit which would be so determined with- payer for any calendar year, the amount (if birth of a child,
out regard to subsection (h)(4) shall be allowed any) which is estimated by the Secretary as ‘‘(B) a change in the taxpayer’s marital sta-
under subpart C (and not allowed under this being equal to 50 percent of the amount which tus,
subpart). would be treated as allowed under subpart C of ‘‘(C) a significant change in the taxpayer’s in-
‘‘(2) 17-YEAR-OLDS ELIGIBLE FOR TREATMENT part IV of subchapter A of chapter 1 by reason come, and
AS QUALIFYING CHILDREN.—This section shall be of section 24(i)(1) for the taxpayer’s taxable year ‘‘(D) any other factor which the Secretary
applied— beginning in such calendar year if— may provide.
‘‘(A) by substituting ‘age 18’ for ‘age 17’ in ‘‘(A) the status of the taxpayer as a taxpayer ‘‘(d) NOTICE OF PAYMENTS.—Not later than
subsection (c)(1), and described in section 24(i)(1) is determined with January 31 of the calendar year following any
dlhill on DSK120RN23PROD with HOUSE
‘‘(B) by substituting ‘described in subsection respect to the reference taxable year, calendar year during which the Secretary makes
(c) (determined after the application of sub- ‘‘(B) the taxpayer’s modified adjusted gross one or more payments to any taxpayer under
section (i)(2)(A))’ for ‘described in subsection income for such taxable year is equal to the tax- this section, the Secretary shall provide such
(c)’ in subsection (h)(4)(A). payer’s modified adjusted gross income for the taxpayer with a written notice which includes
‘‘(3) CREDIT AMOUNT.—Subsection (h)(2) shall reference taxable year, the taxpayer’s taxpayer identity (as defined in
not apply and subsection (a) shall be applied by ‘‘(C) the only children of such taxpayer for section 6103(b)(6)), the aggregate amount of
substituting ‘$3,000 ($3,600 in the case of a quali- such taxable year are qualifying children prop- such payments made to such taxpayer during
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H1234 CONGRESSIONAL RECORD — HOUSE March 10, 2021
such calendar year, and such other information ed by adding at the end the following new sub- (C) Paragraph (2) of section 1324(b) of title 31,
as the Secretary determines appropriate. section: United States Code, is amended—
‘‘(e) ADMINISTRATIVE PROVISIONS.— ‘‘(j) RECONCILIATION OF CREDIT AND ADVANCE (i) by inserting ‘‘24,’’ before ‘‘25A’’, and
‘‘(1) APPLICATION OF ELECTRONIC FUNDS PAY- CREDIT.— (ii) by striking ‘‘ or 6431’’ and inserting ‘‘6431,
MENT REQUIREMENT.—The payments made by ‘‘(1) IN GENERAL.—The amount of the credit or 7527A’’.
the Secretary under subsection (a) shall be made allowed under this section to any taxpayer for (D) The table of sections for chapter 77 of the
by electronic funds transfer to the same extent any taxable year shall be reduced (but not Internal Revenue Code of 1986 is amended by in-
and in the same manner as if such payments below zero) by the aggregate amount of pay- serting after the item relating to section 7527 the
were Federal payments not made under this ments made under section 7527A to such tax- following new item:
title. payer during such taxable year. Any failure to ‘‘Sec. 7527A. Advance payment of child tax
‘‘(2) APPLICATION OF CERTAIN RULES.—Rules so reduce the credit shall be treated as arising credit.’’.
similar to the rules of subparagraphs (B) and out of a mathematical or clerical error and as- (5) APPROPRIATIONS TO CARRY OUT ADVANCE
(C) of section 6428A(f)(3) shall apply for pur- sessed according to section 6213(b)(1). PAYMENTS.—Immediately upon the enactment of
poses of this section. ‘‘(2) EXCESS ADVANCE PAYMENTS.— this Act, in addition to amounts otherwise avail-
‘‘(3) EXCEPTION FROM REDUCTION OR OFF- ‘‘(A) IN GENERAL.—If the aggregate amount of able, there are appropriated for fiscal year 2021,
SET.—Any payment made to any individual payments under section 7527A to the taxpayer out of any money in the Treasury not otherwise
under this section shall not be— during the taxable year exceeds the amount of appropriated:
‘‘(A) subject to reduction or offset pursuant to the credit allowed under this section to such (A) $397,200,000 to remain available until Sep-
subsection (c), (d), (e), or (f) of section 6402 or taxpayer for such taxable year (determined tember 30, 2022, for necessary expenses for the
any similar authority permitting offset, or without regard to paragraph (1)), the tax im- Internal Revenue Service to carry out this sec-
‘‘(B) reduced or offset by other assessed Fed- posed by this chapter for such taxable year shall tion (and the amendments made by this section),
eral taxes that would otherwise be subject to be increased by the amount of such excess. Any which shall supplement and not supplant any
levy or collection. failure to so increase the tax shall be treated as other appropriations that may be available for
‘‘(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-
‘‘(A) IN GENERAL.—The advance payment ‘‘(B) SAFE HARBOR BASED ON MODIFIED AD- tember 30, 2022, for necessary expenses for the
amount determined under this section shall be JUSTED GROSS INCOME.— Bureau of the Fiscal Service to carry out this
determined— ‘‘(i) IN GENERAL.—In the case of a taxpayer section (and the amendments made by this sec-
‘‘(i) by applying section 24(i)(1) without re- whose modified adjusted gross income (as de- tion), which shall supplement and not supplant
gard to the phrase ‘or is a bona fide resident of fined in subsection (b)) for the taxable year does any other appropriations that may be available
Puerto Rico (within the meaning of section not exceed 200 percent of the applicable income for this purpose.
937(a))’, and threshold, the amount of the increase deter- (c) EFFECTIVE DATE.—
‘‘(ii) without regard to section (1) IN GENERAL.—The amendments made by
mined under subparagraph (A) with respect to
24(k)(3)(C)(ii)(I). this section shall apply to taxable years begin-
such taxpayer for such taxable year shall be re-
‘‘(B) MIRROR CODE POSSESSIONS.—In the case ning after December 31, 2020.
duced (but not below zero) by the safe harbor
of any possession of the United States with a (2) ESTABLISHMENT OF ADVANCE PAYMENT PRO-
amount.
mirror code tax system (as defined in section GRAM.—The Secretary of the Treasury (or the
‘‘(ii) PHASE OUT OF SAFE HARBOR AMOUNT.—In
24(k)), this section shall not be treated as part Secretary’s designee) shall establish the program
the case of a taxpayer whose modified adjusted
of the income tax laws of the United States for described in section 7527A of the Internal Rev-
gross income (as defined in subsection (b)) for
purposes of determining the income tax law of enue Code of 1986 as soon as practicable after
the taxable year exceeds the applicable income
such possession unless such possession elects to the date of the enactment of this Act, except
threshold, the safe harbor amount otherwise in
have this section be so treated. that the Secretary shall ensure that the timing
effect under clause (i) shall be reduced by the
‘‘(C) ADMINISTRATIVE EXPENSES OF ADVANCE of the establishment of such program does not
amount which bears the same ratio to such
PAYMENTS.— interfere with carrying out section 6428B(g) as
amount as such excess bears to the applicable
‘‘(i) MIRROR CODE POSSESSIONS.—In the case rapidly as possible.
income threshold.
of any possession described in subparagraph (B) SEC. 9612. APPLICATION OF CHILD TAX CREDIT
‘‘(iii) APPLICABLE INCOME THRESHOLD.—For IN POSSESSIONS.
which makes the election described in such sub- purposes of this subparagraph, the term ‘appli-
paragraph, the amount otherwise paid by the (a) IN GENERAL.—Section 24 of the Internal
cable income threshold’ means—
Secretary to such possession under section Revenue Code of 1986, as amended by the pre-
‘‘(I) $60,000 in the case of a joint return or
24(k)(1)(A) with respect to taxable years begin- ceding provisions of this Act, is amended by
surviving spouse (as defined in section 2(a)),
ning in 2021 shall be increased by $300,000 if adding at the end the following new subsection:
‘‘(II) $50,000 in the case of a head of house- ‘‘(k) APPLICATION OF CREDIT IN POSSES-
such possession has a plan, which has been ap- hold, and SIONS.—
proved by the Secretary, for making advance ‘‘(III) $40,000 in any other case. ‘‘(1) MIRROR CODE POSSESSIONS.—
payments consistent with such election. ‘‘(iv) SAFE HARBOR AMOUNT.—For purposes of ‘‘(A) IN GENERAL.—The Secretary shall pay to
‘‘(ii) AMERICAN SAMOA.—The amount other- this subparagraph, the term ‘safe harbor each possession of the United States with a mir-
wise paid by the Secretary to American Samoa amount’ means, with respect to any taxable ror code tax system amounts equal to the loss (if
under subparagraph (A) of section 24(k)(3) with year, the product of— any) to that possession by reason of the applica-
respect to taxable years beginning in 2021 shall ‘‘(I) $2,000, multiplied by tion of this section (determined without regard
be increased by $300,000 if the plan described in ‘‘(II) the excess (if any) of the number of to this subsection) with respect to taxable years
subparagraph (B) of such section includes a qualified children taken into account in deter- beginning after 2020. Such amounts shall be de-
program, which has been approved by the Sec- mining the annual advance amount with respect termined by the Secretary based on information
retary, for making advance payments under to the taxpayer under section 7527A with respect provided by the government of the respective
rules similar to the rules of this section. to months beginning in such taxable year, over possession.
‘‘(iii) TIMING OF PAYMENT.—The Secretary the number of qualified children taken into ac- ‘‘(B) COORDINATION WITH CREDIT ALLOWED
may pay, upon the request of the possession of count in determining the credit allowed under AGAINST UNITED STATES INCOME TAXES.—No
the United States to which the payment is to be this section for such taxable year.’’. credit shall be allowed under this section for
made, the amount of the increase determined (3) COORDINATION WITH WAGE WITHHOLDING.— any taxable year to any individual to whom a
under clause (i) or (ii) immediately upon ap- Section 3402(f)(1)(C) of such Code is amended by credit is allowable against taxes imposed by a
proval of the plan referred to in such clause, re- striking ‘‘section 24(a)’’ and inserting ‘‘section possession of the United States with a mirror
spectively. 24 (determined after application of subsection (j) code tax system by reason of the application of
‘‘(f) APPLICATION.—No payments shall be thereof)’’. this section in such possession for such taxable
made under the program established under sub- (4) CONFORMING AMENDMENTS.— year.
section (a) with respect to— (A) Section 26(b)(2) of such Code is amended ‘‘(C) MIRROR CODE TAX SYSTEM.—For pur-
‘‘(1) any period before July 1, 2021, or by striking ‘‘and’’ at the end of subparagraph poses of this paragraph, the term ‘mirror code
‘‘(2) any period after December 31, 2021. (X), by striking the period at the end of sub- tax system’ means, with respect to any posses-
‘‘(g) REGULATIONS.—The Secretary shall issue paragraph (Y) and inserting ‘‘, and’’, and by sion of the United States, the income tax system
such regulations or other guidance as the Sec- adding at the end the following new subpara- of such possession if the income tax liability of
retary determines necessary or appropriate to graph: the residents of such possession under such sys-
carry out the purposes of this section and sub- ‘‘(Z) section 24(j)(2) (relating to excess ad- tem is determined by reference to the income tax
sections (i)(1) and (j) of section 24, including vance payments).’’. laws of the United States as if such possession
regulations or other guidance which provides (B) Section 6211(b)(4)(A) of such Code, as were the United States.
dlhill on DSK120RN23PROD with HOUSE
for the application of such provisions where the amended by the preceding provisions of this sub- ‘‘(2) PUERTO RICO.—
filing status of the taxpayer for a taxable year title, is amended— ‘‘(A) APPLICATION TO TAXABLE YEARS IN 2021.—
is different from the status used for determining (i) by striking ‘‘24(d)’’ and inserting ‘‘24 by ‘‘(i) For application of refundable credit to
the annual advance amount.’’. reason of subsections (d) and (i)(1) thereof’’, residents of Puerto Rico, see subsection (i)(1).
(2) RECONCILIATION OF CREDIT AND ADVANCE and ‘‘(ii) For nonapplication of advance payment
CREDIT.—Section 24 of such Code, as amended (ii) by striking ‘‘and 6428B’’ and inserting to residents of Puerto Rico, see section
by the preceding provision of this Act, is amend- ‘‘6428B, and 7527A’’. 7527A(e)(4)(A).
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1235
‘‘(B) APPLICATION TO TAXABLE YEARS AFTER means, with respect to any taxable year, an in- ‘‘(i) is married (as determined under section
2021.—In the case of any bona fide resident of dividual who is an eligible student (as defined 7703(a)) and does not file a joint return for the
Puerto Rico (within the meaning of section in section 25A(b)(3)) during at least 5 calendar taxable year,
937(a)) for any taxable year beginning after De- months during the taxable year. ‘‘(ii) resides with a qualifying child of the in-
cember 31, 2021— ‘‘(D) QUALIFIED FORMER FOSTER YOUTH.—For dividual for more than one-half of such taxable
‘‘(i) the credit determined under this section purposes of this paragraph, the term ‘qualified year, and
shall be allowable to such resident, and former foster youth’ means an individual who— ‘‘(iii)(I) during the last 6 months of such tax-
‘‘(ii) subsection (d)(1)(B)(ii) shall be applied ‘‘(i) on or after the date that such individual able year, does not have the same principal
without regard to the phrase ‘in the case of a attained age 14, was in foster care provided place of abode as the individual’s spouse, or
taxpayer with 3 or more qualifying children’. under the supervision or administration of an ‘‘(II) has a decree, instrument, or agreement
‘‘(3) AMERICAN SAMOA.— entity administering (or eligible to administer) a (other than a decree of divorce) described in sec-
‘‘(A) IN GENERAL.—The Secretary shall pay to plan under part B or part E of title IV of the So- tion 121(d)(3)(C) with respect to the individual’s
American Samoa amounts estimated by the Sec- cial Security Act (without regard to whether spouse and is not a member of the same house-
retary as being equal to the aggregate benefits Federal assistance was provided with respect to hold with the individual’s spouse by the end of
that would have been provided to residents of such child under such part E), and the taxable year.’’.
American Samoa by reason of the application of ‘‘(ii) provides (in such manner as the Sec- (b) CONFORMING AMENDMENTS.—
this section for taxable years beginning after retary may provide) consent for entities which (1) Section 32(c)(1)(A) of such Code is amend-
2020 if the provisions of this section had been in administer a plan under part B or part E of title ed by striking the last sentence.
effect in American Samoa (applied as if Amer- IV of the Social Security Act to disclose to the (2) Section 32(c)(1)(E)(ii) of such Code is
ican Samoa were the United States and without Secretary information related to the status of amended by striking ‘‘(within the meaning of
regard to the application of this section to bona such individual as a qualified former foster section 7703)’’.
fide residents of Puerto Rico under subsection youth. (3) Section 32(d)(1) of such Code, as amended
(i)(1)). ‘‘(E) QUALIFIED HOMELESS YOUTH.—For pur- by subsection (a), is amended by striking
‘‘(B) DISTRIBUTION REQUIREMENT.—Subpara- poses of this paragraph, the term ‘qualified ‘‘(within the meaning of section 7703)’’.
graph (A) shall not apply unless American homeless youth’ means, with respect to any tax- (c) EFFECTIVE DATE.—The amendments made
Samoa has a plan, which has been approved by able year, an individual who certifies, in a man- by this section shall apply to taxable years be-
the Secretary, under which American Samoa ner as provided by the Secretary, that such indi- ginning after December 31, 2020.
will promptly distribute such payments to its vidual is either an unaccompanied youth who is SEC. 9624. MODIFICATION OF DISQUALIFIED IN-
residents. a homeless child or youth, or is unaccompanied, VESTMENT INCOME TEST.
‘‘(C) COORDINATION WITH CREDIT ALLOWED at risk of homelessness, and self-supporting. (a) IN GENERAL.—Section 32(i) of the Internal
AGAINST UNITED STATES INCOME TAXES.— ‘‘(2) ELIMINATION OF MAXIMUM AGE FOR CRED- Revenue Code of 1986 is amended by striking
‘‘(i) IN GENERAL.—In the case of a taxable IT.—Subsection (c)(1)(A)(ii)(II) shall be applied ‘‘$2,200’’ and inserting ‘‘$10,000’’.
year with respect to which a plan is approved without regard to the phrase ‘but not attained (b) INFLATION ADJUSTMENT.—Section 32(j)(1)
under subparagraph (B), this section (other age 65’. of such Code is amended—
than this subsection) shall not apply to any in- ‘‘(3) INCREASE IN CREDIT AND PHASEOUT PER- (1) in the matter preceding subparagraph (A),
dividual eligible for a distribution under such CENTAGES.—The table contained in subsection by inserting ‘‘(2021 in the case of the dollar
plan. (b)(1) shall be applied by substituting ‘15.3’ for amount in subsection (i)(1))’’ after ‘‘2015’’,
‘‘(ii) APPLICATION OF SECTION IN EVENT OF AB- ‘7.65’ each place it appears therein. (2) in subparagraph (B)(i)—
SENCE OF APPROVED PLAN.—In the case of a tax- ‘‘(4) INCREASE IN EARNED INCOME AND PHASE- (A) by striking ‘‘subsections (b)(2)(A) and
able year with respect to which a plan is not ap- OUT AMOUNTS.— (i)(1)’’ and inserting ‘‘subsection (b)(2)(A)’’, and
proved under subparagraph (B)— ‘‘(A) IN GENERAL.—The table contained in (B) by striking ‘‘and’’ at the end,
‘‘(I) if such taxable year begins in 2021, sub- subsection (b)(2)(A) shall be applied— (3) by striking the period at the end of sub-
section (i)(1) shall be applied by substituting ‘‘(i) by substituting ‘$9,820’ for ‘$4,220’, and paragraph (B)(ii) and inserting ‘‘, and’’, and
‘bona fide resident of Puerto Rico or American ‘‘(ii) by substituting ‘$11,610’ for ‘$5,280’. (4) by inserting after subparagraph (B)(ii) the
Samoa’ for ‘bona fide resident of Puerto Rico’, ‘‘(B) COORDINATION WITH INFLATION ADJUST- following new clause:
and MENT.—Subsection (j) shall not apply to any ‘‘(iii) in the case of the $10,000 amount in sub-
‘‘(II) if such taxable year begins after Decem- dollar amount specified in this paragraph.’’. section (i)(1), ‘calendar year 2020’ for ‘calendar
ber 31, 2021, rules similar to the rules of para- (b) INFORMATION RETURN MATCHING.—As year 2016’.’’.
graph (2)(B) shall apply with respect to bona soon as practicable, the Secretary of the Treas- (c) EFFECTIVE DATE.—The amendments made
fide residents of American Samoa (within the ury (or the Secretary’s delegate) shall develop by this section shall apply to taxable years be-
meaning of section 937(a)). and implement procedures to use information re- ginning after December 31, 2020.
‘‘(4) TREATMENT OF PAYMENTS.—For purposes turns under section 6050S (relating to returns re-
SEC. 9625. APPLICATION OF EARNED INCOME TAX
of section 1324 of title 31, United States Code, lating to higher education tuition and related CREDIT IN POSSESSIONS OF THE
the payments under this subsection shall be expenses) to check the status of individuals as UNITED STATES.
treated in the same manner as a refund due specified students for purposes of section (a) IN GENERAL.—Chapter 77 of the Internal
from a credit provision referred to in subsection 32(n)(1)(B)(ii) of the Internal Revenue Code of Revenue Code of 1986 is amended by adding at
(b)(2) of such section.’’. 1986 (as added by this section). the end the following new section:
(b) EFFECTIVE DATE.—The amendments made (c) EFFECTIVE DATE.—The amendment made
‘‘SEC. 7530. APPLICATION OF EARNED INCOME
by this section shall apply to taxable years be- by this section shall apply to taxable years be- TAX CREDIT TO POSSESSIONS OF
ginning after December 31, 2020. ginning after December 31, 2020. THE UNITED STATES.
SEC. 9622. TAXPAYER ELIGIBLE FOR CHILDLESS ‘‘(a) PUERTO RICO.—
PART 3—EARNED INCOME TAX CREDIT EARNED INCOME CREDIT IN CASE OF
SEC. 9621. STRENGTHENING THE EARNED IN-
‘‘(1) IN GENERAL.—With respect to calendar
QUALIFYING CHILDREN WHO FAIL
COME TAX CREDIT FOR INDIVIDUALS TO MEET CERTAIN IDENTIFICATION
year 2021 and each calendar year thereafter, the
WITH NO QUALIFYING CHILDREN. REQUIREMENTS. Secretary shall, except as otherwise provided in
(a) SPECIAL RULES FOR 2021.—Section 32 of (a) IN GENERAL.—Section 32(c)(1) of the Inter- this subsection, make payments to Puerto Rico
the Internal Revenue Code of 1986 is amended nal Revenue Code of 1986 is amended by striking equal to—
by adding at the end the following new sub- subparagraph (F). ‘‘(A) the specified matching amount for such
section: (b) EFFECTIVE DATE.—The amendment made calendar year, plus
‘‘(n) SPECIAL RULES FOR INDIVIDUALS WITH- by this section shall apply to taxable years be- ‘‘(B) in the case of calendar years 2021
OUT QUALIFYING CHILDREN.—In the case of any ginning after December 31, 2020. through 2025, the lesser of—
taxable year beginning after December 31, 2020, SEC. 9623. CREDIT ALLOWED IN CASE OF CERTAIN
‘‘(i) the expenditures made by Puerto Rico
and before January 1, 2022— SEPARATED SPOUSES. during such calendar year for education efforts
‘‘(1) DECREASE IN MINIMUM AGE FOR CREDIT.— (a) IN GENERAL.—Section 32(d) of the Internal with respect to individual taxpayers and tax re-
‘‘(A) IN GENERAL.—Subsection (c)(1)(A)(ii)(II) Revenue Code of 1986 is amended— turn preparers relating to the earned income tax
shall be applied by substituting ‘the applicable (1) by striking ‘‘MARRIED INDIVIDUALS.—In credit, or
minimum age’ for ‘age 25’. the case of’’ and inserting the following: ‘‘MAR- ‘‘(ii) $1,000,000.
‘‘(B) APPLICABLE MINIMUM AGE.—For pur- RIED INDIVIDUALS.— ‘‘(2) REQUIREMENT TO REFORM EARNED INCOME
poses of this paragraph, the term ‘applicable ‘‘(1) IN GENERAL.—In the case of’’, and TAX CREDIT.—The Secretary shall not make any
minimum age’ means— (2) by adding at the end the following new payments under paragraph (1) with respect to
‘‘(i) except as otherwise provided in this sub- paragraph: any calendar year unless Puerto Rico has in ef-
paragraph, age 19, ‘‘(2) DETERMINATION OF MARITAL STATUS.— fect an earned income tax credit for taxable
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‘‘(ii) in the case of a specified student (other For purposes of this section— years beginning in or with such calendar year
than a qualified former foster youth or a quali- ‘‘(A) IN GENERAL.—Except as provided in sub- which (relative to the earned income tax credit
fied homeless youth), age 24, and paragraph (B), marital status shall be deter- which was in effect for taxable years beginning
‘‘(iii) in the case of a qualified former foster mined under section 7703(a). in or with calendar year 2019) increases the per-
youth or a qualified homeless youth, age 18. ‘‘(B) SPECIAL RULE FOR SEPARATED SPOUSE.— centage of earned income which is allowed as a
‘‘(C) SPECIFIED STUDENT.—For purposes of An individual shall not be treated as married if credit for each group of individuals with respect
this paragraph, the term ‘specified student’ such individual— to which such percentage is separately stated or
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H1236 CONGRESSIONAL RECORD — HOUSE March 10, 2021
determined in a manner designed to substan- ‘‘(1) IN GENERAL.—With respect to calendar return of earned income pursuant to subsection
tially increase workforce participation. year 2021 and each calendar year thereafter, the (a) shall be treated as a mathematical or clerical
‘‘(3) SPECIFIED MATCHING AMOUNT.—For pur- Secretary shall, except as otherwise provided in error.
poses of this subsection— this subsection, make payments to American (2) NO EFFECT ON DETERMINATION OF GROSS
‘‘(A) IN GENERAL.—The term ‘specified match- Samoa equal to— INCOME, ETC.—Except as otherwise provided in
ing amount’ means, with respect to any cal- ‘‘(A) the lesser of— this subsection, the Internal Revenue Code of
endar year, the lesser of— ‘‘(i) the cost to American Samoa of the earned 1986 shall be applied without regard to any sub-
‘‘(i) the excess (if any) of— income tax credit for taxable years beginning in stitution under subsection (a).
‘‘(I) the cost to Puerto Rico of the earned in- or with such calendar year, or (d) TREATMENT OF CERTAIN POSSESSIONS.—
come tax credit for taxable years beginning in or ‘‘(ii) $16,000,000, plus (1) PAYMENTS TO POSSESSIONS WITH MIRROR
with such calendar year, over ‘‘(B) in the case of calendar years 2021 CODE TAX SYSTEMS.—The Secretary of the Treas-
‘‘(II) the base amount for such calendar year, through 2025, the lesser of— ury shall pay to each possession of the United
or ‘‘(i) the expenditures made by American States which has a mirror code tax system
‘‘(ii) the product of 3, multiplied by the base Samoa during such calendar year for education amounts equal to the loss (if any) to that posses-
amount for such calendar year. efforts with respect to individual taxpayers and sion by reason of the application of the provi-
‘‘(B) BASE AMOUNT.— tax return preparers relating to such earned in- sions of this section (other than this subsection)
‘‘(i) BASE AMOUNT FOR 2021.—In the case of come tax credit, or with respect to section 32 of the Internal Rev-
calendar year 2021, the term ‘base amount’ ‘‘(ii) $50,000. enue Code of 1986. Such amounts shall be deter-
means the greater of— ‘‘(2) REQUIREMENT TO ENACT AND MAINTAIN AN mined by the Secretary of the Treasury based on
‘‘(I) the cost to Puerto Rico of the earned in- EARNED INCOME TAX CREDIT.—The Secretary information provided by the government of the
come tax credit for taxable years beginning in or shall not make any payments under paragraph respective possession.
with calendar year 2019 (rounded to the nearest (1) with respect to any calendar year unless (2) PAYMENTS TO OTHER POSSESSIONS.—The
multiple of $1,000,000), or American Samoa has in effect an earned income Secretary of the Treasury shall pay to each pos-
‘‘(II) $200,000,000. tax credit for taxable years beginning in or with session of the United States which does not have
‘‘(ii) INFLATION ADJUSTMENT.—In the case of such calendar year which allows a refundable a mirror code tax system amounts estimated by
any calendar year after 2021, the term ‘base tax credit to individuals on the basis of the tax- the Secretary of the Treasury as being equal to
amount’ means the dollar amount determined payer’s earned income which is designed to sub- the aggregate benefits (if any) that would have
under clause (i) increased by an amount equal stantially increase workforce participation. been provided to residents of such possession by
to— ‘‘(3) INFLATION ADJUSTMENT.—In the case of reason of the provisions of this section (other
‘‘(I) such dollar amount, multiplied by— any calendar year after 2021, the $16,000,000 than this subsection) with respect to section 32
‘‘(II) the cost-of-living adjustment determined amount in paragraph (1)(A)(ii) shall be in- of the Internal Revenue Code of 1986 if a mirror
under section 1(f)(3) for such calendar year, de- creased by an amount equal to— code tax system had been in effect in such pos-
termined by substituting ‘calendar year 2020’ for ‘‘(A) such dollar amount, multiplied by— session. The preceding sentence shall not apply
‘calendar year 2016’ in subparagraph (A)(ii) ‘‘(B) the cost-of-living adjustment determined unless the respective possession has a plan,
thereof. under section 1(f)(3) for such calendar year, de- which has been approved by the Secretary of
Any amount determined under this clause shall termined by substituting ‘calendar year 2020’ for the Treasury, under which such possession will
be rounded to the nearest multiple of $1,000,000. ‘calendar year 2016’ in subparagraph (A)(ii) promptly distribute such payments to its resi-
‘‘(4) RULES RELATED TO PAYMENTS.— thereof. dents.
‘‘(A) TIMING OF PAYMENTS.—The Secretary Any increase determined under this clause shall (3) MIRROR CODE TAX SYSTEM.—For purposes
shall make payments under paragraph (1) for be rounded to the nearest multiple of $100,000. of this section, the term ‘‘mirror code tax sys-
any calendar year— ‘‘(4) APPLICATION OF CERTAIN RULES.—Rules tem’’ means, with respect to any possession of
‘‘(i) after receipt of such information as the similar to the rules of subparagraphs (A), (B), the United States, the income tax system of such
Secretary may require to determine such pay- and (C) of subsection (a)(4) shall apply for pur- possession if the income tax liability of the resi-
ments, and poses of this subsection. dents of such possession under such system is
‘‘(ii) except as provided in clause (i), within a ‘‘(d) TREATMENT OF PAYMENTS.—For purposes determined by reference to the income tax laws
reasonable period of time before the due date for of section 1324 of title 31, United States Code, of the United States as if such possession were
individual income tax returns (as determined the payments under this section shall be treated the United States.
under the laws of Puerto Rico) for taxable years in the same manner as a refund due from a (4) TREATMENT OF PAYMENTS.—For purposes
which began on the first day of such calendar credit provision referred to in subsection (b)(2) of section 1324 of title 31, United States Code,
year. of such section.’’. the payments under this section shall be treated
‘‘(B) INFORMATION.—The Secretary may re- (b) CLERICAL AMENDMENT.—The table of sec-
in the same manner as a refund due from a
quire the reporting of such information as the tions for chapter 77 of the Internal Revenue
credit provision referred to in subsection (b)(2)
Secretary may require to carry out this sub- Code of 1986 is amended by adding at the end
of such section.
section. the following new item:
‘‘(C) DETERMINATION OF COST OF EARNED IN- PART 4—DEPENDENT CARE ASSISTANCE
‘‘Sec. 7530. Application of earned income tax
COME TAX CREDIT.—For purposes of this sub- credit to possessions of the United SEC. 9631. REFUNDABILITY AND ENHANCEMENT
section, the cost to Puerto Rico of the earned in- OF CHILD AND DEPENDENT CARE
States.’’.
come tax credit shall be determined by the Sec- TAX CREDIT.
SEC. 9626. TEMPORARY SPECIAL RULE FOR DE-
retary on the basis of the laws of Puerto Rico TERMINING EARNED INCOME FOR
(a) IN GENERAL.—Section 21 of the Internal
and shall include reductions in revenues re- PURPOSES OF EARNED INCOME TAX Revenue Code of 1986 is amended by adding at
ceived by Puerto Rico by reason of such credit CREDIT. the end the following new subsection:
and refunds attributable to such credit, but (a) IN GENERAL.—If the earned income of the ‘‘(g) SPECIAL RULES FOR 2021.—In the case of
shall not include any administrative costs with taxpayer for the taxpayer’s first taxable year any taxable year beginning after December 31,
respect to such credit. beginning in 2021 is less than the earned income 2020, and before January 1, 2022—
‘‘(b) POSSESSIONS WITH MIRROR CODE TAX of the taxpayer for the taxpayer’s first taxable ‘‘(1) CREDIT MADE REFUNDABLE.—If the tax-
SYSTEMS.— year beginning in 2019, the credit allowed under payer (in the case of a joint return, either
‘‘(1) IN GENERAL.—With respect to calendar section 32 of the Internal Revenue Code of 1986 spouse) has a principal place of abode in the
year 2021 and each calendar year thereafter, the may, at the election of the taxpayer, be deter- United States (determined as provided in section
Secretary shall, except as otherwise provided in mined by substituting— 32) for more than one-half of the taxable year,
this subsection, make payments to the Virgin Is- (1) such earned income for the taxpayer’s first the credit allowed under subsection (a) shall be
lands, Guam, and the Commonwealth of the taxable year beginning in 2019, for treated as a credit allowed under subpart C
Northern Mariana Islands equal to— (2) such earned income for the taxpayer’s first (and not allowed under this subpart).
‘‘(A) the cost to such possession of the earned taxable year beginning in 2021. ‘‘(2) INCREASE IN DOLLAR LIMIT ON AMOUNT
income tax credit for taxable years beginning in (b) EARNED INCOME.— CREDITABLE.—Subsection (c) shall be applied—
or with such calendar year, plus (1) IN GENERAL.—For purposes of this section, ‘‘(A) by substituting ‘$8,000’ for ‘$3,000’ in
‘‘(B) in the case of calendar years 2021 the term ‘‘earned income’’ has the meaning paragraph (1) thereof, and
through 2025, the lesser of— given such term under section 32(c) of the Inter- ‘‘(B) by substituting ‘$16,000’ for ‘$6,000’ in
‘‘(i) the expenditures made by such possession nal Revenue Code of 1986. paragraph (2) thereof.
during such calendar year for education efforts (2) APPLICATION TO JOINT RETURNS.—For pur- ‘‘(3) INCREASE IN APPLICABLE PERCENTAGE.—
with respect to individual taxpayers and tax re- poses of subsection (a), in the case of a joint re- Subsection (a)(2) shall be applied—
turn preparers relating to such earned income turn, the earned income of the taxpayer for the ‘‘(A) by substituting ‘50 percent’ for ‘35 per-
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tax credit, or first taxable year beginning in 2019 shall be the cent ’, and
‘‘(ii) $50,000. sum of the earned income of each spouse for ‘‘(B) by substituting ‘$125,000’ for ‘$15,000’.
‘‘(2) APPLICATION OF CERTAIN RULES.—Rules such taxable year. ‘‘(4) APPLICATION OF PHASEOUT TO HIGH IN-
similar to the rules of subparagraphs (A), (B), (c) SPECIAL RULES.— COME INDIVIDUALS.—
and (C) of subsection (a)(4) shall apply for pur- (1) ERRORS TREATED AS MATHEMATICAL ER- ‘‘(A) IN GENERAL.—Subsection (a)(2) shall be
poses of this subsection. RORS.—For purposes of section 6213 of the Inter- applied by substituting ‘the phaseout percent-
‘‘(c) AMERICAN SAMOA.— nal Revenue Code of 1986, an incorrect use on a age’ for ‘20 percent’.
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1237
‘‘(B) PHASEOUT PERCENTAGE.—The term (c) RETROACTIVE PLAN AMENDMENTS.—A plan the Emergency Paid Sick Leave Act as if such
‘phaseout percentage’ means 20 percent reduced that otherwise satisfies all applicable require- Act applied after March 31, 2021.
(but not below zero) by 1 percentage point for ments of sections 125 and 129 of the Internal ‘‘(2) RULES OF APPLICATION.—For purposes of
each $2,000 (or fraction thereof) by which the Revenue Code of 1986 (including any rules or determining whether wages are qualified sick
taxpayer’s adjusted gross income for the taxable regulations thereunder) shall not fail to be leave wages under paragraph (1)—
year exceeds $400,000.’’. treated as a cafeteria plan or dependent care as- ‘‘(A) IN GENERAL.—The Emergency Paid Sick
(b) APPLICATION OF CREDIT IN POSSESSIONS.— sistance program merely because such plan is Leave Act shall be applied—
Section 21 of such Code, as amended by sub- amended pursuant to a provision under this sec- ‘‘(i) by inserting ‘, the employee is seeking or
section (a), is amended by adding at the end the tion and such amendment is retroactive, if— awaiting the results of a diagnostic test for, or
following new subsection: (1) such amendment is adopted no later than a medical diagnosis of, COVID–19 and such em-
‘‘(h) APPLICATION OF CREDIT IN POSSES- the last day of the plan year in which the ployee has been exposed to COVID–19 or the em-
SIONS.— amendment is effective, and ployee’s employer has requested such test or di-
‘‘(1) PAYMENT TO POSSESSIONS WITH MIRROR (2) the plan is operated consistent with the agnosis, or the employee is obtaining immuniza-
CODE TAX SYSTEMS.—The Secretary shall pay to terms of such amendment during the period be- tion related to COVID–19 or recovering from any
each possession of the United States with a mir- ginning on the effective date of the amendment injury, disability, illness, or condition related to
ror code tax system amounts equal to the loss (if and ending on the date the amendment is adopt- such immunization’ after ‘medical diagnosis’ in
any) to that possession by reason of the applica- ed. section 5102(a)(3) thereof, and
tion of this section (determined without regard ‘‘(ii) by applying section 5102(b)(1) of such Act
to this subsection) with respect to taxable years PART 5—CREDITS FOR PAID SICK AND separately with respect to each calendar year
beginning in or with 2021. Such amounts shall FAMILY LEAVE after 2020 (and, in the case of calendar year
be determined by the Secretary based on infor- SEC. 9641. PAYROLL CREDITS. 2021, without regard to the first quarter there-
mation provided by the government of the re- (a) IN GENERAL.—Chapter 21 of the Internal of).
spective possession. Revenue Code of 1986 is amended by adding at ‘‘(B) LEAVE MUST MEET REQUIREMENTS.—If an
‘‘(2) PAYMENTS TO OTHER POSSESSIONS.—The the end the following new subchapter: employer fails to comply with any requirement
Secretary shall pay to each possession of the ‘‘Subchapter D—Credits of such Act (determined without regard to sec-
United States which does not have a mirror code tion 5109 thereof) with respect to paid sick time
‘‘Sec. 3131. Credit for paid sick leave. (as defined in section 5110 of such Act), amounts
tax system amounts estimated by the Secretary
‘‘Sec. 3132. Payroll credit for paid family leave. paid by such employer with respect to such paid
as being equal to the aggregate benefits that
‘‘Sec. 3133. Special rule related to tax on em-
would have been provided to residents of such sick time shall not be taken into account as
ployers.
possession by reason of this section with respect qualified sick leave wages. For purposes of the
‘‘SEC. 3131. CREDIT FOR PAID SICK LEAVE. preceding sentence, an employer which takes an
to taxable years beginning in or with 2021 if a
mirror code tax system had been in effect in ‘‘(a) IN GENERAL.—In the case of an employer, action described in section 5104 of such Act shall
such possession. The preceding sentence shall there shall be allowed as a credit against appli- be treated as failing to meet a requirement of
not apply unless the respective possession has a cable employment taxes for each calendar quar- such Act.
plan, which has been approved by the Sec- ter an amount equal to 100 percent of the quali- ‘‘(d) ALLOWANCE OF CREDIT FOR CERTAIN
retary, under which such possession will fied sick leave wages paid by such employer HEALTH PLAN EXPENSES.—
promptly distribute such payments to its resi- with respect to such calendar quarter. ‘‘(1) IN GENERAL.—The amount of the credit
dents. ‘‘(b) LIMITATIONS AND REFUNDABILITY.— allowed under subsection (a) shall be increased
‘‘(3) COORDINATION WITH CREDIT ALLOWED ‘‘(1) WAGES TAKEN INTO ACCOUNT.—The by so much of the employer’s qualified health
AGAINST UNITED STATES INCOME TAXES.—In the amount of qualified sick leave wages taken into plan expenses as are properly allocable to the
case of any taxable year beginning in or with account under subsection (a), plus any in- qualified sick leave wages for which such credit
2021, no credit shall be allowed under this sec- creases under subsection (e), with respect to any is so allowed.
tion to any individual— individual shall not exceed $200 ($511 in the case ‘‘(2) QUALIFIED HEALTH PLAN EXPENSES.—For
‘‘(A) to whom a credit is allowable against of any day any portion of which is paid sick purposes of this subsection, the term ‘qualified
taxes imposed by a possession with a mirror code time described in paragraph (1), (2), or (3) of health plan expenses’ means amounts paid or
tax system by reason of this section, or section 5102(a) of the Emergency Paid Sick incurred by the employer to provide and main-
‘‘(B) who is eligible for a payment under a Leave Act, applied with the modification de- tain a group health plan (as defined in section
plan described in paragraph (2). scribed in subsection (c)(2)(A)(i)) for any day 5000(b)(1)), but only to the extent that such
‘‘(4) MIRROR CODE TAX SYSTEM.—For purposes (or portion thereof) for which the individual is amounts are excluded from the gross income of
of this subsection, the term ‘mirror code tax sys- paid qualified sick leave wages. employees by reason of section 106(a).
tem’ means, with respect to any possession of ‘‘(2) OVERALL LIMITATION ON NUMBER OF DAYS ‘‘(3) ALLOCATION RULES.—For purposes of this
the United States, the income tax system of such TAKEN INTO ACCOUNT.—The aggregate number of section, qualified health plan expenses shall be
possession if the income tax liability of the resi- days taken into account under paragraph (1) allocated to qualified sick leave wages in such
dents of such possession under such system is for any calendar quarter shall not exceed the manner as the Secretary may prescribe. Except
determined by reference to the income tax laws excess (if any) of— as otherwise provided by the Secretary, such al-
of the United States as if such possession were ‘‘(A) 10, over location shall be treated as properly made if
the United States. ‘‘(B) the aggregate number of days so taken made on the basis of being pro rata among cov-
‘‘(5) TREATMENT OF PAYMENTS.—For purposes into account during preceding calendar quarters ered employees and pro rata on the basis of peri-
of section 1324 of title 31, United States Code, in such calendar year (other than the first quar- ods of coverage (relative to the time periods of
the payments under this subsection shall be ter of calendar year 2021). leave to which such wages relate).
treated in the same manner as a refund due ‘‘(3) CREDIT LIMITED TO CERTAIN EMPLOYMENT ‘‘(e) ALLOWANCE OF CREDIT FOR AMOUNTS
from a credit provision referred to in subsection TAXES.—The credit allowed by subsection (a) PAID UNDER CERTAIN COLLECTIVELY BARGAINED
(b)(2) of such section.’’. with respect to any calendar quarter shall not AGREEMENTS.—
(c) CONFORMING AMENDMENTS.— exceed the applicable employment taxes for such ‘‘(1) IN GENERAL.—The amount of the credit
(1) Section 6211(b)(4)(A) of such Code, as calendar quarter on the wages paid with respect allowed under subsection (a) shall be increased
amended by the preceding provisions of this Act, to the employment of all employees of the em- by the sum of—
is amended by inserting ‘‘21 by reason of sub- ‘‘(A) so much of the employer’s collectively
ployer.
section (g) thereof,’’ before ‘‘24’’. bargained defined benefit pension plan con-
‘‘(4) REFUNDABILITY OF EXCESS CREDIT.—
(2) Section 1324(b)(2) of title 31, United States tributions as are properly allocable to the quali-
‘‘(A) CREDIT IS REFUNDABLE.—If the amount
Code (as amended by the preceding provisions of fied sick leave wages for which such credit is so
of the credit under subsection (a) exceeds the
this title), is amended by inserting ‘‘21,’’ before allowed, plus
limitation of paragraph (3) for any calendar ‘‘(B) so much of the employer’s collectively
‘‘24’’.
(d) EFFECTIVE DATE.—The amendments made quarter, such excess shall be treated as an over- bargained apprenticeship program contributions
by this section shall apply to taxable years be- payment that shall be refunded under sections as are properly allocable to the qualified sick
ginning after December 31, 2020. 6402(a) and 6413(b). leave wages for which such credit is so allowed.
SEC. 9632. INCREASE IN EXCLUSION FOR EM-
‘‘(B) ADVANCING CREDIT.—In anticipation of ‘‘(2) COLLECTIVELY BARGAINED DEFINED BEN-
PLOYER-PROVIDED DEPENDENT the credit, including the refundable portion EFIT PENSION PLAN CONTRIBUTIONS.—For pur-
CARE ASSISTANCE. under subparagraph (A), the credit shall be ad- poses of this subsection—
(a) IN GENERAL.—Section 129(a)(2) of the In- vanced, according to forms and instructions pro- ‘‘(A) IN GENERAL.—The term ‘collectively bar-
ternal Revenue Code of 1986 is amended by add- vided by the Secretary, up to an amount cal- gained defined benefit pension plan contribu-
ing at the end the following new subparagraph: culated under subsection (a), subject to the lim- tions’ means, with respect to any calendar quar-
‘‘(D) SPECIAL RULE FOR 2021.—In the case of its under paragraph (1) and (2), all calculated ter, contributions which—
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any taxable year beginning after December 31, through the end of the most recent payroll pe- ‘‘(i) are paid or incurred by an employer dur-
2020, and before January 1, 2022, subparagraph riod in the quarter. ing the calendar quarter on behalf of its employ-
(A) shall be applied be substituting ‘$10,500 (half ‘‘(c) QUALIFIED SICK LEAVE WAGES.—For pur- ees to a defined benefit plan (as defined in sec-
such dollar amount’ for ‘$5,000 ($2,500’.’’. poses of this section— tion 414(j)), which meets the requirements of sec-
(b) EFFECTIVE DATE.—The amendment made ‘‘(1) IN GENERAL.—The term ‘qualified sick tion 401(a),
by this section shall apply to taxable years be- leave wages’ means wages paid by an employer ‘‘(ii) are made based on a pension contribu-
ginning after December 31, 2020. which would be required to be paid by reason of tion rate, and
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H1238 CONGRESSIONAL RECORD — HOUSE March 10, 2021
‘‘(iii) are required to be made pursuant to the ‘‘(3) DENIAL OF DOUBLE BENEFIT.—For pur- ‘‘(3) regulations or other guidance providing
terms of a collective bargaining agreement in ef- poses of chapter 1, the gross income of the em- for waiver of penalties for failure to deposit
fect with respect to such calendar quarter. ployer, for the taxable year which includes the amounts in anticipation of the allowance of the
‘‘(B) PENSION CONTRIBUTION RATE.—The term last day of any calendar quarter with respect to credit allowed under this section,
‘pension contribution rate’ means the contribu- which a credit is allowed under this section, ‘‘(4) regulations or other guidance for recap-
tion rate that the employer is obligated to pay shall be increased by the amount of such credit. turing the benefit of credits determined under
on behalf of its employees under the terms of a Any wages taken into account in determining this section in cases where there is a subsequent
collective bargaining agreement for benefits the credit allowed under this section shall not be adjustment to the credit determined under sub-
under a defined benefit plan under such agree- taken into account for purposes of determining section (a),
ment, as such rate is applied to contribution the credit allowed under sections 45A, 45P, 45S, ‘‘(5) regulations or other guidance to ensure
base units (as defined by section 4001(a)(11) of 51, 3132, and 3134. In the case of any credit al- that the wages taken into account under this
the Employee Retirement Income Security Act of lowed under section 2301 of the CARES Act or section conform with the paid sick time required
1974 (29 U.S.C. 1301(a)(11)). section 41 with respect to wages taken into ac- to be provided under the Emergency Paid Sick
‘‘(C) ALLOCATION RULES.—The amount of col- count under this section, the credit allowed Leave Act,
lectively bargained defined benefit pension plan under this section shall be reduced by the por- ‘‘(6) regulations or other guidance to permit
contributions allocated to qualified sick leave tion of the credit allowed under such section the advancement of the credit determined under
wages for any calendar quarter shall be the 2301 or section 41 which is attributable to such subsection (a), and
product of— wages. ‘‘(7) regulations or other guidance with re-
‘‘(i) the pension contribution rate (expressed ‘‘(4) ELECTION TO NOT TAKE CERTAIN WAGES spect to the allocation, reporting, and substan-
as an hourly rate), and INTO ACCOUNT.—This section shall not apply to tiation of collectively bargained defined benefit
‘‘(ii) the number of hours for which qualified so much of the qualified sick leave wages paid pension plan contributions and collectively bar-
sick leave wages were provided to employees by an eligible employer as such employer elects gained apprenticeship program contributions.
covered under the collective bargaining agree- (at such time and in such manner as the Sec- ‘‘(h) APPLICATION OF SECTION.—This section
ment described in subparagraph (A)(iii) during retary may prescribe) to not take into account shall apply only to wages paid with respect to
the calendar quarter. for purposes of this section. the period beginning on April 1, 2021, and end-
‘‘(3) COLLECTIVELY BARGAINED APPRENTICE- ‘‘(5) CERTAIN GOVERNMENTAL EMPLOYERS.—No ing on September 30, 2021.
SHIP PROGRAM CONTRIBUTIONS.—For purposes of credit shall be allowed under this section to the ‘‘(i) TREATMENT OF DEPOSITS.—The Secretary
this section— Government of the United States or to any agen- shall waive any penalty under section 6656 for
‘‘(A) IN GENERAL.—The term ‘collectively bar- cy or instrumentality thereof. The preceding any failure to make a deposit of applicable em-
gained apprenticeship program contributions’ sentence shall not apply to any organization de- ployment taxes if the Secretary determines that
means, with respect to any calendar quarter, scribed in section 501(c)(1) and exempt from tax such failure was due to the anticipation of the
contributions which— under section 501(a). credit allowed under this section.
‘‘(i) are paid or incurred by an employer on ‘‘(6) EXTENSION OF LIMITATION ON ASSESS- ‘‘(j) NON-DISCRIMINATION REQUIREMENT.—No
behalf of its employees with respect to the cal- MENT.—Notwithstanding section 6501, the limi- credit shall be allowed under this section to any
endar quarter to a registered apprenticeship tation on the time period for the assessment of employer for any calendar quarter if such em-
program, any amount attributable to a credit claimed ployer, with respect to the availability of the
‘‘(ii) are made based on an apprenticeship under this section shall not expire before the provision of qualified sick leave wages to which
program contribution rate, and date that is 5 years after the later of— this section otherwise applies for such calendar
‘‘(iii) are required to be made pursuant to the ‘‘(A) the date on which the original return quarter, discriminates in favor of highly com-
terms of a collective bargaining agreement that which includes the calendar quarter with re- pensated employees (within the meaning of sec-
is in effect with respect to such calendar quar- spect to which such credit is determined is filed, tion 414(q)), full-time employees, or employees
ter. or on the basis of employment tenure with such
‘‘(B) REGISTERED APPRENTICESHIP PROGRAM.— ‘‘(B) the date on which such return is treated employer.
The term ‘registered apprenticeship program’ as filed under section 6501(b)(2). ‘‘SEC. 3132. PAYROLL CREDIT FOR PAID FAMILY
means an apprenticeship registered under the ‘‘(7) COORDINATION WITH CERTAIN PRO- LEAVE.
Act of August 16, 1937 (commonly known as the GRAMS.— ‘‘(a) IN GENERAL.—In the case of an employer,
‘National Apprenticeship Act’; 50 Stat. 664, ‘‘(A) IN GENERAL.—This section shall not there shall be allowed as a credit against appli-
chapter 663; 29 U.S.C. 50 et seq.) that meets the apply to so much of the qualified sick leave cable employment taxes for each calendar quar-
standards of subpart A of part 29 and part 30 of wages paid by an eligible employer as are taken ter an amount equal to 100 percent of the quali-
title 29, Code of Federal Regulations. into account as payroll costs in connection fied family leave wages paid by such employer
‘‘(C) APPRENTICESHIP PROGRAM CONTRIBUTION with— with respect to such calendar quarter.
RATE.—The term ‘apprenticeship program con- ‘‘(i) a covered loan under section 7(a)(37) or ‘‘(b) LIMITATIONS AND REFUNDABILITY.—
tribution rate’ means the contribution rate that 7A of the Small Business Act, ‘‘(1) WAGES TAKEN INTO ACCOUNT.—The
the employer is obligated to pay on behalf of its ‘‘(ii) a grant under section 324 of the Eco- amount of qualified family leave wages taken
employees under the terms of a collective bar- nomic Aid to Hard-Hit Small Businesses, Non- into account under subsection (a), plus any in-
gaining agreement for benefits under a reg- Profits, and Venues Act, or creases under subsection (e), with respect to any
istered apprenticeship program under such ‘‘(iii) a restaurant revitalization grant under individual shall not exceed—
agreement, as such rate is applied to contribu- section 5003 of the American Rescue Plan Act of ‘‘(A) for any day (or portion thereof) for
tion base units (as defined by section 4001(a)(11) 2021. which the individual is paid qualified family
of the Employee Retirement Income Security Act ‘‘(B) APPLICATION WHERE PPP LOANS NOT FOR- leave wages, $200, and
of 1974 (29 U.S.C. 1301(a)(11)). GIVEN.—The Secretary shall issue guidance pro- ‘‘(B) in the aggregate with respect to all cal-
‘‘(D) ALLOCATION RULES.—The amount of col- viding that payroll costs paid during the cov- endar quarters, $12,000.
lectively bargained apprenticeship program con- ered period shall not fail to be treated as quali- ‘‘(2) CREDIT LIMITED TO CERTAIN EMPLOYMENT
tributions allocated to qualified sick leave wages fied sick leave wages under this section by rea- TAXES.—The credit allowed by subsection (a)
for any calendar quarter shall be the product son of subparagraph (A)(i) to the extent that— with respect to any calendar quarter shall not
of— ‘‘(i) a covered loan of the taxpayer under sec- exceed the applicable employment taxes for such
‘‘(i) the apprenticeship program contribution tion 7(a)(37) of the Small Business Act is not calendar quarter (reduced by any credits al-
rate (expressed as an hourly rate), and forgiven by reason of a decision under section lowed under section 3131) on the wages paid
‘‘(ii) the number of hours for which qualified 7(a)(37)(J) of such Act, or with respect to the employment of all employees
sick leave wages were provided to employees ‘‘(ii) a covered loan of the taxpayer under sec- of the employer.
covered under the collective bargaining agree- tion 7A of the Small Business Act is not forgiven ‘‘(3) REFUNDABILITY OF EXCESS CREDIT.—
ment described in subparagraph (A)(iii) during by reason of a decision under section 7A(g) of ‘‘(A) CREDIT IS REFUNDABLE.—If the amount
the calendar quarter. such Act. of the credit under subsection (a) exceeds the
‘‘(f) DEFINITIONS AND SPECIAL RULES.— Terms used in the preceding sentence which are limitation of paragraph (2) for any calendar
‘‘(1) APPLICABLE EMPLOYMENT TAXES.—For also used in section 7A(g) or 7(a)(37)(J) of the quarter, such excess shall be treated as an over-
purposes of this section, the term ‘applicable em- Small Business Act shall, when applied in con- payment that shall be refunded under sections
ployment taxes’ means the following: nection with either such section, have the same 6402(a) and 6413(b).
‘‘(A) The taxes imposed under section 3111(b). meaning as when used in such section, respec- ‘‘(B) ADVANCING CREDIT.—In anticipation of
‘‘(B) So much of the taxes imposed under sec- tively. the credit, including the refundable portion
tion 3221(a) as are attributable to the rate in ef- ‘‘(g) REGULATIONS.—The Secretary shall pre- under subparagraph (A), the credit shall be ad-
fect under section 3111(b). scribe such regulations or other guidance as vanced, according to forms and instructions pro-
‘‘(2) WAGES.—For purposes of this section, the may be necessary to carry out the purposes of vided by the Secretary, up to an amount cal-
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term ‘wages’ means wages (as defined in section this section, including— culated under subsection (a), subject to the lim-
3121(a), determined without regard to para- ‘‘(1) regulations or other guidance to prevent its under paragraph (1) and (2), all calculated
graphs (1) through (22) of section 3121(b)) and the avoidance of the purposes of the limitations through the end of the most recent payroll pe-
compensation (as defined in section 3231(e), de- under this section, riod in the quarter.
termined without regard to the sentence in ‘‘(2) regulations or other guidance to minimize ‘‘(c) QUALIFIED FAMILY LEAVE WAGES.—
paragraph (1) thereof which begins ‘Such term compliance and record-keeping burdens under ‘‘(1) IN GENERAL.—For purposes of this sec-
does not include remuneration’). this section, tion, the term ‘qualified family leave wages’
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1239
means wages paid by an employer which would fied family leave wages for which such credit is Government of the United States or to any agen-
be required to be paid by reason of the Emer- so allowed, plus cy or instrumentality thereof. The preceding
gency Family and Medical Leave Expansion Act ‘‘(B) so much of the employer’s collectively sentence shall not apply to any organization de-
(including the amendments made by such Act) bargained apprenticeship program contributions scribed in section 501(c)(1) and exempt from tax
as if such Act (and amendments made by such as are properly allocable to the qualified family under section 501(a).
Act) applied after March 31, 2021. leave wages for which such credit is so allowed. ‘‘(6) EXTENSION OF LIMITATION ON ASSESS-
‘‘(2) RULES OF APPLICATION.— ‘‘(2) COLLECTIVELY BARGAINED DEFINED BEN- MENT.—Notwithstanding section 6501, the limi-
‘‘(A) IN GENERAL.—For purposes of deter- EFIT PENSION PLAN CONTRIBUTIONS.—For pur- tation on the time period for the assessment of
mining whether wages are qualified family leave poses of this subsection— any amount attributable to a credit claimed
wages under paragraph (1)— ‘‘(A) IN GENERAL.—The term ‘collectively bar- under this section shall not expire before the
‘‘(i) section 110(a)(2)(A) of the Family and gained defined benefit pension plan contribu- date that is 5 years after the later of—
Medical Leave Act of 1993 shall be applied by tions’ has the meaning given such term under ‘‘(A) the date on which the original return
inserting ‘or any reason for leave described in section 3131(e)(2). which includes the calendar quarter with re-
section 5102(a) of the Families First Coronavirus ‘‘(B) ALLOCATION RULES.—The amount of col- spect to which such credit is determined is filed,
Response Act, or the employee is seeking or lectively bargained defined benefit pension plan or
awaiting the results of a diagnostic test for, or contributions allocated to qualified family leave ‘‘(B) the date on which such return is treated
a medical diagnosis of, COVID–19 and such em- wages for any calendar quarter shall be the as filed under section 6501(b)(2).
ployee has been exposed to COVID–19 or the em- product of— ‘‘(7) COORDINATION WITH CERTAIN PRO-
ployee’s employer has requested such test or di- ‘‘(i) the pension contribution rate (as defined GRAMS.—
agnosis, or the employee is obtaining immuniza- in section 3131(e)(2)), expressed as an hourly ‘‘(A) IN GENERAL.—This section shall not
tion related to COVID–19 or recovering from any rate, and apply to so much of the qualified family leave
‘‘(ii) the number of hours for which qualified wages paid by an eligible employer as are taken
injury, disability, illness, or condition related to
family leave wages were provided to employees into account as payroll costs in connection
such immunization’ after ‘public health emer-
covered under the collective bargaining agree- with—
gency’, and
‘‘(ii) section 110(b) of such Act shall be ap- ment described in section 3131(e)(2)(A)(iii) dur- ‘‘(i) a covered loan under section 7(a)(37) or
plied— ing the calendar quarter. 7A of the Small Business Act,
‘‘(3) COLLECTIVELY BARGAINED APPRENTICE- ‘‘(ii) a grant under section 324 of the Eco-
‘‘(I) without regard to paragraph (1) thereof,
SHIP PROGRAM CONTRIBUTIONS.—For purposes of
‘‘(II) by striking ‘after taking leave after such nomic Aid to Hard-Hit Small Businesses, Non-
section for 10 days’ in paragraph (2)(A) thereof, this section—
Profits, and Venues Act, or
‘‘(A) IN GENERAL.—The term ‘collectively bar-
and ‘‘(iii) a restaurant revitalization grant under
gained apprenticeship program contributions’
‘‘(III) by substituting ‘$12,000’ for ‘$10,000’ in section 5003 of the American Rescue Plan Act of
has the meaning given such term under section
paragraph (2)(B)(ii) thereof. 2021.
‘‘(B) LEAVE MUST MEET REQUIREMENTS.—For 3131(e)(3).
‘‘(B) APPLICATION WHERE PPP LOANS NOT FOR-
‘‘(B) ALLOCATION RULES.—For purposes of
purposes of determining whether wages would GIVEN.—The Secretary shall issue guidance pro-
this section, the amount of collectively bar-
be required to be paid under paragraph (1), if viding that payroll costs paid during the cov-
gained apprenticeship program contributions al-
an employer fails to comply with any require- ered period shall not fail to be treated as quali-
located to qualified family leave wages for any
ment of the Family and Medical Leave Act of fied family leave wages under this section by
calendar quarter shall be the product of—
1993 or the Emergency Family and Medical ‘‘(i) the apprenticeship contribution rate (as reason of subparagraph (A)(i) to the extent
Leave Expansion Act (determined without re- that—
defined in section 3131(e)(3)), expressed as an
gard to any time limitation under section ‘‘(i) a covered loan of the taxpayer under sec-
hourly rate, and
102(a)(1)(F) of the Family and Medical Leave ‘‘(ii) the number of hours for which qualified tion 7(a)(37) of the Small Business Act is not
Act of 1994) with respect to any leave provided family leave wages were provided to employees forgiven by reason of a decision under section
for a qualifying need related to a public health covered under the collective bargaining agree- 7(a)(37)(J) of such Act, or
emergency (as defined in section 110 of such Act, ment described in section 3131(e)(3)(A)(iii) dur- ‘‘(ii) a covered loan of the taxpayer under sec-
applied as described in subparagraph (A)(i)), ing the calendar quarter. tion 7A of the Small Business Act is not forgiven
amounts paid by such employer with respect to ‘‘(f) DEFINITIONS AND SPECIAL RULES.— by reason of a decision under section 7A(g) of
such leave shall not be taken into account as ‘‘(1) APPLICABLE EMPLOYMENT TAXES.—For such Act.
qualified family leave wages. For purposes of purposes of this section, the term ‘applicable em- Terms used in the preceding sentence which are
the preceding sentence, an employer which ployment taxes’ means the following: also used in section 7A(g) or 7(a)(37)(J) of the
takes an action described in section 105 of the ‘‘(A) The taxes imposed under section 3111(b). Small Business Act shall, when applied in con-
Family and Medical Leave Act of 1993 shall be ‘‘(B) So much of the taxes imposed under sec- nection with either such section, have the same
treated as failing to meet a requirement of such tion 3221(a) as are attributable to the rate in ef- meaning as when used in such section, respec-
Act. fect under section 3111(b). tively.
‘‘(d) ALLOWANCE OF CREDIT FOR CERTAIN ‘‘(2) WAGES.—For purposes of this section, the ‘‘(g) REGULATIONS.—The Secretary shall pre-
HEALTH PLAN EXPENSES.— term ‘wages’ means wages (as defined in section scribe such regulations or other guidance as
‘‘(1) IN GENERAL.—The amount of the credit 3121(a), determined without regard to para- may be necessary to carry out the purposes of
allowed under subsection (a) shall be increased graphs (1) through (22) of section 3121(b)) and this section, including—
by so much of the employer’s qualified health compensation (as defined in section 3231(e), de- ‘‘(1) regulations or other guidance to prevent
plan expenses as are properly allocable to the termined without regard to the sentence in the avoidance of the purposes of the limitations
qualified family leave wages for which such paragraph (1) thereof which begins ‘Such term under this section,
credit is so allowed. does not include remuneration’). ‘‘(2) regulations or other guidance to minimize
‘‘(2) QUALIFIED HEALTH PLAN EXPENSES.—For ‘‘(3) DENIAL OF DOUBLE BENEFIT.—For pur- compliance and record-keeping burdens under
purposes of this subsection, the term ‘qualified poses of chapter 1, the gross income of the em- this section,
health plan expenses’ means amounts paid or ployer, for the taxable year which includes the ‘‘(3) regulations or other guidance providing
incurred by the employer to provide and main- last day of any calendar quarter with respect to for waiver of penalties for failure to deposit
tain a group health plan (as defined in section which a credit is allowed under this section, amounts in anticipation of the allowance of the
5000(b)(1)), but only to the extent that such shall be increased by the amount of such credit. credit allowed under this section,
amounts are excluded from the gross income of Any wages taken into account in determining ‘‘(4) regulations or other guidance for recap-
employees by reason of section 106(a). the credit allowed under this section shall not be turing the benefit of credits determined under
‘‘(3) ALLOCATION RULES.—For purposes of this taken into account for purposes of determining this section in cases where there is a subsequent
section, qualified health plan expenses shall be the credit allowed under sections 45A, 45P, 45S, adjustment to the credit determined under sub-
allocated to qualified family leave wages in such 51, 3131, and 3134. In the case of any credit al- section (a),
manner as the Secretary may prescribe. Except lowed under section 2301 of the CARES Act or ‘‘(5) regulations or other guidance to ensure
as otherwise provided by the Secretary, such al- section 41 with respect to wages taken into ac- that the wages taken into account under this
location shall be treated as properly made if count under this section, the credit allowed section conform with the paid leave required to
made on the basis of being pro rata among cov- under this section shall be reduced by the por- be provided under the Emergency Family and
ered employees and pro rata on the basis of peri- tion of the credit allowed under such section Medical Leave Expansion Act (including the
ods of coverage (relative to the time periods of 2301 or section 41 which is attributable to such amendments made by such Act),
leave to which such wages relate). wages. ‘‘(6) regulations or other guidance to permit
‘‘(e) ALLOWANCE OF CREDIT FOR AMOUNTS ‘‘(4) ELECTION TO NOT TAKE CERTAIN WAGES the advancement of the credit determined under
PAID UNDER CERTAIN COLLECTIVELY BARGAINED INTO ACCOUNT.—This section shall not apply to subsection (a), and
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AGREEMENTS.— so much of the qualified family leave wages paid ‘‘(7) regulations or other guidance with re-
‘‘(1) IN GENERAL.—The amount of the credit by an eligible employer as such employer elects spect to the allocation, reporting, and substan-
allowed under subsection (a) shall be increased (at such time and in such manner as the Sec- tiation of collectively bargained defined benefit
by so much of the sum of— retary may prescribe) to not take into account pension plan contributions and collectively bar-
‘‘(A) so much of the employer’s collectively for purposes of this section. gained apprenticeship program contributions.
bargained defined benefit pension plan con- ‘‘(5) CERTAIN GOVERNMENTAL EMPLOYERS.—No ‘‘(h) APPLICATION OF SECTION.—This section
tributions as are properly allocable to the quali- credit shall be allowed under this section to the shall apply only to wages paid with respect to
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H1240 CONGRESSIONAL RECORD — HOUSE March 10, 2021
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
‘‘(i) 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)
‘‘(j) 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
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.
leave wages, or qualified family leave wages, for (A) the net earnings from self-employment of (4) TREATMENT OF PAYMENTS.—For purposes
which credit is allowed under such section 3131 the individual for the taxable year, divided by of section 1324 of title 31, United States Code,
or 3132 (respectively). (B) 260. the payments under this subsection shall be
‘‘(b) DENIAL OF DOUBLE BENEFIT.—For denial (3) ELECTION TO USE PRIOR YEAR NET EARNINGS treated in the same manner as a refund due
of double benefit with respect to the credit in- FROM SELF-EMPLOYMENT INCOME.—In the case from a credit provision referred to in subsection
crease under subsection (a), see sections of an individual who elects (at such time and in (b)(2) of such section.
3131(f)(3) and 3132(f)(3).’’. such manner as the Secretary may provide) the (h) REGULATIONS.—The Secretary shall pre-
(b) REFUNDS.—Paragraph (2) of section application of this paragraph, paragraph (2)(A) scribe such regulations or other guidance as
1324(b) of title 31, United States Code, is amend- shall be applied by substituting ‘‘the prior tax- may be necessary to carry out the purposes of
ed by inserting ‘‘3131, 3132,’’ before ‘‘6428’’. able year’’ for ‘‘the taxable year’’. this section, including—
(c) CLERICAL AMENDMENT.—The table of sub- (4) ELECTION TO NOT TAKE DAYS INTO AC- (1) regulations or other guidance to effectuate
chapters for chapter 21 of the Internal Revenue COUNT.—Any day shall not be taken into ac- the purposes of this section, and
Code of 1986 is amended by adding at the end count under paragraph (1)(A) if the eligible self- (2) regulations or other guidance to minimize
the following new item: employed individual elects (at such time and in compliance and record-keeping burdens under
such manner as the Secretary may prescribe) to this section.
