Congressional Record, March 4, 2021: floor action on H.R. 1319 (American Rescue Plan Act of 2021)
Summary
The Congressional Record for Thursday, March 4, 2021 (Vol. 167, No. 41) notes that the House was not in session. In the Senate, Mr. Schumer moved to proceed to Calendar No. 10, H.R. 1319, to provide for reconciliation pursuant to title II of S. Con. Res. 5, and Rollcall Vote No. 73 Leg. resulted in yeas 50, nays 50; the Vice President voted in the affirmative and the motion to proceed was agreed to. Mr. Schumer, for himself and others, then proposed amendment numbered 891, whose text begins: This Act may be cited as the American Rescue Plan Act of 2021. An objection was heard, and the clerk read the amendment, which is printed in full.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“Congressional Record, March 4, 2021: floor action on H.R. 1319 (American Rescue Plan Act of 2021).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/congressional-record-march-4-2021-floor-action-on-h-r-1319-american-re-a16ec853d0/
, SHA-256 bad66869c0cfbc57e26c741aa6ec50fbdc55fe0818e89675717c934f86b92c71.Full text
This is the first part of the text (pages 1 to 106 of 183). The full document is in our copy of the file, CREC-2021-03-04.pdf, listed under File and source; the original is at govinfo.gov.
Congressional Record
E PL
UR M
IB NU
U U
S
117 th CONGRESS, FIRST SESSION
United States
of America PROCEEDINGS AND DEBATES OF THE
Vol. 167 WASHINGTON, THURSDAY, MARCH 4, 2021 No. 41
House of Representatives
The House was not in session today. Its next meeting will be held on Monday, March 8, 2021, at 12 p.m.
Senate
THURSDAY, MARCH 4, 2021
The Senate met at 12 noon and was to the Senate from the President pro The senior assistant legislative clerk
called to order by the Honorable BRIAN tempore (Mr. LEAHY). read as follows:
SCHATZ, a Senator from the State of The senior assistant legislative clerk Motion to proceed to S. 11, a bill to provide
Hawaii. read the following letter: for an exception to a limitation against ap-
U.S. SENATE, pointment of persons as Secretary of Defense
f
PRESIDENT PRO TEMPORE, within seven years of relief from active duty
PRAYER Washington, DC, March 4, 2021. as a regular commissioned officer of the
To the Senate: Armed Forces.
The Chaplain, Dr. Barry C. Black, of- Under the provisions of rule I, paragraph 3, f
fered the following prayer: of the Standing Rules of the Senate, I hereby
Let us pray. appoint the Honorable BRIAN SCHATZ, a Sen- MORNING BUSINESS
Almighty God, You are our rock. ator from the State of Hawaii, to perform Mr. SCHUMER. Mr. President, I ask
Today, inspire our Senators to safely the duties of the Chair. unanimous consent that the Senate be
walk on the path of wisdom. Remind PATRICK J. LEAHY,
President pro tempore.
in a period of morning business, with
them that reverence for You guaran- Senators permitted to speak therein
tees a great start for their journey. In- Mr. SCHATZ thereupon assumed the for up to 10 minutes each.
spire them to strive to fulfill your pur- Chair as Acting President pro tempore. The ACTING PRESIDENT pro tem-
poses. May they daily express their f pore. Without objection, it is so or-
gratitude for Your bountiful blessings RECOGNITION OF THE MAJORITY dered.
as You continue to direct their steps. LEADER f
Trusting You with all their hearts,
may they find in You their strength The ACTING PRESIDENT pro tem- AMERICAN RESCUE PLAN ACT OF
and shield. pore. The majority leader is recog- 2021
Lord, lead them like a Shepherd. Re- nized.
Mr. SCHUMER. Mr. President, as the
mind them that You have set apart the f Senate prepares to take up the Amer-
Godly for Yourself. LEGISLATIVE SESSION ican Rescue Plan today, I want to re-
We pray in Your merciful Name. mind everyone why we are here. This
Amen. country is in the midst of a once-in-a-
f PROVIDING FOR AN EXCEPTION TO century crisis—not once in a decade,
A LIMITATION AGAINST AP- not once in every 50 years—once in a
PLEDGE OF ALLEGIANCE POINTMENT OF PERSONS AS century.
The Presiding Officer led the Pledge SECRETARY OF DEFENSE WITH- It is a crisis that is still very much
of Allegiance, as follows: IN SEVEN YEARS OF RELIEF with us, and it is deadly—deadly—seri-
I pledge allegiance to the Flag of the FROM ACTIVE DUTY AS A REG- ous. It has claimed more than 515,000
United States of America, and to the Repub- ULAR COMMISSIONED OFFICER precious lives across every part of the
lic for which it stands, one nation under God, OF THE ARMED FORCES—MOTION Nation.
indivisible, with liberty and justice for all. TO PROCEED For the better part of the calendar
f Mr. SCHUMER. Mr. President, I year, businesses have had to close their
move to proceed to Calendar No. 1, S. doors and entire industries teetered on
APPOINTMENT OF ACTING 11. the brink of collapse. The economy has
PRESIDENT PRO TEMPORE The ACTING PRESIDENT pro tem- lost 10 million jobs since this time last
The PRESIDING OFFICER. The pore. The clerk will report the bill by year. Millions of Americans are thou-
SSpencer on DSK126QN23PROD with SENATE
clerk will please read a communication title. sands of dollars behind on the rent and
∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.
S1037
.
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.000 S04MRPT1
S1038 CONGRESSIONAL RECORD — SENATE March 4, 2021
on the utilities. Folks are facing evic- Donald Trump was President, they arms, and set it on a path to strong re-
tion. American families have had their were willing to vote for a total of over covery, the Senate is going to move
water shut off, their heat shut off in $3 trillion in aid. Now that President forward with the bill.
the depth of winter, and the power cut Biden is President and the economy is No matter how long it takes, the
during their kids’ first days of virtual in the same pickle, generally speaking, Senate is going to stay in session to
kindergarten. they don’t want to vote for a nickel. I finish the bill this week. The American
Even as the vaccine is quickly mak- wonder why. I wonder why. people deserve nothing less.
ing its way into Americans’ arms now And I have to say, a few of my Repub- I yield the floor.
that President Biden has taken the lican colleagues are going to some I suggest the absence of a quorum.
helm, tens of thousands of Americans pretty ridiculous lengths to showcase The PRESIDING OFFICER. The
continue to get sick every week, and their opposition to a bill The Econo- clerk will call the roll.
we are racing against the clock to de- mist has called ‘‘one of the most pop- The senior assistant legislative clerk
feat the pandemic and to save Amer- ular bills in decades,’’ a bill supported proceeded to call the roll.
ican lives. by a majority—a majority—of Repub- Mr. MCCONNELL. Mr. President, I
Now, Congress has come together on lican voters, not Republican Senators, ask unanimous consent that the order
several occasions to pass emergency re- but voters. for the quorum call be rescinded.
lief in this time of extraordinary crisis. Yesterday, the Republican Senator The ACTING PRESIDENT pro tem-
In each case, we saw our economy re- from Wisconsin—the same Senator who pore. Without objection, it is so or-
cover, briefly, before worrying trends last summer proudly declared he would dered.
took hold again, showing the depth of oppose even a dime more in COVID re-
f
the economic crisis. It is not going to lief, the same Senator who spent a Sen-
be quick and easy to get out of. ate hearing on Capitol security reading RECOGNITION OF THE MINORITY
After the CARES bill passed, our conspiracy theories into the RECORD LEADER
economy stabilized before dipping and saying that January 6 wasn’t an The ACTING PRESIDENT pro tem-
deeply again in the summer. After we armed insurrection—decided to make pore. The Republican leader is recog-
passed another emergency bill in De- himself the face of the Republican op- nized.
cember, the January numbers looked position to the bill by vowing to force
positive before once again slipping in the reading of the Senate amendment f
recent weeks. Trusted economists— to the American Rescue Plan, in full, KENTUCKY FLOODING
Treasury Secretary Yellen and Federal before we can proceed with the bill.
We all know this will merely delay Mr. MCCONNELL. Mr. President, ear-
Chair Powell, both cautious, careful
the inevitable. It will accomplish little lier this week, I described the terrible
people—are telling us, plain as day,
more than a few sore throats for the flooding across my home State of Ken-
that the economy is not yet ready to
Senate clerks who work very hard, day tucky. Rivers reached historic levels.
stand on its own; that our recovery is
in and day out, to help the Senate Whole communities are still under-
deeply uncertain; that the risk of doing
function. And I want to thank our water.
little is far greater than doing too
clerks profoundly for the work they do Yesterday, my staff and I spoke with
much.
We have also arrived at this moment, every day, including the arduous task leaders in some of our hardest hit
about to take up the American Rescue ahead of them. counties. The Estill County judge exec-
Plan, because we remember what hap- Still, we are delighted that the Sen- utive told me that he personally joined
pened the last time our country faced a ator from Wisconsin wants to give the crews to help families escape danger.
significant economic downturn. Con- American people another opportunity Small business owners in Lee County,
gress was too limited and constrained to hear what is in the American Rescue who survived one COVID obstacle after
in its response to the financial crisis in Plan. We Democrats want America to another, now saw their life’s work lit-
2008 and 2009, and, as a result, the coun- hear what is in the plan. And if the erally washed away. The situation in
try suffered a long, slow, painful recov- Senator from Wisconsin wants the Powell County is so dire that at least
ery—a lost decade for many American clerks to read it, let everybody listen one city can only be accessed by boat.
families, creating anger, pessimism, a because it has overwhelming support. Road crews, first responders, and the
sourness in the land that discombobu- We want them to hear about the direct Kentucky National Guard are doing
lated our politics. checks they will get, as promised, to their best to help out, but they can’t
We are not going to make those same help them keep up with the cost of gro- get a handle on the full scope of the
mistakes again. We are not going to ceries, medicine, and the rent; about damage until the water recedes.
condemn millions of working Ameri- funding to expand testing and support Once the assessment is complete, the
cans to another lost decade of tepid re- the vaccine; about the resources for Governor will formally request an
covery. We are not going to abdicate schools to reopen quickly and as safely emergency disaster declaration from
our responsibility to help the American as possible; about the money to keep the Biden administration. As soon as
people just because we have started to firefighters, teachers, busdrivers, and he does, my team and I will do our part
see the first hint that things aren’t as first responders on the job; about the to get Federal assistance to these com-
bad as during the very worst days of dollars to provide rental assistance to munities as soon as possible.
the pandemic. keep Americans in their homes; about f
Our mission—our mission—is to the help for the hardest hit small busi-
AMERICAN RESCUE PLAN ACT OF
crush the virus now, get our country nesses to hang on until brighter days
2021
back to normal, lay the foundation for return.
our economy to come roaring back— Oh, yes, when the clerks read, the Mr. MCCONNELL. Mr. President, on
roaring back. American people will get another a completely different matter, yester-
That is what the American Rescue chance to hear about the tax breaks for day, our Democratic colleagues had
Plan is designed to do, and the entire low-income workers and assistance for planned to begin ramming through
country has gotten behind it. Hundreds American families struggling with their partisan spending spree, but it
of the Nation’s top business leaders childcare—two measures that help seems they have had some difficulty
support the plan. More than 400 mayors make the American Rescue Plan one of getting to the starting line. After all,
and local leaders from both parties— the single largest anti-poverty bills in Senate Democrats, including com-
SSpencer on DSK126QN23PROD with SENATE
Democrat and Republican—support the recent history. mittee chairs, are essentially being
plan. The American people support the And then, once the American people jammed with text from over in the
plan, including a clear majority of have heard all over again about the House. Their own Members have barely
Democrats, Independents, Republicans. provisions that make this bill so pop- been able to read this thing, let alone
It seems the only group that opposes ular, about the support that is going to shape it.
the bill are Republicans here in Wash- lift the country out of the crisis, pro- So let’s think back to where we were
ington, and it is confounding. When vide millions of vaccines in people’s 1 year ago. Eleven-and-a-half months
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\CR\FM\G04MR6.002 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1039
ago, the Senate was also discussing a bill is to what Americans need right more of Americans’ speech and Ameri-
major spending package. In fact, it was now. There are no policies to get cans’ activities. The bill also tramples
the same size as what is being proposed schools reopened right away and no on citizens’ privacy with new mandates
right now—about $2 trillion—an appro- smart solutions to directly spur rehir- that would intensify ‘‘cancel culture’’
priate pricetag back at the start of the ing. Less than 1 percent of the money and help mobs harass people for their
crisis, but that is where the similarity goes to the vaccines that will end this private views. Even the leftwing ACLU
actually ends. nightmare—only 9 percent to the en- condemns this part of H.R. 1.
Last March, the Senate was working tire healthcare fight altogether. This is what the ACLU had to say:
overtime, in a bipartisan fashion, to I guess it has become a rite of pas- It could directly interfere with the ability
craft good policy from the bottom up. I sage for a new Democratic President to of many to engage in political speech about
assembled bipartisan task forces. We begin with a poorly targeted spending causes that they care about and that impact
had Republicans and Democrats and spree that doesn’t give Americans what their lives.
staff working around the clock to build they need. That was from the ACLU.
the policies that would save our health We already laid the foundation for a That is right. House Democrats have
system and our economy. roaring comeback. The Biden adminis- swung so far to the anti-free speech left
The CARES Act sustained us for al- tration inherited a tide that was al- that they have even lost the ACLU.
most a year of shutdowns. It funded the ready turning, but they have chosen to Speaking of political swings, Demo-
healthcare fight, saved small busi- ignore the approach that got us this crats who want Washington to take
nesses, and funded Operation Warp far. over elections should remember that
Speed, which helped pave the way for f majorities in Congress actually come
these pioneering vaccines and and go. It would be absurd for election
preordered hundreds of millions of FOR THE PEOPLE ACT OF 2021 regulations in every precinct in Amer-
doses for Americans. The law sent so Mr. MCCONNELL. Mr. President, ica to go boomeranging back and forth
much relief to households that, even as now, on one final matter, yesterday every time Congress changes hands.
the GDP declined, personal incomes evening, House Democrats repassed Millions of American voters elected 50
and savings actually went up. Even lib- their plan to give Washington unprece- Republican Senators and a whole lot of
eral economists say President Biden dented power over the way our Nation House Republicans to make sure that
has inherited an economy that was al- conducts elections. Just like their par- Democrats play by the rules, not re-
ready primed for a swift recovery. It tisan spending spree from last week, write the rules. For one party to seize
was the largest American rescue pack- the only thing bipartisan about the unilateral control over elections na-
age ever. Yet it passed the Senate vote was the opposition. tionwide would be a civic catastrophe.
without one single dissenting vote be- The same party that wants to change It is worth asking: Why are Wash-
cause it was built the right way. Senate rules when they lose a vote, ington Democrats so desperate to forc-
That was last March. So what about pack the Supreme Court when they ibly rewrite election law before the
today? lose a case, and throw out the electoral next time voters decide their fates?
Instead of heading into a dark tun- college every time they lose the White f
nel, we are accelerating out of it: in- House now wants to forcibly rewrite 50
credible vaccines, a rebounding econ- States’ election laws from Washington. RESERVATION OF LEADER TIME
omy. That is what the Biden adminis- It is unprincipled. It is unwarranted. The ACTING PRESIDENT pro tem-
tration inherited thanks to what we Large portions of it may well be uncon- pore. Under the previous order, the
did last year. stitutional. One of the key principles of leadership time is reserved.
Yet Washington Democrats are try- American elections is that Federal of- The majority whip.
ing to exploit the last chapters of this ficeholders cannot personally micro- f
crisis to pass what President Biden’s manage the way in which voters can
Chief of Staff calls ‘‘the most progres- hire and fire us. AMERICAN RESCUE PLAN ACT OF
sive domestic legislation in a genera- Different States and localities settle 2021
tion,’’ and they have told Republicans: questions around early voting or absen- Mr. DURBIN. Mr. President, some of
Take it or leave it. No openness to tee voting or voter registration in very our Republican colleagues say that
meaningful bipartisan input. Ten Re- different ways. Washington Democrats America doesn’t need President Biden’s
publican Senators approached Presi- want every county in America to have COVID rescue plan because ‘‘the pan-
dent Biden and proposed cooperation to answer all of those questions the demic is nearly over.’’ Funny. I have
on the order of hundreds of billions of way they want. For example, no State never heard them say we shouldn’t
dollars. They were refused. All that in- would be able to have a simple voter ID spend money to help tornado victims in
terested the Democrats was a partisan requirement unless they neutered it their States after the tornadoes were
hodgepodge of, largely, non-COVID-re- with a massive loophole, but every gone.
lated items. State would be forced to allow ballot Let me say it clearly. We are not out
Last year, the Democratic leader harvesting, where paid political of the woods yet. I wish we were. There
said: operatives can show up, carrying a are 510,000 Americans—maybe more
Sitting in your own office, writing a bill, stack of ballots with other people’s now—who have died. The United States
and then demanding the other side support it names on them. has 5 percent of the world’s population.
is not anyone’s idea of bipartisanship. Imagine looking at this national We have 20 percent of the COVID infec-
As recently as last November, he landscape, where we have seen the los- tions and deaths. Why? Because of poor
said: ing side doubt the legitimacy of two leadership during the first year of this
We need a true bipartisan bill—not ‘‘this is consecutive Presidential elections, and pandemic.
our bill, take it or leave it.’’ thinking: This is the time for a sweep- We had a President then, who is now
Another time, our friend from New ing, one-party rewrite of election law. gone, who would announce it was a
York told everyone to ‘‘go look up in Democrats are also coming after hoax, and it was going to disappear by
the dictionary what ‘bipartisanship’ is. Americans’ free speech. The Federal Easter, downplaying the seriousness of
It’s both parties working together, not Election Commission was set up after the situation with his fanciful flights
your party doing a bill and then saying Watergate to be a bipartisan panel by about certain chemicals that were
design. The FEC intentionally needs bi- going to save us or whether or not we
SSpencer on DSK126QN23PROD with SENATE
it’s bipartisan.’’
