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H.R. 615, Keeping the Lights On Act of 2021

Summary

H.R. 615 was introduced in the House of Representatives on January 28, 2021 by Mr. Thompson of California (for himself, Mr. Horsford, Mr. Kelly of Pennsylvania, and Mr. Panetta) and referred to the Committee on Ways and Means, and in addition to the Committee on Small Business. It is a bill to provide a payroll credit for certain fixed expenses of employers subject to closure by reason of COVID-19. Section 2 allows an eligible employer a credit against applicable employment taxes for each calendar quarter equal to 50 percent of the qualified fixed expenses paid or incurred during that quarter. The qualified fixed expenses that may be taken into account are limited to the least of listed amounts, including $50,000.

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Issuer
Congressional materials
Document type
Bills Bills 117Hr615Ih Bills 117Hr615Ih
Case
Bills Bills 117Hr615Ih Bills 117Hr615Ih

Cite this document

“H.R. 615, Keeping the Lights On Act of 2021.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr615ih-bills-117hr615ih/, SHA-256 eb29bef988fc5d2de94495345fdac9c869186117474f64afa5cb01dda57e7506.

Full text

                                                                                                                                                                        I




                                                                       117TH CONGRESS
                                                                          1ST SESSION
                                                                                                               H. R. 615
                                                                           To provide a payroll credit for certain fixed expenses of employers subject
                                                                                              to closure by reason of COVID-19.




                                                                                     IN THE HOUSE OF REPRESENTATIVES
                                                                                                      JANUARY 28, 2021
                                                                       Mr. THOMPSON of California (for himself, Mr. HORSFORD, Mr. KELLY of
                                                                           Pennsylvania, and Mr. PANETTA) introduced the following bill; which was
                                                                           referred to the Committee on Ways and Means, and in addition to the
                                                                           Committee on Small Business, for a period to be subsequently determined
                                                                           by the Speaker, in each case for consideration of such provisions as fall
                                                                           within the jurisdiction of the committee concerned




                                                                                                                 A BILL
                                                                             To provide a payroll credit for certain fixed expenses of
                                                                              employers subject to closure by reason of COVID-19.

                                                                         1              Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3     SECTION 1. SHORT TITLE.

                                                                         4              This Act may be cited as the ‘‘Keeping the Lights
                                                                         5 On Act of 2021’’.




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                                                                         1     SEC. 2. PAYROLL CREDIT FOR CERTAIN FIXED EXPENSES

                                                                         2                             OF EMPLOYERS SUBJECT TO CLOSURE BY

                                                                         3                             REASON OF COVID-19.

                                                                         4              (a) IN GENERAL.—In the case of an eligible em-
                                                                         5 ployer, there shall be allowed as a credit against applicable
                                                                         6 employment taxes for each calendar quarter an amount
                                                                         7 equal to 50 percent of the qualified fixed expenses paid
                                                                         8 or incurred by such employer during such calendar quar-
                                                                         9 ter.
                                                                       10               (b) LIMITATIONS AND REFUNDABILITY.—
                                                                       11                         (1) LIMITATION.—The qualified fixed expenses
                                                                       12               which may be taken into account under subsection
                                                                       13               (a) by any eligible employer for any calendar quarter
                                                                       14               shall not exceed the least of—
                                                                       15                                  (A) the qualified fixed expenses paid by the
                                                                       16                         eligible employer in the same calendar quarter
                                                                       17                         of calendar year 2019,
                                                                       18                                  (B) $50,000; or
                                                                       19                                  (C) the greater of—
                                                                       20                                         (i) 25 percent of the wages paid with
                                                                       21                                  respect to the employment of all the em-
                                                                       22                                  ployees of the eligible employer for such
                                                                       23                                  calendar quarter; or
                                                                       24                                         (ii) 6.25 percent of the gross receipts