‘‘SUBCHAPTER D—CREDITS’’.
not take such day into account for purposes of SEC. 9643. CREDIT FOR FAMILY LEAVE FOR CER-
(d) EFFECTIVE DATE.—The amendments made TAIN SELF-EMPLOYED INDIVIDUALS.
by this section shall apply to amounts paid with such paragraph.
(d) CREDIT REFUNDABLE.— (a) IN GENERAL.—In the case of an eligible
respect to calendar quarters beginning after self-employed individual, there shall be allowed
(1) IN GENERAL.—The credit determined under
March 31, 2021. as a credit against the tax imposed by chapter
this section shall be treated as a credit allowed
SEC. 9642. CREDIT FOR SICK LEAVE FOR CERTAIN 1 of the Internal Revenue Code of 1986 for any
SELF-EMPLOYED INDIVIDUALS. to the taxpayer under subpart C of part IV of
subchapter A of chapter 1 of such Code. taxable year an amount equal to 100 percent of
(a) IN GENERAL.—In the case of an eligible the qualified family leave equivalent amount
(2) TREATMENT OF PAYMENTS.—For purposes
self-employed individual, there shall be allowed with respect to the individual.
of section 1324 of title 31, United States Code,
as a credit against the tax imposed by chapter (b) ELIGIBLE SELF-EMPLOYED INDIVIDUAL.—
any refund due from the credit determined
1 of the Internal Revenue Code of 1986 for any For purposes of this section—
under this section shall be treated in the same
taxable year an amount equal to the qualified (1) IN GENERAL.—The term ‘‘eligible self-em-
manner as a refund due from a credit provision
sick leave equivalent amount with respect to the ployed individual’’ means an individual who—
referred to in subsection (b)(2) of such section.
individual. (A) regularly carries on any trade or business
(e) SPECIAL RULES.—
(b) ELIGIBLE SELF-EMPLOYED INDIVIDUAL.— within the meaning of section 1402 of the Inter-
(1) DOCUMENTATION.—No credit shall be al-
For purposes of this section— nal Revenue Code of 1986, and
(1) IN GENERAL.—The term ‘‘eligible self-em- lowed under this section unless the individual
(B) would be entitled to receive paid leave
ployed individual’’ means an individual who— maintains such documentation as the Secretary
during the taxable year pursuant to the Emer-
(A) regularly carries on any trade or business may prescribe to establish such individual as an
gency Family and Medical Leave Expansion Act
within the meaning of section 1402 of the Inter- eligible self-employed individual.
if—
nal Revenue Code of 1986, and (2) DENIAL OF DOUBLE BENEFIT.—In the case (i) the individual were an employee of an em-
(B) would be entitled to receive paid leave of an individual who receives wages (as defined ployer (other than himself or herself),
during the taxable year pursuant to the Emer- in section 3121(a) of the Internal Revenue Code (ii) section 102(a)(1)(F) of the Family and
gency Paid Sick Leave Act if— of 1986) or compensation (as defined in section Medical Leave Act of 1993 applied after March
(i) the individual were an employee of an em- 3231(e) of such Code) paid by an employer which 31, 2021.
ployer (other than himself or herself), and are required to be paid by reason of the Emer- (2) RULES OF APPLICATION.—For purposes of
(ii) such Act applied after March 31, 2021. gency Paid Sick Leave Act, the qualified sick paragraph (1)(B), in determining whether an in-
(2) RULES OF APPLICATION.—For purposes of leave equivalent amount otherwise determined dividual would be entitled to receive paid leave
paragraph (1)(B), in determining whether an in- under subsection (c) of this section shall be re- under the Emergency Family and Medical Leave
dividual would be entitled to receive paid leave duced (but not below zero) to the extent that the Act—
under the Emergency Paid Sick Leave Act, such sum of the amount described in such subsection (A) section 110(a)(2)(A) of the Family and
Act shall be applied— and in section 3131(b)(1) of such Code exceeds Medical Leave Act of 1993 shall be applied by
(A) by inserting ‘‘, the employee is seeking or $2,000 ($5,110 in the case of any day any portion inserting ‘‘or any reason for leave described in
awaiting the results of a diagnostic test for, or of which is paid sick time described in para- section 5102(a) of the Families First Coronavirus
a medical diagnosis of, COVID–19 and such em- graph (1), (2), or (3) of section 5102(a) of the Response Act, or the employee is seeking or
ployee has been exposed to COVID–19 or is un- Emergency Paid Sick Leave Act). awaiting the results of a diagnostic test for, or
able to work pending the results of such test or (f) APPLICATION OF SECTION.—Only days oc- a medical diagnosis of, COVID–19 and such em-
diagnosis, or the employee is obtaining immuni- curring during the period beginning on April 1, ployee has been exposed to COVID–19 or is un-
zation related to COVID–19 or recovering from 2021, and ending on September 30, 2021, may be able to work pending the results of such test or
any injury, disability, illness, or condition re- taken into account under subsection (c)(1)(A). diagnosis, or the employee is obtaining immuni-
lated to such immunization’’ after ‘‘medical di- (g) APPLICATION OF CREDIT IN CERTAIN POS- zation related to COVID–19 or recovering from
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agnosis’’ in section 5102(a)(3) of such Act, and SESSIONS.— any injury, disability, illness, or condition re-
(B) by applying section 5102(b)(1) of such Act (1) PAYMENTS TO POSSESSIONS WITH MIRROR lated to such immunization’’ after ‘‘public
separately with respect to each taxable year. CODE TAX SYSTEMS.—The Secretary shall pay to health emergency’’, and
(c) QUALIFIED SICK LEAVE EQUIVALENT each possession of the United States which has (B) section 110(b) of such Act shall be ap-
AMOUNT.—For purposes of this section— a mirror code tax system amounts equal to the plied—
(1) IN GENERAL.—The term ‘‘qualified sick loss (if any) to that possession by reason of the (i) without regard to paragraph (1) thereof,
leave equivalent amount’’ means, with respect application of the provisions of this section. and
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1241
(ii) by striking ‘‘after taking leave after such each possession of the United States which has exceeds the limitation of paragraph (2) for any
section for 10 days’’ in paragraph (2)(A) thereof. a mirror code tax system amounts equal to the calendar quarter, such excess shall be treated as
(c) QUALIFIED FAMILY LEAVE EQUIVALENT loss (if any) to that possession by reason of the an overpayment that shall be refunded under
AMOUNT.—For purposes of this section— application of the provisions of this section. sections 6402(a) and 6413(b).
(1) IN GENERAL.—The term ‘‘qualified family Such amounts shall be determined by the Sec- ‘‘(c) DEFINITIONS.—For purposes of this sec-
leave equivalent amount’’ means, with respect retary based on information provided by the tion—
to any eligible self-employed individual, an government of the respective possession. ‘‘(1) APPLICABLE EMPLOYMENT TAXES.—The
amount equal to the product of— (2) PAYMENTS TO OTHER POSSESSIONS.—The term ‘applicable employment taxes’ means the
(A) the number of days (not to exceed 60) dur- Secretary shall pay to each possession of the following:
ing the taxable year that the individual is un- United States which does not have a mirror code ‘‘(A) The taxes imposed under section 3111(b).
able to perform services in any trade or business tax system amounts estimated by the Secretary ‘‘(B) So much of the taxes imposed under sec-
referred to in section 1402 of the Internal Rev- as being equal to the aggregate benefits (if any) tion 3221(a) as are attributable to the rate in ef-
enue Code of 1986 for a reason with respect to that would have been provided to residents of fect under section 3111(b).
which such individual would be entitled to re- such possession by reason of the provisions of ‘‘(2) ELIGIBLE EMPLOYER.—
ceive paid leave as described in subsection (b) of this section if a mirror code tax system had been ‘‘(A) IN GENERAL.—The term ‘eligible em-
this section, multiplied by in effect in such possession. The preceding sen- ployer’ means any employer—
(B) the lesser of— ‘‘(i) which was carrying on a trade or business
tence shall not apply unless the respective pos-
(i) 67 percent of the average daily self-employ- during the calendar quarter for which the credit
session has a plan, which has been approved by
ment income of the individual for the taxable is determined under subsection (a), and
the Secretary, under which such possession will ‘‘(ii) with respect to any calendar quarter, for
year, or promptly distribute such payments to its resi-
(ii) $200. which—
dents. ‘‘(I) the operation of the trade or business de-
(2) AVERAGE DAILY SELF-EMPLOYMENT IN- (3) MIRROR CODE TAX SYSTEM.—For purposes
COME.—For purposes of this subsection, the term
scribed in clause (i) is fully or partially sus-
of this section, the term ‘‘mirror code tax sys- pended during the calendar quarter due to or-
‘‘average daily self-employment income’’ means tem’’ means, with respect to any possession of
an amount equal to— ders from an appropriate governmental author-
the United States, the income tax system of such ity limiting commerce, travel, or group meetings
(A) the net earnings from self-employment in- possession if the income tax liability of the resi-
come of the individual for the taxable year, di- (for commercial, social, religious, or other pur-
dents of such possession under such system is poses) due to the coronavirus disease 2019
vided by determined by reference to the income tax laws
(B) 260. (COVID–19),
of the United States as if such possession were ‘‘(II) the gross receipts (within the meaning of
(3) ELECTION TO USE PRIOR YEAR NET EARNINGS the United States.
FROM SELF-EMPLOYMENT INCOME.—In the case
section 448(c)) of such employer for such cal-
(4) TREATMENT OF PAYMENTS.—For purposes endar quarter are less than 80 percent of the
of an individual who elects (at such time and in of section 1324 of title 31, United States Code,
such manner as the Secretary may provide) the gross receipts of such employer for the same cal-
the payments under this subsection shall be endar quarter in calendar year 2019, or
application of this paragraph, paragraph (2)(A) treated in the same manner as a refund due
shall be applied by substituting ‘‘the prior tax- ‘‘(III) the employer is a recovery startup busi-
from a credit provision referred to in subsection ness (as defined in paragraph (5)).
able year’’ for ‘‘the taxable year’’. (b)(2) of such section. With respect to any employer for any calendar
(4) COORDINATION WITH CREDIT FOR SICK (h) REGULATIONS.—The Secretary shall pre- quarter, if such employer was not in existence as
LEAVE.—Any day taken into account in deter- scribe such regulations or other guidance as of the beginning of the same calendar quarter in
mining the qualified sick leave equivalent may be necessary to carry out the purposes of calendar year 2019, clause (ii)(II) shall be ap-
amount with respect to any eligible-self em- this section, including— plied by substituting ‘2020’ for ‘2019’.
ployed individual under section 9642 shall not be (1) regulations or other guidance to prevent ‘‘(B) ELECTION TO USE ALTERNATIVE QUAR-
take into account in determining the qualified the avoidance of the purposes of this section, TER.—At the election of the employer—
family leave equivalent amount with respect to and ‘‘(i) subparagraph (A)(ii)(II) shall be ap-
such individual under this section. (2) regulations or other guidance to minimize plied—
(d) CREDIT REFUNDABLE.— compliance and record-keeping burdens under ‘‘(I) by substituting ‘for the immediately pre-
(1) IN GENERAL.—The credit determined under this section. ceding calendar quarter’ for ‘for such calendar
this section shall be treated as a credit allowed quarter’, and
to the taxpayer under subpart C of part IV of PART 6—EMPLOYEE RETENTION CREDIT
‘‘(II) by substituting ‘the corresponding cal-
subchapter A of chapter 1 of such Code. SEC. 9651. EXTENSION OF EMPLOYEE RETENTION
CREDIT. endar quarter in calendar year 2019’ for ‘the
(2) TREATMENT OF PAYMENTS.—For purposes same calendar quarter in calendar year 2019’,
of section 1324 of title 31, United States Code, (a) IN GENERAL.—Subchapter D of chapter 21
and
any refund due from the credit determined of subtitle C of the Internal Revenue Code of
‘‘(ii) the last sentence of subparagraph (A)
under this section shall be treated in the same 1986, as added by section 9641, is amended by
shall be applied by substituting ‘the cor-
manner as a refund due from a credit provision adding at the end the following:
responding calendar quarter in calendar year
referred to in subsection (b)(2) of such section. ‘‘SEC. 3134. EMPLOYEE RETENTION CREDIT FOR 2019’ for ‘the same calendar quarter in calendar
(e) SPECIAL RULES.— EMPLOYERS SUBJECT TO CLOSURE
DUE TO COVID–19.
year 2019’.
(1) DOCUMENTATION.—No credit shall be al- An election under this subparagraph shall be
lowed under this section unless the individual ‘‘(a) IN GENERAL.—In the case of an eligible made at such time and in such manner as the
maintains such documentation as the Secretary employer, there shall be allowed as a credit Secretary shall prescribe.
may prescribe to establish such individual as an against applicable employment taxes for each ‘‘(C) TAX-EXEMPT ORGANIZATIONS.—In the
eligible self-employed individual. calendar quarter an amount equal to 70 percent case of an organization which is described in
(2) DENIAL OF DOUBLE BENEFIT.—In the case of the qualified wages with respect to each em- section 501(c) and exempt from tax under section
of an individual who receives wages (as defined ployee of such employer for such calendar quar- 501(a)—
in section 3121(a) of the Internal Revenue Code ter. ‘‘(i) clauses (i) and (ii)(I) of subparagraph (A)
of 1986) or compensation (as defined in section ‘‘(b) LIMITATIONS AND REFUNDABILITY.— shall apply to all operations of such organiza-
3231(e) of such Code) paid by an employer which ‘‘(1) IN GENERAL.— tion, and
are required to be paid by reason of the Emer- ‘‘(A) WAGES TAKEN INTO ACCOUNT.—The ‘‘(ii) any reference in this section to gross re-
gency Family and Medical Leave Expansion amount of qualified wages with respect to any ceipts shall be treated as a reference to gross re-
Act, the qualified family leave equivalent employee which may be taken into account ceipts within the meaning of section 6033.
amount otherwise described in subsection (c) of under subsection (a) by the eligible employer for ‘‘(3) QUALIFIED WAGES.—
this section shall be reduced (but not below any calendar quarter shall not exceed $10,000. ‘‘(A) IN GENERAL.—The term ‘qualified wages’
zero) to the extent that the sum of the amount ‘‘(B) RECOVERY STARTUP BUSINESSES.—In the means—
described in such subsection and in section case of an eligible employer which is a recovery ‘‘(i) in the case of an eligible employer for
3132(b)(1) of such Code exceeds $12,000. startup business (as defined in subsection which the average number of full-time employ-
(3) REFERENCES TO EMERGENCY FAMILY AND (c)(5)), the amount of the credit allowed under ees (within the meaning of section 4980H) em-
MEDICAL LEAVE EXPANSION ACT.—Any reference subsection (a) (after application of subpara- ployed by such eligible employer during 2019
in this section to the Emergency Family and graph (A)) for any calendar quarter shall not was greater than 500, wages paid by such eligi-
Medical Leave Expansion Act shall be treated as exceed $50,000. ble employer with respect to which an employee
including a reference to the amendments made ‘‘(2) CREDIT LIMITED TO EMPLOYMENT is not providing services due to circumstances
by such Act. TAXES.—The credit allowed by subsection (a) described in subclause (I) or (II) of paragraph
(f) APPLICATION OF SECTION.—Only days oc- with respect to any calendar quarter shall not (2)(A)(ii), or
dlhill on DSK120RN23PROD with HOUSE
curring during the period beginning on April 1, exceed the applicable employment taxes (re- ‘‘(ii) in the case of an eligible employer for
2021 and ending on September 30, 2021, may be duced by any credits allowed under sections which the average number of full-time employ-
taken into account under subsection (c)(1)(A). 3131 and 3132) on the wages paid with respect to ees (within the meaning of section 4980H) em-
(g) APPLICATION OF CREDIT IN CERTAIN POS- the employment of all the employees of the eligi- ployed by such eligible employer during 2019
SESSIONS.— ble employer for such calendar quarter. was not greater than 500—
(1) PAYMENTS TO POSSESSIONS WITH MIRROR ‘‘(3) REFUNDABILITY OF EXCESS CREDIT.—If ‘‘(I) with respect to an eligible employer de-
CODE TAX SYSTEMS.—The Secretary shall pay to the amount of the credit under subsection (a) scribed in subclause (I) of paragraph (2)(A)(ii),
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H1242 CONGRESSIONAL RECORD — HOUSE March 10, 2021
wages paid by such eligible employer with re- ‘‘(f) CERTAIN GOVERNMENTAL EMPLOYERS.— ‘‘(C) SPECIAL RULE FOR EMPLOYERS NOT IN EX-
spect to an employee during any period de- ‘‘(1) IN GENERAL.—This credit shall not apply ISTENCE IN 2019.—In the case of any employer
scribed in such clause, or to the Government of the United States, the gov- that was not in existence in 2019, subparagraphs
‘‘(II) with respect to an eligible employer de- ernment of any State or political subdivision (A) and (B) shall each be applied by sub-
scribed in subclause (II) of such paragraph, thereof, or any agency or instrumentality of any stituting ‘2020’ for ‘2019’ each place it appears.
wages paid by such eligible employer with re- of the foregoing. ‘‘(3) RECONCILIATION OF CREDIT WITH ADVANCE
spect to an employee during such quarter. ‘‘(2) EXCEPTION.—Paragraph (1) shall not PAYMENTS.—
‘‘(B) SPECIAL RULE FOR EMPLOYERS NOT IN EX- apply to— ‘‘(A) IN GENERAL.—The amount of credit
ISTENCE IN 2019.—In the case of any employer ‘‘(A) any organization described in section which would (but for this subsection) be allowed
that was not in existence in 2019, subparagraph 501(c)(1) and exempt from tax under section under this section shall be reduced (but not
(A) shall be applied by substituting ‘2020’ for 501(a), or below zero) by the aggregate payment allowed to
‘2019’ each place it appears. ‘‘(B) any entity described in paragraph (1) the taxpayer under paragraph (2). Any failure
‘‘(C) SEVERELY FINANCIALLY DISTRESSED EM- if— to so reduce the credit shall be treated as arising
PLOYERS.— ‘‘(i) such entity is a college or university, or out of a mathematical or clerical error and as-
‘‘(i) IN GENERAL.—Notwithstanding subpara- ‘‘(ii) the principal purpose or function of such sessed according to section 6213(b)(1).
graph (A)(i), in the case of a severely finan- entity is providing medical or hospital care. ‘‘(B) EXCESS ADVANCE PAYMENTS.—If the ad-
cially distressed employer, the term ‘qualified In the case of any entity described in subpara- vance payments to a taxpayer under paragraph
wages’ means wages paid by such employer with graph (B), such entity shall be treated as satis- (2) for a calendar quarter exceed the credit al-
respect to an employee during any calendar fying the requirements of subsection (c)(2)(A)(i). lowed by this section (determined without re-
quarter. ‘‘(g) ELECTION TO NOT TAKE CERTAIN WAGES gard to subparagraph (A)), the tax imposed
‘‘(ii) DEFINITION.—The term ‘severely finan- INTO ACCOUNT.—This section shall not apply to under section 3111(b) or so much of the tax im-
cially distressed employer’ means an eligible em- so much of the qualified wages paid by an eligi- posed under section 3221(a) as is attributable to
ployer as defined in paragraph (2), determined ble employer as such employer elects (at such the rate in effect under section 3111(b) (which-
by substituting ‘less than 10 percent’ for ‘less time and in such manner as the Secretary may ever is applicable) for the calendar quarter shall
than 80 percent’ in subparagraph (A)(ii)(II) prescribe) to not take into account for purposes be increased by the amount of such excess.
thereof. of this section. ‘‘(k) TREATMENT OF DEPOSITS.—The Secretary
‘‘(D) EXCEPTION.—The term ‘qualified wages’ ‘‘(h) COORDINATION WITH CERTAIN PRO- shall waive any penalty under section 6656 for
GRAMS.— any failure to make a deposit of any applicable
shall not include any wages taken into account
‘‘(1) IN GENERAL.—This section shall not apply employment taxes if the Secretary determines
under sections 41, 45A, 45P, 45S, 51, 1396, 3131,
to so much of the qualified wages paid by an eli- that such failure was due to the reasonable an-
and 3132.
gible employer as are taken into account as pay- ticipation of the credit allowed under this sec-
‘‘(4) WAGES.—
‘‘(A) IN GENERAL.—The term ‘wages’ means roll costs in connection with— tion.
‘‘(A) a covered loan under section 7(a)(37) or ‘‘(l) EXTENSION OF LIMITATION ON ASSESS-
wages (as defined in section 3121(a)) and com-
7A of the Small Business Act, MENT.—Notwithstanding section 6501, the limi-
pensation (as defined in section 3231(e)). For
‘‘(B) a grant under section 324 of the Eco- tation on the time period for the assessment of
purposes of the preceding sentence, in the case
nomic Aid to Hard-Hit Small Businesses, Non- any amount attributable to a credit claimed
of any organization or entity described in sub-
Profits, and Venues Act, or under this section shall not expire before the
section (f)(2), wages as defined in section 3121(a) ‘‘(C) a restaurant revitalization grant under
shall be determined without regard to para- date that is 5 years after the later of—
section 5003 of the American Rescue Plan Act of ‘‘(1) the date on which the original return
graphs (5), (6), (7), (10), and (13) of section 2021. which includes the calendar quarter with re-
3121(b) (except with respect to services per- ‘‘(2) APPLICATION WHERE PPP LOANS NOT FOR- spect to which such credit is determined is filed,
formed in a penal institution by an inmate GIVEN.—The Secretary shall issue guidance pro- or
thereof). viding that payroll costs paid during the cov- ‘‘(2) the date on which such return is treated
‘‘(B) ALLOWANCE FOR CERTAIN HEALTH PLAN ered period shall not fail to be treated as quali- as filed under section 6501(b)(2).
EXPENSES.— fied wages under this section by reason of para- ‘‘(m) REGULATIONS AND GUIDANCE.—The Sec-
‘‘(i) IN GENERAL.—Such term shall include graph (1) to the extent that— retary shall issue such forms, instructions, regu-
amounts paid by the eligible employer to provide ‘‘(A) a covered loan of the taxpayer under sec- lations, and other guidance as are necessary—
and maintain a group health plan (as defined in tion 7(a)(37) of the Small Business Act is not ‘‘(1) to allow the advance payment of the
section 5000(b)(1)), but only to the extent that forgiven by reason of a decision under section credit under subsection (a) as provided in sub-
such amounts are excluded from the gross in- 7(a)(37)(J) of such Act, or section (j)(2), subject to the limitations provided
come of employees by reason of section 106(a). ‘‘(B) a covered loan of the taxpayer under sec- in this section, based on such information as the
‘‘(ii) ALLOCATION RULES.—For purposes of this tion 7A of the Small Business Act is not forgiven Secretary shall require,
section, amounts treated as wages under clause by reason of a decision under section 7A(g) of ‘‘(2) with respect to the application of the
(i) shall be treated as paid with respect to any such Act. credit under subsection (a) to third party payors
employee (and with respect to any period) to the Terms used in the preceding sentence which are (including professional employer organizations,
extent that such amounts are properly allocable also used in section 7A(g) or 7(a)(37)(J) of the certified professional employer organizations, or
to such employee (and to such period) in such Small Business Act shall, when applied in con- agents under section 3504), including regula-
manner as the Secretary may prescribe. Except nection with either such section, have the same tions or guidance allowing such payors to sub-
as otherwise provided by the Secretary, such al- meaning as when used in such section, respec- mit documentation necessary to substantiate the
location shall be treated as properly made if tively. eligible employer status of employers that use
made on the basis of being pro rata among peri- ‘‘(i) THIRD PARTY PAYORS.—Any credit al- such payors, and
ods of coverage. lowed under this section shall be treated as a ‘‘(3) to prevent the avoidance of the purposes
‘‘(5) RECOVERY STARTUP BUSINESS.—The term credit described in section 3511(d)(2). of the limitations under this section, including
‘recovery startup business’ means any em- ‘‘(j) ADVANCE PAYMENTS.— through the leaseback of employees.
ployer— ‘‘(1) IN GENERAL.—Except as provided in para- Any forms, instructions, regulations, or other
‘‘(A) which began carrying on any trade or graph (2), no advance payment of the credit guidance described in paragraph (2) shall re-
business after February 15, 2020, under subsection (a) shall be allowed. quire the customer to be responsible for the ac-
‘‘(B) for which the average annual gross re- ‘‘(2) ADVANCE PAYMENTS TO SMALL EMPLOY- counting of the credit and for any liability for
ceipts of such employer (as determined under ERS.— improperly claimed credits and shall require the
rules similar to the rules under section 448(c)(3)) ‘‘(A) IN GENERAL.—Under rules provided by certified professional employer organization or
for the 3-taxable-year period ending with the the Secretary, an eligible employer for which the other third party payor to accurately report
taxable year which precedes the calendar quar- average number of full-time employees (within such tax credits based on the information pro-
ter for which the credit is determined under sub- the meaning of section 4980H) employed by such vided by the customer.
section (a) does not exceed $1,000,000, and eligible employer during 2019 was not greater ‘‘(n) APPLICATION.—This section shall only
‘‘(C) which, with respect to such calendar than 500 may elect for any calendar quarter to apply to wages paid after June 30, 2021, and be-
quarter, is not described in subclause (I) or (II) receive an advance payment of the credit under fore January 1, 2022.’’.
of paragraph (2)(A)(ii). subsection (a) for such quarter in an amount (b) REFUNDS.—Paragraph (2) of section
‘‘(6) OTHER TERMS.—Any term used in this not to exceed 70 percent of the average quarterly 1324(b) of title 31, United States Code, is amend-
section which is also used in this chapter or wages paid by the employer in calendar year ed by inserting ‘‘3134,’’ before ‘‘6428’’.
chapter 22 shall have the same meaning as when 2019. (c) CLERICAL AMENDMENT.—The table of sec-
used in such chapter. ‘‘(B) SPECIAL RULE FOR SEASONAL EMPLOY- tions for subchapter D of chapter 21 of subtitle
‘‘(d) AGGREGATION RULE.—All persons treated ERS.—In the case of any employer who employs C of the Internal Revenue Code of 1986 is
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as a single employer under subsection (a) or (b) seasonal workers (as defined in section amended by adding at the end the following:
of section 52, or subsection (m) or (o) of section 45R(d)(5)(B)), the employer may elect to apply ‘‘Sec. 3134. Employee retention credit for em-
414, shall be treated as one employer for pur- subparagraph (A) by substituting ‘the wages for ployers subject to closure due to
poses of this section. the calendar quarter in 2019 which corresponds COVID–19.’’.
‘‘(e) CERTAIN RULES TO APPLY.—For purposes to the calendar quarter to which the election re- (d) EFFECTIVE DATE.—The amendments made
of this section, rules similar to the rules of sec- lates’ for ‘the average quarterly wages paid by by this section shall apply to calendar quarters
tions 51(i)(1) and 280C(a) shall apply. the employer in calendar year 2019’. beginning after June 30, 2021.
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1243
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 ‘‘(A) JOINT RETURN REQUIREMENT.—Para- gate), any amount excluded from income by rea-
36B(c)(1) of the Internal Revenue Code of 1986 is graph (1)(A) shall not affect the application of son of paragraph (1) shall be treated as tax ex-
amended by adding at the end the following subsection (c)(1)(C). empt income for purposes of sections 705 and
new subparagraph: ‘‘(B) HOUSEHOLD INCOME AND 1366 of the Internal Revenue Code of 1986, and
‘‘(E) TEMPORARY RULE FOR 2021 AND 2022.—In AFFORDABILLITY.—Paragraph (1)(B) shall not (B) the Secretary of the Treasury (or the Sec-
the case of a taxable year beginning in 2021 or apply to any determination of household income retary’s delegate) shall prescribe rules for deter-
2022, subparagraph (A) shall be applied without for purposes of paragraph (2)(C)(i)(II) or mining a partner’s distributive share of any
regard to ‘but does not exceed 400 percent’.’’. (4)(C)(ii) of subsection (c)’’. amount described in subparagraph (A) for pur-
(c) EFFECTIVE DATE.—The amendments made (b) EFFECTIVE DATE.—The amendments made poses of section 705 of the Internal Revenue
by this section shall apply to taxable years be- by this section shall apply to taxable years be- Code of 1986.
ginning after December 31, 2020. ginning after December 31, 2020. SEC. 9674. MODIFICATION OF EXCEPTIONS FOR
SEC. 9662. TEMPORARY MODIFICATION OF LIMI- PART 8—MISCELLANEOUS PROVISIONS REPORTING OF THIRD PARTY NET-
TATIONS ON RECONCILIATION OF WORK TRANSACTIONS.
SEC. 9671. REPEAL OF ELECTION TO ALLOCATE
TAX CREDITS FOR COVERAGE (a) IN GENERAL.—Section 6050W(e) of the In-
INTEREST, ETC. ON WORLDWIDE
UNDER A QUALIFIED HEALTH PLAN ternal Revenue Code of 1986 is amended to read
BASIS.
WITH ADVANCE PAYMENTS OF SUCH
CREDIT. (a) IN GENERAL.—Section 864 of the Internal as follows:
Revenue Code of 1986 is amended by striking ‘‘(e) DE MINIMIS EXCEPTION FOR THIRD PARTY
(a) IN GENERAL.—Section 36B(f)(2)(B) of the
subsection (f). SETTLEMENT ORGANIZATIONS.—A third party
Internal Revenue Code of 1986 is amended by
(b) EFFECTIVE DATE.—The amendment made settlement organization shall not be required to
adding at the end the following new clause:
‘‘(iii) TEMPORARY MODIFICATION OF LIMITA- by this section shall apply to taxable years be- report any information under subsection (a)
TION ON INCREASE.—In the case of any taxable ginning after December 31, 2020. with respect to third party network transactions
year beginning in 2020, for any taxpayer who SEC. 9672. TAX TREATMENT OF TARGETED EIDL of any participating payee if the amount which
files for such taxable year an income tax return ADVANCES. would otherwise be reported under subsection
reconciling any advance payment of the credit For purposes of the Internal Revenue Code of (a)(2) with respect to such transactions does not
under this section, the Secretary shall treat sub- 1986— exceed $600.’’.
(1) amounts received from the Administrator (b) CLARIFICATION THAT REPORTING IS NOT
paragraph (A) as not applying.’’.
(b) EFFECTIVE DATE.—The amendment made of the Small Business Administration in the REQUIRED ON TRANSACTIONS WHICH ARE NOT
form of a targeted EIDL advance under section FOR GOODS OR SERVICES.—Section 6050W(c)(3) of
by this section shall apply to taxable years be-
ginning after December 31, 2019. 331 of the Economic Aid to Hard-Hit Small Busi- such Code is amended by inserting ‘‘described in
nesses, Nonprofits, and Venues Act (title III of subsection (d)(3)(A)(iii)’’ after ‘‘any trans-
SEC. 9663. APPLICATION OF PREMIUM TAX CRED-
IT IN CASE OF INDIVIDUALS RECEIV- division N of Public Law 116–260) shall not be action’’.
ING UNEMPLOYMENT COMPENSA- included in the gross income of the person that (c) EFFECTIVE DATE.—
TION DURING 2021. receives such amounts, (1) IN GENERAL.—The amendment made by
(a) IN GENERAL.—Section 36B of the Internal (2) no deduction shall be denied, no tax at- subsection (a) shall apply to returns for cal-
Revenue Code of 1986 is amended by redesig- tribute shall be reduced, and no basis increase endar years beginning after December 31, 2021.
nating subsection (g) as subsection (h) and by shall be denied, by reason of the exclusion from (2) CLARIFICATION.—The amendment made by
inserting after subsection (f) the following new gross income provided by paragraph (1), and subsection (b) shall apply to transactions after
subsection: (3) in the case of a partnership or S corpora- the date of the enactment of this Act.
‘‘(g) SPECIAL RULE FOR INDIVIDUALS WHO RE- tion that receives such amounts— SEC. 9675. MODIFICATION OF TREATMENT OF
CEIVE UNEMPLOYMENT COMPENSATION DURING (A) any amount excluded from income by rea- STUDENT LOAN FORGIVENESS.
2021.— son of paragraph (1) shall be treated as tax ex- (a) IN GENERAL.—Section 108(f) of the Inter-
‘‘(1) IN GENERAL.—For purposes of this sec- empt income for purposes of sections 705 and nal Revenue Code of 1986 is amended by striking
tion, in the case of a taxpayer who has received, 1366 of the Internal Revenue Code of 1986, and paragraph (5) and inserting the following:
or has been approved to receive, unemployment (B) the Secretary of the Treasury (or the Sec- ‘‘(5) SPECIAL RULE FOR DISCHARGES IN 2021
compensation for any week beginning during retary’s delegate) shall prescribe rules for deter- THROUGH 2025.—Gross income does not include
2021, for the taxable year in which such week mining a partner’s distributive share of any any amount which (but for this subsection)
begins— amount described in subparagraph (A) for pur- would be includible in gross income by reason of
‘‘(A) such taxpayer shall be treated as an ap- poses of section 705 of the Internal Revenue the discharge (in whole or in part) after Decem-
plicable taxpayer, and Code of 1986. ber 31, 2020, and before January 1, 2026, of—
‘‘(B) there shall not be taken into account SEC. 9673. TAX TREATMENT OF RESTAURANT RE- ‘‘(A) any loan provided expressly for postsec-
any household income of the taxpayer in excess VITALIZATION GRANTS. ondary educational expenses, regardless of
of 133 percent of the poverty line for a family of For purposes of the Internal Revenue Code of whether provided through the educational insti-
the size involved. 1986— tution or directly to the borrower, if such loan
‘‘(2) UNEMPLOYMENT COMPENSATION.—For (1) amounts received from the Administrator was made, insured, or guaranteed by—
purposes of this subsection, the term ‘unemploy- of the Small Business Administration in the ‘‘(i) the United States, or an instrumentality
ment compensation’ has the meaning given such form of a restaurant revitalization grant under or agency thereof,
term in section 85(b). section 5003 shall not be included in the gross ‘‘(ii) a State, territory, or possession of the
‘‘(3) EVIDENCE OF UNEMPLOYMENT COMPENSA- income of the person that receives such United States, or the District of Columbia, or
TION.—For purposes of this subsection, a tax- amounts, any political subdivision thereof, or
payer shall not be treated as having received (or (2) no deduction shall be denied, no tax at- ‘‘(iii) an eligible educational institution (as
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been approved to receive) unemployment com- tribute shall be reduced, and no basis increase defined in section 25A),
pensation for any week unless such taxpayer shall be denied, by reason of the exclusion from ‘‘(B) any private education loan (as defined
provides self-attestation of, and such docu- gross income provided by paragraph (1), and in section 140(a)(7) of the Truth in Lending
mentation as the Secretary shall prescribe which (3) in the case of a partnership or S corpora- Act),
demonstrates, such receipt or approval. tion that receives such amounts— ‘‘(C) any loan made by any educational orga-
‘‘(4) CLARIFICATION OF RULES REMAINING AP- (A) except as otherwise provided by the Sec- nization described in section 170(b)(1)(A)(ii) if
PLICABLE.— retary of the Treasury (or the Secretary’s dele- such loan is made—
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H1244 CONGRESSIONAL RECORD — HOUSE March 10, 2021
‘‘(i) pursuant to an agreement with any entity Secretary’s delegate may prescribe and, once ‘‘(F) RELIEF FOR 2020 AND 2021.—A multiem-
described in subparagraph (A) or any private made, may be revoked only with the consent of ployer plan with respect to which the solvency
education lender (as defined in section 140(a) of the Secretary, and test under subparagraph (C) is met as of Feb-
the Truth in Lending Act) under which the (B) if made— ruary 29, 2020, may elect to apply this para-
funds from which the loan was made were pro- (i) before the date the annual certification is graph (without regard to whether such plan
vided to such educational organization, or submitted to the Secretary or the Secretary’s previously elected the application of this para-
‘‘(ii) pursuant to a program of such edu- delegate under section 305(b)(3) of such Act and graph)—
cational organization which is designed to en- section 432(b)(3) of such Code, shall be included ‘‘(i) by substituting ‘February 29, 2020’ for
courage its students to serve in occupations with with such annual certification, and ‘August 31, 2008’ each place it appears in sub-
unmet needs or in areas with unmet needs and (ii) after such date, shall be submitted to the paragraphs (A)(i), (B)(i)(I), and (B)(i)(II),
under which the services provided by the stu- Secretary or the Secretary’s delegate not later ‘‘(ii) by inserting ‘and other losses related to
dents (or former students) are for or under the than 30 days after the date of the election. the virus SARS–CoV–2 or coronavirus disease
direction of a governmental unit or an organiza- (2) NOTICE TO PARTICIPANTS.— 2019 (COVID–19) (including experience losses re-
tion described in section 501(c)(3) and exempt (A) IN GENERAL.—Notwithstanding section lated to reductions in contributions, reductions
from tax under section 501(a), or 305(b)(3)(D) of the Employee Retirement Income in employment, and deviations from anticipated
‘‘(D) any loan made by an educational orga- Security Act of 1974 and section 432(b)(3)(D) of retirement rates, as determined by the plan
nization described in section 170(b)(1)(A)(ii) or the Internal Revenue Code of 1986, if, by reason sponsor)’ after ‘net investment losses’ in sub-
by an organization exempt from tax under sec- of an election made under subsection (a), the paragraph (A)(i), and
tion 501(a) to refinance a loan to an individual plan is in neither endangered nor critical sta- ‘‘(iii) by substituting ‘this subparagraph or
to assist the individual in attending any such tus— subparagraph (A)’ for ‘this subparagraph and
educational organization but only if the refi- (i) the plan sponsor of a multiemployer plan subparagraph (A) both’ in subparagraph
nancing loan is pursuant to a program of the re- shall not be required to provide notice under (B)(iii).
financing organization which is designed as de- such sections, and The preceding sentence shall not apply to a
(ii) the plan sponsor shall provide to the par- plan to which special financial assistance is
scribed in subparagraph (C)(ii).
The preceding sentence shall not apply to the ticipants and beneficiaries, the bargaining par- granted under section 4262. For purposes of the
discharge of a loan made by an organization de- ties, the Pension Benefit Guaranty Corporation, application of this subparagraph, the Secretary
scribed in subparagraph (C) or made by a pri- and the Secretary of Labor a notice of the elec- of the Treasury shall rely on the plan sponsor’s
vate education lender (as defined in section tion under subsection (a) and such other infor- calculations of plan losses unless such calcula-
140(a)(7) of the Truth in Lending Act) if the dis- mation as the Secretary of the Treasury (in con- tions are clearly erroneous.’’.
charge is on account of services performed for sultation with the Secretary of Labor) may re- (2) AMENDMENT TO INTERNAL REVENUE CODE
either such organization or for such private quire— OF 1986.—Section 431(b)(8) of the Internal Rev-
(I) if the election is made before the date the enue Code of 1986 is amended by adding at the
education lender.’’.
(b) EFFECTIVE DATE.—The amendment made annual certification is submitted to the Sec- end the following new subparagraph:
by this section shall apply to discharges of loans retary or the Secretary’s delegate under section ‘‘(F) RELIEF FOR 2020 AND 2021.—A multiem-
after December 31, 2020. 305(b)(3) of such Act and section 432(b)(3) of ployer plan with respect to which the solvency
such Code, not later than 30 days after the date test under subparagraph (C) is met as of Feb-
Subtitle H—Pensions
of the certification, and ruary 29, 2020, may elect to apply this para-
SEC. 9701. TEMPORARY DELAY OF DESIGNATION (II) if the election is made after such date, not
OF MULTIEMPLOYER PLANS AS IN graph (without regard to whether such plan
later than 30 days after the date of the election.
ENDANGERED, CRITICAL, OR CRIT- previously elected the application of this para-
(B) NOTICE OF ENDANGERED STATUS.—Not-
ICAL AND DECLINING STATUS. graph)—
withstanding section 305(b)(3)(D) of such Act
(a) IN GENERAL.—Notwithstanding the actu- ‘‘(i) by substituting ‘February 29, 2020’ for
and section 432(b)(3)(D) of such Code, if the
arial certification under section 305(b)(3) of the ‘August 31, 2008’ each place it appears in sub-
plan is certified to be in critical status for any
Employee Retirement Income Security Act of paragraphs (A)(i), (B)(i)(I), and (B)(i)(II),
plan year but is in endangered status by reason ‘‘(ii) by inserting ‘and other losses related to
1974 and section 432(b)(3) of the Internal Rev- of an election made under subsection (a), the
enue Code of 1986, if a plan sponsor of a multi- the virus SARS–CoV–2 or coronavirus disease
notice provided under such sections shall be the 2019 (COVID–19) (including experience losses re-
employer plan elects the application of this sec- notice which would have been provided if the
tion, then, for purposes of section 305 of such lated to reductions in contributions, reductions
plan had been certified to be in endangered sta- in employment, and deviations from anticipated
Act and section 432 of such Code— tus.
(1) the status of the plan for its first plan year retirement rates, as determined by the plan
SEC. 9702. TEMPORARY EXTENSION OF THE
beginning during the period beginning on sponsor)’ after ‘net investment losses’ in sub-
FUNDING IMPROVEMENT AND REHA-
March 1, 2020, and ending on February 28, 2021, BILITATION PERIODS FOR MULTIEM- paragraph (A)(i), and
or the next succeeding plan year (as designated PLOYER PENSION PLANS IN CRIT- ‘‘(iii) by substituting ‘this subparagraph or
by the plan sponsor in such election), shall be ICAL AND ENDANGERED STATUS subparagraph (A)’ for ‘this subparagraph and
the same as the status of such plan under such FOR 2020 OR 2021. subparagraph (A) both’ in subparagraph
sections for the plan year preceding such des- (a) IN GENERAL.—If the plan sponsor of a (B)(iii).
ignated plan year, and multiemployer plan which is in endangered or The preceding sentence shall not apply to a
(2) in the case of a plan which was in endan- critical status for a plan year beginning in 2020 plan to which special financial assistance is
gered or critical status for the plan year pre- or 2021 (determined after application of section granted under section 4262 of the Employee Re-
ceding the designated plan year described in 9701) elects the application of this section, then, tirement Income Security Act of 1974. For pur-
paragraph (1), the plan shall not be required to for purposes of section 305 of the Employee Re- poses of the application of this subparagraph,
update its plan or schedules under section tirement Income Security Act of 1974 and section the Secretary shall rely on the plan sponsor’s
305(c)(6) of such Act and section 432(c)(6) of 432 of the Internal Revenue Code of 1986, the calculations of plan losses unless such calcula-
such Code, or section 305(e)(3)(B) of such Act plan’s funding improvement period or rehabili- tions are clearly erroneous.’’.
and section 432(e)(3)(B) of such Code, whichever tation period, whichever is applicable, shall be (b) EFFECTIVE DATES.—
is applicable, until the plan year following the extended by 5 years. (1) IN GENERAL.—The amendments made by
designated plan year described in paragraph (1). (b) DEFINITIONS AND SPECIAL RULES.—For this section shall take effect as of the first day
(b) EXCEPTION FOR PLANS BECOMING CRITICAL purposes of this section— of the first plan year ending on or after Feb-
DURING ELECTION.—If— (1) ELECTION.—An election under this section ruary 29, 2020, except that any election a plan
(1) an election was made under subsection (a) shall be made at such time, and in such manner makes pursuant to this section that affects the
with respect to a multiemployer plan, and and form, as (in consultation with the Secretary plan’s funding standard account for the first
(2) such plan has, without regard to such elec- of Labor) the Secretary of the Treasury or the plan year beginning after February 29, 2020,
tion, been certified by the plan actuary under Secretary’s delegate may prescribe. shall be disregarded for purposes of applying
section 305(b)(3) of the Employee Retirement In- (2) DEFINITIONS.—Any term which is used in the provisions of section 305 of the Employee Re-
come Security Act of 1974 and section 432(b)(3) this section which is also used in section 305 of tirement Income Security Act of 1974 and section
of the Internal Revenue Code of 1986 to be in the Employee Retirement Income Security Act of 432 of the Internal Revenue Code of 1986 to such
critical status for the designated plan year de- 1974 and section 432 of the Internal Revenue plan year.
scribed in subsection (a)(1), then such plan shall Code of 1986 shall have the same meaning as (2) RESTRICTIONS ON BENEFIT INCREASES.—Not-
be treated as a plan in critical status for such when used in such sections. withstanding paragraph (1), the restrictions on
plan year for purposes of applying section (c) EFFECTIVE DATE.—This section shall apply plan amendments increasing benefits in sections
4971(g)(1)(A) of such Code, section 302(b)(3) of to plan years beginning after December 31, 2019. 304(b)(8)(D) of such Act and 431(b)(8)(D) of such
such Act (without regard to the second sentence SEC. 9703. ADJUSTMENTS TO FUNDING STAND- Code, as applied by the amendments made by
dlhill on DSK120RN23PROD with HOUSE
thereof), and section 412(b)(3) of such Code ARD ACCOUNT RULES. this section, shall take effect on the date of en-
(without regard to the second sentence thereof). (a) ADJUSTMENTS.— actment of this Act.
(c) ELECTION AND NOTICE.— (1) AMENDMENT TO EMPLOYEE RETIREMENT IN- SEC. 9704. SPECIAL FINANCIAL ASSISTANCE PRO-
(1) ELECTION.—An election under subsection COME SECURITY ACT OF 1974.—Section 304(b)(8) of GRAM FOR FINANCIALLY TROUBLED
(a)— the Employee Retirement Income Security Act of MULTIEMPLOYER PLANS.
(A) shall be made at such time and in such 1974 (29 U.S.C. 1084(b)) is amended by adding at (a) APPROPRIATION.—Section 4005 of the Em-
manner as the Secretary of the Treasury or the the end the following new subparagraph: ployee Retirement Income Security Act of 1974
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1245
(29 U.S.C. 1305) is amended by adding at the end which may be used by a plan that has been ap- shall be submitted no later than December 31,
the following: proved for a partition under section 4233 before 2026.
‘‘(i)(1) An eighth fund shall be established for the date of enactment of this section. ‘‘(g) DETERMINATIONS ON APPLICATIONS.—A
special financial assistance to multiemployer ‘‘(d) TEMPORARY PRIORITY CONSIDERATION OF plan’s application for special financial assist-
pension plans, as provided under section 4262, APPLICATIONS.— ance under this section that is timely filed in ac-
and to pay for necessary administrative and op- ‘‘(1) IN GENERAL.—The corporation may speci- cordance with the regulations or guidance
erating expenses of the corporation relating to fy in regulations or guidance under subsection issued under subsection (c) shall be deemed ap-
such assistance. (c) that, during a period no longer than the first proved unless the corporation notifies the plan
‘‘(2) There is appropriated from the general 2 years following the date of enactment of this within 120 days of the filing of the application
fund such amounts as are necessary for the section, applications may not be filed by an eli- that the application is incomplete, any proposed
costs of providing financial assistance under gible multiemployer plan unless— change or assumption is unreasonable, or the
section 4262 and necessary administrative and ‘‘(A) the eligible multiemployer plan is insol- plan is not eligible under this section. Such no-
operating expenses of the corporation. The vent or is likely to become insolvent within 5 tice shall specify the reasons the plan is ineli-
eighth fund established under this subsection years of the date of enactment of this section; gible for special financial assistance, any pro-
shall be credited with amounts from time to time ‘‘(B) the corporation projects the eligible mul- posed change or assumption is unreasonable, or
as the Secretary of the Treasury, in conjunction tiemployer plan to have a present value of fi- information is needed to complete the applica-
with the Director of the Pension Benefit Guar- nancial assistance payments under section 4261 tion. If a plan is denied assistance under this
anty Corporation, determines appropriate, from that exceeds $1,000,000,000 if the special finan- subsection, the plan may submit a revised appli-
the general fund of the Treasury, but in no case cial assistance is not ordered; cation under this section. Any revised applica-
shall such transfers occur after September 30, ‘‘(C) the eligible multiemployer plan has im- tion for special financial assistance submitted
2030.’’. plemented benefit suspensions under section by a plan shall be deemed approved unless the
(b) FINANCIAL ASSISTANCE AUTHORITY.—The 305(e)(9) as of the date of the enactment of this corporation notifies the plan within 120 days of
Employee Retirement Income Security Act of section; or the filing of the revised application that the ap-
1974 is amended by inserting after section 4261 of ‘‘(D) the corporation determines it appropriate plication is incomplete, any proposed change or
such Act (29 U.S.C. 1431) the following: based on other similar circumstances. assumption is unreasonable, or the plan is not
‘‘SEC. 4262. SPECIAL FINANCIAL ASSISTANCE BY ‘‘(e) ACTUARIAL ASSUMPTIONS.— eligible under this section. Special financial as-
THE CORPORATION. ‘‘(1) ELIGIBILITY.—For purposes of deter- sistance issued by the corporation shall be effec-
‘‘(a) SPECIAL FINANCIAL ASSISTANCE.— mining eligibility for special financial assist- tive on a date determined by the corporation,
‘‘(1) IN GENERAL.—The corporation shall pro- ance, the corporation shall accept assumptions but no later than 1 year after a plan’s special fi-
vide special financial assistance to an eligible incorporated in a multiemployer plan’s deter- nancial assistance application is approved by
multiemployer plan under this section, upon the mination that it is in critical status or critical the corporation or deemed approved. The cor-
application of a plan sponsor of such a plan for and declining status (within the meaning of sec- poration shall not pay any special financial as-
such assistance. tion 305(b)) for certifications of plan status com- sistance after September 30, 2030.
‘‘(2) INAPPLICABILITY OF CERTAIN REPAYMENT pleted before January 1, 2021, unless such as- ‘‘(h) MANNER OF PAYMENT.—The payment
OBLIGATION.—A plan receiving special financial sumptions are clearly erroneous. For certifi- made by the corporation to an eligible multiem-
assistance pursuant to this section shall not be cations of plan status completed after December ployer plan under this section shall be made as
subject to repayment obligations with respect to 31, 2020, a plan shall determine whether it is in a single, lump sum payment.
critical or critical and declining status for pur- ‘‘(i) AMOUNT AND MANNER OF SPECIAL FINAN-
such special financial assistance.
poses of eligibility for special financial assist- CIAL ASSISTANCE.—
‘‘(b) ELIGIBLE MULTIEMPLOYER PLANS.— ‘‘(1) IN GENERAL.—Special financial assistance
‘‘(1) IN GENERAL.—For purposes of this sec- ance by using the assumptions that the plan
used in its most recently completed certification under this section shall be a transfer of funds in
tion, a multiemployer plan is an eligible multi-
of plan status before January 1, 2021, unless the amount necessary as demonstrated by the
employer plan if—
such assumptions (excluding the plan’s interest plan sponsor on the application for such special
‘‘(A) the plan is in critical and declining sta-
financial assistance, in accordance with the re-
tus (within the meaning of section 305(b)(6)) in rate) are unreasonable.
‘‘(2) AMOUNT OF FINANCIAL ASSISTANCE.—In quirements described in subsection (j). Special
any plan year beginning in 2020 through 2022;
determining the amount of special financial as- financial assistance shall be paid to such plan
‘‘(B) a suspension of benefits has been ap-
sistance in its application, an eligible multiem- as soon as practicable upon approval of the ap-
proved with respect to the plan under section
ployer plan shall— plication by the corporation.
305(e)(9) as of the date of the enactment of this ‘‘(2) NO CAP.—Special financial assistance
section; ‘‘(A) use the interest rate used by the plan in
granted by the corporation under this section
‘‘(C) in any plan year beginning in 2020 its most recently completed certification of plan
shall not be capped by the guarantee under
through 2022, the plan is certified by the plan status before January 1, 2021, provided that
4022A.
actuary to be in critical status (within the such interest rate may not exceed the interest ‘‘(j) DETERMINATION OF AMOUNT OF SPECIAL
meaning of section 305(b)(2)), has a modified rate limit; and FINANCIAL ASSISTANCE.—
funded percentage of less than 40 percent, and ‘‘(B) for other assumptions, use the assump- ‘‘(1) IN GENERAL.—The amount of financial
has a ratio of active to inactive participants tions that the plan used in its most recently assistance provided to a multiemployer plan eli-
which is less than 2 to 3; or completed certification of plan status before gible for financial assistance under this section
‘‘(D) the plan became insolvent for purposes January 1, 2021, unless such assumptions are shall be such amount required for the plan to
of section 418E of the Internal Revenue Code of unreasonable. pay all benefits due during the period beginning
1986 after December 16, 2014, and has remained ‘‘(3) INTEREST RATE LIMIT.—The interest rate on the date of payment of the special financial
so insolvent and has not been terminated as of limit for purposes of this subsection is the rate assistance payment under this section and end-
the date of enactment of this section. specified in section 303(h)(2)(C)(iii) (dis- ing on the last day of the plan year ending in
‘‘(2) MODIFIED FUNDED PERCENTAGE.—For regarding modifications made under clause (iv) 2051, with no reduction in a participant’s or
purposes of paragraph (1)(C), the term ‘modified of such section) for the month in which the ap- beneficiary’s accrued benefit as of the date of
funded percentage’ means the percentage equal plication for special financial assistance is filed enactment of this section, except to the extent of
to a fraction the numerator of which is current by the eligible multiemployer plan or the 3 pre- a reduction in accordance with section 305(e)(8)
value of plan assets (as defined in section 3(26) ceding months, with such specified rate in- adopted prior to the plan’s application for spe-
of such Act) and the denominator of which is creased by 200 basis points. cial financial assistance under this section, and
current liabilities (as defined in section ‘‘(4) CHANGES IN ASSUMPTIONS.—If a plan de- taking into account the reinstatement of bene-
431(c)(6)(D) of such Code and section termines that use of one or more prior assump- fits required under subsection (k).
304(c)(6)(D) of such Act). tions is unreasonable, the plan may propose in ‘‘(2) PROJECTIONS.—The funding projections
‘‘(c) APPLICATIONS FOR SPECIAL FINANCIAL AS- its application to change such assumptions, pro- for purposes of this section shall be performed
SISTANCE.—Within 120 days of the date of enact- vided that the plan discloses such changes in its on a deterministic basis.
ment of this section, the corporation shall issue application and describes why such assumptions ‘‘(k) REINSTATEMENT OF SUSPENDED BENE-
regulations or guidance setting forth require- are no longer reasonable. The corporation shall FITS.—The Secretary, in coordination with the
ments for special financial assistance applica- accept such changed assumptions unless it de- Secretary of the Treasury, shall ensure that an
tions under this section. In such regulations or termines the changes are unreasonable, individ- eligible multiemployer plan that receives special
guidance, the corporation shall— ually or in the aggregate. The plan may not financial assistance under this section—
‘‘(1) limit the materials required for a special propose a change to the interest rate otherwise ‘‘(1) reinstates any benefits that were sus-
financial assistance application to the minimum required under this subsection for eligibility or pended under section 305(e)(9) or section 4245(a)
necessary to make a determination on the appli- financial assistance amount. in accordance with guidance issued by the Sec-
cation; ‘‘(f) APPLICATION DEADLINE.—Any application retary of the Treasury pursuant to section
dlhill on DSK120RN23PROD with HOUSE
‘‘(2) specify effective dates for transfers of by a plan for special financial assistance under 432(k)(1)(B) of the Internal Revenue Code of
special financial assistance following approval this section shall be submitted to the corporation 1986, effective as of the first month in which the
of an application, based on the effective date of (and, in the case of a plan to which section effective date for the special financial assistance
the supporting actuarial analysis and the date 432(k)(1)(D) of the Internal Revenue Code of occurs, for participants and beneficiaries as of
on which the application is submitted; and 1986 applies, to the Secretary of the Treasury) such month; and
‘‘(3) provide for an alternate application for no later than December 31, 2025, and any re- ‘‘(2) provides payments equal to the amount of
special financial assistance under this section, vised application for special financial assistance benefits previously suspended under section
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H1246 CONGRESSIONAL RECORD — HOUSE March 10, 2021
305(e)(9) or 4245(a) to any participants or bene- of special financial assistance needed based on ‘‘(7) PLANS RECEIVING SPECIAL FINANCIAL AS-
ficiaries in pay status as of the effective date of the projected funded status of the plan as of the SISTANCE.—If an eligible multiemployer plan re-
the special financial assistance, payable, as de- last day of the plan year ending in 2051, wheth- ceiving special financial assistance under sec-
termined by the eligible multiemployer plan— er the plan proposes to repay benefits over 5 tion 4262 of the Employee Retirement Income Se-
‘‘(A) as a lump sum within 3 months of such years or as a lump sum, as required by sub- curity Act of 1974 meets the requirements of sub-
effective date; or section (k)(2), and any other relevant factors, as section (k)(2), notwithstanding the preceding
‘‘(B) in equal monthly installments over a pe- determined by the corporation in consultation paragraphs of this subsection, the plan shall be
riod of 5 years, commencing within 3 months of with the Secretary of the Treasury, to ensure deemed to be in critical status for plan years be-
such effective date, with no adjustment for in- the amount of assistance is sufficient to meet ginning with the plan year in which the effec-
terest. such requirement and is sufficient to pay bene- tive date for such assistance occurs and ending
‘‘(l) RESTRICTIONS ON THE USE OF SPECIAL FI- fits as required in subsection (j)(1). with the last plan year ending in 2051.’’.
NANCIAL ASSISTANCE.—Special financial assist- ‘‘(2) In the case of any plan which proposes in (3) RULES RELATING TO ELIGIBLE MULTIEM-
ance received under this section and any earn- its application to change the assumptions used, PLOYER PLANS.—Section 432 of the Internal Rev-
ings thereon may be used by an eligible multiem- as provided in subsection (e)(4), the corporation enue Code of 1986 is amended by adding at the
ployer plan to make benefit payments and pay shall consult with the Secretary of the Treasury end the following new subsection:
plan expenses. Special financial assistance and regarding such proposed change in assumptions. ‘‘(k) RULES RELATING TO ELIGIBLE MULTIEM-
any earnings on such assistance shall be seg- ‘‘(3) If the corporation specifies in regulations PLOYER PLANS.—
regated from other plan assets. Special financial or guidance that temporary priority consider- ‘‘(1) PLANS APPLYING FOR SPECIAL FINANCIAL
assistance shall be invested by plans in invest- ation is available for plans which are insolvent ASSISTANCE.—In the case of an eligible multiem-
ment-grade bonds or other investments as per- within the meaning of section 418E of the Inter- ployer plan which applies for special financial
mitted by the corporation. nal Revenue Code of 1986 or likely to become so assistance under section 4262 of such Act—
‘‘(m) CONDITIONS ON PLANS RECEIVING SPE- insolvent or for plans which have suspended ‘‘(A) IN GENERAL.—Such application shall be
CIAL FINANCIAL ASSISTANCE.— benefits under section 305(e)(9), or that avail- submitted in accordance with the requirements
‘‘(1) IN GENERAL.—The corporation, in con- ability is otherwise based on the funded status of such section, including any guidance issued
sultation with the Secretary of the Treasury, of the plan under section 305, as permitted by thereunder by the Pension Benefit Guaranty
may impose, by regulation or other guidance, subsection (d), the corporation shall consult Corporation.
reasonable conditions on an eligible multiem- with the Secretary of the Treasury regarding ‘‘(B) REINSTATEMENT OF SUSPENDED BENE-
ployer plan that receives special financial as- any granting of priority consideration to such FITS.—In the case of a plan for which a suspen-
sistance relating to increases in future accrual plans.’’. sion of benefits has been approved under sub-
rates and any retroactive benefit improvements, (c) PREMIUM RATE INCREASE.—Section section (e)(9), the application shall describe the
allocation of plan assets, reductions in employer 4006(a)(3) of the Employee Retirement Income manner in which suspended benefits will be re-
contribution rates, diversion of contributions to, Security Act of 1974 (29 U.S.C. 1306(a)(3)) is instated in accordance with paragraph (2)(A)
and allocation of expenses to, other benefit amended— and guidance issued by the Secretary if the plan
plans, and withdrawal liability. (1) in subparagraph (A)— receives special financial assistance.
‘‘(2) LIMITATION.—The corporation shall not (A) in clause (vi)—
(i) by inserting ‘‘, and before January 1, 2031’’ ‘‘(C) AMOUNT OF FINANCIAL ASSISTANCE.—
impose conditions on an eligible multiemployer
after ‘‘December 31, 2014,’’; and ‘‘(i) IN GENERAL.—In determining the amount
plan as a condition of, or following receipt of,
(ii) by striking ‘‘or’’ at the end; of special financial assistance to be specified in
special financial assistance under this section
(B) in clause (vii)— its application, an eligible multiemployer plan
relating to—
(i) by moving the margin 2 ems to the left; and shall—
‘‘(A) any prospective reduction in plan bene-
(ii) in subclause (II), by striking the period ‘‘(I) use the interest rate used by the plan in
fits (including benefits that may be adjusted
and inserting ‘‘, or’’; and its most recently completed certification of plan
pursuant to section 305(e)(8));
(C) by adding at the end the following: status before January 1, 2021, provided that
‘‘(B) plan governance, including selection of,
‘‘(viii) in the case of a multiemployer plan, for such interest rate does not exceed the interest
removal of, and terms of contracts with, trust-
plan years beginning after December 31, 2030, rate limit, and
ees, actuaries, investment managers, and other
$52 for each individual who is a participant in ‘‘(II) for other assumptions, use the assump-
service providers; or
‘‘(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
(2) by adding at the end the following: January 1, 2021, unless such assumptions are
section.
‘‘(N) For each plan year beginning in a cal- unreasonable.
‘‘(3) PAYMENT OF PREMIUMS.—An eligible mul-
endar year after 2031, there shall be substituted ‘‘(ii) INTEREST RATE LIMIT.—For purposes of
tiemployer plan receiving special financial as-
for the dollar amount specified in clause (viii) of clause (i), the interest rate limit is the rate speci-
sistance under this section shall continue to pay
subparagraph (A) an amount equal to the great- fied in section 430(h)(2)(C)(iii) (disregarding
all premiums due under section 4007 for partici-
er of— modifications made under clause (iv) of such
pants and beneficiaries in the plan. ‘‘(i) the product derived by multiplying such
‘‘(4) ASSISTANCE NOT CONSIDERED FOR CERTAIN section) for the month in which the application
dollar amount by the ratio of— for special financial assistance is filed by the el-
PURPOSES.—An eligible multiemployer plan that
‘‘(I) the national average wage index (as de- igible multiemployer plan or the 3 preceding
receives special financial assistance shall be fined in section 209(k)(1) of the Social Security
deemed to be in critical status within the mean- months, with such specified rate increased by
Act) for the first of the 2 calendar years pre- 200 basis points.
ing of section 305(b)(2) until the last plan year ceding the calendar year in which such plan
ending in 2051. ‘‘(iii) CHANGES IN ASSUMPTIONS.—If a plan de-
year begins, to termines that use of one or more prior assump-
‘‘(5) INSOLVENT PLANS.—An eligible multiem- ‘‘(II) the national average wage index (as so
ployer plan receiving special financial assist- tions is unreasonable, the plan may propose in
defined) for 2029; and its application to change such assumptions, pro-
ance under this section that subsequently be- ‘‘(ii) such dollar amount for plan years begin-
comes insolvent will be subject to the current vided that the plan discloses such changes in its
ning in the preceding calendar year.
rules and guarantee for insolvent plans. application and describes why such assumptions
If the amount determined under this subpara-
‘‘(6) INELIGIBILITY FOR OTHER ASSISTANCE.— are no longer reasonable. The plan may not pro-
graph is not a multiple of $1, such product shall
An eligible multiemployer plan that receives spe- pose a change to the interest rate otherwise re-
be rounded to the nearest multiple of $1.’’.
cial financial assistance under this section is (d) AMENDMENTS TO INTERNAL REVENUE CODE quired under this subsection for eligibility or fi-
not eligible to apply for a new suspension of OF 1986.—
nancial assistance amount.
benefits under section 305(e)(9)(G). (1) IN GENERAL.—Section 432(a) of the Internal ‘‘(D) PLANS APPLYING FOR PRIORITY CONSIDER-
‘‘(n) COORDINATION WITH SECRETARY OF THE Revenue Code of 1986 is amended— ATION.—In the case of a plan applying for spe-
TREASURY.—In prescribing the application proc- (A) by striking ‘‘and’’ at the end of paragraph cial financial assistance under rules providing
ess for eligible multiemployer plans to receive (2)(B), for temporary priority consideration, as pro-
special financial assistance under this section (B) by striking the period at the end of para- vided in paragraph (4)(C), such plan’s applica-
and reviewing applications of such plans, the graph (3)(B) and inserting ‘‘, and’’, and tion shall be submitted to the Secretary in addi-
corporation shall coordinate with the Secretary (C) by adding at the end the following new tion to the Pension Benefit Guaranty Corpora-
of the Treasury in the following manner: paragraph: tion.
‘‘(1) In the case of a plan which has sus- ‘‘(4) if the plan is an eligible multiemployer ‘‘(2) PLANS RECEIVING SPECIAL FINANCIAL AS-
pended benefits under section 305(e)(9)— plan which is applying for or receiving special SISTANCE.—In the case of an eligible multiem-
‘‘(A) in determining whether to approve the financial assistance under section 4262 of the ployer plan receiving special financial assist-
application, the corporation shall consult with Employee Retirement Income Security Act of ance under section 4262 of the Employee Retire-
dlhill on DSK120RN23PROD with HOUSE
the Secretary of the Treasury regarding the 1974, the requirements of subsection (k) shall ment Income Security Act of 1974—
plan’s proposed method of reinstating benefits, apply to the plan.’’. ‘‘(A) REINSTATEMENT OF SUSPENDED BENE-
as described in the plan’s application and in ac- (2) PLANS RECEIVING SPECIAL FINANCIAL AS- FITS.—The plan shall—
cordance with guidance issued by the Secretary SISTANCE TO BE IN CRITICAL STATUS.—Section ‘‘(i) reinstate any benefits that were sus-
of the Treasury, and 432(b) of the Internal Revenue Code of 1986 is pended under subsection (e)(9) or section 4245(a)
‘‘(B) the corporation shall consult with the amended by adding at the end the following of the Employee Retirement Income Security Act
Secretary of the Treasury regarding the amount new paragraph: of 1974, effective as of the first month in which
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1247
the effective date for the special financial assist- ‘‘(A) IN GENERAL.—For purposes of this sec- sideration is available for plans which are insol-
ance occurs, for participants and beneficiaries tion, a multiemployer plan is an eligible multi- vent within the meaning of section 418E or like-
as of such month, and employer plan if— ly to become so insolvent or for plans which
‘‘(ii) provide payments equal to the amount of ‘‘(i) the plan is in critical and declining status have suspended benefits under subsection (e)(9),
benefits previously suspended to any partici- in any plan year beginning in 2020 through or that availability is otherwise based on the
pants or beneficiaries in pay status as of the ef- 2022, funded status of the plan under this section, as
fective date of the special financial assistance, ‘‘(ii) a suspension of benefits has been ap- permitted by section 4262(d) of such Act, such
payable, as determined by the plan— proved with respect to the plan under subsection corporation shall consult with the Secretary re-
‘‘(I) as a lump sum within 3 months of such (e)(9) as of the date of the enactment of this garding any granting of priority consideration
effective date; or subsection; to such plans.’’.