In less than 4 months, we have had partisan consensus to throw a penalty should all be gargling Lysol every
two completely different versions of flag. Washington Democrats want to morning. It made no sense, and the
the Democratic leader. The two of scrap that as well. American people came out of that ex-
them could have a fascinating debate Their bill would convert the FEC perience confused and infected, with
with each other. into an odd-numbered, partisan body, deaths in their families. That was the
But look, the real tragedy here is not and this partisan FEC would get even reality of the first year of the pan-
Senate process; it is how ill-suited this greater scope to nose around in even demic.
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\CR\FM\G04MR6.003 S04MRPT1
S1040 CONGRESSIONAL RECORD — SENATE March 4, 2021
There was also another reality, I just got off a Zoom call with a That is the same thing with this. If
which the Republican leader just al- dozen small towns in Illinois. They are we accept the Republican argument
luded to in that, 12 months ago, we all down from my neck of the woods. that this pandemic is really over; if we
passed something called the CARES They are great folks, doing their best, accept the argument of the Governor of
Act. It was historic—the largest Fed- struggling under COVID–19. Texas—that was yesterday; we don’t
eral expenditure in the history of the They asked me: Are you going to have to worry about it tomorrow; if we
United States of America. Who de- send us any help? take that approach, we could have a
signed that bill? Well, it was Treasury I said: President Biden has made his disastrous result. We could be back in
Secretary Mnuchin, whom I didn’t American rescue proposal. If we can trouble again in just a few weeks.
know well but who, apparently, had pass it, help is on the way. I hope we don’t. I hope we come to-
some skill as a negotiator because he Assistance won’t just go to Spring- gether in the Senate, preferably on a
managed to not only speak for Presi- field, our State capital, or to Chicago, bipartisan basis, and help the President
dent Trump but to negotiate a bipar- which does need help, but to cities get us through this pandemic. This is
tisan package in March of last year, across our State and across our Nation. our chance. We have no greater respon-
called the CARES Act, for $2 trillion. It That is included in this bill too. Help sibility than to put an end to this pan-
came to the floor of the Senate, with a for our schools is included in this bill demic, put the economy on its feet, get
vote of 96 to nothing. Every Democrat too. The list goes on, and it is an im- the kids back in school, and let grand-
voted for the COVID rescue plan of the portant list because it really highlights parents visit those grandkids again.
Trump administration a year ago— the priorities of recovery in the United That is part of getting America back
every Democrat. States. where it needs to be.
President Biden and all of us heard We need bipartisan support. As
The second major bill occurred in De-
the news a day or two ago when the Democrats, we provided that support
cember, that of $900 billion, designed to
Governors of Texas and Mississippi, in to a Republican President. Now that
help us through the first 3 months of
full-throated denial of the reality of we have a Democratic President, will
this year—again, with Treasury Sec-
this pandemic, basically took off all our Republican Senators do the same?
retary Mnuchin at the table on behalf
the limitations on businesses and on I yield the floor.
of President Trump, negotiating with
individuals. No more mask require- The PRESIDING OFFICER. The Sen-
Democrats and Republicans. It came to
ments. Let’s open up everything all the ator from Connecticut.
the floor of the Senate, and, this time, Mr. MURPHY. Mr. President, I was
way. The President was right. That was
there were 92 votes in favor of it, in- presiding on Tuesday. Sometimes my
not a smart choice. It was not a wise
cluding every Democrat, and 6 Repub- choice. We are up against it, and we staff will give me a folder of things to
licans voted no. have to remain united in our effort to review while I am presiding, and often
So, you see, when it came to COVID they will be upset when I come back
defeat this coronavirus.
rescue plans under the Trump adminis- So this week, in a day or two, Presi- having not reviewed what they have
tration, the Republicans were happy to dent Biden’s American Rescue Plan given me. The reason for that is sim-
ask us to join them, and we did. Oh, will come to the floor. Will we have an- ple: When there are Members speaking
some people said we were giving them other bipartisan rollcall, 96 to nothing, before the body, I am, frankly, very in-
a political advantage here or there or 92 to 6? I am afraid not. As of this mo- terested to listen and to hear what our
the other place, but those arguments ment, and I hope it changes, no single colleagues have to say. We don’t do
didn’t prevail on the Democratic side. Republican Senator has expressed an enough of that in this place. We are so
The Nation came first. The pandemic interest in voting for this bill. Not one. busy during the day, we don’t spend a
came first. Unemployed people and I hope it changes, and it could. Some lot of time on the Senate floor. We
businesses that were struggling came Senators at the last minute, I think, might have the floor on on our TV in
first, and we voted that way. will realize this is the right way to go. our office, but we are not always pay-
Then came a new President: Joe Meanwhile, the Republican leader ing attention to what our colleagues
Biden, elected November 3, despite the comes to the floor every day and have to say. One of the benefits of
denial of some. It was a reality. He mocks this plan—a Democratic wish being able to preside is that you do get
took this pandemic and faced it square- list, a liberal wish list, NANCY PELOSI’s to listen to the arguments that are
ly—no excuses about hoaxes or ‘‘it is wish list. This is the American people’s being made right here on the floor.
going to go away’’ or ‘‘I have got a fa- wish list. Eighty percent of the Amer- In the hour or so that I was presiding
vorite chemical that will save ican people support what President on Tuesday, I got to hear about four or
everybody’s life.’’ He faced it squarely. Biden is trying to do, and the leading five of my Republican colleagues come
He accepted the responsibility, as economists have told us we have to do down in sequence to make their case as
President of the United States, to tell this. If we don’t inject money into this to why they would be voting against
the American people the truth. economy to restore its energy and fu- the American Rescue Plan, and so I got
The first thing he told them was that ture, we will pay for it not just for to hear a number of themes being de-
we cannot, we should not, stop in our months to come but far beyond. veloped.
efforts to end this pandemic and put It is a situation that every parent I don’t think coincidentally a num-
America back on its feet. So he made a knows, when they go to the doctor, to ber of arguments were made repeatedly
proposal, a proposal with at least $160 the pediatrician, with their little boy by many of our friends on the Repub-
billion in it, for buying vaccines, ad- or little girl with an earache, and he lican side of the aisle, and so I decided
ministering those vaccines, and distrib- says: I am going to give you some anti- it might be worthwhile to just spend a
uting them across the United States. I biotics. Now, this is a 5-day prescrip- few minutes talking about the claims
would think that everybody would tion. This little boy is going to start that are made about this bill by Repub-
agree with that as a starting point. It feeling better on the second day, and licans, the reasons why they are voting
wasn’t the end point. by the third day, he is going to be play- against it, and to talk about how some
As for the cash payment promised by ing as usual. You are going to think, of these arguments may be a little bit
the Trump administration and agreed well, he doesn’t need the rest of these more disingenuous than we might like.
to by most Democrats, he wanted to antibiotics. Don’t make that decision. The first thing that I heard was that
keep his word on that—$1,400 more for Keep giving him the full dose of medi- this bill was just too expensive. It is
families all across America. cine to get well completely, or he may $1.9 trillion. That is a lot of money, no
He talked about State and local aid. doubt, but this country has never ever
SSpencer on DSK126QN23PROD with SENATE
lapse back into it again and get sick all
I can tell you that this is more than a over again. faced a healthcare crisis or an eco-
theoretical exercise in my State of Illi- So you stick with it even when your nomic crisis like we do today. This is
nois. We need help. The expenses of little boy is running rings around you an unprecedented moment in our Na-
COVID–19 and the lost revenue by our or the little girl is getting ready to get tion’s history, and it requires us to
shrunken economy have taken their on her tricycle, because that is what step up and do something that isn’t
toll in my State and in the cities the doctor said, and that was the right just going to sound like it will work
across the State. thing to do. and help people but actually will.
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\CR\FM\G04MR6.005 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1041
What is, I guess, to me ironic about Consult poll. It has been referred to be- local funding in the American Rescue
this claim that it is too expensive, that fore on the floor. Seventy percent of all Plan.
it is going to cost our kids and voters support the American Rescue There was rent and mortgage relief
grandkids too much money, is that Re- Plan. Not surprisingly, there is some in the CARES Act. There is rent and
publicans passed a tax bill that was al- difference between Democrats and Re- mortgage relief in the American Res-
most to the dollar the exact same publicans but, frankly, not much. Nine- cue Plan.
amount as this relief bill is. They ty percent of Democrats support the All of a sudden, since Democrats
passed a $1.9 trillion tax bill where the American Rescue Plan, and 60 percent took control of the White House and
majority of the benefits went to the of Republicans support the American took control of the Senate, all of these
richest Americans who needed no more Rescue Plan. Why? Because everybody things, which were categorized as
help. There was no crisis in 2017 is hurting in this country. Everybody COVID relief by Republicans in March,
amongst American millionaires and is hurting. Republicans and Democrats are no longer COVID. You are just sup-
billionaires. Yet Republicans were very need an extension of unemployment posed to think of these as extras, as
willing to draw down $1.9 trillion in benefits. Republicans and Democrats Democratic priorities.
debt-financed tax cuts; $1.3 trillion in both want cash payments. Republicans Ninety percent—ninety-five percent
corporate tax cuts; $83 billion to let and Democrats know that their kids of what is in the package we are voting
heirs of huge mega-estates be able to can’t get what they need in schools on today is simply an extension of the
inherit more money without taxation; without additional support. same set of funding streams that we
$435 billion tax cut for the wealthiest 1 This is a unifying proposal in the authorized in a bipartisan way a year
percent of Americans. So it is a little American public. President Biden made ago. And so this idea that this is some
hard to listen to my Republican col- a commitment to govern in a way that Democratic wish list, when we are es-
leagues claim that this bill is too ex- unified the country. He has done that. sentially just extending or increasing
pensive when they were willing to He has proposed a bill that has the the same funding streams that were in
spend the exact same amount of money broad support of Republicans and the CARES Act, is nonsense. It is non-
in 2017 on tax cuts for their wealthy Democrats. I don’t know that it is his sense. Of course, this is all COVID re-
corporate and millionaire friends. fault that it can’t draw Republican lief. Of course, it is COVID relief when
It is also hard to listen to this argu- support in Congress despite the fact you are increasing nutritional benefits
ment because just a year ago, Repub- that it draws Republican support from to people who can’t afford to feed their
licans were willing to spend $1.9 tril- the public. kids because they have lost their job or
lion to address this crisis. It isn’t as if Finally, this was maybe the most in- they have lost hours because the econ-
Republicans haven’t understood, when teresting theme of the complaints: It is omy melted down due to a pandemic.
they were in control of the White not COVID relief. I have heard different That is not, all of a sudden, not COVID
House and the Congress, that we need- statistics thrown out by my Repub- relief today.
ed to step up and meet this moment. lican friends. Some of them suggest This one is maybe the most bizarre of
Republicans have said: Well, this is dif- that only 5 percent of this bill is Republican claims. This bill is expen-
ferent because we are turning the cor- COVID relief. I am not sure exactly sive, but it is not too expensive. This
ner. Well, as Senator DURBIN laid out how they come to that calculation, but moment is unique, and we are man-
very well, we may be able to see the what I understand them to say is that dated by our oath of office to meet this
corner, but we are not there yet. anything that isn’t directly related to moment. Republicans didn’t have a
March 24 was the day that we passed putting shots in people’s arms or treat- problem spending $1.9 trillion to give
the CARES Act—almost the same ing people with present cases of COVID tax breaks to their wealthy friends. I
amount of money as we are considering is not COVID relief. don’t know why they, all of a sudden,
today. On that day, 737 people died of Well, let’s just take a look at what have a problem putting money in the
COVID–19. Yesterday, 2,369 people died was broadly part of the CARES Act pockets of hard-working Americans
of COVID–19. So in many ways, the cri- that was supported by every single Re- who are suffering through the worst
sis today is exponentially worse than it publican and what is broadly part of healthcare crisis this country has seen
was a year ago when Republicans, to a the American Rescue Plan, because my in a century.
person, were willing to spend $2 trillion Republican colleagues thought that ev- Republicans say this is a partisan
on the crisis. Now, all of a sudden, erything in the CARES Act was COVID bill. Out there in America, guess
when Democrats are in charge of the relief, whether it was designed to im- what—it is not. It is not. Republicans
White House, when a Democratic ma- mediately attack the healthcare crisis and Democrats support this because it
jority leader sits here in the U.S. Sen- or whether it was designed to address is full of commonsense ideas that make
ate, $1.9 trillion is too much money to the economic crisis. a lot of sense to people, no matter what
spend on a crisis that is taking on a There were stimulus checks in the their political ideology is outside of
daily basis three to four times as many CARES Act—not as big as the ones in Washington.
lives as it did when we spent this the American Rescue Plan, but they Republicans say this bill isn’t COVID
money a year ago. were COVID relief when we passed the relief but a Democratic progressive
By the way, the economic crisis is CARES Act. Now, according to Repub- wish list. No, it is simply an extension
still acute. There may be technically licans, they are not COVID relief. of the things that were bipartisan pri-
more people at work today than there There was an unemployment exten- orities last year. We thought they were
were in April or May of last year, but sion and a plus-up in the maximum good ideas then. We think they are
surveys suggest today 80 percent of benefit under the CARES Act. That good ideas now, especially given the
Americans don’t have enough money to was COVID relief back in March of last fact that four times as many people are
pay their bills. Why? Because a lot of year, but now, according to Repub- dying today as were dying in March of
people are back to work, but they are licans, it is not COVID relief. 2020, when we passed the first bipar-
working fewer hours, right? They have There was money for vaccines and for tisan CARES Act, and as the economy
less reliable work. So there is still a testing in the CARES Act. In the today is in just as dire straits as it was.
crisis that exists amongst 80 percent of American Rescue Plan, there is money I hope we are turning the corner. I
Americans today. This is no less than for vaccines and testing. hope we get vaccines into the arms of
the crisis that existed in 2017. Small business relief was, of course, individuals such that we are soon back
Here is the second critique that is conceived in the CARES Act, the PPP to the numbers of deaths per day that
SSpencer on DSK126QN23PROD with SENATE
made over and over about this bill: It is program. That is a big part of the we saw in March of last year. I hope
a partisan bill, Republicans say. Well, American Rescue Plan, but now it is that we are on a road again to full em-
that is a complaint of Republicans’ not COVID relief, according to my Re- ployment. But I am confident that
own making because it is only a par- publican colleagues, whereas it was none of that can happen unless we
tisan bill in the U.S. Senate. Three out last year. make this investment in COVID relief
of four voters support the American There was State and local funding in and in economic relief. It is an obliga-
Rescue Plan. This is a recent Morning the CARES Act. There is State and tion as stewards of the economy and
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\CR\FM\G04MR6.007 S04MRPT1
S1042 CONGRESSIONAL RECORD — SENATE March 4, 2021
the welfare of the American people for and rescuing those States that are not so that both red and blue States would
us to step up to the plate and get this in crisis would not take anywhere close get a fair shot at funding, or amend-
done this week. to $350 billion. Democrats are going to ments to remove those provisions that
I yield the floor. spend hundreds of billions of taxpayer are in no way related to COVID relief.
The PRESIDING OFFICER (Mr. dollars on an unnecessary giveaway to Unfortunately, Democratic leaders
KING). The Republican whip. States, and on top of that, that give- have made it very clear that they are
Mr. THUNE. Mr. President, less than away is heavily, heavily weighted in not willing to entertain Republican
2 months ago, at his inauguration, favor of blue States. That is right. The ideas. So I don’t have a lot of con-
President Biden spoke about his deep distribution formula is designed to fidence that Republican amendments,
commitment to bringing Americans to- heavily favor Democratic States. even if adopted, will end up in the final
gether. Well, then there is the money for bill.