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                                                                       25                                  of the eligible employer for calendar year
                                                                       26                                  2019.
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                                                                         1                        (2) CREDIT LIMITED TO CERTAIN EMPLOYMENT
                                                                         2              TAXES.—The credit allowed by subsection (a) with

                                                                         3              respect to any calendar quarter shall not exceed the
                                                                         4              applicable employment taxes for such calendar quar-
                                                                         5              ter (reduced by any credits allowed under sub-
                                                                         6              sections (e) and (f) of section 3111 of such Code,
                                                                         7              sections 7001 and 7003 of the Families First
                                                                         8              Coronavirus Response Act, section 2301 of the
                                                                         9              CARES Act, and sections 101, 102, and 304 of this
                                                                       10               division, for such quarter) on the wages paid with
                                                                       11               respect to the employment of all the employees of
                                                                       12               the eligible employer for such calendar quarter.
                                                                       13                         (3) REFUNDABILITY OF EXCESS CREDIT.—
                                                                       14                                  (A) IN GENERAL.—If the amount of the
                                                                       15                         credit under subsection (a) exceeds the limita-
                                                                       16                         tion of paragraph (2) for any calendar quarter,
                                                                       17                         such excess shall be treated as an overpayment
                                                                       18                         that shall be refunded under sections 6402(a)
                                                                       19                         and 6413(b) of the Internal Revenue Code of
                                                                       20                         1986.
                                                                       21                                  (B) TREATMENT OF PAYMENTS.—For pur-
                                                                       22                         poses of section 1324 of title 31, United States
                                                                       23                         Code, any amounts due to an employer under
                                                                       24                         this paragraph shall be treated in the same



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                                                                         1                        manner as a refund due from a credit provision
                                                                         2                        referred to in subsection (b)(2) of such section.
                                                                         3              (c) DEFINITIONS.—For purposes of this section—
                                                                         4                        (1) APPLICABLE                      EMPLOYMENT                  TAXES.—The

                                                                         5              term ‘‘applicable employment taxes’’ means the fol-
                                                                         6              lowing:
                                                                         7                                 (A) The taxes imposed under section
                                                                         8                        3111(a) of the Internal Revenue Code of 1986.
                                                                         9                                 (B) So much of the taxes imposed under
                                                                       10                         section 3221(a) of such Code as are attrib-
                                                                       11                         utable to the rate in effect under section
                                                                       12                         3111(a) of such Code.
                                                                       13                         (2) ELIGIBLE EMPLOYER.—
                                                                       14                                  (A) IN GENERAL.—The term ‘‘eligible em-
                                                                       15                         ployer’’ means any employer—
                                                                       16                                         (i) which was carrying on a trade or
                                                                       17                                  business immediately prior to the suspen-
                                                                       18                                  sion described in clause (iii)(i) or imme-
                                                                       19                                  diately prior to the period described in sub-
                                                                       20                                  paragraph (B);
                                                                       21                                         (ii) which had either—
                                                                       22                                                  (I) not more than 1,500 full-time
                                                                       23                                         equivalent employees (as determined
                                                                       24                                         for purposes of determining whether



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                                                                       25                                         an employer is an applicable large em-


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                                                                         1                                        ployer              for      purposes             of   section
                                                                         2                                        4980H(c)(2) of the Internal Revenue
                                                                         3                                        Code of 1986) for calendar year 2019;
                                                                         4                                        or
                                                                         5                                                 (II) not more than $41,500,000
                                                                         6                                        of gross receipts in the last taxable
                                                                         7                                        year ending in 2019; and
                                                                         8                                        (iii) with respect to any calendar
                                                                         9                                 quarter, for which—
                                                                       10                                                  (I) the operation of the trade or
                                                                       11                                         business described in clause (i) is fully
                                                                       12                                         or partially suspended during the cal-
                                                                       13                                         endar quarter due to orders from an
                                                                       14                                         appropriate governmental authority
                                                                       15                                         limiting commerce, travel, or group
                                                                       16                                         meetings (for commercial, social, reli-
                                                                       17                                         gious, or other purposes) due to the
                                                                       18                                         coronavirus disease 2019 (COVID–
                                                                       19                                         19); or
                                                                       20                                                  (II) such calendar quarter is
                                                                       21                                         within the period described in sub-
                                                                       22                                         paragraph (B).
                                                                       23                                  (B) SIGNIFICANT DECLINE IN GROSS RE-
                                                                       24                         CEIPTS.—The period described in this subpara-