‘‘(II) in equal monthly installments over a pe- ‘‘(iii) in any plan year beginning in 2020
SEC. 9705. EXTENDED AMORTIZATION FOR SIN-
riod of 5 years, commencing within 3 months of through 2022, the plan is certified by the plan GLE EMPLOYER PLANS.
such effective date, with no adjustment for in- actuary to be in critical status, has a modified
(a) 15-YEAR AMORTIZATION UNDER THE INTER-
terest. funded percentage of less than 40 percent, and
NAL REVENUE CODE OF 1986.—Section 430(c) of
‘‘(B) RESTRICTIONS ON THE USE OF SPECIAL FI- has a ratio of active to inactive participants
the Internal Revenue Code of 1986 is amended
NANCIAL ASSISTANCE.—Special financial assist- which is less than 2 to 3, or
‘‘(iv) the plan became insolvent within the by adding at the end the following new para-
ance received by the plan may be used to make graph:
benefit payments and pay plan expenses. Such meaning of section 418E after December 16, 2014,
and has remained so insolvent and has not been ‘‘(8) 15-YEAR AMORTIZATION.—With respect to
assistance shall be segregated from other plan plan years beginning after December 31, 2021
assets, and shall be invested by the plan in in- terminated as of the date of enactment of this
subsection. (or, at the election of the plan sponsor, plan
vestment-grade bonds or other investments as years beginning after December 31, 2018, Decem-
‘‘(B) MODIFIED FUNDED PERCENTAGE.—For
permitted by regulations or other guidance ber 31, 2019, or December 31, 2020)—
purposes of subparagraph (A)(iii), the term
issued by the Pension Benefit Guaranty Cor- ‘‘(A) the shortfall amortization bases for all
‘modified funded percentage’ means the percent-
poration. plan years preceding the first plan year begin-
age equal to a fraction the numerator of which
‘‘(C) CONDITIONS ON PLANS RECEIVING SPECIAL ning after December 31, 2021 (or after whichever
is current value of plan assets (as defined in
FINANCIAL ASSISTANCE.—
section 3(26) of the Employee Retirement Income earlier date is elected pursuant to this para-
‘‘(i) IN GENERAL.—The Pension Benefit Guar- graph), and all shortfall amortization install-
Security Act of 1974) and the denominator of
anty Corporation, in consultation with the Sec- ments determined with respect to such bases,
which is current liabilities (as defined in section
retary, may impose, by regulation or other guid- shall be reduced to zero, and
431(c)(6)(D)).
ance, reasonable conditions on an eligible multi-
‘‘(4) COORDINATION WITH PENSION BENEFIT ‘‘(B) subparagraphs (A) and (B) of paragraph
employer plan receiving special financial assist- GUARANTY CORPORATION.—In prescribing the ap- (2) shall each be applied by substituting ‘15-
ance relating to increases in future accrual plication process for eligible multiemployer plan-year period’ for ‘7-plan-year period’.’’.
rates and any retroactive benefit improvements, plans to receive special financial assistance (b) 15-YEAR AMORTIZATION UNDER THE EM-
allocation of plan assets, reductions in employer under section 4262 of the Employee Retirement PLOYEE RETIREMENT INCOME SECURITY ACT OF
contribution rates, diversion of contributions Income Security Act of 1974 and reviewing ap- 1974.—Section 303(c) of the Employee Retirement
and allocation of expenses to other benefit plications of such plans, the Pension Benefit Income Security Act of 1974 (29 U.S.C. 1083(c)) is
plans, and withdrawal liability. Guaranty Corporation shall coordinate with the amended by adding at the end the following
‘‘(ii) LIMITATION.—The Pension Benefit Guar- Secretary in the following manner: new paragraph:
anty Corporation shall not impose conditions on ‘‘(A) In the case of a plan which has sus-
an eligible multiemployer plan as a condition of, ‘‘(8) 15-YEAR AMORTIZATION.—With respect to
pended benefits under subsection (e)(9)— plan years beginning after December 31, 2021
or following receipt of, special financial assist- ‘‘(i) in determining whether to approve the
ance relating to— (or, at the election of the plan sponsor, plan
application, such corporation shall consult with years beginning after December 31, 2018, Decem-
‘‘(I) any prospective reduction in plan benefits the Secretary regarding the plan’s proposed
(including benefits that may be adjusted pursu- ber 31, 2019, or December 31, 2020)—
method of reinstating benefits, as described in ‘‘(A) the shortfall amortization bases for all
ant to subsection (e)(8)), the plan’s application and in accordance with
‘‘(II) plan governance, including selection of, plan years preceding the first plan year begin-
guidance issued by the Secretary, and ning after December 31, 2021 (or after whichever
removal of, and terms of contracts with, trust- ‘‘(ii) such corporation shall consult with the
ees, actuaries, investment managers, and other earlier date is elected pursuant to this para-
Secretary regarding the amount of special fi-
service providers, or graph), and all shortfall amortization install-
nancial assistance needed based on the pro-
‘‘(III) any funding rules relating to the plan. ments determined with respect to such bases,
jected funded status of the plan as of the last
‘‘(D) ASSISTANCE DISREGARDED FOR CERTAIN shall be reduced to zero, and
day of the plan year ending in 2051, whether the
PURPOSES.— plan proposes to repay benefits over 5 years or ‘‘(B) subparagraphs (A) and (B) of paragraph
‘‘(i) FUNDING STANDARDS.—Special financial as a lump sum, as required by paragraph (2) shall each be applied by substituting ‘15-
assistance received by the plan shall not be (2)(A)(ii), and any other relevant factors, as de- plan-year period’ for ‘7-plan-year period’.’’.
taken into account for determining contribu- termined by such corporation in consultation (c) EFFECTIVE DATE.—The amendments made
tions required under section 431. with the Secretary, to ensure the amount of as- by this section shall apply to plan years begin-
‘‘(ii) INSOLVENT PLANS.—If the plan becomes sistance is sufficient to meet such requirement ning after December 31, 2018.
insolvent within the meaning of section 418E and is sufficient to pay benefits as required in SEC. 9706. EXTENSION OF PENSION FUNDING
after receiving special financial assistance, the section 4262(j)(1) of such Act. STABILIZATION PERCENTAGES FOR
plan shall be subject to all rules applicable to ‘‘(B) In the case of any plan which proposes SINGLE EMPLOYER PLANS.
insolvent plans. in its application to change the assumptions (a) AMENDMENT TO INTERNAL REVENUE CODE
‘‘(E) INELIGIBILITY FOR SUSPENSION OF BENE- used, as provided in paragraph (1)(C)(iii), such OF 1986.—
FITS.—The plan shall not be eligible to apply for corporation shall consult with the Secretary re- (1) IN GENERAL.—The table contained in sub-
a new suspension of benefits under subsection garding such proposed change in assumptions. clause (II) of section 430(h)(2)(C)(iv) of the In-
(e)(9)(G). ‘‘(C) If such corporation specifies in regula- ternal Revenue Code of 1986 is amended to read
‘‘(3) ELIGIBLE MULTIEMPLOYER PLAN.— tions or guidance that temporary priority con- 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%.’’.
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(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
‘‘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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H1248 CONGRESSIONAL RECORD — HOUSE March 10, 2021
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 shall apply to all subsequent plan years unless ‘‘(II) is controlled, directly or indirectly, dur-
(I) of section 303(h)(2)(C)(iv) of such Act (29 revoked with the consent of the Secretary. ing the entire 30-year period ending on Decem-
U.S.C. 1083(h)(2)(C)(iv)(I)) is amended by add- ‘‘(4) ALTERNATIVE MINIMUM FUNDING STAND- ber 20, 2019, by individuals who are members of
ing at the end the following: ‘‘Notwithstanding ARDS.—The alternative standards described in the same family, and does not publish or dis-
anything in this subclause, if the average of the this paragraph are the following: tribute a daily newspaper that is carrier-distrib-
first, second, or third segment rate for any 25- ‘‘(A) INTEREST RATES.— uted in printed form in more than 5 States, and
year period is less than 5 percent, such average ‘‘(i) IN GENERAL.—Notwithstanding subsection ‘‘(iii) is controlled, directly or indirectly—
shall be deemed to be 5 percent.’’. (h)(2)(C) and except as provided in clause (ii), ‘‘(I) by 1 or more persons residing primarily in
(3) CONFORMING AMENDMENTS.— the first, second, and third segment rates in ef- a State in which the community newspaper has
(A) IN GENERAL.—Section 101(f)(2)(D) of such fect for any month for purposes of this section been published on newsprint or carrier-distrib-
Act (29 U.S.C. 1021(f)(2)(D)) is amended— shall be 8 percent. uted,
(i) in clause (i) by striking ‘‘and the Bipar- ‘‘(ii) NEW BENEFIT ACCRUALS.—Notwith- ‘‘(II) during the entire 30-year period ending
tisan Budget Act of 2015’’ both places it appears standing subsection (h)(2), for purposes of deter- on December 20, 2019, by individuals who are
and inserting ‘‘, the Bipartisan Budget Act of mining the funding target and normal cost of a members of the same family,
2015, and the American Rescue Plan Act of plan for any plan year, the present value of any ‘‘(III) by 1 or more trusts, the sole trustees of
2021’’, and benefits accrued or earned under the plan for a which are persons described in subclause (I) or
(ii) in clause (ii) by striking ‘‘2023’’ and insert- plan year with respect to which an election (II), or
ing ‘‘2029’’. under paragraph (1) is in effect shall be deter- ‘‘(IV) by a combination of persons described in
(B) STATEMENTS.—The Secretary of Labor mined on the basis of the United States Treas- subclause (I), (II), or (III).
shall modify the statements required under sub- ury obligation yield curve for the day that is the ‘‘(B) NEWSPAPER.—The term ‘newspaper’ does
clauses (I) and (II) of section 101(f)(2)(D)(i) of valuation date of such plan for such plan year. not include any newspaper (determined without
such Act to conform to the amendments made by ‘‘(iii) UNITED STATES TREASURY OBLIGATION regard to this subparagraph) to which any of
this section. YIELD CURVE.—For purposes of this subsection, the following apply:
(c) EFFECTIVE DATE.— the term ‘United States Treasury obligation ‘‘(i) Is not in general circulation.
(1) IN GENERAL.—The amendments made by yield curve’ means, with respect to any day, a ‘‘(ii) Is published (on newsprint or electroni-
this section shall apply with respect to plan yield curve which shall be prescribed by the Sec- cally) less frequently than 3 times per week.
years beginning after December 31, 2019. retary for such day on interest-bearing obliga- ‘‘(iii) Has not ever been regularly published on
(2) ELECTION NOT TO APPLY.—A plan sponsor tions of the United States. newsprint.
may elect not to have the amendments made by ‘‘(B) SHORTFALL AMORTIZATION BASE.— ‘‘(iv) Does not have a bona fide list of paid
this section apply to any plan year beginning ‘‘(i) PREVIOUS SHORTFALL AMORTIZATION subscribers.
before January 1, 2022, either (as specified in the BASES.—The shortfall amortization bases deter- ‘‘(C) CONTROL.—A person shall be treated as
election)— mined under subsection (c)(3) for all plan years controlled by another person if such other per-
(A) for all purposes for which such amend- preceding the first plan year to which the elec- son possesses, directly or indirectly, the power
ments apply, or tion under paragraph (1) applies (and all short- to direct or cause the direction and management
(B) solely for purposes of determining the ad- fall amortization installments determined with of such person (including the power to elect a
justed funding target attainment percentage respect to such bases) shall be reduced to zero majority of the members of the board of directors
under sections 436 of the Internal Revenue Code under rules similar to the rules of subsection of such person) through the ownership of voting
of 1986 and 206(g) of the Employee Retirement (c)(6). securities.
Income Security Act of 1974 for such plan year. ‘‘(ii) NEW SHORTFALL AMORTIZATION BASE.— ‘‘(6) CONTROLLED GROUP.—For purposes of
A plan shall not be treated as failing to meet the Notwithstanding subsection (c)(3), the shortfall this subsection, the term ‘controlled group’
requirements of sections 204(g) of such Act and amortization base for the first plan year to means all persons treated as a single employer
411(d)(6) of such Code solely by reason of an which the election under paragraph (1) applies under subsection (b), (c), (m), or (o) of section
election under this paragraph. shall be the funding shortfall of such plan for 414 as of December 20, 2019.’’.
SEC. 9707. MODIFICATION OF SPECIAL RULES such plan year (determined using the interest (b) AMENDMENT TO EMPLOYEE RETIREMENT
FOR MINIMUM FUNDING STANDARDS rates as modified under subparagraph (A)). INCOME SECURITY ACT OF 1974.—Subsection (m)
FOR COMMUNITY NEWSPAPER ‘‘(C) DETERMINATION OF SHORTFALL AMORTI- of section 303 of the Employee Retirement In-
PLANS. ZATION INSTALLMENTS.— come Security Act of 1974 (29 U.S.C. 1083(m)) is
(a) AMENDMENT TO INTERNAL REVENUE CODE ‘‘(i) 30-YEAR PERIOD.—Subparagraphs (A) and amended to read as follows:
OF 1986.—Subsection (m) of section 430 of the In- (B) of subsection (c)(2) shall be applied by sub- ‘‘(m) SPECIAL RULES FOR COMMUNITY NEWS-
ternal Revenue Code of 1986 is amended to read stituting ‘30-plan-year’ for ‘7-plan-year’ each PAPER PLANS.—
as follows: place it appears. ‘‘(1) IN GENERAL.—An eligible newspaper plan
‘‘(m) SPECIAL RULES FOR COMMUNITY NEWS- ‘‘(ii) NO SPECIAL ELECTION.—The election sponsor of a plan under which no participant
PAPER PLANS.— under subparagraph (D) of subsection (c)(2) has had the participant’s accrued benefit in-
‘‘(1) IN GENERAL.—An eligible newspaper plan shall not apply to any plan year to which the creased (whether because of service or com-
sponsor of a plan under which no participant election under paragraph (1) applies. pensation) after April 2, 2019, may elect to have
has had the participant’s accrued benefit in- ‘‘(D) EXEMPTION FROM AT-RISK TREATMENT.— the alternative standards described in para-
creased (whether because of service or com- Subsection (i) shall not apply. graph (4) apply to such plan.
pensation) after April 2, 2019, may elect to have ‘‘(5) COMMUNITY NEWSPAPER PLAN.—For pur- ‘‘(2) ELIGIBLE NEWSPAPER PLAN SPONSOR.—
the alternative standards described in para- poses of this subsection— The term ‘eligible newspaper plan sponsor’
graph (4) apply to such plan. ‘‘(A) IN GENERAL.—The term ‘community means the plan sponsor of—
‘‘(2) ELIGIBLE NEWSPAPER PLAN SPONSOR.— newspaper plan’ means any plan to which this ‘‘(A) any community newspaper plan, or
The term ‘eligible newspaper plan sponsor’ section applies maintained as of December 31, ‘‘(B) any other plan sponsored, as of April 2,
means the plan sponsor of— 2018, by an employer which— 2019, by a member of the same controlled group
‘‘(A) any community newspaper plan, or ‘‘(i) maintains the plan on behalf of partici- of a plan sponsor of a community newspaper
‘‘(B) any other plan sponsored, as of April 2, pants and beneficiaries with respect to employ- plan if such member is in the trade or business
2019, by a member of the same controlled group ment in the trade or business of publishing 1 or of publishing 1 or more newspapers.
dlhill on DSK120RN23PROD with HOUSE
of a plan sponsor of a community newspaper more newspapers which were published by the ‘‘(3) ELECTION.—An election under paragraph
plan if such member is in the trade or business employer at any time during the 11-year period (1) shall be made at such time and in such man-
of publishing 1 or more newspapers. ending on December 20, 2019, ner as prescribed by the Secretary of the Treas-
‘‘(3) ELECTION.—An election under paragraph ‘‘(ii)(I) is not a company the stock of which is ury. Such election, once made with respect to a
(1) shall be made at such time and in such man- publicly traded (on a stock exchange or in an plan year, shall apply to all subsequent plan
ner as prescribed by the Secretary. Such elec- over-the-counter market), and is not controlled, years unless revoked with the consent of the
tion, once made with respect to a plan year, directly or indirectly, by such a company, or Secretary of the Treasury.
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1249
‘‘(4) ALTERNATIVE MINIMUM FUNDING STAND- ‘‘(IV) by a combination of persons described in percentage for the State for the fiscal year were
ARDS.—The alternative standards described in subclause (I), (II), or (III). 100 percent.
this paragraph are the following: ‘‘(B) NEWSPAPER.—The term ‘newspaper’ does (c) FUNDING FOR THE TERRITORIES.—Section
‘‘(A) INTEREST RATES.— not include any newspaper (determined without 418(a)(4) of such Act (42 U.S.C. 618(a)(4)) is
‘‘(i) IN GENERAL.—Notwithstanding subsection regard to this subparagraph) to which any of amended to read as follows:
(h)(2)(C) and except as provided in clause (ii), the following apply: ‘‘(4) TERRITORIES.—
the first, second, and third segment rates in ef- ‘‘(i) Is not in general circulation. ‘‘(A) GRANTS.—The Secretary shall use the
fect for any month for purposes of this section ‘‘(ii) Is published (on newsprint or electroni- amounts made available by paragraph (3)(C) to
shall be 8 percent. cally) less frequently than 3 times per week. make grants to the territories under this para-
‘‘(ii) NEW BENEFIT ACCRUALS.—Notwith- ‘‘(iii) Has not ever been regularly published on graph.
standing subsection (h)(2), for purposes of deter- newsprint. ‘‘(B) ALLOTMENTS.—The amount described in
mining the funding target and normal cost of a ‘‘(iv) Does not have a bona fide list of paid subparagraph (A) shall be allotted among the
plan for any plan year, the present value of any subscribers. territories in proportion to their respective
benefits accrued or earned under the plan for a ‘‘(C) CONTROL.—A person shall be treated as needs.
plan year with respect to which an election controlled by another person if such other per- ‘‘(C) REDISTRIBUTION.—The 1st sentence of
under paragraph (1) is in effect shall be deter- son possesses, directly or indirectly, the power clause (i) and clause (ii) of paragraph (2)(D)
mined on the basis of the United States Treas- to direct or cause the direction and management shall apply with respect to the amounts allotted
ury obligation yield curve for the day that is the of such person (including the power to elect a to the territories under this paragraph, except
valuation date of such plan for such plan year. majority of the members of the board of directors that the 2nd sentence of paragraph (2)(D) shall
‘‘(iii) UNITED STATES TREASURY OBLIGATION of such person) through the ownership of voting not apply and the amounts allotted to the terri-
YIELD CURVE.—For purposes of this subsection, securities. tories that are available for redistribution for a
the term ‘United States Treasury obligation ‘‘(6) CONTROLLED GROUP.—For purposes of fiscal year shall be redistributed to each terri-
yield curve’ means, with respect to any day, a this subsection, the term ‘controlled group’ tory that applies for the additional amounts, to
yield curve which shall be prescribed by the Sec- means all persons treated as a single employer the extent that the Secretary determines that
retary of the Treasury for such day on interest- under subsection (b), (c), (m), or (o) of section the territory will be able to use the additional
bearing obligations of the United States. 414 of the Internal Revenue Code of 1986 as of amounts to provide child care assistance, in an
‘‘(B) SHORTFALL AMORTIZATION BASE.— December 20, 2019. amount that bears the same ratio to the amount
‘‘(i) PREVIOUS SHORTFALL AMORTIZATION ‘‘(7) EFFECT ON PREMIUM RATE CALCULA- so available for redistribution as the amount al-
BASES.—The shortfall amortization bases deter- TION.—In the case of a plan for which an elec- lotted to the territory for the fiscal year bears to
mined under subsection (c)(3) for all plan years tion is made to apply the alternative standards the total amount allotted to all the territories re-
preceding the first plan year to which the elec- described in paragraph (3), the additional pre- ceiving redistributed funds under this para-
tion under paragraph (1) applies (and all short- mium under section 4006(a)(3)(E) shall be deter- graph for the fiscal year.
fall amortization installments determined with mined as if such election had not been made.’’. ‘‘(D) INAPPLICABILITY OF PAYMENT LIMITA-
respect to such bases) shall be reduced to zero (c) EFFECTIVE DATE.—The amendments made TION.— Section 1108(a) shall not apply with re-
under rules similar to the rules of subsection by this section shall apply to plan years ending spect to any amount paid under this paragraph.
(c)(6). after December 31, 2017. ‘‘(E) TERRITORY.—In this paragraph, the term
‘‘(ii) NEW SHORTFALL AMORTIZATION BASE.— ‘territory’ means the Commonwealth of Puerto
SEC. 9708. EXPANSION OF LIMITATION ON EXCES-
Notwithstanding subsection (c)(3), the shortfall SIVE EMPLOYEE REMUNERATION. Rico, the United States Virgin Islands, Guam,
amortization base for the first plan year to American Samoa, and the Commonwealth of the
Paragraph (3) of section 162(m) of the Internal
which the election under paragraph (1) applies Northern Mariana Islands.’’.
Revenue Code of 1986 is amended—
shall be the funding shortfall of such plan for (1) by redesignating subparagraph (C) as sub- Subtitle J—Medicaid
such plan year (determined using the interest paragraph (D), SEC. 9811. MANDATORY COVERAGE OF COVID–19
rates as modified under subparagraph (A)). (2) by striking ‘‘or’’ at the end of subpara- VACCINES AND ADMINISTRATION
‘‘(C) DETERMINATION OF SHORTFALL AMORTI- graph (B), AND TREATMENT UNDER MEDICAID.
ZATION INSTALLMENTS.— (3) by inserting after subparagraph (B) the (a) COVERAGE.—
‘‘(i) 30-YEAR PERIOD.—Subparagraphs (A) and following new subparagraph: (1) IN GENERAL.—Section 1905(a)(4) of the So-
(B) of subsection (c)(2) shall be applied by sub- ‘‘(C) in the case of taxable years beginning cial Security Act (42 U.S.C. 1396d(a)(4)) is
stituting ‘30-plan-year’ for ‘7-plan-year’ each after December 31, 2026, such employee is among amended by striking the semicolon at the end
place it appears. the 5 highest compensated employees for the and inserting ‘‘; and (E) during the period be-
‘‘(ii) NO SPECIAL ELECTION.—The election taxable year other than any individual de- ginning on the date of the enactment of the
under subparagraph (D) of subsection (c)(2) scribed in subparagraph (A) or (B), or’’, and American Rescue Plan Act of 2021 and ending
shall not apply to any plan year to which the (4) by striking ‘‘employee’’ in subparagraph on the last day of the first calendar quarter that
election under paragraph (1) applies. (D), as so redesignated, and inserting ‘‘employee begins one year after the last day of the emer-
‘‘(D) EXEMPTION FROM AT-RISK TREATMENT.— described in subparagraph (A) or (B)’’. gency period described in section 1135(g)(1)(B), a
Subsection (i) shall not apply. COVID–19 vaccine and administration of the
Subtitle I—Child Care for Workers
‘‘(5) COMMUNITY NEWSPAPER PLAN.—For pur- vaccine; and (F) during the period beginning on
poses of this subsection— SEC. 9801. CHILD CARE ASSISTANCE. the date of the enactment of the American Res-
‘‘(A) IN GENERAL.—The term ‘community (a) APPROPRIATION.— cue Plan Act of 2021 and ending on the last day
newspaper plan’ means a plan to which this sec- (1) IN GENERAL.—Section 418(a)(3) of the So- of the first calendar quarter that begins one
tion applies maintained as of December 31, 2018, cial Security Act (42 U.S.C. 618(a)(3)) is amend- year after the last day of the emergency period
by an employer which— ed to read as follows: described in section 1135(g)(1)(B), testing and
‘‘(i) maintains the plan on behalf of partici- ‘‘(3) APPROPRIATION.—For grants under this treatments for COVID–19, including specialized
pants and beneficiaries with respect to employ- section, there are appropriated $3,550,000,000 for equipment and therapies (including preventive
ment in the trade or business of publishing 1 or each fiscal year, of which— therapies), and, without regard to the require-
more newspapers which were published by the ‘‘(A) $3,375,000,000 shall be available for ments of section 1902(a)(10)(B) (relating to com-
employer at any time during the 11-year period grants to States; parability), in the case of an individual who is
ending on December 20, 2019, ‘‘(B) $100,000,000 shall be available for grants diagnosed with or presumed to have COVID–19,
‘‘(ii)(I) is not a company the stock of which is to Indian tribes and tribal organizations; and during the period such individual has (or is pre-
publicly traded (on a stock exchange or in an ‘‘(C) $75,000,000 shall be available for grants sumed to have) COVID–19, the treatment of a
over-the-counter market), and is not controlled, to territories.’’. condition that may seriously complicate the
directly or indirectly, by such a company, or (2) CONFORMING AMENDMENT.—Section treatment of COVID–19, if otherwise covered
‘‘(II) is controlled, directly, or indirectly, dur- 418(a)(2)(A) of such Act (42 U.S.C. 618(a)(2)(A)) under the State plan (or waiver of such plan);’’.
ing the entire 30-year period ending on Decem- is amended by striking ‘‘paragraph (3), and re- (2) MAKING COVID–19 VACCINE AVAILABLE TO
ber 20, 2019, by individuals who are members of maining after the reservation described in para- ADDITIONAL ELIGIBILITY GROUPS AND TREATMENT
the same family, and does not publish or dis- graph (4) and’’ and inserting ‘‘paragraph AVAILABLE TO CERTAIN UNINSURED.—Section
tribute a daily newspaper that is carrier-distrib- (3)(A),’’. 1902(a)(10) of such Act (42 U.S.C. 1396a(a)(10)) is
uted in printed form in more than 5 States, and (b) MODIFICATION OF STATE MATCH REQUIRE- amended in the matter following subparagraph
‘‘(iii) is controlled, directly, or indirectly— MENT FOR FUNDING INCREASES IN FISCAL YEARS (G)—
‘‘(I) by 1 or more persons residing primarily in 2021 AND 2022.—With respect to the amounts (A) by striking ‘‘and to other conditions
a State in which the community newspaper has made available by section 418(a)(3) of the Social which may complicate pregnancy, (VIII)’’ and
been published on newsprint or carrier-distrib- Security Act for each of fiscal years 2021 and inserting ‘‘, medical assistance for services re-
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uted, 2022, section 418(a)(2)(C) of such Act shall be lated to other conditions which may complicate
‘‘(II) during the entire 30-year period ending applied and administered with respect to any pregnancy, and medical assistance for vaccines
on December 20, 2019, by individuals who are State that is entitled to receive the entire described in section 1905(a)(4)(E) and the ad-
members of the same family, amount that would be allotted to the State ministration of such vaccines during the period
‘‘(III) by 1 or more trusts, the sole trustees of under section 418(a)(2)(B) of such Act for the described in such section, (VIII)’’;
which are persons described in subclause (I) or fiscal year in the manner authorized for fiscal (B) by inserting ‘‘and medical assistance for
(II), or year 2020, as if the Federal medical assistance vaccines described in section 1905(a)(4)(E) and
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H1250 CONGRESSIONAL RECORD — HOUSE March 10, 2021
the administration of such vaccines during the (i) in clause (xi), by striking ‘‘any visit’’ and cluding preventive therapies), and, in the case
period described in such section’’ after ‘‘(de- inserting ‘‘any service’’; and of such an individual who is diagnosed with or
scribed in subsection (z)(2))’’; (ii) by adding at the end the following presumed to have COVID–19, during the period
(C) by inserting ‘‘and medical assistance for clauses: such individual has (or is presumed to have)
vaccines described in section 1905(a)(4)(E) and ‘‘(xii) During the period beginning on the date COVID–19, the treatment of a condition that
the administration of such vaccines during the of the enactment of this clause and ending on may seriously complicate the treatment of
period described in such section’’ after ‘‘de- the last day of the first calendar quarter that COVID–19, if otherwise covered under the State
scribed in subsection (k)(1)’’; begins one year after the last day of the emer- plan (or waiver of such plan).’’.
(D) by inserting ‘‘and medical assistance for gency period described in section 1135(g)(1)(B), a (b) TEMPORARY INCREASE IN FEDERAL PAY-
vaccines described in section 1905(a)(4)(E) and COVID–19 vaccine and the administration of MENTS FOR COVERAGE AND ADMINISTRATION OF
the administration of such vaccines during the such vaccine (for any individual eligible for COVID–19 VACCINES.—Section 1905 of the Social
period described in such section’’ after ‘‘family medical assistance for such vaccine (and admin- Security Act (42 U.S.C. 1396d) is amended—
planning setting’’; istration)). (1) in subsection (b), by striking ‘‘and (ff)’’
(E) 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 one year after the last day of the emer- section (hh)’’ after ‘‘or (z)(2)’’ and
nished during any such portion, any vaccine de- gency period described in section 1135(g)(1)(B), (3) by adding at the end the following new
scribed in section 1905(a)(4)(E) (and the admin- testing and treatments for COVID–19, including subsection:
istration of such vaccine) that is furnished dur- specialized equipment and therapies (including ‘‘(hh) TEMPORARY INCREASED FMAP FOR
ing any such portion, and testing and treat- preventive therapies), and, in the case of an in- MEDICAL ASSISTANCE FOR COVERAGE AND AD-
ments for COVID–19, including specialized dividual who is diagnosed with or presumed to MINISTRATION OF COVID–19 VACCINES.—
equipment and therapies (including preventive have COVID–19, during the period during which ‘‘(1) IN GENERAL.—Notwithstanding any other
therapies), and, in the case of an individual such individual has (or is presumed to have) provision of this title, during the period de-
who is diagnosed with or presumed to have COVID–19, the treatment of a condition that scribed in paragraph (2), the Federal medical
COVID–19, during the period such individual may seriously complicate the treatment of assistance percentage for a State, with respect
has (or is presumed to have) COVID–19, the COVID–19, if otherwise covered under the State to amounts expended by the State for medical
treatment of a condition that may seriously plan (or waiver of such plan).’’. assistance for a vaccine described in subsection
(4) INCLUSION IN THE MEDICAID DRUG REBATE (a)(4)(E) (and the administration of such a vac-
complicate the treatment of COVID–19, if other-
PROGRAM OF COVERED OUTPATIENT DRUGS USED
wise covered under the State plan (or waiver of cine), shall be equal to 100 percent.
FOR COVID–19 TREATMENT.—
such plan)’’; and ‘‘(2) PERIOD DESCRIBED.—The period described
(A) IN GENERAL.—The requirements of section
(F) by striking the semicolon at the end and in this paragraph is the period that—
1927 of the Social Security Act (42 U.S.C. 1396r–
inserting ‘‘, and (XIX) medical assistance shall ‘‘(A) begins on the first day of the first quar-
8) shall apply to any drug or biological product
be made available during the period described in ter beginning after the date of the enactment of
to which subparagraph (F) of section 1905(a)(4)
section 1905(a)(4)(E) for vaccines described in this subsection; and
of such Act, as added by paragraph (1), applies ‘‘(B) ends on the last day of the first quarter
such section and the administration of such or to which the subclause (XVIII) in the matter
vaccines, for any individual who is eligible for that begins one year after the last day of the
following subparagraph (G) of section
and receiving medical assistance under the State emergency period described in section
1902(a)(10) of such Act, as added by paragraph
plan or under a waiver of such plan (other than 1135(g)(1)(B).
(2), applies that is— ‘‘(3) E XCLUSION OF EXPENDITURES FROM TER-
an individual who is eligible for medical assist- (i) furnished as medical assistance in accord-
ance consisting only of payment of premiums RITORIAL CAPS.—Any payment made to a terri-
ance with section 1902(a)(10)(A) of such Act and
pursuant to subparagraph (E) or (F) or section tory for expenditures for medical assistance
such subparagraph (F) or subclause (XVIII)
1933), notwithstanding any provision of this under subsection (a)(4)(E) that are subject to
and section 1902(a)(10)(A) of such Act, as appli-
title or waiver under section 1115 impacting such the Federal medical assistance percentage speci-
cable, for the treatment, or prevention, of
individual’s eligibility for medical assistance fied under paragraph (1) shall not be taken into
COVID–19, as described in such subparagraph
under such plan or waiver to coverage for a lim- account for purposes of applying payment limits
or subclause, respectively; and
ited type of benefits and services that would not (ii) a covered outpatient drug (as defined in under subsections (f) and (g) of section 1108.’’.
otherwise include coverage of a COVID–19 vac- section 1927(k) of such Act, except that, in ap- SEC. 9812. MODIFICATIONS TO CERTAIN COV-
cine and its administration;’’. ERAGE UNDER MEDICAID FOR PREG-
plying paragraph (2)(A) of such section to a
(3) PROHIBITION OF COST SHARING.— NANT AND POSTPARTUM WOMEN.
drug to which such subparagraph (F) or such
(A) IN GENERAL.—Subsections (a)(2) and (b)(2) (a) STATE OPTION.—Section 1902(e) of the So-
subclause (XVIII) applies, such drug shall be
of section 1916 of the Social Security Act (42 cial Security Act (42 U.S.C. 1396a(e)) is amended
deemed a prescribed drug for purposes of section
U.S.C. 1396o) are each amended— by adding at the end the following new para-
1905(a)(12) of such Act).
(i) in subparagraph (F), by striking ‘‘or’’ at (B) CONFORMING AMENDMENT.—Section graph:
the end; 1927(d)(7) of the Social Security Act (42 U.S.C. ‘‘(16) EXTENDING CERTAIN COVERAGE FOR
(ii) in subparagraph (G), by striking ‘‘; and’’; PREGNANT AND POSTPARTUM WOMEN.—
1396r–8(d)(7)) is amended by adding at the end
and the following new subparagraph: ‘‘(A) IN GENERAL.—At the option of the State,
(iii) by adding at the end the following sub- ‘‘(E) Drugs and biological products to which the State plan (or waiver of such State plan)
paragraphs: section 1905(a)(4)(F) and subclause (XVIII) in may provide, that an individual who, while
‘‘(H) during the period beginning on the date the matter following subparagraph (G) of sec- pregnant, is eligible for and has received med-
of the enactment of this subparagraph and end- tion 1902(a)(10) apply that are furnished as ical assistance under the State plan approved
ing on the last day of the first calendar quarter medical assistance in accordance with such sec- under this title (or a waiver of such plan) (in-
that begins one year after the last day of the tion or clause, respectively, for the treatment or cluding during a period of retroactive eligibility
emergency period described in section prevention, of COVID–19, as described in such under subsection (a)(34)) shall, in addition to
1135(g)(1)(B), a COVID–19 vaccine and the ad- subparagraph or subclause, respectively, and remaining eligible under paragraph (5) for all
ministration of such vaccine (for any individual section 1902(a)(10)(A).’’. pregnancy-related and postpartum medical as-
eligible for medical assistance for such vaccine (5) ALTERNATIVE BENEFIT PLANS.—Section sistance available under the State plan (or
(and administration)); or 1937(b) of the Social Security Act (42 U.S.C. waiver) through the last day of the month in
‘‘(I) during the period beginning on the date 1396u–7(b)) is amended by adding at the end the which the 60-day period (beginning on the last
of the enactment of this subparagraph and end- following new paragraph: day of her pregnancy) ends, remain eligible
ing on the last day of the first calendar quarter ‘‘(8) COVID–19 VACCINES, TESTING, AND under the State plan (or waiver) for medical as-
that begins one year after the last day of the TREATMENT.—Notwithstanding the previous pro- sistance for the period beginning on the first
emergency period described in section visions of this section, a State may not provide day occurring after the end of such 60-day pe-
1135(g)(1)(B), testing and treatments for for medical assistance through enrollment of an riod and ending on the last day of the month in
COVID–19, including specialized equipment and individual with benchmark coverage or bench- which the 12-month period (beginning on the
therapies (including preventive therapies), and, mark-equivalent coverage under this section un- last day of her pregnancy) ends.
in the case of an individual who is diagnosed less, during the period beginning on the date of ‘‘(B) FULL BENEFITS DURING PREGNANCY AND
with or presumed to have COVID–19, during the the enactment of the American Rescue Plan Act THROUGHOUT THE 12-MONTH POSTPARTUM PE-
period during which such individual has (or is of 2021 and ending on the last day of the first RIOD.—The medical assistance provided for a
presumed to have) COVID–19, the treatment of calendar quarter that begins one year after the pregnant or postpartum individual by a State
a condition that may seriously complicate the last day of the emergency period described in making an election under this paragraph, with-
dlhill on DSK120RN23PROD with HOUSE
treatment of COVID–19, if otherwise covered section 1135(g)(1)(B), such coverage includes out regard to the basis on which the individual
under the State plan (or waiver of such plan); (and does not impose any deduction, cost shar- is eligible for medical assistance under the State
and’’. ing, or similar charge for)— plan (or waiver), shall—
(B) APPLICATION TO ALTERNATIVE COST SHAR- ‘‘(A) COVID–19 vaccines and administration ‘‘(i) include all items and services covered
ING.—Section 1916A(b)(3)(B) of the Social Secu- of the vaccines; and under the State plan (or waiver) that are not
rity Act (42 U.S.C. 1396o–1(b)(3)(B)) is amend- ‘‘(B) testing and treatments for COVID–19, in- less in amount, duration, or scope, or are deter-
ed— cluding specialized equipment and therapies (in- mined by the Secretary to be substantially
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1251
equivalent, to the medical assistance available ‘‘(E) that maintains the privacy and confiden- first calendar quarter during which a qualifying
for an individual described in subsection tiality of patient information consistent with State (as defined in paragraph (3)) expends
(a)(10)(A)(i); and Federal and State requirements; and amounts for all individuals described in section
‘‘(ii) be provided for the individual while preg- ‘‘(3) available 24 hours per day, every day of 1902(a)(10)(A)(i)(VIII) under the State plan (or
nant and during the 12-month period that be- the year. waiver of such plan), the Federal medical assist-
gins on the last day of the individual’s preg- ‘‘(c) PAYMENTS.—Notwithstanding section ance percentage determined under subsection (b)
nancy and ends on the last day of the month in 1905(b) or 1905(ff) and subject to subsections (y) for such State shall, after application of any in-
which such 12-month period ends. and (z) of section 1905, during each of the first crease, if applicable, under section 6008 of the
‘‘(C) COVERAGE UNDER CHIP.—A State making 12 fiscal quarters occurring during the period Families First Coronavirus Response Act, be in-
an election under this paragraph that covers described in subsection (a) that a State meets creased by 5 percentage points, except for any
under title XXI child health assistance for tar- the requirements described in subsection (d), the quarter (and each subsequent quarter) during
geted low-income children who are pregnant or Federal medical assistance percentage applica- such period during which the State ceases to
targeted low-income pregnant women, as appli- ble to amounts expended by the State for med- provide medical assistance to any such indi-
cable, shall also make the election under section ical assistance for qualifying community-based vidual under the State plan (or waiver of such
2107(e)(1)(J) of such title.’’. mobile crisis intervention services furnished dur- plan).
(b) EFFECTIVE DATE.—The amendment made ing such quarter shall be equal to 85 percent. In ‘‘(2) SPECIAL APPLICATION RULES.—Any in-
by subsection (a) shall apply with respect to no case shall the application of the previous crease described in paragraph (1) (or payment
State elections made under paragraph (16) of sentence result in the Federal medical assistance made for expenditures on medical assistance
section 1902(e) of the Social Security Act (42 percentage applicable to amounts expended by a that are subject to such increase)—
U.S.C. 1396a(e)), as added by subsection (a), State for medical assistance for such qualifying ‘‘(A) shall not apply with respect to dispropor-
during the 5-year period beginning on the 1st community-based mobile crisis intervention serv- tionate share hospital payments described in
day of the 1st fiscal year quarter that begins one ices furnished during a quarter being less than section 1923;
year after the date of the enactment of this Act. the Federal medical assistance percentage that ‘‘(B) shall not be taken into account in calcu-
SEC. 9813. STATE OPTION TO PROVIDE QUALI- would apply to such amounts expended by the lating the enhanced FMAP of a State under sec-
FYING COMMUNITY-BASED MOBILE State for such services furnished during such tion 2105;
CRISIS INTERVENTION SERVICES. quarter without application of the previous sen- ‘‘(C) shall not be taken into account for pur-
Title XIX of the Social Security Act is amend- tence. poses of part A, D, or E of title IV; and
ed by adding after section 1946 (42 U.S.C. 1396w– ‘‘(d) REQUIREMENTS.—The requirements de- ‘‘(D) shall not be taken into account for pur-
5) the following new section: scribed in this subsection are the following: poses of applying payment limits under sub-
‘‘SEC. 1947. STATE OPTION TO PROVIDE QUALI- ‘‘(1) The State demonstrates, to the satisfac- sections (f) and (g) of section 1108.
FYING COMMUNITY-BASED MOBILE tion of the Secretary that it will be able to sup- ‘‘(3) DEFINITION.—For purposes of this sub-
CRISIS INTERVENTION SERVICES. port the provision of qualifying community- section, the term ‘qualifying State’ means a
‘‘(a) IN GENERAL.—Notwithstanding section based mobile crisis intervention services that State which has not expended amounts for all
1902(a)(1) (relating to Statewideness), section meet the conditions specified in subsection (b). individuals described in section
1902(a)(10)(B) (relating to comparability), sec- ‘‘(2) The State provides assurances satisfac- 1902(a)(10)(A)(i)(VIII) before the date of the en-
tion 1902(a)(23)(A) (relating to freedom of choice tory to the Secretary that— actment of this subsection.’’.
of providers), or section 1902(a)(27) (relating to ‘‘(A) any additional Federal funds received by
SEC. 9815. EXTENSION OF 100 PERCENT FEDERAL
provider agreements), a State may, during the 5- the State for qualifying community-based mobile MEDICAL ASSISTANCE PERCENTAGE
year period beginning on the first day of the crisis intervention services provided under this TO URBAN INDIAN HEALTH ORGANI-
first fiscal year quarter that begins on or after section that are attributable to the increased ZATIONS AND NATIVE HAWAIIAN
the date that is 1 year after the date of the en- Federal medical assistance percentage under HEALTH CARE SYSTEMS.
actment of this section, provide medical assist- subection (c) will be used to supplement, and Section 1905(b) of the Social Security Act (42
ance for qualifying community-based mobile cri- not supplant, the level of State funds expended U.S.C. 1396d(b)) is amended by inserting after
sis intervention services. for such services for the fiscal year preceding ‘‘(as defined in section 4 of the Indian Health
‘‘(b) QUALIFYING COMMUNITY-BASED MOBILE the first fiscal quarter occurring during the pe- Care Improvement Act)’’ the following: ‘‘; for
CRISIS INTERVENTION SERVICES DEFINED.—For riod described in subsection (a); the 8 fiscal year quarters beginning with the
purposes of this section, the term ‘qualifying ‘‘(B) if the State made qualifying community- first fiscal year quarter beginning after the date
community-based mobile crisis intervention serv- based mobile crisis intervention services avail- of the enactment of the American Rescue Plan
ices’ means, with respect to a State, items and able in a region of the State in such fiscal year, Act of 2021, the Federal medical assistance per-
services for which medical assistance is avail- the State will continue to make such services centage shall also be 100 per centum with re-
able under the State plan under this title or a available in such region under this section dur- spect to amounts expended as medical assistance
waiver of such plan, that are— ing each month occurring during the period de- for services which are received through an
‘‘(1) furnished to an individual otherwise eli- scribed in subsection (a) for which the Federal Urban Indian organization (as defined in para-
gible for medical assistance under the State plan medical assistance percentage under subsection graph (29) of section 4 of the Indian Health
(or waiver of such plan) who is— (c) is applicable with respect to the State. Care Improvement Act) that has a grant or con-
‘‘(A) outside of a hospital or other facility set- ‘‘(e) FUNDING FOR STATE PLANNING GRANTS.— tract with the Indian Health Service under title
ting; and There is appropriated, out of any funds in the V of such Act; and, for such 8 fiscal year quar-
‘‘(B) experiencing a mental health or sub- Treasury not otherwise appropriated, $15,000,000 ters, the Federal medical assistance percentage
stance use disorder crisis; to the Secretary for purposes of implementing, shall also be 100 per centum with respect to
‘‘(2) furnished by a multidisciplinary mobile administering, and making planning grants to amounts expended as medical assistance for
crisis team— States as soon as practicable for purposes of de- services which are received through a Native
‘‘(A) that includes at least 1 behavioral health veloping a State plan amendment or section Hawaiian Health Center (as defined in section
care professional who is capable of conducting 1115, 1915(b), or 1915(c) waiver request (or an 12(4) of the Native Hawaiian Health Care Im-
an assessment of the individual, in accordance amendment to such a waiver) to provide quali- provement Act) or a qualified entity (as defined
with the professional’s permitted scope of prac- fying community-based mobile crisis interven- in section 6(b) of such Act) that has a grant or
tice under State law, and other professionals or tion services under this section, to remain avail- contract with the Papa Ola Lokahi under sec-
paraprofessionals with appropriate expertise in able until expended.’’. tion 8 of such Act’’.
behavioral health or mental health crisis re- SEC. 9814. TEMPORARY INCREASE IN FMAP FOR
SEC. 9816. SUNSET OF LIMIT ON MAXIMUM RE-
MEDICAL ASSISTANCE UNDER STATE
sponse, including nurses, social workers, peer BATE AMOUNT FOR SINGLE SOURCE
MEDICAID PLANS WHICH BEGIN TO
support specialists, and others, as designated by EXPEND AMOUNTS FOR CERTAIN
DRUGS AND INNOVATOR MULTIPLE
the State through a State plan amendment (or SOURCE DRUGS.
MANDATORY INDIVIDUALS.
waiver of such plan); Section 1905 of the Social Security Act (42 Section 1927(c)(2)(D) of the Social Security Act
‘‘(B) whose members are trained in trauma-in- U.S.C. 1396d), as amended by section 9811 of this (42 U.S.C. 1396r–8(c)(2)(D)) is amended by in-
formed care, de-escalation strategies, and harm subtitle, is further amended— serting after ‘‘December 31, 2009,’’ the following:
reduction; (1) in subsection (b), in the first sentence, by ‘‘and before January 1, 2024,’’.
‘‘(C) that is able to respond in a timely man- striking ‘‘and (hh)’’ and inserting ‘‘(hh), and SEC. 9817. ADDITIONAL SUPPORT FOR MEDICAID
ner and, where appropriate, provide— (ii)’’; HOME AND COMMUNITY-BASED
‘‘(i) screening and assessment; (2) in subsection (ff), by striking ‘‘subject to SERVICES DURING THE COVID–19
‘‘(ii) stabilization and de-escalation; and EMERGENCY.
subsection (hh)’’ and inserting ‘‘subject to sub-
‘‘(iii) coordination with, and referrals to, sections (hh) and (ii)’’; and (a) INCREASED FMAP.—
health, social, and other services and supports (3) by adding at the end the following new (1) IN GENERAL.—Notwithstanding section
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as needed, and health services as needed; subsection: 1905(b) of the Social Security Act (42 U.S.C.
‘‘(D) that maintains relationships with rel- ‘‘(ii) TEMPORARY INCREASE IN FMAP FOR 1396d(b)) or section 1905(ff), in the case of a
evant community partners, including medical MEDICAL ASSISTANCE UNDER STATE MEDICAID State that meets the HCBS program require-
and behavioral health providers, primary care PLANS WHICH BEGIN TO EXPEND AMOUNTS FOR ments under subsection (b), the Federal medical
providers, community health centers, crisis res- CERTAIN MANDATORY INDIVIDUALS.— assistance percentage determined for the State
pite centers, and managed care organizations (if ‘‘(1) IN GENERAL.—For each quarter occurring under section 1905(b) of such Act (or, if applica-
applicable); and during the 8-quarter period beginning with the ble, under section 1905(ff)) and, if applicable,
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H1252 CONGRESSIONAL RECORD — HOUSE March 10, 2021
increased under subsection (y), (z), (aa), or (ii) (2) REQUIRED IMPLEMENTATION OF CERTAIN low-income pregnant woman (as such terms are
of section 1905 of such Act (42 U.S.C. 1396d), sec- ACTIVITIES.—The State shall implement, or sup- defined for purposes of such section), shall in-
tion 1915(k) of such Act (42 U.S.C. 1396n(k)), or plement the implementation of, one or more ac- clude coverage, during the period beginning on
section 6008(a) of the Families First Coronavirus tivities to enhance, expand, or strengthen home the date of the enactment of this paragraph and
Response Act (Public Law 116–127), shall be in- and community-based services under the State ending on the last day of the first calendar
creased by 10 percentage points with respect to Medicaid program. quarter that begins one year after the last day
expenditures of the State under the State Med- SEC. 9818. FUNDING FOR STATE STRIKE TEAMS of the emergency period described in section
icaid program for home and community-based FOR RESIDENT AND EMPLOYEE 1135(g)(1)(B), of—
services (as defined in paragraph (2)(B)) that SAFETY IN NURSING FACILITIES. ‘‘(A) a COVID–19 vaccine (and the adminis-
are provided during the HCBS program improve- Section 1919 of the Social Security Act (42 tration of the vaccine); and
ment period (as defined in paragraph (2)(A)). In U.S.C. 1396r) is amended by adding at the end ‘‘(B) testing and treatments for COVID–19, in-
no case may the application of the previous sen- the following new subsection: cluding specialized equipment and therapies (in-
tence result in the Federal medical assistance ‘‘(k) FUNDING FOR STATE STRIKE TEAMS.—In cluding preventive therapies), and, in the case
percentage determined for a State being more addition to amounts otherwise available, there of an individual who is diagnosed with or pre-
than 95 percent with respect to such expendi- is appropriated to the Secretary, out of any sumed to have COVID–19, during the period
tures. Any payment made to Puerto Rico, the monies in the Treasury not otherwise appro- during which such individual has (or is pre-
Virgin Islands, Guam, the Northern Mariana Is- priated, $250,000,000, to remain available until sumed to have) COVID–19, the treatment of a
lands, or American Samoa for expenditures on expended, for purposes of allocating such condition that may seriously complicate the
medical assistance that are subject to the Fed- amount among the States (including the District treatment of COVID–19, if otherwise covered
eral medical assistance percentage increase of Columbia and each territory of the United under the State child health plan (or waiver of
specified under the first sentence of this para- States) for such a State to establish and imple- such plan).’’.
graph shall not be taken into account for pur- ment a strike team that will be deployed to a (2) PROHIBITION OF COST SHARING.—Section
poses of applying payment limits under sub- nursing facility in the State with diagnosed or 2103(e)(2) of the Social Security Act (42 U.S.C.
sections (f) and (g) of section 1108 of the Social suspected cases of COVID–19 among residents or 1397cc(e)(2)), as amended by section 6004(b)(3) of
Security Act (42 U.S.C. 1308). staff for the purposes of assisting with clinical the Families First Coronavirus Response Act, is
(2) DEFINITIONS.—In this section: care, infection control, or staffing during the amended—
(A) HCBS PROGRAM IMPROVEMENT PERIOD.— emergency period described in section (A) in the paragraph header, by inserting ‘‘A
The term ‘‘HCBS program improvement period’’ 1135(g)(1)(B) and the 1-year period immediately COVID–19 VACCINE, COVID–19 TREATMENT,’’ before
means, with respect to a State, the period— following the end of such emergency period.’’. ‘‘OR PREGNANCY-RELATED ASSISTANCE’’; and
(i) beginning on April 1, 2021; and SEC. 9819. SPECIAL RULE FOR THE PERIOD OF A (B) by striking ‘‘visits described in section
(ii) ending on March 31, 2022. DECLARED PUBLIC HEALTH EMER- 1916(a)(2)(G), or’’ and inserting ‘‘services de-
(B) HOME AND COMMUNITY-BASED SERVICES.— GENCY RELATED TO CORONAVIRUS. scribed in section 1916(a)(2)(G), vaccines de-
The term ‘‘home and community-based services’’ scribed in section 1916(a)(2)(H) administered
(a) IN GENERAL.—Section 1923(f)(3) of the So-
means any of the following: during the period described in such section (and
(i) Home health care services authorized under cial Security Act (42 U.S.C. 1396r–4(f)(3)) is
amended— the administration of such vaccines), testing or
paragraph (7) of section 1905(a) of the Social Se- treatments described in section 1916(a)(2)(I) fur-
curity Act (42 U.S.C. 1396d(a)). (1) in subparagraph (A), by striking ‘‘sub-
paragraph (E)’’ and inserting ‘‘subparagraphs nished during the period described in such sec-
(ii) Personal care services authorized under
(E) and (F)’’ ; and tion, or’’.
paragraph (24) of such section. (b) TEMPORARY INCREASE IN FEDERAL PAY-
(iii) PACE services authorized under para- (2) by adding at the end the following new
subparagraph: MENTS FOR COVERAGE AND ADMINISTRATION OF
graph (26) of such section.
(iv) Home and community-based services au- ‘‘(F) ALLOTMENTS DURING THE CORONAVIRUS COVID–19 VACCINES.—Section 2105(c) of the So-
thorized under subsections (b), (c), (i), (j), and TEMPORARY MEDICAID FMAP INCREASE.— cial Security Act (42 U.S.C. 1397ee(c)) is amend-
(k) of section 1915 of such Act (42 U.S.C. 1396n), ‘‘(i) IN GENERAL.—Notwithstanding any other ed by adding at the end the following new para-
such services authorized under a waiver under provision of this subsection, for any fiscal year graph:
for which the Federal medical assistance per- ‘‘(12) TEMPORARY ENHANCED PAYMENT FOR
section 1115 of such Act (42 U.S.C. 1315), and
centage applicable to expenditures under this COVERAGE AND ADMINISTRATION OF COVID–19
such services through coverage authorized
section is increased pursuant to section 6008 of VACCINES.—During the period described in sec-
under section 1937 of such Act (42 U.S.C. 1396u–
the Families First Coronavirus Response Act, tion 1905(hh)(2), notwithstanding subsection (b),
7).
(v) Case management services authorized the Secretary shall recalculate the annual DSH the enhanced FMAP for a State, with respect to
under section 1905(a)(19) of the Social Security allotment, including the DSH allotment speci- payments under subsection (a) for expenditures
Act (42 U.S.C. 1396d(a)(19)) and section 1915(g) fied under paragraph (6)(A)(vi), to ensure that under the State child health plan (or a waiver
of such Act (42 U.S.C. 1396n(g)). the total DSH payments (including both Federal of such plan) for a vaccine described in section
(vi) Rehabilitative services, including those re- and State shares) that a State may make related 1905(a)(4)(E) (and the administration of such a
lated to behavioral health, described in section to a fiscal year is equal to the total DSH pay- vaccine), shall be equal to 100 percent.’’.
1905(a)(13) of such Act (42 U.S.C. 1396d(a)(13)). ments that the State could have made for such (c) ADJUSTMENT OF CHIP ALLOTMENTS.—Sec-
(vii) Such other services specified by the Sec- fiscal year without such increase to the Federal tion 2104(m) of the Social Security Act (42 U.S.C.
retary of Health and Human Services. medical assistance percentage. 1397dd(m)) is amended—
(C) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible ‘‘(ii) NO APPLICATION TO ALLOTMENTS BEGIN- (1) in paragraph (2)(B), in the matter pre-
individual’’ means an individual who is eligible NING AFTER COVID–19 EMERGENCY PERIOD.—The
ceding clause (i), by striking ‘‘paragraphs (5)
for and enrolled for medical assistance under a DSH allotment for any State for the first fiscal and (7)’’ and inserting ‘‘paragraphs (5), (7), and
State Medicaid program and includes an indi- year beginning after the end of the emergency (12)’’; and
vidual who becomes eligible for medical assist- period described in section 1135(g)(1)(B) or any (2) by adding at the end the following new
ance under a State Medicaid program when re- succeeding fiscal year shall be determined under paragraph:
moved from a waiting list. ‘‘(12) ADJUSTING ALLOTMENTS TO ACCOUNT FOR
this paragraph without regard to the DSH allot-
(D) MEDICAID PROGRAM.—The term ‘‘Medicaid INCREASED FEDERAL PAYMENTS FOR COVERAGE
ments determined under clause (i).’’.
program’’ means, with respect to a State, the AND ADMINISTRATION OF COVID–19 VACCINES.—If
(b) EFFECTIVE DATE.—The amendment made
State program under title XIX of the Social Se- a State, commonwealth, or territory receives
by subsection (a) shall take effect and apply as
curity Act (42 U.S.C. 1396 et seq.) (including any payment for a fiscal year (beginning with fiscal
if included in the enactment of the Families
waiver or demonstration under such title or year 2021) under subsection (a) of section 2105
First Coronavirus Response Act (Public Law
under section 1115 of such Act (42 U.S.C. 1315) for expenditures that are subject to the en-
116–127).
relating to such title). hanced FMAP specified under subsection (c)(12)
(E) STATE.—The term ‘‘State’’ has the mean- Subtitle K—Children’s Health Insurance of such section, the amount of the allotment de-
ing given such term for purposes of title XIX of Program termined for the State, commonwealth, or terri-
the Social Security Act (42 U.S.C. 1396 et seq.). SEC. 9821. MANDATORY COVERAGE OF COVID–19 tory under this subsection—
(b) STATE REQUIREMENTS FOR FMAP IN- VACCINES AND ADMINISTRATION ‘‘(A) for such fiscal year shall be increased by
CREASE.—As conditions for receipt of the in- AND TREATMENT UNDER CHIP. the projected expenditures for such year by the
crease under subsection (a) to the Federal med- (a) COVERAGE.— State, commonwealth, or territory under the
ical assistance percentage determined for a (1) IN GENERAL.—Section 2103(c) of the Social State child health plan (or a waiver of such
State, the State shall meet each of the following Security Act (42 U.S.C. 1397cc(c)) is amended by plan) for vaccines described in section
requirements (referred to in subsection (a) as the adding at the end the following paragraph: 1905(a)(4)(E) (and the administration of such
HCBS program requirements): ‘‘(11) REQUIRED COVERAGE OF COVID–19 VAC- vaccines); and
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(1) SUPPLEMENT, NOT SUPPLANT.—The State CINES AND TREATMENT.—Regardless of the type ‘‘(B) once actual expenditures are available in
shall use the Federal funds attributable to the of coverage elected by a State under subsection the subsequent fiscal year, the fiscal year allot-
increase under subsection (a) to supplement, (a), the child health assistance provided for a ment that was adjusted by the amount described
and not supplant, the level of State funds ex- targeted low-income child, and, in the case of a in subparagraph (A) shall be adjusted on the
pended for home and community-based services State that elects to provide pregnancy-related basis of the difference between—
for eligible individuals through programs in ef- assistance pursuant to section 2112, the preg- ‘‘(i) such projected amount of expenditures de-
fect as of April 1, 2021. nancy-related assistance provided for a targeted scribed in subparagraph (A) for such fiscal year
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1253
described in such subparagraph by the State, ‘‘(III) WAIVING BUDGET NEUTRALITY.—Pursu- ‘‘SEC. 602. CORONAVIRUS STATE FISCAL RECOV-
commonwealth, or territory; and ant to the fifth sentence of clause (i), this clause ERY FUND.
‘‘(ii) the actual amount of expenditures for shall not be applied in a budget neutral manner. ‘‘(a) APPROPRIATION.—In addition to amounts
such fiscal year described in subparagraph (A) ‘‘(IV) ALL-URBAN STATE DEFINED.—In this otherwise available, there is appropriated for
by the State, commonwealth, or territory under clause, the term ‘all-urban State’ means a State fiscal year 2021, out of any money in the Treas-
the State child health plan (or waiver of such in which there are no rural areas (as defined in ury not otherwise appropriated—
plan) for vaccines described in section paragraph (2)(D)) or a State in which there are ‘‘(1) $219,800,000,000, to remain available
1905(a)(4)(E) (and the administration of such no hospitals classified as rural under this sec- through December 31, 2024, for making payments
vaccines).’’. tion.’’. under this section to States, territories, and
SEC. 9822. MODIFICATIONS TO CERTAIN COV- (b) WAIVING BUDGET NEUTRALITY.—Section Tribal governments to mitigate the fiscal effects
ERAGE UNDER CHIP FOR PREGNANT 1886(d)(3)(E)(i) of the Social Security Act (42 stemming from the public health emergency with
AND POSTPARTUM WOMEN. U.S.C. 1395ww(d)(3)(E)(i)) is amended, in the respect to the Coronavirus Disease (COVID–19);
(a) MODIFICATIONS TO COVERAGE.— fifth sentence— and
(1) IN GENERAL.—Section 2107(e)(1) of the So- (1) by striking ‘‘and the amendments’’ and in- ‘‘(2) $50,000,000, to remain available until ex-
cial Security Act (42 U.S.C. 1397gg(e)(1)) is serting ‘‘, the amendments’’; and pended, for the costs of the Secretary for admin-
amended— (2) by inserting ‘‘, and the amendments made istration of the funds established under this
(A) by redesignating subparagraphs (J) by section 9831(a) of the American Rescue Plan title.
through (S) as subparagraphs (K) through (T), Act of 2021’’ after ‘‘Care Act’’. ‘‘(b) AUTHORITY TO MAKE PAYMENTS.—
respectively; and SEC. 9832. SECRETARIAL AUTHORITY TO TEMPO- ‘‘(1) PAYMENTS TO TERRITORIES.—
(B) by inserting after subparagraph (I) the RARILY WAIVE OR MODIFY APPLICA- ‘‘(A) IN GENERAL.—The Secretary shall reserve
following new subparagraph: TION OF CERTAIN MEDICARE RE- $4,500,000,000 of the amount appropriated under
QUIREMENTS WITH RESPECT TO AM- subsection (a)(1) to make payments to the terri-
‘‘(J) Paragraphs (5) and (16) of section 1902(e)
BULANCE SERVICES FURNISHED tories.
(relating to the State option to provide medical DURING CERTAIN EMERGENCY PERI-
assistance consisting of full benefits during ‘‘(B) ALLOCATION.—Of the amount reserved
ODS.
pregnancy and throughout the 12-month under subparagraph (A)—
(a) WAIVER AUTHORITY.—Section 1135(b) of ‘‘(i) 50 percent of such amount shall be allo-
postpartum period under title XIX), if the State the Social Security Act (42 U.S.C. 1320b–5(b)) is
provides child health assistance for targeted cated by the Secretary equally to each territory;
amended— and
low-income children who are pregnant or to tar- (1) in the first sentence—
geted low-income pregnant women and the State ‘‘(ii) 50 percent of such amount shall be allo-
(A) in paragraph (7), by striking ‘‘and’’ at the
has elected to apply such paragraph (16) with cated by the Secretary as an additional amount
end;
respect to pregnant women under title XIX, the to each territory in an amount which bears the
(B) in paragraph (8), by striking the period at
provision of assistance under the State child same proportion to 1⁄2 of the total amount re-
the end and inserting ‘‘; and’’; and
health plan or waiver for targeted low-income (C) by inserting after paragraph (8) the fol- served under subparagraph (A) as the popu-
children or targeted low-income pregnant lowing new paragraph: lation of the territory bears to the total popu-
women during pregnancy and the 12-month ‘‘(9) any requirement under section 1861(s)(7) lation of all such territories.
postpartum period shall be required and not at or section 1834(l) that an ambulance service in- ‘‘(C) PAYMENT.—The Secretary shall pay each
the option of the State and shall include cov- clude the transport of an individual to the ex- territory the total of the amounts allocated for
erage of all items or services provided to a tar- tent necessary to allow payment for ground am- the territory under subparagraph (B) in accord-
geted low-income child or targeted low-income bulance services furnished in response to a 911 ance with paragraph (6).
pregnant woman (as applicable) under the State call (or the equivalent in areas without a 911 ‘‘(2) PAYMENTS TO TRIBAL GOVERNMENTS.—
child health plan or waiver).’’. ‘‘(A) IN GENERAL.—The Secretary shall reserve
call system) in cases in which an individual
(2) OPTIONAL COVERAGE OF TARGETED LOW-IN- $20,000,000,000 of the amount appropriated
would have been transported to a destination
COME PREGNANT WOMEN.—Section 2112(d)(2)(A)
under subsection (a)(1) to make payments to
permitted under Medicare regulations (as de-
of the Social Security Act (42 U.S.C. Tribal governments.
scribed in section 410.40 to title 42, Code of Fed-
1397ll(d)(2)(A)) is amended by inserting after ‘‘(B) ALLOCATION.—Of the amount reserved
eral Regulations (or successor regulations)) but
‘‘60-day period’’ the following: ‘‘, or, in the case under subparagraph (A)—
such transport did not occur as a result of com-
‘‘(i) $1,000,000,000 shall be allocated by the
that subparagraph (A) of section 1902(e)(16) ap- munity-wide emergency medical service (EMS)
Secretary equally among each of the Tribal gov-
plies to the State child health plan (or waiver of protocols due to the public health emergency de-
ernments; and
such plan), pursuant to section 2107(e)(1), the scribed in subsection (g)(1)(B).’’; and
‘‘(ii) $19,000,000,000 shall be allocated by the
12-month period,’’. (2) in the flush matter at the end, by adding
Secretary to the Tribal governments in a manner
(b) EFFECTIVE DATE.—The amendments made at the end the following: ‘‘Ground ambulance
determined by the Secretary.
by subsection (a), shall apply with respect to services for which payment is made pursuant to
‘‘(C) PAYMENT.— The Secretary shall pay
State elections made under paragraph (16) of paragraph (9) shall be paid at the base rate that
each Tribal government the total of the amounts
section 1902(e) of the Social Security Act (42 would have been paid under the fee schedule es-
allocated for the Tribal government under sub-
U.S.C. 1396a(e)), as added by section 9812(a) of tablished under 1834(l) (excluding any mileage
paragraph (B) in accordance with paragraph
subtitle J of this title, during the 5-year period payment) if the individual had been so trans-
(6).
beginning on the 1st day of the 1st fiscal year ported and, with respect to ambulance services
‘‘(3) PAYMENTS TO EACH OF THE 50 STATES AND
quarter that begins one year after the date of furnished by a critical access hospital or an en-
THE DISTRICT OF COLUMBIA.—
the enactment of this Act. tity described in paragraph (8) of such section,
‘‘(A) IN GENERAL.—The Secretary shall reserve
Subtitle L—Medicare at the amount that otherwise would be paid
$195,300,000,000 of the amount appropriated
under such paragraph.’’.
SEC. 9831. FLOOR ON THE MEDICARE AREA WAGE under subsection (a)(1) to make payments to
INDEX FOR HOSPITALS IN ALL-
(b) EMERGENCY PERIOD EXCEPTION.—Section
each of the 50 States and the District of Colum-
URBAN STATES. 1135(g)(1)(B) of the Social Security Act (42
bia.
(a) IN GENERAL.—Section 1886(d)(3)(E) of the U.S.C. 1320b–5(g)(1)(B)) is amended, in the mat-
‘‘(B) ALLOCATIONS.—Of the amount reserved
Social Security Act (42 U.S.C. 1395ww(d)(3)(E)) ter preceding clause (i), by striking ‘‘subsection
under subparagraph (A)—
is amended— (b)(8)’’ and inserting ‘‘paragraphs (8) and (9) of
‘‘(i) $25,500,000,000 of such amount shall be al-
(1) in clause (i), in the first sentence, by strik- subsection (b)’’.
located by the Secretary equally among each of
ing ‘‘or (iii)’’ and inserting ‘‘, (iii), or (iv)’’; and SEC. 9833. FUNDING FOR OFFICE OF INSPECTOR
the 50 States and the District of Columbia;
GENERAL.