Today, the Senate will consider the schools. Now, Republicans have been It is deeply disappointing that pretty
first major bill of his Presidency, an in- very willing to give schools money to much the first thing Democrats did
tensely partisan piece of legislation. help them reopen. In fact, last year, this Congress was to take a bipartisan
Why is the bill before us today so par- when Republicans were in the major- process—the coronavirus relief—and
tisan? It is not because Republicans ity—which, by the way, during that make it partisan. All five—all five—of
were unwilling to cooperate with time we passed five COVID–19 relief the coronavirus bills that Congress has
Democrats on COVID legislation. In bills, all with bipartisan cooperation passed to date—last year, when Repub-
fact—in fact—Republicans made it very and support, at the 60-vote level that licans were in the majority—were bi-
clear that we were willing to work with we use here in the Senate for most leg- partisan. This bill could have been bi-
Democrats. islation that we take up under regular partisan, too, but Democrats decided
No, the bill before us today is so order—but we put a lot of money into that Republicans and the Americans
heavily partisan because Democrats giving schools money to help them re- that they represent should not have a
didn’t want to work with Republicans. open. In fact, Republicans voted for $68 voice in this legislation.
Democrats saw an opportunity to use billion for K–12 schools. Is this what the rest of the Biden
the COVID crisis to advance a whole At this point, that money is suffi- Presidency is going to look like? I sure
host of liberal priorities, and they were cient. Schools have spent just $5 billion hope not, because it is going to be real-
afraid that allowing Republicans to of the $68 billion that we have already ly hard—really hard—to come up with
participate in the process would mean provided. Let me repeat that. So far, solutions that are durable and that
that some of their pet projects would schools have spent just $5 billion, or represent the middle of the country—
be excluded or that they would have to less than 10 percent, of the $68 billion those people whose voices are not
pare back some of their more prof- that has already been given to them. heard in the legislation that we will be
ligate spending. Yet the Democrats’ bill would appro- taking up today.
So Democrats decided to use rec- I yield the floor.
priate an additional $129 billion for The PRESIDING OFFICER. The Sen-
onciliation to ensure that Republicans schools, 95 percent of which would be ator from Louisiana.
wouldn’t be able to interfere with their spent after this year—the year of the
Democratic legislation. And let’s be f
crisis, the year of the emergency, the
very clear about the nature of that leg- year of the pandemic. You would think CONCERNS OVER NATIONS FUND-
islation. Democrats would like to that, if this was a crisis, the funding ING UNIVERSITY CAMPUS INSTI-
present this as a COVID bill. It is not. would be made available to be used this TUTES IN THE UNITED STATES
Yes, there are a handful of true COVID year, but it is not. It is spent in the ACT
priorities in this legislation, such as years 2022 to 2028. Mr. KENNEDY. Mr. President, I want
more money for vaccines and Do Democrats really expect Ameri- to talk a few minutes about the good
coronavirus treatment, something that cans to believe that school dollars that people of China, about Confucius Insti-
I think everybody here on both sides of won’t be spent until 2027 or 2028 are ur- tutes, and the Chinese Communist
the aisle supports. But the bulk of this gently needed coronavirus response Party.
bill is either non-COVID-related or os- dollars? This is the pattern with this I meant what I said when I referred
tensibly COVID-related but, actually, bill, though. to ‘‘the good people of China.’’ You vis-
either unnecessary or excessive. We just passed a large coronavirus ited China, Mr. President. The people
On the non-COVID front, there is the relief bill in December, the fifth of China are wonderful people. They
$86 billion bailout for multiemployer coronavirus relief bill that Congress are engaging. They are smart. They
pension plans, the billions for climate has passed, and a lot of the money from have a great sense of humor. They have
change and other environmental policy that bill hasn’t been spent yet. In fact, built an extraordinary economy.
issues, a new taxpayer-funded leave a lot of money from earlier coronavirus I wish I could say the same about
program for government employees bills has not been spent. Yet Demo- their authoritarian government, but I
with no requirement that it be used for crats are throwing massive additional can’t. The Communist Party of China
COVID–19, and I could go on. amounts of money at various recipi- is trying to not only swallow China, it
The version of the bill that came ents with no idea—no clear idea—of is trying to swallow the world.
over from the House contained such whether or not that money will be We helped the Communist Party of
non-COVID-related measures as $100 needed or, in some cases, when we China be admitted into the World
million for an underground rail project know very well that that money isn’t Trade Organization. We were told that
in the House Speaker’s home State and needed. if we did, they would embrace free en-
$1.5 million for a bridge in the Demo- Republicans will be introducing terprise. We were told that the Com-
cratic leader’s home State, plus a mas- amendments to the Democrats’ bill. I munist Party of China would be a valu-
sive increase in the Federal minimum am introducing an amendment to undo able participant in a stable world
wage that would cost an estimated 1.4 the Biden administration’s freeze on order. None of that has come to be the
million jobs, according to the Congres- the Coronavirus Food Assistance Pro- case.
sional Budget Office, and potentially— gram, which has provided support for We know what the Communist Party
potentially—devastate small busi- farmers and ranchers who have been of China has done to Hong Kong. We
nesses already reeling from the effects hit hard by the pandemic. know what the Communist Party of
of the coronavirus. I hope some of my less extreme China has done to the Uighurs. We
SSpencer on DSK126QN23PROD with SENATE
Then there are the ostensibly COVID- Democratic colleagues will join Repub- know what the Communist Party of
related measures, such as $350 billion licans to advance some of our amend- China has done to the wonderful, won-
for States. So what is the big problem ments, such as Senator GRAHAM’s derful people of Tibet. But I did want
there? Well, States don’t need any- amendment to change the distribution to make that distinction between the
where near that much money to weath- formula for States to the formula used authoritarian government of the Com-
er the rest of the pandemic. The vast in the bipartisan CARES Act, which munist Party of China and the Chinese
majority of States are not in crisis, passed unanimously here in the Senate, people.
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\CR\FM\G04MR6.009 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1043
The Communist Party of China, My bill has—our bill, because the taught, the activities carried out, the re-
being as aggressive as it is, has for a Senate passed it twice. Twice this bill search grants that are made, and who is em-
number of years reached out to our col- has passed the U.S. Senate, the last ployed at the Confucius Institute.
leges and universities to establish what time with bipartisan support. We put f
the Communist Party of China calls the bill on the NDAA, and, Mr. Presi- AMERICAN RESCUE PLAN ACT OF
‘‘Confucius Institutes.’’ And this was dent, you know how conference com- 2021
the pitch made by the government of mittees work with the NDAA. Some-
Mr. KENNEDY. Mr. President, since
China to our universities: ‘‘We will give times it is a ferret fire drill, and there we have a few minutes here—I think
you bucket loads of money if you’’— is a lot of confusion, and somehow the Senator SANDERS is supposed to be
our American universities—‘‘will allow Confucius Institute bill got watered next—I just thought I would take a few
us to establish Confucius Institutes down to do nothing in the conference minutes to talk about President
where we can explain our culture to negotiations on the NDAA. I am not Biden’s coronavirus bill.
the young people of America, where we criticizing anybody, but it happened. Let me see if I can explain why so
can have a free exchange of ideas, and So I am going to ask my colleagues many of my Republican colleagues—
where we can help young Americans on both sides of the aisle to pass the and I am a part of that—are dis-
learn the Chinese language if they Confucius Institute Act for a third appointed in the bill. This bill will be
would like.’’ time, and I hope, in our new Congress, our sixth coronavirus bill. I don’t think
That sounds great. You know, I will we can keep teeth in it in working with anybody, any fair-minded person, can
take a dozen of those. But the Com- our colleagues, not only in the Senate accuse the U.S. Senate, both Demo-
munist Party of China being the Com- but in the House. crats and Republicans, of not trying to
munist Party of China, that is not how Toward that end, I ask unanimous respond to this devastating virus and
our Confucius Institutes have worked consent that the Senate proceed to the the economic problems it has created.
out. immediate consideration of S. 590, in- I have been very proud, within the
These institutes, run by the authori- troduced earlier today. first five bills, that we did it on a bi-
tarian Government of China, will not The PRESIDING OFFICER. The partisan basis. We spent a lot of
allow the free exchange of ideas. They clerk will report the bill by title. money, about $4 trillion. That is 4–0-0–
will not allow anyone to talk about the The legislative clerk read as follows: 0-0–0-0–0-0–0-0–0-0 taxpayer dollars.
Uighurs or the people of Tibet or Hong
A bill (S. 590) to establish limitations re- And, of course, we don’t even have 5
Kong or what happened at Tiananmen garding Confucius Institutes, and for other percent of that. We borrowed every bit
Square. They basically—‘‘they’’ mean- purposes. of it. It is a staggering sum. But we did
ing the Communist Party of China—
There being no objection, the Senate it because we had a crisis. We had to
have used these Confucius Institutes as
proceeded to consider the bill. deal with it. That is what we were sent
propaganda arms of their government.
Many of our universities have done Mr. KENNEDY. Mr. President, I ask up here to do. We did it on a bipartisan
the right thing. They have said: No, we unanimous consent that the bill be basis. But this, the last bill, President
stand for the free exchange of ideas, considered read a third time and passed Biden’s most recent bill—we call it the
and if you are going to come on our and that the motion to reconsider be $1.9 trillion bill—we haven’t done it on
campus and tell our people that there considered made and laid upon the a bipartisan basis. I am disappointed in
are things they can’t talk about, then, table. that.
The PRESIDING OFFICER. Is there I understand politics. The Presiding
respectfully, you need—you, the Confu-
objection? Officer does too. But I listened very
cius Institutes—to leave our campus.
But some of the universities haven’t Without objection, it is so ordered. carefully to President Biden through-
done the right thing. I am not sug- The bill (S. 590) was ordered to be en- out the campaign and in his 6 weeks of
gesting that—I am not cynical enough grossed for a third reading, was read this administration, and he said very
to suggest that it is all about the the third time, and passed, as follows: clearly and repeatedly: You know, I
money, but you can’t ignore the fact S. 590 want to work with everybody. What I
that I think the Communist Party of Be it enacted by the Senate and House of Rep- heard him say to the Republicans was:
China has given our universities, resentatives of the United States of America in You know, I want to meet you halfway.
through the years—don’t hold me to Congress assembled, I don’t mean any disrespect, but if
this figure exactly—but about $150 mil- SECTION 1. SHORT TITLE. that is the case, either he or the people
lion to set up these Confucius Insti- This Act may be cited as the ‘‘Concerns around him are not very good judges of
tutes. Universities, you know, they Over Nations Funding University Campus In- distance.
build that money into their budget, so stitutes in the United States Act’’ or the It has been made very clear to us
they are reluctant to see the Confucius
‘‘CONFUCIUS Act’’. that there would be no negotiations on
Institutes leave—not all of our univer-
SEC. 2. RESTRICTIONS ON CONFUCIUS INSTI- this bill and that President Biden de-
TUTES. cided to proceed to reconciliation,
sities but some of them. I recognize the (a) DEFINITION.—In this section, the term
economic reality. which only requires a majority. And I
‘‘Confucius Institute’’ means a cultural in-
I have a bill that would say to—we think we both expect there to be 50
stitute directly or indirectly funded by the
wouldn’t get rid of Confucius Insti- Government of the People’s Republic of Democratic votes in favor of this bill
tutes. It will just tell our universities: China. and 50 Republican votes against it, and
You have to properly manage them. (b) RESTRICTIONS ON CONFUCIUS INSTI- Vice President HARRIS will break the
You can’t allow the Confucius Insti- TUTES.—An institution of higher education tie. That is not a bipartisan bill, and I
tutes to stay on your campus if the or other postsecondary educational institu- regret that, and I think it could have
tion (referred to in this section as an ‘‘insti- been different.
Confucius Institutes will not allow for
tution’’) shall not be eligible to receive Fed- You know, we can debate about
the free exchange of ideas. eral funds from the Department of Education
If kids—I shouldn’t call them kids. If whether we need $1.9 trillion, and I un-
(except funds under title IV of the Higher
young people in our universities want derstand there are good arguments on
Education Act of 1965 (20 U.S.C. 1070 et seq.)
to talk about Tibet, they get to talk or other Department of Education funds that both sides. I have heard the arguments,
about Tibet. And the bill would say are provided directly to students) unless the and I have listened carefully to my
that the universities have to take back institution ensures that any contract or Democratic friends explain why they
control of these Confucius Institutes agreement between the institution and a think we need it. There is another side
Confucius Institute includes clear provisions of the story, and that is that, thank
SSpencer on DSK126QN23PROD with SENATE
from the Communist Party of China;
otherwise, they are not going to be eli- that— the Lord, we enjoyed 4 percent GDP
(1) protect academic freedom at the insti- growth last quarter. Most economists
gible for Federal funds. tution;
My bill, once again, doesn’t kick any- reckon that we will have about 6 per-
(2) prohibit the application of any foreign
body off campus. It just says you have law on any campus of the institution; and cent GDP growth this year. The Amer-
to—you, the Communist Party of (3) grant full managerial authority of the ican people have about $1.6 trillion in
China, have to do what you originally Confucius Institute to the institution, in- excess savings. We have all this liquid-
told us you were going to do. cluding full control over what is being ity that, as soon as it is allowed to be
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\CR\FM\G04MR6.011 S04MRPT1
S1044 CONGRESSIONAL RECORD — SENATE March 4, 2021
released, is going to stimulate our some Americans who need help, but if Act—‘‘we,’’ meaning the Republicans—
economy substantially, in my judg- what the President is saying is accu- we went through reconciliation. We
ment. rate, then why is so much of the money did. And so a fairminded person might
Everyone involved is doing a wonder- not even going to be spent until a year be thinking, well, KENNEDY, you know,
ful job on the vaccines. President from now? how can you criticize your Democratic
Trump’s team did a wonderful job. I look at the bill, and I say, if all colleagues for using reconciliation if
President Biden’s team is doing a good that is true to deal with an immediate you did it? And that is fair, except
job. The Governors seem to be doing a crisis, why are we giving money to when we did the Tax Cuts and Jobs
great job. People are getting vac- States and local governments that Act, we asked our Democratic friends
cinated. We know that we have a lot of have actually seen their revenues go in leadership: Can we sit down and see
people in America who had the virus up? Why? There is no crisis. And I look what we can put together? And we were
and didn’t even know it. We are rapidly at the bill and I ask myself, you know, told: No, we don’t want to reduce taxes.
approaching the point where, either why are we giving money to bail out That is not what happened this time.
through vaccination or people who had pension plans? Can we talk about this? Ten of my colleagues—I wasn’t invited,
the virus and therefore have the anti- And I look at the bill and I say, why, as and that is OK. But 10 of my colleagues
bodies, we are going to have way over I just alluded to, why are we giving $160 went to the White House and visited
the majority of American people pro- billion—I think that is the figure—$160 with President Biden for 2 hours and
tected. billion to our elementary and sec- came back and said: You know, I think
So one point of view is that we don’t ondary education institutions when we he may want to put a bill together.
need to spend $1.9 trillion, but there have given them $70 billion in the past And we were excited. We were going:
was a middle ground here, and I am dis- and they have only spent $4 billion? Yay, that is great. Wonderful.
appointed that the President took the Where is the fire? They have $65 billion Then, the next thing we knew, the
position that, look, we need to spend $2 or so left. This is real money. There is White House issued a statement and
trillion right now, even though there is no money fairy. said: Our idea of unity is to do what we
$1 trillion at least in previously appro- I look at the bill—I mean, I want to say and don’t ask questions.
priated funds that we haven’t spent help the American people. Gosh, many Both of us know that is not unity.
yet. of them do need help. But should we So all of this could have been avoid-
Now, a reasonable approach would really be sending stimulus checks to ed. It all could have been avoided. And
have been to say: Do we really need to people who have never missed a pay- I think we are going to end up spending
spend $2 trillion? Maybe we ought to check out there? Do they really need money that doesn’t need to be spent
spend the other $1 trillion and see if the money if they haven’t been laid off right now. I think we are going to end
that will do it. Another reasonable ap- and if they have been paid the entire up spending money where we don’t
proach would have been to say: Maybe time of the lockdown? Why are we need to spend it.
we ought to reprogram some of the $1 doing this? I am so glad that Senator SCHUMER
trillion that hasn’t been spent. For ex- Couldn’t that money—first of all, one withdrew his bridge project and that
ample, we appropriated I think about option is not to spend it if there is not Speaker PELOSI withdrew her Silicon
$70 billion to our elementary and sec- a need. We can pay down our debt or at Valley subway. That is just spending
ondary schools. They have only spent least not increase our debt. Another porn as far as I am concerned.