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                                                                       25                         graph is the period—


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                                                                         1                                        (i) beginning with the first calendar
                                                                         2                                 quarter beginning after December 31,
                                                                         3                                 2019, for which gross receipts (within the
                                                                         4                                 meaning of section 448(c) of the Internal
                                                                         5                                 Revenue Code of 1986) for the calendar
                                                                         6                                 quarter are less than 80 percent of gross
                                                                         7                                 receipts for the same calendar quarter in
                                                                         8                                 the prior year; and
                                                                         9                                        (ii) ending with the calendar quarter
                                                                       10                                  following the first calendar quarter begin-
                                                                       11                                  ning after a calendar quarter described in
                                                                       12                                  clause (i) for which gross receipts of such
                                                                       13                                  employer are greater than 80 percent of
                                                                       14                                  gross receipts for the same calendar quar-
                                                                       15                                  ter in the prior year.
                                                                       16                                  (C) TAX-EXEMPT ORGANIZATIONS.—In the
                                                                       17                         case of an organization which is described in
                                                                       18                         section 501(c) of the Internal Revenue Code of
                                                                       19                         1986 and exempt from tax under section 501(a)
                                                                       20                         of such Code—
                                                                       21                                         (i) clauses (i) and (iii)(I) of subpara-
                                                                       22                                  graph (A) shall apply to all operations of
                                                                       23                                  such organization; and
                                                                       24                                         (ii) any reference in this section to



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                                                                       25                                  gross receipts shall be treated as a ref-


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                                                                         1                                 erence to gross receipts within the meaning
                                                                         2                                 of section 6033 of the Internal Revenue
                                                                         3                                 Code of 1986.
                                                                         4                                 (D) PHASE-IN OF CREDIT WHERE BUSI-
                                                                         5                        NESS        NOT        SUSPENDED                 AND       REDUCTION       IN

                                                                         6                        GROSS RECEIPTS LESS THAN 50 PERCENT.—

                                                                         7                                        (i) IN GENERAL.—In the case of any
                                                                         8                                 calendar quarter with respect to which an
                                                                         9                                 eligible employer would not be an eligible
                                                                       10                                  employer if subparagraph (B)(i) were ap-
                                                                       11                                  plied by substituting ‘‘50 percent’’ for ‘‘80
                                                                       12                                  percent’’, the amount of the credit allowed
                                                                       13                                  under subsection (a) shall be reduced by
                                                                       14                                  the amount which bears the same ratio to
                                                                       15                                  the amount of such credit (determined
                                                                       16                                  without regard to this subparagraph) as—
                                                                       17                                                  (I) the excess gross receipts per-
                                                                       18                                         centage point amount; bears to
                                                                       19                                                  (II) 30 percentage points.
                                                                       20                                         (ii) EXCESS                 GROSS RECEIPTS PER-

                                                                       21                                  CENTAGE POINT AMOUNT.—For                                    purposes
                                                                       22                                  of this subparagraph, the term ‘‘excess
                                                                       23                                  gross receipts percentage point amount’’
                                                                       24                                  means, with respect to any calendar quar-



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                                                                       25                                  ter, the excess of—


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                                                                         1                                                 (I) the lowest of the gross re-
                                                                         2                                        ceipts percentage point amounts de-
                                                                         3                                        termined with respect to any calendar
                                                                         4                                        quarter during the period ending with
                                                                         5                                        such calendar quarter and beginning
                                                                         6                                        with the first calendar quarter during
                                                                         7                                        the period described in subparagraph
                                                                         8                                        (B); over
                                                                         9                                                 (II) 50 percentage points.
                                                                       10                                         (iii) GROSS                 RECEIPTS            PERCENTAGE