(2) by adding at the end the following new ‘‘(ii) an amount equal to $1,250,000,000 less the
clause: In addition to amounts otherwise available, amount allocated for the District of Columbia
‘‘(iv) FLOOR ON AREA WAGE INDEX FOR HOS- there is appropriated to the inspector general of pursuant to section 601(c)(6) shall be allocated
PITALS IN ALL-URBAN STATES.—
the Department of Health and Human Services by the Secretary as an additional amount to the
‘‘(I) IN GENERAL.—For discharges occurring on for fiscal year 2021, out of any money in the District of Columbia; and
or after October 1, 2021, the area wage index ap- Treasury not otherwise appropriated, $5,000,000, ‘‘(iii) an amount equal to the remainder of the
plicable under this subparagraph to any hos- to remain available until expended, for oversight amount reserved under subparagraph (A) after
pital in an all-urban State (as defined in sub- of activities supported with funds appropriated the application of clauses (i) and (ii) of this sub-
clause (IV)) may not be less than the minimum to the Department of Health and Human Serv- paragraph shall be allocated by the Secretary as
area wage index for the fiscal year for hospitals ices to prevent, prepare for, and respond to an additional amount to each of the 50 States
in that State, as established under subclause coronavirus 2019 or COVID–19, domestically or and the District of Columbia in an amount
(II). internationally. which bears the same proportion to such re-
Subtitle M—Coronavirus State and Local
dlhill on DSK120RN23PROD with HOUSE
‘‘(II) MINIMUM AREA WAGE INDEX.—For pur- mainder as the average estimated number of sea-
poses of subclause (I), the Secretary shall estab- Fiscal Recovery Funds sonally-adjusted unemployed individuals (as
lish a minimum area wage index for a fiscal SEC. 9901. CORONAVIRUS STATE AND LOCAL FIS- measured by the Bureau of Labor Statistics
year for hospitals in each all-urban State using CAL RECOVERY FUNDS. Local Area Unemployment Statistics program)
the methodology described in section (a) IN GENERAL.—Title VI of the Social Secu- in the State or District of Columbia over the 3-
412.64(h)(4)(vi) of title 42, Code of Federal Regu- rity Act (42 U.S.C. 801 et seq.) is amended by month period ending with December 2020 bears
lations, as in effect for fiscal year 2018. adding at the end the following: to the average estimated number of seasonally-
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H1254 CONGRESSIONAL RECORD — HOUSE March 10, 2021
adjusted unemployed individuals in all of the 50 ‘‘(B) TRIBAL GOVERNMENTS.—To the extent this section shall provide to the Secretary peri-
States and the District of Columbia over the practicable, with respect to each Tribal govern- odic reports providing a detailed accounting
same period. ment for which an amount is allocated under of—
‘‘(C) PAYMENT.— this subsection, the Secretary shall make the ‘‘(A) the uses of funds by such State, terri-
‘‘(i) IN GENERAL.—Subject to clause (ii), the payment required for the Tribal government not tory, or Tribal government, including, in the
Secretary shall pay each of the 50 States and later than 60 days after the date of enactment of case of a State or a territory, all modifications
the District of Columbia, from the amount re- this section. to the State’s or territory’s tax revenue sources
served under subparagraph (A), the total of the ‘‘(C) INITIAL PAYMENT TO DISTRICT OF COLUM- during the covered period; and
amounts allocated for the State and District of BIA.—The Secretary shall pay the amount allo- ‘‘(B) such other information as the Secretary
Columbia under subparagraph (B) in accord- cated under paragraph (3)(B)(ii) to the District may require for the administration of this sec-
ance with paragraph (6). of Columbia not later than 15 days after the tion.
‘‘(ii) MINIMUM PAYMENT REQUIREMENT.— date of enactment of this section. ‘‘(e) RECOUPMENT.—Any State, territory, or
‘‘(I) IN GENERAL.—The sum of— ‘‘(c) REQUIREMENTS.— Tribal government that has failed to comply
‘‘(aa) the total amounts allocated for 1 of the ‘‘(1) USE OF FUNDS.—Subject to paragraph (2), with subsection (c) shall be required to repay to
50 States or the District of Columbia under sub- and except as provided in paragraph (3), a the Secretary an amount equal to the amount of
paragraph (B) (as determined without regard to State, territory, or Tribal government shall only funds used in violation of such subsection, pro-
this clause); and use the funds provided under a payment made vided that, in the case of a violation of sub-
‘‘(bb) the amounts allocated under section 603 under this section, or transferred pursuant to section (c)(2)(A), the amount the State or terri-
to the State (for distribution by the State to section 603(c)(4), to cover costs incurred by the tory shall be required to repay shall be lesser
nonentitlement units of local government in the State, territory, or Tribal government, by De- of—
State) and to metropolitan cities and counties in cember 31, 2024— ‘‘(1) the amount of the applicable reduction to
the State; ‘‘(A) to respond to the public health emer- net tax revenue attributable to such violation;
shall not be less than the amount allocated to gency with respect to the Coronavirus Disease and
the State or District of Columbia for fiscal year 2019 (COVID–19) or its negative economic im- ‘‘(2) the amount of funds received by such
2020 under section 601, including any amount pacts, including assistance to households, small State or territory pursuant to a payment made
paid directly to a unit of local government in businesses, and nonprofits, or aid to impacted under this section or a transfer made under sec-
the State under such section. industries such as tourism, travel, and hospi-
‘‘(II) PRO RATA ADJUSTMENT.—The Secretary tion 603(c)(4).
tality; ‘‘(f) REGULATIONS.—The Secretary shall have
shall adjust on a pro rata basis the amount of ‘‘(B) to respond to workers performing essen-
the authority to issue such regulations as may
the allocations for each of the 50 States and the tial work during the COVID–19 public health
be necessary or appropriate to carry out this
District of Columbia determined under subpara- emergency by providing premium pay to eligible
section.
graph (B)(iii) (without regard to this clause) to workers of the State, territory, or Tribal govern-
‘‘(g) DEFINITIONS.—In this section:
the extent necessary to comply with the require- ment that are performing such essential work, ‘‘(1) COVERED PERIOD.—The term ‘covered pe-
ment of subclause (I). or by providing grants to eligible employers that
riod’ means, with respect to a State, territory, or
‘‘(4) PRO RATA ADJUSTMENT AUTHORITY.—The have eligible workers who perform essential
Tribal government, the period that—
amounts otherwise determined for allocation work; ‘‘(A) begins on March 3, 2021; and
and payment under paragraphs (1), (2), and (3) ‘‘(C) for the provision of government services
‘‘(B) ends on the last day of the fiscal year of
may be adjusted by the Secretary on a pro rata to the extent of the reduction in revenue of such
such State, territory, or Tribal government in
basis to the extent necessary to ensure that all State, territory, or Tribal government due to the
which all funds received by the State, territory,
available funds are allocated to States, terri- COVID–19 public health emergency relative to
or Tribal government from a payment made
tories, and Tribal governments in accordance revenues collected in the most recent full fiscal
under this section or a transfer made under sec-
with the requirements specified in each such year of the State, territory, or Tribal govern-
tion 603(c)(4) have been expended or returned
paragraph (as applicable). ment prior to the emergency; or
to, or recovered by, the Secretary.
‘‘(5) POPULATION DATA.—For purposes of de- ‘‘(D) to make necessary investments in water,
‘‘(2) ELIGIBLE WORKERS.—The term ‘eligible
termining allocations for a territory under this sewer, or broadband infrastructure.
‘‘(2) FURTHER RESTRICTION ON USE OF workers’ means those workers needed to main-
section, the population of the territory shall be
FUNDS.—
tain continuity of operations of essential critical
determined based on the most recent data avail-
‘‘(A) IN GENERAL.—A State or territory shall infrastructure sectors and additional sectors as
able from the Bureau of the Census.
‘‘(6) TIMING.— not use the funds provided under this section or each Governor of a State or territory, or each
‘‘(A) STATES AND TERRITORIES.— transferred pursuant to section 603(c)(4) to ei- Tribal government, may designate as critical to
‘‘(i) IN GENERAL.—To the extent practicable, ther directly or indirectly offset a reduction in protect the health and well-being of the resi-
subject to clause (ii), with respect to each State the net tax revenue of such State or territory re- dents of their State, territory, or Tribal govern-
and territory allocated a payment under this sulting from a change in law, regulation, or ad- ment.
subsection, the Secretary shall make the pay- ministrative interpretation during the covered ‘‘(3) PREMIUM PAY.—The term ‘premium pay’
ment required for the State or territory not later period that reduces any tax (by providing for a means an amount of up to $13 per hour that is
than 60 days after the date on which the certifi- reduction in a rate, a rebate, a deduction, a paid to an eligible worker, in addition to wages
cation required under subsection (d)(1) is pro- credit, or otherwise) or delays the imposition of or remuneration the eligible worker otherwise
vided to the Secretary. any tax or tax increase. receives, for all work performed by the eligible
‘‘(ii) AUTHORITY TO SPLIT PAYMENT.— ‘‘(B) PENSION FUNDS.—No State or territory worker during the COVID–19 public health
‘‘(I) IN GENERAL.—The Secretary shall have may use funds made available under this section emergency. Such amount may not exceed $25,000
the authority to withhold payment of up to 50 for deposit into any pension fund. with respect to any single eligible worker.
percent of the amount allocated to each State ‘‘(3) TRANSFER AUTHORITY.—A State, territory, ‘‘(4) SECRETARY.—The term ‘Secretary’ means
and territory (other than payment of the or Tribal government receiving a payment from the Secretary of the Treasury.
amount allocated under paragraph (3)(B)(ii) to funds made available under this section may ‘‘(5) STATE.—The term ‘State’ means each of
the District of Columbia) for a period of up to 12 transfer funds to a private nonprofit organiza- the 50 States and the District of Columbia.
months from the date on which the State or ter- tion (as that term is defined in paragraph (17) ‘‘(6) TERRITORY.—The term ‘territory’ means
ritory provides the certification required under of section 401 of the McKinney-Vento Homeless the Commonwealth of Puerto Rico, the United
subsection (d)(1). The Secretary shall exercise Assistance Act (42 U.S.C. 11360(17)), a Tribal or- States Virgin Islands, Guam, the Commonwealth
such authority with respect to a State or terri- ganization (as that term is defined in section 4 of the Northern Mariana Islands, and American
tory based on the unemployment rate in the of the Indian Self-Determination and Education Samoa.
State or territory as of such date. Assistance Act (25 U.S.C. 5304)), a public benefit ‘‘(7) TRIBAL GOVERNMENT.—The term ‘Tribal
‘‘(II) PAYMENT OF WITHHELD AMOUNT.—Before corporation involved in the transportation of Government’ means the recognized governing
paying to a State or territory the remainder of passengers or cargo, or a special-purpose unit of body of any Indian or Alaska Native tribe,
an amount allocated to the State or territory State or local government. band, nation, pueblo, village, community, com-
(subject to subclause (III)) that has been with- ‘‘(d) CERTIFICATIONS AND REPORTS.— ponent band, or component reservation, individ-
held by the Secretary under subclause (I), the ‘‘(1) IN GENERAL.—In order for a State or terri- ually identified (including parenthetically) in
Secretary shall require the State or territory to tory to receive a payment under this section, or the list published most recently as of the date of
submit a second certification under subsection a transfer of funds under section 603(c)(4), the enactment of this Act pursuant to section 104 of
(d)(1), in addition to such other information as State or territory shall provide the Secretary the Federally Recognized Indian Tribe List Act
the Secretary may require. with a certification, signed by an authorized of- of 1994 (25 U.S.C. 5131).
‘‘(III) RECOVERY OF AMOUNTS SUBJECT TO ficer of such State or territory, that such State ‘‘SEC. 603. CORONAVIRUS LOCAL FISCAL RECOV-
RECOUPMENT.—If a State or territory is required or territory requires the payment or transfer to ERY FUND.
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under subsection (e) to repay funds for failing carry out the activities specified in subsection ‘‘(a) APPROPRIATION.—In addition to amounts
to comply with subsection (c), the Secretary may (c) of this section and will use any payment otherwise available, there is appropriated for
reduce the amount otherwise payable to the under this section, or transfer of funds under fiscal year 2021, out of any money in the Treas-
State or territory under subclause (II) by the section 603(c)(4), in compliance with subsection ury not otherwise appropriated, $130,200,000,000,
amount that the State or territory would other- (c) of this section. to remain available through December 31, 2024,
wise be required to repay under such subsection ‘‘(2) REPORTING.—Any State, territory, or for making payments under this section to met-
(e). Tribal government receiving a payment under ropolitan cities, nonentitlement units of local
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1255
government, and counties to mitigate the fiscal ernment by the end of the distribution period (as may be adjusted by the Secretary on a pro rata
effects stemming from the public health emer- so extended). basis to the extent necessary to ensure that all
gency with respect to the Coronavirus Disease ‘‘(bb) FURTHER ADDITIONAL EXTENSIONS.—If a available funds are distributed to metropolitan
(COVID–19). State granted an additional extension of the dis- cities, counties, and States in accordance with
‘‘(b) AUTHORITY TO MAKE PAYMENTS.— tribution period under item (aa) requires any the requirements specified in each paragraph
‘‘(1) METROPOLITAN CITIES.— further additional extensions of such period, the (as applicable) and the certification requirement
‘‘(A) IN GENERAL.—Of the amount appro- request only may be made and granted subject specified in subsection (d).
priated under subsection (a), the Secretary shall to the requirements specified in item (aa). ‘‘(6) POPULATION.—For purposes of deter-
reserve $45,570,000,000 to make payments to met- ‘‘(iii) CAPPED AMOUNT.—The total amount dis- mining allocations under this section, the popu-
ropolitan cities. tributed to a nonentitlement unit of local gov- lation of an entity shall be determined based on
‘‘(B) ALLOCATION AND PAYMENT.—From the ernment under this paragraph may not exceed the most recent data are available from the Bu-
amount reserved under subparagraph (A), the the amount equal to 75 percent of the most re- reau of the Census or, if not available, from
Secretary shall allocate and, in accordance with cent budget for the nonentitlement unit of local such other data as a State determines appro-
paragraph (7), pay to each metropolitan city an government as of January 27, 2020. priate.
amount determined for the metropolitan city ‘‘(iv) RETURN OF EXCESS AMOUNTS.—Any ‘‘(7) TIMING.—
consistent with the formula under section 106(b) amounts not distributed to a nonentitlement ‘‘(A) FIRST TRANCHE AMOUNT.—To the extent
of the Housing and Community Development unit of local government as a result of the appli- practicable, with respect to each metropolitan
Act of 1974 (42 U.S.C. 5306(b)), except that, in cation of clause (iii) shall be returned to the city for which an amount is allocated under
applying such formula, the Secretary shall sub- Secretary. paragraph (1), each State for which an amount
stitute ‘all metropolitan cities’ for ‘all metropoli- ‘‘(D) PENALTY FOR NONCOMPLIANCE.—If, by is allocated under paragraph (2) for distribution
tan areas’ each place it appears. the end of the 120-day period that begins on the to nonentitlement units of local government,
‘‘(2) NONENTITLEMENT UNITS OF LOCAL GOV- date a State receives a payment from the and each county for which an amount is allo-
ERNMENT.— amount allocated under subparagraph (B) or, if cated under paragraph (3), the Secretary shall
‘‘(A) IN GENERAL.—Of the amount appro- later, the last day of the distribution period for pay from such allocation the First Tranche
priated under subsection (a), the Secretary shall the State (as extended with respect to the State Amount for such city, State, or county not later
reserve $19,530,000,000 to make payments to under subparagraph (C)(ii)), such State has than 60 days after the date of enactment of this
States for distribution by the State to non- failed to make all the distributions from such section.
entitlement units of local government in the ‘‘(B) SECOND TRANCHE AMOUNT.—The Sec-
payment in accordance with the terms of sub-
State. retary shall pay to each metropolitan city for
paragraph (C) (including any extensions of the
‘‘(B) ALLOCATION AND PAYMENT.—From the which an amount is allocated under paragraph
distribution period granted in accordance with
amount reserved under subparagraph (A), the (1), each State for which an amount is allocated
such subparagraph), an amount equal to the
Secretary shall allocate and, in accordance with under paragraph (2) for distribution to non-
amount of such payment that remains undistrib-
paragraph (7), pay to each State an amount entitlement units of local government, and each
uted as of such date shall be booked as a debt
which bears the same proportion to such re- county for which an amount is allocated under
of such State owed to the Federal Government,
served amount as the total population of all paragraph (3), the Second Tranche Amount for
shall be paid back from the State’s allocation
such city, State, or county not earlier than 12
areas that are non-metropolitan cities in the provided under section 602(b)(3)(B)(iii), and
months after the date on which the First
State bears to the total population of all areas shall be deposited into the general fund of the Tranche Amount is paid to the city, State, or
that are non-metropolitan cities in all such Treasury. county.
States. ‘‘(3) COUNTIES.— ‘‘(c) REQUIREMENTS.—
‘‘(C) DISTRIBUTION TO NONENTITLEMENT UNITS ‘‘(A) AMOUNT.—From the amount appro- ‘‘(1) USE OF FUNDS.—Subject to paragraph (2),
OF LOCAL GOVERNMENT.— priated under subsection (a), the Secretary shall and except as provided in paragraphs (3) and
‘‘(i) IN GENERAL.—Not later than 30 days after reserve and allocate $65,100,000,000 of such (4), a metropolitan city, nonentitlement unit of
a State receives a payment under subparagraph amount to make payments directly to counties local government, or county shall only use the
(B), the State shall distribute to each non- in an amount which bears the same proportion funds provided under a payment made under
entitlement unit of local government in the State to the total amount reserved under this para- this section to cover costs incurred by the metro-
an amount that bears the same proportion to the graph as the population of each such county politan city, nonentitlement unit of local gov-
amount of such payment as the population of bears to the total population of all such entities ernment, or county, by December 31, 2024—
the nonentitlement unit of local government and shall pay such allocated amounts to such ‘‘(A) to respond to the public health emer-
bears to the total population of all the non- counties in accordance with paragraph (7). gency with respect to the Coronavirus Disease
entitlement units of local government in the ‘‘(B) SPECIAL RULES.— 2019 (COVID–19) or its negative economic im-
State, subject to clause (iii). ‘‘(i) URBAN COUNTIES.—No county that is an pacts, including assistance to households, small
‘‘(ii) DISTRIBUTION OF FUNDS.— ‘urban county’ (as defined in section 102 of the businesses, and nonprofits, or aid to impacted
‘‘(I) EXTENSION FOR DISTRIBUTION.—If an au- Housing and Community Development Act of industries such as tourism, travel, and hospi-
thorized officer of a State required to make dis- 1974 (42 U.S.C. 5302)) shall receive less than the tality;
tributions under clause (i) certifies in writing to amount the county would otherwise receive if ‘‘(B) to respond to workers performing essen-
the Secretary before the end of the 30-day dis- the amount paid under this paragraph were al- tial work during the COVID–19 public health
tribution period described in such clause that it located to metropolitan cities and urban coun- emergency by providing premium pay to eligible
would constitute an excessive administrative ties under section 106(b) of the Housing and workers of the metropolitan city, nonentitlement
burden for the State to meet the terms of such Community Development Act of 1974 (42 U.S.C. unit of local government, or county that are
clause with respect to 1 or more such distribu- 5306(b)). performing such essential work, or by providing
tions, the authorized officer may request, and ‘‘(ii) COUNTIES THAT ARE NOT UNITS OF GEN- grants to eligible employers that have eligible
the Secretary shall grant, an extension of such ERAL LOCAL GOVERNMENT.—In the case of an workers who perform essential work;
period of not more than 30 days to allow the amount to be paid to a county that is not a unit ‘‘(C) for the provision of government services
State to make such distributions in accordance of general local government, the amount shall to the extent of the reduction in revenue of such
with clause (i). instead be paid to the State in which such coun- metropolitan city, nonentitlement unit of local
‘‘(II) ADDITIONAL EXTENSIONS.— ty is located, and such State shall distribute government, or county due to the COVID–19
‘‘(aa) IN GENERAL.—If a State has been grant- such amount to each unit of general local gov- public health emergency relative to revenues
ed an extension to the distribution period under ernment within such county in an amount that collected in the most recent full fiscal year of
subclause (I) but is unable to make all the dis- bears the same proportion to the amount to be the metropolitan city, nonentitlement unit of
tributions required under clause (i) before the paid to such county as the population of such local government, or county prior to the emer-
end of such period as extended, an authorized units of general local government bears to the gency; or
officer of the State may request an additional total population of such county. ‘‘(D) to make necessary investments in water,
extension of the distribution period of not more ‘‘(iii) DISTRICT OF COLUMBIA.—For purposes sewer, or broadband infrastructure.
than 30 days. The Secretary may grant a re- of this paragraph, the District of Columbia shall ‘‘(2) PENSION FUNDS.—No metropolitan city,
quest for an additional extension of such period be considered to consist of a single county that nonentitlement unit of local government, or
only if— is a unit of general local government. county may use funds made available under this
‘‘(AA) the authorized officer making such re- ‘‘(4) CONSOLIDATED GOVERNMENTS.—A unit of section for deposit into any pension fund.
quest provides a written plan to the Secretary general local government that has formed a con- ‘‘(3) TRANSFER AUTHORITY.—A metropolitan
specifying, for each distribution for which an solidated government, or that is geographically city, nonentitlement unit of local government, or
additional extension is requested, when the contained (in full or in part) within the bound- county receiving a payment from funds made
State expects to make such distribution and the aries of another unit of general local govern- available under this section may transfer funds
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actions the State has taken and will take in ment may receive a distribution under each of to a private nonprofit organization (as that term
order to make all such distributions before the paragraphs (1), (2), and (3), as applicable, based is defined in paragraph (17) of section 401 of the
end of the distribution period (as extended on the respective formulas specified in such McKinney-Vento Homeless Assistance Act (42
under subclause (I) and this subclause); and paragraphs. U.S.C. 11360(17)), a public benefit corporation
‘‘(BB) the Secretary determines that such ‘‘(5) PRO RATA ADJUSTMENT AUTHORITY.—The involved in the transportation of passengers or
plan is reasonably designed to distribute all amounts otherwise determined for allocation cargo, or a special-purpose unit of State or local
such funds to nonentitlement units of local gov- and payment under paragraphs (1), (2), and (3) government.
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H1256 CONGRESSIONAL RECORD — HOUSE March 10, 2021
‘‘(4) TRANSFERS TO STATES.—Notwithstanding the meaning given that term in section 102(a)(1) remain available until September 30, 2023, with
paragraph (1), a metropolitan city, nonentitle- of the Housing and Community Development amounts to be obligated for each of fiscal years
ment unit of local government, or county receiv- Act of 1974 (42 U.S.C. 5302(a)(1)). 2022 and 2023 in accordance with subsection (b),
ing a payment from funds made available under ‘‘SEC. 604. CORONAVIRUS CAPITAL PROJECTS for making payments under this section to eligi-
this section may transfer such funds to the State FUND. ble revenue sharing counties and eligible Tribal
in which such entity is located. ‘‘(a) APPROPRIATION.—In addition to amounts governments.
‘‘(d) REPORTING.—Any metropolitan city, non- otherwise available, there is appropriated for ‘‘(b) AUTHORITY TO MAKE PAYMENTS.—
entitlement unit of local government, or county fiscal year 2021, out of any money in the Treas- ‘‘(1) PAYMENTS TO ELIGIBLE REVENUE SHARING
receiving funds provided under a payment made ury not otherwise appropriated, $10,000,000,000, COUNTIES.—For each of fiscal years 2022 and
under this section shall provide to the Secretary to remain available until expended, for making 2023, the Secretary shall reserve $750,000,000 of
periodic reports providing a detailed accounting payments to States, territories, and Tribal gov- the total amount appropriated under subsection
of the uses of such funds by such metropolitan ernments to carry out critical capital projects di- (a) to allocate and pay to each eligible revenue
city, nonentitlement unit of local government, or rectly enabling work, education, and health sharing county in amounts that are determined
county and including such other information as monitoring, including remote options, in re- by the Secretary taking into account economic
the Secretary may require for the administration sponse to the public health emergency with re- conditions of each eligible revenue sharing
of this section. spect to the Coronavirus Disease (COVID–19). county, using measurements of poverty rates,
‘‘(e) RECOUPMENT.—Any metropolitan city, ‘‘(b) PAYMENTS.— household income, land values, and unemploy-
nonentitlement unit of local government, or ‘‘(1) MINIMUM AMOUNTS.—From the amount ment rates as well as other economic indicators,
county that has failed to comply with sub- appropriated under subsection (a)— over the 20-year period ending with September
section (c) shall be required to repay to the Sec- ‘‘(A) the Secretary shall pay $100,000,000 to 30, 2021.
retary an amount equal to the amount of funds each State; ‘‘(2) PAYMENTS TO ELIGIBLE TRIBAL GOVERN-
used in violation of such subsection. ‘‘(B) the Secretary shall pay $100,000,000 of MENTS.—For each of fiscal years 2022 and 2023,
‘‘(f) REGULATIONS.—The Secretary shall have such amount in equal shares to the United the Secretary shall reserve $250,000,000 of the
the authority to issue such regulations as may States Virgin Islands, Guam, American Samoa, total amount appropriated under subsection (a)
be necessary or appropriate to carry out this the Commonwealth of the Northern Mariana Is- to allocate and pay to eligible Tribal govern-
section. lands, the Republic of the Marshall Islands, the ments in amounts that are determined by the
‘‘(g) DEFINITIONS.—In this section: Federated States of Micronesia, and the Repub- Secretary taking into account economic condi-
‘‘(1) COUNTY.—The term ‘county’ means a lic of Palau; and tions of each eligible Tribe.
county, parish, or other equivalent county divi- ‘‘(C) the Secretary shall pay $100,000,000 of ‘‘(c) USE OF PAYMENTS.—An eligible revenue
sion (as defined by the Bureau of the Census). such amount in equal shares to Tribal govern- sharing county or an eligible Tribal government
‘‘(2) ELIGIBLE WORKERS.—The term ‘eligible may use funds provided under a payment made
ments and the State of Hawaii (in addition to
workers’ means those workers needed to main- under this section for any governmental purpose
the amount paid to the State of Hawaii under
tain continuity of operations of essential critical other than a lobbying activity.
subparagraph (A)), of which—
infrastructure sectors and additional sectors as ‘‘(d) REPORTING REQUIREMENT.—Any eligible
‘‘(i) not less than $50,000 shall be paid to each
each chief executive officer of a metropolitan revenue sharing county receiving a payment
Tribal government; and
city, nonentitlement unit of local government, or under this section shall provide to the Secretary
‘‘(ii) not less than $50,000, and not more than
county may designate as critical to protect the periodic reports providing a detailed accounting
$200,000, shall be paid to the State of Hawaii for
health and well-being of the residents of their of the uses of fund by such eligible revenue
the exclusive use of the Department of Hawai-
metropolitan city, nonentitlement unit of local sharing county and such other information as
ian Home Lands and the Native Hawaiian Edu-
government, or county. the Secretary may require for the administration
cation Programs to assist Native Hawaiians in
‘‘(3) FIRST TRANCHE AMOUNT.—The term ‘First of this section.
accordance with this section.
Tranche Amount’ means, with respect to each ‘‘(e) RECOUPMENT.—Any eligible revenue shar-
‘‘(2) REMAINING AMOUNTS.—
metropolitan city for which an amount is allo- ing county that has failed to submit a report re-
‘‘(A) IN GENERAL.—From the amount of the
cated under subsection (b)(1), each State for quired under subsection (d) or failed to comply
appropriation under subsection (a) that remains
which an amount is allocated under subsection with subsection (c), shall be required to repay to
after the application of paragraph (1), the Sec-
(b)(2) for distribution to nonentitlement units of the Secretary an amount equal to—
retary shall make payments to States based on
local government, and each county for which an ‘‘(1) in the case of a failure to comply with
population such that—
amount is allocated under subsection (b)(3), 50 subsection (c), the amount of funds used in vio-
‘‘(i) 50 percent of such amount shall be allo-
percent of the amount so allocated to such met- lation of such subsection; and
cated among the States based on the proportion
ropolitan city, State, or county (as applicable). ‘‘(2) in the case of a failure to submit a report
‘‘(4) METROPOLITAN CITY.—The term ‘metro- that the population of each State bears to the
required under subsection (d), such amount as
politan city’ has the meaning given that term in population of all States;
the Secretary determines appropriate, but not to
section 102(a)(4) of the Housing and Community ‘‘(ii) 25 percent of such amount shall be allo-
exceed 5 percent of the amount paid to the eligi-
Development Act of 1974 (42 U.S.C. 5302(a)(4)) cated among the States based on the proportion
ble revenue sharing county under this section
and includes cities that relinquish or defer their that the number of individuals living in rural
for all fiscal years.
status as a metropolitan city for purposes of re- areas in each State bears to the number of indi-
‘‘(f) DEFINITIONS.—In this section:
ceiving allocations under section 106 of such Act viduals living in rural areas in all States; and
‘‘(1) ELIGIBLE REVENUE SHARING COUNTY.—The
(42 U.S.C. 5306) for fiscal year 2021. ‘‘(iii) 25 percent of such amount shall be allo-
term ‘eligible revenue sharing county’ means—
‘‘(5) NONENTITLEMENT UNIT OF LOCAL GOVERN- cated among the States based on the proportion ‘‘(A) a county, parish, or borough—
MENT.—The term ‘nonentitlement unit of local
that the number of individuals with a household ‘‘(i) that is independent of any other unit of
government’ means a ‘city’, as that term is de- income that is below 150 percent of the poverty local government; and
fined in section 102(a)(5) of the Housing and line applicable to a family of the size involved in ‘‘(ii) that, as determined by the Secretary, is
Community Development Act of 1974 (42 U.S.C. each State bears to the number of such individ- the principal provider of government services for
5302(a)(5))), that is not a metropolitan city. uals in all States. the area within its jurisdiction; and
‘‘(6) PREMIUM PAY.—The term ‘premium pay’ ‘‘(B) DATA.—In determining the allocations to ‘‘(iii) for which, as determined by the Sec-
has the meaning given such term in section be made to each State under subparagraph (A), retary, there is a negative revenue impact due to
602(g). the Secretary of the Treasury shall use the most implementation of a Federal program or changes
‘‘(7) SECOND TRANCHE AMOUNT.—The term recent data available from the Bureau of the to such program; and
‘Second Tranche Amount’ means, with respect Census. ‘‘(B) the District of Columbia, the Common-
to each metropolitan city for which an amount ‘‘(c) TIMING.—The Secretary shall establish a wealth of Puerto Rico, Guam, and the United
is allocated under subsection (b)(1), each State process of applying for grants to access funding States Virgin Islands.
for which an amount is allocated under sub- made available under section (b) not later than ‘‘(2) ELIGIBLE TRIBAL GOVERNMENT.—The term
section (b)(2) for distribution to nonentitlement 60 days after enactment of this section. ‘eligible Tribal government’ means the recog-
units of local government, and each county for ‘‘(d) DEFINITIONS.—In this section: nized governing body of an eligible Tribe.
which an amount is allocated under subsection ‘‘(1) SECRETARY.—The term ‘Secretary’ means ‘‘(3) ELIGIBLE TRIBE.—The term ‘eligible Tribe’
(b)(3), an amount not to exceed 50 percent of the the Secretary of the Treasury. means any Indian or Alaska Native tribe, band,
amount so allocated to such metropolitan city, ‘‘(2) STATE.—The term ‘State’ means each of nation, pueblo, village, community, component
State, or county (as applicable). the 50 States, the District of Columbia, and band, or component reservation, individually
‘‘(8) SECRETARY.—The term ‘Secretary’ means Puerto Rico. identified (including parenthetically) in the list
the Secretary of the Treasury. ‘‘(3) TRIBAL GOVERNMENT.—The term ‘Tribal published most recently as of the date of enact-
‘‘(9) STATE.—The term ‘State’ means each of government’ has the meaning given such term in ment of this section pursuant to section 104 of
section 602(g).
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the 50 States, the District of Columbia, the Com- the Federally Recognized Indian Tribe List Act
monwealth of Puerto Rico, the United States ‘‘SEC. 605. LOCAL ASSISTANCE AND TRIBAL CON- of 1994 (25 U.S.C. 5131).
Virgin Islands, Guam, the Commonwealth of the SISTENCY FUND. ‘‘(4) SECRETARY.—The term ‘Secretary’ means
Northern Mariana Islands, and American ‘‘(a) APPROPRIATION.—In addition to amounts the Secretary of the Treasury.’’.
Samoa. otherwise available, there is appropriated for (b) CONFORMING AMENDMENT.—The heading
‘‘(10) UNIT OF GENERAL LOCAL GOVERNMENT.— fiscal year 2021, out of any money in the Treas- for title VI of the Social Security Act (42 U.S.C.
The term ‘unit of general local government’ has ury not otherwise appropriated, $2,000,000,000 to 801 et seq.) is amended by striking ‘‘FUND’’ and
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1257
inserting ‘‘, FISCAL RECOVERY, AND CRIT- lated expenses attributable to COVID–19’ means ministrator of the United States Agency for
ICAL CAPITAL PROJECTS FUNDS’’. health care related expenses to prevent, prepare International Development for fiscal year 2021,
Subtitle N—Other Provisions for, and respond to COVID–19, including the out of any money in the Treasury not otherwise
SEC. 9911. FUNDING FOR PROVIDERS RELATING building or construction of a temporary struc- appropriated, $41,000,000, to remain available
TO COVID–19. ture, the leasing of a property, the purchase of until September 30, 2022, to carry out the provi-
Part A of title XI of the Social Security Act medical supplies and equipment, including per- sions of section 667 of the Foreign Assistance
(42 U.S.C. 1301 et seq.) is amended by adding at sonal protective equipment and testing supplies, Act of 1961 (22 U.S.C. 2427) for necessary ex-
the end the following: providing for increased workforce and training penses of the United States Agency for Inter-
‘‘SEC. 1150C. FUNDING FOR PROVIDERS RELAT- (including maintaining staff, obtaining addi- national Development to prevent, prepare for,
ING TO COVID–19. tional staff, or both), the operation of an emer- and respond to coronavirus domestically or
‘‘(a) FUNDING.—In addition to amounts other- gency operation center, retrofitting a facility, internationally, and for other operations and
wise available, there is appropriated to the Sec- providing for surge capacity, and other expenses maintenance requirements related to
retary, for fiscal year 2021, out of any monies in determined appropriate by the Secretary. coronavirus.
the Treasury not otherwise appropriated, ‘‘(3) LOST REVENUE ATTRIBUTABLE TO COVID– SEC. 10003. GLOBAL RESPONSE.
$8,500,000,000 for purposes of making payments 19.—The term ‘lost revenue attributable to (a) IN GENERAL.—In addition to amounts oth-
to eligible health care providers for health care COVID–19’ has the meaning given that term in erwise available, there is authorized and appro-
related expenses and lost revenues that are at- the Frequently Asked Questions guidance re- priated to the Secretary of State for fiscal year
tributable to COVID–19. Amounts appropriated leased by the Department of Health and Human 2021, out of any money in the Treasury not oth-
under the preceding sentence shall remain avail- Services in June 2020, including the difference erwise appropriated, $8,675,000,000, to remain
able until expended. between such provider’s budgeted and actual available until September 30, 2022, for necessary
‘‘(b) APPLICATION REQUIREMENT.—To be eligi- revenue if such budget had been established and expenses to carry out the provisions of section
ble for a payment under this section, an eligible approved prior to March 27, 2020. 531 of chapter 4 of part II of the Foreign Assist-
health care provider shall submit to the Sec- ‘‘(4) PAYMENT.— The term ‘payment’ includes, ance Act of 1961 (22 U.S.C. 2346) as health pro-
retary an application in such form and manner as determined appropriate by the Secretary, a grams to prevent, prepare for, and respond to
as the Secretary shall prescribe. Such applica- pre-payment, a prospective payment, a retro- coronavirus, which shall include recovery from
tion shall contain the following: spective payment, or a payment through a grant the impacts of such virus and shall be allocated
‘‘(1) A statement justifying the need of the or other mechanism. as follows—
provider for the payment, including documenta- ‘‘(5) RURAL PROVIDER OR SUPPLIER.—The term (1) $905,000,000 to be made available to the
tion of the health care related expenses attrib- ‘rural provider or supplier’ means— United States Agency for International Develop-
utable to COVID–19 and lost revenues attrib- ‘‘(A) a— ment for global health activities to prevent, pre-
utable to COVID–19. ‘‘(i) provider or supplier located in a rural pare for, and respond to coronavirus, which
‘‘(2) The tax identification number of the pro- area (as defined in section 1886(d)(2)(D)); or shall include a contribution to a multilateral
vider. ‘‘(ii) provider treated as located in a rural vaccine development partnership to support epi-
‘‘(3) Such assurances as the Secretary deter- area pursuant to section 1886(d)(8)(E); demic preparedness;
mines appropriate that the eligible health care ‘‘(B) a provider or supplier located in any (2) $3,750,000,000 to be made available to the
provider will maintain and make available such other area that serves rural patients (as defined Department of State to support programs for the
documentation and submit such reports (at such by the Secretary), which may include, but is not prevention, treatment, and control of HIV/AIDS
time, in such form, and containing such infor- required to include, a metropolitan statistical in order to prevent, prepare for, and respond to
mation as the Secretary shall prescribe) as the area with a population of less than 500,000 (de- coronavirus, including to mitigate the impact on
Secretary determines is necessary to ensure com- termined based on the most recently available such programs from coronavirus and support re-
pliance with any conditions imposed by the Sec- data); covery from the impacts of the coronavirus, of
retary under this section. ‘‘(C) a rural health clinic (as defined in sec- which not less than $3,500,000,000 shall be for a
‘‘(4) Any other information determined appro- tion 1861(aa)(2)); United States contribution to the Global Fund
priate by the Secretary. ‘‘(D) a provider or supplier that furnishes to Fight AIDS, Tuberculosis and Malaria;
‘‘(c) LIMITATION.—Payments made to an eligi- home health, hospice, or long-term services and (3) $3,090,000,000 to be made available to the
ble health care provider under this section may supports in an individual’s home located in a United States Agency for International Develop-
not be used to reimburse any expense or loss rural area (as defined in section 1886(d)(2)(D)); ment to prevent, prepare for, and respond to
that— or coronavirus, which shall include support for
‘‘(1) has been reimbursed from another source; ‘‘(E) any other rural provider or supplier (as international disaster relief, rehabilitation, and
or defined by the Secretary).’’. reconstruction, for health activities, and to meet
‘‘(2) another source is obligated to reimburse. SEC. 9912. EXTENSION OF CUSTOMS USER FEES. emergency food security needs; and
‘‘(d) APPLICATION OF REQUIREMENTS, RULES, (a) IN GENERAL.—Section 13031(j)(3) of the (4) $930,000,000 to be made available to pre-
AND PROCEDURES.—The Secretary shall apply Consolidated Omnibus Budget Reconciliation vent, prepare for, and respond to coronavirus,
any requirements, rules, or procedures as the Act of 1985 (19 U.S.C. 58c(j)(3)) is amended— which shall include activities to address eco-
Secretary deems appropriate for the efficient (1) in subparagraph (A), by striking ‘‘October nomic and stabilization requirements resulting
execution of this section. 21, 2029’’ and inserting ‘‘September 30, 2030’’; from such virus.
‘‘(e) DEFINITIONS.—In this section: and (b) WAIVER OF LIMITATION.—Any contribution
‘‘(1) ELIGIBLE HEALTH CARE PROVIDER.—The (2) in subparagraph (B)(i), by striking ‘‘Octo- to the Global Fund to Fight AIDS, Tuberculosis
term ‘eligible health care provider’ means— ber 21, 2029’’ and inserting ‘‘September 30, and Malaria made pursuant to subsection (a)(2)
‘‘(A) a provider of services (as defined in sec- 2030’’. shall be made available notwithstanding section
tion 1861(u)) or a supplier (as defined in section (b) RATE FOR MERCHANDISE PROCESSING 202(d)(4)(A)(i) of the United States Leadership
1861(d)) that— FEES.—Section 503 of the United States-Korea Against HIV/AIDS, Tuberculosis, and Malaria
‘‘(i) is enrolled in the Medicare program under Free Trade Agreement Implementation Act Act of 2003 (22 U.S.C. 7622(d)(4)(A)(i)), and such
title XVIII under section 1866(j) (including tem- (Public Law 112–41; 19 U.S.C. 3805 note) is contribution shall not be considered a contribu-
porarily enrolled during the emergency period amended by striking ‘‘October 21, 2029’’ and in- tion for the purpose of applying such section
described in section 1135(g)(1)(B) for such pe- serting ‘‘September 30, 2030’’. 202(d)(4)(A)(i).
riod); TITLE X—COMMITTEE ON FOREIGN SEC. 10004. HUMANITARIAN RESPONSE.
‘‘(ii) provides diagnoses, testing, or care for RELATIONS (a) IN GENERAL.—In addition to amounts oth-
individuals with possible or actual cases of
SEC. 10001. DEPARTMENT OF STATE OPERATIONS. erwise available, there is authorized and appro-
COVID–19; and
‘‘(iii) is a rural provider or supplier; or In addition to amounts otherwise available, priated to the Secretary of State for fiscal year
‘‘(B) a provider or supplier that— there is authorized and appropriated to the Sec- 2021, out of any money in the Treasury not oth-
‘‘(i) is enrolled with a State Medicaid plan retary of State for fiscal year 2021, out of any erwise appropriated, $500,000,000, to remain
under title XIX (or a waiver of such plan) in ac- money in the Treasury not otherwise appro- available until September 30, 2022, to carry out
cordance with subsections (a)(77) and (kk) of priated, $204,000,000, to remain available until the provisions of section 2(a) and (b) of the Mi-
section 1902 (including enrolled pursuant to sec- September 30, 2022, for necessary expenses of the gration and Refugee Assistance Act of 1962 (22
tion 1902(a)(78) or section 1932(d)(6)) or enrolled Department of State to carry out the authori- U.S.C. 2601(a) and (b)) to prevent, prepare for,
with a State child health plan under title XXI ties, functions, duties, and responsibilities in the and respond to coronavirus.
(or a waiver of such plan) in accordance with conduct of the foreign affairs of the United (b) USE OF FUNDS.—Funds appropriated pur-
subparagraph (G) of section 2107(e)(1) (includ- States, to prevent, prepare for, and respond to suant to this section shall not be made available
ing enrolled pursuant to subparagraph (D) or coronavirus domestically or internationally, for the costs of resettling refugees in the United
States.
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(Q) of such section); which shall include maintaining Department of
‘‘(ii) provides diagnoses, testing, or care for State operations. SEC. 10005. MULTILATERAL ASSISTANCE.
individuals with possible or actual cases of SEC. 10002. UNITED STATES AGENCY FOR INTER- In addition to amounts otherwise available,
COVID–19; and NATIONAL DEVELOPMENT OPER- there is authorized and appropriated to the Sec-
‘‘(iii) is a rural provider or supplier. ATIONS. retary of State for fiscal year 2021, out of any
‘‘(2) HEALTH CARE RELATED EXPENSES ATTRIB- In addition to amounts otherwise available, money in the Treasury not otherwise appro-
UTABLE TO COVID–19.—The term ‘health care re- there is authorized and appropriated to the Ad- priated, $580,000,000, to remain available until
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H1258 CONGRESSIONAL RECORD — HOUSE March 10, 2021
September 30, 2022, to carry out the provisions of (3) $10,000,000 shall be for carrying out section be distributed according to the same funding
section 301(a) of the Foreign Assistance Act of 7 of the Act of August 5, 1954 (42 U.S.C. 2004a) formula used in fiscal year 2021.
1961 (22 U.S.C. 2221(a)) to prevent, prepare for, for expenses relating to potable water delivery. (B) NATIVE HAWAIIANS.—Of the amounts made
and respond to coronavirus, which shall include (b) Funds appropriated by subsection (a) shall available under this paragraph, $5,000,000 shall
support for the priorities and objectives of the be made available to restore amounts, either di- be for grants under title VIII of NAHASDA.
United Nations Global Humanitarian Response rectly or through reimbursement, for obligations (C) USE.—Amounts made available under this
Plan COVID–19 through voluntary contribu- for the purposes specified in this section that paragraph shall be used by recipients to pre-
tions to international organizations and pro- were incurred to prevent, prepare for, and re- vent, prepare for, and respond to coronavirus,
grams administered by such organizations. spond to COVID–19 during the period beginning including to maintain normal operations and
TITLE XI—COMMITTEE ON INDIAN on the date on which the public health emer- fund eligible affordable housing activities under
AFFAIRS gency was declared by the Secretary on January NAHASDA during the period that the program
31, 2020, pursuant to section 319 of the Public is impacted by coronavirus. In addition,
SEC. 11001. INDIAN HEALTH SERVICE.
Health Service Act (42 U.S.C. 247d) with respect amounts made available under subparagraph
(a) In addition to amounts otherwise avail- (B) may be used to provide rental assistance to
to COVID–19 and ending on the date of the en-
able, there is appropriated to the Secretary of eligible Native Hawaiian families both on and
actment of this Act.
Health and Human Services (in this section re- off the Hawaiian Home Lands.
(c) Funds made available under subsection (a)
ferred to as the ‘‘Secretary’’) for fiscal year (D) TIMING OF OBLIGATIONS.—Amounts made
to Tribes and Tribal organizations under the In-
2021, out of any money in the Treasury not oth- available under this paragraph shall be used, as
dian Self-Determination and Education Assist-
erwise appropriated, $6,094,000,000, to remain necessary, to cover or reimburse allowable costs
ance Act (25 U.S.C. 5301 et seq.) shall be avail-
available until expended, of which— to prevent, prepare for, and respond to
able on a one-time basis. Such non-recurring
(1) $5,484,000,000 shall be for carrying out the coronavirus that are incurred by a recipient, in-
funds shall not be part of the amount required
Act of August 5, 1954 (42 U.S.C. 2001 et seq.) cluding for costs incurred after January 21,
by section 106 of the Indian Self-Determination
(commonly referred to as the Transfer Act), the 2020.
and Education Assistance Act (25 U.S.C. 5325),
Indian Self-Determination and Education As- (E) WAIVERS OR ALTERNATIVE REQUIRE-
and such funds shall only be used for the pur-
sistance Act (25 U.S.C. 5301 et seq.), the Indian MENTS.—The Secretary may waive or specify al-
poses identified in this section.
Health Care Improvement Act (25 U.S.C. 1601 et ternative requirements for any provision of
seq.), and titles II and III of the Public Health SEC. 11002. BUREAU OF INDIAN AFFAIRS.
NAHASDA (25 U.S.C. 4101 et seq.) or regulation
Service Act (42 U.S.C. 201 et seq. and 241 et seq.) (a) IN GENERAL.—In addition to amounts oth-
applicable to the Native American Housing
with respect to the Indian Health Service, of erwise made available, there is appropriated for
Block Grants or Native Hawaiian Housing
which— fiscal year 2021, out of any money in the Treas-
Block Grant program other than requirements
(A) $2,000,000,000 shall be for lost reimburse- ury not otherwise appropriated, $900,000,000 to
related to fair housing, nondiscrimination, labor
ments, in accordance with section 207 of the In- remain available until expended, pursuant to
standards, and the environment, upon a finding
dian Health Care Improvement Act (25 U.S.C. the Snyder Act (25 U.S.C. 13), of which—
that the waiver or alternative requirement is
1621f); (1) $100,000,000 shall be for Tribal housing im-
necessary to expedite or facilitate the use of
(B) $500,000,000 shall be for the provision of provement;
amounts made available under this paragraph.
additional health care services, services pro- (2) $772,500,000 shall be for Tribal government
(F) UNOBLIGATED AMOUNTS.—Amounts made
vided through the Purchased/Referred Care pro- services, public safety and justice, social serv- available under this paragraph which are not
gram, and other related activities; ices, child welfare assistance, and for other re- accepted, are voluntarily returned, or otherwise
(C) $140,000,000 shall be for information tech- lated expenses; recaptured for any reason shall be used to fund
nology, telehealth infrastructure, and the In- (3) $7,500,000 shall be for related Federal ad- grants under paragraph (2).
dian Health Service electronic health records ministrative costs and oversight; and (2) INDIAN COMMUNITY DEVELOPMENT BLOCK
system; (4) $20,000,000 shall be to provide and deliver GRANTS.—$280,000,000 shall be available for
(D) $84,000,000 shall be for maintaining oper- potable water. grants under title I of the Housing and Commu-
ations of the Urban Indian health program, (b) EXCLUSIONS FROM CALCULATION.—Funds nity Development Act of 1974, subject to the fol-
which shall be in addition to other amounts appropriated under subsection (a) shall be ex- lowing terms and conditions:
made available under this subsection for Urban cluded from the calculation of funds received by (A) USE.—Amounts made available under this
Indian organizations (as defined in section 4 of those Tribal governments that participate in the paragraph shall be used for emergencies that
the Indian Health Care Improvement Act (25 ‘‘Small and Needy’ ’’ program. constitute imminent threats to health and safety
U.S.C. 1603)); (c) ONE-TIME BASIS FUNDS.—Funds made and are designed to prevent, prepare for, and
(E) $600,000,000 shall be for necessary expenses available under subsection (a) to Tribes and respond to coronavirus.
to plan, prepare for, promote, distribute, admin- Tribal organizations under the Indian Self-De- (B) PLANNING.—Not to exceed 20 percent of
ister, and track COVID–19 vaccines, for the pur- termination and Education Assistance Act (25 any grant made with funds made available
poses described in subparagraphs (F) and (G), U.S.C. 5301 et seq.) shall be available on a one- under this paragraph shall be expended for
and for other vaccine-related activities; time basis. Such non-recurring funds shall not planning and management development and ad-
(F) $1,500,000,000 shall be for necessary ex- be part of the amount required by section 106 of ministration.
penses to detect, diagnose, trace, and monitor the Indian Self-Determination and Education (C) TIMING OF OBLIGATIONS.—Amounts made
COVID–19 infections, activities necessary to Assistance Act (25 U.S.C. 5325), and such funds available under this paragraph shall be used, as
mitigate the spread of COVID–19, supplies nec- shall only be used for the purposes identified in necessary, to cover or reimburse allowable costs
essary for such activities, for the purposes de- this section. to prevent, prepare for, and respond to
scribed in subparagraphs (E) and (G), and for SEC. 11003. HOUSING ASSISTANCE AND SUP- coronavirus incurred by a recipient, including
other related activities; PORTIVE SERVICES PROGRAMS FOR for costs incurred after January 21, 2020.
(G) $240,000,000 shall be for necessary ex- NATIVE AMERICANS. (D) INAPPLICABILITY OF PUBLIC SERVICES
penses to establish, expand, and sustain a pub- (a) APPROPRIATION.—In addition to amounts CAP.—Indian tribes may use up to 100 percent of
lic health workforce to prevent, prepare for, and otherwise available, there is appropriated to the any grant from amounts made available under
respond to COVID–19, other public health work- Secretary of Housing and Urban Development this paragraph for public services activities to
force-related activities, for the purposes de- (in this section referred to as the ‘‘Secretary’’) prevent, prepare for, and respond to
scribed in subparagraphs (E) and (F), and for for fiscal year 2021, out of any money in the coronavirus.
other related activities; and Treasury not otherwise appropriated, (E) WAIVERS OR ALTERNATIVE REQUIRE-
(H) $420,000,000 shall be for necessary ex- $750,000,000, to remain available until September MENTS.—The Secretary may waive or specify al-
penses related to mental health and substance 30, 2025, to prevent, prepare for, and respond to ternative requirements for any provision of title
use prevention and treatment services, for the coronavirus, for activities and assistance au- I of the Housing and Community Development
purposes described in subparagraph (C) and thorized under title I of the Native American Act of 1974 (42 U.S.C. 5301 et seq.) or regulation
paragraph (2) as related to mental health and Housing Assistance and Self-Determination Act applicable to the Indian Community Develop-
substance use prevention and treatment serv- of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.), ment Block Grant program other than require-
ices, and for other related activities; under title VIII of NAHASDA (25 U.S.C. 4221 et ments related to fair housing, nondiscrimina-
(2) $600,000,000 shall be for the lease, pur- seq.), and under section 106(a)(1) of the Housing tion, labor standards, and the environment,
chase, construction, alteration, renovation, or and Community Development Act of 1974 with upon a finding that the waiver or alternative re-
equipping of health facilities to respond to respect to Indian tribes (42 U.S.C. 5306(a)(1)), quirement is necessary to expedite or facilitate
COVID–19, and for maintenance and improve- which shall be made available as follows: the use of amounts made available under this
ment projects necessary to respond to COVID–19 (1) HOUSING BLOCK GRANTS.—$455,000,000 shall paragraph.
under section 7 of the Act of August 5, 1954 (42 be available for the Native American Housing (3) TECHNICAL ASSISTANCE.—$10,000,000 shall
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U.S.C. 2004a), the Indian Self-Determination Block Grants and Native Hawaiian Housing be used to make new awards or increase prior
and Education Assistance Act (25 U.S.C. 5301 et Block Grant programs, as authorized under ti- awards to existing technical assistance providers
seq.), the Indian Health Care Improvement Act tles I and VIII of NAHASDA, subject to the fol- to provide an immediate increase in training
(25 U.S.C. 1601 et seq.), and titles II and III of lowing terms and conditions: and technical assistance to Indian tribes, In-
the Public Health Service Act (42 U.S.C. 202 et (A) FORMULA.—Of the amounts made avail- dian housing authorities, tribally designated
seq.) with respect to the Indian Health Service; able under this paragraph, $450,000,000 shall be housing entities, and recipients under title VIII
and for grants under title I of NAHASDA and shall of NAHASDA for activities under this section.
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1259
(4) OTHER COSTS.—$5,000,000 shall be used for The text of the motion is as follows: those children and their futures—and
the administrative costs to oversee and admin- Mr. Yarmuth moves that the House concur the future of our country.
ister the implementation of this section, and pay in the Senate amendment to H.R. 1319. The legislation has been called one of
for associated information technology, financial The SPEAKER pro tempore. Pursu- the most consequential pieces of legis-
reporting, and other costs.
ant to House Resolution 198, the mo- lation in modern history. Well, I guess
SEC. 11004. COVID–19 RESPONSE RESOURCES FOR
THE PRESERVATION AND MAINTE-
tion shall be debatable for 2 hours that depends—if you are measuring in
NANCE OF NATIVE AMERICAN LAN- equally divided among and controlled terms of relief for nearly every Amer-
GUAGES. by the chair and ranking minority ican family and hardworking indi-
(a) Section 816 of the Native American Pro- member of the Committee on the Budg- vidual; if your yardstick is lifting mil-
grams Act of 1974 (42 U.S.C. 2992d) is amended et or their respective designees and the lions of children out of poverty and
by adding at the end the following: chair and ranking minority member of giving parents the help they des-
‘‘(f) In addition to amounts otherwise avail-
the Committee on Ways and Means or perately need; if your metrics are a
able, there is appropriated for fiscal year 2021,
out of any money in the Treasury not otherwise their respective designees. strong and inclusive economic future
appropriated, $20,000,000 to remain available The gentleman from Kentucky (Mr. both in the short term and long term,
until expended, to carry out section 803C(g) of YARMUTH), the gentleman from Mis- then it is easy to agree.
this Act.’’. souri (Mr. SMITH), the gentleman from And the American people do. They
(b) Section 803C of the Native American Pro- Massachusetts (Mr. NEAL), and the gen- get what we are doing. They know all
grams Act of 1974 (42 U.S.C. 2991b–3) is amended tleman from Texas (Mr. BRADY) each too well the challenges facing our Na-
by adding at the end the following: will control 30 minutes. tion, and that is why the vast majority
‘‘(g) EMERGENCY GRANTS FOR NATIVE AMER- The Chair now recognizes the gen-
ICAN LANGUAGE PRESERVATION AND MAINTE-
of them—Democrats, Republicans, and
NANCE.—Not later than 180 days after the effec-
tleman from Kentucky. independents—support the American
tive date of this subsection, the Secretary shall GENERAL LEAVE Rescue Plan.
award grants to entities eligible to receive assist- Mr. YARMUTH. Mr. Speaker, I ask
b 1015
ance under subsection (a)(1) to ensure the sur- unanimous consent that all Members
vival and continuing vitality of Native Amer- have 5 legislative days within which to Look, this is it. Congress’ work on
ican languages during and after the public revise and extend their remarks and in- the bill is almost done. In just a short
health emergency declared by the Secretary pur- sert extraneous material into the time, we will pass this legislation. We
suant to section 319 of the Public Health Service will send it to President Biden’s desk,
RECORD on the Senate amendment to
Act (42 U.S.C. 247d) with respect to the COVID– and he will sign it into law. We prom-
19 pandemic.’’. H.R. 1319.
The SPEAKER pro tempore. Is there ised relief. The President promised re-
SEC. 11005. BUREAU OF INDIAN EDUCATION.
objection to the request of the gen- lief, and now help is on the way.
In addition to amounts otherwise available,
tleman from Kentucky? Mr. Speaker, I reserve the balance of
there is appropriated to the Bureau of Indian
Education for fiscal year 2021, out of any money There was no objection. my time.
in the Treasury not otherwise appropriated, Mr. YARMUTH. Mr. Speaker, I yield Mr. SMITH of Missouri. Mr. Speaker,
$850,000,000, to remain available until expended, myself such time as I may consume. I yield myself such time as I may con-
to be allocated by the Director of the Bureau of Mr. Speaker, as the sponsor of this sume.
Indian Education not more than 45 calendar legislation, I am immensely proud that Mr. Speaker, rewards the political
days after the date of enactment of this Act, for we will soon send this bill to President class, not the working class; that
programs or activities operated or funded by the Biden’s desk to be signed into law. We should be the name of this bailout
Bureau of Indian Education, for Bureau-funded plan.
schools (as defined in section 1141(3) of the Edu-
have acted with the urgency this pan-
cation Amendments of 1978 (25 U.S.C. 2021(3)), demic demands, while following every When our Democrat colleagues got
and for Tribal Colleges or Universities (as de- House rule and proper procedure re- together to describe how to proceed on
fined in section 316(b)(3) of the Higher Edu- quired for a budget reconciliation additional COVID–19 spending, they
cation Act of 1965 (20 U.S.C. 1059c(b)(3))). package. could have done a number of things.
SEC. 11006. AMERICAN INDIAN, NATIVE HAWAI- The American Rescue Plan is aggres- They should have followed the bipar-
IAN, AND ALASKA NATIVE EDU- sive—no doubt about it. But research- tisan precedent set over the past year
CATION.
ers and health professionals have told and worked across the aisle. Instead,
In addition to amounts otherwise available, they chose a purely partisan process to
us this is what is needed to scale up
there is appropriated to the Department of Edu-
cation for fiscal year 2021, out of any money in testing and tracing, to address PPE jam through a radical agenda, putting
the Treasury not otherwise appropriated, shortages, and to speed up equitable the political class ahead of America’s
$190,000,000, to remain available until expended, vaccine distribution. They have told us working class.
for awards, which shall be determined by the these investments are needed if we They could have looked at the data
Secretary of Education not more than 180 cal- want to save lives and defeat this pan- coming out of the Congressional Budg-
endar days after the date of enactment of this demic once and for all. et Office. Had they done so, they would
Act, of which— Economists have also made clear have seen that, absent any new fund-
(1) $20,000,000 shall be for awards for Tribal what is needed to generate a strong, in- ing, the economy is projected to reach
education agencies for activities authorized
under section 6121(c) of the Elementary and Sec-
clusive economic recovery. And again, prepandemic levels of real GDP growth
ondary Education Act of 1965 (20 U.S.C. we listened. This bill provides direct fi- by the middle of this year. Further,
7441(c)); nancial relief to more than 80 percent they would have seen that without this
(2) $85,000,000 shall be for awards to entities of American families. It helps feed hun- bailout, America is already projected
eligible to receive grants under section 6205(a)(1) gry Americans and provides financial to see its largest GDP growth in 15
of the Elementary and Secondary Education Act support so families can afford health years. Instead, they ignored the data,
of 1965 (20 U.S.C. 7515(a)(1)) for activities au- coverage during the greatest health just like they have ignored the science.
thorized under section 6205(a)(3) of the Elemen- crisis of our lifetimes. It prevents more And they now hope that their bailout
tary and Secondary Education Act of 1965 (20
U.S.C. 7515(a)(3)); and
than 10 million workers from losing plan gets credit for an economic recov-
(3) $85,000,000 shall be for awards to entities lifeline unemployment benefits—while ery that CBO tells us is already under-
eligible to receive grants under section 6304(a)(1) also making the first $10,200 of these way.
of the Elementary and Secondary Education Act payments tax free. It helps families They could have accounted for the
of 1965 of 1965 (20 U.S.C. 7544(a)(1)) for activi- facing eviction stay in their homes. approximately $1 trillion in COVID–19
ties authorized under section 6304(a)(2–3) of the And it expands the earned income tax money Congress already appropriated
Elementary and Secondary Education Act of credit, putting more money in the in a bipartisan approach but which has
1965 (20 U.S.C. 7544(a)(2–3)) and other related pockets of hardworking Americans. not been spent yet. Instead, they ig-
activities.
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The American Rescue Plan will pro- nored calls to provide an accurate and
MOTION TO CONCUR vide the resources needed to open thorough accounting of unspent funds.
Mr. YARMUTH. Mr. Speaker, I have schools safely and make up for lost Now, they are charging American tax-
a motion at the desk. time in the classroom. It will cut the payers another $2 trillion.
The SPEAKER pro tempore. The child poverty rate in half—in half. Just They could have focused on timely
Clerk will designate the motion. think about what that will mean for and targeted relief to support those
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H1260 CONGRESSIONAL RECORD — HOUSE March 10, 2021
that are most in need, to reopen We included support for State and For the sake of my constituents and
schools in our communities and store- local governments, for our essential all Americans, I am voting ‘‘yes’’ on
fronts on Main Street, and to crush the workers, resources to help our schools the American Rescue Plan.
virus and put shots in Americans’ open safely, child tax credits that will Mr. SMITH of Missouri. Mr. Speaker,
arms. Instead, less than 9 percent of cut child poverty in half, and invest- I appreciate the gentleman from Ne-
this bailout goes to crushing the virus ments to crush the virus worldwide. vada. I will remind him that with this
and dispensing vaccines. Only 5 percent We will, however, continue to fight bill, if it is signed into law, his 500,000
of the K–12 education funding will be for a $15 minimum wage to lift low-in- seniors will face a $3 billion cut to
spent this year, even as Americans are come people out of poverty. Medicare. So his vote today will cost a
told this money is needed to reopen I ask for an ‘‘aye’’ vote. $3 billion cut to the seniors of Nevada.
their children’s schools. Mr. SMITH of Missouri. Mr. Speaker, Mr. Speaker, I yield 1 minute to the
Of course, Democrat leaders are more I appreciate the gentlewoman from gentleman from Pennsylvania (Mr.
than willing to spend hundreds of bil- California. I will remind her that if MEUSER).
lions to bail out States, sending a dis- this bill were enacted, her State’s 6 Mr. MEUSER. Mr. Speaker, over the
proportionate share of that money to million seniors would see a cut of past year, Congress passed five bipar-
those States run by their political bud- Medicare of over $44 billion in the next tisan and targeted relief bills, totaling
dies that will reward and incentivize 10 years. $3.7 trillion, to respond to the COVID–
further lockdowns. Mr. Speaker, I yield 1 minute to the 19 pandemic. These packages succeeded
Just look at how they changed the gentleman from California (Mr. in supporting our economy through the
State funding formula. California, MCCLINTOCK). worst of this crisis.
where revenues are, in fact, up, and Mr. MCCLINTOCK. Mr. Speaker,
Now, Democrat leadership wants to
they are sitting on a surplus of $10-plus there is one thing that all sides can
spend another $2 trillion on an exces-
billion, will now get billions more than agree on: This is the most leftwing bill
sive plan that directs just 1 percent to-
they otherwise would have, a direct re- ever passed by the Congress.
But beware. There is no such thing as ward vaccines, 1 percent, and provides
ward to the Speaker and Vice Presi- far beyond what is needed to fuel our
dent’s home State. free money. All of it must be borrowed
from the same capital pool that would continued recovery.
It was all so predictable, really. States will receive $350 billion on top
From the very beginning of this proc- otherwise be available as loans to con-
sumers, home buyers, and small busi- of the $500 billion already allocated.
ess, Republicans have been saying that Revenue is actually up in these States.
this bailout was never about COVID re- nesses. And it will be repaid entirely
Supplementing unemployment com-
lief but, rather, about Democrats try- from your future earnings in the years
pensation while small business is hurt-
ing to notch some wins for their polit- ahead.
Divided by the number of U.S. house- ing for employees is the wrong move to
ical base, to appease their allies rather be made at this time.
than help Americans. holds, the bill, for an average family,
comes to roughly $15,000. Now, that is Mr. Speaker, in this bill, felons, in-
Amazingly, Democrats are not even cluding currently incarcerated mur-
shy now about admitting that fact. The money that has to be taken from your
family through future taxes and infla- derers, were not exempt from receiving
White House Chief of Staff has called these stimulus checks that are in-
this bill the ‘‘most progressive domes- tion, through lower wages and earnings
as businesses pass along their costs. tended for taxpayers.
tic legislation in a generation.’’ Federal workers, Mr. Speaker, will
Leader SCHUMER, in the Senate, That is the only way that government
debt can be financed. receive up to $35 an hour, in addition to
called it ‘‘one of the most progressive
Government lockdowns have dev- their full salary, to care for a child
pieces of legislation . . . in decades.’’
We are here today, Mr. Speaker, be- astated America’s prosperity. The an- learning from home.
swer is to end the lockdowns, not rob Why do Federal workers deserve such
cause Democrats made a choice, a
Americans of their futures by crushing privilege, Mr. Speaker, when we should
choice to put their own partisan polit-
their families under debt that will de- be focused on economic recovery, get-
ical ambitions ahead of the needs of
stroy their opportunity, independence, ting our children back to school, and
the working class, ahead of the needs
and prosperity in the years ahead. vaccine distribution? That is what is in
of the American people. When our
Mr. YARMUTH. Mr. Speaker, I yield the interests of the American people.
Democrat colleagues speak of unity,
45 seconds to the gentleman from Ne- Mr. YARMUTH. Mr. Speaker, I yield
they mean keeping their party to-
vada (Mr. HORSFORD), a distinguished 2 minutes to the gentleman from South
gether, not pulling this country to-
member of the Budget Committee. Carolina (Mr. CLYBURN), the majority
gether.
That is why we have before us this Mr. HORSFORD. Mr. Speaker, I rise whip.
wrong plan at the wrong time for so in support of the American Rescue Mr. CLYBURN. Mr. Speaker, I thank
many wrong reasons. Plan. the gentleman for yielding me the
Mr. Speaker, I reserve the balance of Last year, as the COVID–19 pandemic time.
my time. first spread, I worked across the aisle Mr. Speaker, the American Rescue
Mr. YARMUTH. Mr. Speaker, I yield to pass the CARES Act. Passing that Plan enjoys overwhelming public sup-
45 seconds to the gentlewoman from bill required compromise, and the final port because it addresses critical needs
California (Ms. LEE), a distinguished legislation omitted key provisions that exasperated by COVID–19. It is sup-
member of the Budget Committee. I wanted us to deliver on. But the ported by 75 percent of the American
Ms. LEE of California. Mr. Speaker, I American people got the relief they people, 71 percent of independents, and
rise in strong support of this rescue needed, and that was what was the 60 percent of Republicans.
plan. most important thing. This legislation is transformative. It
I thank Chairman YARMUTH, the One year later, with Democrats in specifically provides $1.6 billion for
Speaker, and all the committee chairs the White House, Republicans won’t HBCUs and additional funds through
for this historic and transformative help us in this pandemic. Why? Because the United States Department of Agri-
bill. Donald Trump’s name won’t be on the culture, which is now authorized to in-
We have struggled through a year of stimulus checks? Is that how easily crease its support of our 1890 land grant
gross neglect. People have suffered. they will abandon their constituents? institutions.