$4 billion, so why are we giving them option would be to spend it on some- But, in any event, I wanted to get
another $160 billion in President thing that we really need. that off my chest. We are going to go
Biden’s bill? Maybe—I am not saying it I come to the conclusion—I am not through a vote-arama, where we all
is the case, but we ought to explore it— trying to be mean-spirited, but that is offer amendments. Maybe together we
maybe the schools didn’t need the full why I say calling this a coronavirus can make this bill better and get rid of
$70 billion we gave them if they have bill, you know, it is like calling Harvey some of the spending porn, as I call it,
only spent $4 billion or $5 billion. So Weinstein a feminist. This isn’t a and do the job that the American peo-
maybe we can reprogram some of that coronavirus bill, not the way it has ple sent us here to do.
money. been portrayed. Thank you.
Now, if we had this money sitting in Now, the American people still have I don’t see Senator SANDERS. I’m
a checking account, I would still needs. We still have some folks, pri- sorry.
think—because it represents a scarce marily in the leisure industry and in With that, I yield to my good friend
resource, I would still think that we the travel industry, who need our help. Senator PETERS.
need to take a look at the money we They do need help. The PRESIDING OFFICER. The Sen-
have already sent and either spend it, We have a lot of folks who have lost ator from Michigan.
if it is well placed, or reprogram it be- their jobs through no fault of their f
fore we go out and spend $2 trillion. own. They are on unemployment that
But we don’t have the money in a is about to run out. They need our AMERICAN RESCUE PLAN ACT OF
checking account. We will borrow help, and we ought to help. But the 2021
every penny of this money, $2 trillion. right way to do this is to sit down as a Mr. PETERS. Mr. President, as we
That is going to bring debt up to 27, 28, body—Democrats and Republicans— near the 1-year anniversary of the
29 trillion dollars, and we know that and go through our needs, not our coronavirus pandemic ripping our
right behind it is going to come a green wants, because that is another problem country, there is no question that
infrastructure bill. I am hearing that with this bill; it is more ‘‘wanty’’ than Michiganders and people all across our
could be $2 trillion to $3 trillion more. needy. Let’s go through our needs, and country are still hurting.
At some point, we are going to run out let’s discuss how much money we While we are making important
of digits. I mean, at some point, we are should appropriate to those needs in progress in the fight to combat this
going to have to change the name of light of the facts that we have already virus, this public health and economic
the Department of Treasury to the spent $4 trillion and we have a bunch of crisis continues to take a significant
‘‘Department of Debt’’ because there is money left over. And that is not the toll on families, workers who are out of
no treasury left. It is all debt. way this is being done. a job, educators, students, small busi-
The other thing that bothers me This is just being rammed down our nesses, hospitals, and communities all
about the bill is President Biden—and, throats. This is just raw gut politics, across our country.
SSpencer on DSK126QN23PROD with SENATE
again, I understand politics. He has which I understand. I have been around We passed targeted, temporary relief
marketed this bill as an emergency. It it. You have, too, Mr. President. We in December, but we knew at that time
is an emergency. We have to do it now. have both been around the block a few that that was not going to be enough.
Right now, we need $1.9 trillion to deal times. But that is not how you allocate We need more robust, meaningful re-
with the economic crisis caused by the scarce resources. lief. We must act quickly to meet the
lockdown. And I understand that argu- The final point I will make is, I know urgency of this moment by swiftly
ment and that there currently are when we did the Tax Cuts and Jobs passing the American Rescue Plan.
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\CR\FM\G04MR6.013 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1045
This is about relief for Michiganders In response to the negative impact vaccine makers, especially those in my
and Americans who are reeling and are that COVID–19 has had on education, a home State of Michigan, we now have
trying to make ends meet, funding to stronger and urgent investment in our three safe and effective vaccines. But I
help schools safely reopen, sources to schools is absolutely critical for know that many people have been frus-
speed up vaccine distribution, and sup- achieving safe operations and recov- trated and darn right angered by the
port for small businesses fighting to ering from gaps in learning. That is difficulties they have had in trying to
stay afloat. why the American Rescue Plan is abso- secure vaccines for their loved ones or
I continue to hear from Michiganders lutely essential. for themselves. I am encouraged that
from all across the State who are This legislation will provide $170 bil- President Biden and his administration
struggling to put food on the table, pay lion in emergency funding to our have been working tirelessly to expand
their rent, and keep the lights on. schools and to our students, with $130 vaccine production and speed up vac-
These folks are not asking for a hand- billion for K–12. The funding will help cine distribution. But to get those ad-
out; they simply want a lifeline to get schools take steps based on science and ditional vaccines into people’s arms, it
to the other side of the pandemic. recommended by the CDC to ensure will take additional resources.
When we passed $600 relief checks in that students and educators can safely Through my work on the Senate
December, I pledged that we must do return to the classroom. This includes Homeland Security Committee, I have
more and that we could do that by pro- repairing ventilation systems, reducing been leading the charge to ensure that
viding people with an additional $1,400 class sizes, implementing social the Federal Emergency Management
to fulfill the promise of $2,000 in relief distancing guidelines, purchasing per- Agency has the essential staff, sup-
funds. With the American Rescue Plan, sonal protective equipment, and hiring plies, transportation, and other re-
the majority of Michiganders and support staff to care for students’ sources necessary to ensure that every
Americans who received these relief vaccine dose is actually reaching an
health and their well-being.
checks in December are going to be eli- Every family and community has arm in this country.
gible once again. been facing a very unique set of chal- I have spoken with President Biden
This bill would mean a family of four both in the Oval Office and at the
lenges, and we need to provide robust
could receive an additional $5,600. That Pfizer vaccine facility in Portage, MI,
funding so schools and parents have
support is vital to make sure that peo- about the critical need to expedite the
what they need to keep children con-
ple don’t fall into poverty as a result of deployment of vaccines and to do ev-
nected with learning opportunities
this pandemic and that they can get erything—do everything in our power
back up on their feet as quickly as pos- that are both safe and effective.
And while these are important steps, to ensure vaccines are free and widely
sible. available in every community as
We know that millions of workers we also know that if we are going to
come back stronger from this pan- quickly and as efficiently as possible.
across our country, including workers The American relief plan includes $50
in Michigan, are on the verge of seeing demic, we also need to support the very
backbone of our economy, which is our billion to help FEMA support a na-
unemployment benefits expire on tional vaccine program to efficiently
March 14. We cannot abandon folks small businesses. While we have passed
administer vaccines, including under-
who are out of work through no fault of several rounds of relief for small busi-
served communities. It also provides
their own because of COVID–19. They nesses, too many of our hard-hit small
frontline medical professionals the per-
have seen this pandemic disrupt their businesses are still reeling—from res-
sonal protective equipment, testing
jobs and their incomes. The need for taurants to boutiques, to family-owned
supplies, and workforce needed to slow
unemployment assistance is wide- and minority-owned businesses.
and to eliminate the spread of COVID–
spread, and it is necessary in Michigan. The American Rescue Plan has sig-
19.
For example, there were over 840,000 nificant small business relief, including
All of these resources are mission
active claims for Michiganders for un- $25 billion in grants for restaurants and critical as FEMA plays a leading role
employment assistance in Michigan bars that have lost revenue because of in assisting the Federal Government’s
just in February. That is up from the pandemic; $15 billion for economic response to COVID–19 by coordinating
529,000 in January. And these claims injury disaster loan advance grants; $7 medical supply acquisition and dis-
for assistance come from every single million in funding for Paycheck Pro- tribution and assisting State and local
county all across our State. We need to tection Program loans and expanded governments with funds for response
act now so these individuals remain el- eligibility for nonprofits. activities, such as vaccine distribution
igible for unemployment benefits, in- Additionally, this package reauthor- and overtime pay for public health offi-
cluding if they were self-employed izes and provides $10 billion in Federal cials.
workers, like small business owners, funding—including $1.5 billion specifi- As we consider the American Rescue
freelance workers, independent con- cally for minority-owned small busi- Plan, there are signs of hope, particu-
tractors, or gig workers. We must en- nesses—to the State Small Business larly with ramped-up vaccine produc-
sure families receiving unemployment Credit Initiative. tion. We are beginning to emerge from
have enough assistance to get by, I was proud to help establish this a very dark winter, but our work is not
which is why I support an additional program in 2010 while serving in the done.
$400 in weekly benefits. We also need to House of Representatives. This pro- We cannot be complacent. We cannot
provide certainty that this assistance gram is a proven success. In Michigan, let up. This virus does not take a day
will continue to be there for them in it has helped small businesses create or off, and neither can we.
the months ahead, not just for the next retain over 12,000 jobs, and it strength- We must pass the American Rescue
few days. The American relief plan will ens State programs that support fi- Plan. This package is not only what
do just that by bolstering our State un- nancing of small businesses, allowing the American people need, but it is
employment programs with additional them to both grow and to create more what they want. There is widespread
Federal support through August 29. jobs. support across the country for this
To help families get back to work, we I am pleased to again champion this package—from mayors to Governors,
all know that we must also safely re- program, and with additional invest- to economists across the political spec-
open our schools. Many parents and ment, it will again provide crucial sup- trum, and the majority of the Amer-
educators are struggling to assist chil- port to small businesses in Michigan ican people.
dren through lessons while juggling and all across our country. We must deliver comprehensive and
And, finally, to completely get this urgently needed relief so we can do just
SSpencer on DSK126QN23PROD with SENATE
other work and caregiving demands
during the pandemic. The American pandemic under control, we must ramp that by passing the American Rescue
Rescue Plan reflects a point of con- up the distribution of vaccines. That is Plan. This package will not mark the
sensus that we want our students to re- one of my top priorities as chairman of end of our efforts to crush this virus,
turn to in-person learning as quickly the Committee on Homeland Security but it will provide a massive shot in
and as safely as possible. And the more and Government Affairs. the arm to help families, to safely open
resources that we can provide, the bet- Thanks to the extraordinary work of up our schools, and to accelerate the
ter. our scientists, our researchers, and our development of more vaccines.
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\CR\FM\G04MR6.014 S04MRPT1
S1046 CONGRESSIONAL RECORD — SENATE March 4, 2021
So, with that, I urge all of my col- about women; and that is why it is sup- Now, I know that, here in Wash-
leagues to support the motion to pro- ported by groups like Unidos, the ington, anytime we bring forth serious
ceed and final passage. American Association of University and important legislation for working
I suggest the absence of a quorum. Women, Indivisible, Justice for Mi- people, the Big Money interests get to
The PRESIDING OFFICER. The grant Women, the National Domestic work, and all of their lobbyists, who
clerk will call the roll. Workers Alliance, and the National make their six figures or seven figures
The legislative clerk proceeded to Women’s Law Center. a year, they get to work on Congress
call the roll. So, once again, this is legislation and tell you why you can’t do anything
Mr. SANDERS. Mr. President, I ask that will increase wages for 30 million to protect the most vulnerable and
unanimous consent that the order for American workers. And if you ask me hard-hit people in this country.
the quorum call be rescinded. what the great economic crisis in our So the National Restaurant Associa-
The PRESIDING OFFICER. Without country is today, it is not just high un- tion, they are a very powerful lobbying
objection, it is so ordered. employment; it is not just income and organization. I guess they have been
f wealth inequality; it is that half of our enormously successful because we have
FEDERAL MINIMUM WAGE people today, and before the pandemic, not raised the Federal minimum wage
were living paycheck to paycheck. since 2007. So the powerful lobbying or-
Mr. SANDERS. Mr. President, later Their wages were so low that if they ganizations are going around, and they
today or tomorrow, as part of the had a problem with their car or their are telling Members of the House and
American Rescue Plan, which we will kid got sick, suddenly they were in fi- the Senate that raising the tipped wage
be discussing in the next few days, nancial crisis. is opposed by restaurant workers and it
which I happen to believe is the most And in the richest country in the his- would be harmful to the interest of
significant piece of legislation to come tory of the world, half of our people waiters and waitresses and other peo-
to the floor of the Senate in decades in should not be facing economic despera- ple.
terms of addressing the crises facing tion when their car breaks down. The That is not true. That is what lobby-
working families—as part of that piece reason for that is, significantly, that ists say, representing Big Money inter-
of legislation, I will be offering an many millions of workers are earning ests. That is what they are paid to say,
amendment to raise the Federal min- starvation wages—and I underline that, but that is not what workers who wait
imum wage from $7.25 an hour, which I starvation wages—in this country. on tables are telling us.
believe is a starvation wage, to $15 an I would love to hear anybody get up One Fair Wage, a grassroots organi-
hour over a 5-year period—5 years. here and tell me that they could live zation representing service employ-
I think there has been some on seven and a quarter an hour, they ees—waiters, waitresses, and others—
miscommunication around here, and could live on 8 bucks an hour, they has just delivered to the White House a
there are people who are saying it is could live on 9 bucks an hour. You petition with 140,000 signatures on it
going from 7.25 to 15 bucks an hour in can’t. And I have been all over this from service workers who are demand-
1 year. Not true. It goes from 7.25 to country, and I have talked to workers ing that they receive the same min-
9.50, to 11, to 12.50, to 14, to 15 dollars who are making 10, 11 bucks an hour, imum wage as every other worker in
an hour. So anyone who says we are with tears streaming down their this country. And polling among serv-
raising the minimum wage in 1 year, in cheeks, telling me what it is like to ice employees and nonservice employ-
the midst of a pandemic, to $15 an hour work for starvation wages and try to ees also supports the reality that
is simply not telling the truth. raise your kids. Americans want our waiters and our
This amendment is similar to a bill So the time is long overdue. The last waitresses and other service employees
which I have brought forth, the Raise time this Congress passed an increase to get a fair and equal minimum wage,
the Wage Act, which I am proud to say in the minimum wage was in the year similar to what other low-wage work-
has been cosponsored by some 38 Mem- 2007—2007. It is time to raise the min- ers are receiving.
bers of the Senate, and this is also imum wage. It is time to raise the min- Now, I have heard from some who tell
similar to legislation which has al- imum wage to a living wage of 15 bucks me that people who are waiting on ta-
ready passed the U.S. House of Rep- an hour. bles—and, by the way, I was one of the
resentatives. And I thank them, and I Now, later on today or this evening, worst waiters in the history of the
thank my friends in the Progressive as part of my support for this enor- country, but I was a waiter a long time
Caucus in the House for doing a great mously important piece of legislation— ago. I know a little bit about it. I am
job in pushing this legislation. and, as chairman of the Budget Com- hearing from some that waiters and
I should also add, for my Senate col- mittee, I will be speaking more about waitresses, they are doing really well,
leagues, that this legislation raising why we need to raise the minimum making a whole lot of money, and they
the minimum wage is supported by wage, but I want to focus on one part of don’t need an increase in the minimum
some 300 national organizations, in- the minimum wage bill that I have wage.
cluding the 12 million members of the been hearing a little bit about in the Let’s be clear. When you talk about
AFL–CIO and virtually every major last couple of days from some of my the restaurant and the hotel industry,
union in this country. This is some- colleagues, and that is the provision to you are talking about mass discrep-
thing that unions like the SEIU, one of raise the tipped wage. ancies in the kind of incomes that peo-
the largest unions in this country, Now, the tipped wage, so everybody ple receive. I will not deny it for a sec-
have been fighting for, for a very long understands it, is the Federal min- ond. My daughter worked in a fancy
time. imum wage that applies to waiters and restaurant. She did quite well.
I should also add here that while waitresses, barbers, hair stylists, park- So if you are working in a hotel in a
raising the minimum wage is going to ing attendants, and others. Fellow fancy restaurant where you have a
impact every low-wage worker in this Americans, do you know what that menu that is quite expensive—you have
country—because African-American Federal minimum wage today is for got a $100 meal and your 20 percent is
and Latino workers often are earning that person who waits on your table at 20 bucks, you are waiting on three or
poverty wages—it significantly im- a restaurant? It is $2.12 an hour. Yeah, four tables—you are doing OK. I don’t
pacts the lives of the minority commu- you heard me correctly: $2.12 an hour. deny that for a second, and I wish those
nities as well. That is why, among so And the proposal, as part of the min- waiters and waitresses who work so
many other organizations supporting imum wage bill, the amendment that I hard continued success.
SSpencer on DSK126QN23PROD with SENATE
this amendment, it is supported by the will be offering, is that tipped min- But let us be clear. Not everybody
Leadership Conference on Civil and imum wage would go up from $2.12 an works in a fancy restaurant or a big
Human Rights; it is supported by the hour to $14.95 over a 7-year period, hotel which has a high-priced menu.