                                                                       11                                  POINT AMOUNTS.—For                             purposes of this
                                                                       12                                  subparagraph, the term ‘‘gross receipts
                                                                       13                                  percentage point amount’’ means, with re-
                                                                       14                                  spect to any calendar quarter, the percent-
                                                                       15                                  age (expressed as a number of percentage
                                                                       16                                  points) obtained by dividing—
                                                                       17                                                  (I) the gross receipts (within the
                                                                       18                                         meaning of subparagraph (B)) for
                                                                       19                                         such calendar quarter; by
                                                                       20                                                  (II) the gross receipts for the
                                                                       21                                         same calendar quarter in calendar
                                                                       22                                         year 2019.
                                                                       23                         (3) QUALIFIED FIXED EXPENSES.—
                                                                       24                                  (A) IN          GENERAL.—The                     term ‘‘qualified



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                                                                       25                         fixed expenses’’ means the payment or accrual


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                                                                         1                        of any covered mortgage obligation, covered
                                                                         2                        rent obligation, or covered utility payment.
                                                                         3                        Such term shall not include the prepayment of
                                                                         4                        any obligation for a period in excess of a month
                                                                         5                        unless the payment for such period is custom-
                                                                         6                        arily due in advance.
                                                                         7                                 (B) APPLICATION OF DEFINITIONS.—The
                                                                         8                        terms ‘‘covered mortgage obligation’’, ‘‘covered
                                                                         9                        rent obligation’’, and ‘‘covered utility payment’’
                                                                       10                         shall each have the same meaning as when used
                                                                       11                         in section 1106 of the CARES Act.
                                                                       12                         (4) SECRETARY.—The term ‘‘Secretary’’ means
                                                                       13               the Secretary of the Treasury or the Secretary’s del-
                                                                       14               egate.
                                                                       15                         (5) WAGES.—
                                                                       16                                  (A) IN           GENERAL.—The                         term ‘‘wages’’
                                                                       17                         means wages (as defined in section 3121(a) of
                                                                       18                         the Internal Revenue Code of 1986) and com-
                                                                       19                         pensation (as defined in section 3231(e) of such
                                                                       20                         Code). For purposes of the preceding sentence
                                                                       21                         (other than for purposes of subsection (b)(2)),
                                                                       22                         wages as defined in section 3121(a) of such
                                                                       23                         Code shall be determined without regard to
                                                                       24                         paragraphs (1), (8), (10), (13), (18), (19), and



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                                                                       25                         (22) of section 3121(b) of such Code.


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                                                                         1                                 (B) ALLOWANCE FOR CERTAIN HEALTH
                                                                         2                        PLAN EXPENSES.—

                                                                         3                                        (i) IN GENERAL.—Such term shall in-
                                                                         4                                 clude amounts paid or incurred by the eli-
                                                                         5                                 gible employer to provide and maintain a
                                                                         6                                 group health plan (as defined in section
                                                                         7                                 5000(b)(1) of the Internal Revenue Code
                                                                         8                                 of 1986), but only to the extent that such
                                                                         9                                 amounts are excluded from the gross in-
                                                                       10                                  come of employees by reason of section
                                                                       11                                  106(a) of such Code.
                                                                       12                                         (ii) ALLOCATION                      RULES.—For       pur-
                                                                       13                                  poses of this section, amounts treated as
                                                                       14                                  wages under clause (i) shall be treated as
                                                                       15                                  paid with respect to any employee (and
                                                                       16                                  with respect to any period) to the extent
                                                                       17                                  that such amounts are properly allocable to
                                                                       18                                  such employee (and to such period) in such
                                                                       19                                  manner as the Secretary may prescribe.
                                                                       20                                  Except as otherwise provided by the Sec-
                                                                       21                                  retary, such allocation shall be treated as
                                                                       22                                  properly made if made on the basis of
                                                                       23                                  being pro rata among periods of coverage.
                                                                       24                         (6) OTHER TERMS.—Except as otherwise pro-