They have died. They have lost their The American Rescue Plan will de- The Washington Post reports: A lit-
jobs and businesses. Families are living liver $1,400 stimulus checks, cut child tle-known element of this ‘‘package
on the edge. But today, thank God, poverty in half, and provide critical would pay billions of dollars to dis-
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help is on the way. support to help our communities re- advantaged farmers, benefiting Black
We included provisions to ensure that cover and reopen. farmers in a way that some experts say
communities of color disproportion- The time for action is now, and if Re- no legislation has since the Civil
ately impacted by the virus get the publicans won’t help us crush the Rights Act of 1964.’’
care and vaccines they desperately coronavirus, we will do it without The New York Times says: ‘‘Re-
need. them. searchers predict it could become one
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1261
of the most effective laws to fight pov- Mr. Speaker, I yield 45 seconds to the We still have $1 trillion unspent from
erty in a generation,’’ and would ‘‘cut gentleman from California (Mr. LEVIN), the previous $4 trillion, and despite the
the child poverty rate in half.’’ a distinguished member of the Vet- efforts of the Republicans on the Budg-
The Associated Press declares: ‘‘Sev- erans’ Affairs Committee. et Committee begging the President
eral million people stand to save hun- Mr. LEVIN of California. Mr. Speak- for answers, we can’t even get an ac-
dreds of dollars in health insurance er, as the proud vice chair of the House counting for that.
costs’’ in ‘‘the biggest expansion of Committee on Veterans’ Affairs, I par- The bill gives $500 billion in bailouts
Federal help for health insurance’’ ticularly want to call out the critical to failed, poorly run blue State govern-
since the Affordable Care Act. relief that the American Rescue Plan ments that have only lost an estimated
I call upon my Republican colleagues provides for those who have served our $7.6 billion in revenue. The bill does
to stop their March madness and show country. nothing to push the blue States to re-
some compassion for their constituents The bill includes important funding open, to even get the bailout money.
who are less than wealthy. for the Veterans Health Administra- Those amendments were rejected.
Mr. SMITH of Missouri. Mr. Speaker, tion, prohibits copayments for medical At least the House Democrats didn’t
I appreciate the gentleman from South care for veterans during the pandemic, call us Neanderthals when they voted
Carolina, and I will remind him that if strengthens VA’s supply chain mod- against reopening.
this bill becomes law, the 1 million ernization, and helps State Veterans The CDC estimated last spring that
seniors in his State will face a $7 bil- Homes upgrade and enhance their safe- it would cost $25 billion to reopen the
lion cut over the next 10 years to Medi- ty operations. schools, and there was $70 billion al-
care. It provides critical funding to in- ready spent in the $4 trillion worth of
Mr. Speaker, I yield 1 minute to the crease VA’s claims and appeals process COVID packages from last year. How-
gentleman from Georgia (Mr. CARTER). to reduce the backlog caused by ever, there is no pressure on the
Mr. CARTER of Georgia. Mr. Speak- COVID–19, and it funds enhanced over- schools to reopen to get the additional
er, I rise today to oppose this bill and sight through VA’s Office of Inspector $130 billion that is in this bill. Those
to urge my colleagues to do the same. General. amendments were rejected, too.
After passing more than $3 trillion As chair of the Economic Oppor- Only 5 percent of the $130 billion will
worth of relief packages, we find our- tunity Subcommittee, I am particu- even be spent this year. That is how es-
selves finally overcoming the COVID–19 larly proud that it provides $386 mil- sential it is for COVID relief.
virus. We have successfully developed lion for a rapid retraining program to But there is $12 billion in foreign aid,
vaccines to combat this virus in record help unemployed veterans get back to $270 billion for arts and humanities,
time, and now we see our economy work. and millions more for the Speaker’s pet
opening up and coming back to full Thanks to the leadership of Com- projects. With $30 trillion in national
strength. mittee Chairman MARK TAKANO and debt, which will be the balance when
What is more, we have yet to spend our colleagues, this bill provides the this is passed, we will owe $90,000 per
$1 trillion that has already been en- relief that veterans need and deserve. citizen.
To our Nation’s veterans, help is on How dare we do that to the next gen-
acted, that has already been appro-
the way. eration.
priated, already been voted on.
Mr. SMITH of Missouri. Mr. Speaker, Mr. YARMUTH. Mr. Speaker, I yield
Why do we need to pass another $1.9
I appreciate the gentleman from Cali- 45 seconds to the gentlewoman from Il-
trillion? You will find the reasons in
fornia, and I will remind him that his linois (Ms. SCHAKOWSKY), a distin-
the more than 90 percent of the bill
State has 27 percent of the homeless guished member of the Budget Com-
that does not specifically target com-
population in the United States. But mittee.
bating COVID–19.
under this bill, the CBO projects that Ms. SCHAKOWSKY. Mr. Speaker,
What you will find is a partisan list
precisely zero dollars of the $5 billion this is a historic day. It is the begin-
of priorities and bailouts, 27 percent of
will be spent this year. Wrong plan at ning of the end of the great COVID de-
it going to bailing out State and local
the wrong time for so many wrong rea- pression. It also marks the end of a
governments that insisted on contin-
sons. decades-long successful battle by big
ued harmful lockdowns and did little to Mr. Speaker, I yield 2 minutes to the
stop the virus, 21 percent dedicated to corporations and the super rich in this
gentleman from Virginia (Mr. GOOD).
partisan policies that will reduce em- country for trickle-down economics,
Mr. GOOD of Virginia. Mr. Speaker,
ployment, and 45 percent of the bill the idea that the rich getting richer
this bill is what Democrat control
won’t even be spent until 2022 or later. will somehow make us all do better.
looks like.
Perhaps that is why only two Repub- At $1.9 trillion, this bill spends an av- Wrong.
lican amendments of 229 were accepted. erage of $6,000 per American citizen. Today, we are putting money in the
The only thing bipartisan about this What would you say to somebody pockets of ordinary people, of poor peo-
bill has been the opposition to it. claiming to be a friend, who forced you ple, of the middle class, and they will
to take out a loan for $6,000 because he be the engine that creates a healthy,
b 1030
might give you $1,400 from a portion of prosperous future for all of us.
Mr. YARMUTH. Mr. Speaker, I yield Mr. SMITH of Missouri. Mr. Speaker,
those loan proceeds? Would you con-
myself such time as I may consume. I would like to say that, under Presi-
sider that a good deal?
Mr. Speaker, I suspect we will listen What if the same friend had already dent Trump, we had the lowest poverty
to this throughout this debate. The forced you to take out loans totaling rate since 1959 in 2019. The lowest pov-
ranking member of the Budget Com- $85,000 and you had little to nothing to erty rate since 1959 came under Presi-
mittee, Mr. SMITH, persists in trying to show for it? dent Trump. Thank you to President
scare the American people because he That is the average citizen’s share of Trump.
doesn’t have a valid argument against the national debt. Mr. Speaker, I yield 1 minute to the
this incredible popular bill. This bill takes aggregate so-called gentleman from Iowa (Mr. FEENSTRA).
Let me make this very clear: The COVID relief spending to $6 trillion to Mr. FEENSTRA. Mr. Speaker, I rise
statutory PAYGO requirements, which alleviate an estimated $300 billion in in opposition to this reckless spending
would cause a cut in Medicare, has lost wages. This is 20 times the spend- bill.
never happened, won’t happen, and will ing compared to the lost wages. On Monday, the Congressional Budg-
never happen. In 2017, when Repub- What is next? et Office announced the Federal deficit
licans cut taxes for the wealthy and big This is not even the beginning of the has already exceeded $1 trillion in the
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corporations, we faced the same prob- end of the Democrats’ insatiable desire first 5 months of fiscal year 2021.
lem. We cured that. Democrats helped to spend their citizens into financial Spending this year is already up 25
Republicans solve that issue. The only ruin. percent, and this massive spending bill
way any Medicare dollars get cut be- Only 9 percent of the $1.9 trillion is adds another $1.9 trillion to our deficit.
cause of this bill is if Republicans don’t even related to COVID relief, while 91 We are currently enjoying low inter-
help us correct it. percent is for pet Democrat projects. est rates, but out-of-control spending
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H1262 CONGRESSIONAL RECORD — HOUSE March 10, 2021
will lead to inflation. In this current 2. The Senate-passed bill reduces to The American Rescue Plan Act will put a
year, inflation has already increased by $80,000 the phase-out range for qualification priority on protecting renters and homeowners,
3 percent. Inflation leads to interest of an individual to receive direct payments preventing homelessness, and providing $10
rate hikes. For example, in the 1980s, under the legislation. billion for the Defense Production Act to pro-
the Federal Reserve raised interest 3. The Senate-passed bill extends the Fed- cure essential medical supplies and equip-
rates by 20 percent. eral Pandemic Unemployment Compensation ment.
The debt is already at $28 trillion. So (FPUC) only through September 6, but it re- The American Rescue Plan Act will put
higher interest rates will cause a cata- tains the weekly benefit at the current $300 money in people’s pockets with direct pay-
strophic death spiral. per week, and it also exempts up to $10,200 ments, Unemployment Insurance, Child Tax
This bill does not rescue our country. in unemployment benefits received in 2020 Credit, the Earned Income Tax Credit, and in-
It literally puts us in peril. from federal income taxes for households cludes pension security and expanded Afford-
Mr. YARMUTH. Mr. Speaker, I yield making less than $150,000. able Care Act coverage.
45 seconds to the gentlewoman from Like the House bill, the Senate-passed bill The American Rescue Plan Act will provide
Texas (Ms. JACKSON LEE), a distin- finishes the job on the President’s promise to $17 billion in critical funding to help the VA
guished member of the Budget Com- provide $2,000 per person in direct assistance meet the health and economic security of vet-
mittee. to households across America with checks of erans, especially as relates to the benefits
Ms. JACKSON LEE. Mr. Speaker, the $1,400 per person, following the $600 down claims and appeals backlog caused by
January 6 insurrectionists did not win. payment enacted in December. COVID–19.
The American Government, the people The bill will also provide direct housing as- The American Rescue Plan Act will produce
of the United States, won with a Demo- sistance and nutrition assistance for 40 million and distribute the vaccine and test, treat and
cratic government that has come to Americans, expand access to safe and reliable protect all Americans, including communities
the rescue with the American Rescue child care and affordable health care, extend of color.
Plan.
unemployment insurance so that 18 million The American Rescue Plan Act will provides
The long lines will stop. $20 billion desperately needed funding for our heroes—
American workers can pay their bills and sup-
for vaccines. Cash-strapped Americans health care workers, first responders, sanita-
will get $1,400 and extended unemploy- port 27 million children with an expanded
tion, transportation and food workers, and
ment. We will recognize that our chil- Child Tax Credit and more than 17 million low-
teachers—in states, localities, tribes, and terri-
dren will get back to school with $130 wage childless workers through an improved
tories.
billion. They will be able to stay in Earned Income Tax Credit. Let me speak briefly about another crucially
school. They will be able to regain lost The bill supports communities struggling important feature of the legislation we will
learning. They will be safely in school. with the economic fallout by providing, like the pass today.
And, yes, a working family, who my House bill, crucial support for the hardest-hit The American Rescue Plan Act establishes
friends do not know, a single-parent small businesses, especially those owned by the Coronavirus Local Fiscal Recovery Fund
working full time and making min- entrepreneurs from racial and ethnic back- and provides $45.570 billion in direct funding
imum wage of $15,000 will get $9,525, grounds that have experienced systemic dis- to major metropolitan cities and local govern-
with children under 6, and a child tax crimination, with economic injury disaster ments.
credit of $3,600. loans (EIDL) grants, expanded PPP eligibility In my home state of Texas, metropolitan cit-
Houston will get $650 million; Harris and more. ies are estimated to receive $10.327 billion in
County, $914 million. This legislation provides crucial resources to direct coronavirus relief funding, while the
This is a rescue. The insurrectionists protect the jobs of first responders, frontline state of Texas is slated to receive $16.824 bil-
did not win, but democracy did. The public health workers, and other essential lion, for an estimated $27.152 billion total to
Democrats are on the way to give you workers. the state of Texas.
help. Finally, and very important, the American During the Budget Committee markup, I pro-
Ms. JACKSON LEE. Mr. Speaker, as a sen- Rescue Plan Act establishes the Coronavirus posed, and the Committee agreed that any ef-
ior member of the Committees on the Judici- Local Fiscal Recovery Fund and provides fort to strip or reduce this vital funding is to be
ary, on Homeland Security, on the Budget, $45.570 billion in direct funding to major met- rejected so major metropolitan cities, like
and as the Member of Congress for a con- ropolitan cities and local governments. Houston, receive the direct COVID–19 relief
gressional district that has experienced the With our vote today in support of the Amer- funding desperately needed to battle the
worst of COVID–19 as a public health emer- ican Rescue Plan, congressional Democrats coronavirus, restore critical services to strug-
gency and economic catastrophe, I rise in and President Biden are making good on our gling families, and help save the jobs of es-
strong support of the Senate Amendment to commitment to the American people that help sential public servants like teachers, fire-
H.R. 1319, the ‘‘American Rescue Plan Act of is on the way to crush the virus, open our fighters, and other first responders.
2021,’’ which provides $1.9 trillion to take im- schools safely, and build back better. Let me discuss briefly why direct funding to
mediate and decisive action to crush the virus Mr. Speaker, by an overwhelming margin major metropolitan cities and counties is so
and vaccinate our people, build the economy (72 percent), the public wants and is demand- critical.
back better, reopen schools, and provide ing that we act to provide more economic re- The purpose of providing for direct payment
needed support and assistance to state and lief to address the damage caused by the to major metropolitan cities like Houston and
local governments that have been asked to do coronavirus pandemic. counties like Harris County, as opposed to the
too much with too little for far too long. Nearly two-thirds (65 percent) of Repub- County having to receive an allocation from
To be clear, I would have preferred the licans and Republican-leaning independents the State, is so that the local governments,
version of the American Rescue Plan passed believe an additional relief package is nec- who are in the best position to identify and re-
on February 26, 2021 by the House, without a essary, while more than nine in ten (92 per- spond, will be able to tailor the funding to
single Republican vote, but the amended cent) Democrats and Democratic leaders say meet the urgent needs of their communities.
version of the legislation is infinitely better more coronavirus aid will be needed. For example, under the direct payment pro-
than the feeble and disinterested efforts, and Even the most conservative Republicans visions in the CARES Act, Harris County re-
callous disregard of the previous Administra- favor more relief by a 56 percent–44 percent ceived more federal funding relative to the
tion to this deadly pandemic. margin. amount that would have been received
Mr Speaker, I support the legislation before Nearly nine-in-ten of all adults (88 percent) through the State program and had the flexi-
us because it will put money directly in the in lower-income households say an additional bility needed for more efficient use of this
pockets of hard-pressed and weary Ameri- package is necessary, while 81 percent of Re- funding, which was a concern voiced even by
cans, vaccination shots in their arms, and help publicans in lower-income households (81 per- State leaders over the restrictive way that the
put them back to work and their children back cent) say additional aid is needed now. State of Texas distributed CARES Act funding.
in school. The American Rescue Plan Act will put food By directly allocating funding to metropolitan
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The key differences between the bills on the table, by expanding the SNAP program cities and areas like Houston and Harris
passed by the House and Senate are: and respecting Black family farmers. County, local authorities can work with the
1. The Senate-passed bill does not include The American Rescue Plan Act will put peo- community to determine the specific needs of
the $15 an hour minimum wage provisions ple back to work by prioritizing funding for Harris County residents.
that were included in the bill passed by the transit, airlines and airports, and the disaster As a result, Harris County Commissioners
House. relief fund. Court approved, for example, the following
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1263
programs to directly address community but only a long-delayed down payment; we In Texas, COVID–19 mortality rates are 30
needs, and to get money into the hands of cannot afford any more delays, especially percent higher for African Americans and 80
residents quickly: since Republican stalling already caused a percent higher for Hispanics overall.
1. Commissioners Court funded Community painful lapse in critical unemployment assist- The differences become much larger when
Programs ance last year, and additional unemployment accounting for age; for example, in the 25 to
2. Census Services assistance is set to expire on March 14, 2021. 44-year-old age group, African American mor-
3. Childcare Assistance Program That is why the American Rescue Plan Act tality rates are more than four times higher
4. Court Evictions Services is absolutely crucial and the right thing to do than White rates, and the Hispanic rates are
5. COVID 19 Workforce Development Pro- and to do right now. more than seven times higher.
gram The American Rescue Plan Act proposed by One factor in Hispanic and African American
6. Direct Assistance Programs President Biden takes a multiprong approach populations being more likely to contract
7. Domestic Violence Assistance Fund to tackling the public health and economic cri- COVID–19 is employment in occupations as-
8. Rental Assistance Programs ses stemming from the COVID–19 pandemic. sociated with public contact and that cannot
9. Small Business Loan Program (LEAP) No one is better prepared or more experi- be done remotely.
10. Small Business Relief Fund enced to lead the American rescue than Presi- The sad fact is that most workers in these
11. Small Cities Support dent Biden, who as Vice-President oversaw occupations are less able to be absent from
12. Student Digital Services the implementation of the Recovery Act, which their job or to have paid time off.
13. UT Health Community Spread Survey saved millions of jobs and rescued our econ- In Texas, people of color make up more
Program omy from the Great Recession the Obama Ad- than 40 percent of cashiers, retail sales-
Without direct payments to major metropoli- ministration and the nation inherited from a persons, child care workers, licensed practical
tan cities, state governments—as we saw here previous Republican administration. nurses, more than 50 percent of bus drivers
in Texas—would not have permitted CARES And let us not forget that President Obama and transit workers, medical and nursing as-
also placed his confidence in his vice-presi- sistants, personal care aides, and home health
Act funding to be used to create or support
dent to oversee the rescue of the automotive aides, and more than 60 percent of building
any of these programs.
industry, which he did so well that the Amer- cleaners and housekeepers.
In addition, without direct payments to major
ican car industry fully recovered its status as In addition, Hispanic and African American
metropolitan cities and government units,
the world leader. populations in Texas are less likely to have
states invariably will succumb to the tempta- Mr. Speaker, to crush the virus and safely
tion to place onerous conditions on funding health insurance and to have a regular health
reopen schools, the American Rescue Plan care provider, so less likely to seek or receive
over and above those required by the Federal Act will mount a national vaccination program
government. early care for symptoms, especially in the first
that includes setting up community vaccination months of the epidemic.
For example, in Texas, only $55 per capita sites nationwide and makes the investments And African American and Hispanic popu-
was allocated to nondirect allocation entities, necessary to safely reopen schools. lations are also more likely to have an under-
instead of the $174.49 per capita that was al- It will also take complementary measures to lying health condition that makes them more
located to them by Congress. combat the virus, including scaling up testing vulnerable to the effects of COVID–19.
Additionally, only 20% of the allocation was and tracing, addressing shortages of personal To respond and mitigate the devastation
made available immediately to local entities in- protective equipment and other critical sup- wrought by COVID–19 on Americans, and es-
stead of making 100 percent of the allocation plies, investing in high-quality treatments, and pecially marginal and vulnerable communities
available immediately. addressing health care disparities. of color, I have introduced H.R. 330, the ‘‘De-
Third, direct funding is necessary to prevent The American Rescue Plan Act delivers im- livering Covid–19 Vaccinations to All Regions
state governments from creating specific cat- mediate relief to working families bearing the and Vulnerable Communities Act’’ or ‘‘COVID–
egories limiting eligibility for medical expenses, brunt of the crisis by providing $1,400 per per- 19 Delivery Act,’’ which I invite all Members to
public health expenses, payroll expenses for son in direct cash assistance to households join as sponsors.
employees in the fields of public safety, public across America, bringing the total (including Under the COVID–19 Delivery Act, FEMA
health, health care, human services, or whose the $600 down payment enacted in Decem- will be authorized and directed to lead the ef-
services are substantially dedicated to miti- ber) to $2,000. fort for vaccine delivery from the receipt from
gating or responding to the COVID–19 public Additionally, the plan will also provide direct manufacturing facilities to delivery to des-
health emergency. housing and nutrition assistance to families ignated inoculation sites (hospital, clinic, doc-
Without direct payments to major metropoli- struggling to get by, expand access to safe
tors’ offices, school, places of worship, com-
tan cities, state governments, again as we and reliable child care and affordable health
munity centers, parks, or neighborhood gath-
have seen in Texas, will limit recovery for ex- care, extend and expand unemployment insur-
ering locations).
penditures to support actions to facilitate com- ance so American workers can pay their bills, The legislation directs FEMA to develop and
pliance with COVID–19 related public health and give families with children as well as deploy a fully staffed and resourced 24–7 ad-
measures or associated with the provision of childless workers a boost through enhanced
vanced real-time tracking system that allows
economic support in connection with the tax credits.
Mr. Speaker, the American Rescue Plan Act FEMA to monitor shipments of vaccine units
COVID–19, or other COVID–19 related ex- that can provide end-to-end transparency on
penses reasonably necessary to the function provides much needed support for commu-
nities struggling with the economic fallout, in- the temperature, real-time location, origin, and
of government that satisfy the fund’s eligibility destination data, anticipated time of arrival,
cluding hard-hit small businesses, especially
criteria. and report on changes and update recipients
those owned by entrepreneurs from racial and
I would urge my Republican colleagues to on the progress of their delivery and report on
ethnic backgrounds that have experienced
heed the words of Republican Governor Jim changes that may impact expected delivery or
systemic discrimination.
Justice of West Virginia who said colorfully Finally, the plan also provides crucial re- the viability of the vaccine while in transit.
just a few days ago, ‘‘At this point in time in sources to protect the jobs of first responders, FEMA will provide an advanced communica-
this nation, we need to go big. We need to frontline public health workers, teachers, tran- tion system that allows public health depart-
quit counting the egg-sucking legs on the sit workers, and other essential workers that ments to communicate their vaccine readi-
cows and count the cows and just move. And all Americans depend on. ness, capability of receiving vaccines, delivery
move forward and move right now.’’ Mr. Speaker, the COVID–19 pandemic, as locations, details of facility capability of storing,
The same sentiment was expressed more did the videos of the unjustified killings of securing, personnel authorized to receive de-
eloquently by Abraham Lincoln in 1862 when George Floyd, Breanna Taylor, Ahmed Arbrey, liveries, logistics for delivering vaccines to pa-
he memorably wrote: and so many others, laid bare for the nation tients, report on vaccine receipts, condition of
‘‘The dogmas of the quiet past are inad- to see the stark racial and ethnic inequalities vaccines, patient reactions, feedback on how
equate to the stormy present. The occasion is exacerbated by the virus. to improve the process.
piled high with difficulty, and we must rise with In my home state of Texas, as of the end H.R. 330 authorizes FEMA to secure trans-
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the occasion. As our case is new, so we must of September 2020, there have been more portation for delivery or use of vaccines, and,
think anew and act anew. We must disenthrall than 760,000 cases of COVID–19 and 16,000 when requested, security for the vaccine deliv-
ourselves, and then we shall save our coun- deaths. ery sites or inoculation locations to ensure the
try.’’ According to the Texas Department of State life and safety of personnel and patients who
Mr. Speaker, the bipartisan action we took Health Care Services, 70 percent of the con- seek to provide or receive vaccinations are
last December was a step in the right direction firmed fatalities were people of color. free of interference or threat.
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H1264 CONGRESSIONAL RECORD — HOUSE March 10, 2021
Finally, the COVID–19 Delivery Act directs employed prior to the pandemic, 1.3 million of route is only going to create divisive-
FEMA to conduct public education and patient these households are now, on average of ness in America.
engagement through the provision of inocula- $5,400 in debt on rent and utilities, after the The third thing, to have a bill with
tions of persons in areas and locations where family breadwinners lost their jobs. this high spending, with the Federal
vulnerable populations are under performing in The new COVID–19 relief legislation passed Reserve printing up this amount of
getting vaccinations. last week by Congress and reluctantly but fi- money, is inevitably going to result in
Mr. Speaker, I see the disparities in the nally signed by the Senate restores unemploy- inflation.
lives of so many of my constituents who suffer ment assistance, but cuts that assistance from I feel so sorry for young people
disproportionately from medical conditions that $600 a week to $300 a week without consider- today. As the cost of housing goes
make COVID–19 deadly. ation of the facts on the ground, which are through the roof, I don’t know how
They work low wage or no wage jobs to that millions of Americans remain out of work they are going to be able to afford a
make ends meet, and they have no health in- due to COVID–19 public health policy, and house. But we also have increase in
surance and rely on community health centers have been without sufficient income since Au- food costs and increase in energy costs.
or public health services for routine care. gust 1, 2020. I don’t want to call it the Joe Biden in-
I call them friends and neighbors because The Centers for Disease Control and Pre- flation, but I am afraid that is where
they are that to me. vention (CDC) reported that as of February we are heading.
No one is benefiting from the COVID–19 23, 2021, 28.3 million cases of COVID–19, re- Fourth thing, in the rush to judg-
economy. sulting in more than 503,000 deaths, had been ment, giving checks to people who are
The U.S. poverty rate has grown at a his- reported in the United States. incarcerated. I have talked to my cor-
toric rate over the past five months, with 7.8 What the costs will be to our nation from rectional officers about this. I don’t
million Americans falling into poverty after the this destruction of lives and livelihoods have know how they are supposed to feel, in
expanded $600 a week in unemployment as- yet to be fully calculated. which they have to work every day and
sistance expired at the end of July. It is a tragedy that too many households the people who they are taking care of
This represents the greatest increase since who have lost a member to COVID–19 are are going to be getting checks out of
the government began tracking poverty sixty struggling to accept these deaths, but it is also this.
the friends, co-workers, business owners, pro- Finally, I have had two municipali-
years ago.
fessionals, students, teachers, wives, hus- ties in my district, from which I have
In the city of Houston, nine key service sec-
bands, brothers, sisters, aunts, cousins, and been contacted, in which the amount of
tors, accounting for 70 percent of all jobs,
money they are getting is over 10 times
hemorrhaged more 1,343,600 jobs, which to grandparents who also are feeling these
what they feel would make them
average folks is another way of saying that losses because someone that mattered to
whole.
more than 1.34 million persons lost their liveli- them is no longer here. I think we are being very reckless
hoods. Each of these lives impacted dozens of
about the degree to which we are
Houston workers lost jobs in the following other lives, too many of whom were not al-
spending money here.
areas: lowed to be present with them during their Mr. YARMUTH. Mr. Speaker, I yield
Healthcare: 391,000; final moments on this earth, but whose suf- 45 seconds to the gentlewoman from
Retail: 303,600; fering is too often overlooked because we un- the Virgin Islands (Ms. PLASKETT), a
Food services: 267,000; duly preoccupy ourselves with only the imme- distinguished member of the Budget
Finance: 166,000; diate family. Committee.
Private Education: 63,400; I strongly support the Senate Amendment to Ms. PLASKETT. Mr. Speaker, I hope
Arts and Entertainment: 37,400; H.R. 1319, the American Rescue Plan Act of my colleague from Wisconsin will not
Accommodations: 28,700; 2021 and urge all Members to join me in vot- leave at this time, as he has talked
Air Transportation: 20,200; ing for its passage and to send the message about Black Lives Matter.
Other Services: 115,800. to the American people that their voices have How dare you—how dare you say that
In addition to these positions, jobs were also been heard, their request for assistance an- Black Lives Matter, Black people, do
lost in other areas, the largest of which was swered, and that help is on the way. not understand old-fashioned families.
the construction industry, which shut down Mr. SMITH of Missouri. Mr. Speaker, Despite some of the issues, some of the
30,700 jobs. I appreciate the gentlewoman from things that you have put forward that
Professional and business services fol- Texas, and I will remind her that, I have heard out of your mouth in the
lowed, with 25,300 jobs lost, although 13,900 while this legislation provides her Committee on Oversight and Reform,
were in temporary and provisional jobs in em- State government with another $40 bil- in your own district, we have been able
ployment services; upstream oil lost 12,300 in lion, it fails to include any language to to keep our families alive for over 400
March/April; and non-oil manufacturing lost ensure that the 5 million K–12 students years in the assault on our families to
7,700 jobs. in her State are back in open schools not have Black lives or not even have
Americans out of work due to COVID–19 anytime soon, does nothing to open Black families. How dare you say that
have generated 86 million jobless claims, with schools. we are not interested in families in the
new claims being filed in recent weeks topping Mr. Speaker, I yield 2 minutes to the Black community. That is outrageous.
800,000. gentleman from Wisconsin (Mr. That should be stricken down.
Millions of Americans who lost their jobs GROTHMAN). Mr. Speaker, I was going to talk
during the pandemic have fallen thousands of Mr. GROTHMAN. Mr. Speaker, jeez, about the American Rescue Plan. We
dollars behind on rent and utility bills, a clear we could talk for 2 hours. know that this is going to provide re-
warning sign that people are running out of First thing, one of the things that lief to not only Black lives, Black
money for basic needs. hasn’t been mentioned here is the in- Americans, but all Americans, that we
If this is not enough evidence of what is crease in the income tax credit for sin- are interested in children and in their
happening just look at the miles of vehicles gle people has a marriage penalty in it. welfare.
lined up outside of food distribution centers for I bring it up because I know the Forty-nine days ago President Biden took
assistance, as we see nightly on our television strength that Black Lives Matter had office and promised the American people that
screens and in our communities. in this last election. I know it is a help is on the way. Today we take our final
Moody’s Analytics warned in November group that doesn’t like the old-fash- step forward on delivering on that promise.
2020 that 9 million renters said they were be- ioned family. I am disturbed that we Millions of Americans will be supportive who
hind on rent, according to a Census Bureau have another program here in which we have been economically crippled by a year-
survey. are increasing the marriage penalty. long pandemic. Most of this money goes di-
The Bureau of the Census reports that Second thing, we have loan forgive- rectly to the American people. And, we have
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twenty-one percent of all renters are behind ness on farms based on ethnicity. Some one of the most generous expansions of tax
on their rent, of which twenty-nine percent are people are going to get forgiveness; relief to working people in modern history in
African American families and seventeen per- some people aren’t. I think that is in- this plan. The child tax credit provisions on
cent are Hispanic households. credibly divisive. I think we started their own is a policy revolution in the making.
According to the Federal Reserve Bank of out with a divisive inaugural speech More than 93 percent of our children— 69 mil-
Philadelphia’s analysis of persons who were right off the bat, and to go down this lion children—would receive benefits under
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1265
this rescue plan. Minority farmers will finally but why would we print and borrow $2 prevent the spread of the virus, as well
get the relief from indebtedness they deserve. trillion when we are so close to crush- as critical oversight prevention to en-
This version of the bill sent back from the ing this virus and returning to a way of sure transparency of this full $1.9 tril-
Senate is not perfect. It is the result of com- life that all Americans sacrificed? lion package.
promise. Nonetheless, we have before us one Why give $130 billion to schools and The American Rescue Plan will re-
of the most significant pieces of legislation to not require them to open when the CDC build our pandemic-torn Nation from
benefit working Americans in our recent his- says it is safe and at a time when so the ground up and stronger than ever.
tory. many kids are desperate for personal Everybody should vote for this bill.
The SPEAKER pro tempore. Mem- social interaction? Mr. SMITH of Missouri. Mr. Speaker,
bers are reminded to direct their re- Why provide $350 billion to States I appreciate the gentlewoman from
marks to the Chair. that shut down their economies even New York, and I would like to remind
Mr. SMITH of Missouri. Mr. Speaker, though their revenues are at record her that, in her home State, she has 16
I reserve the balance of my time. highs? percent—16 percent—of the country’s
Mr. YARMUTH. Mr. Speaker, I yield Why send $1,400 checks to individuals homeless population in the United
11⁄2 minutes to the gentleman from New when the majority of those receiving States; but under this bailout, the CBO
York (Mr. JEFFRIES), the Democratic the checks never lost any income? projects that precisely zero dollars—
Caucus chairman and a distinguished People want to get back to work. So zero dollars—of the $5 billion that is in
member of the Budget Committee. why make it harder, as we are doing in this bill will go to help the homeless
Mr. JEFFRIES. Mr. Speaker, the this bill by giving them a bonus to stay population this coming year.
COVID–19 pandemic is a once-in-a-cen- home? Mr. Speaker, I yield 1 minute to the
tury crisis. It requires a once-in-a-cen- The answer is this bill is not just gentleman from California (Mr.
tury comprehensive, compassionate, about COVID relief. It is about enact- MCCARTHY), the leader of the working
and continuing congressional response. ing the largest progressive policy wish class party.
That is what the American Rescue list of all time. Mr. MCCARTHY. Mr. Speaker, before
Plan is all about. Mr. Speaker, we can do better than I begin, I want to thank Congressman
More than 500,000 Americans have this, and the American people deserve JASON SMITH for his work as the rank-
died. Hundreds of thousands of busi- better. ing Republican on the Budget Com-
nesses have closed. Almost 30 million Mr. YARMUTH. Mr. Speaker, I re- mittee.
Americans have been infected by the mind the gentleman that the push to Mr. Speaker, I know the Democrats
coronavirus. Tens of millions of Ameri- give $2,000 to every citizen under a cer- in the House are excited because all
cans are dealing with unemployment, tain income level was former President their work has even transpired all the
food insecurity, or are on the brink of Donald Trump’s idea. He campaigned way to Nevada, because now the social-
homelessness. on that. I guess the Republicans have ist Democratic wing of the party has
b 1045 had a change of heart now that it is a taken over there as well.
So much pain, suffering, and death, different President. From H.R. 1 to voting to defund the
and our Republican colleagues want us Mr. Speaker, I yield 11⁄2 minutes to police, House Democrats have aban-
to do nothing? What is wrong with the gentlewoman from New York (Mrs. doned any pretense of unity. They
them? CAROLYN B. MALONEY), the distin- passed three major bills in one month
We are going to act with the fierce guished chair of the Oversight and Re- with zero bipartisan support.
urgency of now. We will crush the form Committee. Today, they plan to pass another.
virus. We will provide direct relief to Mrs. CAROLYN B. MALONEY of New Like the others, it represents a missed
everyday Americans who are strug- York. Mr. Speaker, I strongly support opportunity for Congress to focus on
gling. We will revive the economy. We this bill. The Oversight Committee, the real needs of the American people.
will send the American Rescue Plan to which I chair, is responsible for the At $1.9 trillion in new spending, the so-
President Biden’s desk. We will build provisions in this package that provide called American Rescue Plan is the
back better for the people. Help is on funding to States, local governments, most expensive single bill in American
the way. Tribes, and territories. history.
Mr. SMITH of Missouri. Mr. Speaker, When we began our work, hundreds Let’s put that number in context, Mr.
I appreciate the gentleman from New upon hundreds of community leaders Speaker. If you put it in today’s num-
York, and I will remind him that, with reached out to us asking for help. They bers, World War II cost our government
passage of this bill, his State’s 3 mil- told us the relief in this bill would $4.8 trillion. But if we pass this bill,
lion seniors could see a cut to Medicare mean recovery instead of recession. our country’s total relief, COVID relief,
of $27 billion over the next 10 years. Democrats answered that call, and, spending will now total $5.5 trillion.
I would also like to remind Mr. today, we are delivering $362 billion in This so-called relief bill will end up
JEFFRIES that the CBO says that, with- dedicated aid to cities and localities costing every hardworking taxpayer in
out any additional stimulus, our econ- across this Nation, and they need it. America more than $5,000 each. You
omy later on in this year will be the 1.4 million essential workers have al- send the government your tax dollars,
highest GDP growth that we have seen ready been laid off due to State and but you only get a fraction of what you
in 15 years. So that help of extra gov- local budget shortfalls that threaten pay for, at the very best.
ernment spending is not necessary to the very fabric of our society. You know, we warn people on the
bail out your friends and allies who are This relief means that our first re- internet about email scams. It is like
in the Governor’s mansion in New York sponders, our teachers, transit work- one of those emails where you get a
or California. ers, sanitation workers, other public promise you will get millions of dol-
Mr. Speaker, I yield 2 minutes to the servants, everybody who is working lars, but first you have to wire them
gentleman from Pennsylvania (Mr. continue serving our children, helping some money. That is exactly what is
SMUCKER). our neighbors, and protecting our com- happening here today.
Mr. SMUCKER. Mr. Speaker, the pre- munities as we see the fight against This is the reality of the bill before
vious speaker said Republicans want to the pandemic through to the end. us. It showers money on special inter-
do nothing to help, which is false, un- This bill will provide local govern- ests, but spends less than 9 percent on
true. Members in this body came to- ments dedicated support for the first actually defeating the virus. But it
gether during an unprecedented crisis time since the pandemic struck. It can gives San Francisco $600 million, essen-
and passed five bills to provide much- be used for vaccines, increased testing, tially wiping out 92 percent of their
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needed relief and pave the way to de- and countless jobs. Cities and States budget deficit.
feat the virus. I believe that all of us across this Nation have lost billions in Think about that: 9 percent on the
continue to support targeted help for expected tax revenue. This bill helps. virus. But, Mr. Speaker, San Francisco,
those who need it. The Oversight Committee also deliv- the home to our Speaker, gets to wipe
But that is not what this bill is. This ered a provision providing emergency out 92 percent of their budget deficit.
bill may have made sense a year ago, paid leave for Federal employees to Where does that money come from?
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H1266 CONGRESSIONAL RECORD — HOUSE March 10, 2021
Well, every American is now going to ment to take that money for that sub- Now, where do they get that number?
pay more than $5,000 so we can send it way just outside of San Francisco and Well, if they read the headlines, it
to San Francisco and give them 92 per- put that money for the children’s men- would confirm States are not in finan-
cent of their budget deficit. Interesting tal health and others. Unfortunately, cial distress. Nearly half saw an in-
how socialism works. Mr. Speaker, all the Democrats said crease in revenue last year. And some,
In both the House and the Senate, was, no; that subway by San Francisco even including my home State of Cali-
the only bipartisan vote has been was more important. fornia, they have a budget surplus.
against this. And after five relief bills, But, fortunately, we were able to re-
Now, Mr. Speaker, I understand in
it is on track to be the first passed by move that from the bill in the Senate.
Washington they maybe don’t under-
strictly party lines. But luckily here, all the Democrats
stand what the word ‘‘surplus’’ means;
Mr. Speaker, I have heard people were able to think the priority is not
children; it was San Francisco. But be- that means you have more money, that
across the country say this bill today
cause Democrats are following the de- you actually saved money. What Cali-
is costly, corrupt, and liberal. Now
mands of special interests, not science, fornia is going to get is a windfall.
even the Biden White House agrees: It
is very liberal. They called this the they are telling children to wait with Remember, San Francisco is in Cali-
most progressive piece of legislation in no end in sight. fornia. Mr. Speaker, that just happens
history. Now, Mr. Speaker, I want to applaud to be the Speaker’s district, as well.
For those who are watching, progres- the Democrats on the other side be- They have a $650 million deficit.
sive means socialism, the same party cause they put their money where their Now, some of the challenges that San
that runs here, and now the Demo- mouth is. They are telling the Amer- Francisco has—you see, if you are in
cratic Party of Nevada is the socialist ican public: First give me $5,000. I San Francisco and you are homeless,
Democratic Party. know you have to work harder, but they will pay for your alcohol and they
So let’s be clear. This isn’t a rescue what I am going to do—because this is will pay for your cannabis. So it costs
bill. It isn’t a relief bill. It is a laundry how socialism works, the Democrats more money. So that is why you have
list of left-wing priorities that predate are now going to decide who should get a deficit.
the pandemic and do not meet the that money. And you know what? At But it is okay because we don’t need
needs of American families. No wonder least they give it to the people they re- to send the schools money today, we
even House Democrats have said they spect the most. can send that years from now, but we
are embarrassed by what is in it. And So let’s go through this. Compared to need to get San Francisco 92 percent of
just this week, one of their own Mem- the subsidies for the swamp, Democrats
their deficit taken care of.
bers said, ‘‘There is no question there want to give Federal employees, who
have not been laid off, an extra $21,000 Now, we have a pandemic going on,
is some waste in there.’’ But they will and we are going to spend $1.9 trillion,
still vote for it anyway. to help cope with virtual schooling.
But if you are in the private sector or but only 9 percent of that needs to go
In fact, if you are a member of the
if you have been laid off, you don’t get to COVID because San Francisco needs
swamp, you do pretty well under this
any of that. But what they want to do a lot of money.
bill. But for the American people, it
means serious problems immediately is take the money from you, give it to So what they have done now is they
on the horizon. any Federal employee, who gets a reward bad behavior. That is one of the
Consider this: Mr. Speaker, it will bonus of $21,000, even though they have few places that is facing a shortfall.
only be Democrats who vote for this never been laid off work. They are actually punishing States
bill that will cause $36 billion in cuts So if you are in Washington, in the that did it right. American taxpayers
to Medicare starting this year. What swamp, you are part of the team. If you didn’t vote for this, but thanks to the
they choose to do is cut Medicare to are a hardworking taxpayer, sorry, you blue State payout, they are. The bill
those who need it and send $600 million just send a bill. But if you are in San rewards bad behavior.
to San Francisco to pay for 92 percent Francisco, we are going to help pay for Now, President Biden, he hasn’t had
of their budget deficit. your deficit. a press conference, but he did say one
Or consider K–12 education. Demo- b 1100 time, and someone picked it up, ‘‘Show
crats say they need $130 billion to re- What does it say to the millions of me what to cut.’’
open schools, but their bill only allo- mothers and fathers who had to quit Well, the Senate actually cut tens of
cates $6 billion to help schools this fis- their job to take care of their kids at billions of dollars in spending from the
cal year. Two-thirds of the total fund- home or in school? Or compare that to Biden bill that the House passed.
ing for education won’t even be spent Title X. This bill will allow organiza- Now, I feel bad, Mr. Speaker, because
until 2023 or later. tions like Planned Parenthood to ac- Speaker PELOSI at first had, like, $112
But don’t worry, San Francisco will cess $50 million. million for that really important
get their money now. The schools need You know, Mr. Speaker, for decades COVID subway just outside of San
to wait. You have priorities. in this body we respected one another’s Francisco. Now, before that bill was
Do Democrats expect schools to re- opinion. We created the Hyde amend- able to get to the floor and the public
open 2 years from now? ment that said we would not use tax- found out about it—I guess it got good
I guess that is what they are saying payer funds for abortion, but when press because they added more money
with this bill. They have no plan to get there is a pandemic and a socialist to it—it got to $140 million.
children back in the classroom full reign, we are going to charge you $5,000 Now, when it came to the floor here,
time. regardless of how you feel about it, and
This week marks the 1-year anniver- there was a group of people—well, Mr.
that is where the money is going to be Speaker, let’s just say who it was, it
sary of school districts across the spent.
country switching to school behind a was the Republicans, they thought a
Now, the Democrats believe schools
screen. We still don’t know the full ef- better priority was to spend that $140
should wait a couple years to get their
fects of this decision, but we do know million for children with mental health
money, but not Planned Parenthood.
keeping classrooms closed has created issues because we have watched study
We have to get that money there
an education and mental health prob- after study of children being left out of
quick.
lem for students and parents. It has Or compare it to how we fund States, school; suicide, obesity.
been a lost year for our children’s edu- Mr. Speaker. We have always had a for- What about those children who have
cation. And even more devastating, one mula, but, Mr. Speaker, now that we parents who don’t work for the Federal
in four young adults has struggled with are going to do the bill this way where Government? They don’t get a bonus.
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suicidal thoughts. there is only one-party rule, we are And some of those parents had to quit
Experience and scientific evidence going to change the formula of how their job to care for their children.
say reopen schools now. It is necessary States can get their money. So Republicans thought—I know it is
and it is safe. So let’s analyze that. Democrats a small amount compared to $1.9 tril-
Mr. Speaker, the last time this bill claim States and local governments lion—we thought, wouldn’t that be a
was on the floor, we offered an amend- need $350 billion. better use of the money? So we offered
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1267
that on this floor, Mr. Speaker. But un- through mandates. They persevered tribute it to people who weren’t even
fortunately, Mr. Speaker, the Demo- through it all. And now their govern- laid off? You give bonuses to the things
crats said ‘‘no’’ to that, that this sub- ment wants to take $5,000 more of it to you care most about.
way was more important than the chil- make sure a Federal employee that Mr. Speaker, I have heard our Speak-
dren. wasn’t laid off, a State employee that er say many times where you spend
Well, luckily on the Senate side, they wasn’t laid off gets bonuses. And lo and your money shows your values. Well,
took that out. Whoa, Mr. Speaker, the behold, we have got to make sure San she does represent San Francisco, Mr.
American public thought for one mo- Francisco gets their deficit taken care Speaker, but we don’t. Ninety-two per-
ment maybe the price could get a little of. Not in 2 years like the schools, but cent of the budget deficit of San Fran-
lower and that Americans wouldn’t today. cisco is going to be paid with this bill.
have to pay $5,000 a person. Maybe they President Trump’s Operation Warp But for that parent out there who has
saved a little money. No, no, no, no, Speed, previous bipartisan efforts in been struggling for the last year that
no. Congress, and the American people has had to be the teacher, the tutor,
You see, Mr. Speaker, the Democrats worked tirelessly toward that outcome. the coach, the music instructor, the re-
are in charge of the Senate, too, so President Biden was set up for success cess participant, help is not on the
they now decided since they couldn’t both economically and with vaccines, way. Help is not on the way.
build a subway, they would just plus but in that short amount of time what For those who studied government
that money up. have they been able to accomplish and always thought working something
So where did they spend it? Well, Mr. down at the Biden administration? bipartisan would be positive, that is no
Speaker, you have got to give them They have raised our gasoline prices, longer the case.
credit. They took the same advice that so not only are you asking them to pay For those who thought they could
the Democrats in the House had. You for this bill, you are taking more out of have a fair debate on the floor, you
see, they added an extra $25,000 bonus their pocket, and at the same time by take away even the offer to have an
for State employees. Let’s just not re- a stroke of a pen he laid off millions of amendment. And when we do and we
ward the employees of the Federal Gov- those workers. prioritize the children of this Nation
ernment that haven’t been laid off, Mr. Speaker, I know this for sure, I over a subway in a district not far from
let’s reward the State employees who know where you serve, and I know your our Speaker, the majority party walks
haven’t been laid off. They get a $25,000 passion for serving. I know the people in line.
bonus. in your district that are getting laid Mr. Speaker, we are so much better
Isn’t that amazing? I wonder where off for the XL pipeline. I know that than this. We proved it five other
the money comes from? wasn’t your wish. It is harder to pay a times. What a difference it makes by a
Oh, yes, Mr. Speaker, it comes from bigger tax bill when you don’t have a simple new control of a power that peo-
the American people, the hardworking job. ple want.
taxpayers. You see, they all need to It is even worse when that job was Mr. Speaker, when you study history,
send the government $5,000 so you can taken away by your President. there is a saying in a book called ‘‘The
decide where to spend it. And if you are It is even worse when you go out to Prince’’ by Machiavelli: ‘‘Absolute
part of the swamp, that is a pretty look for a new job and that same Presi- power corrupts absolutely.’’ The first
good reward. $25,000. dent has changed the policy along the indication to know if it happens, take
And then they added $15 billion for border, and now you are competing a look at the vote. There will be a bi-
taxpayer-funded healthcare subsidies with people who are not even Ameri- partisan vote against this bill.
that illegal immigrants are eligible for. cans; and they are getting subsidized You can wave to me. It is okay. I
Now, you know this, Mr. Speaker, healthcare because of this bill. want you to wave to the American pub-
based upon your district and others, Mr. Speaker, I believe the American lic when they have to wave away $5,000,
you know what is happening down at public wants something different. I be- so a Federal employee that never has
the border. President Biden has created lieve they are proud of the fact we did been laid off gets $21,000 to deal with
a new border crisis. There are more something here that was bipartisan. their children being at home. Who is
people able to come in, not being tested I believe they were proud of the fact going to represent them? Who is going
for COVID, but lo and behold, they are that because of Operation Warp Speed to be their voice?
now going to get subsidized healthcare. we now have three vaccines. Mr. Speaker, I will promise you this:
Luckily, we can spend more money on I believe they were proud when we We will never stop listening to those
that, Mr. Speaker. There is probably were energy independent. voices. We will never stop fighting for
much more coming now with the Biden I believe they were proud when they those voices. And there will be a day
border crisis. had more money in their pocket, and that that will be the majority voice in
But will this help the people get back they didn’t have to pay so much for this House. Unfortunately, Mr. Speak-
to work? Nope. gasoline. er, I have not seen that this year.
Will this help students get back in Mr. Speaker, socialism has destroyed History will not be kind about what
the classroom? Nope. many countries. I just watched Ven- transpires today, but I still believe
But will it help vaccines get to those ezuela offer new currency. What was it, that America is a great hope for the fu-
who want it? Nope. a million, a billion dollars is worth 50 ture, that we are all conceived in lib-
But will it help take care of 92 per- cents today? How did it all start? I erty and dedicated to the proposition
cent of San Francisco’s budget deficit? have watched socialism grow in this that we are all equal.
Oh, yes, it will. Yes, it will. country. I have watched it grow in this But in this body it seems as though
It just throws out money without ac- body. I see within your own party you only one can have a voice, but that will
countability even though there are a no longer even fear to say that you are not last long and that will change
trillion dollars sitting there right now Democrats anymore, Mr. Speaker. You shortly.
that have already been appropriated are socialist Democrats. That is the The SPEAKER pro tempore. Mem-
that can go out to help. lead of the Democratic party. Mr. bers are reminded to direct their re-
Remember what Margaret Thatcher Speaker, the chairman of the Senate marks to the Chair.
said, Mr. Speaker: ‘‘The problem with Budget Committee isn’t even reg- Mr. YARMUTH. Mr. Speaker, we
socialism is that you eventually run istered as a Democrat. So what would have just listened to a repetitive reci-
out of other people’s money.’’ You have you think would be produced? tation of all the arguments we have
been doing a very good job of it so far. Mr. Speaker, whoever votes for this heard about the American Rescue Plan
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There is still work to do to defeat the bill, I want you to look the people in for the last 6 weeks or so, and they con-
virus, but it is clear we are nearing the the eye. I want you to think about that sist essentially of scare tactics, misin-
final phase of the fight. For 12 terrible hardworking taxpayer. I want you to formation, and then calling everything
months, the American worker has explain to them why only 9 percent socialism. You know, if Democrats had
struggled through lockdowns, sac- goes to defeat COVID. Why do they a potluck picnic, the Republicans
rificed through closures, and suffered have to give $5,000, and you redis- would call it socialism.
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H1268 CONGRESSIONAL RECORD — HOUSE March 10, 2021
What we say is: This is a bill that re- crat to file an amendment on a $1.9 that helps families get through this,
sponds uniquely to a unique national trillion spending bill in the House. helps gets more vaccines in arms, and
crisis and it does it in a way that the When you look at what is in the helps open up our schools.
American people believe is the right bill—and many people reference poll- Mr. Speaker, this is a failed socialist
way. ing, as if we should vote based on a poll approach. I urge rejection.
So I respond to the minority leader that doesn’t show the full story—we Mr. YARMUTH. Mr. Speaker, may I
by saying, a poll just this morning re- are starting to get the full story. inquire how much time remains on
ported that 75 percent of the American Mr. Speaker, ask people: Do you both sides.
people support the American Rescue think, with hundreds of billions of dol- The SPEAKER pro tempore. The gen-
Plan. Only 18 percent oppose it. Fifty- lars still out there unspent from pre- tleman from Kentucky has 141⁄4 min-
nine percent of Republicans support vious bills, we should borrow $1.9 tril- utes remaining. The gentleman from
the American Rescue Plan. lion from our children to do things like Missouri has 6 minutes remaining.
send $1,400 checks to people in Federal Mr. YARMUTH. Mr. Speaker, I yield
b 1115
prison? 11⁄2 minutes to the gentleman from Vir-
Despite his attempts to divide this Mr. Speaker, yes, that is in this bill. ginia (Mr. SCOTT), the distinguished
country and to demonize the Speaker Pick your prisoner of choice. The Bos- chairman of the Education and Labor
and others, the American people under- ton Marathon bomber gets a $1,400 Committee and also a member of the
stand that this is the appropriate step check in this bill, and we are borrowing Budget Committee.
to take at the appropriate time. that money from our children. Mr. SCOTT of Virginia. Mr. Speaker,
Mr. Speaker, I yield 45 seconds to the Has that been asked by a pollster? I rise in support of the American Res-
gentlewoman from California (Ms. I would argue no. cue Plan Act.
CHU), a distinguished member of the There was an amendment to strip Passing this plan will give schools
Budget Committee. that out. Every Democrat who had the the resources they need to comply with
Ms. CHU. Mr. Speaker, every day, opportunity voted to continue sending the CDC guidelines to reopen safely
constituents in my district are asking those checks to felons. No wonder, last and to remain open, and the resources
when the $1,400 survival checks are week, 97 Democrats voted to allow fel- needed to make up for lost time in the
coming and when they can get help ons to vote in elections. Luckily, that classroom.
with their rent so that they don’t be- amendment barely failed. Passing this plan will help institu-
come homeless. They are suffering, and Mr. Speaker, look at what is in this tions of higher education weather this
they need help now. bill. pandemic and provide urgent financial
Mr. Speaker, the American Rescue Is there any money in this bill, by assistance to their students. It will
Plan is a real plan to crush the virus by the way, to specifically open our help childcare providers to keep their
speeding vaccine distribution and in- schools? doors open so working parents can re-
creasing access to healthcare. This will Unfortunately, the answer to that is join the workforce.
not only mean safer families but also no. Passing this plan will prevent more
safer classrooms for teachers and stu- We had an amendment to require than a million retirees from losing
dents. It means a continuation of $300- that if you are going to give hundreds their hard-earned pensions and avert
a-week checks in unemployment insur- of billions of new money to schools, an economic calamity that would de-
ance, and it supports our businesses so shouldn’t it at least be used to open stroy countless businesses and cost
they don’t close. those schools? taxpayers at least $170 billion.
Mr. Speaker, with over half a million The science said to open schools. The Passing this rescue plan will also im-
dead, we need a way to end this crisis union bosses say no. prove access to affordable healthcare
and help our people. That is exactly Mr. Speaker, look at what is in this during the pandemic, and it will cut
what today’s bill will do. I strongly bill and what is not in this bill. This child poverty about in half.
urge a ‘‘yes’’ vote. should be a targeted relief bill. Instead, Passing this plan will protect vulner-
Mr. SMITH of Missouri. Mr. Speaker, this is an attempt by Speaker PELOSI able Americans across the country, in-
I yield 4 minutes to the gentleman to further promote her socialist agen- cluding families facing financial hard-
from Louisiana (Mr. SCALISE), the Re- da. ships, older Americans trying to stay
publican whip. Mr. Speaker, 95 percent of the money safe, and survivors of domestic and
Mr. SCALISE. Mr. Speaker, I thank in this bill for these schools can’t even gender-based violence.
my friend from Missouri for yielding. be spent this year, so this bill actually Mr. Speaker, the American people
Mr. Speaker, I rise in strong opposi- keeps schools closed longer. have been calling on us to deliver relief
tion to this massive non-COVID spend- Think about that juxtaposition. and to defeat the COVID–19 pandemic.
ing bill. If you look over the last year President Biden has created a crisis at Today, we come together to send a re-
during this pandemic, Congress has America’s border. President Biden said sounding message that help is on the
come together many times in a bipar- America’s border is open, but in this way.
tisan way to specifically help families bill, he keeps schools closed. Mr. Speaker, I urge my colleagues to
who are struggling, to help small busi- How does that make any sense? support the American Rescue Plan Act.
nesses who are hanging on by a thread, Again, Mr. Speaker, you go through Mr. SMITH of Missouri. Mr. Speaker,
and to try to put more money into this bill, and they actually inserted I reserve the balance of my time.
finding a vaccine. language in this bill by dark of night, Mr. YARMUTH. Mr. Speaker, I yield
Mr. Speaker, we were successful in and I am sure it has never been polled. 45 seconds to the gentleman from
those initiatives—in fact, so successful But in this bill, it bans States from Pennsylvania (Mr. BRENDAN F. BOYLE),
that we now have three proven vac- cutting taxes, if anyone can explain to a distinguished member of the Budget
cines that are out there working be- me how that has anything to do with Committee.
cause of President Trump’s Operation COVID. You look at a State like New Mr. BRENDAN F. BOYLE of Pennsyl-
Warp Speed. We were able to help mil- York that is losing hundreds of thou- vania. Mr. Speaker, this is a historic
lions of small businesses stay afloat. sands of people from gross mismanage- day. Among other things, today, in this
There are still more struggling. In ment by their Governor and because of bill, we will be voting to cut child pov-
many cases, in States that are mis- high taxes to States like Florida, erty by 50 percent in the United States
managing this, you are seeing a dis- which have no income tax. If the State of America. That is just one reason
parate impact. of New York in this bill tries to fix the why this is the most popular economic
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Mr. Speaker, instead of working with problems they have created with high rescue plan in my lifetime. I have
Republicans and Democrats, President taxes by trying to bring their State in voted for this bill three times already.
Biden tried this go-it-alone approach, line, they actually get penalized in this The only thing better is getting to vote
to allow Speaker PELOSI to write a bill bill for cutting taxes. for it a fourth time.
behind closed doors and bring the bill This has nothing to do with COVID. To the American people: Help is fi-
forward, not allowing a single Demo- We should work together on something nally on the way.
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1269
Mr. SMITH of Missouri. Mr. Speaker, This legislation has more funding for Ms. WEXTON. Mr. Speaker, we all
I just want to make sure. This Cham- Democrat pet projects than it does for want to get out of this pandemic and
ber may not have heard, but under the getting our kids out from behind the back to normal. We want to ensure
leadership of President Trump, in 2019, screens and back into the classrooms. that our kids can learn safely and in
we hit the lowest poverty ever—lowest Democrats say this money that their classrooms. We want to get more
poverty. So thank you, President hasn’t been and won’t be spent any shots into arms. We want to put money
Trump. time soon is urgently needed to safely directly into the pockets of the Ameri-
Mr. Speaker, I reserve the balance of reopen schools. Bull. Many States have cans in need. We want to restore jobs
my time. had their schools open for months now. in our communities.
Mr. YARMUTH. Mr. Speaker, I yield By one estimate, State departments of We have to take action now, and the
11⁄2 minutes to the gentlewoman from education have between $53 and $63 bil- American Rescue Plan is the best way
California (Ms. WATERS), the distin- lion in Federal funds to reopen that is forward. Our colleagues across the aisle
guished chair of the Committee on Fi- unspent. This bill has another $130 bil- want to gaslight the American people
nancial Services. lion, but only 5 percent would be spent on this, but they know that this bill
Ms. WATERS. Mr. Speaker, I thank this school year. has the support of over 70 percent of
President Biden and all of the Demo- Democrats should stop using kids’ Americans, and there is a reason for
cratic leadership for this wonderful, schooling as a bargaining chip for more that. The American Rescue Plan meets
historic piece of legislation that we are money for teachers’ unions. Stop hold- the needs of our families and commu-
voting on here today. This indeed re- ing our children’s education hostage nities right now.
sponds to the needs of the American for your pet projects and your lobbyist With this bill, we will finally put this
people during this pandemic. This is friends. pandemic behind us. We will cut child
why I came to Congress to do this kind What about our seniors? Where is the poverty in half. We will deliver trans-
of work, and I am so proud to be a relief for those who have suffered under formative tax cuts for our families, es-
Democratic Member of Congress at this the draconian leadership of Cuomo, pecially working moms. This is a great
time. Whitmer, and Newsom? day because help is on the way.
This bill not only supports education; Mr. SMITH of Missouri. Mr. Speaker,
This legislation uses COVID like
it gives stimulus checks to put food on I reserve the balance of my time.
cheap drugstore concealer, masking
the table and unemployment assist- Mr. YARMUTH. Mr. Speaker, I yield
the nasty truth about Democrat spend-
ance. Small businesses will be able to 45 seconds to the distinguished gen-
reopen and stay open. Then everybody ing. This is nothing more than a trashy tleman from Texas (Mr. DOGGETT), a
will have access to the vaccines that spending spree while doing nothing for member of Budget Committee.
will be made available because of this those who have suffered the most from Mr. DOGGETT. Mr. Speaker, rescue
bill. this China virus. and relief for those awaiting lifesaving
It has been said more than once that With $1 trillion left unspent from vaccines, for struggling small busi-
this bill will take children out of pov- previous COVID bills, only 9 percent of nesses, indebted families about to lose
erty. They will be able to depend on this bill is going to address COVID-re- their home, for impoverished children,
regular assistance to them and their lated issues. About 45 percent of it and for those who are eager to get their
families every month. won’t be spent until 2022 and beyond. children back in school, survival
I am so pleased that as the chair of It begs the question: Why would checks are coming.
the Committee on Financial Services, I Democrats push such a partisan, divi- And the same Republicans who de-
have, in my jurisdiction, $77 billion to sive, and, frankly, unhelpful bill? layed relief for 7 long months last year
deal with some very critical issues. Mr. Speaker, the answer can be found seem determined to block this lifeline
This bill includes critical funding for on K Street, where lobbyists close to this year. Texas families tell me they
emergency rental assistance, providing PELOSI, SCHUMER, and Biden are al- cannot wait for more of your Repub-
$22.5 billion to pay the back rent and ready chilling the bubbly. lican gamesmanship. Our mayors and
future rent payments owed by millions b 1130 county judges across Texas, they have
of struggling families. That is in urban been the ones who stood alone, shoul-
Mr. Speaker, America can see why dering the burden of leadership, after
communities, rural communities,
this legislation will be the first COVID multiple Trump failures and out-
Black, White, and Asian. All folks will
bill to receive zero bipartisan support. rageous Abbott interference. They need
have access to this rental assistance.
Mr. Speaker, combined with the Americans know this bill will benefit help in providing for our communities.
funding for emergency rental assist- States and unions that have been poor- That is the relief we will provide.
ance I negotiated in the December ly mismanaged; but on Main Street, Let’s preserve the promise of life and
stimulus package and the $5 billion for the small businesses will continue to liberty for those whose future has been
70,000 new housing vouchers that are suffer, $90 billion to bail out private dimmed by hardship. Republicans will
included in this package, this bill is pension plans, $500 billion to States not again deny the relief that we are
truly historic and will help people and localities to keep their economies delivering today.
across the Nation to remain safely locked down. Mr. SMITH of Missouri. Mr. Speaker,
housed. Less than 9 percent of this $1.9 tril- I yield 1 minute the gentleman from
Mr. SMITH of Missouri. Mr. Speaker, lion goes to something COVID-related. Mississippi (Mr. GUEST).
I yield 31⁄2 minutes to the gentlewoman Meanwhile, Planned Parenthood gets Mr. GUEST. Mr. Speaker, over the
from the great State of Colorado (Mrs. funding, pensions get bailed out, and last year, Republicans and Democrats
BOEBERT). San Francisco’s balance sheets go from have worked together on numerous oc-
Mrs. BOEBERT. Mr. Speaker, I thank red to black. I have said it before, and casions to provide COVID relief for the
the ranking member of the Budget I will say it again: Planned Parenthood American people. Unfortunately, this
Committee, my friend, Congressman can go fund themselves. bill was not that way. This legislation
JASON SMITH, for yielding me time. If conservatives were in charge, Mr. is a completely partisan bill that has
Mr. Speaker, COVID relief, here we Speaker, you would see a limited and yet to receive one Republican vote in
go again. The left continues to manipu- targeted relief plan, while enabling either the House or the Senate.
late the English language however it businesses and schools to remain open This spending bill will appropriate
suits their fancy, lying to the Amer- and reigniting our economy. Look at nearly $2 trillion at a time in which we
ican people about what is really hap- Florida and Texas, that have led the still have $1 trillion in unspent funding
pening in the swamp. way. Never forget, these jobs are essen- from previous relief bills. This bill will
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American Rescue Plan? Please. Presi- tial, and the best stimulus package is be passed at a time in which our econ-
dent Biden is dropping bombs before to reopen. omy is growing, in which unemploy-
anybody is getting checks. Mr. YARMUTH. Mr. Speaker, I yield ment is dropping, in a time which
Relief? Where is the relief for moms 45 seconds to the gentlewoman from Americans are being vaccinated.
and dads trying to return their chil- Virginia (Ms. WEXTON), a distinguished Instead of prioritizing public health
dren to school? member of the Budget Committee. needs or focusing on reopening our
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H1270 CONGRESSIONAL RECORD — HOUSE March 10, 2021
economy, reopening our schools, or I say it is supported by Democrats The American Rescue Plan is our
even securing our border, we will be and Republicans with one exception: best hope and the most ambitious, pro-
voting to add almost $2 trillion to our the Republicans who serve in this Con- gressive legislation in scope and im-
national debt; but most of the spending gress. pact since the Affordable Care Act. It
is going to fulfill campaign promises Republicans across the country sup- delivers direct payments to families,
and fund the agenda of the far left. port it. Independents across the coun- helps our schools safely reopen, and en-
We must reject this partisan bill that try support it. Democrats support it. sures small businesses and Main Street
even many Democrats admit is the This is the time to act. stay open. It also ramps up testing and
most progressive legislation in the last Mr. SMITH of Missouri. Mr. Speaker, vaccine deployments, especially to un-
quarter century, and Congress must in- I reserve the balance of my time. derserved communities.
stead focus on working together for the Mr. YARMUTH. Mr. Speaker, I yield This plan’s tax changes likely cut
good of the American people. 45 seconds to the gentlewoman from child poverty in half. If we want kids
Mr. YARMUTH. Mr. Speaker, I yield New York (Ms. CLARKE), a distin- behind desks, shots in arms, and people
45 seconds to the gentleman from guished member of the Energy and in jobs, this American Rescue Plan de-
Rhode Island (Mr. CICILLINE), a distin- Commerce Committee. livers vital relief now and lays a solid
guished member of the Foreign Affairs Ms. CLARKE of New York. Mr. foundation for the future.
Committee. Speaker, I thank the gentleman from Thankfully, the misers are no longer
Mr. CICILLINE. Mr. Speaker, people Kentucky for yielding. in charge, and help is on the way.
Mr. Speaker, I rise once again in sup- Mr. SMITH of Missouri. Mr. Speaker,
often wonder: Does government under-
port of the American Rescue Plan Act. I reserve the balance of my time.
stand what is happening in my life and
This monumental and comprehensive Mr. YARMUTH. Mr. Speaker, I yield
the family’s life?
Despite the arguments of our Repub- legislation will bring a sustained crit- 11⁄2 minutes to the gentleman from New
lican colleagues that the pandemic has ical relief to the American people: York (Mr. MEEKS), the distinguished
passed, that the economy is fine, and $1,400 in the direct payments to the chairman of the Foreign Affairs Com-
that no relief is warranted, the truth is most economically distressed Ameri- mittee.
that more than half a million people cans, cutting child poverty in half, $26 Mr. MEEKS. Mr. Speaker, as chair of
have died, 4 million small businesses billion for emergency rental assist- the House Foreign Affairs Committee, I
have closed, millions of people are out ance, and $7.25 billion in new money for speak in support of the international
of work, and relief is needed. the PPP program. provisions of the American Rescue
New York City was the outbreak epi- Plan.