National Organization for Women be- longer than the overall national min- You have got a whole lot of people
cause, again, when we talk about low- imum wage would go up. And this is working in diners, working in working-
wage workers, we are talking about the something that clearly is desperately class restaurants where the menu is
minority community, we are talking needed. not that fancy, and maybe it is $10 for
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\CR\FM\G04MR6.016 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1047
lunch or $8 for lunch. Twenty percent qualify for unemployment. So we are stand with working families, and the
of that is $1.60, on an $8 meal. talking now, in this bill, of substan- most important thing that we can do is
Let us be very clear that, when we tially increasing unemployment—a $400 to raise the minimum wage to a living
talk about waiters and waitresses, supplement—and we are talking about wage. This is what Joe Biden believes.
some 70 percent of tipped workers in extending it to late August. But tip This is what the Democratic platform
this country are women, who suffer workers, whose minimum wage is so stands for, and this is what at least 38
from three times the poverty rate of low, do not even qualify for unemploy- cosponsors of the Raise the Wage Act
the rest of the U.S. workforce. In other ment. also believe.
words, women who are waitressing In an industry where more than 6 So here we are at a pivotal moment.
have a three times higher poverty rate million workers have lost their jobs— The working class is being decimated.
than the rest of the U.S. workforce. and, obviously, we all know the res- People are struggling to feed their
Their tips are not keeping up with taurant and hotel industry have been kids. We have to raise wages in this
their needs. These women waitresses terribly hard-hit by the pandemic— country, and we have to raise the
use food stamps at double the rate of more than 60 percent of subminimum wages of tip workers.
other workers in this country. wage earners could not get unemploy- I will be back later for more on this.
And, importantly, and increasingly ment benefits because the State and I yield the floor.
so—amazingly, during this pandemic— Federal Government denied them bene- The PRESIDING OFFICER (Mr. VAN
waitresses suffer from the highest rates fits for not making enough earned in- HOLLEN). The Senator from Vermont.
of sexual harassment of workers in any come. You all got that? Mr. SANDERS. Mr. President, I ask
industry because they are forced to tol- So we are talking about the need— unanimous consent to have printed in
erate inappropriate customer behavior and I certainly agree with that—to ex- the RECORD a letter dated February 22,
to feed their families through the tips pand and extend unemployment bene- 2021, about tip wages, signed by hun-
that they get. fits, but you have a whole lot of work- dreds of organizations.
We are hearing stories where people ers who are earning starvation wages There being no objection, the mate-
in a restaurant, guys in a restaurant who are not going to be eligible for un- rial was ordered to be printed in the
say: Well, take your mask off. You employment. RECORD, as follows:
want a tip; let me see how you look. At the same time, as restaurants re-
FEBRUARY 22, 2021.
And, clearly, this is unacceptable be- open, the CDC has declared restaurants DEAR MEMBERS OF CONGRESS: The under-
havior. as the most dangerous place to work. signed organizations enthusiastically sup-
I also want to point out that the idea We all know that. It is obvious. You port the Raise the Wage Act of 2021, as intro-
of moving tip wages to the same level are coming face-to-face with your cus- duced in the Senate by Senators Bernie
over a period—in this case, 7 years— tomers. And now servers, in the midst Sanders (VT) and Patty Murray (WA), and in
of that, are responsible—you are a the House by Representative Robert C.
moving it to the same level as the
waiter, you are a waitress, and you are ‘‘Bobby’’ Scott (VA).
overall minimum wage is not a radical If enacted, the Raise the Wage Act of 2021
idea. It ain’t a Bernie Sanders idea. It now responsible—for telling somebody
would:
already exists. I don’t know if people who walks into your restaurant that
Gradually raise the federal minimum wage
know this. It already exists in seven they must socially distance themselves to $15 an hour by 2025;
States. So in seven States, right now, or wear a mask. It is not necessarily a After 2025, adjust the minimum wage each
people who work in the service indus- comfortable position for a worker deal- year to keep pace with growth in the median
try—waiters, waitresses, and others— ing with a hostile customer. wage—a measure of wages for typical work-
I would also add, as all of us are in- ers;
are getting the same minimum wage as
creasingly aware of sexual harassment Phase out the egregious subminimum wage
all the workers in those States. And for tipped workers, which has been frozen at
in general in this country, that the res-
those States are California, Oregon, a meager $2.13 since 1991; and
taurant industry has some of the high-
Washington, Nevada, Montana, Alaska, Sunset unacceptable subminimum wages
est rates of sexual harassment. In a
and Minnesota. Seven States already for workers with disabilities employed in
workplace where 70 percent of the sheltered workshops and for workers under
pay their service industry workers the
workers are women and where they age 20.
same wages as they pay other min- rely on their customers to determine
imum-wage workers. Since fast-food workers in New York City
their wages because of tips, women are first walked off the job in 2012, demanding a
And I should point out that all of
often expected to withstand sexual har- $15 minimum wage and the right to form a
these States experienced a growth in union, workers across the country have com-
assment in order to get those tips.
the number of small businesses and res- In States where the subminimum pletely changed the conversation and poli-
taurants after they abolished the tip wage has been eliminated, sexual har- tics surrounding the minimum wage. Yet, 20
minimum wage. So they abolished the assment has been cut substantially be- states still have not raised their minimum
tip minimum wage; it did not drive res- wages beyond the paltry $7.25 federal min-
cause women no longer have to take
taurants out of business. In fact, in imum wage, and many more have only mar-
that. It is not an all-or-nothing propo- ginally higher minimum wages than the fed-
those States where the tip minimum sition. eral floor—despite clearly negative impacts
wage equaled the general minimum If you ask me again what the major on workers across the country. Those nega-
wage, we saw a growth in the number economic crisis facing this country is, tive impacts also disproportionately affect
of restaurants. we know unemployment is sky-high, Black and brown workers, who have histori-
And, furthermore, to respond to an- we know income inequality is unac- cally been segregated into the lowest paying
other piece of misinformation, waiters ceptable, and so many other factors are occupations in the U.S., and who are leading
and waitresses in these States received out there about the economy, but at the Fight for $15 and a union.
more in tips, not less. So the mythol- the top of my list is the fact that tens Congress should heed the demands of work-
ogy that is going around here is that if ers of color, communities, and their con-
of millions of workers in the richest stituents and waste no more time in passing
we raise the minimum wage for waiters country on Earth are barely making it. the Raise the Wage Act. Raising the federal
and waitresses, when somebody walks They are having a hard time feeding minimum wage to $15 an hour and elimi-
into a restaurant, they are going to be their kids. They are having a hard time nating subminimum wages for tipped work-
thinking, ‘‘Oh, my goodness, this per- paying their rent. Many of them get in- ers, youth workers, and workers with dis-
son is making 10, 12 bucks an hour; I adequate or no health insurance at all. abilities is a long overdue, human rights im-
am going to leave less of a tip,’’ ain’t Now, year after year, the American perative and a critical racial and gender jus-
the way the world works. tice issue—one that will make a crucial dif-
SSpencer on DSK126QN23PROD with SENATE
people—I think, correctly—perceive
Let me also say a word about how the that this Congress bows to the wishes ference in the lives of millions of workers
pandemic, which has impacted workers and in communities across the country.
of the rich and the powerful, gives tax
Gradually raising the federal minimum
in every sector—but how it has im- breaks to people who don’t need it. We wage to $15 by 2025 would lift pay for nearly
pacted tip workers. In many States deregulate companies that should be 32 million workers—21% of the U.S. work-
where the tip minimum wage still ex- regulated, et cetera, et cetera. force. Affected workers who work year-round
ists, tip workers—and this is rather un- In this moment of economic and would earn an extra $3,300 a year—enough to
believable—tip workers did not even health crisis, now is the time for us to make a tremendous difference in the life of a
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\CR\FM\G04MR6.017 S04MRPT1
S1048 CONGRESSIONAL RECORD — SENATE March 4, 2021
cashier, home health aide, or fast-food work- had been raised at the same pace as produc- ciation of Florida; Feeding America Eastern
er who today struggles to get by on less than tivity growth since the late 1960s, it would be Wisconsin; Feeding Texas; Fight for $15 and
$25,000 a year. A majority (59%) of workers over $20 an hour today. a Union; First Focus Campaign for Children;
whose total family income is below the pov- In fact, an immediate increase in the min- Florida Policy Institute; Food Bank of
erty line would receive a pay increase if the imum wage is necessary for the health of our Northern Nevada; Food Chain Workers Alli-
minimum wage were raised to $15 by 2025. economy. A $15 minimum wage by 2025 would ance; Food for People; Food Research & Ac-
Raising the minimum wage to $15 and generate $107 billion in higher wages for tion Center (FRAC); For Our Future Action
eliminating subminimum wages will be par- workers and would also benefit communities Fund; Freedom Network USA; Friends Com-
ticularly significant for workers of color and across the country. Because underpaid work- mittee on National Legislation.
women workers, who have historically been ers spend much of their extra earnings, this Fund for Community Reparations for Au-
pushed into the most underpaid paid jobs injection of wages will help stimulate the tistic People of Color’s Interdependence,
through occupational segregation. Passing economy and spur greater business activity Survival, & Empowerment; Futures Without
the Raise the Wage Act would help narrow and job growth. Violence Gender Justice; Georgetown Law
both the racial pay gap and the gender pay It is long past time to pass the Raise the Center; Granite State Interfaith Action
gap. Of those whose pay would increase, Wage Act of 2021—and we call on all Mem- Fund; Granite State Organizing Project;
nearly 6 in 10 (59%) are women and more bers of Congress to finally give nearly 32 mil- Groundwork Action; Hawaii Appleseed Cen-
than a quarter (28%) have children. One- lion workers the raise they have fought so ter for Law & Economic Justice; Hawaii
third (31%) of African-American workers and hard to secure. Children’s Action Network Speaks!; HBCU
one-quarter (26%) of Latinx workers would A Better Balance; Action Center on Race & Collective; Hispanic Federation; Hometown
get a raise if the federal minimum wage were the Economy; Adelante Alabama Worker Action; Hunger Solutions Minnesota; Hunger
increased to $15. Almost one in four (23%) of Center; Advocates for Basic Legal Equality, Task Force; ICNA Council for Social Justice;
those people who would benefit is a Black or Inc. (ABLE); Advocates for Better Children’s Illinois Hunger Coalition; In The Public In-
Latina woman. African-American workers Diets; Advocates for Justice and Education, terest; Indiana Institute for Working Fami-
and Latinx workers are paid 10–15% less than Inc; AFL–CIO; AIDS Alabama; Alabama lies; Indivisible; Island Empire Labor Coun-
white workers with the same characteristics, Arise; Alameda County Community Food cil AFL-CIO.
so the Raise the Wage Act would deliver the Bank; Alianza Nacional de Campesinas; Institute for Women’s Policy research;
largest benefits to Black and Latinx work- Amara Legal Center; American-Arab Anti- International Brotherhood of Teamsters; Is-
ers—about $3,500 annually for a year-round Discrimination Committee (ADC); American lamic Relief USA; Islamophobia Studies Cen-
worker. The Raise the Wage Act will also de- Association of University Women (AAUW); ter; Jobs with Justice of East Tennessee;
liver increased wages to an estimated 1.45 American Federation of State, County and Just Economics of Western North Carolina;
million LGBTQ workers and would reduce Municipal Employees (AFSCME); American Justice at Work; Justice at Work (PA); Jus-
the proportion of male same-sex couples liv- Public Health Association; Americans for tice for Migrant Women; Juvenile Law Cen-
ing in poverty by one-third and female same- Democratic Action (ADA); Americans for ter; Kentucky Center for Economic Policy;
sex couples by almost one-half. There would Tax Fairness; AnitaB.org; Asian Pacific Kentucky Equal Justice Center; Labor Coun-
be similar reductions in poverty among American Labor Alliance, AFL–CIO. cil for Latin American Advancement; Lamb-
LGBTQ people who are not in same-sex cou- Asian Pacific Institute on Gender-Based da Legal; Land Stewardship Project;
ple households, with the largest gains for Violence; Asset Funders Network; Autistic LatinoLEAD; The Leadership Conference on
those with the highest rates of poverty— Self Advocacy Network; Be A Hero; Bend the Civil and Human Rights; Legal Aid at Work;
Black, Latinx, bisexual, and transgender Arc Jewish Action; Bet Tzedek Legal Serv- Legal Aid Justice Center; Legal Aid Society
adults. ices; Black Visions; Block Builderz; Border of the District of Columbia.
Raising wages has never been more urgent Workers United; Bridgeways; Business for a Legal Momentum, the Women’s Legal De-
than during this pandemic. Essential and Fair Minimum Wage; Business For Good San fense and Education Fund; Living United for
frontline workers make up a majority of Diego; CAAP; California Association of Food Change in Arizona (LUCHA); Long Beach Al-
those who would benefit from a $15 minimum Banks; Campaign for America’s Future; Car- liance for Clean Energy; Louisiana Budget
wage. Members of Congress should do more ing Across Generations; CASA; Casa de Projet; Macomb Immigrant Service Center;
than pay lip service to front line workers; Esperanza: National Latin@ Network for Maine People’s Alliance; MANA, A National
they should make sure they get higher Healthy Families and Communities; Center Latina Organization; Maryland Hunger Solu-
wages. The median pay is well under $15 an for American Progress; Center for Disability tions; Massachusetts Employment Lawyers
hour for many essential and frontline jobs; Rights. Association; Massachusetts Law Reform In-
examples include substitute teachers, nurs- Center for Economic and Policy Research; stitute; Meriden Congregational Church,
ing assistants, and home health aides. More Center for Law and Social Policy (CLASP); UCC; Michigan Immigrant Rights Center;
than one-third (35%) of those working in res- Center for LGBTQ Economic Advancement & Michigan League for Public Policy; Michigan
idential or nursing care facilities would see Research; Center for Popular Democracy; United; Milwaukee Area Service & Hospi-
their pay increase, in addition to home Center for Public Representation; Center for tality Workers Organization; Minnesota
health aides and other health care support Workers’ Rights; Center on Policy Initia- Voice; Mississippi National Organization for
workers. One in three retail sector workers tives; Centro de los Derechos del Migrante; Women; Missouri Faith Voices; Missouri
(36%) would get a raise, including 42% of Centro de Trabajadores Unidos en Lucha Jobs with Justice; MomsRising.
workers in grocery stores. More than four-in- (CTUL); Centro Legal de la Raza; Change Mothers Outreach Network; Muslim Advo-
ten (43%) of janitors, housekeepers, and Machine; Charlotte Center for Legal Advo- cates; NALC; National Action Network; Na-
other cleaning workers would benefit. Nearly cacy; Chicago Foundation for Women; Child tional Advocacy Center of the Sisters of the
two-thirds (64%) of servers, cooks, and other Care Aware® of America; Children’s Defense Good Shepherd; National Association of
food preparation workers would see their Fund; Civic Ventures; Clean Up the River Councils on Developmental Disabilities; Na-
earnings rise by $5,800 on a year-round basis. Environment (CURE); Clearinghouse on tional Association of Social Workers; Na-
For 6 million tipped food service workers, a Women’s Issues; Coalition for Labor Union tional Black Justice Coalition; National
majority female workforce, the subminimum Women, San Francisco; Coalition of Labor CAPACD-National Coalition for Asian Pa-
wage for tipped workers is a legacy of slav- Union Women. cific American Community Development;
ery that has been a source of poverty, sexual Coalition on Human Needs; Coalition to National Center for Law and Economic Jus-
harassment, and exposure to health risks Abolish Slavery & Trafficking; Communica- tice; National Center for Lesbian Rights; Na-
and hostile customers during the pandemic. tions Workers of America (CWA); Commu- tional Coalition Against Domestic Violence;
Ten million workers in health care, edu- nity Enabler Developer, Inc.; Community National Coalition for the Homeless; Na-
cation, construction, and manufacturing Legal Services, Philadelphia; Community tional Council for Occupational Safety and
would see a raise—representing nearly one- Organizing and Family Issues (COFI)/ Health; National Council of Churches of
third (31%) of the workers who would see a POWER–PAC IL; Congregation of Our Lady Christ in the USA (NCC); National Council of
raise. of Charity of the Good Shepherd, U.S. Prov- Jewish Women; National Council on Aging;
Contrary to what opponents of a living inces; Connecticut Women’s Education and National Disabled Law Students Association;
wage would argue, our economy can more Legal Fund (CWEALF); CRLA Foundation; National Disability Rights Network (NDRN).
than afford a $15 minimum wage. Workers DC Dorothy Day Catholic Worker; Demos; National Domestic Violence Resource Cen-
earning the current federal minimum wage Disability Rights DC at University Legal ter; National Domestic Workers Alliance;
are paid less per hour in real dollars than Services; Domestic Violence Legal Empower- National Employment Law Project; National
their counterparts were paid 50 years ago. ment and Appeals Project; Economic Oppor- Employment Lawyers Association; National
SSpencer on DSK126QN23PROD with SENATE
Businesses can afford to pay the most under- tunity Institute; Economic Policy Institute; Employment Lawyers Association—Eastern
paid worker in the U.S. today substantially Encuentro; Endangered Species Coalition; Pennsylvania; National Equality Action
more than what her counterpart was paid Equal Justice Center; Equal Pay Today; Team (NEAT); National Farm to School Net-
half a century ago. The economy has grown Equal Rights Advocates. work; National Health Care for the Homeless
dramatically over the past 50 years, and Equality Labs; Equity Advocates; Etowah Council; National Network to End Domestic
workers are producing more from each hour County Women’s Democratic Club; Etowah Violence; National Organization for Women;
of work, with productivity nearly doubling Democrats Club; Every Texan; Fair Work National Partnership for Women & Families;
since the late 1960s. If the minimum wage Center; Family Equality; Farmworker Asso- National WIC Association; National Women’s
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.002 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1049
Health Network; National Women’s Law land; Women’s Institute for Secure Retire- stroyed. We had 10 Republicans, I
Center; Native Women Lead; NC-NELA ment; Women’s Law Project; WOMEN’S think, go to the White House to offer
(North Carolina National Employment Law WAY; Worker Justice Center of New York; around $700 billion that would extend
Project); Network for Victim Recovery DC; Workers Defense Action Fund; Working
NETWORK Lobby for Catholic Social Jus- Families Party; Working Washington; Work-
checks, that would do vaccines, would
tice; New Earth; New Georgia Project. place Fairness; Workplace Justice Project at do a lot of things that we think we
New Hampshire Youth Movement; New Loyola Law Clinic; Worksafe; Young need to still do, but that went nowhere.