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                                                                       25               vided in this section, any term used in this section


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                                                                         1              which is also used in chapter 21 or 22 of the Inter-
                                                                         2              nal Revenue Code of 1986 shall have the same
                                                                         3              meaning as when used in such chapter.
                                                                         4              (d) AGGREGATION RULE.—All persons treated as a
                                                                         5 single employer under subsection (a) or (b) of section 52
                                                                         6 of the Internal Revenue Code of 1986, or subsection (m)
                                                                         7 or (o) of section 414 of such Code, shall be treated as
                                                                         8 one employer for purposes of this section.
                                                                         9              (e) DENIAL OF DOUBLE BENEFIT.—For purposes of
                                                                       10 chapter 1 of such Code, the gross income of any eligible
                                                                       11 employer, for the taxable year which includes the last day
                                                                       12 of any calendar quarter with respect to which a credit is
                                                                       13 allowed under this section, shall be increased by the
                                                                       14 amount of such credit.
                                                                       15               (f) CERTAIN GOVERNMENTAL EMPLOYERS.—
                                                                       16                         (1) IN GENERAL.—The credit under this section
                                                                       17               shall not be allowed to the Federal Government, the
                                                                       18               government of any State, of the District of Colum-
                                                                       19               bia, or of any possession of the United States, any
                                                                       20               tribal government, or any political subdivision, agen-
                                                                       21               cy, or instrumentality of any of the foregoing.
                                                                       22                         (2) EXCEPTION.—Paragraph (1) shall not
                                                                       23               apply to any organization described in section
                                                                       24               501(c)(1) of the Internal Revenue Code of 1986 and



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                                                                       25               exempt from tax under section 501(a) of such Code.


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                                                                         1              (g) ELECTION TO NOT TAKE CERTAIN EXPENSES
                                                                         2 INTO ACCOUNT.—
                                                                         3                        (1) IN GENERAL.—If an eligible employer elects
                                                                         4              (at such time and in such manner as the Secretary
                                                                         5              may prescribe) to not take into account any amount
                                                                         6              of qualified fixed expensees for purposes of deter-
                                                                         7              mining the credit under this section, such amount of
                                                                         8              qualified fixed expenses shall not be so taken into
                                                                         9              account.
                                                                       10                         (2) COORDINATION WITH PAYCHECK PROTEC-
                                                                       11               TION         PROGRAM.—The                     Secretary, in consultation
                                                                       12               with the Administrator of the Small Business Ad-
                                                                       13               ministration, shall issue guidance providing that cov-
                                                                       14               ered mortgage obligations, covered rent obligations,
                                                                       15               and covered utility payments paid or incurred during
                                                                       16               the covered period shall not fail to be taken into ac-
                                                                       17               count as qualified fixed expenses for purposes of de-
                                                                       18               termining the credit under this section by reason of
                                                                       19               an election under paragraph (1) to the extent that
                                                                       20               a covered loan of the eligible employer is not for-
                                                                       21               given by reason of a decision under section 1106(g).
                                                                       22               Terms used in the preceding sentence which are also
                                                                       23               used in section 1106 shall have the same meaning
                                                                       24               as when used in such section.