The American Rescue Plan will speed
center of the virus. We experienced un- Pandemics do not respect inter-
up the delivery of vaccines, bolster
precedented loss and economic devasta- national borders. COVID–19 won’t end
testing and tracing, and expand access
tion. But the American Rescue Plan; in America until it is brought under
to affordable healthcare. It puts
Brooklyn, New York; and the Nation control around the world. The $10 bil-
money—up to $1,400 a person—right
can look forward to a future beyond lion included in this package for inter-
into the pockets of working people. It
devastating pandemic. national support are a small, yet crit-
extends unemployment benefits and No amount of gaslighting, alter-
gets help to small businesses. ical, investment in fighting COVID and
native facts, fear-mongering, and con-
Today, with President Biden in the its effects around the world.
spiracy theories will fool the American
White House and Democrats in control This portion of the bill prioritizes
people. President Biden and the Demo-
of the Congress, we can tell the Amer- global health, providing more that $4.6
crats to the rescue.
ican people that help is on the way. billion to relieve overburdened
Mr. SMITH of Missouri. Mr. Speaker,
To listen to my friends on the other healthcare systems and medical work-
I reserve the balance of my time.
side of the aisle, you wonder, where do Mr. YARMUTH. Mr. Speaker, I yield ers, and helping governments and mul-
they live, because, according to them, 45 seconds to the gentleman from Cali- tilateral partners develop and dis-
all of this has been resolved, the pan- fornia (Mr. KHANNA), a distinguished tribute vaccines.
demic is gone, people are back to work, member of the Agriculture Committee To address the humanitarian crises
and the economy has recovered. That is and Oversight and Reform Committee. exacerbated by this pandemic, the
not reality. Mr. KHANNA. Mr. Speaker, this bill American Rescue Plan provides fund-
This bill will provide desperately is historic because it buries the myth ing for lifesaving assistance, including
needed relief to those we serve. Mr. that the cause of childhood poverty is shelter, food, clean water, and basic
Speaker, I urge everyone to support a lack of character, or a lack of hard medical care. It also provides COVID-
the American Rescue Plan. work, or a lack of love. The bill affirms related relief to refugees, who are al-
Mr. SMITH of Missouri. Mr. Speaker, the simple truth that the cause of pov- ready among the most vulnerable; and
I reserve the balance of my time. erty is a lack of income to cover basic to our multilateral partners, such as
Mr. YARMUTH. Mr. Speaker, I yield necessities. the World Food Program and UNICEF,
45 seconds to the gentleman from No child in America should be de- who can leverage their other partners
Michigan (Mr. KILDEE), a distinguished prived of food, of medicine, of clothing, and their global reach to maximize
member of the Budget Committee. or of education because of the accident these dollars.
Mr. KILDEE. Mr. Speaker, I thank of birth. That is what this bill stands These provisions would also provide
my friend, the chairman of the Budget for. It represents and marks an ideolog- nearly $1 billion in flexible funding for
Committee, for yielding. ical revolution on behalf of justice. economic support to help ensure that
Mr. Speaker, I support this legisla- Mr. SMITH of Missouri. Mr. Speaker, even more need isn’t created as a result
tion and the American people support I reserve the balance of my time. of the economic impacts of COVID,
this legislation because it is good for Mr. YARMUTH. Mr. Speaker, I yield which are already severe.
families, for seniors, for businesses, 45 seconds to the gentlewoman from It will support our diplomats and de-
and it provides immediate economic re- Florida (Ms. WASSERMAN SCHULTZ), a velopment professionals, enabling
lief to the people who are struggling distinguished member of the Oversight them to scale up and adapt to the pan-
right now. and Reform Committee and the Appro- demic, and continue to serve Ameri-
$2,000 to every American, supported priations Committee. cans and our country’s interests
by Democrats and Republicans. Speed- Ms. WASSERMAN SCHULTZ. Mr. around the world.
ing up vaccinations, supported by Speaker, I thank the gentleman for The Foreign Affairs provisions rep-
Democrats and Republicans. Extending yielding. resent approximately 1⁄2 of 1 percent of
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unemployment benefits, supported by Mr. Speaker, to honor the half mil- the overall package. These funds sup-
Democrats and Republicans. Expanding lion Americans who perished in this port America’s foreign commitments
the earned income tax credit and the pandemic and rescue the millions still to the poorest nations least able to
child tax credit, cutting child poverty, struggling in its fiscal chokehold, we tackle the pandemic.
supported by Democrats and Repub- must end this national viral night- Mr. SMITH of Missouri. Mr. Speaker,
licans. mare. I reserve the balance of my time.
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1271
Mr. YARMUTH. Mr. Speaker, I yield life changing for the future of the Com- relief to millions of our fellow Ameri-
30 seconds to the gentleman from monwealth of Kentucky. cans.
Texas (Mr. GREEN), a distinguished Let me put it this way: We have 4.4 In a few minutes, this Chamber will
member of the Financial Services Com- million Kentuckians—4 million out of pass and then send to President Biden
mittee. 4.4 million, 92 percent—who will be get- a monumental piece of legislation that
Mr. GREEN of Texas. Mr. Speaker, ting a check, a $1,400 check, some a lit- will begin to turn the tide of an un-
and still I rise, and I rise with grati- tle bit less, but most $1,400, and 1.2 two precedented health and economic cri-
tude and appreciation for the Biden ad- million children will become eligible sis.
ministration. This administration did for an extended child tax credit—1.2 I want to thank Speaker PELOSI for
not give up, did not give in. This ad- million children. The magnitude of the the confidence that she offered to the
ministration has become now a symbol impact of this bill is truly stunning. Ways and Means Committee as we
of hope and help for working class peo- Now, some people will say—and you wrote most of this legislation.
ple. It is time for us to put more em- can infer this, Mr. Speaker, from many In the 33 years that I have served in
phasis on the workers and less empha- things the Republicans have said—that this House, I don’t know that I will
sis on the billionaire class. none of those people deserve the $1,400. ever cast a more important vote than
They don’t need it. what we are about to do and of such
b 1145
I hope they all go home and tell great consequence in but a few min-
Mr. SMITH of Missouri. Mr. Speaker, those people that they represent, you utes.
I yield myself the balance of my time. really don’t need that $1,400. You I am immensely proud of the work
Mr. Speaker, there is this popular haven’t suffered because of this pan- that the Ways and Means Committee
phrase that our Speaker is known for demic. You haven’t had to care for a members did to make this legislation a
that we must pass the bill before we relative or a child who has not been reality. We heard the American people,
know what is in it. Well, the other side able to go to school, and you haven’t and we went big. We proudly contrib-
also said that you must poll the bill be- had any extra expenses because of the uted substantial solutions that will
fore the American people know what is pandemic. You just don’t need it. You strengthen our recovery from this
in it. After they figure out what is in are a moderate-income person. Don’t virus and rebuild our economy to work
this bill, they won’t like it. take the $1,400. better for all Americans. The Ways and
We have looked at this bill. We have I want to hear that conversation be- Means Committee was responsible for
read it. cause it is not going to happen. As a $1 trillion of this expenditure.
Less than 9 percent of all funding of matter of fact, what we are all con- To contain the public health crisis
this bill goes for healthcare spending cerned about on our side is Republicans and make health coverage more acces-
to crush the virus and to put vaccina- are all going to vote against this and sible, we are making the largest expan-
tions in the arms of Americans. More then are going to show up at every rib- sion of the Affordable Care Act since it
than 20 percent of this bill goes to poli- bon cutting for every project that is was enacted and which the Ways and
cies that harm jobs and reduce employ- funded out of this bill, and they are Means Committee helped to write. We
ment, and $36 billion will be cut from going to puff up their chest and take are bringing down costs for jobless
Medicare just next year alone because credit for all these great benefits that Americans saving them thousands of
of this bill. Over $360 billion will be cut are coming to their citizens. It is okay dollars in health insurance costs and
from seniors in 10 years because of this if they want to take credit for it. It is more. We will also include assistance
bill. fine. for nursing homes that are desperate to
Mr. Speaker, when the facts are What we are concerned about is that contain this virus.
polled, the American people will know we have finally, in this body and in We are going to help those struggling
that this is a progressive wish list this Congress, risen to the occasion in to stay afloat by putting cash in their
forced down by the Democratic Party. the context of a terrible national dis- pockets and simultaneously creating
Mr. Speaker, I yield back the balance aster. liquidity and demand. For the jobless,
of my time. What astounds me when I listen to we extend Federal unemployment ben-
Mr. YARMUTH. Mr. Speaker, may I the arguments against this bill is that efits to keep them afloat for the better
inquire how much time remains. nobody was at fault here. At least no- days that lie ahead.
The SPEAKER pro tempore. The gen- body out in the country was at fault. We have made three key tax credits
tleman from Kentucky has 33⁄4 minutes All these people who are going to get for low- and middle-income workers
remaining. $1,400 didn’t do anything wrong. All and families more generous, more flexi-
Mr. YARMUTH. Mr. Speaker, I yield these kids who are going to get raised ble, and more capable of tackling the
myself the balance of my time. out of poverty certainly didn’t do any- inequality and concentrated wealth
Mr. Speaker, this morning there was thing wrong. The people who are now that exists in our country. We already
a really interesting article in the Lou- in food lines in many cities across the know that a key to our recovery will
isville, Kentucky, paper, The Courier- country, who never ever would have be giving parents the tools to go back
Journal, because yesterday the Beshear been in a food line before, didn’t do to work even though their previous
administration presented to the gen- anything wrong. childcare may have been upended. We
eral assembly the numbers that Ken- Who is going to help? will ease their worries by making
tucky was going to experience based on Do we say this is all survival of the childcare more accessible and indeed
this American Rescue Plan, the money fittest? more affordable.
that was going to go to the State, the No. We rose to the occasion. We de- The child tax credit will lift millions
money that was going to go to counties livered. The American people I know out of poverty, and the expanded
and cities, the money that was going to support us. earned-income tax credit will put
go to higher education—half of which Mr. Speaker, I urge everyone to sup- money into the pockets of the lowest-
has to be used to support students in port the American Rescue Plan Act of income workers.
need—and the amount of money that 2021, and I yield back the balance of my Mr. Speaker, listen to this following
was going to go to help children out of time. statistic: All in all, there will be an in-
poverty. Mr. NEAL. Mr. Speaker, I yield such crease in aftertax income for the poor-
The way it was described in this arti- time as I may consume. est 20 percent of Americans by increas-
cle was that these legislators—over- Mr. Speaker, this pandemic has been ing their income by 20 percent. That is
whelmingly Republican, our State ruthless. With over half a million lives a staggering achievement. It is a life-
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house is 75–25, and our senate is 38–9— lost, we are a nation in a constant changing achievement.
were stunned and they were excited. state of mourning. Sadly, we cannot Lastly, we also made a long overdue
One person described it as: the excite- take away the pain and the suffering of fix to multiemployer pension programs
ment was palpable. our friends, neighbors, and loved ones. that will protect hard-earned savings
Of course it is. This is life changing But with this seismic legislation, we of workers, many of whom have been
for so many constituents of theirs. It is are delivering much-needed help and on the front lines of this crisis. These
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H1272 CONGRESSIONAL RECORD — HOUSE March 10, 2021
are people who have played by the aisle will oppose today go directly to I mean, it is certainly good politics to
rules, served our country in the mili- working-class Americans. say: Hey, we are going to hand you a
tary, and worked day in and day out However, with the next chart, Mr. check for $1,400. Just help us get this
with the promise of a secure retire- Speaker, you can look at their pack- across the line, and we will give you a
ment not to have it pulled from under age, and it was nearly the same size. check.
them. I would remind all that 30 Re- By the way, they borrowed $2.3 trillion But what they don’t talk about is
publicans on two separate occasions for it. It had overwhelming support what this bill costs. You see, $1.9 tril-
have voted for this bill as a standalone from their side of the aisle. But look lion is $5,487 for every man, woman,
measure. who the benefits went to. The evidence and child in this country—$5,500 for
I heard a previous speaker say: This is overwhelming as to who the benefits every man, woman, and child.
is a bailout. It is a backstop. went to. What these guys want to do is have
In addition, perhaps that individual This package is nearly the same size the government borrow $5,500 in your
didn’t understand the PBGC, because if as what they did, but the impact of name, and not just your name, your
we didn’t come to the support of these what we are about to do will be ex- wife’s or your husband’s name and each
pensions, it would take down the Pen- traordinary. of your kids’ names. $5,500 they are
sion Benefit Guaranty Corporation Multiple reports have highlighted going through in the kitty, but they
which insures all pensions for Ameri- how the tax cuts bill did not, as pro- are going to give you $1,400 of it back,
cans in the private sector. ponents claimed, grow the economy or so vote for this bill.
I cannot stress enough—these provi- indeed—the great hoax—pay for itself. I think we should look a little fur-
sions are going to change lives. We are That never happened. Yet they con- ther than that. I think we should look
not creating a narrative talking about tinue to stand behind a law that put maybe at where the other $4,100 that
changing lives, we are going to do it the powerful and the wealthy first, and they are borrowing in your name goes.
with this legislation. they dismiss what we are about to do Guess what? That money is going to
We are doing the right thing, not today. have to be paid back. It is going to be
only because of what we have been say- Hardworking Americans have been paid back in higher taxes. It is going to
ing that we would do for years—this is for too long left behind, and that ends be paid back in lower productivity. It
the moment—but this legislation has is going to be paid back in lower gov-
today. This bill will save lives and live-
the support of economists from the ernment services. It is going to be paid
lihoods. We will help families stay
left, the right, and the center. This is back in less opportunity for your chil-
housed, put food on the table, and ac-
about the power of ideas. But because dren and your grandchildren.
cess affordable healthcare. Most impor- Let’s look at where this $4,100 goes.
it is what the American people want tantly, this package will help families $750 of your $4,100 that they are bor-
also, let me be clear: the American avoid impossible choices. rowing in your name and each of your
people, regardless of political affili- Mr. Speaker, I urge our colleagues to kids’ names goes to paying extra unem-
ation, overwhelmingly support this rise to this moment and support this ployment for people to stay home. In
package because they know what is in important legislation, and I reserve the fact, it pays people more unemploy-
it is badly needed to get to the other balance of my time. ment than they can make at work, in
side of the crisis.
b 1200 most cases.
I regret that the overwhelming sup- To bail out union pension plans that
port that I have just described has not Mr. RICE of South Carolina. Mr.
are chronically underfunded—and this
been translated into unity in this Speaker, I yield myself such time as I
problem needs to be fixed, but this plan
Chamber. This is bipartisan in America may consume.
does nothing to fix the problem. They
even if it is not bipartisan in this Mr. Speaker, I would like to remind
will continue to be chronically under-
Chamber. my friend and my chairman, who I
funded. $177 of your $4,100 they are bor-
Our colleagues on the other side have have great respect for, Mr. NEAL, that rowing in your name and not giving
deemed workers who saw their entire the Tax Cuts and Jobs Act was one of back to you goes to bail out union pen-
industries evaporate perhaps unworthy the pivotal successes of the Trump ad- sion plans.
of this moment. They have deemed ministration that led to the lowest $1,067 of your $4,100 that they are bor-
working parents perhaps unworthy of poverty among all Americans that had rowing in your name and not giving
this moment, and they have deemed existed in decades, if not ever, and the back to you goes to bail out blue
the working- and middle-class Amer- strongest economy and lowest unem- States. In the prior plans, we already
ican family perhaps at this moment ployment among all demographic had money to help States. A lot of the
unworthy. groups. money hadn’t been spent from the
I don’t understand it. Whereas, this plan, this so-called prior plans that we had. But they
Instead, there has been a lot of talk COVID relief plan, is not, in fact, a changed the allocation formula in this
about this package being too large and COVID relief plan at all. By far, most plan.
too expensive. But if there was ever a of the money goes to creating new enti- It was based on population, so every
time to go big, this should be it. tlement programs. You see, my friends State was treated fairly. But that is
Shouldn’t helping struggling Amer- on the other side of the aisle are more not good enough for places like Cali-
ican families be worth the size of this concerned with making the American fornia and New York that are shut
bill? people rely on government programs down. So they said: I know. Let’s add
I seem to recall that my colleagues than they are on creating opportunity unemployment in there because our
found that wealthy Americans and big for them to lift themselves up. Governors have shut our States down,
corporations were worth the size of Mr. Speaker, if you operate a small and our unemployment is higher, and
their tax cut. So why not working- and business trying to get people to come we want more money. We want to take
middle-class families who are facing a back to work, if you are a frontline money from places like Florida, Geor-
health and economic crisis unlike any- worker eager to be vaccinated and hop- gia, South Carolina, and other States
thing the Nation has experienced in ing this plan will speed that up, if you in the Midwest that stayed open, and
more than a century? are a family attempting to educate we want to redirect it to California and
I actually have some charts that I your children while schools refuse to New York.
think highlight the difference today. open, this bill won’t help you. It leaves So, they threw in unemployment as a
We have two comparisons of who bene- you behind. criteria. South Carolina, my home
fits from the American Rescue Plan My friend, Mr. CLYBURN, said last State, is the third biggest loser. Flor-
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and who benefited in the Tax Cuts and year that this COVID pandemic created ida is the biggest loser. We lose over $1
Jobs Act. This is pretty apparent and a great opportunity for Democrats to billion, and $5.4 billion extra goes to
pretty obvious to all who might discern mold things to their vision. Boy, are rich California. That is $1,067 each of
in this moment. they delivering. your money.
As you can see, Mr. Speaker, the ben- My friends on the other side say this K–12 education, colleges, and univer-
efits that my colleagues across the bill is popular, and I don’t doubt it is. sities get $500 of your money that they
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1273
are borrowing in your name. But guess hind on rent. On top of that, this bill is Mr. DAVID SCOTT of Georgia. He
what? We know you want to send your projected to cut child poverty in this brought up the issue of the Black farm-
kids back to school, but they don’t re- country in half. ers. It is important for you to know
quire that the schools actually open. This is an excellent bill, and I thank that our Black farmers were not in-
Schools are sitting there closed. my colleagues, the chairman, espe- cluded in the other pieces, so we got
They are still getting your property cially, and our partners in the adminis- them $4 billion just to help them and
taxes. They are still getting all the tration for swiftly bringing this crit- technical assistance. America needs
property taxes that normally fund you. ical relief to the floor. this.
But they are going to send them an- The American people know that help The SPEAKER pro tempore. Mem-
other $500 of your money but not re- is on the way. I urge my colleagues to bers are reminded to address their re-
quire that those schools open. vote ‘‘yes.’’ marks to the Chair.
$34 of your money goes to museums Mr. RICE of South Carolina. Mr. Mr. RICE of South Carolina. Mr.
and Native language preservation. You Speaker, I yield 1 minute to the gentle- Speaker, I would remind the gentleman
are spending $34 of your $4,100 on that. woman from West Virginia (Mrs. MIL- that, due to the enormity of this bill, if
Public health organizations, includ- LER). $800 million of this bill goes to food as-
ing Planned Parenthood, get $58 of Mrs. MILLER of West Virginia. Mr. sistance, that represents less than one
your money that they are borrowing in Speaker, I rise today to speak against one-thousandths of the total. That is a
your name and your kids’ money that H.R. 1319, PELOSI’s progressive payoff, very tiny, small fraction.
they are borrowing in their names. It and in support of America’s gig econ- And the prior bills were done in a bi-
goes to Planned Parenthood. omy. partisan fashion. I am certain we could
Transportation grants, $128. Not only is this a costly bill full of have worked in a bipartisan fashion if
Agriculture includes socially dis- liberal wish-list items that do nothing there was any attempt to do that. But,
advantaged farmers. What does that to crush COVID or create jobs, but it in fact, this is just a ram job by the lib-
mean, people who have historically also stifles America’s gig economy at a erals to push through a vastly expand-
been socially disadvantaged? That time when it needs our support the ing entitlement system.
means if you are a White farmer, don’t most. Mr. Speaker, I yield 1 minute to the
apply. The gig economy provides flexibility gentleman from Texas (Mr.
Foreign aid gets $30. and opportunity to businesses, work- ARRINGTON).
Then, I am lumping all the other pro- ers, and customers in urban and rural Mr. ARRINGTON. Mr. Speaker, the
gressive priorities of $1,279, and with a areas. The success of America’s gig American people deserve the truth.
direct check of $1,400, it adds up to economy is due to the absence of gov- Over the past year, Republican and
$5,487. ernment overregulation. Democrat lawmakers have worked to-
Mr. Speaker, this bill has had an ab- Let’s take a lesson from the gig econ- gether to provide temporary and tar-
surd lack of bipartisanship. My chair- omy that has flourished and scale our geted assistance to the American peo-
man, my friend that I respect, says response around demand rather than ple. Five times, we passed bipartisan
that the Ways and Means Committee regulation. legislation, totaling $4 trillion, to help
created this bill. We didn’t create this I am giving this bill one star. Our gig families get back on their feet and our
bill. Madam PELOSI uses COVID as an economy workers and customers de- country get back to work.
excuse to keep us out of town so she serve the freedom to work and to Which begs the question, Mr. Speak-
can write this liberal grab bag. thrive. er: Why now are Democrats, who con-
We had no hearings on this bill. When Mr. NEAL. Mr. Speaker, I yield 11⁄2 trol Congress and control the White
we marked it up, there were dozens of minutes to the gentleman from Geor- House, abandoning bipartisanship to
amendments offered. Not one single gia (Mr. DAVID SCOTT), my friend and jam through this partisan legislation
amendment was accepted. This is an chairman of the Agriculture Com- without a single Republican vote?
absolute ram job by the Democrats of a mittee. I will tell you why. It is because this
menu of liberal priorities. Mr. DAVID SCOTT of Georgia. Mr. is not COVID relief. It is a $2 trillion
Mr. Speaker, we can do better. I re- Speaker, let me, first of all, try to re- blue State boondoggle and a Trojan
serve the balance of my time. spond so the American people will horse for their reckless partisan poli-
Mr. NEAL. Mr. Speaker, I yield 1 know that this money, this $1.9 tril- cies.
minute to the gentleman from Cali- It is because Speaker PELOSI is
lion, is going to help our Nation sur-
fornia (Mr. THOMPSON), who is the throwing your tax dollars at Democrat
vive COVID–19. It is not just a disease
chairman of the Select Revenue Meas- cronies like a float captain throws
that is out there. It is a disease that
ures Subcommittee, which plays a cen- beads at a Mardi Gras parade: bailouts
has impacted our people.
tral role in tax policy. And repeatedly, for union pensions, bailouts for cash-
Let me tell you what is in this bill:
he assures me that he is of modest in- flush States like California, bailouts
$800 million for food.
come and from California. Don’t you all know we have a hunger for schools that still refuse to open
Mr. THOMPSON of California. Mr. crisis? Don’t you know that the Amer- their doors to struggling students.
This massive spending bill,
Speaker, I rise in strong support of this ican people are hungry? They are in
masquerading as COVID relief, will
legislation. record lines—you see them—miles long
bankrupt the country. It will not res-
This bill is one of the most con- every day, trying to get food.
cue the country. It will bankrupt it
sequential policies considered by this It has $800 million for food for
and saddle our children with insur-
body during my time in Congress. women, infants, and children. We have
mountable debt.
From top to bottom, it provides strug- 13 million of our children and infants I urge my colleagues to vote ‘‘no’’ on
gling Americans with the relief that going to bed hungry and malnourished this bill.
they need. every single night. You know why? Be-
It provides critical healthcare fund- cause of COVID. Employment is down; b 1215
ing to help crush the virus, including our folks don’t have the money to get Mr. NEAL. Mr. Speaker, I yield 1
funds to continue ramping up vaccina- the food. minute to the gentleman from Oregon
tions. Mr. Speaker, this is why our Agri- (Mr. BLUMENAUER), the chairman of the
It provides funds to help small busi- culture Committee is having hearings Subcommittee on Trade and a valued
nesses stay afloat, to help restaurants tomorrow to address hunger, to see senior member of the Ways and Means
keep their lights on, to help families what else we need to do. Committee.
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afford health insurance, to keep work- And I must respond to this. Mr. BLUMENAUER. Mr. Speaker, I
ers employed, and to help kids get back The SPEAKER pro tempore. The appreciate the gentleman’s comments
into school. time of the gentleman has expired. moments ago.
It bolsters State and local govern- Mr. NEAL. Mr. Speaker, I yield an This is historic legislation dealing
ments and provides emergency assist- additional 10 seconds to the gentleman with priorities long neglected. The
ance to the millions of Americans be- from Georgia. charts that he presented tell it all.
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H1274 CONGRESSIONAL RECORD — HOUSE March 10, 2021
The Republicans, with their $1.7 tril- challenges our country faces, like get- is that doing to stimulate the econ-
lion tax cut, primarily for people who ting businesses open, getting students omy? Why does a child molester, who is
didn’t need it, versus our priorities, back to school, getting vaccines to sitting in State prison, need $1,400 to
dealing with making a major impact on Americans who want them, I will work buy cigarettes or play video games in
child poverty, dealing with health, with anyone in this body to do so. You State prison? That is your priority.
dealing with our local governments know Republicans will, because we did That is what you put in this bill. You
being able to survive. This is a reflec- several times until Democrats ignored didn’t even debate our bipartisan
tion of Democratic values, and the dif- us this Congress. amendment to try and have that in-
ference it makes is stark. Please, let’s not pretend this bill is cluded.
I am proud to vote in favor of this re- about COVID relief. That simply is not Let’s be honest with the American
covery act. I am proud of what it is true. people. You are playing politics. You
going to do for people who need it Mr. NEAL. Mr. Speaker, I yield 1 are carrying forward an agenda. I get
most. The contrast between Demo- minute to the gentleman from Con- it. You won the election. But this is an
cratic priorities and what the Repub- necticut (Mr. LARSON), chairman of the emergency. This is a virus that is kill-
licans did when they used reconcili- Subcommittee on Social Security and ing our fellow American citizens.
ation could not be more stark. tireless champion of ensuring the de- We put together $4 trillion worth of
I appreciate the gentleman illus- livery of stimulus checks to low-in- relief to the American people on a bi-
trating it, and I hope that the House come retirees. partisan basis. We should have done it
will approve this measure. Mr. LARSON of Connecticut. Mr. again, and you didn’t. It is wrong. That
Mr. RICE of South Carolina. Mr. Speaker, I want to thank President is why I say no to this bill.
Speaker, I yield myself such time as I Biden for his science-based efforts in The SPEAKER pro tempore. Mem-
may consume. defeating this virus and his unrelenting bers are again reminded to direct their
I agree that the priorities could not focus on putting American families remarks to the Chair.
be more stark, when the Tax Cuts and back on their feet. Mr. NEAL. Mr. Speaker, the gen-
Jobs Act led to the most successful The American Rescue Plan meets the tleman from New York, my friend,
economy in decades, if not ever, and moment and fulfills that old adage that knows that that decision was rendered
the lowest unemployment among Afri- help is on the way. by a federal judge, not by this Cham-
can Americans, Hispanics, and women This bill gets shots into arms, money ber.
in the history of the United States. into people’s pockets, and provides Mr. Speaker, I yield 1 minute to the
Whereas, this bill just represents a their communities, and especially our gentleman from New Jersey (Mr. PAS-
massive expansion of our entitlement schools, with the relief that they need. CRELL), chairman of the Subcommittee
system. In Connecticut, 1.5 million working on Oversight, who has led on a number
Our priorities are to get people to families will receive $4 billion. This re- of provisions, including extending the
work. The Democrats’ priorities are to lief is felt by those families—I say to earned income tax credit to Puerto
get people hooked on the government, my colleagues—as those families sit at Rico.
to make them reliant on government the kitchen table and look across at Mr. PASCRELL. Mr. Speaker, a lot
checks. each other and talk about their day-to- of people are waiting to get this done
Mr. Speaker, I yield 2 minutes to the day needs and what needs to be met, today. It is up to us to help Americans
gentleman from Ohio (Mr. WENSTRUP). Mr. Speaker. who can’t buy their groceries or pay
Mr. WENSTRUP. Mr. Speaker, I rise And so this bipartisan relief package their rent and are not in prison.
today to oppose this solely Democrat that we have put forward—and I say bi- It is up to us to protect seniors in
payoff spending bill. partisan, because when you talk to the nursing homes.
I will agree with my colleagues, it is general public and when you talk to It is up to us to ensure that every
historic. I agree with my colleagues, it the people that need this relief di- American has quality health insurance
is consequential. There is no doubt rectly, you see that more than 70 per- and is able to get vaccinated.
about it. I am sure that with $1.9 tril- cent of Democrats, Republicans, and These are Congress’ burdens, our bur-
lion, somebody will be helped. I am the unaffiliated support this bill. dens.
quite sure of that. But the next genera- Mr. RICE of South Carolina. Mr. I am voting yes, because Ingrid from
tion of Americans are not going to be Speaker, what my friends across the Rutherford told me it would help her
thankful. aisle are saying is: Here is your $1,400 pay the rent or utilities. How can I say
Let’s be honest with the American check, but don’t look at what I am no to that?
people. This is not a COVID relief bill. doing behind your back with the other I am voting yes, because Bradley
Members of this body came together $5,500 I am borrowing in your name and from Fort Lee told me that a new stim-
four times last Congress and passed in the names of each of your children. ulus check was the only way he could
legislation that actually provided re- Mr. Speaker, I yield 11⁄2 minutes to get help for his kids until he finds
lief to our constituents. This bill is so the gentleman from New York (Mr. work. I am voting yes for that.
incredibly far away from that, as Re- REED). Our cities and States are being bled
publicans have been completely frozen Mr. REED. Mr. Speaker, I don’t need into bankruptcy. They contemplate
out of this process. a sheet of paper to express my words cuts to public safety in schools that
Mr. Speaker, what is the result? Only here today. will be felt for a generation without us
9 percent goes towards defeating the I rise in objection to this bill, be- acting.
virus. cause this bill is being passed on the Americans are crying out for help,
$1.5 billion for Amtrak, which is al- backs of 500,000 plus of our fellow Mr. Speaker. Can you hear them? They
ready sitting on $1 billion in unspent American citizens’ deaths, under the have given us the burden to act. Today,
aid. Maybe riding Amtrak is a good guise that you are passing a bill on a we are going to deliver. We should be
place to socially distance. Maybe that partisan basis, on their souls, in order happy today. We should not be angry.
is the reason. to do COVID relief. This isn’t relief. Mr. RICE of South Carolina. Mr.
$50 million for environmental justice This is because you guys won the ma- Speaker, I yield 2 minutes to the gen-
grants, Mr. Speaker. That doesn’t edu- jority. tleman from Illinois (Mr. LAHOOD).
cate our children. I am speaking to the American peo- Mr. LAHOOD. Mr. Speaker, I rise
Roughly $1 trillion on other liberal ple, to speak truth. today in opposition to the Democrats
pet projects, when we have $1 trillion You won the majority, you took the so-called COVID relief bill.
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from the previous bipartisan bills that opportunity to put forth an agenda, Congress’ focus should be specifically
has been left unspent. and you didn’t include bipartisan sup- dialed in on crushing this virus, cre-
Can someone explain what that has port. ating jobs, and getting our economy
to do with COVID relief? Anybody? I had one simple amendment on this back open.
If Members are serious about directly bill. $1,400 is going to go to convicted Unfortunately, this package falls
addressing the medical and economic child molesters in State prisons. What well short.
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1275
As we battled the COVID pandemic dent and not a Republican President. cines into Americans’ arms; it will put
over the last year, the economic stress That is the only thing that has money in Americans’ pockets; it will
placed on communities that I represent changed. put children back in classrooms; it will
in central and west-central Illinois has The need is there. The virus is still put millions of Americans back to
been immense. with us. The economy is struggling. work and reopen businesses safely; and
Congress acted five times in a bipar- But now we have a Democratic Presi- it will put at ease the frontline and es-
tisan way over the last year, creating dent, so I expect zero of you to vote for sential workers who are in the public
over $3.7 trillion to help keep busi- this. sector, like teachers, the first respond-
nesses and workers afloat and support Excuse me, Mr. Speaker. Mr. Speak- ers, by ensuring that State, local, Trib-
the healthcare community, all of which er, I expect zero Republicans to vote al, and territorial governments can
we supported. for this bill. keep them employed.
As of today, more than $1 trillion of Why do I expect that? Because I was Mr. Speaker, the American people
those budgetary resources is still avail- here in 2009 when, under George Bush, overwhelmingly support this legisla-
able, including money for State and we went into the deepest recession this tion, with more than three-quarters in
local governments, small businesses, country has seen since the Great De- favor of its enactment, according to a
and schools. pression. Morning Consult poll from March 3rd. I
Congress can do more to support the Very frankly, Mr. Speaker, we passed would like to see some of the NRCC
economic recovery from COVID, but two major pieces of legislation to deal polls because I think they give the
our efforts must be targeted. with that recession. One was called same message. But, of course, maybe
We cannot spend our way out of this TARP, the Troubled Asset Relief Pro- those people polled didn’t realize there
crisis. gram. A Republican President and was a Democratic President. Heaven
In Illinois, we have seen the negative Democrats passed that bill. Only a forbid that we vote for something that
impact of the tax-and-spend agenda third, Mr. Speaker, of the Republicans a Democratic President wants.
that put our State on the path to eco- would support President Bush. Mr. Speaker, I put our party up to
nomic disaster. any kind of analysis in terms of our bi-
b 1230
The proposed stimulus plan by the partisan support for Republican Presi-
Biden administration will impose new, You can shake your head, but you dents when we thought it was in the
burdensome costs, regulations, and look at the RECORD, that is the fact. best interests of the country. Nearly 6
rules on small businesses, making the That is the fact. in 10 Republicans want to see this bill
recovery even more difficult. Democrats supported the request of a passed.
It is disheartening that, following Republican President because we Listen to your people. I am surprised
calls for unity in his inauguration, thought it was in the best interests of that more of our Republican colleagues
President Biden’s first major legisla- the country and our people. And the are not planning to vote for this legis-
tive agenda item was partisan and spe- only reason it passed this House is be- lation. I hope they will do so. I hope
cifically designed not to allow Repub- cause Democrats, 172 of us, stood up they will do so because I think it is in
lican input. with George Bush and voted for that the best interests of our Nation, of our
Instead of rewarding fiscally irre- program. And it was a bad vote for us. families, of our individuals, of our busi-
sponsible States with huge bailouts, It was the right thing to do, but politi- nesses, of our economy. I hope they
Congress should work to incentivize cally it was a bad vote. will join Democrats in taking action to
growth, focus on job creation and vac- How sad, Mr. Speaker, I think it is help the nearly 10 million Americans
cine distribution. that we passed five bipartisan votes who are out of work compared to this
To generate a strong economy, we with a Republican President. Now the time last year.
need to get government out of the way, President is different, and we don’t We waited. This is what happened. I
open our communities, and enable want to give him any credit, so we are hope they will also join Democrats in
Americans to thrive. going to cut off the nose of the Amer- voting to extend expanded unemploy-
Mr. NEAL. Mr. Speaker, I yield 1 ican people to spite the face of Amer- ment insurance benefits that would
minute to the gentleman from Mary- ica. otherwise lapse for more than 11 mil-
land (Mr. HOYER), the distinguished Mr. Speaker, the Democratic major- lion families this weekend and to make
majority leader of our House. ity in the Senate has taken action, good on our promise to send another
Mr. HOYER. Mr. Speaker, some of us passing an amended version of the round of $1,400 stimulus checks to most
have been here for some period of time. American Rescue Plan that this House Americans.
Some of us have heard this debate be- approved on February 27. The version What are they going to do with that
fore. My friend, Mr. REED, from New they sent us back reflects the same check?
York, opined, and others have opined, commitment demonstrated by this They are going to put it in the econ-
about how we passed a number of bi- House to take the big and bold action omy, and it is going to grow the econ-
partisan bills, five to be exact. March 4, demanded by the American people and omy and create jobs.
March 14, March 27, April 24, and then overwhelmingly supported not just by And I hope they will join us in sup-
we had a hiatus, because the majority Democrats, but by Republicans. porting a massive effort at deploying
leader of the Senate said we ought to The Republicans outside this House vaccines and testing so we can defeat
take a break and see what happens, and support this bill. Only the Republicans this virus.
the minority leader of the House said inside this House, unanimously appar- The American Rescue Plan means an
the same thing. So we didn’t take any ently, oppose this bill while some 60 end to the failed approach of hitting
action. Frankly, tens of thousands of percent of the Republicans in America the pause button. It didn’t work. It is
people died—hundreds of thousands of polled say, ‘‘We are for this bill.’’ time to hit the start button. It is time
people died. But we have a Democratic President, to start Building Back Better through
Now, I point out that we have acted I get it. President Biden’s plan is re- bold action. That is a political slogan.
five times: 415–2, 363–40—a voice vote flected in this legislation. It says I like it. I have a Make It In America
on the CARES Act, $2 trillion—388–5, President Biden’s plan, but this is our slogan myself.
and 359–53. plan. This is a plan we built over a year But this is not about slogans. It is
Now, if you include the CASH Act, of tough debate, long debate, sub- about investment in our country, in
which we passed, because the Presi- stantive debate and discussion on both our economy, and in our people, our
dent, i.e., Mr. Trump, said we needed sides of the aisle, and in a bipartisan families, our children, and, yes, the
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more money for people, so we passed fashion passed those five bills. most vulnerable among us. That is
the bill and 44 Republicans voted for This bill is consistent with the meas- what my faith teaches me to do. This is
that one as well. ures we passed last year to confront a vote to face our challenges with all of
Now, there is only one thing that has the challenges to our public health and our strength and resolve. This is a vote
changed since we passed those first five economic well-being. It achieves a to have each other’s backs as fellow
bills. We now have a Democratic Presi- number of critical goals: It puts vac- Americans in this time of difficulty.
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H1276 CONGRESSIONAL RECORD — HOUSE March 10, 2021
Mr. Speaker, with our votes today, the low interest rates that are in effect today Mr. PALLONE. Mr. Speaker, I heard
we can send this legislation to Presi- in part because of the pandemic. This provi- some of the Republican Members say
dent Biden so he can sign it into law sion will enable both plans and participants to they want to fight the virus, yet they
and get the help that America and weather this crisis far better. I’d like to clarify are voting ‘‘no’’ on this bill. I would
Americans need. an issue relating to the effective date of this say they should do the opposite. If they
Mr. RICE of South Carolina. Mr. provision. Plans can choose to have the provi- want to fight the virus, they should be
Speaker, I would remind my friend, the sion apply starting in 2020. In addition, plans voting ‘‘yes’’ on this bill.
majority leader, that the reason that can elect to have the provision apply starting Unlike under President Trump, when
this bill is not bipartisan is there has in 2022, so that it does not apply until 2022. there was no national plan to fight the
been no effort to make it bipartisan. It also is our intent that plans can elect for the virus, under President Biden, for the
There have been zero committee provision to apply starting in 2021. We believe first time we have a national plan to
meetings on this. Ms. PELOSI uses that is the right interpretation of the language fight the virus that does not force
COVID as an excuse to keep us away of the bill. We want to give plans the max- States and local governments to com-
from Washington so that she can write imum flexibility in this regard so that tomor- pete with each other for testing, con-
these liberal grab bag bills on her own. row’s retirees can achieve a secure retire- tact tracing, and medical supplies.
There were no hearings on this in the ment. My staff has run this interpretation by The American Rescue Plan will sup-
Ways and Means Committee or I don’t the staff of the Joint Committee on Taxation port the national effort to ramp up dis-
think any other committee. I am sure and they also agree that an election to have tribution and administration of life-
we could have found a bipartisan re- the interest rate smoothing apply starting in saving COVID–19 vaccines, as well as
sponse to this, but instead they chose, 2021 is permitted by the language in the the implementation of a national test-
because they have the majority now, to American Rescue Plan Act of 2021. ing strategy that will help us quickly
ram through their list of liberal prior- Mr. Speaker, I yield 1 minute to the track and contain the virus. It also in-
ities in a massive expansion of the en- gentleman from Illinois (Mr. DANNY K. cludes the largest expansion of
titlement system under the guise of DAVIS), the chair of the Worker and healthcare coverage since the passage
COVID relief. Family Support Subcommittee, who of the Affordable Care Act, including
Mr. Speaker, I yield 1 minute to the has been a champion for the expanded lower monthly premiums for millions
gentleman from Georgia (Mr. CLYDE). childcare credit in this legislation. of Americans and a coverage expansion
Mr. CLYDE. Mr. Speaker, I rise Mr. DANNY K. DAVIS of Illinois. Mr. for millions under Medicaid who are
today in strong opposition to the Sen- Speaker, this is the day that millions currently uninsured.
ate amendment to this payoff package. of Americans have been waiting for, Mr. Speaker, the American Rescue
According to the Treasury, at the and now it is here. Plan lives up to its name. It rescues
end of 2020, $46 billion provided to This is the day that we get serious families by providing critical utility
States in the CARES Act pandemic re- about cutting child poverty in half, bill assistance so they can keep their
lief funding remained unspent. And about putting millions of doses in the lights on, the heat working, and the
this payoff package provides them an arms of people, vaccinations that they water running. It rescues kids by
additional $360 billion. will get. boosting internet connectivity to
The partisan formula used will direct This is the day when individuals bridge the digital divide and close the
hundreds of millions more to liberal know that their unemployment check homework gap.
States like California and New York. is coming. They have hope because now Mr. Speaker, the American people
That is because the formula is deter- they can pay their rent, pay the mort- are hurting. This legislation will res-
mined by the State’s population of un- gage, buy the baby milk, get the auto- cue our families, our communities, and
employed people. States that enacted mobile repaired. our Nation as we continue to confront
stricter lockdowns with the heavy This is the day that the pastor at my this devastating pandemic and the on-
hand of government saw higher unem- church would say that the Lord has going economic crisis. It is time to act,
ployment rates and, therefore, will get made, let us rejoice and be glad in it. I and this is the bill to bring us forward.
more money. say this is the day that we restore the Mr. RICE of South Carolina. Mr.
I will also highlight the racist so- economy of America and save our Na- Speaker, I reserve the balance of my
cially disadvantaged farmers and tion. time.
ranchers provision. This provision Mr. RICE of South Carolina. Mr. Mr. NEAL. Mr. Speaker, I yield 1
should be a clear violation of the Civil Speaker, I would respond to the com- minute to the gentlewoman from Cali-
Rights Act of 1964, and I call on the De- ments of my friend, the chairman of fornia (Ms. SÁNCHEZ), who was a lead
partment of Justice to investigate it if the Ways and Means Committee when supporter of expanding the child tax
it becomes law. It is shameful and, in he said that he voted in favor of the credit and a longstanding advocate for
my opinion, illegal. I cannot justify bill when Hank Paulson came over and helping laid-off workers through
conditioning relief based on race and said it is something we needed to do, as COBRA.
ethnicity. This is not equality under Ms. SÁNCHEZ. Mr. Speaker, I rise
opposed to this bill, which President
the law. Federal aid dollars should be today to support the American Rescue
Obama’s former director of National
colorblind, and this bill puts the Fed- Plan, and I want to thank Chairman
Economic Council warned about con-
eral Government in a precarious posi- NEAL for his work to ensure that this
sequences of this bill for the value of
tion. package keeps our promises.
the dollar and financial stability be- This rescue plan is transformative. It
Mr. Speaker, I urge my colleagues to cause of the excessive borrowing that is the biggest investment in American
vote ‘‘no’’ on this relief package. we are doing. families in a generation.
Mr. NEAL. Mr. Speaker, I am glad Again, folks back home, we are bor- It puts shots in arms, money in pock-
Mr. HOYER also pointed out that many rowing $5,500 in your name, in your ets, children back to school, and people
of us did support President Bush’s res- wife’s name, in your children’s name, in jobs.
cue package. I voted for it twice. and giving you $1,400 of it. It invests in research, development,
We met with Hank Paulson, the Sec- President Biden’s chief of staff boast- and production to get vaccines out to
retary of the Treasury, in the Ways and ed about this bill that this is the most all Americans.
Means Committee library, and he said, progressive domestic legislation in a It helps keep people in their homes
‘‘You have to do this.’’ We followed generation. So it is no surprise, Mr. and apartments.
suit and supported it. Speaker, that there is no bipartisan It puts food on the tables of families
It has come to my attention that there is support for this bill. who are experiencing hunger.
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some uncertainty about the effective date of Mr. Speaker, I reserve the balance of It supports 27 million children with
one of the provisions in the American Rescue my time. an expanded child tax credit.
Plan Act of 2021. In section 9706 of the bill, Mr. NEAL. Mr. Speaker, I yield 11⁄2 It helps more than 17 million workers
we allow single-employer pension plans to minutes to the gentleman from New through the earned income tax credit.
measure their liabilities by using interest rates Jersey (Mr. PALLONE), the chairman of It lowers healthcare costs and helps
that are closer to historical norms, rather than the Energy and Commerce Committee. families keep their health coverage
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1277
through a provision in the bill that I Ms. DELBENE. Mr. Speaker, I rise poverty in half. Unprecedented
coauthored with Congresswoman today in support of the American Res- childcare funding will directly benefit
MCBATH. cue Plan, a bill that will deliver crucial its workforce made up of 95 percent
A vote for this bill is a vote for in- relief to millions of Americans who women.
vesting in the dignity of America’s have been struggling for far too long. Vote ‘‘yes’’ for women. Vote ‘‘yes’’
families. I urge my colleagues to vote The pandemic has caused economic for families. Vote ‘‘yes’’ for a more eq-
‘‘yes’’ on this relief package. uncertainty, hardship, and turmoil. An uitable future.
b 1245 estimated 8 million people have fallen Mr. RICE of South Carolina. Mr.
into poverty during this crisis making Speaker, I reserve the balance of my
Mr. RICE of South Carolina. Mr. the need for relief even greater. time.
Speaker, I reserve the balance of my This bill includes an antipoverty Mr. NEAL. Mr. Speaker, I yield 1
time. measure I have fought for: An expan- minute to the gentleman from Virginia
Mr. NEAL. Mr. Speaker, I yield 1 sion of the child tax credit. The expan- (Mr. BEYER), a valued member of the
minute to the gentlewoman from Ala- sion will provide increased payments to Ways and Means Committee, who
bama (Ms. SEWELL), a member of the help families pay bills and buy essen- played a central role in shepherding
Ways and Means Committee, who has tials. The expansions in this bill are es- this legislation through 2 days of Ways
been a powerful voice for home-visiting timated to cut child poverty in half. and Means consideration.
programs and the help they provide to This will transform the lives of many Mr. BEYER. Mr. Speaker, I thank
pregnant women and children. families and children. the gentleman for yielding.
Ms. SEWELL. Mr. Speaker, today is As chair of the New Democrat Coali- Mr. Speaker, my vote today for the
a day of great progress and great prom- tion, I am working to make the child American Rescue Plan will be the most
ise. I rise today to urge my colleagues tax credit permanent with Representa- consequential vote I have ever cast.
to vote in favor of the American Res- tives DELAURO and TORRES. Democrats Today, we show that democracy
cue Plan. are united around our shared goal to works.
The American Rescue Plan will save rebuild the middle class and make Today, we make available all the re-
lives and livelihoods. It will put vac- some of the biggest antipoverty re- sources needed to end a pandemic that
cines in the arms of Americans and forms in a generation. has killed 527,000 Americans.
provides $20 billion in a nationwide I welcome my colleagues on the other Today, we lift millions of American
vaccine plan. side of the aisle to join us. Lifting chil- children out of poverty.
It also puts children safely back in dren out of poverty should not be par- Today, we make the investment to
schools with a nearly $130 billion in- tisan. get our children back to school safely.
vestment. It will put money in people’s The American Rescue Plan will get Today, we authorize economic in-
pockets by delivering $1,400 stimulus our economy back on track and crush come payments to millions of our citi-
checks, as well as expand reliable the virus. I urge my colleagues to vote zens behind on their rents and car pay-
childcare and affordable healthcare. It ‘‘yes’’ on this critical legislation. ments and unable to buy groceries.
will extend unemployment benefits to Mr. RICE of South Carolina. Mr. Today, we extend unemployment in-
18 million Americans and so many Ala- Speaker, I would remind the gentle- surance for the 10 percent of Americans
bamians that I represent. woman that we are borrowing $5,500 for still out of work because of the virus.
It will put people back to work by every man, woman, and child in the en- Today, we send national help to
providing critical support for the hard- tire country with this $1.9 trillion bill those State and local governments who
est hit small businesses, expanding and that we are using that money to employed the heroes who provide our
PPP eligibility and much more. It will expand entitlement programs, includ- quality of life: police, firefighters,
give lots of needed money directly to ing the child tax credit. teachers, child protective service work-
localities, to local cities and counties. Well, who is going to end up paying ers, sanitation workers, and many oth-
In fact, $472 million of direct funding back that $5,500 per person? It is going ers.
will come to the State of Alabama in to be the very children that we are pro- And, today, we reject the social Dar-
my district. fessing to help today. winism of our Republican friends. We
Mr. Speaker, I want my constituents Mr. Speaker, I reserve the balance of reject the ethic of every man, woman,
to know and all Americans to know my time. and child for themselves.
that help is indeed on the way. Mr. NEAL. Mr. Speaker, I yield 1 Mr. Speaker, I am proud to vote for
Mr. RICE of South Carolina. Mr. minute to the gentlewoman from Mas- this bill today.
Speaker, I would point out to my sachusetts (Ms. CLARK), a champion of Mr. RICE of South Carolina. Mr.
friend from Alabama that because of all things Massachusetts. Speaker, I reserve the balance of my
the change in the allocation formula in Ms. CLARK of Massachusetts. Mr. time.
this bill, relief for States—from the Speaker, I thank the gentleman for Mr. NEAL. Mr. Speaker, I yield 1
prior COVID relief bills—now this for- yielding and for your incredible work minute to the gentleman from Penn-
mula will focus on the unemployed; and that of your committee. sylvania (Mr. EVANS), a member of the
therefore, places that have shut their A few weeks ago, my colleagues Ways and Means Committee, who has
economies down and hurt their citizens across the aisle were animated in their been a leader on expanding the earned
economically will get more money support of fairness for women. So here income tax credit.
than places who haven’t. is the moment to dispel any doubts Mr. EVANS. Mr. Speaker, I thank
As a result, Alabama is the fourth or that that was just a disingenuous de- the gentleman for yielding.
fifth largest loser in this bill in State fense of bigotry and truly help Amer- This act is big and bold, and it begins
and local government recovery money. ican women by supporting this trans- to keep our promise to Build Back Bet-
Alabama will lose about $890 million, formative legislation. ter. This is a historic bill, a policy rev-
almost $1 billion, and that works out Women have been on the front lines olution.
to approximately $178 lost for every of this crisis. Over two million women It includes: cutting child poverty in
man, woman, and child living in Ala- have been pushed out of work while half, expanding the earned income tax
bama. fighting to keep their families fed, credit for our essential workers, and
Mr. Speaker, I reserve the balance of healthy, and housed. Because of this saving people’s pensions.
my time. pandemic, women’s participation in the It means a shot in the arm, returning
Mr. NEAL. Mr. Speaker, I yield 1 workforce is at a 33-year low. kids to school safely, and more people
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minute to the gentlewoman from A vote ‘‘yes’’ for the American Res- back in jobs.
Washington (Ms. DELBENE), a member cue Plan is a vote to say vaccines can My constituents in Philadelphia feel
of the Ways and Means Committee, get into the arms of teachers and our it is needed now. This is something we
who has been a tireless champion for frontline workers. That direct checks all should be working on together.
this legislation’s historic expansion of will go to 85 percent of Americans. An I thank the chairman of the Ways
the child tax credit. expanded child tax credit will cut child and Means Committee and all of the
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H1278 CONGRESSIONAL RECORD — HOUSE March 10, 2021
staff for working on this very impor- Throughout California, essential waving a $1,400 check in front of our
tant bill. This is something that is long workers, many of them Black and constituency and saying, ‘‘Look at
overdue, and I am glad to be part of it. Latinos, are keeping our economy run- this,’’ but we are like the Wizard of Oz,
Mr. RICE of South Carolina. Mr. ning. Frontline healthcare workers are ‘‘Don’t look at what is going on behind
Speaker, I reserve the balance of my exhausted from caring for their pa- the curtain,’’ because what we are
time. tients day after day, month after doing with this $1.9 trillion bill is bor-
Mr. NEAL. Mr. Speaker, I yield 1 month during this pandemic, and local rowing $5,500 for every man, woman,
minute to the gentleman from Cali- organizations are distributing food and child in this country.
fornia (Mr. PANETTA), a member of the every single day to those in need. They We are giving them $1,400 so it is pal-
Ways and Means Committee, who was need us to pass the American Rescue atable to them. We are giving them a
one of the loudest voices for expanding Plan. little sugar. We are not reminding
the employee retention tax credit and Across the country people are terri- them about the $4,100 other dollars
a leader on all provisions that will im- fied that they or a loved one will get that we are borrowing in their name, of
prove care for nursing home residents. COVID–19 before being vaccinated and which $1,067 goes to bail out blue
Mr. PANETTA. Mr. Speaker, 1 year end up in the hospital or dead. They States like New York and California.
ago this week we left Congress early are scared that the American Dream is Mr. Speaker, $177 of their money, of
because of COVID–19. Since then our drifting further and further away. They that $4,100, goes to bail out union pen-
entire way of life has been upended need us to pass the American Rescue sion plans; $750, folks back home, of
with the worst pandemic in a century, Plan. your $4,100 that we are borrowing in
where at times we weren’t taming this That is why 75 percent of Americans your name and your wife’s name and
COVID tiger, we were just riding it. support this plan. Democrats, Repub- your kids’ names is going to extend un-
Yet, despite that rough ride, we did licans, independents from red States employment benefits to pay people
our job in Congress with five massive and blue States, they are urging us to more to sit home than they can make
relief bills that kept the economy pass this plan, and they are urging at work; $34 goes to museums and Na-
afloat, the poverty rate flat, and put us their Representatives to listen to tive American language preservation;
in the position where right now we are them. They are urging my colleagues $393 goes to K–12 and $120 to colleges
neck and neck in this race between in- on the Republican side of the aisle to and universities, of your money, each
jections and infections. not turn a deaf ear to their cause and of your money, and there is no require-
Yet my colleagues on the other side do the right thing and vote with Demo- ment that they reopen; $58 goes for
want to slow us down by voting ‘‘no,’’ crats to pass this bill. public health organizations, including
claiming process or price or pork or Mr. RICE of South Carolina. Mr. Planned Parenthood.
politics. Mr. Speaker, this bill, again, is sim-
Speaker, I reserve the balance of my
Well, I support the American Rescue ply a guise. COVID relief, no. As Mr.
time.
Plan, not just because we need to speed CLYBURN said: Let’s use this disaster to
Mr. NEAL. Mr. Speaker, I yield 1
up our response but because this bill is mold things to our vision.
minute to the gentleman from New And they are doing exactly that. This
about people; their health, their vac- York (Mr. SUOZZI), a member of the
cines, their jobs, their businesses, their is a massive expansion of the entitle-
Ways and Means Committee, who has ment programs.
local governments, and getting our been a champion for provisions to Mr. Speaker, I reserve the balance of
kids back to school safely. shore up the multiemployer pensions. my time.
So let’s do our job. Let’s defeat this Mr. SUOZZI. Mr. Speaker, the other Mr. NEAL. Mr. Speaker, I yield 30
disease. Let’s win this race by voting side of the aisle is peddling a false nar- seconds to the distinguished gentle-
‘‘yes’’ on the American Rescue Plan. rative. This bill is not loaded with woman from Michigan (Mrs. LAW-
Mr. RICE of South Carolina. Mr. pork. It is not a blue State bailout. RENCE).
Speaker, I would remind my friend It is a comprehensive plan to help Mrs. LAWRENCE. Mr. Speaker, the
that only about 9 percent of this bill people crushed by the virus beat the scale of our relief bill must match the
actually goes to speed vaccine produc- pandemic into the ground and ensure a scale of this crisis, and the American
tion and delivery around the country. rapid economic recovery. Rescue Plan meets this moment.
And if more of that were occurring in Yet my friends across the aisle and In addition, this comprehensive plan
this bill there may be more bipartisan- their cable news and social media includes much-needed relief for our
ship. enablers continue to promote fake battered cities. As a former mayor, I
This bill is a misnomer called a news. understand the struggle and strain of
COVID recovery act when, in fact, it is Let’s set the record straight. It is our cities right now. Congress cannot
just an expansion of entitlements that true that 9 percent—their favorite sit back as our mayors, Democrats and
will make people more dependent on talking point—9 percent, or $171 billion Republicans, are calling for help. This
the government and will lessen their is for vaccines, testing, and other is not a Democrat or Republican issue.
opportunity and heap debt on our chil- healthcare infrastructure. This pandemic is reaching every corner
dren and our grandchildren. Well, what about the other 90 per- of our country.
Mr. NEAL. Mr. Speaker, I yield 1 cent? $424 billion for $1,400 stimulus Mr. Speaker, let’s answer this call
minute to the gentleman from Cali- checks, $350 billion for struggling State and pass the American Rescue Plan.
fornia (Mr. GOMEZ), a valued member of and local governments, $246 billion for Mr. RICE of South Carolina. Mr.
the Ways and Means Committee, who unemployment insurance, $219 billion Speaker, I remind the people back
fought hard to ensure that all mixed- for children and childcare so parents home that the scale of this plan that
status families are eligible to receive can return to work, $178 billion to help the gentlewoman is talking about is
the economic impact payments and reopen schools, $109 billion for farmers $5,500 borrowed for every man, woman,
emergency assistance under this legis- and small businesses, $28 billion for and child in this country, and your
lation. restaurants and live venues, $40 billion children will pay that money back.
Mr. GOMEZ. Mr. Speaker, I represent for renters and homeowners who need They will pay it back in higher taxes.
Los Angeles, California, considered by assistance. They will pay it back in lost oppor-
many as one of the epicenters of the Let’s pass this bill. Stop the phony- tunity. They will pay it back in weaker
COVID–19 pandemic. baloney talking points and get the economic growth.
In my district working families are American people the relief they need. Mr. Speaker, I reserve the balance of
struggling to pay bills, small busi- my time.
b 1300
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nesses are trying to stay afloat, and Mr. NEAL. Madam Speaker, I yield 30
countless others are doing everything Mr. RICE of South Carolina. Mr. seconds to the gentlewoman from New
they can to keep a roof over their Speaker, I yield myself such time as I Mexico (Ms. LEGER FERNANDEZ).
heads. may consume. Ms. LEGER FERNANDEZ. Mr.
They need us to pass the American Mr. Speaker, I would remind my Speaker, I have spoken with New Mexi-
Rescue Plan. friend that what we are doing here is cans all across my district. I have
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1279
talked to mayors, local officials, Tribal not the right time either. There is still terests, and see whether we also in our
leaders. I have asked them the same a trillion dollars in unused funds from day and generation may not perform
question: What do you need? previous packages that were bipar- something worthy to be remembered.’’
What they have all said, Republicans tisan, that were targeted, that were That is what we are going to do in the
and Democrats alike, is that they need not merely misnamed liberal grab next few minutes.
this rescue plan. Our small businesses bags. Mr. Speaker, I yield 1 minute to the
are ready to put this lifeline to use. The Congressional Budget Office’s gentlewoman from California (Ms.
Our frontline workers, families, and overview of the economic outlook PELOSI), the Speaker of the House,
farmers are ready. New Mexico is ready projects that, by the middle of the whose attention to legislative detail is
to start climbing out of this crisis. year, the economy will have returned extraordinary.
Americans have told us what they to a prepandemic level of real GDP. Ms. PELOSI. Mr. Speaker, I thank
need. We have listened, and now we are Why? That is because the policies put the gentleman for yielding, and I thank
delivering. in place under the Trump administra- him for his extraordinary leadership in
Mr. NEAL. Mr. Speaker, may I in- tion and a Republican Congress are putting nearly a trillion dollars into
quire as to how much time is remain- still in place—lower taxes and lower the pockets of the American people. I
ing on both sides. regulation. That is why, as opposed to thank him and Mr. YARMUTH, the chair
The SPEAKER pro tempore. The gen- the Obama-Biden recovery, which in 8 of the Budget Committee, for their
tleman from Massachusetts has 3 min- years still had not recovered, the econ- leadership on this legislation and, of
utes remaining. The gentleman from omy is quickly coming back to course, on this debate this afternoon.
South Carolina has 7 minutes remain- prepandemic levels right now. It was dazzling to see them and the
ing. Yet, my colleagues on the other side Democratic chairs and Members speak
Mr. RICE of South Carolina. Mr. of the aisle have found every reason to up about this important legislation.
Speaker, I yield myself such time as I rush through costly, unnecessary pro- I thank the chairman for pointing
may consume. gressive priorities that my constitu- out the inconsistency on the part of
Mr. Speaker, more than once today, ents didn’t ask for. our colleagues across the aisle in com-
there has been reference to the recov- The American Rescue Plan is costing plaining about money helping the poor-
ery bills at the end of the Bush admin- each American more than their mort- est of poor children in our country
istration and the beginning of the gage payment, a downpayment on their while they didn’t hesitate to give large
Obama administration coming out of a car, or a semester of their children’s amounts of money to the richest people
very bad financial crisis. Of course, college, and their children will have to in America in their Republican tax
this COVID pandemic has led to a fi- pay it back. I don’t want to leave a scam. The chairman’s charts were very
nancial crisis in this country. But the eloquent.
huge bill for my kids, and I know most
difference in the response here is stark Mr. Speaker, to hear our Members
Americans don’t either.
between the two. speak about the terms of this bill, the
Mr. Speaker, I hope that this bill ex-
Coming out of the Bush administra- values that are in it, the plan that it
panding government, expanding enti-
tion and into the Obama administra- has, why they were voting ‘‘yes’’ on the
tlements, paying people to stay home,
tion, we expanded government, raised bill, and to hear Republicans talk
making them more reliant on the gov-
about why they would vote ‘‘no,’’ it is
taxes, expanded regulations, and adopt- ernment does not lead to another dec- typical that they vote ‘‘no’’ and take
ed recovery bills that weren’t focused ade of stagnation, of lost opportunity. the dough.
on economic growth. The result of that Vote ‘‘no’’ on this dangerous bill. This bill has bipartisan support
was, through 8 years of the Obama- Vote ‘‘no’’ against a selfish attempt to across the country, not only among the
Biden administration, we had stagnant strap our next generation with debt. general public, but in mayors, select-
growth. The middle class was shrink- Vote ‘‘no’’ to progressive payoffs that men, city councilpersons, and county
ing; middle-class incomes were shrink- we the people did not order. We must executives—who are Republican—ea-
ing. do better. gerly awaiting the passage of this bill
It took a Republican President, a Re- Mr. Speaker, I yield back the balance because they know at their level what
publican Congress, enacting bills that of my time. a difference it will make in the lives of
lowered taxes, lowered regulation, and Mr. NEAL. Mr. Speaker, I yield my- their constituents, the American peo-
lowered government reliance that led self 2 minutes of my time. ple.
to massive economic growth and oppor- Mr. Speaker, this is a most signifi- Mr. Speaker, this is a critical mo-
tunity for all demographics in our cant day, and this legislation meets ment in our country’s history. Tomor-
country. Hispanics, African Americans, the challenge of history and calls row, the world will mark 1 year since
women, and others have seen growth Americans to act upon this crisis. This COVID–19 was officially declared a
and opportunity not seen in decades, if is the opportunity now, and we should global pandemic by the World Health
ever. act. Organization. At that time, just over
I hope, with this plan, that we are This is not about self-correction. Far 1,000 Americans had contracted the dis-
not going to go back to the days of the too much is at stake. ease, and 38 had died.
Obama-Biden years of stagnant growth Mr. Speaker, I thank our colleagues Since that day 1 year ago from to-
and dashed opportunity for our chil- and, particularly, the Committee on morrow, nearly 30 million Americans
dren and our grandchildren. Ways and Means’ staff, who wore many have become infected. Over half a mil-
Mr. Speaker, we are holding up a hats through this, from crafting this lion Americans have died, more lives
check for $1,400 to the American public package to the brutal negotiations than were lost in combat in all of
and saying: Vote for this, but don’t pay with the Senate. They worked long America’s wars against foreign enemies
attention because we are really bor- hours while facing the same challenges combined.
rowing $5,500 in your name, your wife’s presented by remote school, lack of Each of those lives is precious to us.
name, your husband’s name, and each childcare, and concern for family mem- We feel each loss profoundly and pray
of your kids’ names. For each of your bers that Americans face every mo- for their families and for the families
kids, we are borrowing $5,500 in their ment through this crisis. There are too of those who have contracted the virus
name that they are going to have to many names to include, but I know and are still affected by it. And
pay back. They are getting $1,400 of it, that their counsel has been unparal- through it all, a historic economic cri-
but the other $4,100 is going here. leled and their expertise always un- sis has raged.
It is not right, and it is not fair. And matched. A full year later, 18 million Ameri-
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it will lead to lower growth and less op- Mr. Speaker, over the Speaker’s ros- cans are still out of work, according to
portunity for those kids that we are trum is a magnificent admonition from the statistics at the end of last week,
saddling with that debt right now. a son of Massachusetts, Mr. WEBSTER: and nearly 10 million jobs may have
Mr. Speaker, this is not the right ‘‘Let us develop the resources of our been lost. We hope to stop that.
plan to address our Nation’s challenges land, call forth its powers, build up its The most vulnerable among us have
in defeating the COVID–19 virus. It is institutions, promote all its great in- been disproportionately affected: moms
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H1280 CONGRESSIONAL RECORD — HOUSE March 10, 2021
pushed out of the labor market, women poor and those in the middle class who responders, police and fire, our sanita-
and minority-owned businesses forced are struggling. So this legislation does tion, transportation, our food workers,
to shudder, communities of color fac- that. our teachers—our teachers, our teach-
ing rising disparities. It includes the refundable tax credit, ers—make our lives possible, and make
Mr. Speaker, today, we have a real which will lift 50 percent of children the existence of our children better.
opportunity for change. As we serve in out of poverty. Whatever we spend on education in
Congress with each other, we learn How do you say ‘‘no’’ to lifting 50 this bill is a small percentage of what
about each other’s districts, each oth- percent of impoverished children in State and local government spend on
er’s priorities, and the rest. And we America out of poverty? education. More than 90 percent of it
learn about each other’s why. Why did Children also benefit from the earned comes from the State and local. So in
you come to Congress? Why are you income tax credit, direct payments, this legislation we are ensuring that
here? and enhanced unemployment insurance State and local government keep them
Each of us has come to Congress with benefits for their families. And the eco- in their jobs as heroes, as we talked
a purpose. My purpose, my why, are the nomic security of children is also en- about, and will help fight the fiscal
children. As a mother of five raising hanced by pension security of their pressure that they have because of the
my kids, seeing all the attention and grandparents, which is historically se- cost of addressing the coronavirus cri-
all that they needed, I was horrified by cured in this bill. sis, as well as revenue lost because of
the fact that one in five children in Sometimes I have young people come shutdowns and the rest.