Haven Legal Assistance Association; New lnvincibles; YWCA USA; ZERO TO THREE. Another point for the American peo-
Mexico Center on Law and Policy; New Orle- The PRESIDING OFFICER. The Sen- ple: We are going to a partisan ap-
ans Workers’ Center for Racial Justice; ator from South Carolina is recognized. proach to COVID for the first time. I
North Carolina Justice Center; Northwest went over the amount of money we
f
Harvest; Northwest Workers’ Justice
have appropriated to the COVID prob-
Project; Oasis Legal Services; Ohio Orga- AMERICAN RESCUE PLAN ACT OF
nizing Collaborative; Oklahoma Policy Insti- lems the country has experienced, and
2021
tute; One Fair Wage; One Fair Wage Action; here is what I want you to understand.
One Pennsylvania; Operation Food Search; Mr. GRAHAM. Mr. President, I will We are going to spend $1.9 trillion in a
Our Revolution; Oxfam America; Parent try to be relatively brief here. I under- partisan fashion. I think a lot of it is
Voices CA; Partnership for America’s Chil- stand the bill is being printed now, and very much unrelated to COVID simply
dren; Pathways for Prosperity Coalition, we will have a vote here fairly shortly. because they have the power to do it.
Fayetteville, NC; Patriotic Millionaires. I just want to set the stage for my They now have the power of the Fed-
Pennsylvania AFL-CIO; People For the view—my point of view. I think I speak eral Government, complete power—
American Way; People’s Action; People’s for most people in our conference on
Parity Project; Philadelphia Drivers’ Union; control of the Senate, control of the
what we are trying to do here. House, control of the White House.
Physicians for Reproductive Health; Policy Up until now, we have been able, as a
Matters Ohio; Poligon Education Fund; They have abandoned bipartisanship.
Power Coalition for Equity and Justice;
body, to work together on COVID re- We had the Presidency and the Senate;
Preble Street Maine Hunger Initiative; Pro- lief. And the question is, Why can’t we
they had the House. We were able to
gressive Leadership Alliance of Nevada; do it again? I think I know the answer,
work together. Now they have it all.
Prosperity Now; Public Citizen; Public Jus- but I want to remind people what we
They are running us over, literally,
tice Center; RAISE High Road Restaurants; have done in a bipartisan fashion.
On March 5, 2020, when we had Presi- legislatively here.
Raise the Wage PA; Reframe Health and Jus-
tice; Restaurant Opportunities Center of DC;
I think we have made reasonable of-
dent Trump, a Republican Senate, and
Restaurant Opportunities Centers United; fers. Nobody is willing to compromise.
a Democratic House, we approved $8
RESULTS DC/MD. They see this as a moment to do a lot
billion, 96 to 1, and we were just begin-
Results for America; Reviving the Islamic
ning to understand the virus; March 18, of things they have been wanting to do
Sisterhood for Empowerment (RISE); Rights for years that have nothing to do with
& Democracy NH; Rights & Democracy VT; a few weeks later, $355 billion, 90 to 8;
March 25, $1.9 trillion, 96 to 0. COVID.
River VAlley Organizing; ROC-Chicago; ROC- Another problem they have, in my
Minnesota; ROC-New York; ROC-Pennsyl- So from March 5 to March 25, we
passed three bills, well over $2 trillion, view, is you are appropriating $1.9 tril-
vania; San Francisco-Marin Food Bank;
Saverlife; Sciencecorps; SEIU Wisconsin 96 to 1, 90 to 8, and 96 to 0. So I would lion, most of it not related to COVID,
State Council; Service Employees Inter- argue to the American people that it is and we haven’t spent the money we
national Union; Shriver Center on Poverty not like the Republican Party and the have allocated in the past. So adminis-
Law; Sierra Club; Social Justice Associates Democratic Party can’t work together trative actions—there is still $200 bil-
of South Church, Portsmouth NH; Southwest lion that we haven’t spent. Legislative
when it comes to COVID relief.
Detroit Immigrant and Refugee Center; actions, $3.1 trillion we have spent. We
But now that the Democrats have the
Southwest Women’s Law Center; Step Up have appropriated $4.1 trillion. There is
Louisiana. House, the Senate, and the White
TakeAction Minnesota; Tax March; Temp House, there seems to be no desire to still $1 trillion that hasn’t been spent
Worker Justice; Terence Crutcher Founda- go down that road, and I will talk yet.
tion; The 99% Pennsylvania campaign; The about that in a minute. The Federal Reserve actions allowed
AIDS Institute; The Commonwealth Insti- April 21, 2020, we did $355 billion $5.9 trillion to be allocated to help
tute for Fiscal Analysis; The Employee more. That was by voice vote. Spend- businesses that were failing. They
Rights Advocacy Institute For Law & Policy ing $355 by voice vote is pretty aston- spent $2.8 trillion.
(The Institute); The International Union, ishing; $1.9 trillion, 96 to 0 is pretty as- The vaccine is getting out by the
United Automobile, Aerospace and Agricul- day. We are hopeful that we can change
tural Implement Workers of America (UAW);
tonishing. September 30, 2020, 84 to 10.
The Legal Aid Society; The National Do- December 21, just a few months ago, we the course of the virus, get people back
mestic Violence Hotline; The New York spent another trillion, 92 to 6. to work.
Womens Foundation; The Partnership for Why do I bring this up? I bring it up In this bill, they do a lot of things
Working Families; The Rebuild, Overcome, to show there is plenty of bipartisan- unrelated to COVID because they can.
and Rise (ROAR) Center of UMB; The West ship around COVID relief, and that bi- Why are we opposed to this? Because it
Side Commons; The Women and Girls Foun- partisanship has stopped. President is a lot of money that is being spent on
dation of Southwest Pennsylvania; The Biden made a big deal about wanting to things unrelated to COVID. We haven’t
Women’s Building; TIME’S UP Now; Ujima spent the money we appropriated in
bring the country together and find
Inc.: The National Center on Violence
common ground. In the one area that past efforts yet, but we are going to
Against Women in the Black Community;
UnidosUS. we actually had common ground, we spend $1.9 trillion more. I think it is
Unitarian Universalist Action New Hamp- have abandoned common ground to very unfortunate, and I hope the Amer-
shire; Unitarian Universalist Justice PA; deal with a $1.9 trillion package just ican people understand that this is
United Food and Commercial Workers Inter- months after we authorized $1.04 tril- spending money for the sake of spend-
national Union; United State of Women; lion. ing money, not to combat COVID.
United Steelworkers; United Valley Inter- Here is the problem I think Repub- Let me give you some examples of
faith (UVIP); United Vision for Idaho; Unity what is in this bill. The minimum wage
licans have. Of the $1.9 trillion being
Fellowship of Christ Church NYC; URGE:
Unite for Reproductive & Gender Equity; proposed now, about 90 percent of it dropped out. Now is the worst possible
Virginia Poverty Law Center; Voices for has very little to do with COVID. It is time, I think, to go to $15-an-hour min-
Progress; Washington Lawyers Committee a liberal wish list. The reason I know it imum wage. Just think about your own
for Civil Rights and Urban Affairs; Wash- is a liberal wish list is that Senator communities. How many restaurants
ington Wage Claim Project; Washtenaw and hotels have had to reduce or close
SSpencer on DSK126QN23PROD with SENATE
SCHUMER said 15 times yesterday—
Interfaith Coalition for Immigrant Rights; about 15 times—that it wasn’t a liberal down because of COVID restrictions?
West Virginia Center on Budget and Policy; wish list. If Senator SCHUMER is saying We are finally beginning to come out of
Western Center on Law and Poverty; West- it a bit. To add a $15-an-hour mandate,
it is not a liberal wish list, it is a lib-
ern Pennsylvania Employment Lawyers As-
sociation. eral wish list. I will be able to prove doubling the minimum wage, would be
Wildfire: Igniting Community Action to that in more detail. increasing the cost of doing business
End Poverty in Arizona; Women Employed; That is the history of bipartisanship. after the government at the State and
Womenpreneurs; Women’s Fund of Rhode Is- That bipartisanship has been de- local levels shut the businesses down.
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.005 S04MRPT1
S1050 CONGRESSIONAL RECORD — SENATE March 4, 2021
So the business has been reduced in ment for Humanities, that is still a lot that has nothing to do with COVID be-
terms of revenue because of COVID re- of money where I come from. cause they can.
strictions, and now the Federal Gov- There is $200 million for the Institute The only thing I can tell you about
ernment is going to mandate a dou- of Museum and Library Sciences. I am spending money—count me in for help-
bling of the minimum wage that the sure there are needs out there for mu- ing people get back on their feet. I
business has to absorb and pass on to seums and library sciences, but it have always been for a direct payment.
consumers. That is out. We can raise should go through the appropriations Count me out for a $1.9 trillion
the minimum wage in a responsible process where we will have a chance to spendfest unrelated to COVID in a par-
fashion once we get COVID under con- make a case for it or against it rather tisan fashion.
trol. than it being crammed into a bill that This is everything President Biden
There was $100 million for a Silicon is being printed while I speak. said he wouldn’t do. The inaugural
Valley underground rail project that We are talking about a $1.9 trillion speech rings hollow when it comes to
didn’t pass the smell test. The only COVID package with 90 percent unre- this provision, the $1.9 trillion COVID
reason that is out is we made a big deal lated to COVID being printed while I package. Everything President Biden
about it. But they saw the COVID speak. Now, if that is good govern- said he wanted to do for the country,
package as a chance to put $100 million ment, count me out. he abandoned. It is not like there are
into a Silicon Valley underground rail Funding for Planned Parenthood. plenty of Republicans that would sit
project, which shows you their mindset What has that got to do with COVID? down and work with our Democratic
toward this bill. PPP loans for labor unions. friends to do another round of COVID
This bill is not about fighting Paid leave for Federal employees. relief, but it has to be related to
COVID. It is about a chance, in a par- An $86 billion bailout for union pen- COVID, and we want to spend the
tisan fashion, to do things they sions. Maybe that is something we money we have appropriated in the
couldn’t do otherwise. There was $1.5 want to look at, but in a COVID bill? past first. Maybe that is an odd con-
million from the Harbor Maintenance This is why people are so turned off cept in Washington, but I will make a
Trust Fund regarding the Seaway to Washington because we take a cri- bet that most Americans find it odd
International Bridge in New York. The sis, a problem facing your family and that we would appropriate money for a
Silicon Valley underground rail project your community, and they turn it into problem when we haven’t spent the
may make sense. Senator SCHUMER’s a spendfest, a liberal wish list, indeed, money we had already appropriated in
bridge project may make sense. We are come true. the past. We can get that out the door
going to do an infrastructure bill. It A new taxpayer-funded executive to see what needs to be done in the fu-
seems to me that we would take these branch employee emergency leave pro- ture.
infrastructure projects and put them in gram. I think most Americans believe now
an infrastructure bill and try to have a Money for schools. We haven’t spent is not the time to load a bill up with a
COVID bill related to fighting COVID. the money we have allocated for bunch of stuff unrelated to COVID be-
But, clearly, they are taking an op- schools yet. We are trying to open cause we need every dollar to hit the
portunity, my friends on the other schools. The money that has been allo- mark. But we will have a chance to
side, of loading this bill up with a lib- cated for schools is still—most of it—a talk about that in the coming months,
eral wish list—parochial interests—be- lot of it has been unspent. In this bill, and there will be another election com-
cause they can. we have $68 billion for K–12. The money ing before you know it.
I hope the American people will un- should be given to people opening The only thing I can leave with the
derstand what is going on and bring schools, and only $5 billion of that will American people here is that they have
back a balance of power in Washington be spent this year. Most of the money it all in terms of power. This is what
in 2022 because if you let them have it for K–12 assistance is in 2022 and the they have chosen to do. They have cho-
all, this is a sign of things to come. But years that follow. That is not an emer- sen a partisan path, rejecting the bi-
we will talk about that later. gency COVID package. That is just partisan path. They have chosen to put
There is $20 million in the bill for the putting money into the education sys- most of the money in the bill for things
preservation and maintenance of Na- tem in a fashion they like and we don’t unrelated to COVID simply because
tive American languages. That might have any input over. It really has noth- they can.
be something that makes sense, but we ing to do with fighting the COVID cri- The last election was about what
are dealing with a COVID package. sis and getting our schools reopened. Of would happen to our country if Demo-
There is $20 million for the preserva- the $129 billion for K–12 in this pack- crats got in charge of everything.
tion of maintenance of Native Amer- age, $6.4 billion is to be distributed this Many of us on our side said it would be
ican languages and $135 million for the year. The $68 billion was in the last one of the most liberal agendas in the
National Endowment for the Arts. round and only $5 billion this year, so history of American politics and would
I am an appropriator. This isn’t an most of the money for schools is spent come forth pretty quickly. I had no
appropriations bill. It is not a COVID in the out years. Again, that is just an idea it would come forth this quickly.
bill. In the committees I am on, we ac- opportunity to be taken by them. I had no idea they would abandon a bi-
tually vet this stuff to see if it makes Of the $129 billion, $122 billion for K– partisan approach to COVID because it
sense to put it in the normal appropria- 12 schools will not be spent until years seems to be the one area that we have
tions cycle. They take a COVID prob- 2022 through 2028. God, I hope we don’t had success regarding working to-
lem—and it is a real problem still to have to deal with COVID in 2028. gether.
this day—and they load it up with We have approved six COVID bills. During the campaign, I said that
things unrelated to COVID because We have spent over $4 trillion—appro- there would be two areas I thought we
they can. priated over $4 trillion. A trillion is yet could do bipartisan legislation: One
We can’t stop them now. Maybe one unspent, and we are doing $1.9 trillion was COVID; the other was infrastruc-
day we can stop them and go back to where 90 percent of it has nothing to do ture.
the old way of doing business where we with COVID. Why are we doing this? Boy, was I wrong about COVID. I am
sit down and work together as Demo- Because they can. hoping that the American people pay
crats and Republicans to spend over $4 They have abandoned the bipartisan some attention to this debate. We are
trillion to combat COVID. My hope is model that worked. They have chosen a going to have some really good amend-
that we will have some balance in the partisan model. No matter what they ments on our side that talk about how
SSpencer on DSK126QN23PROD with SENATE
future that we don’t have today. tell you, my friends on the other side, we would spend the money differently
So $135 million for the National En- this is a liberal wish list. This is very and why we would choose not to spend
dowment for the Humanities—what has much seizing the moment, taking a cri- some money on this bill because it sim-
that got to do with COVID? There are sis, a problem in America, and using it ply has nothing to do with COVID.
people really suffering out there. And to advance causes completely unre- The American people have suffered
$135 million for the Endowment for the lated to COVID, spending money that during the COVID pandemic, but there
Arts and $135 million for the Endow- hasn’t been vetted, spending money are better days ahead. I want us to do
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\CR\FM\G04MR6.020 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE CORRECTION S1051
as much as we can for vaccinations and largest single anti-poverty bills in re- AMENDMENT NO. 891
helping people get back into school. I cent history. It is time to lift this (Purpose: To improve the bill)
am willing to help people who are country out of crisis and set it on a Mr. SCHUMER. Madam President, I
struggling out there, but you shouldn’t path to a strong and swift recovery. It have an amendment at the desk, and I
be giving a $1,400 check to people who is time to tell the American people ask for its immediate consideration.
make $200,000 as a couple. They that help is on the way. The VICE PRESIDENT. The clerk
changed that. They have taken the Sil- MOTION TO PROCEED will report the amendment.
icon Valley railway out. They have Mr. SCHUMER. Mr. President, I The legislative clerk read as follows:
also taken the bridge out because they move to proceed to Calendar No. 10, The Senator from New York [Mr. SCHU-
had to, not because they wanted to. H.R. 1319. MER],for himself and others, proposes an
We are going to have a lot of amend- The PRESIDENT pro tempore. The amendment numbered 891.
ments to show what we would do with clerk will report the motion. Mr. SCHUMER. Madam President, I
your money versus what they would do The senior assistant legislative clerk ask unanimous consent to dispense
with your money. We are going to have with the reading.
read as follows:
a lot of amendments that would show The VICE PRESIDENT. Is there an
Motion to proceed to Calendar No. 10, H.R.
what we would do with COVID and how objection?