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                                                                         1              (h) TRANSFERS TO CERTAIN TRUST FUNDS.—There
                                                                         2 are hereby appropriated to the Federal Old-Age and Sur-
                                                                         3 vivors Insurance Trust Fund and the Federal Disability
                                                                         4 Insurance Trust Fund established under section 201 of
                                                                         5 the Social Security Act (42 U.S.C. 401) and the Social
                                                                         6 Security Equivalent Benefit Account established under
                                                                         7 section 15A(a) of the Railroad Retirement Act of 1974
                                                                         8 (45 U.S.C. 231n–1(a)) amounts equal to the reduction in
                                                                         9 revenues to the Treasury by reason of this section (without
                                                                       10 regard to this subsection). Amounts appropriated by the
                                                                       11 preceding sentence shall be transferred from the general
                                                                       12 fund at such times and in such manner as to replicate
                                                                       13 to the extent possible the transfers which would have oc-
                                                                       14 curred to such Trust Fund or Account had this section
                                                                       15 not been enacted.
                                                                       16               (i) TREATMENT OF DEPOSITS.—The Secretary shall
                                                                       17 waive any penalty under section 6656 of such Code for
                                                                       18 any failure to make a deposit of applicable employment
                                                                       19 taxes if the Secretary determines that such failure was due
                                                                       20 to the anticipation of the credit allowed under this section.
                                                                       21               (j) THIRD-PARTY PAYORS.—Any credit allowed
                                                                       22 under this section shall be treated as a credit described
                                                                       23 in section 3511(d)(2) of such Code.




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                                                                         1              (k) REGULATIONS AND GUIDANCE.—The Secretary
                                                                         2 shall issue such forms, instructions, regulations, and guid-
                                                                         3 ance as are necessary—
                                                                         4                        (1) to allow the advance payment of the credit
                                                                         5              under subsection (a), subject to the limitations pro-
                                                                         6              vided in this section, based on such information as
                                                                         7              the Secretary shall require;
                                                                         8                        (2) regulations or other guidance to provide for
                                                                         9              the reconciliation of such advance payment with the
                                                                       10               amount of the credit at the time of filing the return
                                                                       11               of tax for the applicable quarter or taxable year;
                                                                       12                         (3) with respect to the application of the credit
                                                                       13               under subsection (a) to third-party payors (including
                                                                       14               professional employer organizations, certified profes-
                                                                       15               sional employer organizations, or agents under sec-
                                                                       16               tion 3504 of the Internal Revenue Code of 1986),
                                                                       17               including regulations or guidance allowing such
                                                                       18               payors to submit documentation necessary to sub-
                                                                       19               stantiate the eligible employer status of employers
                                                                       20               that use such payors;
                                                                       21                         (4) for application of subsection (b)(1)(A) and
                                                                       22               subparagraphs (A)(ii)(II) and (B) of subsection
                                                                       23               (c)(2) in the case of any employer which was not
                                                                       24               carrying on a trade or business for all or part of the



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                                                                       25               same calendar quarter in the prior year; and


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                                                                         1                        (5) for recapturing the benefit of credits deter-
                                                                         2              mined under this section in cases where there is a
                                                                         3              subsequent adjustment to the credit determined
                                                                         4              under subsection (a).
                                                                         5              (l) APPLICATION OF SECTION.—This section shall
                                                                         6 apply only to qualified fixed expenses paid or accrued after
                                                                         7 March 12, 2020, and before January 1, 2022.
                                                                         8              (m) AMENDMENT TO PAYCHECK PROTECTION PRO-
                                                                         9     GRAM TO COORDINATION WITH CREDIT FOR QUALIFIED

                                                                       10 FIXED EXPENSES.—Section 1106 of the CARES Act is
                                                                       11 amended by adding at the end the following new sub-
                                                                       12 section:
                                                                       13               ‘‘(l) COORDINATION WITH PAYROLL TAX CREDIT
                                                                       14      FOR QUALIFIED FIXED EXPENSES.—For purposes of this

                                                                       15 section, any payment of interest on any covered mortgage
                                                                       16 obligation, any payment on any covered rent obligation,
                                                                       17 and any covered utility payment shall not include any
                                                                       18 qualified fixed expenses which are taken into account in
                                                                       19 determining the credit allowed under section 2 of the
                                                                       20 Keeping the Lights On Act of 2021.’’.
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BILLS_bills-117hr615ih_bills-117hr615ih.pdf
Original
www.govinfo.gov
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