America lives in poverty and goes to to my office—it is all about the chil- I was raised in a mayor’s household
sleep hungry in America at night. dren, it is all about the future—high as a daughter and sister of the mayor
That is my why. That is why I went school students, college students—and of Baltimore. The recognition of the
from homemaker to the House of Rep- they talk about the security of their role that local government plays is
resentatives. grandparents as important because, to very important to me, local and State.
the extent that their parents can focus But the local government is the first
b 1315 line of defense, and we are determined
on them rather than worry about the
That is why when people ask me, financial security of their grand- to fight any attempts to weaken what
‘‘What do you think the three most im- parents, it is very important to the was in this legislation for local govern-
portant issues are facing the Con- family across the board. ment.
gress?’’ I always say the same thing: For the children, the American Res- One of the values respected in this
Our children, our children, our chil- cue Plan also includes $12 billion in nu- legislation is our commitment to com-
dren—their health; their education; the munities of color, including Native
trition assistance to help the estimated
economic security of their families; a Americans, especially, who continue to
11 million children still going hungry.
safe, healthy environment in which When I talk about this with my fam- face serious health and economic dis-
they can thrive; and a nation at peace parities. This legislation will, among
ily, I say to my kids: You know, the
in which they can reach their fulfill- other steps, address 8 in 10 minority-
millions of children who are food inse-
ment. owned businesses on the brink of clo-
cure in our country, that is horrible.
Several of those priorities are ad- They will say: Mom, just say it an- sure—8 in 10 minority-owned busi-
dressed in this legislation. other way. They are hungry. They are nesses.
Again, this legislation, which has bi- The American Rescue Plan, Mr.
hungry. Some of them get their food at
partisan support throughout the coun- Speaker, is a force for fairness and jus-
school. They go to sleep hungry. If you
try, the Biden—and let me sing praises tice in America. This legislation is one
call that food insecurity, okay, but un- of the most transformative and his-
on President Biden for the values, for derstand this, these little children are
the vision, the strategic thinking, for toric bills any of us will ever have the
hungry. opportunity to support. It is one of the
the knowledge that he has brought to Again, $12 billion in nutrition assist-
what, as you said earlier, we had in the most transformative that I have seen
ance. in my over 30 years in the Congress. It
works for a while, but we freshened up $43 billion in rental, homeowner, and
is as consequential as the Affordable
by current events, the vaccine, and other housing assistance so that chil- Care Act, which expanded healthcare
what those possibilities are. dren of families who are on the verge of to more than 20 million people and
The Biden American Rescue Plan is eviction can have the comfort of know- made benefits much better for over 150
about the children, their health, their ing that that won’t happen. They will million families.
education, the economic security of have the comfort of home. Today, we have a decision to make of
their families, again. Our children’s $45 billion of childcare to keep chil- tremendous consequence, a decision
health is greatly protected by crushing dren learning and parents earning. that will make a difference for millions
the virus and by expanding access to That is always necessary, but even of Americans, saving lives and liveli-
healthcare through the Affordable Care more so with the 2.3 million women hoods. And as with all decisions, it is a
Act expansions in here, Medicaid losing their jobs, many of them moms. decision that we will have to answer
through FMAP, and in other ways as Now, everything that I mentioned for. We will give the American Rescue
well. here is related to the coronavirus. We Plan a resounding and, hopefully, bi-
Our children’s education is advanced have hunger issues in our country big- partisan vote to reflect the bipartisan
with a $170 billion to open schools safe- ger than even this. We have housing support that it has in the country. And
ly, including $130 billion for K–12. This issues. We have childcare issues, and we will get to work immediately to de-
funding will help address the social and the rest. It is very important in our liver lifesaving resources springing
emotional challenges that children country. But this is coronavirus-cen- from this bill as soon as it is passed
face, as well as learning loss, as well as tered. and signed, as we join President Biden
opening the schools safely. We know Childcare, and I will say it again, $45 in his promise that help is on the way.
what that requires. It requires ventila- billion. Most of it is for childcare and a For the people, for the children, I urge
tion, space, more teachers, more space, little bit of it is for Head Start. Chil- a ‘‘yes’’ vote.
to name a few things. dren learning, parents earning. This is Mr. NEAL. Mr. Speaker, I yield back
In terms of the economic security of important and central to how families the balance of my time.
children’s families, this legislation, as get through this coronavirus crisis. Ms. WATERS. Mr. Speaker, since March
I said earlier to Mr. NEAL, puts nearly All of these provisions in the bill are 2020, when the COVID–19 pandemic plunged
$1 trillion in the pockets of the Amer- enhanced by strengthening the support this country into a public health emergency
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ican people. Republicans did not seem for our heroes at the State and local and wreaked havoc on the U.S. economy,
to object when they put that much level. Hence, our bill was called the He- House Democrats have worked around the
money in the pockets of 83 percent of roes Act. Much of that is contained in clock to advance robust legislation to address
their tax scam into the top 1 percent, this legislation. Heroes, because our our public health needs and to provide real as-
but they seem to have a discomfort workers at the State, county, and local sistance to those who have been affected by
level when it reaches the poorest of the level, our healthcare workers, our first this deadly pandemic.
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1281
That day has finally arrived. The American committees, including providing information on the fact that the funds have a specific duration
Rescue Plan Act is the culmination of a year- the amounts the President anticipates the ad- until September 30, 2025 demonstrates that
long effort by Democrats to tackle the pan- ministration would spend to combat such a these funds have a special status that is not
demic crisis and provide assistance to strug- pathogen prior to exercising this authority. Be- consistent with the statutory frame of DPA
gling individuals, families, small businesses cause of the wide ranging interests in these Fund. Thus, in agreeing to the Senate Amend-
and communities. Under the leadership of matters, in addition to the Committee on Fi- ment, the Committee intends that the Presi-
President Biden, Democrats in the House and nancial Services, information should be pro- dent establish a new account to allow these
Senate are taking action to deliver robust relief vided to the Senate Committee on Banking, funds to be used for the purposes of titles I,
across the country. Housing and Urban Affairs, the House and III, and VII of the Act and to available until
With millions out of work, facing eviction, ex- Senate Appropriations Committees, the Com- September 30, 2025, without reference to sec-
periencing hunger, and struggling to make mittee on Energy and Commerce, and the tion 304 of the Act. In order to ease execution
ends meet, this legislation is urgently needed. Senate Committee on Health, Education, of these funds, the President may use existing
The Committee on Financial Services draft- Labor and Pensions. delegations and structures to carry out this
ed key recommendations that are contained in The Committee also expects that the Presi- provision, including current mechanisms for
the legislation under consideration today, and dent will provide timely information regarding execution of the DPA Fund.
as Chairwoman I am providing an explanatory the use of these funds, whether for the The Committee notes that this section
statement of these provisions to guide the Ad- COVID–19 Pandemic or for future pathogens. draws from H.R. 1720, introduced by Rep-
ministration’s implementation of these provi- In particular, the Committee expects that the resentative JUAN VARGAS of California.
sions. President will provide information on any com- With millions of individuals and families
Section 3101. COVID–19 Emergency Medical mitment of more than $50 million, whether in struggling to pay their rent, action is urgently
Supplies Enhancement. the forms of expenditures or loans under the needed to prevent an eviction crisis. According
Subsection (a) of section 3101 provides Defense Production Act of 1950, prior to mak- to the latest U.S. Census data, nearly 1 in 5
$10,000,000,000 to carry out titles I, III, and ing such commitment. Because of the wide in- renters are behind on paying rent, with renters
VII of the Defense Production Act of 1950 (50 terest in these matters, the Committee expects of color disproportionally struggling, while
U.S.C. 4501 et seq)(DPA) to boost the pro- that all such information, shall be provided not Moody’s Analytics recently estimated that rent-
duction of essential medical equipment and only to the Committee but also to the Commit- ers collectively owe over $57 billion in unpaid
supplies related to combating the COVID–19 tees described above. rent, utilities, and additional fees. Section 3201
Pandemic. The Committee expects that in im- The Committee also expects that the funds provides $21.6 billion for states, localities, and
plementing this section, the President will seek provided by this section will primarily be used territories to provide emergency assistance to
to make investments in both urban and rural by the Secretary of Health and Human Serv- renters. This funding supplements the $25 bil-
areas to the extent this is consistent with the ices (HHS). The DPA allows the President to lion in emergency rental assistance funding
country’s health needs. delegate his authority under the DPA to var- provided by Congress in December (Section
Subsection (b) sets out the purposes for ious agencies, and he has delegated DPA au- 501 of the Consolidated Appropriations Act,
which the $10 billion provided by this section thority under Title III of the Act to HHS. While 2021 (Public Law 116–260) (Section 501)) but
may be used. Paragraph (1) provides that the the DPA has been administered by the De- includes additional flexibilities to ensure grant-
funds may be used for the purchase, produc- partment of Defense, the funds made avail- ees can better stabilize renters. The Biden ad-
tion or distribution of medical equipment and able by this section are not for support of the ministration should again extend the federal
supplies related to combating the COVID–19 Defense Industrial Base, but are for medical eviction moratorium that expires on March 31,
Pandemic, including funding for all types of supplies and equipment related to the COVID– 2021 so that grantees have time to distribute
COVID–19 tests, personal protection equip- 19 Pandemic. However, the Committee recog- assistance to renters in need.
ment, including N95 masks, and vaccines and nizes that the President may determine that it Renters would be able to receive up to 18
drugs for preventing or treating COVID–19 or is important that other agencies, such as the months of financial assistance, including future
its symptoms. Subsection (b) also provides for Department of Homeland Security, have a role rent and utility payments (including pad rents
using such funds for acquisition of material, in- in either producing or distributing key supplies in manufactured housing communities), and
cluding raw materials, equipment and tech- with respect to the Pandemic or a future unpaid rent or utility bills that have accumu-
nology needed for such purposes. The Com- pathogen that has the potential to cause a lated. Renters can also receive assistance for
mittee notes that testing is critical to ensure public health emergency. If the President dele- other housing-related expenses necessary to
that we can stamp out the pandemic, and the gates this authority to any agency other than promote housing stability, such as, but not lim-
provision includes in-vitro diagnostic testing, HHS because it is important to do so, the ited to:, security deposits; relocation and rental
intended to be interpreted as that term is de- Committee expects the President to consult fees for displaced households; late fees re-
fined in section 809.3(a) of title 21, Code of with the relevant Committees prior to take lated to a former or current rental unit; and
Federal Regulations), for the detection of such action, and notify the relevant Commit- internet service provided to the rental unit.
SARS–CoV–2 or the diagnosis of the virus tees of which agency would exercise such au- Section 3201 does not preclude grantees from
that causes Covid–19. The Committee expects thority, the amount and the purpose for which continuing payment processes provided in
that such tests will include inexpensive rapid the funds would be used. Section 501. These processes are the provi-
at-home antigen tests that will allow individ- Finally, the Committee notes that the Sen- sions that govern payments of rent and utility
uals to identify new infections quickly and ate Amendment removed references to sec- assistance either to property owners and utili-
safely. This subsection also provides for vac- tion 304(e) of the Defense Production Act of ties or directly to tenants, and the application
cines, which are described in this section as 1950 (relating to limits on carryover funds re- for assistance by landlords and owners under
biological products, intended to be interpreted maining in the Defense Production Act Fund subsection (f). Additionally, funds can be used
as that term is defined by section 351 of the established by section 304 of the Act). The to provide housing stability services, such as,
Public Health Service Act (42 U.S.C. 262). Committee believes by eliminating this ref- but not limited to: case management; tenant-
The Committee also notes that ‘‘drugs’’ and erence, the $10 billion provided by section landlord mediation; legal services related to
‘‘medical devices’’ as used in subsection 3101 is no longer intended to be deposited eviction and housing stability; housing coun-
(b)(1)(C) are intended to be interpreted as into the DPA Fund. The statutory framework seling; fair housing counseling; and special-
those terms are defined in the Federal Food, established by section 3101 clearly provides ized services for people with disabilities, peo-
Drug, and Cosmetic Act (21 U.S.C. 301 et that the funds provided by this section are for ple with chronic health conditions, seniors, or
seq.)) any purpose in titles I, III and VII (including survivors of domestic violence or human traf-
Subsection (b) also provides that after Sep- paying for critical infrastructure under section ficking. Similar to Section 501, Section 3201
tember 30, 2022, funds appropriated by sub- 107 of the Act and for experts and other per- permits grantees to use a certain percentage
section (a) may be used to combat future sonnel under Title VII of the Act). By its terms, of their funds on administrative costs to sup-
pathogens that the President determines have amounts in the DPA Fund are available only port eligible program activities, including the
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the potential for creating a public health emer- for purposes of Title III, so funds from section provision of financial assistance and housing
gency. This additional flexibility can be used to 3101 should not be deposited into this Fund. stability services. Grantees may also use up to
address the current or future pathogens. This is also consistent with the provision free 10 percent of their funds on providing housing
Given this flexibility, the Committee expects standing nature, as opposed to referencing the stability services. As in Section 501, funds are
that if the President exercises this authority, existing ‘‘DPA Purchases’’ account, which is a provided to states to assist renters throughout
the President will consult with the relevant proxy for deposits into the Fund. Moreover, the state, including in rural communities, as
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H1282 CONGRESSIONAL RECORD — HOUSE March 10, 2021
well as cities and counties that receive a direct and an estimated $90 billion in missed mort- their mortgages and at risk of foreclosure due
allocation. gage payments. Targeted, direct assistance to to having lower savings and less wealth on
The Committee expects the Department of homeowners through the Homeowner Assist- average compared to White homeowners. Ac-
the Treasury (Treasury) (the agency imple- ance Fund (HAF or Fund) is an essential tool cording to the U.S. Census Bureau’s weekly
menting the program) and grantees to imple- that will help avoid a repeat of the 2008 fore- Pulse Survey data, Black, Latinx, and Asian
ment Section 3201 swiftly and not create any closure crisis, which upended the lives of mil- homeowners have consistently been more
artificial barriers to assistance. In particular, lions of Americans and eviscerated the than twice as likely as White homeowners, de-
we have seen with some benefits provided by generational wealth for many communities, spite age, sex, income, and geography, to be
the CARES Act, that documentation require- namely for families and communities of color. behind on their mortgage payments. Similarly,
ments to prove eligibility have erected artificial Although the CARES Act provided a fore- a survey conducted by Fannie Mae found that
barriers that have cut people off from the ben- closure moratorium and forbearance for feder- 51 percent of Black homeowners and 65 per-
efits Congress intended them to receive. In- ally-backed mortgages, many homeowners will cent of Latinx homeowners were not familiar
deed, diverse stakeholders, including tenant lose their homes to foreclosure in the absence with forbearance relief options provided
advocates, landlords, and state and local gov- of additional assistance. Approximately 30 per- through the CARES Act, despite being the
ernment agencies have raised concerns that cent of the mortgage market is not federally- populations with the greatest need.
such requirements that have been applied in backed and, therefore, ineligible for CARES The Committee expects that Treasury’s im-
existing emergency rental assistance pro- Act forbearance relief provided in March of plementation and administration of the Fund
grams have prevented renters from completing 2020. Elderly borrowers with reverse mort- will include proper oversight and reporting re-
applications and are overly burdensome for gages (known as Home Equity Conversion quirements to monitor and ensure HAF fund-
program staff. It is critical that any renters who Mortgages or HECMs) will need assistance ing properly reaches and serves the popu-
are struggling to pay their rent during the pan- paying their taxes, insurance, and utilities on lations that have been documented to be ex-
demic are not barred from accessing this as- time to avoid foreclosure. Low-to-moderate in- periencing disproportionate need during the
sistance due to cumbersome documentation come homeowners may need more payment current crisis. Adequate reporting should be
requirements or other barriers. An applicant’s assistance after forbearance than is possible made publicly available on a quarterly basis
simple attestation should be the only docu- through loss mitigation programs. Single-family and include the types and amount of assist-
mentation required to meet program eligibility rental property owners and other homeowners ance provided, the terms of such assistance,
requirements. Additionally, grantees may con- without a mortgage will also need assistance with the data disaggregated by locality, race,
tinue the income assessment procedures pur- to avoid losing their homes due to fore- ethnicity, sex, and other factors that provide
suant to Section 501 to determine eligibility. It closures. The HAF would be able to help with transparency and oversight in accordance with
is also the intent of the Committee that Treas- other housing costs beyond mortgage pay- the law. Such reporting will also be essential
ury and grantees broadly read the requirement ments, and can be used for things like prin- in Treasury’s ability to implement the HAF Re-
regarding the connection between a renter’s cipal reduction that are not offered through allocation provision.
hardship and the coronavirus pandemic when loss mitigation for federal mortgage programs While the Department of Housing and Urban
determining the eligibility of the renter. As the but can provide deeper payment reductions for Development, in coordination with the Depart-
language states, the hardship must have oc- homeowners who need it. ment of Justice, is responsible for the enforce-
curred ‘‘during or due, directly or indirectly, to Administered through the Department of the ment of the Fair Housing Act (FHAct), the
the coronavirus pandemic.’’ The economic ef- Treasury (Treasury), the HAF would provide FHAct requires that all federal housing pro-
fects of the pandemic will be felt long after the nearly $10 billion for states, territories, and grams and funds be administered in ways that
virus is contained. Certain industries and com- tribal governments to address the ongoing affirmatively further fair housing and do not
munities have been particularly hard-hit from needs of homeowners struggling to afford their perpetuate historically inequitable distribution
the pandemic and will likely take years to re- housing because they have experienced a fi- of housing funds. Therefore, both Treasury
cover. Treasury should issue guidance that nancial hardship associated with the and eligible entities have a legal responsibility
makes this point clear to ensure renters are coronavirus pandemic. Designed to work to affirmatively further fair housing through
not cut off from needed assistance as they try alongside CARES Act mortgage forbearance HAF, and to ensure that the administration of
to recover from economic downturns caused relief and federal loss mitigation programs, the housing relief funds do not have a disparate
by the pandemic. HAF will prevent foreclosures by providing impact on protected classes under the FHAct.
Section 3201 also provides that after Octo- homeowners direct assistance with their mort- The federal government must avoid its mis-
ber 1, 2022, certain grantees may expend gage payments, property taxes, property insur- takes of the past that have resulted in the lop-
funds on ‘‘other affordable rental housing and ance, utilities, and other housing related costs. sided, inequitable provision of housing relief
eviction prevention activities’’ that benefit any The funding would be administered similar to that fails to meet the needs of hardest hit
very low-income renter household. Such activi- the Hardest Hit Fund (HHF), which was a communities that are often the lowest income
ties can include affordable housing develop- homeowner relief program created in the after- communities and communities of color. In sup-
ment, preservation, or acquisition, and other math of the 2008 crisis that was administered port of these efforts, Section 3208 provides
forms of rental assistance and eviction preven- primarily through State Housing Finance $20 million for HUD’s Fair Housing Initiatives
tion activities targeted to very low-income rent- Agencies. While HHF funding was available to Program to support housing discrimination
ers. select states, the HAF has been calibrated to complaint intake and on-the-ground fair hous-
To ensure continuity in monitoring funds be available to all states, territories, and tribes, ing investigations.
provided by Section 3201 and Section 501 and to account for significantly higher rates of Additionally, Treasury must provide eligible
and ease of grantee implementation, Treasury unemployment today as compared to 2008. entities with clear and standard guidance early
should maintain the same reporting require- Of the nearly $10 billion dollars provided on in its administration of HAF to facilitate
ments that were included in Section 501. through the HAF, 60 percent of funds are re- proper and expeditious implementation. The
The Committee encourages the Administra- quired to serve homeowners making at or Committee expects Treasury to clarify that as-
tion to create and maintain a central public re- below 100 percent of the area median income sistance provided through HAF should not be
pository of information on state and local rent- or the national median income, whichever is considered income for a homeowner receiving
al assistance programs, which at a minimum higher. The flexibility in income determination relief. Additionally, Treasury should make sure
identifies the program’s administering agency between AMI and national median income is it is made clear as early on as possible that
and contact information, so that renters and intended to ensure resources reach localities eligible entities can utilize a portion of their
landlords can more easily identify available as- where the area median income may be too HAF funds to establish and administer their
sistance. low to adequately serve struggling tribal home- programs, similar to what was allowed through
Finally, to the extent there is any confusion owners and other homeowners living in rural HHF. The Committee also expects that the
with regard to the taxability of assistance, areas. The remaining 40 percent of funds are Treasury will allow eligible entities that over-
Treasury, in consultation with the Internal Rev- not income limited and must be targeted to so- estimate funding needs for administrative pur-
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enue Service, should provide guidance to clar- cially disadvantaged individuals, which the poses to transfer and use such funds in the
ify this for grantees and program participants. Committee expects will capture homeowners provision of assistance to homeowners.
During this public health emergency and fi- of color, including Black, Latinx, Asian, and Following the 2008 financial crisis and Great
nancial crisis, millions of homes are threat- Native American homeowners across the in- Recession, Congress established the State
ened by foreclosure, with over 8 million home- come spectrum who have been shown to be Small Business Credit Initiative (SSBCI) that
owners behind on their mortgage payments, at disproportionate risk of being delinquent on provided $1.5 billion to the Department of the
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1283
Treasury (Treasury) to fund various state, ter- network of business counselors, minority direct support from. As such, the FAA should
ritory, and local small business loan and in- chambers of commerce and non-profit organi- support the full ecosystem while taking all nec-
vestment programs. This program was lever- zations that are already providing such serv- essary steps to ensure small and minority-
aged to support $10.7 billion in new financing ices in their communities. Further, given re- owned concessions, regardless of the contrac-
to small businesses, helping to create or save search demonstrating that increasing em- tual arrangements those entities are a party to
more than 240,000 jobs. The median small ployee ownership is one way to help narrow as an airport concession (e.g. joint venture,
business size supported by SSBCI had 3 full gender and racial wealth gaps, the Committee sub-tenant under a master lease or master de-
time employees, and the median loan or in- encourages Treasury to provide funds to veloper, etc.), receive robust rent and fee
vestment amount was $33,000. Approximately states that use the funds to support state em- abatement as expeditiously as possible. While
41 percent of SSBCI supported transactions ployee ownership centers that provide tech- Section 7102 provides airports with critical
went to women or minority-owned businesses. nical assistance to businesses, including pro- funding to support airport concessionaires, the
This successful program expired in 2017. viding resources on how small businesses can amount appropriated is less than what stake-
In light of the widespread challenges small offer workers employee stock ownership holders have indicated is necessary to support
businesses, especially minority-owned busi- plans. workers and promote stability during this dif-
nesses, have faced during the COVID–19 Furthermore, the Committee expects that ficult time. Given the key role concessionaires
pandemic, Section 3301 would effectively re- the Treasury will provide timely information re- of all types provide to the traveling public and
authorize the SSBCI, providing $10 billion in garding the use of these funds. The Treasury to airport finances, I encourage the FAA and
federal funds to support up to $100 billion in should require the gathering of data on pro- other federal agencies to find ways to provide
new loans and investments for small busi- gram implementation, including but not limited additional financial and other support to the
nesses through state, territory, tribal, and local to, demographics on program participants and airport concessions ecosystem during this
small business programs. This amount in- interest rates assessed by lenders and inves- challenging time.
cludes up to $2.5 billion in federal funds to tors. This data should be reported to the pub- Mr. Speaker, individuals, families and small
support business enterprises owned and con- lic and the appropriate congressional commit- businesses are in urgent need of assistance.
trolled by socially and economically disadvan- tees of jurisdiction, as well as shared with ap- This legislation delivers robust relief to com-
taged individuals, including minority-owned propriate federal audit agencies, such as the munities across the country during this pan-
businesses. This amount also includes up to Inspector General’s office and the Government demic crisis. Colleagues, please join me and
$500 million for tribal government programs, Accountability Office, for review. vote yes for H.R. 1319.
and $500 million to provide technical assist- The CARES Act, signed into law on March
27, 2020, established the Payroll Support Pro- Mr. GALLEGO. Mr. Speaker, I rise today on
ance to small businesses that need legal, ac- behalf of tribal nations in Arizona and across
counting, financial and other kinds of advice in gram (PSP), which provided $32 billion in pay-
roll support for workers employed by airlines, the nation that are struggling to protect the
applying for small business support programs. health and welfare of their citizens.
As the renewed SSBCI is stood up, the cargo air carriers, and contractors servicing air
Treasury should provide adequate support to carriers at airports. Through the Consolidated As Chairman of the Subcommittee for Indig-
small businesses, especially very small busi- Appropriations Act of 2021, Congress ap- enous Peoples of the U.S. last Congress, I
nesses and those owned by socially and eco- proved the Payroll Support Program Extension heard from countless leaders about how this
nomically disadvantaged individuals. Socially (PSP2), which provided short-term relief to the pandemic has impacted them. We heard their
and economically disadvantaged individuals same class of workers as PSP until March 31, stories about the loss of elders, the challenges
may include racial and ethnic minorities, 2021. According to some estimates, major their children face trying to engage in distance
women, indigenous people, veterans, or oth- U.S. airlines lost over $35 billion in 2020, and learning without access to broadband internet,
ers who have been marginalized by their so- require additional assistance to support their and the near total collapse of on-reservation
cial or economic conditions. Additionally, workforce. Therefore, Section 7301 would pro- economies that provide critical jobs for tribal
through the program requirements Treasury is vide $15 billion to further extend the Payroll members and funds for government services.
authorized to establish and through other Support Program (PSP3) through at least Sep- While the CARES Act funding passed last
means, the Committee expects Treasury to tember 30, 2021, to provide payroll support for year for Tribes was a lifeline, it was not nearly
closely oversee states’ expenditure of $2.5 bil- airline workers and related contract workers. enough to address the disparate impact of this
lion funds that are to directly support busi- Specifically, PSP3 would provide $14 billion to pandemic on Indigenous people and commu-
nesses owned by socially and economically support workers of eligible air carriers, and $1 nities across the country. That is why I fought
disadvantaged individuals, including estab- billion would be available to support workers so hard to ensure that Tribes would not be
lishing a minimum level of support states and of eligible contractors. Given the budget rec- short-changed in further COVID–19 relief ef-
other jurisdictions receiving funds provide to onciliation process and the need to rely on the forts and why I am so proud that House and
these businesses. PSP2 distribution framework, the Committee Senate Democratic leadership has approved
In addition, the Treasury should require urges Treasury to implement this program in a the largest one-time investment in Native com-
states to provide a specific plan to engage mi- robust and fair manner so that all entities eligi- munities in our history.
nority depository institutions (MDIs), commu- ble for PSP2 and PSP3 are able to access the The American Rescue Plan includes more
nity development financial institutions (CDFIs) program and provide ongoing support for its than $28 billion for tribal governments. This is
and other mission-driven lenders who have a workforce. a real, meaningful investment that will allow
strong track record of supporting small and mi- Like other businesses, airports and airport Native communities to respond to the wide-
nority-owned businesses. Treasury should concessions have been hit hard during the ranging effects of the virus on their commu-
also require states to a COVID–19 pandemic pandemic. To help ensure those businesses nities and that will begin to address the
response plan with their application, describing and their workers get the support they need shameful federal history of ignoring the needs
how the state will expeditiously utilize funds to until the public health emergency is over and of Native communities.
support small businesses, including business normal activity resumes, Section 7102 pro- The package specifically includes $20 billion
enterprises owned and controlled by socially vides $8 billion in relief for airports, including in direct relief for Tribal governments. Impor-
and economically disadvantaged individuals, in at least $800 million to support airport conces- tantly, these funds will be able to be used
responding to and recovering from the eco- sions. In administering the program, the Fed- more flexibly by Tribes than CARES Act relief
nomic effects of the COVID–19 pandemic. eral Aviation Administration (FAA) should im- dollars, enabling Tribes to help struggling busi-
Moreover, Treasury should also require states plement this program along with the relief pro- nesses cover the cost of employees, develop
to agree that no lending activity supported by gram Congress enacted into law through the 21st century infrastructure, and address the
SSBCI funds would result in predatory lending, Coronavirus Response and Relief Supple- health and economic barriers that worsened
including charging interest rates in excess of mental Appropriation Act on December 27, the pandemic in Tribal nations. Additionally,
36 percent annual percentage rate under the 2020, holistically and prioritize support for mi- many tribal communities have lost elders who
Military Lending Act. nority-owned businesses, including Airport are the keepers of their languages, history,
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With respect to the technical assistance Concession Disadvantaged Business Enter- and cultural teachings at an alarming rate—
funds made available under Section 3301, prises (ACDBEs). Moreover, Section 7102 rec- the loss of this knowledge exacerbating the
Treasury should maximize the ability to deploy ognizes the interconnected ecosystem that existing crisis of Native language loss. Amer-
these funds to the Minority Business Develop- many airport concessions operate in, including ican Rescue Plan funding will be critical for
ment Agency (MBDA) at the Department of through joint ventures and other partnerships Tribes to cover government programs that will
Commerce, which could expedite support to a with large airport concessions they receive in- help preserve Native languages and culture.
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H1284 CONGRESSIONAL RECORD — HOUSE March 10, 2021
Last Congress, the Subcommittee for Indig- checks which if the past is any precedent, will The list of things Democrats left out of the
enous Peoples heard from Tribes about inad- be spent to meet immediate needs. It extends House bill was bad enough.
equacies in the distribution of Coronavirus Re- UI, funds SNAP, provides additional help to They preferred to pay people more to stay
lief Funds to Tribes under the CARES Act. get health insurance which is even more crit- at home than go to work.
The decision to solely rely on Indian Housing ical during a public health emergency. It refills They left behind poor kids in West Virginia
Block Grant formula for the calculation of tribal FEMA’s disaster assistance fund, provides in order to give preference to Democrat states.
population resulted in dramatically inaccurate funding so that schools can reopen safely or They left behind kids who want to go to
counts for many Tribes. I have been very en- continue to do virtual learning effectively, pro- school by sending money to schools that will
couraged by this administration’s renewed vides assistance to public transit systems, and stay closed.
commitment to Tribal consultation, and I urge provides pension relief, among many other They left behind front-line health-care work-
the administration to continue to make good provisions. ers without protections from frivolous lawsuits.
on that commitment by consulting with and de- Does this bill do all the things I would want? They left behind the millions of Americans
ferring to Tribes on the fairest and most accu- No. I would love to have gone further to de- whose identities were stolen during acts of un-
rate way to determine Tribal enrollment popu- liver greater relief. But it is a good enough employment insurance fraud.
lation for the purposes of the American Res- start and helps address some key challenges They left behind the #JoeJobless—the vic-
cue Plan. and will help expedite recovery in our commu- tims of President Biden’s war on energy.
Finally, in order to maximize the effective- nities on the long and challenging road ahead. They left behind special-needs kids and
ness of this historic investment in Native com- I thank the President for his leadership, as their parents who need help saving for their
munities, the American Rescue Plan relief well as the Speaker, and Chairman NEAL. therapies.
funding must be distributed on an equitable Ms. JOHNSON of Texas. Mr. Speaker, I rise They left behind families who worry about
basis. That is why I am proud of the American today in strong support of The American Res- losing the doubled child tax credit.
Rescue Plan’s establishment of a minimum cue Plan Act of 2021. They left behind the unborn by allowing
payment to ensure every Tribe receives a The legislation will provide much needed re- health care dollars to be used for abortions.
strong baseline of support. We also heard lief to both individuals and communities. They left behind the families of the victims
from Tribes that equitable distribution should The COVID–19 pandemic will leave an in- of Governor Cuomo’s mismanagement by re-
include the utilization of both Tribal population delible scar on our nation. fusing to require governors to report accurate
and economic and employment data. Once It will also be remembered as a time of re- data on their nursing home deaths.
again, it is my hope that the Biden Administra- markable achievement. They even rejected more fixes offered by
tion will rely on Tribal consultation in this area I rise today specifically to talk about the colleagues in the Senate.
when deciding how best to distribute this des- achievements of scientists and engineers Republicans wanted to provide more sup-
perately needed relief in an equitable, timely, across the nation who jumped into action from port for resident and employee safety in nurs-
and effective manner. the earliest days of the pandemic. ing facilities. Democrats said no.
Mr. Speaker, thank you for the opportunity Biologists, physicists, computer scientists, Republicans said let’s target stimulus
to highlight this important and historic invest- engineers, social scientists . . . there were checks towards those who have lost jobs,
ment in Tribal Nations, who have showed few fields that did not contribute. people who don’t need to pay rent, or buy gro-
leadership and resilience even as COVID–19 The vaccines would not have been possible ceries. Democrats said no, let’s send checks
devastated their communities. I look forward to without expertise from many fields. to prisoners.
working with my colleagues and with this Ad- While they achieved so much, many sci-
Republicans said let’s make sure stimulus
ministration to ensure quick and effective im- entific and technological questions remain that
checks go to Americans who need them.
plementation of this bill in the coming weeks. will be essential to our long-term recovery.
Democrats said no, let’s allow them to go to
Ms. MOORE of Wisconsin. Mr. Speaker, I I am proud that this legislation includes
people in this country illegally because they’ve
rise in strong support of the American Rescue $750 million in funding through the National
overstayed their visas. During a crisis on the
Plan. This bill provides needed relief for our Science Foundation and the National Institute
border? Really?
communities. of Standards and Technology for additional re-
Just one year ago, Democrats said it was
Since Congress acted on the last COVID– search related to COVID–19.
I also acknowledge that this is not enough, not possible that we would have a vaccine in
19 package in December, over 100,000 Amer-
and I will continue to advocate for research re- a year. Our own President and Vice President
icans have died from this deadly disease. Eco-
covery funding to ensure we do not suffer irre- said they would not trust such a vaccine.
nomic growth remains stagnant, millions of
Today, we have several vaccines. And, un-
Americans remain unemployed, and many versible loss to our science and innovation ca-
less I’m mistaken, every member in this
worry that their jobs may have disappeared pacity.
Mr. BRADY. Mr. Speaker, the American Chamber has had an opportunity to receive
forever. And, even as vaccine distribution ef-
forts ramp up, it is clear that our nation is not people deserve better. one.
They’ve been told that this bill is about Every American that we serve, however,
out of the woods yet. Metrics of housing inse-
curity, hunger, poverty are all trending in the Covid, but less than a dime of every dollar has not. And yet the Democrats’ Covid bill is
wrong direction. goes to Covid vaccines and defeating the 1 percent about the vaccines they didn’t be-
While I have concerns about some of the virus. lieve would exist.
changes made in the Senate, overall, the They’ve been told that this is a stimulus, but Democrats are today saying that there is
package still delivers key aid to hurting com- it doesn’t do anything to stimulate the econ- nothing they could have done to make a $1.9
munities, individuals, and businesses that con- omy—in fact, it could make it even worse, es- trillion bill more targeted, while admitting
tinues to be needed. This package helps sup- pecially paired with President Biden’s war on there’s plenty of waste, and yet still defending
port child care, a key employment enabler— energy jobs, and Democrats’ looming efforts to funding for museums.
without which so many women have dropped raise your taxes. We did better when we worked together.
out of the workforce during this pandemic, ac- The White House refuses to tell the Amer- Through December, over five Covid aid bills,
cording to a growing body of evidence. It pro- ican people how many jobs it will create be- Republicans and Democrats, we worked tire-
vides rental and housing relief to prevent a cause they know it won’t create jobs. It won’t lessly to deliver over $3.5 trillion, the largest
wave of evictions and resulting hardships in even secure the jobs most Americans have. amount of relief in American history.
our community. In the long run, it costs the The February jobs report shows that, al- Instead, we have this political payoff, which
government less to keep people housed than though we are far behind where we were prior leaves Americans behind, while Democrats
dealing with the consequences that follow to the pandemic, jobs are picking up. demand they foot the bill for it.
eviction. We could help Black Americans, Asian I urge my colleagues to vote no.
The American Rescue Plan gives critical Americans, women, and those without college Mr. SABAN. Mr. Speaker, One year ago,
support for our state and local governments, degrees get a stronger foothold in the work- the bottom fell out for the people of the North-
which have been on the front lines of this fight force. ern Mariana Islands. Our tourism-dependent
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while their revenues have fallen. As a result, But Democrats are leaving them behind economy suddenly had no tourists. Busi-
they have shed public employees at high rates today. This won’t lift people out of poverty, it nesses began closing. People were laid off.
in the last year—a disturbing consequence will only create more barriers out of it. Schools closed. And government revenues
that must be reversed. The only jobs this bill is intended to secure plunged.
The bill helps put money in the pocket of are those of political friends. It’s a political We were fortunate that, as islands with few
hurting families, with another round of stimulus payoff. access points, we could keep the coronavirus
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1285
at bay and remain healthy by screening every the American Rescue Plan (ARP), which in- based factors. The Department of the Treas-
arrival. cludes a critical investment of $20 billion for ury must provide a strong baseline of support
And we were fortunate to receive the eco- direct relief for the 574 federally recognized for all tribal governments, ensuring that no
nomic help we needed from the federal gov- tribal nations across the United States. tribes are excluded from these funds, in addi-
ernment and from our fellow Americans. We As you know, this funding is a lifeline to Na- tion to considerations for revenue losses and
will be forever grateful. tive communities, who have suffered the most cost increases.
Now vaccinations have begun. We are roll- devastating and disproportionate impact of the I thank the Speaker for the opportunity to
ing up our sleeves to take the shot and to get public health and economic crises of the speak to this historic investment in Indian
back to work. But when will tourists feel safe COVID–19 pandemic. This $20 billion fund is County, and for continued work to uphold the
to travel to our islands? And when will we feel critical for tribal governments to address the Federal trust responsibility to the 574 federally
safe allowing tourists to return? Like so much economic losses and health disparities that recognized tribal nations in the United States.
of what has happened over this last year, we were left unaddressed through funding dedi- I look forward to working with the Department
cannot predict. cated under the CARES Act, and I applaud of the Treasury on swift implementation of this
That is why passage of the American Res- your leadership to prioritize tribal nations in landmark legislation.
cue Plan today is so important. The Rescue the ARP since the federal government’s trust The SPEAKER pro tempore. All time
Plan will keep us healthy and economically responsibility has largely been ignored for debate has expired.
sound as we make our way forward in this un- throughout history. Pursuant to House Resolution 198,
predictable future caused by the coronavirus. In an effort to strengthen the intended goal the previous question is ordered.
Those who remain laid off will continue to of investing these funds into Indian Country, I The question is on the motion by the
receive Pandemic Unemployment Assistance first and foremost would like to stress that the gentleman from Kentucky (Mr. YAR-
and Federal Pandemic Unemployment Com- federal government’s trust responsibility to our MUTH).
pensation, as they have since we passed the tribal nations is of upmost importance. It is ab- The question was taken; and the
CARES Act last March. solutely essential that in its implementation of Speaker pro tempore announced that
Taxpayers will receive another economic im- the American Rescue Plan Act and in its dis- the ayes appeared to have it.
pact payment, $1,400, and more dependent tribution of funding allocations, the Department Mr. RICE of South Carolina. Mr.
children will qualify for additional aid. of the Treasury fully and properly consults with Speaker, on that I demand the yeas
Our K–12 schools, which have managed to tribal leaders across the country, as required and nays.
reopen on a limited basis, will remain open, by law. Additionally, in my conversations with The SPEAKER pro tempore. Pursu-
because the Rescue Plan has $160 million to tribal leaders over the last year, I have heard ant to section 3(s) of House Resolution
make sure teachers and staff can be paid. three main concerns about relief fund alloca- 8, the yeas and nays are ordered.
And the Northern Marians College and its stu- tions for Native communities that are ad- The vote was taken by electronic de-
dents will also get the help needed to continue dressed in turn below. vice, and there were—yeas 220, nays
studies. First, I respectfully suggest clarification of 211, not voting 1, as follows:
Childcare providers, another critical small the ARP language of Section 9901, indicating [Roll No. 72]
business, get an assist to stay open, bene- how the $19 of the $20 billion direct relief for
YEAS—220
fiting working parents who depend on these tribal governments is to be allocated by Treas-
Adams Delgado Kuster
services. Working families will, also, see their ury to ensure economic recovery funds can be Aguilar Demings Lamb
Child Tax Credit increase. And because we used in a flexible manner, which was left Allred DeSaulnier Langevin
were able to amend the Rescue Plan to make unaddressed under the CARES Act. The avail- Auchincloss Deutch Larsen (WA)
Marianas’ taxpayers eligible for the advance ability of flexible spending is of grave impor- Axne Dingell Larson (CT)
Barragán Doggett Lawrence
monthly payment of CTC, just like Americans tance since tribal governments faced signifi- Bass Doyle, Michael Lawson (FL)
nationwide, island parents will be getting that cant impacts from COVID–19 and, as a result, Beatty F. Lee (CA)
money when it is most useful: to meet the im- lost critical government revenue. It is esti- Bera Escobar Lee (NV)
Beyer Eshoo Leger Fernandez
mediate needs of growing children. mated that tribal nations sustained 35 percent Bishop (GA) Espaillat Levin (CA)
Working families in the Marianas will also revenue loss in 2020 since they lack tradi- Blumenauer Evans Levin (MI)
now—for the first time in twenty-five years— tional tax bases enjoyed by state and local Blunt Rochester Fletcher Lieu
receive the Earned Income Tax Credit that is governments. Thus, tribal enterprise revenues Bonamici Foster Lofgren
Bourdeaux Frankel, Lois Lowenthal
key to keeping Americans who work out of supply a majority of funding for basic govern- Bowman Fudge Luria
poverty. ment services to make up for these losses. Boyle, Brendan Gallego Lynch
And for those who still cannot work or As it stands, the language in this bill allows F. Garamendi Malinowski
whose incomes are insufficient, we have in- Brown Garcı́a (IL) Maloney,
the Department of the Treasury to implement Brownley Garcia (TX) Carolyn B.
cluded $30 million to provide food assistance this Fund such that tribes are able to meet Bush Gomez Maloney, Sean
in the Marianas and funds for housing, so no their individual and unique needs, whether it Bustos Gonzalez, Manning
one need lose the roof over their head. be addressing employment costs, providing Butterfield Vicente Matsui
Carbajal Gottheimer McBath
Last but not least, I want to recognize the health care or education, or investing in much- Cárdenas Green, Al (TX) McCollum
importance of the Coronavirus State and Local needed infrastructure. That flexibility is owed Carson Grijalva McEachin
Fiscal Recovery Fund included in the Amer- as a measure of tribal sovereignty, and I will Cartwright Haaland McGovern
ican Rescue Plan. I know this money was kept Case Harder (CA) McNerney
work with the Department of the Treasury to Casten Hastings Meeks
out of the relief measure we enacted in De- ensure that the bill is implemented as such. Castor (FL) Hayes Meng
cember, in part because of criticism this was Second, the Department of the Treasury Castro (TX) Higgins (NY) Mfume
a ‘‘blue state bailout.’’ Believe me, the Mari- must conduct robust tribal consultation with Chu Himes Moore (WI)
Cicilline Horsford Morelle
anas is neither blue nor a state. We are sim- tribal nations to determine the most effective Clark (MA) Houlahan Moulton
ply a community of Americans, who have and fair ways of measuring tribal population Clarke (NY) Hoyer Mrvan
been crushed economically by this pandemic; figures. Again, this issue was left largely Cleaver Huffman Murphy (FL)
and this fiscal aid to our state and municipal unaddressed under the language of the Clyburn Jackson Lee Nadler
Cohen Jacobs (CA) Napolitano
governments will fund police and keep other CARES Act, and the past administration’s de- Connolly Jayapal Neal
public servants employed, providing the serv- cision to utilize the Indian Housing Block Grant Cooper Jeffries Neguse
ices every community needs. formula for its tribal population calculation re- Correa Johnson (GA) Newman
Costa Johnson (TX) Norcross
Without the help of the federal government sulted in inaccurate funding distributions Courtney Jones O’Halleran
and the caring support of our fellow Americans across the country. I urge the Department to Craig Kahele Ocasio-Cortez
the people of the Marianas would have suf- ask tribal governments to submit comments on Crist Kaptur Omar
fered terribly over this last year. Instead, we their preferred population metrics, and actually Crow Keating Pallone
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Cuellar Kelly (IL) Panetta
remain healthy. Our children are in school. take those comments into account in an effort Davids (KS) Khanna Pappas
And we are ready to build back better, once to strengthen our government-to-government Davis, Danny K. Kildee Pascrell
this pandemic is finally behind us. relationship with tribal nations. Dean Kilmer Payne
Ms. DAVIDS of Kansas. Mr. Speaker, I rise Finally, Congress’s intent for the tribal set- DeFazio Kim (NJ) Pelosi
DeGette Kind Perlmutter
today to highlight the importance of the $31 aside in the Fund is to provide an equitable al- DeLauro Kirkpatrick Peters
billion allocated to tribal governments under location between economic and population- DelBene Krishnamoorthi Phillips
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H1286 CONGRESSIONAL RECORD — HOUSE March 10, 2021
Pingree Schrier Tlaib b 1408 Thank you for your leadership of our great
Pocan Scott (VA) Tonko State.
Porter Scott, David Torres (CA) Mr. KATKO changed his vote from Sincerely,
Pressley Sewell Torres (NY) ‘‘yea’’ to ‘‘nay.’’ MARCIA L. FUDGE.
Price (NC) Sherman Trahan So the motion to concur was agreed
Quigley Sherrill Trone to. f
Raskin Sires Underwood
The result of the vote was announced COMMUNICATION FROM LEGISLA-
Rice (NY) Slotkin Vargas
Ross Smith (WA) Veasey as above recorded. TIVE CORRESPONDENT, THE
Roybal-Allard Soto Vela A motion to reconsider was laid on HONORABLE MARILYN STRICK-
Ruiz Spanberger Velázquez the table. LAND, MEMBER OF CONGRESS
Ruppersberger Speier Wasserman MEMBERS RECORDED PURSUANT TO HOUSE
Rush Stanton Schultz RESOLUTION 8, 117TH CONGRESS The SPEAKER pro tempore laid be-
Ryan Stevens Waters
Allred (Davids Kirkpatrick Payne
fore the House the following commu-
Sánchez Strickland Watson Coleman nication from Elizabeth Beltran, legis-
(KS)) (Stanton) (Wasserman
Sarbanes Suozzi Welch
Scanlon Swalwell Wexton
Babin (Norman) Langevin Schultz) lative correspondent, the Honorable
Baird (Walorski) (Lynch) Pingree (Kuster) MARILYN STRICKLAND, Member of Con-
Schakowsky Takano Wild Barragán (Beyer) Lawson (FL) Porter (Wexton)
Schiff Thompson (CA) Williams (GA) Bush (Ocasio- (Evans) Roybal-Allard gress:
Schneider Thompson (MS) Wilson (FL) Cortez) Lieu (Beyer) (Leger HOUSE OF REPRESENTATIVES,
Schrader Titus Yarmuth Cárdenas Lofgren (Jeffries) Fernandez) Washington, DC, March 5, 2021.
(Gomez) Lowenthal Ruiz (Aguilar) Hon. NANCY PELOSI.
NAYS—211 Cleaver (Davids (Beyer) Rush
(KS)) McEachin (Underwood)
Speaker, House of Representatives,
Aderholt Golden Moolenaar Washington, DC.
Cohen (Beyer) (Wexton) Steube
Allen Gonzales, Tony Mooney DEAR MADAM SPEAKER: This is to notify
DeFazio (Davids McHenry (Banks) (Franklin, C.
Amodei Gonzalez (OH) Moore (AL)
(KS)) Meng (Clark Scott) you formally, pursuant to Rule VIII of the
Armstrong Good (VA) Moore (UT)
Arrington Gooden (TX) Mullin
Fudge (Kaptur) (MA)) Strickland Rules of the House of Representatives, that
Grijalva (Garcı́a Moore (WI) (DelBene) I, Elizabeth Beltran, have been served with
Babin Gosar Murphy (NC) (IL)) (Beyer) Thompson (MS) subpoenas for testimony issued by the
Bacon Granger Nehls Hastings Morelle (Tonko) (Butterfield)
Baird Graves (LA) Newhouse (Wasserman Moulton (Rice Watson Coleman
United States District Court for the Middle
Balderson Graves (MO) Norman District of Florida. The testimony sought re-
Schultz) (NY)) (Pallone)
Banks Green (TN) Nunes lates to events witnessed while I was em-
Johnson (TX) Napolitano Wilson (FL)
Barr Greene (GA) Obernolte ployed by the Speaker’s office as a Staff As-
(Jeffries) (Correa) (Hayes)
Bentz Griffith Owens
f sistant.
Bergman Grothman Palazzo
Bice (OK) Guest After consultation with the Office of Gen-
Palmer
Biggs Guthrie RESIGNATION FROM THE HOUSE eral Counsel, I have determined that compli-
Pence
Bilirakis Hagedorn Perry OF REPRESENTATIVES ance with the subpoenas is consistent with
Bishop (NC) Harris Pfluger the privileges and rights of the House.
The SPEAKER pro tempore (Mr.
Boebert Harshbarger Posey Sincerely,
Bost Hartzler Reed
VEASEY) laid before the House the fol- ELIZABETH BELTRAN,
Brady Hern Reschenthaler lowing resignation from the House of Legislative Correspondent.
Brooks Herrell Rice (SC) Representatives:
Buchanan Herrera Beutler Rodgers (WA)
f
Buck Hice (GA) HOUSE OF REPRESENTATIVES,
Rogers (AL) BIPARTISAN BACKGROUND
Bucshon Higgins (LA) Rogers (KY)
Washington, DC, March 10, 2021.
Budd Hill Rose Hon. NANCY PELOSI, CHECKS ACT OF 2021
Burchett Hinson Rosendale Speaker of the House,
Burgess Hollingsworth Mr. NADLER. Mr. Speaker, pursuant
Rouzer Washington, DC.
Calvert Hudson Roy DEAR SPEAKER PELOSI: It has been my to House Resolution 188, I call up the
Cammack Huizenga Rutherford honor and privilege to serve the people of the bill (H.R. 8) to require a background
Carl Issa
Carter (GA) Jackson
Salazar 11th Congressional District of Ohio since No- check for every firearm sale, and ask
Scalise vember 2008. My appreciation for their sup- for its immediate consideration.
Carter (TX) Jacobs (NY)
Schweikert port as I sought to represent their interests
Cawthorn Johnson (LA)
Scott, Austin
The Clerk read the title of the bill.
Chabot Johnson (OH)
Sessions
and those of many Americans for whom I The SPEAKER pro tempore. Pursu-
Cheney Johnson (SD) could be a voice is boundless.
Cline Jordan
Simpson ant to House Resolution 188, the bill is
Smith (MO) I will always remember my colleagues and
Cloud Joyce (OH) friends who have become a part of my family
considered read.
Smith (NE)
Clyde Joyce (PA)
Smith (NJ) during the last twelve years. I am fortunate The text of the bill is as follows:
Cole Katko
Smucker to have been selected by President Joe Biden H.R. 8
Comer Keller
Crawford Kelly (MS) Spartz to continue to serve the public good as Sec- Be it enacted by the Senate and House of Rep-
Stauber retary of Housing and Urban Development.
Crenshaw Kelly (PA) resentatives of the United States of America in
Curtis Kim (CA) Steel Therefore, please accept this correspond-
Stefanik
Congress assembled,
Davidson Kinzinger ence as notice of my resignation from the SECTION 1. SHORT TITLE.
Davis, Rodney Kustoff Steil
Steube U.S. House of Representatives, 11th Congres- This Act may be cited as the ‘‘Bipartisan
DesJarlais LaHood sional District of Ohio, effective imme-
Diaz-Balart LaMalfa Stewart Background Checks Act of 2021’’.
Donalds Lamborn Stivers diately upon delivery on March 10, 2021.
SEC. 2. PURPOSE.
Duncan Latta Taylor Thank you for your leadership and support
Tenney during my tenure. The purpose of this Act is to utilize the
Dunn LaTurner
Thompson (PA) Sincerely, current background checks process in the
Emmer Lesko
Estes Long Timmons MARCIA L. FUDGE. United States to ensure individuals prohib-
Fallon Loudermilk Turner ited from gun possession are not able to ob-
Feenstra Lucas Upton tain firearms.
Valadao
HOUSE OF REPRESENTATIVES,
Ferguson Luetkemeyer SEC. 3. FIREARMS TRANSFERS.
Van Drew Washington, DC, March 10, 2021.
Fischbach Mace (a) IN GENERAL.—Section 922 of title 18,
Fitzgerald Malliotakis Van Duyne Hon. MIKE DEWINE,
Fitzpatrick Mann Wagner Governor of Ohio, United States Code, is amended by adding at
Fleischmann Massie Walberg Columbus, OH. the end the following:
Fortenberry Mast Walorski DEAR GOVERNOR DEWINE: Effective March ‘‘(aa)(1)(A) It shall be unlawful for any per-
Foxx McCarthy Waltz 10, 2021, I have resigned my seat in the U.S. son who is not a licensed importer, licensed
Franklin, C. McCaul Weber (TX) House of Representatives representing the manufacturer, or licensed dealer to transfer
Scott McClain Webster (FL) a firearm to any other person who is not so
11th Congressional District of Ohio. Enclosed
Fulcher McClintock Wenstrup
is a copy of my letter of resignation to the licensed, unless a licensed importer, licensed
Gaetz McHenry Westerman
Gallagher McKinley Williams (TX) Speaker of the House, Nancy Pelosi, which manufacturer, or licensed dealer has first
Garbarino Meijer Wilson (SC) was hand delivered to her this afternoon. taken possession of the firearm for the pur-
dlhill on DSK120RN23PROD with HOUSE
Garcia (CA) Meuser Wittman An Ohioan born and bred, serving the peo- pose of complying with subsection (t).
Gibbs Miller (IL) Womack ple of the 11th Congressional District has ‘‘(B) Upon taking possession of a firearm
Gimenez Miller (WV) Young been an honor. My selection by President under subparagraph (A), a licensee shall
Gohmert Miller-Meeks Zeldin Joe Biden as Secretary of Housing and Urban comply with all requirements of this chapter
Development and confirmation by the Sen- as if the licensee were transferring the fire-
NOT VOTING—1 ate will allow me to continue to serve the arm from the inventory of the licensee to the
Tiffany public good. unlicensed transferee.
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1287
‘‘(C) If a transfer of a firearm described in Code, to enact a law on the same subject Gun violence of this magnitude is a
subparagraph (A) will not be completed for matter as this Act. distinctly American problem. A recent
any reason after a licensee takes possession (d) EFFECTIVE DATE.—The amendment
study in the American Journal of Medi-
of the firearm (including because the trans- made by subsections (a) and (b) shall take ef-
fer of the firearm to, or receipt of the fire- fect 180 days after the date of enactment of cine found that compared to 29 other
arm by, the transferee would violate this this Act. high-income countries, the gun-related
chapter), the return of the firearm to the The SPEAKER pro tempore. The bill murder rate in the United States is 25
transferor by the licensee shall not con-
shall be debatable for 1 hour, equally times higher. Even when you adjust for
stitute the transfer of a firearm for purposes population differences, Americans are
of this chapter. divided and controlled by the chair and
ranking minority member of the Com- disproportionately killed by gun vio-
‘‘(2) Paragraph (1) shall not apply to—
‘‘(A) a law enforcement agency or any law mittee on the Judiciary. lence. This is a disparity that we can
enforcement officer, armed private security The gentleman from New York (Mr. remedy by passing this bill.
professional, or member of the armed forces, NADLER) and the gentleman from Ohio With the exception of certain limited
to the extent the officer, professional, or (Mr. JORDAN) each will control 30 min- transfers, such as gifts to family mem-
member is acting within the course and bers and transfers for hunting, target
scope of employment and official duties;
utes.
The Chair recognizes the gentleman shooting, and self-defense, H.R. 8 would
‘‘(B) a transfer that is a loan or bona fide extend the current Federal background
gift between spouses, between domestic part- from New York.
check requirement—which applies now
ners, between parents and their children, in- b 1415 only to licensed gun dealers—and
cluding step-parents and their step-children,
between siblings, between aunts or uncles GENERAL LEAVE would require virtually all trans-
and their nieces or nephews, or between Mr. NADLER. Mr. Speaker, I ask actions to undergo a background check
grandparents and their grandchildren, if the unanimous consent that all Members to help ensure that firearms do not end
transferor has no reason to believe that the may have 5 legislative days in which to up in the wrong hands.
transferee will use or intends to use the fire- revise and extend their remarks and in- I thank Representative MIKE THOMP-
arm in a crime or is prohibited from pos-
sert extraneous material on H.R. 8. SON of California for drafting this im-
sessing firearms under State or Federal law;
‘‘(C) a transfer to an executor, adminis- The SPEAKER pro tempore. Is there portant legislation and for being a
trator, trustee, or personal representative of objection to the request of the gen- champion of gun violence prevention in
an estate or a trust that occurs by operation tleman from New York? Congress.
of law upon the death of another person; There was no objection. Simply put, H.R. 8 will save lives. I
‘‘(D) a temporary transfer that is nec- Mr. NADLER. Mr. Speaker, I yield urge my colleagues to support this leg-
essary to prevent imminent death or great myself such time as I may consume. islation and to support safer streets,
bodily harm, including harm to self, family, Mr. Speaker, gun violence impacts safer schools, and safer communities.
household members, or others, if the posses- all of our communities, and no place is Mr. Speaker, I reserve the balance of
sion by the transferee lasts only as long as
immune from its reach, including our my time.
immediately necessary to prevent the immi-
nent death or great bodily harm, including homes, our streets, our schools, and Mr. JORDAN. Mr. Speaker, I yield 21⁄2
the harm of domestic violence, dating part- even our places of worship. That is why minutes to the distinguished gen-
ner violence, sexual assault, stalking, and we must take swift and decisive action tleman from Kentucky (Mr. MASSIE),
domestic abuse; to reduce the daily toll of gun violence the co-chair of the Second Amendment
‘‘(E) a transfer that is approved by the At- that afflicts our Nation. H.R. 8, the Bi- Caucus.
torney General under section 5812 of the In- partisan Background Checks Act of Mr. MASSIE. Mr. Speaker, Demo-
ternal Revenue Code of 1986; or 2021 is sensible and effective legislation
‘‘(F) a temporary transfer if the transferor
crats today want to introduce gun con-
has no reason to believe that the transferee to do just that. trol legislation that they say is going
will use or intends to use the firearm in a Under current law, gun sales con- to make you safer. They want to ex-
crime or is prohibited from possessing fire- ducted by licensed firearms dealers pand background checks.
arms under State or Federal law, and the may only be completed if the buyers But what do background checks ac-
transfer takes place and the transferee’s pos- clear background checks. This bill complish?
session of the firearm is exclusively— would simply extend that requirement, Well, the DOJ said there were 112,000
‘‘(i) at a shooting range or in a shooting with limited exceptions, to guns trans- denials in a year.
gallery or other area designated for the pur-
ferred by unlicensed individuals as Who were those 112,000 people?
pose of target shooting;
‘‘(ii) while reasonably necessary for the well. That simple change to close a Well, my colleagues on the other side
purposes of hunting, trapping, or fishing, if gaping loophole in the law is one of the of the aisle would have you think those
the transferor— most effective steps we can take to ad- were felons, they saved you from those
‘‘(I) has no reason to believe that the dress the scourge of gun violence in felons.
transferee intends to use the firearm in a this country. But how many of those 112,000 were
place where it is illegal; and According to one study, 22 percent of prosecuted for that crime of trying to
‘‘(II) has reason to believe that the trans- gun owners in the U.S. acquired their acquire that gun?
feree will comply with all licensing and per-
mit requirements for such hunting, trapping,
most recent firearm without a back- According to the DOJ, 12—1–2—12 in a
or fishing; or ground check. We do not know if they year.
‘‘(iii) while in the presence of the trans- were felons, fugitives, domestic abus- Who were the other 100,000?
feror. ers, or otherwise prohibited under the Imagine, just imagine now that you
‘‘(3) It shall be unlawful for a licensed im- law from possessing firearms. A huge are the victim of an abusive relation-
porter, licensed manufacturer, or licensed volume of guns was sold with no ques- ship and after 5 years you have sum-
dealer to transfer possession of, or title to, a
firearm to another person who is not so li-
tions asked. It is time to close this moned the courage and the resources
censed unless the importer, manufacturer, or dangerous loophole. to separate from that relationship, but
dealer has provided such other person with a There is no reason to continue to things have escalated and now you
notice of the prohibition under paragraph (1), make it easy for people who are legally have decided that it is time to acquire
and such other person has certified that such prohibited from possessing firearms to the means to protect you and your
other person has been provided with this no- acquire them. The evidence clearly children. So you go to the gun store
tice on a form prescribed by the Attorney shows that background checks work and you try to buy a gun. The clerk
General.’’.
(b) AMENDMENT TO SECTION 924(a).—Section and significantly curb gun violence. presses the computer button, and it
924(a)(5) of title 18, United States Code, is One study found that a Connecticut says ‘‘denied.’’
amended by striking ‘‘(s) or (t)’’ and insert- law requiring background checks was You ask the clerk, ‘‘Why was it de-
ing ‘‘(s), (t), or (aa)’’. associated with a 40 percent decline in nied?’’
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(c) RULES OF INTERPRETATION.—Nothing in gun homicides and a 15 percent drop in The clerk says, ‘‘I don’t know. This
this Act, or any amendment made by this suicides. On the other hand, when Mis- happens sometimes. Maybe you had a
Act, shall be construed to—
(1) authorize the establishment, directly or souri repealed its background check similar name to somebody else in the
indirectly, of a national firearms registry; or law, the State’s gun homicides in- database.’’
(2) interfere with the authority of a State, creased by 23 percent and suicides in- You can’t buy a gun today, tomor-
under section 927 of title 18, United States creased by 16 percent. row, next week. Not ever. You have
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H1288 CONGRESSIONAL RECORD — HOUSE March 10, 2021
been denied. So you go to a friend you I don’t think that is fair. vestigations and prosecutions. GAO reviewed
have known for a long time. Your And for the fact checkers who are al- laws and regulations; analyzed federal and
friend says, ‘‘I would like to help you.’’ ready hard at work on this speech, I in- state data from 2011 through 2017; and inter-
You say, ‘‘Well, I don’t know if I am clude in the RECORD this GAO report on viewed officials from ATF headquarters, 6 of
25 ATF field divisions (the 6 that inves-
going to make it through the night.’’ the DOJ statistics on background tigated the most cases), and the 13 states
Your friend says, ‘‘I would like to checks. that process all NICS checks within their
help you, but don’t you know H.R. 8 [From the United States Government state. Results from state interviews are not
passed and it was signed by the Presi- Accountability Office, Sept. 2018] generalizable but provide insights on state
dent. I can’t spend a year in a cage. Report to the Ranking Member, Sub- practices.
Good luck tonight.’’ committee on Commerce, Justice, Science,
WHAT GAO RECOMMENDS
Mr. Speaker, now, I am not going to and Related Agencies, Committee on Ap-
ask you to imagine what happens next propriations, House of Representatives GAO recommends that ATF assess the ex-
because the Democrats saw fit to put LAW ENFORCEMENT—FEW INDIVIDUALS DENIED tent to which ATF field divisions use warn-
into this bill a requirement that you FIREARMS PURCHASES ARE PROSECUTED AND ing notifications as an enforcement tool,
have an imminent threat of death. The ATF SHOULD ASSESS USE OF WARNING NO- which would inform whether changes to pol-
TICES IN LIEU OF PROSECUTIONS icy are needed. DOJ concurred with GAO’s
threat has to be right there upon you
WHY GAO DID THIS STUDY recommendation.
or great bodily harm.
What do they say? In 2017, approximately 25.6 million firearm- WHAT GAO FOUND
Well, if you are just expecting a few related background checks were processed
through NICS, and about 181,000 of the at- Investigations and prosecutions. Federal
bruises and maybe a punch, put some
tempted purchases at the federal and state and selected state law enforcement agencies
ice on it. that process firearm-related background
levels combined were denied because the in-
Mr. Speaker, I am going to ask my dividual was prohibited from possessing a checks through the National Instant Crimi-
colleagues here today and I am going firearm under federal or state law. Individ- nal Background Check System (NICS) collec-
to challenge the sponsors of this bill uals who certify that they are not prohibited tively investigate and prosecute a small per-
and those of them who might think from purchasing or receiving a firearm and centage of individuals who falsify informa-
they would vote for this bill to con- are subsequently determined to be prohib- tion on a firearms form (e.g., do not disclose
sider whether it is fair. ited could be subject to investigation, and if a felony conviction) and are denied a pur-
Is it fair to surround yourself with prosecuted, a fine, imprisonment, or both. chase. Federal NICS checks resulted in about
armed guards, with Capitol Hill Police GAO was asked to examine firearms deni- 112,000 denied transactions in fiscal year)
als. This report (1) describes the extent to 2017, of which the Bureau of Alcohol, To-
who have guns, with personal details,
which federal and selected state law enforce- bacco, Firearms and Explosives (ATF) re-
bodyguards, and ask the people to pay ment agencies investigate and prosecute ferred about 12,700 to its field divisions for
for it when you make it harder for firearms denial cases; (2) examines related further investigation. U.S. Attorney’s Offices
those same people to protect them- challenges faced by these agencies; and (3) (USAO) had prosecuted 12 of these cases as of
selves? describes the circumstances that lead to in- June 2018.
TABLE.—FEDERAL NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM (NICS) FIREARMS DENIAL CASES INVESTIGATED AND PROSECUTED, FISCAL YEAR 2017
ATF Field Division United States Attorney’s
Federal NICS Transactions Denials Investigations Offices Prosecutions
8,606,286 ................................................................................................................................................................................................................. 112,090 12,710 12
At the state level, officials from 10 of 13 se- ficials from two of three selected states refer shootings in one year. But in 2020,
lected states said they did not investigate or all denial cases for investigation, while one there were only two mass shootings:
prosecute firearm denials, some citing com- state uses risk-based criteria for selecting one in February and another in early
peting resource demands and the lack of cases that include conditions such as felony
statutes with which states prosecute as rea- convictions and misdemeanor crimes of do- March.
sons. The remaining 3 states investigated a mestic violence. Prosecutors from these Of course, Mr. Speaker, those num-
high proportion of firearms denials. One of three states said they generally pursue cases bers don’t count the hundreds of shoot-
the 3 states reported about 1,900 referrals for that involve indications of violence, though ings each year in which there are fewer
prosecution in 2017 and about 470 convic- individual prosecutors had differing prior- than four victims, with tens of thou-
tions. ities based on public safety concerns.
Challenges. ATF and selected states re-
sands killed or maimed by gun violence
Mr. NADLER. Mr. Speaker, I yield 1 annually. The contrast in the number
ported challenges in investigating and pros-
ecuting firearms denials. Officials from six minute to the gentleman from Mary- of mass shootings from 2019 to 2020 is
selected ATF field divisions said that inves- land (Mr. HOYER), the distinguished stark.
tigating the increasing number of denial majority leader of the House. Mr. Speaker, I don’t have to explain
cases referred to field divisions—which in- Mr. HOYER. Mr. Speaker, well, that
to my colleagues why mass shootings
creased from about 5,200 in fiscal year 2011 to is an interesting speech to follow. Mr.
about 12,700 in fiscal year 2017—has been suddenly came to a halt last year, but
MASSIE was very energized. I haven’t
time intensive and required use of their lim- it shouldn’t take a deadly viral pan-
seen, of course, that which he sub-
ited resources. ATF policy provides that demic—which took us out of group
mitted for the RECORD, but 90 percent
field divisions may send ‘‘warning notices’’ meetings, which took us off the streets,
to denied persons in lieu of prosecution, but of America thinks this bill makes
which kept us at home—to stop a dead-
ATF has not assessed field divisions’ use of sense, 90 percent. Take your own polls.
ly epidemic of gun violence.
these notices, which could provide greater Poll after poll after poll shows over-
awareness of their deterrence value and in- whelming support of this legislation With the arrival of vaccines and pas-
form whether any policy changes are needed. because it is common sense. It is com- sage of President Biden’s plan to help
Officials from the Executive Office for mon sense that you want to assure the make it safe to reopen businesses and
United States Attorneys said that pros- community that those who buy weap- schools, we will soon be gathering in
ecuting denial cases can require significant groups once more, but nobody wants to
ons that can be used with deadly force,
effort and may offer little value to public see a return to mass shootings, Mr.
safety compared to other cases involving gun as the gentleman just indicated, are
not a danger to themselves or to oth- Speaker. Nobody wants to see a return
violence. Selected state officials said that
denial investigations can take law enforce- ers. to deadly school shootings that ter-
ment officials away from their core duties. Mr. Speaker, according to the data- rorize America’s students.