1319, to provide for reconciliation pursuant
to fight COVID versus what they would to title II of S. Con. Res. 5. Mr. JOHNSON. Madam President.
do with COVID. That is what democ- The VICE PRESIDENT. The Senator
racy is all about—working together Mr. SCHUMER. I ask for the yeas
and nays. from Wisconsin.
when you can and showing differences Mr. JOHNSON. Reserving the right
when you must. The PRESIDENT pro tempore. Is
there a sufficient second? to object. One thing that——
There are going to be a lot of dif-
There appears to be a sufficient sec- Mr. SCHUMER. Regular order,
ferences in this debate, and I think this
ond. Madam President.
will not be the last time you hear
The clerk will call the roll. The VICE PRESIDENT. Is there an
about this bill. I think this bill is going
The senior assistant legislative clerk objection?
to resonate for months and years to
called the roll. Mr. JOHNSON. I object.
come in all of the wrong ways.
I yield the floor. The yeas and nays resulted—yeas 50, The VICE PRESIDENT. The objec-
I suggest the absence of a quorum. nays 50, as follows: tion is heard.
The PRESIDING OFFICER. The [Rollcall Vote No. 73 Leg.] The clerk will continue the reading.
clerk will call the roll. (Ms. CORTEZ MASTO assumed the
YEAS—50
The senior assistant legislative clerk Chair.)
Baldwin Hickenlooper Reed
proceeded to call the roll. Bennet Hirono
The legislative clerk read as follows:
Rosen
Mr. SCHUMER. Mr. President, I ask Blumenthal Kaine Sanders Strike all after the first word and insert
unanimous consent that the order for Booker Kelly Schatz the following:
Brown King Schumer
the quorum call be rescinded. Cantwell Klobuchar
TITLE.
The PRESIDENT pro tempore. With- Shaheen This Act may be cited as the ‘‘American
Cardin Leahy Sinema
out objection, it is so ordered. Carper Luján Rescue Plan Act of 2021’’
Smith
Casey Manchin .
f Stabenow
Coons Markey SEC. 2. TABLE OF CONTENTS.
Tester
AMERICAN RESCUE PLAN ACT OF Cortez Masto Menendez
Van Hollen The table of contents for this Act is as fol-
Duckworth Merkley
2021—MOTION TO PROCEED Durbin Murphy Warner lows:
Mr. SCHUMER. Mr. President, in a Feinstein Murray Warnock Sec. 1. Short title.
Gillibrand Ossoff Warren Sec. 2. Table of contents.
moment, I will move to proceed to the Whitehouse
Hassan Padilla
Senate’s substitute amendment to the Heinrich Peters Wyden TITLE I—COMMITTEE ON AGRICULTURE,
American Rescue Plan. This legislation NUTRITION, AND FORESTRY
will keep America’s families, busi- NAYS—50 Subtitle A—Agriculture
nesses, and workers afloat and hasten Barrasso Graham Portman Sec. 1001. Food supply chain and agriculture
Blackburn Grassley Risch
the day when our country can return to Blunt Hagerty Romney
pandemic response.
normal and our economy can come Boozman Hawley Rounds
Sec. 1002. Emergency rural development
roaring back. Braun Hoeven Rubio grants for rural health care.
The United States is facing a once-in- Burr Hyde-Smith Sasse Sec. 1003. Pandemic program administration
Capito Inhofe Scott (FL) funds.
a-century crisis that has sapped mil- Cassidy Johnson Scott (SC) Sec. 1004. Funding for the USDA Office of In-
lions of jobs from our economy, left Collins Kennedy
Shelby spector General for oversight of
millions of Americans struggling to Cornyn Lankford
Cotton Lee
Sullivan COVID–19-related programs.
make ends meet, and stolen more than Cramer Lummis
Thune Sec. 1005. Farm loan assistance for socially
half a million American lives. The time Crapo Marshall Tillis disadvantaged farmers and
is now to move forward with big, bold, Cruz McConnell Toomey ranchers.
Daines Moran Tuberville Sec. 1006. USDA assistance and support for
strong relief for the American people; Wicker
Ernst Murkowski socially disadvantaged farmers,
to send checks as promised to Amer- Fischer Paul Young
ranchers, forest land owners
ican workers and families; to help re-
The VICE PRESIDENT. On this vote and operators, and groups.
open schools as quickly and safely as Sec. 1007. Use of the Commodity Credit Cor-
possible; to help the hardest hit small the yeas are 50, the nays are 50.
The Senate being equally divided, the poration for commodities and
businesses hang on; to help families associated expenses.
stay in their homes, care for their chil- Vice President votes in the affirma-
tive, and the motion to proceed is Subtitle B—Nutrition
dren, and put food on the table; to keep Sec. 1101. Supplemental nutrition assistance
firefighters, teachers, and busdrivers agreed to.
The motion was agreed to. program.
on the job; and to crush the virus with Sec. 1102. Additional assistance for SNAP
f
sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE
testing and vaccines once and for all. online purchasing and tech-
We are not going to repeat the mis- AMERICAN RESCUE PLAN ACT OF nology improvements.
takes of the past. We are not going to Sec. 1103. Additional funding for nutrition
2021
be timid in the face of a great chal- assistance programs.
lenge. We are not going to delay when The VICE PRESIDENT. The clerk Sec. 1104. Commodity supplemental food
will report the bill by title. program.
urgent action is called for. We are not
The legislative clerk read as follows: Sec. 1105. Improvements to WIC benefits.
going to quit before the race is won. We Sec. 1106. WIC program modernization.
are going to sprint through the finish A bill (H.R. 1319) to provide for reconcili-
Sec. 1107. Meals and supplements reimburse-
line. ation pursuant to title II of S. Con. Res. 5.
ments for individuals who have
It is time to move forward with this The VICE PRESIDENT. The majority not attained the age of 25.
legislation, which will be one of the leader. Sec. 1108. Pandemic EBT program.
VerDate Sep 11 2014 17:03 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0655 E:\RECORD21\MARCH\S04MR1.REC S04MR1
S1052 CONGRESSIONAL RECORD — SENATE March 4, 2021
TITLE II—COMMITTEE ON HEALTH, Subtitle H—Mental Health and Substance Sec. 3207. Relief measures for section 502 and
EDUCATION, LABOR, AND PENSIONS Use Disorder 504 direct loan borrowers.
Subtitle A—Education Matters Sec. 2701. Funding for block grants for com- Sec. 3208. Fair housing activities.
PART 1—DEPARTMENT OF EDUCATION munity mental health services. Subtitle C—Small Business (SSBCI)
Sec. 2702. Funding for block grants for pre- Sec. 3301. State Small Business Credit Ini-
Sec. 2001. Elementary and Secondary School
vention and treatment of sub- tiative.
Emergency Relief Fund.
stance abuse.
Sec. 2002. Emergency assistance to non-pub- Subtitle D—Public Transportation
Sec. 2703. Funding for mental health and
lic schools. Sec. 3401. Federal Transit Administration
substance use disorder training
Sec. 2003. Higher Education Emergency Re- grants.
for health care professionals,
lief Fund. TITLE IV—COMMITTEE ON HOMELAND
paraprofessionals, and public
Sec. 2004. Maintenance of effort and mainte- SECURITY AND GOVERNMENTAL AF-
safety officers.
nance of equity. FAIRS
Sec. 2704. Funding for education and aware-
Sec. 2005. Outlying areas.
ness campaign encouraging Sec. 4001. Emergency Federal Employee
Sec. 2006. Gallaudet University.
healthy work conditions and Leave Fund.
Sec. 2007. Student aid administration.
use of mental health and sub- Sec. 4002. Funding for the Government Ac-
Sec. 2008. Howard University.
stance use disorder services by countability Office.
Sec. 2009. National Technical Institute for
health care professionals. Sec. 4003. Pandemic Response Account-
the Deaf.
Sec. 2705. Funding for grants for health care ability Committee funding
Sec. 2010. Institute of Education Sciences.
providers to promote mental availability.
Sec. 2011. Program administration.
health among their health pro- Sec. 4004. Funding for the White House.
Sec. 2012. Office of Inspector General.
fessional workforce. Sec. 4005. Federal Emergency Management
Sec. 2013. Modification of revenue require- Sec. 2706. Funding for community-based
ments for proprietary institu- Agency appropriation.
funding for local substance use Sec. 4006. Funeral assistance.
tions of higher education. disorder services. Sec. 4007. Emergency food and shelter pro-
PART 2—MISCELLANEOUS Sec. 2707. Funding for community-based gram funding.
Sec. 2021. National Endowment for the Arts. funding for local behavioral Sec. 4008. Humanitarian relief.
Sec. 2022. National Endowment for the Hu- health needs. Sec. 4009. Cybersecurity and Infrastructure
manities. Sec. 2708. Funding for the National Child Security Agency.
Sec. 2023. Institute of Museum and Library Traumatic Stress Network. Sec. 4010. Appropriation for the United
Services. Sec. 2709. Funding for Project AWARE. States Digital Service.
Subtitle B—Labor Matters Sec. 2710. Funding for youth suicide preven- Sec. 4011. Appropriation for the Technology
tion. Modernization Fund.
Sec. 2101. Funding for Department of Labor Sec. 2711. Funding for behavioral health Sec. 4012. Appropriation for the Federal Cit-
worker protection activities. workforce education and train- izen Services Fund.
Subtitle C—Human Services and Community ing. Sec. 4013. AFG and SAFER program funding.
Supports Sec. 2712. Funding for pediatric mental Sec. 4014. Emergency management perform-
Sec. 2201. Child Care and Development Block health care access. ance grant funding.
Grant Program. Sec. 2713. Funding for expansion grants for TITLE V—COMMITTEE ON SMALL
Sec. 2202. Child Care Stabilization. certified community behavioral BUSINESS AND ENTREPRENEURSHIP
Sec. 2203. Head Start. health clinics.
Sec. 5001. Modifications to paycheck protec-
Sec. 2204. Programs for survivors. Subtitle I—Exchange Grant Program tion program.
Sec. 2205. Child abuse prevention and treat- Sec. 2801. Establishing a grant program for Sec. 5002. Targeted EIDL advance.
ment. Exchange modernization. Sec. 5003. Support for restaurants.
Sec. 2206. Corporation for National and Com-
Subtitle J—Continued Assistance to Rail Sec. 5004. Community navigator pilot pro-
munity Service and the Na-
Workers gram.
tional Service Trust. Sec. 5005. Shuttered venue operators.
Sec. 2901. Additional enhanced benefits
Subtitle D—Public Health Sec. 5006. Direct appropriations.
under the Railroad Unemploy-
Sec. 2301. Funding for COVID–19 vaccine ac- ment Insurance Act. TITLE VI—COMMITTEE ON
tivities at the Centers for Dis- Sec. 2902. Extended unemployment benefits ENVIRONMENT AND PUBLIC WORKS
ease Control and Prevention. under the Railroad Unemploy- Sec. 6001. Economic adjustment assistance.
Sec. 2302. Funding for vaccine confidence ac- ment Insurance Act. Sec. 6002. Funding for pollution and dis-
tivities. Sec. 2903. Extension of waiver of the 7-day parate impacts of the COVID–19
Sec. 2303. Funding for supply chain for waiting period for benefits pandemic.
COVID–19 vaccines, thera- under the Railroad Unemploy- Sec. 6003. United States Fish and Wildlife
peutics, and medical supplies. ment Insurance Act. Service.
Sec. 2304. Funding for COVID–19 vaccine, Sec. 2904. Railroad Retirement Board and
therapeutic, and device activi- TITLE VII—COMMITTEE ON COMMERCE,
Office of the Inspector General SCIENCE, AND TRANSPORTATION
ties at the Food and Drug Ad- funding.
ministration. Subtitle A—Transportation and
Subtitle K—Ratepayer Protection Infrastructure
Sec. 2305. Reduced cost-sharing.
Sec. 2911. Funding for LIHEAP. Sec. 7101. Grants to the National Railroad
Subtitle E—Testing
Sec. 2912. Funding for water assistance pro- Passenger Corporation.
Sec. 2401. Funding for COVID–19 testing, gram.
contact tracing, and mitigation Sec. 7102. Relief for airports.
Subtitle L—Assistance for Older Americans, Sec. 7103. Emergency FAA Employee Leave
activities.
Grandfamilies, and Kinship Families Fund.
Sec. 2402. Funding for SARS–CoV–2 genomic
Sec. 2921. Supporting older americans and Sec. 7104. Emergency TSA Employee Leave
sequencing and surveillance.
their families. Fund.
Sec. 2403. Funding for global health.
Sec. 2404. Funding for data modernization Sec. 2922. National Technical Assistance Subtitle B—Aviation Manufacturing Jobs
and forecasting center. Center on Grandfamilies and Protection
Kinship Families. Sec. 7201. Definitions.
Subtitle F—Public Health Workforce
TITLE III—COMMITTEE ON BANKING, Sec. 7202. Payroll support program.
Sec. 2501. Funding for public health work-
HOUSING, AND URBAN AFFAIRS Subtitle C—Airlines
force.
Sec. 2502. Funding for Medical Reserve Subtitle A—Defense Production Act of 1950 Sec. 7301. Air Transportation Payroll Sup-
Corps. Sec. 3101. COVID–19 emergency medical sup- port Program Extension.
Subtitle G—Public Health Investments plies enhancement. Subtitle D—Consumer Protection and
Sec. 2601. Funding for community health Subtitle B—Housing Provisions Commerce Oversight
SSpencer on DSK126QN23PROD with SENATE
centers and community care. Sec. 3201. Emergency rental assistance. Sec. 7401. Funding for consumer product
Sec. 2602. Funding for National Health Serv- Sec. 3202. Emergency housing vouchers. safety fund to protect con-
ice Corps. Sec. 3203. Emergency assistance for rural sumers from potentially dan-
Sec. 2603. Funding for Nurse Corps. housing. gerous products related to
Sec. 2604. Funding for teaching health cen- Sec. 3204. Housing counseling. COVID–19.
ters that operate graduate med- Sec. 3205. Homelessness assistance and sup- Sec. 7402. Funding for E-Rate support for
ical education. portive services program. emergency educational connec-
Sec. 2605. Funding for family planning. Sec. 3206. Homeowner Assistance Fund. tions and devices.
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0655 E:\CR\FM\A04MR6.008 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1053
Sec. 7403. Funding for Department of Com- Subtitle D—Elder Justice and Support Sec. 9673. Tax treatment of restaurant revi-
merce Inspector General. Guarantee talization grants.
Sec. 7404. Federal Trade Commission fund- Sec. 9301. Additional funding for aging and Sec. 9674. Modification of exceptions for re-
ing for COVID–19 related work. disability services programs. porting of third party network
Subtitle E—Science and Technology transactions.
Subtitle E—Support to Skilled Nursing Sec. 9675. Modification of treatment of stu-
Sec. 7501. National Institute of Standards Facilities in Response to COVID–19 dent loan forgiveness.
and Technology. Sec. 9401. Providing for infection control
Sec. 7502. National Science Foundation. Subtitle H—Pensions
support to skilled nursing fa-
Subtitle F—Corporation for Public Sec. 9701. Temporary delay of designation of
cilities through contracts with
Broadcasting multiemployer plans as in en-
quality improvement organiza-
dangered, critical, or critical
Sec. 7601. Support for the Corporation for tions.
and declining status.
Public Broadcasting. Sec. 9402. Funding for strike teams for resi-
Sec. 9702. Temporary extension of the fund-
TITLE VIII—COMMITTEE ON VETERANS’ dent and employee safety in
ing improvement and rehabili-
AFFAIRS skilled nursing facilities.
tation periods for multiem-
Sec. 8001. Funding for claims and appeals Subtitle F—Preserving Health Benefits for ployer pension plans in critical
processing. Workers and endangered status for 2020
Sec. 8002. Funding availability for medical Sec. 9501. Preserving health benefits for or 2021.
care and health needs. workers. Sec. 9703. Adjustments to funding standard
Sec. 8003. Funding for supply chain mod- Subtitle G—Promoting Economic Security account rules.
ernization. Sec. 9704. Special financial assistance pro-
PART 1—2021 RECOVERY REBATES TO
Sec. 8004. Funding for State homes. gram for financially troubled
INDIVIDUALS
Sec. 8005. Funding for the Department of multiemployer plans.
Veterans Affairs Office of In- Sec. 9601. 2021 recovery rebates to individ- Sec. 9705. Extended amortization for single
spector General. uals. employer plans.