State prosecutors said gathering evidence to base from the Associated Press, USA We shouldn’t need a pandemic to re-
prove individuals knew they were prohibited Today, and Northeastern University duce gun violence in this country. The
dlhill on DSK120RN23PROD with HOUSE
was a challenge. that tracks mass shootings, which they way to do that ought to be through
Types of cases. ATF field divisions inves- passing commonsense gun safety legis-
define as four or more victims, not in-
tigate denial cases based on USAO criteria
and generally only refer cases to USAOs for cluding the shooter, 2020 was a stand- lation through Congress to make it
prosecution when aggravating circumstances out year. After years of setting new harder for deadly firearms to get into
exist, such as violent felonies or multiple se- records for mass shootings, 2019 had the hands of those who cannot bear
rious offenses over a short period of time. Of- the highest number recorded, 33 mass them responsibly. That is what H.R. 8,
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1289
the Bipartisan Background Checks Act, course. Sandy Hook; Charleston; Las The Special Order last night on H.R.
would do. Vegas; Orlando; Pittsburgh; Annapolis; 8 was another low point for decorum in
Nine out of 10 Americans support the San Bernardino; Washington Navy the House. To be generous, it was an
reforms in this bill. Now, I know I have Yard, just a few blocks from here; Oak embarrassing display and a complete
seen some people, Mr. Speaker, shake Creek; Tucson; Virginia Tech; and the misrepresentation of the facts.
their head, no, no, that is not the case. list could go on and on and on. Viewers were told that the bill would
Show me a poll that has less than 80 I say to the ladies and gentlemen of create a Federal gun registry. Wrong.
percent of Americans thinking that the House, let’s not add more names to Read page 5, line 18. H.R. 8 prohibits
terrorists should not be able to buy this register of grief. Let’s not rely on any registry.
guns, that felons should not be able to a pandemic to do what we ought to They were told you can’t give a gun
buy guns, that domestic abusers should have done so long ago. Let’s pass these to a family member. Wrong. Read page
not buy guns, particularly in an accel- bills and reduce gun violence the right 3, line 7. You can.
erated way. You get mad at a partner, way, with our votes. They were told that you can’t trans-
you get mad at a girlfriend, a boy- Is this a perfect bill? Will it establish fer a gun if someone was suicidal or
friend, whatever, go down to the store, or accomplish the absolute safety? needed it for protection to address a
boy, get a gun, bang. It will not, but what 90 percent of self-defense situation. Wrong. Read
It is one thing to have a thoughtful Americans say is that it is a step in the page 3, line 21. You can.
purchase: I want to have a hunting right direction. They were told that you can’t lend a
gun; I want to have a handgun for tar- Mr. Speaker, let us take that step. gun to a friend to go hunting. Wrong.
get practice; I want a handgun for safe- Mr. JORDAN. Mr. Speaker, no, it Read page 4, line 16. You can.
ty in my home, in my business, in my doesn’t. The previous speaker said What the bill does do is close the pri-
car. But if you are a person who has when this bill becomes law, it will stop vate gun sale loophole, which has made
shown that you are not somebody who some of the mass shootings—all of the it easy for felons and other prohibited
is a responsible person—sort of like mass shootings that happen in this purchasers to buy a gun online, at gun
driving a car, if you are not respon- country. No, it won’t. Nothing in this shows, or in person-to-person sales.
We know universal background
sible, you are a reckless driver and you bill would prohibit, would have stopped
checks work. Every day they stop some
have been guilty of manslaughter by any of those terrible things that took
160 felons and some 50 domestic abusers
automobile or something of that na- place.
from buying a gun. Every day.
ture—people have a right to know that What this bill does is stop law-abid- But without universal background
what you do is going to be not a danger ing citizens from exercising their Sec- checks, these people can take their
to them. ond Amendment liberties, just as the business elsewhere, to someone with-
This is one of the greatest examples gentleman from Kentucky mentioned a out a Federal firearms license and buy
of legislation that truly reflects the few minutes ago. the same gun.
will of the American people. That is Mr. Speaker, I yield 1 minute to the I have personally filled out the 4473
why I hope we can come together to gentlewoman from Indiana (Mrs. form required to buy a gun from a li-
pass it with bipartisan support. I don’t SPARTZ). censed dealer. I have done it many
know that that is going to be the case.
b 1430 times. It is something that every re-
But if it is not the case, it will not re- sponsible gun owner should be able to
flect the will of the American people Mrs. SPARTZ. Mr. Speaker, I rise in
opposition to H.R. 8. A major reason live with. Heck, they should welcome it
who would like to see this on a bipar- because it helps stop dangerous indi-
tisan basis. Republicans and Democrats our Founding Fathers drafted the Sec-
ond Amendment is to have a check and viduals from getting a gun.
polled support this legislation. In 90 percent of the cases, back-
Now, if somebody wants to show me a balance for the people against the tyr-
ground checks are completed within
poll that says, no, that is not the case, anny of government. It is the Second
minutes.
that is one thing, but I haven’t seen a Amendment for a reason, not the Ninth Mr. Speaker, I ask that these letters
poll that doesn’t reflect that. Just as I or the Tenth. You must have the Sec- that I have from dozens of gun violence
believe we ought to do this week with ond to protect the First. prevention groups, healthcare workers,
Representative CLYBURN’s bill as well, The first action by history’s dic-
law enforcement, and others be in-
which could close the loophole that tators—and we know all of them—was
cluded in the RECORD.
contributed to the reprehensible and to take guns from law-abiding citizens.
MARCH 5, 2021.
racially motivated mass shooting at We must remember that there is no law
Hon. CHUCK SCHUMER,
the Mother Emanuel AME Church in that stops criminals from getting guns Majority Leader, U.S. Senate,
Charleston, South Carolina, in 2015. and committing crimes. We would have Washington, DC.
Nine people in church slain by some- empty prisons otherwise. Hon. NANCY PELOSI,
body who got a gun; who, if the report As someone who grew up under a ty- Speaker, House of Representatives,
had come back in a timely fashion, rannical government, I value these Washington, DC.
wouldn’t have been able to get that rights tremendously, and I encourage Hon. MITCH MCCONNELL,
my colleagues to be vigilant and pro- Minority Leader, U.S. Senate,
gun.
Washington, DC.
I hope that Senate Republicans will tect these rights for all law-abiding
Hon. KEVIN MCCARTHY,
not filibuster this bill. At some point citizens. Republican Leader, House of Representatives,
in time the majority ought to rule. I urge my colleagues to oppose this Washington, DC.
Now, the Second Amendment cor- bill. DEAR MAJORITY LEADER SCHUMER, LEADER
rectly protects gun ownership. I don’t Mr. NADLER. Mr. Speaker, I yield 3 MCCONNELL, SPEAKER PELOSI, AND LEADER
have an argument with that. But the minutes to the distinguished gen- MCCARTHY: We write to you in support of
Supreme Court itself said that there tleman from California (Mr. THOMP- H.R. 8/S. 529 the Bipartisan Background
SON), the sponsor of this bill.
Checks Act and H.R. 1446/S. 591 the Enhanced
could be responsible restraints and
Background Checks Act. As gun owners, we
items for protection consistent with Mr. THOMPSON of California. Mr. understand that responsible gun ownership
that amendment. That is what this bill Speaker, every day 30 people are killed starts with background check. Loopholes in
does. by someone using a gun. That number federal law have perpetuated the gun vio-
I hope our friends will listen to the jumps to 100 if you factor in accidents lence crisis in our country, including those
voices of parents, children, siblings, and suicides involving guns. The steady in our background checks system. Congress
spouses, neighbors, and friends of those stream of gun violence devastates fam- must enact meaningful legislation to reduce
dlhill on DSK120RN23PROD with HOUSE
who were killed by gun violence in re- ilies, communities, and schools. gun violence. The Bipartisan Background
cent years; and I hope they will re- Gun violence costs our country $280 Checks Act would close one such loophole by
ensuring that a background check happens
member the names that bring tears to billion every year. This status quo is on every firearms sale.
many eyes and pain in so many hearts. not okay. Since 1993, the National Instant Criminal
Parkland. Some believe Parkland Our constituents know it, and they Background Check System (NICS) has con-
didn’t happen. They are wrong, of support H.R. 8 overwhelmingly. ducted firearm background checks on gun
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H1290 CONGRESSIONAL RECORD — HOUSE March 10, 2021
purchasers. Federally licensed dealers must Act would require a background check on H.R. 8 / S. 529 the Bipartisan Background
run a check through NICS to determine every sale, ensuring that people prohibited Checks Act / Background Check Expansion
whether a potential buyer is prohibited from from purchasing firearms cannot exploit Act would require a background check on
purchasing firearms. If information in NICS loopholes and purchase guns through an un- every sale, ensuring that people prohibited
shows that a person is indeed prohibited, the regulated sale at a gun show, on line, or from from purchasing firearms cannot exploit
dealer must deny the sale. an unlicensed seller. In addition, individuals loopholes and purchase guns through an un-
However, no background check is required would no longer be able to cross state lines regulated sale at a gun show, online, or from
for sales at gun shows, through online mar- solely to purchase a firearm in a state with an unlicensed seller. In addition, individuals
ketplaces, or between private individuals. In- less stringent background checks. Closing would no longer be able to cross state lines
dividuals who would otherwise be prohibited these background check loopholes is critical solely to purchase a firearm in a state with
from purchasing or possessing a gun can eas- to reducing gun violence throughout the less stringent background checks. Closing
ily buy guns through such unregulated sales. United States. these background check loopholes is critical
And the frequency of these unregulated sales Additionally, H.R. 1446 / S. 591 the En- to reducing gun violence throughout the
is growing: recent studies indicate that ap- hanced Background Checks Act / Background United States.
proximately 22 percent of firearms are pur- Check Completion Act would provide the FBI Additionally, H.R. 1446 / S. S. 591 the En-
chased without a background check, up to more time to complete background checks hanced Background Checks Act / Background
80% of firearms used in crimes are obtained and ensure that people prohibited from pos- Check Completion Act would provide the FBI
without a background check. sessing firearms are not able to obtain them more time to complete background checks
H.R. 8/S.B. 529 the Bipartisan Background by default because of an incomplete back- and ensure that people prohibited from pos-
Checks Act/Background Check Expansion ground check. This deadly loophole in exist- sessing firearms are not able to obtain them
Act would require a background check on by default because of an incomplete back-
ing law was exploited by a white supremacist
every sale, ensuring that people prohibited ground check. This deadly loophole in exist-
who killed nine people at the Mother Eman-
from purchasing firearms cannot exploit ing law was exploited by a white supremacist
uel AME Church in Charleston, South Caro-
loopholes and purchase guns through an un- who killed nine people at the Mother Eman-
lina.
regulated sale at a gun show, online, or from Oregon adopted universal background uel AME Church in Charleston, South Caro-
an unlicensed private seller. In addition, in- checks in 2015 which we strongly supported. lina.
dividuals would no longer be able to cross We know that in many of our states we
However, our citizens are still vulnerable to
state lines solely to purchase a firearm in a have not been able to pass any form of gun
the importation of firearms from states with
state with less stringent background checks. Violence Prevention Bills. If passed these
less stringent laws. We need federal legisla-
Closing these background check loopholes is Bills would bring immediate relief to all
tion that will apply to all.
critical to reducing gun violence throughout Americans from most forms of gun Violence.
We urge you to pass H.R. 8 / S. 529 the Bi-
the United States. We urge you to pass H.R. 8 / S. 529 the Bi-
partisan Background Checks Act / Back- partisan Background Checks Act / Back-
Additionally, H.R. 1446/S. 591 the Enhanced
ground Check Expansion Act and H.R.1446 / ground Check Expansion Act and H.R. 1446 /
Background Checks Act/Background Check
S. 591 the Enhanced Background Checks Act S. 591 the Enhanced Background Checks Act
Completion Act would provide the FBI more
/ Background Check Completion Act, as soon / Background Check Completion Act, as soon
time to complete background checks and en-
as possible. as possible.
sure that people prohibited from possessing
Sincerely, Sincerely,
firearms are not able to obtain them by de-
PAUL KEMP, CLAI LASHER-SOMMERS,
fault because of an incomplete background
President. Executive Director,
check. This deadly loophole in existing law
was exploited by a white supremacist who States United to Prevent Gun Violence.
STATES UNITED TO
killed nine people at the Mother Emanuel
PREVENT GUN VIOLENCE, MAJOR CITIES CHIEFS ASSOCIATION,
AME Church in Charleston, South Carolina.
As responsible gun owners, we urge you to March 5, 2021. March 5, 2021.
consider this legislation which would help Hon. CHUCK SCHUMER, Hon. CHUCK SCHUMER,
keep our communities safe. Our support for Majority Leader, U.S. Senate, Majority Leader, U.S. Senate,
universal background checks stems from our Washington, DC. Washington, DC.
desire to protect the Second Amendment Hon. NANCY PELOSI, Hon. NANCY PELOSI,
rights of law abiding citizens while main- Speaker, House of Representatives, Speaker, House of Representatives,
taining checks and balances to keep commu- Washington, DC. Washington, DC.
nities safe. Hon. MITCH MCCONNELL, Hon. MITCH MCCONNELL,
We urge you to pass H.R. 8/S. 529 the Bipar- Minority Leader, U.S. Senate, Minority Leader, U.S. Senate,
tisan Background Checks Act/Background Washington, DC. Washington, DC.
Check Expansion Act and H.R. 1446/S. 591 the Hon. KEVIN MCCARTHY, Hon. KEVIN MCCARTHY,
Enhanced Background Checks Act/Back- Republican Leader, Republican Leader, House of Representatives,
ground Check Completion Act, as soon as House of Representatives, Washington, DC. Washington, DC.
possible. DEAR MAJORITY LEADER SCHUMER, LEADER DEAR MAJORITY LEADER SCHUMER, MINOR-
Sincerely, MCCONNELL, SPEAKER PELOSI, AND LEADER ITY LEADER MCCONNELL, SPEAKER PELOSI,
GIFFORDS GUN OWNERS FOR SAFETY. MCCARTHY: States United to Prevent Gun Vi- and REPUBLICAN LEADER MCCARTHY: I’m
olence is a group of 32 state affiliates across writing on behalf of the Major Cities Chiefs
GUN OWNERS FOR the United States that work on Gun Violence Association (MCCA), a professional organiza-
RESPONSIBLE OWNERSHIP, Prevention. We come from all areas of this tion of police executives representing the
Lake Grove, OR, March 5, 2021. country. Urban, rural, and, suburban. We be- largest cities in the United States and Can-
Hon. CHUCK SCHUMER, lieve that gun violence is a public health ada. The MCCA strongly supports H.R. 8/S.B.
Majority Leader, problem, and, that the legislation proposed 529, the Bipartisan Background Checks Act
U.S. Senate, Washington, DC. will prevent many communities from suf- of 2021/Background Check Expansion Act.
Hon. NANCY PELOSI, fering the trauma of gun violence. The Association has been a strong advocate
Speaker, House of Representatives, Since 1993, the National Instant Criminal for sensible gun policy for many years. Insti-
Washington, DC. Background Check System (NICS) has con- tuting universal background checks is a core
Hon. MITCH MCCONNELL, ducted firearm background checks on gun tenant of the MCCA’s Firearms Violence Pol-
Minority Leader, purchasers. Federally licensed dealers must icy, which our membership approved in 2018.
U.S. Senate, Washington, DC. run a check through NICS to determine Since 1993, the National Instant Criminal
Hon. KEVIN MCCARTHY, whether a potential buyer is prohibited from Background Check System (NICS) has con-
Republican Leader, purchasing firearms. If information in NICS ducted firearm background checks on gun
House of Representatives, Washington, DC. shows that a person is indeed prohibited, the purchasers. Federally licensed dealers must
DEAR MAJORITY LEADER SCHUMER, LEADER dealer must deny the sale. run a check through NICS to determine
MCCONNELL, SPEAKER PELOSI, AND LEADER However, there is a loophole in federal law whether a potential buyer is prohibited from
MCCARTHY: We are gun owners, outdoors en- and no background check is required for purchasing firearms. If information in NICS
thusiasts, and veterans who seek reasonable sales at gun shows, through online market- shows that a person is indeed prohibited, the
and responsible solutions to preventing gun places, or between private individuals. Indi- dealer must deny the sale. However, there is
violence. We believe our Second Amendment viduals who would otherwise be prohibited a loophole in federal law, and no background
rights come with responsibilities. We also from purchasing or possessing a gun can eas- check is required for sales at gun shows,
dlhill on DSK120RN23PROD with HOUSE
believe in common-sense efforts to reduce ily buy guns through such unregulated sales. through online marketplaces, or between pri-
gun violence and promote gun safety across And the frequency of these unregulated sales vate individuals. Individuals who would oth-
the country, including universal background is concerning: recent studies indicate that erwise be prohibited from purchasing or pos-
checks and safe and secure storage of fire- approximately 22 percent of firearms are pur- sessing a gun can easily buy guns through
arms. chased without a background check, and up such unregulated sales.
H.R. 8 / S. 529 the Bipartisan Background to 80% of firearms used in crimes are ob- H.R. 8/S.B. 529 would require a background
Checks Act / Background Check Expansion tained without a background check. check on every sale, ensuring that people
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1291
prohibited from purchasing firearms cannot lence for what it really is: a deadly epidemic short-term gun loans among hunters and
exploit loopholes and purchase guns through resulting in substantial morbidity and mor- sport shooters. The legislation does nothing
an unregulated sale at a gun show, online, or tality for our patients. to impede lawful gun purchases, while clos-
from an unlicensed seller. In addition, indi- Since 1993, the National Instant Criminal ing off a wide and well-known avenue for il-
viduals would no longer be able to cross Background Check System (NICS) has con- legal transactions by prohibited, and often
state lines solely to purchase a firearm in a ducted firearm background checks on gun dangerous, buyers. It is past time to expand
state with less stringent background checks. purchasers. Federally licensed dealers must lifesaving background checks to every gun
Closing these background check loopholes is run a check through NICS to determine sale, and the public agrees: more than 90 per-
critical to reducing gun violence throughout whether a potential buyer is prohibited from cent of Americans, including large majori-
the United States. purchasing firearms. If information in NICS ties of gun owners, support universal back-
Many MCCA members are experiencing a shows that a person is indeed prohibited, the ground checks.
significant uptick in gun violence in their dealer must deny the sale. Likewise, it has been over five years since
cities. The MCCA’s most recent Violent However, no background check is required a prohibited person massacred nine parish-
Crime Survey, which showed a nationwide for sales at gun shows, through online mar- ioners at the Emanuel AME Church in
rise in both homicides and aggravated as- ketplaces, or between private individuals. In- Charleston, South Carolina, with a gun pur-
saults in 2020, supports these reports. Ensur- dividuals who would otherwise be prohibited chased at a licensed firearms dealer and it is
ing background checks for all gun sales and from purchasing or possessing a gun can eas- far past time for Congress to take action to
transfers will save lives by helping keep fire- ily buy guns through such unregulated sales. fix this gap in law.
arms out of the hands of those who are not And the frequency of these unregulated sales Under current law, a licensed dealer may
permitted to have them under the law. It is concerning: recent studies indicate that transfer a gun to a buyer after three business
will also be a critical step in combatting the approximately 22 percent of firearms are pur- days even if the background check has yet to
epidemic of gun violence currently plaguing chased without a background check, up to determine whether that buyer is legally eli-
our country. 80% of firearms used in crimes are obtained gible to purchase a gun, now known com-
Gun violence is more than just a public without a background check. monly as the ‘‘Charleston Loophole.’’ Ac-
safety issue; it’s an officer safety issue as H.R. 8/S. 529 the Bipartisan Background cording to FBI data, thousands of guns are
well. MCCA members, and law enforcement Checks Act/Background Check Expansion sold each year through this loophole to indi-
agencies all across the country, have had far Act would require a background check on viduals who are prohibited from possessing
too many officers killed or wounded in the every sale, ensuring that people prohibited firearms—over 43,000 since 2008. In the last
line of duty by individuals who should have from purchasing firearms cannot exploit decade an average of 10 prohibited individ-
been prohibited from purchasing a firearm. loopholes and purchase guns through an un- uals have been able to purchase guns at li-
We must enact policies at the national level regulated sale at a gun show, online, or from censed firearms dealers through the Charles-
to help ensure these brave men and women an unlicensed seller. In addition, individuals ton Loophole every single day.
return home safely after their shifts. would no longer be able to cross state lines H.R. 1446 will prevent the sale of firearms
The MCCA urges Congress to pass H.R. 8/ solely to purchase a firearm in a state with to prohibited individuals by providing the
S.B. 529, the Bipartisan Background Checks less stringent background checks. FBI with additional time to complete back-
Act of 2021 /Background Check Expansion Too often, our patients and our commu- ground checks—allowing the system to bet-
Act, as soon as possible. Please do not hesi- nities bear witness to the terrible tragedies ter focus its resources and efforts, and pro-
tate to contact me if the MCCA can be of any that occur when people use guns to harm vide accurate dispositions to federally li-
assistance. themselves or others. Gun violence is a com- censed firearms dealers. This legislation will
Sincerely, plex public health issue that will require a have a tremendous impact on public safety
CHIEF ART ACEVEDO, comprehensive solution; enacting universal while ensuring that lawful gun owners are
Chief, Houston Police Department, background checks is an important first not subject to indefinite bureaucratic delay.
President, Major Cities Chiefs Association. step. Our support for universal background We urge you to act quickly to pass these
checks comes from our desire to save lives life-saving pieces of legislation.
MARCH 3, 2021. and protect our patients. Sincerely,
Hon. CHUCK SCHUMER, We urge you to pass H.R. 8/S. 529 the Bipar- American Federation of Teachers (AFT),
Majority Leader, U.S. Senate, tisan Background Checks Act/Background American Medical Student Association
Washington, DC. Check Expansion Act, as soon as possible. (AMSA), American Public Health Associa-
Hon. NANCY PELOSI, Sincerely, tion (APHA), Amnesty International,
Speaker, House of Representatives, THERESA ROHR-KIRCHGRABER, MD, Bishops United Against Gun Violence,
Washington, DC. FACP, FAMWA, Brady, Children’s Defense Fund (CDF), Docs
Hon. MITCH MCCONNELL, Chair, Advocacy Committee AMWA. Demand Action, Doctors for America (DFA),
Minority Leader, U.S. Senate, End Citizens United (ECU), Friends Com-
Washington, DC. MEMBERS OF THE 117TH CONGRESS: We, the mittee on National Legislation (FCNL),
Hon. KEVIN MCCARTHY, undersigned organizations, strongly urge you Major Cities Chiefs Association (MCCA),
Republican Leader, House of Representatives, to cosponsor and quickly pass H.R. 8, the Bi- MomsRising.
Washington, DC. partisan Background Check Act, and S. 529, National Association of Social Workers
DEAR MAJORITY LEADER SCHUMER, LEADER the Background Check Expansion Act, to ex- (NASW), National Education Association
MCCONNELL, SPEAKER PELOSI, AND LEADER pand Brady Background Checks to cover all (NEA), National Network of Public Health
MCCARTHY: We write to you in support of firearm transactions, as well as H.R. 1446, Institutes (NNPHI), National Organization of
H.R. 8/S. 529 the Bipartisan Background the Enhanced Background Checks Act of Black Law, Enforcement Executives
Checks Act. As physicians, we believe that 2021, to close a dangerous gap in law that al- (NOBLE), National PTA, Physicians for So-
gun violence and its associated traumas are lows thousands of prohibited individuals to cial Responsibility (PSR), Public Citizen,
a public health crisis, and that Congress purchase firearms every year. Team Enough, The King Center, This Is Our
must enact meaningful legislation to help Since the Brady Law was enacted in 1994, Lane, Union for Reform Judaism (URJ), U.S.
reduce gun violence in our communities. In more than 3.5 million prohibited firearm Conference of Mayors, VoteVets.
2019, 39,707 people died from gun violence. transactions have been prevented. In 2015
Tragically, the pandemic and resulting eco- alone, an average of 619 individuals per day NATIONAL POLICE FOUNDATION,
nomic fallout may further exacerbate this were deemed by law to be too dangerous to March 5, 2021.
public health crisis. Experts have suggested possess a firearm and were blocked by the Hon. CHUCK SCHUMER,
that the pandemic may drive increases in system. Majority Leader, U.S. Senate,
suicides, domestic violence, and community Background checks are conclusively effec- Washington, DC.
violence in the coming years. Several loop- tive and have saved countless lives. However, Hon. NANCY PELOSI,
holes in federal law—and the background because only federally licensed firearms Speaker, House of Representatives,
check system in particular—are not suffi- dealers are required to conduct these checks, Washington, DC.
cient to prevent individuals who are ineli- an estimated one in five gun sales or trans- Hon. MITCH MCCONNELL,
gible to own a firearm from purchasing one. fers—those conducted by private sellers, in- Minority Leader. U.S. Senate,
The Bipartisan Background Checks Act cluding sales online and at gun shows—are Washington, DC.
would enact universal background checks, completed without a background check. Hon. KEVIN MCCARTHY,
closing these dangerous loopholes by ensur- Without background checks it is almost im- Republican Leader, House of Representatives,
ing that a background check happens on possible to keep guns out of the hands of pro- Washington, DC.
dlhill on DSK120RN23PROD with HOUSE
every firearms sale. hibited individuals or to hold illegal gun DEAR MAJORITY LEADER MCCONNELL, LEAD-
The American Medical Women’s Associa- dealers accountable. ER SCHUMER, SPEAKER PELOSI, AND LEADER
tion has been the voice and vision of women H.R. 8 and S. 529 will make us all safer by MCCARTHY: The National Police Foundation
in medicine since 1915. Time and time again, requiring a background check for virtually is an independent and nonpartisan 501(c)(3)
AMWA, as an organization, stands to de- every firearm sale and transfer. The bills in- organization dedicated to advancing Amer-
crease the burden of gun related fatalities clude narrow, reasonable exceptions like ican policing through science and innova-
and violence. AMWA acknowledges gun vio- transfers among close family members and tion. For many years, the Foundation has
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H1292 CONGRESSIONAL RECORD — HOUSE March 10, 2021
advocated strongly for and continues to sup- sales (3,477 firearm sales) through unlicensed MCCARTHY: On behalf of the American Psy-
port common sense responses to America’s sellers due to indicators on background chological Association (APA), I write to ex-
gun violence problem. Addressing and checks that suggest the guns would poten- press our support of H.R. 8/S. 529 the Bipar-
strengthening our system of background tially be misused, showing that UBC laws tisan Background Checks Act of 2021. This
checks is long overdue and it is my belief have the empirical ability to keep guns from important legislation would address our na-
that H.R. 8/S.B. 529 can address these issues individuals who might misuse them. tion’s gun violence public health crisis by
and is worthy of full consideration. Since 1993, the National Instant Criminal closing pre-existing loopholes that allow for
Since 1993, the National Instant Criminal Background Check System (NICS) has con- unlicensed gun sellers to avoid comprehen-
Background Check System (NICS) has con- ducted firearm background checks on gun sive background checks on firearms sales.
ducted firearm background checks on gun purchasers. Federally licensed dealers must APA is the largest scientific and profes-
purchasers. Federally licensed dealers must run a check through NICS to determine sional organization representing psychology
run a check through NICS to determine whether a potential buyer is prohibited from in the United States with nearly 122,000 re-
whether a potential buyer is prohibited from purchasing firearms. If information in NICS searchers, educators, clinicians, consultants,
purchasing firearms. If information in NICS shows that a person is indeed prohibited, the and students. Our mission is to advance the
shows that a person is indeed prohibited, the dealer must deny the sale.
creation, communication, and application of
dealer must deny the sale. However, there is a loophole in federal law
and no background check is required for psychological knowledge to benefit society
However, there is a loophole in federal law and improve people’s lives. APA advocates
and no background check is required for sales at gun shows, through online market-
places, or between private individuals. Indi- for a public health approach to gun violence
sales at gun shows, through online market-
viduals who would otherwise be prohibited prevention, supporting evidence-based pro-
places, or between private individuals. Indi-
from purchasing or possessing a gun can eas- grams and policies that can reduce the oc-
viduals who would otherwise be prohibited
ily buy guns through such unregulated sales. currence and impact of firearm-related vio-
from purchasing or possessing a gun can eas-
And the frequency of these unregulated sales lence in the United States.
ily buy guns through such unregulated sales.
is concerning: recent studies indicate that Research demonstrates almost 80% of all
And the frequency of these unregulated sales
approximately 22 percent of firearms are pur- firearms acquired for criminal purposes are
is concerning: recent studies indicate that
chased without a background check, and up obtained through transfers from unlicensed
approximately 22 percent of firearms are pur-
to 80% of firearms used in crimes are ob- sellers and 96% of persons incarcerated for
chased without a background check, and up
tained without a background check. gun offenses who were already prohibited
to 80 of firearms used in crimes are obtained
H.R. 8/S. 529 the Bipartisan Background from possessing a firearm at the time of the
without a background check.
H.R. 8/S.B. 529 the Bipartisan Background Checks Act/Background Check Expansion offense obtained their firearm from an unli-
Checks Act/Background Check Expansion Act would require a background check on censed seller. Moreover, states that only re-
Act would require a background check on every sale, ensuring that people prohibited quire background checks on sales through
every sale, ensuring that people prohibited from purchasing firearms cannot exploit federally licensed firearms dealers showed
from purchasing firearms cannot exploit loopholes and purchase guns through an un- higher rates of adolescents who carry guns
loopholes and purchase guns through an un- regulated sale at a gun show, online, or from than states that require universal back-
regulated sale at a gun show, online, or from an unlicensed seller. In addition, individuals ground checks on all prospective gun buyers.
an unlicensed seller. In addition, individuals would no longer be able to cross state lines Thank you for your work to prevent gun
would no longer be able to cross state lines solely to purchase a firearm in a state with violence tragedies.
less stringent background checks. Closing Sincerely,
solely to purchase a firearm in a state with
these background check loopholes is critical BRIAN D. SMEDLEY, PH.D.,
less stringent background checks. Closing
to reducing gun violence throughout the Chief of Psychology in the Public Interest,
these background check loopholes is critical
United States. American Psychological Association.
to reducing gun violence throughout the Additionally, H.R. 1446/S. 529 the Enhanced
United States. Background Checks Act/ Background Check
The women and men serving on America’s AMERICAN COLLEGE OF PHYSICIANS,
Completion Act would provide the FBI more March 4, 2021.
front lines deserve the support that these
time to complete background checks and en- Hon. MICHAEL THOMPSON,
bills will provide. Beyond data and research,
sure that people prohibited from possessing House of Representatives,
common sense tells us that the solutions of-
firearms are not able to obtain them by de- Washington, DC.
fered in H.R. 8/S.B. 529 are needed and will
fault because of an incomplete background DEAR REP. THOMPSON: On behalf of the
make a difference. We urge you to pass H.R. check. This deadly loophole in existing law
8/S.B. 529 the Bipartisan Background Checks American College of Physicians (ACP), I am
was exploited by a white supremacist who writing to offer our strong support for the
Act /Background Check Expansion Act, as killed nine people at the Mother Emanuel
soon as possible. Bipartisan Background Checks Act of 2021
AME Church in Charleston, South Carolina. (H.R. 8), legislation introduced in the 117th
Sincerely, H.R. 8 will save lives through increased
JAMES H. BURCH, II, Congress to expand and enhance the Na-
background checks for unlicensed sales in
President. tional Instant Criminal Background Check
the United States. Our organization’s first-
System (NICS). We applaud your continued
hand experience with gun violence in our
MARCH 4, 2021. efforts to reduce firearms-related violence
youths brings a grave brevity to our support
Hon. CHUCK SCHUMER, of H.R. 8. March For Our Lives was forged to through common sense legislation. As an or-
Majority Leader, U.S. Senate, call for action against the violence that has ganization representing physicians who have
Washington, DC. plagued our nation. We call on you now to first-hand experience with the devastating
Hon. NANCY PELOSI, pass these bills to protect millions of student impact on the health of their patients result-
Speaker, House of Representatives, lives across the United States. ing from firearms-related injuries and
Washington, DC. We urge you to pass H.R. 8/S. 529 the Bipar- deaths, we have a responsibility to be part of
Hon. MITCH MCCONNELL, tisan Background Checks Act/Background the solution in trying to mitigate firearms-
Minority Leader, U.S. Senate, Check Expansion Act and H.R. 1446/S. 529 the related tragedies. We stand ready to work
Washington, DC. Enhanced Background Checks Act/Back- with you to advance this important legisla-
Hon. KEVIN MCCARTHY, ground Check Completion Act, as soon as tion.
Republican Leader, House of Representatives, possible. The American College of Physicians is the
Washington, DC. Sincerely, largest medical specialty organization and
DEAR MAJORITY LEADER SCHUMER, LEADER MARCH FOR OUR LIVES COLORADO. the second-largest physician membership so-
MCCONNELL, SPEAKER PELOSI, AND LEADER ciety in the United States. ACP members in-
MCCARTHY: March for Our Lives Colorado AMERICAN PSYCHOLOGICAL clude 163,000 internal medicine physicians
(MFOL CO) has been pushing for common- ASSOCIATION SERVICES, INC., (internists), related subspecialists, and med-
sense gun laws for our state since 2019. March 8, 2021. ical students. Internal medicine physicians
MFOL CO’s mission is to prevent gun vio- Hon. CHUCK SCHUMER, are specialists who apply scientific knowl-
lence in Colorado by engaging youth in the Majority Leader, U.S. Senate, edge and clinical expertise to the diagnosis,
legislative process to further safety meas- Washington, DC. treatment, and compassionate care of adults
ures to protect ourselves and our fellow Hon. NANCY PELOSI, across the spectrum from health to complex
classmates. As such, we strongly endorse Speaker, House of Representatives, illness.
H.R. 8 for its potential to prevent gun-re- Washington, DC. We remain alarmed by the tragic toll of
lated violence. In 2013, Colorado passed Hon. MITCH MCCONNELL, firearms violence in our neighborhoods,
dlhill on DSK120RN23PROD with HOUSE
House Bill 13–1229, resulting in the passage of Minority Leader, U.S. Senate, homes, workplaces, and public spaces.
universal background checks for firearm Washington, DC. Deaths and injuries from firearms are not
sales through unlicensed sellers in response Hon. KEVIN MCCARTHY, just a result of mass shootings, they are a
to devastating events of gun violence in both Republican Leader, House of Representatives, daily occurrence; in 2019, 39,707 Americans
Colorado and across the nation. According to Washington, DC. lost their lives to firearms, according to the
the Colorado Bureau of Investigation, 2019 DEAR MAJORITY LEADER SCHUMER, LEADER Centers for Disease Control and Prevention.
alone resulted in the rejection of 2.11% of MCCONNELL, SPEAKER PELOSI, AND LEADER This issue represents an urgent public health
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1293
crisis and now is the time to act, on a bipar- abiding citizens to lose more of their Mr. Speaker, I rise in strong support of H.R.
tisan basis, on measures to improve the safe- Second Amendment rights. 8, the ‘‘Bipartisan Background Checks Act of
ty of all Americans. We shouldn’t be focused here in Con- 2021’’ and H.R. 1446, the ‘‘Enhanced Back-
The Bipartisan Background Checks Act
would strengthen the accuracy and reporting
gress in taking those rights away. We ground Check Act of 2021,’’ which would
of the National Instant Criminal Background actually should be strengthening the make it illegal for any person who is not a li-
Check System (NICS) as well as expand enforcement of laws we already have to censed firearm importer, manufacturer, or
Brady background checks to cover all fire- make our communities safer. dealer to transfer a firearm to any other per-
arm sales, including unlicensed firearms sell- I stand with the Constitution and son who is not so licensed without a back-
ers currently not required to use background urge my colleagues to vote against ground check.
checks. Examples of gun sales not requiring H.R. 8. A 2013 study found that approximately 80
background checks through NICS include Mr. NADLER. Mr. Speaker, the fact percent of all firearms acquired for criminal
those at gun shows, through the internet,
is that 160 families every day buy guns. purposes were obtained from sources who
and between private individuals or classified
ads. With some exceptions, the legislation All this bill does is to say that people were not required to run a background check,
would expand background checks to cover all who obtain guns from unlicensed deal- and that 96 percent of inmates who were not
private and commercial firearm transfers ers, as well as licensed dealers, must be prohibited from possessing a firearm at the
and sales. In addition, because gun sellers subject to the background check, and time they committed their crime obtained their
would now be required to perform back- that will save a heck of a lot of lives. gun this way.
ground checks for all sales and transfers, gun Mr. Speaker, I yield 2 minutes to the This loophole exists largely because unli-
purchasers would no longer be able to cross distinguished gentlewoman from Texas censed sellers need not conduct any back-
state lines to buy firearms in a state with (Ms. JACKSON LEE). ground check under current law, even if the
less rigorous background check laws.
In conclusion, for more than 20 years, we Ms. JACKSON LEE. Mr. Speaker, I seller sells a large number of guns.
ACP has urged the adoption of policies to re- thank the gentleman for yielding. Under H.R. 8, the ‘‘Bipartisan Background
duce deaths and injuries related to firearms You know, our friends on the other Checks Act of 2021,’’ individuals seeking to
violence. A brief summary of ACP’s updated side of the aisle are deadly wrong. That transfer a firearm under this measure would
position paper on this issue can be found is the tragedy of their argument, be- be required to visit a licensed firearms dealer
here. We remain committed to this endeavor cause the Second Amendment does not to run the necessary background check before
and we call on Congress to pass H.R. 8 as a prohibit regulation. It never did. And the transfer could be finalized.
necessary first step in addressing the public our Founding Fathers regulated guns H.R. 8 is intended to provide an accurate
health crisis created by firearms violence.
Sincerely,
as early as the beginning of this Na- and speedy manner to ensure firearms do not
JACQUELINE W. FINCHER, MD, MACP, tion. end up in the wrong hands.
President. And so I rise in support of H.R. 8, and An internal assessment by the Federal Bu-
Mr. THOMPSON of California. On indicate while the COVID–19 pandemic reau of Investigation (FBI) demonstrated that
this bill we have coauthors who are dominated news headlines in 2020, the NICS background checks are approximately
Democrats and Republicans, cops, number of shootings surged in many 99.3 percent to 99.8 percent accurate, and in
hunters, gun owners, district attor- communities across America. 90 percent of cases, are processed within 90
neys, a former FBI agent, and veterans, Our public health and emergency re- seconds.
who have served in combat and put sources have been straining to recover I am particularly pleased that the rule re-
their lives on the line to protect our from the coronavirus, and budgets are ported by Rules Committee makes in order
Second Amendment. crunched nationwide, and, as well, gun Jackson Lee Amendment No. 12 to H.R. 8,
There is bipartisan support for uni- violence is rising. It is important to which makes clear that a gun owner who real-
versal background checks in Congress note because approximately 80 percent izes that he or she is at risk of suicide may
and near universal support for back- of firearms used for criminal purposes transfer the gun to someone else, if the risk is
ground checks from the American peo- are obtained without a background imminent, without a background check to pre-
ple. check. vent self-harm.
I urge my colleagues to vote ‘‘yes’’ We must strengthen our firearms The Jackson Lee Amendment will help en-
on H.R. 8. background checks and close dangerous sure that no person who is experiencing a sui-
Mr. JORDAN. Mr. Speaker, I yield 11⁄2 gaps, such as the online sale and gun cidal crisis will feel compelled to retain their
minutes to the gentleman from Geor- show loopholes. gun when it would be better for them to tem-
gia (Mr. HICE). In the data that we were able to se- porarily transfer it to someone else.
Mr. HICE of Georgia. Mr. Speaker, I cure, there was nearly one mass shoot- Mr. Speaker, the American people are de-
thank my good friend from Ohio for ing per day in the United States: 355 manding effective action to reduce, if not pre-
yielding. mass shootings in 2018. We realize that vent altogether, the countless mass shootings
Look, bottom line is, we all know since December 2012 there have been at and gun violence in our country that continue
that by definition criminals don’t abide least 1,518 mass shootings with at least to claim so many innocent lives.
by the law. And that applies also when 1,715 people killed. Newly released data from the Centers for
they are purchasing firearms. Nothing Each day an average of 92 Americans Disease Control (CDC) and Prevention found
in this bill prohibits this type of indi- are victims of gun violence, resulting firearm-related deaths rose for the second-
vidual from obtaining firearms. in more than 33,000 deaths. And I won- straight year in 2016, largely due to spikes in
In fact, the majority of individuals in der why our friends could not feel the gun violence.
prison for committing crimes with fire- pain of the loss of guns being trans- In 2016, the new CDC report on preliminary
arms obtain their firearms through ferred illegally or improperly? mortality data shows that there were more
theft, the underground market, family I was here for Columbine. That hap- than 38,000 gun-related deaths in the U.S.—
members, and the like. pened on April 20, 1999. High school stu- 4,000 more than 2015.
But what this bill does is threaten dents losing their lives. I was here An Associated Press analysis of FBI data
everyday American citizens with up to when babies were killed in Newtown, shows there were about 11,000 gun-related
a year in prison and a $100,000 fine for Connecticut, on December 12, 2012. I homicides in 2016, up from 9,600 in 2015.
exercising their Second Amendment was here in the United States Congress Congress must act to keep our country safe
right in doing common practices. each moment we tried to pass sensible through gun safety and violence deterrence.
To say that this does not create a na- gun legislation like H.R. 8. There is nearly one mass shooting per day
tional gun registry, you cannot accom- Mr. Speaker, I thank Chairman in the United States—355 mass shootings in
plish what is in this bill without a gun THOMPSON for his leadership and Chair- 2018.
registry. man NADLER. In December 2012, a gunman walked into
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The reality is universal background On February 14, 2018 I was here for Sandy Hook Elementary School in Newtown,
checks do not stop mass shootings. We Parkland and looked at these photo- Connecticut, and killed 20 children, 6 adults,
do not have mass shootings because of graphs. And as well I was here on May and himself.
lack of background checks. This bill 18 when in San Jose, Texas, people Since December 2012, there have been at
will not make our communities safer. died. It is time to pass H.R. 8. Stop see- least 1,518 mass shootings, with at least
In fact, what it will do is cause law- ing our children die. 1,715 people killed and 6,089 wounded.
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H1294 CONGRESSIONAL RECORD — HOUSE March 10, 2021
On the night of October 1, 2017, a gunman In this last week I received over 1,000 This bill says we don’t have to live
opened fire on a large crowd of concertgoers emails from constituents in strong op- that way anymore. The right to come
at the Route 91 Harvest music festival on the position to these antigun bills. Here is home alive is greater than any right
Las Vegas Strip, leaving 58 people dead and a sample: that is being put forward by the other
527 injured. ‘‘H.R. 8 will make it impossible to side.
And on November 5, 2017, a mass shooting sell or loan guns to my relatives and Mr. JORDAN. Mr. Speaker, I yield 11⁄2
occurred at the First Baptist Church in Suther- trusted friends.’’ minutes to the gentleman from Texas
land Springs, Texas, where the gunman, 26- ‘‘These bills appear designed to im- (Mr. GOHMERT).
year-old Devin Patrick Kelley, killed 26 and in- pose restrictions on natural rights Mr. GOHMERT. Mr. Speaker, we
jured 20 others. guaranteed by the U.S. Constitution.’’ have been told that 90 percent of Amer-
Every day, on average, 92 Americans are And finally, ‘‘Stand for our rights icans support this bill. Well, that is be-
victims of gun violence, resulting in more than and oppose these measures with every cause 99.99 percent of Americans have
33,000 deaths annually. tool in your grasp.’’ not read this bill.
States with higher gun ownership rates have I absolutely will fight these measures And we are told, yet again, that this
higher gun murder rates—as much as 114 with every tool in my grasp. These will save lives. And, yet, there is not
percent higher than other States. rights protect my life, liberty, and one single mass killing that has been
A recent study by the Centers for Disease property granted to me by God and brought up here today that would have
Control and Prevention, looking at 30 years of cannot be taken away from me by D.C. been prevented by this bill.
homicide data, found that for every 1 percent bureaucrats. And yet over and over we have people
increase in a State’s gun ownership rate, there I grew up in the Deep South at a time come in here, usually they mean well;
is a nearly 1 percent increase in its firearm when Black Americans were unable to look, this will protect people when the
homicide rate. defend themselves. After the Civil War, fact is that they can’t point to any of
Gun death rates are generally lower in Black Codes and Jim Crow laws prohib- these mass killings they talk about
States with restrictions such as safe storage ited people of color from owning fire- that would have been prevented.
requirements or assault weapons bans. arms. So let’s talk about lives that would
Mass shootings stopped by armed civilians In the mid-1950s, Martin Luther King, be saved. Think about the people that
in the past 33 years: 0. Jr., kept firearms for self-protection, are shot every day and would their sit-
Because more than 75 percent of the weap- but his application for a concealed uation be different if they were not
ons used in mass shootings between 1982 weapon permit was denied because of finding it so difficult to legally get a
and 2012 were obtained legally, stronger leg- racist gun control laws in his State. gun?
As a child, my dad witnessed an al- I mean, we had thousands of felony
islation is needed to prevent guns from getting
tercation between his father and a cases that came through my court, and
into the wrong hands.
southern White man who thought my we tried a lot of those cases. Over and
Mr. Speaker, enhancing the gun transfer
grandfather was being disrespectful over you hear, the criminals are not
background check system has consistently
and threatened to teach him a lesson. obeying the law. They are not going to
garnered broad public support, as high as 92
Later that night he drove up to my follow the law. They got their guns il-
percent, because the American people know
grandfather’s home with a bunch of his legally. And this will not change at all
that the status quo is simply intolerable and any of those people we tried and con-
action must be taken to reduce gun violence friends standing on the forerunner of a
Model T Ford. victed for getting guns. They steal
by keeping dangerous persons from obtaining them. They buy them from other peo-
deadly weapons. My grandfather was prepared. He and
his brothers had hidden around his ple that stole them. They don’t obey
That begins with passing H.R. 8, the Bipar-
front porch. As these bullies and cow- the law. That is why they are crimi-
tisan Background Checks Act of 2021,’’ and nals. So quit penalizing the American
H.R. 1446, the ‘‘Enhanced Background Check ards approached the house, they heard
the click of rifles and left just as fast people.
Act of 2021,’’ and I urge all members to join Mr. NADLER. Mr. Speaker, I yield 1
me in voting for its passage. as they came.
Without ever firing his gun on an- minute to the distinguished gentleman
Mr. Speaker, I rise in strong support of H.R. from Maryland (Mr. RASKIN).
8, the ‘‘Bipartisan Background Checks Act of other human being, my grandfather’s
Mr. RASKIN. Mr. Speaker, Ameri-
2021,’’ and urge its quick adoption. right to own a firearm ensured his
cans are 25 more times more likely to
While the COVID–19 pandemic dominated rights to protect his life, liberty, and
die from gun violence than people who
news headlines in 2020, the number of shoot- property.
live in other developed countries, and
ings surged in many communities across I urge my colleagues to vote against
on that point our perpetually outraged
America. these anti-Second Amendment bills.
Mr. NADLER. Mr. Speaker, I yield 1 and indignant colleagues have abso-
Our public health and emergency resources lutely nothing to say.
have been straining to respond to the minute to the distinguished gentleman
We lose 38,000 people a year, more
coronavirus crisis. Budgets are being from California (Mr. SWALWELL).
Mr. SWALWELL. Mr. Speaker, I than 100 people a day. From Newtown,
crunched nationwide. Across the country, cit- Connecticut, to El Paso, Texas, gun vi-
ies and states are struggling to find the re- thank Mr. THOMPSON for this legisla-
tion because it takes the most dan- olence is ripping the heart out of our
sources to simultaneously address the pan- social contract, making life for more
demic and rising rates of gun violence. gerous weapons out of the hands of the
Americans nasty, poor, solitary, brut-
We must take the steps that we know will most dangerous people.
I have heard from my colleagues on ish; in short, a Hobbesian state of war.
make us safer. H.R. 8 will close three gaping loop-
Because approximately 80 percent of fire- the other side of the aisle about rights.
holes in the law; the gun shows loop-
arms used for criminal purposes are obtained Let’s talk about some other rights in
hole, the internet loophole, and the pri-
without a background check, we must this country, like the right to pray in
vate sale loophole, cutting down pre-
strengthen our firearms background check church, the right to dance at a party,
cisely on the traffic in illegal guns,
system and close dangerous gaps, such as the right to come home from a concert,
which our colleagues cite as the source
the online sale and gun show loopholes. the right to come back home safely and
of criminal gun violence.
Reducing gun violence starts with making alive. Those are rights that matter, In opposing the American Rescue
sure that individuals who may not lawfully pos- too. Plan, they voted against science. In op-
sess guns do not get their hands on them. And I am for this because I think posing H.R. 1, they voted against de-
Our citizens overwhelmingly support this about a mother who told me a couple mocracy. And now in opposing H.R. 8,
measure, and it is critical we pass it today and years ago to keep fighting on this issue they are voting against public safety
enact it into law. because every day when she puts her and the social contract itself. What a
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Mr. JORDAN. Mr. Speaker, I yield 11⁄2 children in the car and sends them off moral collapse for a once-great party.
minutes to the gentleman from Utah to school, before they get out the car,
(Mr. OWENS). she closes her eyes to remember what b 1445
Mr. OWENS. Mr. Speaker, I rise they were wearing because she was Mr. JORDAN. Mr. Speaker, I yield 11⁄2
today in opposition to H.R. 8 and H.R. afraid that one day she may have to minutes to the gentleman from Ari-
1446. identify them. zona (Mr. BIGGS).
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1295
Mr. BIGGS. Mr. Speaker, I thank the Mr. MCCLINTOCK. Mr. Speaker, H.R. believed, because we trusted the people
gentleman for yielding. 8 is brought to us by the same organi- who we voted for. But just as with
Mr. Speaker, the last 2 weeks, the zations and politicians who have made most things in life, I grew up and
majority has attacked the First no secret of their intention ultimately learned that there is a better way to
Amendment, and now they are attack- to strip law-abiding citizens of their live. I was ignorant to firearms and the
ing the Second Amendment. right to defend themselves. Now, they proper use of them.
H.R. 8 will not save lives. As Justice know they can’t do it outright, so they Mr. Speaker, when I became a busi-
Scalia noted in his decision in Heller, do it through cynical measures like ness owner, I needed to protect myself.
the Second Amendment does not give this, which weave a web of laws so in- There was an altercation outside of my
Americans a right; it protects a pre- tricate that, sooner or later, everyone restaurant, where a man was phys-
existing right, and that right shall not can be caught up in them. ically beat to death. There were no
be infringed. This law affects not only sales but weapons involved. He was beaten to
H.R. 8 would not have prevented re- any transfer of a weapon for any period death by another man’s hands.
cent shootings. In Parkland, the shoot- of time. A couple of years ago, a 10- I have a lot of young girls who work
er acquired the firearm legally from an year study by Johns Hopkins and UC in my restaurant, and we needed an
FFL after undergoing a NICS check. Davis concluded that California’s back- equalizer. I am 5 feet tall. I weigh bare-
The same thing in Sutherland Springs, ground check law had no effect on gun ly 100 pounds. I need something against
Texas; the same in Las Vegas, Nevada; homicides or suicides. None. a stronger potential aggressor to de-
and the same in Orlando. I could go on The purpose of this bill is not public fend myself with.
because the list would produce the safety. That is its deceptive facade. Its Talk about women’s rights. Don’t
same result. They got their guns after purpose is to make gun ownership so take my right away to protect myself.
a background check, including in El legally hazardous, so fraught with legal I mean, seriously, what are we doing
Paso. boobytraps and draconian penalties, here? I ask the supporters of this legis-
Criminals who seek to do harm get lation, who do you think you are to
that no honest and law-abiding citizen
guns regardless of the new restrictions
would ever want to take the risk. disarm Americans and leave them vul-
imposed by H.R. 8. And with very lim-
Most criminals already get their nerable without help?
ited exceptions, H.R. 8 makes it illegal You want to defund our police and
guns illegally. They are unconstrained
for Americans to get a gun if a non-
by laws like this. This bill is aimed yet leave us without a way to protect
licensed importer, manufacturer, or
squarely at law-abiding citizens, mov- ourselves.
dealer is not involved. How will the Our Founding Fathers gave us a list
ing us closer to a society where decent
government know if an illegal transfer
people are defenseless and armed crimi- of items. They said don’t touch these
occurs? Without a registry, this bill is
nals are kings. things. And I am telling you, keep your
unenforceable.
Mr. NADLER. Mr. Speaker, I yield 1 hands off of our Second Amendment.
Mr. Speaker, I have heard supporters
minute to the distinguished gentle- The SPEAKER pro tempore (Mr.
of this bill say that other countries
woman from Georgia (Mrs. MCBATH). BUTTERFIELD). Members are reminded
have similar restrictions so we should,
Mrs. MCBATH. Mr. Speaker, 2 years to address their remarks to the Chair.
too. I counter with the fact that other
ago, I came to Congress, and one of my Mr. NADLER. Mr. Speaker, I yield 1
countries do not have the Second
first actions as a Member was cospon- minute to the distinguished gentle-
Amendment. The Second Amendment
soring this bipartisan legislation that woman from Pennsylvania (Ms. DEAN).
was included to ensure that the United Ms. DEAN. Mr. Speaker, I thank the
will save lives.
States would be different than other chairman for yielding.
Mr. Speaker, I know the pain of gun
countries. Mr. Speaker, I am assuming our col-
Mr. Speaker, I oppose this bill, and I violence firsthand. Eight years ago, I
lost my son, Jordan, a victim of a gun league on the other side of the aisle
urge my colleagues to do the same.
Mr. NADLER. Mr. Speaker, I yield 1 in the wrong hands. can pass a background check, so she
minute to the distinguished gentle- With this legislation, we empower will have no inability to have a gun.
woman from Washington (Ms. law enforcement to keep guns from Mr. Speaker, I rise in support of H.R.
JAYAPAL). those who might do harm by simply re- 8, the Bipartisan Background Checks
Ms. JAYAPAL. Mr. Speaker, I rise in quiring a background check whenever a Act, because even as we manage a
strong support of H.R. 8, the Bipartisan gun is sold. This is commonsense legis- deadly pandemic, gun violence con-
Background Checks Act. This bill is lation that will prevent more families tinues to plague our Nation.
among the most commonsense gun vio- from knowing the pain of losing a loved Every year, more than 130,000 people
lence prevention reforms, requiring one to gun violence. in this Nation are victims of gun vio-
background checks for unlicensed sell- Just like 2 years ago, our vote today lence. Some 38,000 dead, another 100,000
ers. is a beginning, and it is definitely not caught in the crossfire. In my home re-
Mr. Speaker, this is not complicated. the end. In again passing this common- gion in Philadelphia, 2,244 people were
This is simple. Under H.R. 8, people sense bipartisan legislation, we call on victims of gun violence in the year
who wish to transfer a firearm would our colleagues in the Senate to do what 2020.
have to visit a licensed firearm dealer is right to keep America’s families Mr. Speaker, death by guns doesn’t
to run a background check before the safe. mean only murders. Sadly, it also
transfer could be finalized. Mr. Speaker, I am proud once again means death by suicide using a fire-
Most of these checks take 90 seconds, to stand in support of this legislation arm, which was the case in 62 percent
90 seconds to prevent firearms from as a survivor of gun violence myself. of Pennsylvania’s gun deaths last year.
ending up in the wrong hands, 90 sec- Mr. Speaker, Congress refusing to This is a public health crisis.
onds to prevent more of our loved ones pass this vital legislation would be The Bipartisan Background Checks
from being killed by gun violence. America’s shame and burden for gen- Act requires a background check for all
I am proud to be from Washington erations to come. gun sales, no loopholes, no backdoors,
State, where voters have consistently Mr. JORDAN. Mr. Speaker, I yield 11⁄2 a commonsense solution supported by a
tackled gun violence with common- minutes to the gentlewoman from Col- majority of Americans, including 89
sense reforms, passing one of the first, orado (Mrs. BOEBERT), the co-chair of percent of Republicans and 87 percent
most comprehensive background check the Second Amendment Caucus. of gun owners.
laws in 2014 and raising the legal age to Mrs. BOEBERT. Mr. Speaker, I thank Mr. Speaker, let’s find the courage to
purchase a semiautomatic rifle to 21 in the ranking member, JIM JORDAN, for address the crisis. Let’s save lives.
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2018. yielding. Let’s pass the bill.
Mr. Speaker, let’s do this. To save Mr. Speaker, I was raised in a Demo- Mr. JORDAN. Mr. Speaker, the pre-
lives, vote ‘‘aye.’’ crat home, so I understand how these vious speaker talked about the in-
Mr. JORDAN. Mr. Speaker, I yield 11⁄2 policies are deceiving. I understand crease in violent crime in her neighbor-
minutes to the gentleman from Cali- that we are told guns are scary. That is hood last year. Maybe if Democrats ac-
fornia (Mr. MCCLINTOCK). what we were told, and that is what we tively supported our police and not
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H1296 CONGRESSIONAL RECORD — HOUSE March 10, 2021
supported defund the police, maybe One way we can do that is by ensur- to another without a Federal firearms
that wouldn’t be the case. ing that ICE is notified when unlawful licensee overseeing the transfer and
Mr. Speaker, I yield 11⁄2 minutes to aliens attempt to purchase a firearm conducting a background check on the
the gentlewoman from Arizona (Mrs. illegally. The FBI reported just last prospective buyer. While there are lim-
LESKO). month that NICS had over 10 million ited exceptions to this bill, in this bill
Mrs. LESKO. Mr. Speaker, I thank people listed as an illegal alien. In fact, it does nothing to address how violent
the gentleman, Mr. JORDAN, for yield- this ranks as the number one prohib- criminals actually obtain firearms, nor
ing. Mr. Speaker, I rise in opposition to ited category in the FBI’s NICS Indi- does the bill make it harder for them
this bill. ces. to obtain a firearm. That is because
H.R. 8 is an assault on our Second Since 1998, over 28,000 illegal aliens criminals don’t follow the law. That is
Amendment right to keep and bear have been denied a firearm after failing why they are called criminals.
arms. The bill turns law-abiding citi- a NICS check. With over 2,700 in 2019 So by making these types of changes
zens into criminals by subjecting them alone, this means over 28,000 criminals to the law, the bill does nothing to pro-
to criminal penalties for simply lend- have been allowed to stay in the United hibit guns from ending up in the hands
ing a friend or a neighbor a gun on a States when ICE should have been of criminals. Instead, it does every-
temporary basis. alerted about their criminal act but thing possible to make it harder for
Additionally, the bill would inevi- were not. law-abiding citizens to exercise their
tably lead to a national gun registry Mr. Speaker, H.R. 8 fails to do any- Second Amendment rights.
because, without a registry, the gov- thing to prevent crime, which is why I Mr. Speaker, I urge a ‘‘no’’ vote on
ernment has no way to implement this am offering this motion to recommit, H.R. 8.
legislation. This bill is certainly a slip- so our Nation’s laws are enforced. And Mr. NADLER. Mr. Speaker, I yield 1
pery slope. if you will recall, this MTR passed in minute to the gentlewoman from Mas-
Most alarmingly, this bill does noth- 2019 with a strong bipartisan majority. sachusetts (Mrs. TRAHAN).
ing, absolutely nothing, to stop crimi- Mr. Speaker, if we adopt the motion Mrs. TRAHAN. Mr. Speaker, there is
nals from obtaining firearms. Accord- to recommit, we will instruct the Com- a rampaging public health emergency
ing to the Department of Justice, less mittee on the Judiciary to consider my that has been with us for far too long.
than 1 percent of criminals in prison amendment to H.R. 8 to ensure that And there have been countless chilling
who possessed a firearm during their the FBI alerts ICE anytime an illegal examples of what happens when we fail
offense obtained the firearm from a li- alien is denied a firearm because of to act, or only take half measures, ano-
censed dealer, meaning criminals NICS. dyne placebos. Each time, more lives
would still have access to firearms Mr. Speaker, I ask unanimous con- are lost.
under this law. sent to insert the text of my amend- Moreover, we have seen a particular
Mr. Speaker, this bill is just the first ment in the RECORD immediately prior community unjustly suffer scorn for
of many steps to take away our Second to the vote on the motion to recommit. this emergency. They have been
Amendment rights. I urge my col- The SPEAKER pro tempore. Is there scapegoated rather than recognized as
leagues to vote against this bill. objection to the request of the gen- the fellow victims of this crisis. But
Mr. NADLER. Mr. Speaker, I yield 1 tleman from Virginia? there is no question that the harms of
minute to the distinguished gentleman There was no objection. this crisis haven’t fallen evenly, and
from Colorado (Mr. NEGUSE). Mr. NADLER. Mr. Speaker, I yield 1 the disparate harm offers all the more
Mr. NEGUSE. Mr. Speaker, I thank minute to the distinguished gentle- reason for actual solutions, not mere
the chair for yielding. woman from Massachusetts (Ms. talk. By now, my colleagues know that
Mr. Speaker, I rise today for the CLARK). I am not talking about COVID. I am re-
more than 100,000 Americans who every Ms. CLARK of Massachusetts. Mr. ferring to gun violence.
year are impacted by gun violence, and Speaker, in 2016, after the tragic Pulse Today, the most commonsense,
I rise today to give voice to the over- nightclub shooting, I, with my col- broadly popular, and impactful thing
whelming majority of the American leagues, sat in protest on this very that we can do is pass H.R. 8, and bol-
people who support universal back- floor with our friend, the late Con- ster our pitifully weak background
ground checks. gressman John Lewis. On that day, check system in the United States.
Communities in Colorado have expe- Congressman Lewis told us: ‘‘We have Keeping deadly weapons out of the
rienced the tragedy and the grief of turned deaf ears to the blood of the in- hands of those fueled by hate is as com-
gun violence far too many times—Col- nocent and the concern of our Nation. mon sense as it gets.
umbine, Aurora, Highlands Ranch. We are blind to a crisis.’’ Mr. Speaker, I urge my colleagues to
Mr. Speaker, enough is enough. We Mr. Speaker, nearly 5 years later, we vote for H.R. 8.
have lost too many parents, friends, have endured thousands of mass shoot- Mr. JORDAN. Mr. Speaker, I yield 11⁄2
neighbors, students, and children to ings. We have mourned the loss of 100 minutes to the gentleman from Texas
gun violence. people every single day to suicide and (Mr. ROY).
This Congress must act, which is why homicide with guns. Mr. ROY. Mr. Speaker, I thank the
I support H.R. 8. We must act on gun Today’s vote will improve the safety gentleman from Ohio for yielding.
violence. We must pass H.R. 8, and we of our schools, our communities, and Mr. Speaker, right now in south
must send it to President Biden’s desk. our streets. It is a vote for kids, par- Texas there are American citizens
Mr. JORDAN. Mr. Speaker, I yield 2 ents, veterans, and our neighbors. I whose lives are in danger because of
minutes to the gentleman from Vir- stand here today thinking of the many wide open borders as a direct result of
ginia (Mr. CLINE). survivors and families who have been Biden’s border crisis and the policies of
Mr. CLINE. Mr. Speaker, enough is waiting for this moment, and I think of the Democratic leadership of this body
enough, which is why I rise in strong my friend, John, who told us to always and the Senate. American citizens are
opposition to H.R. 8 and to offer a mo- speak out for the voiceless and act unsafe. I am not making that up.
tion to recommit the bill. boldly for justice. For the last 2 years, I have heard my
This bill is nothing more than a co- Today, with this bill, we will do just Democratic colleagues talking about a
ordinated effort by the authoritarian that. fake crisis at our border. There is noth-
left to strip away the constitutional ing fake about 100,000 people coming
rights guaranteed to Americans by the b 1500 across our border; or high-speed chases
Second Amendment. Mr. JORDAN. Mr. Speaker, I yield 1 through Uvalde, Texas; or high-speed
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Instead of criminalizing the innocent minute to the gentleman from Georgia chases in Real County, which I rep-
actions of law-abiding gun owners, (Mr. CLYDE). resent. There is nothing fake about
American citizens, we should be fo- Mr. CLYDE. Mr. Speaker, I rise to break-ins putting lives in danger.
cused on stopping real crime in our stand against H.R. 8. People own ranches, and now my
local communities and enforcing the This bill would make it a crime to Democratic colleagues, after defunding
laws that are already on the books. transfer a firearm from one individual the police and opening up our borders,
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1297
want to take away our God-given tims are shot by criminals who have Mr. BUDD. Mr. Speaker, I thank my
right—yes, God-given right—to defend obtained their guns illegally. They did friend from Ohio for yielding.
ourselves under the Second Amend- not apply for permits. They are not a Mr. Speaker, the fundamental truth
ment. That is what this is about. This member of the NRA. They are crimi- is that the Second Amendment guaran-
is about creating a gun registry to nals. These bills would do nothing to tees the right of law-abiding citizens to
track guns of the American people. keep the guns out of their hands. keep and bear arms to protect them-
There is no way to implement what the In all my years as a surgeon, I have selves and their loved ones.
Democrats are trying to implement yet to see a gun jump up by itself and America’s Founders spoke on this
without doing that. injure someone. It is either from a issue extensively. Benjamin Franklin
I can just tell you straight up, Tex- crime, a mental illness, or tragically warned that those who would give up
ans, Americans, the Government is from an accident. Where I live in east- essential liberty to purchase a little
never going to know what weapons I ern North Carolina, it is certainly dif- temporary safety deserve neither lib-
own. Let me be clear about that. It is ferent from New York City, the gun erty nor safety. Benjamin Franklin
not going to happen. We have a God- haven of Chicago, or Oakland, but we was right. The American tradition of
given right to defend our families, de- still have our share of drug-related and self-reliance, self-determination, and
fend our State, and defend ourselves gang-related crime. self-defense has been fierce. It has been
against tyranny; and we will do that On the other hand, we have a lot of what makes this country so excep-
regardless of the errant policies that wilderness that people back home, tional and so great.
this Democratic Congress is trying to adults and children, still enjoy hunt- Today, the House will vote on legisla-
jam through. ing. These law-abiding citizens should tion that would undermine that very
Mr. NADLER. Mr. Speaker, I yield 1 not have their rights trampled upon. right. What is worse is that both of
minute to the distinguished gentle- We are all saddened by the loss of life these bills would not have prevented
woman from Illinois (Ms. KELLY). from mass shootings, but, Mr. Speaker, mass shootings or tragedies across this
Ms. KELLY of Illinois. Mr. Speaker, the issue is not the gun itself, but the Nation. Those are awful events. We all
soon we will take a bipartisan vote on mental illness borne by the gun holder. agree that those events are awful. But
the Background Checks Act, a bill A mentally stable person does not in those cases, the criminal either
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