Sec. 8006. Covid–19 veteran rapid retraining PART 2—CHILD TAX CREDIT Sec. 9706. Extension of pension funding sta-
assistance program. Sec. 9611. Child tax credit improvements for bilization percentages for single
Sec. 8007. Prohibition on copayments and 2021. employer plans.
cost sharing for veterans during Sec. 9612. Application of child tax credit in Sec. 9707. Modification of special rules for
emergency relating to COVID– possessions. minimum funding standards for
19. community newspaper plans.
PART 3—EARNED INCOME TAX CREDIT Sec. 9708. Expansion of limitation on exces-
Sec. 8008. Emergency Department of Vet-
Sec. 9621. Strengthening the earned income sive employee remuneration.
erans Affairs Employee Leave
tax credit for individuals with Subtitle I—Child Care for Workers
Fund.
no qualifying children.
TITLE IX—COMMITTEE ON FINANCE Sec. 9801. Child care assistance.
Sec. 9622. Taxpayer eligible for childless
Subtitle A—Crisis Support for Unemployed earned income credit in case of Subtitle J—Medicaid
Workers qualifying children who fail to Sec. 9811. Mandatory coverage of COVID–19
PART 1—EXTENSION OF CARES ACT meet certain identification re- vaccines and administration
UNEMPLOYMENT PROVISIONS quirements. and treatment under Medicaid.
Sec. 9623. Credit allowed in case of certain Sec. 9812. Modifications to certain coverage
Sec. 9011. Extension of Pandemic Unemploy-
separated spouses. under Medicaid for pregnant
ment Assistance.
Sec. 9624. Modification of disqualified in- and postpartum women.
Sec. 9012. Extension of emergency unem- Sec. 9813. State option to provide qualifying
ployment relief for govern- vestment income test.
Sec. 9625. Application of earned income tax community-based mobile crisis
mental entities and nonprofit intervention services.
organizations. credit in possessions of the
United States. Sec. 9814. Temporary increase in FMAP for
Sec. 9013. Extension of Federal Pandemic medical assistance under State
Unemployment Compensation. Sec. 9626. Temporary special rule for deter-
mining earned income for pur- Medicaid plans which begin to
Sec. 9014. Extension of full Federal funding expend amounts for certain
of the first week of compen- poses of earned income tax
credit. mandatory individuals.
sable regular unemployment for Sec. 9815. Extension of 100 percent Federal
States with no waiting week. PART 4—DEPENDENT CARE ASSISTANCE
medical assistance percentage
Sec. 9015. Extension of emergency State Sec. 9631. Refundability and enhancement of to Urban Indian Health Organi-
staffing flexibility. child and dependent care tax zations and Native Hawaiian
Sec. 9016. Extension of pandemic emergency credit. Health Care Systems.
unemployment compensation. Sec. 9632. Increase in exclusion for em- Sec. 9816. Sunset of limit on maximum re-
Sec. 9017. Extension of temporary financing ployer-provided dependent care bate amount for single source
of short-time compensation assistance. drugs and innovator multiple
payments in States with pro- PART 5—CREDITS FOR PAID SICK AND FAMILY source drugs.
grams in law. LEAVE Sec. 9817. Additional support for Medicaid
Sec. 9018. Extension of temporary financing home and community-based
of short-time compensation Sec. 9641. Payroll credits.
Sec. 9642. Credit for sick leave for certain services during the COVID–19
agreements for States without emergency.
self-employed individuals.
programs in law. Sec. 9818. Funding for State strike teams for
Sec. 9643. Credit for family leave for certain
PART 2—EXTENSION OF FFCRA self-employed individuals. resident and employee safety in
UNEMPLOYMENT PROVISIONS nursing facilities.
PART 6—EMPLOYEE RETENTION CREDIT
Sec. 9021. Extension of temporary assistance Sec. 9819. Special rule for the period of a de-
Sec. 9651. Extension of employee retention clared public health emergency
for States with advances.
credit. related to coronavirus.
Sec. 9022. Extension of full Federal funding
of extended unemployment PART 7—PREMIUM TAX CREDIT Subtitle K—Children’s Health Insurance
compensation. Sec. 9661. Improving affordability by ex- Program
PART 3—DEPARTMENT OF LABOR FUNDING panding premium assistance for Sec. 9821. Mandatory coverage of COVID–19
FOR TIMELY, ACCURATE, AND EQUITABLE consumers. vaccines and administration
PAYMENT Sec. 9662. Temporary modification of limita- and treatment under CHIP.
tions on reconciliation of tax Sec. 9822. Modifications to certain coverage
Sec. 9031. Funding for administration.
credits for coverage under a under CHIP for pregnant and
Sec. 9032. Funding for fraud prevention, eq-
qualified health plan with ad- postpartum women.
uitable access, and timely pay-
vance payments of such credit. Subtitle L—Medicare
ment to eligible workers.
Sec. 9663. Application of premium tax credit
Sec. 9831. Floor on the Medicare area wage
SSpencer on DSK126QN23PROD with SENATE
Subtitle B—Emergency Assistance to in case of individuals receiving
Families Through Home Visiting Programs index for hospitals in all-urban
unemployment compensation
States.
Sec. 9101. Emergency assistance to families during 2021. Sec. 9832. Secretarial authority to tempo-
through home visiting pro- PART 8—MISCELLANEOUS PROVISIONS rarily waive or modify applica-
grams.
Sec. 9671. Repeal of election to allocate in- tion of certain Medicare re-
Subtitle C—Emergency Assistance to terest, etc. on worldwide basis. quirements with respect to am-
Children and Families Sec. 9672. Tax treatment of targeted EIDL bulance services furnished dur-
Sec. 9201. Pandemic Emergency Assistance. advances. ing certain emergency periods.
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0655 E:\CR\FM\A04MR6.008 S04MRPT1
S1054 CONGRESSIONAL RECORD — SENATE March 4, 2021
Sec. 9833. Funding for Office of Inspector Reduction; Hazard Analysis and Critical Secretary for fiscal year 2021, out of any
General. Control Point (HACCP) Systems’’ published money in the Treasury not otherwise appro-
Subtitle M—Coronavirus State and Local in the Federal Register on July 25, 1996 (61 priated, $500,000,000, to remain available
Fiscal Recovery Funds Fed. Reg. 38806). until September 30, 2023, to carry out this
(2) OVERTIME INSPECTION COST REDUCTION.— section, of which not more than 3 percent
Sec. 9901. Coronavirus State and Local Fis-
Notwithstanding section 10703 of the Farm may be used by the Secretary for adminis-
cal Recovery Funds.
Security and Rural Investment Act of 2002 (7 trative purposes and not more than 2 percent
Subtitle N—Other Provisions U.S.C. 2219a), the Act of June 5, 1948 (21 may be used by the Secretary for technical
Sec. 9911. Funding for providers relating to U.S.C. 695), section 25 of the Poultry Prod- assistance as defined in section 306(a)(26) of
COVID–19. ucts Inspection Act (21 U.S.C. 468), and sec- the Consolidated Farm and Rural Develop-
Sec. 9912. Extension of customs user fees. tion 24 of the Egg Products Inspection Act ment Act (7 U.S.C. 1926(a)(26)).
TITLE X—COMMITTEE ON FOREIGN (21 U.S.C. 1053), and any regulations promul- SEC. 1003. PANDEMIC PROGRAM ADMINISTRA-
RELATIONS gated by the Department of Agriculture im- TION FUNDS.
Sec. 10001. Department of State operations. plementing such provisions of law and sub- In addition to amounts otherwise avail-
Sec. 10002. United States Agency for Inter- ject to the availability of funds under para- able, there are appropriated for fiscal year
national Development oper- graph (3), the Secretary of Agriculture shall 2021, out of any money in the Treasury not
ations. reduce the amount of overtime inspection otherwise appropriated, $47,500,000, to remain
Sec. 10003. Global response. costs borne by federally-inspected small es- available until expended, for necessary ad-
Sec. 10004. Humanitarian response. tablishments and very small establishments ministrative expenses associated with car-
Sec. 10005. Multilateral assistance. engaged in meat, poultry, or egg products rying out this subtitle.
processing and subject to the requirements SEC. 1004. FUNDING FOR THE USDA OFFICE OF
TITLE XI—COMMITTEE ON INDIAN
of the Federal Meat Inspection Act (21 U.S.C. INSPECTOR GENERAL FOR OVER-
AFFAIRS SIGHT OF COVID–19-RELATED PRO-
601 et seq.), the Poultry Products Inspection
Sec. 11001. Indian Health Service. Act (21 U.S.C. 451 et seq.), or the Egg Prod- GRAMS.
Sec. 11002. Bureau of Indian Affairs. ucts Inspection Act (21 U.S.C. 1031 et seq.), In addition to amounts otherwise made
Sec. 11003. Housing assistance and sup- for inspection activities carried out during available, there is appropriated to the Office
portive services programs for the period of fiscal years 2021 through 2030. of the Inspector General of the Department
Native Americans. (3) FUNDING.—Out of the amounts made of Agriculture for fiscal year 2021, out of any
Sec. 11004. COVID–19 response resources for available under subsection (a), the Secretary money in the Treasury not otherwise appro-
the preservation and mainte- shall use $100,000,000 to carry out this sub- priated, $2,500,000, to remain available until
nance of Native American lan- section. September 30, 2022, for audits, investigations,
guages. SEC. 1002. EMERGENCY RURAL DEVELOPMENT and other oversight activities of projects and
Sec. 11005. Bureau of Indian Education. GRANTS FOR RURAL HEALTH CARE. activities carried out with funds made avail-
Sec. 11006. American Indian, Native Hawai- (a) GRANTS.—The Secretary of Agriculture able to the Department of Agriculture re-
ian, and Alaska Native edu- (in this section referred to as the ‘‘Sec- lated to the COVID–19 pandemic.
cation. retary’’) shall use the funds made available SEC. 1005. FARM LOAN ASSISTANCE FOR SO-
TITLE I—COMMITTEE ON AGRICULTURE, by this section to establish an emergency CIALLY DISADVANTAGED FARMERS
NUTRITION, AND FORESTRY pilot program for rural development not AND RANCHERS.
Subtitle A—Agriculture later than 150 days after the date of enact- (a) PAYMENTS.—
ment of this Act to provide grants to eligible (1) APPROPRIATION.—In addition to
SEC. 1001. FOOD SUPPLY CHAIN AND AGRI- amounts otherwise available, there is appro-
CULTURE PANDEMIC RESPONSE.
applicants (as defined in section 3570.61(a) of
title 7, Code of Federal Regulations) to be priated to the Secretary for fiscal year 2021,
(a) APPROPRIATION.—In addition to out of amounts in the Treasury not other-
awarded by the Secretary based on rural de-
amounts otherwise available, there is appro- wise appropriated, such sums as may be nec-
velopment needs related to the COVID–19
priated to the Secretary of Agriculture for pandemic. essary, to remain available until expended,
fiscal year 2021, out of any money in the (b) USES.—An eligible applicant to whom a for the cost of loan modifications and pay-
Treasury not otherwise appropriated, grant is awarded under this section may use ments under this section.
$4,000,000,000, to remain available until ex- the grant funds for costs, including those in- (2) PAYMENTS.—The Secretary shall pro-
pended, to carry out this section. curred prior to the issuance of the grant, as vide a payment in an amount up to 120 per-
(b) USE OF FUNDS.—The Secretary of Agri- determined by the Secretary, of facilities cent of the outstanding indebtedness of each
culture shall use the amounts made avail- which primarily serve rural areas (as defined socially disadvantaged farmer or rancher as
able pursuant to subsection (a)— in section 343(a)(13)(C) of the Consolidated of January 1, 2021, to pay off the loan di-
(1) to purchase food and agricultural com- Farm and Rural Development Act (7 U.S.C. rectly or to the socially disadvantaged farm-
modities; 1991(a)(13)(C)), which are located in a rural er or rancher (or a combination of both), on
(2) to purchase and distribute agricultural area, the median household income of the each—
commodities (including fresh produce, dairy, population to be served by which is less than (A) direct farm loan made by the Secretary
seafood, eggs, and meat) to individuals in the greater of the poverty line or the appli- to the socially disadvantaged farmer or
need, including through delivery to nonprofit cable percentage (determined under section rancher; and
organizations and through restaurants and 3570.63(b) of title 7, Code of Federal Regula- (B) farm loan guaranteed by the Secretary
other food related entities, as determined by tions) of the State nonmetropolitan median the borrower of which is the socially dis-
the Secretary, that may receive, store, proc- household income, and for which the per- advantaged farmer or rancher.
ess, and distribute food items; formance of any construction work com- (b) DEFINITIONS.—In this section:
(3) to make grants and loans for small or pleted with grant funds shall meet the condi- (1) FARM LOAN.—The term ‘‘farm loan’’
midsized food processors or distributors, sea- tion set forth in section 9003(f) of the Farm means—
food processing facilities and processing ves- Security and Rural Investment Act of 2002 (7 (A) a loan administered by the Farm Serv-
sels, farmers markets, producers, or other U.S.C. 8103(f)), to— ice Agency under subtitle A, B, or C of the
organizations to respond to COVID–19, in- (1) increase capacity for vaccine distribu- Consolidated Farm and Rural Development
cluding for measures to protect workers tion; Act (7 U.S.C. 1922 et seq.); and
against COVID–19; and (2) provide medical supplies to increase (B) a Commodity Credit Corporation Farm
(4) to make loans and grants and provide medical surge capacity; Storage Facility Loan.
other assistance to maintain and improve (3) reimburse for revenue lost during the (2) SECRETARY.—The term ‘‘Secretary’’
food and agricultural supply chain resil- COVID–19 pandemic, including revenue losses means the Secretary of Agriculture.
iency. incurred prior to the awarding of the grant; (3) SOCIALLY DISADVANTAGED FARMER OR
(c) ANIMAL HEALTH.— (4) increase telehealth capabilities, includ- RANCHER.—The term ‘‘socially disadvantaged
(1) COVID–19 ANIMAL SURVEILLANCE.—The ing underlying health care information sys- farmer or rancher’’ has the meaning given
Secretary of Agriculture shall conduct moni- tems; the term in section 2501(a) of the Food, Agri-
toring and surveillance of susceptible ani- (5) construct temporary or permanent culture, Conservation, and Trade Act of 1990
mals for incidence of SARS–CoV–2. structures to provide health care services, (7 U.S.C. 2279(a)).
(2) FUNDING.—Out of the amounts made including vaccine administration or testing; SEC. 1006. USDA ASSISTANCE AND SUPPORT FOR
available under subsection (a), the Secretary (6) support staffing needs for vaccine ad-
SSpencer on DSK126QN23PROD with SENATE
SOCIALLY DISADVANTAGED FARM-
shall use $300,000,000 to carry out this sub- ministration or testing; and ERS, RANCHERS, FOREST LAND
section. (7) engage in any other efforts to support OWNERS AND OPERATORS, AND
(d) OVERTIME FEES.— rural development determined to be critical GROUPS.
(1) SMALL ESTABLISHMENT; VERY SMALL ES- to address the COVID–19 pandemic, including (a) APPROPRIATION.—In addition to
TABLISHMENT DEFINITIONS.—The terms nutritional assistance to vulnerable individ- amounts otherwise available, there is appro-
‘‘small establishment’’ and ‘‘very small es- uals, as approved by the Secretary. priated to the Secretary of Agriculture for
tablishment’’ have the meaning given those (c) FUNDING.—In addition to amounts oth- fiscal year 2021, out of any money in the
terms in the final rule entitled ‘‘Pathogen erwise available, there is appropriated to the Treasury not otherwise appropriated,
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1055
$1,010,000,000, to remain available until ex- not otherwise appropriated, $800,000,000, to requirements for the online acceptance of
pended, to carry out this section. remain available until September 30, 2022, to the supplemental nutrition assistance pro-
(b) ASSISTANCE.—The Secretary of Agri- use the Commodity Credit Corporation to ac- gram benefits, for mobile payments, and for
culture shall use the amounts made avail- quire and make available commodities under electronic benefit transfer modernization
able pursuant to subsection (a)— section 406(b) of the Food for Peace Act (7 initiatives.
(1) to provide outreach, mediation, finan- U.S.C. 1736(b)) and for expenses under such SEC. 1103. ADDITIONAL FUNDING FOR NUTRI-
cial training, capacity building training, co- section. TION ASSISTANCE PROGRAMS.
operative development training and support, Subtitle B—Nutrition Section 704 of division N of the Consoli-
and other technical assistance on issues con- SEC. 1101. SUPPLEMENTAL NUTRITION ASSIST- dated Appropriations Act, 2021 (Public Law
cerning food, agriculture, agricultural cred- ANCE PROGRAM. 116–260) is amended—
it, agricultural extension, rural develop- (a) VALUE OF BENEFITS.—Section 702(a) of (1) by striking ‘‘In addition’’ and inserting
ment, or nutrition to socially disadvantaged division N of the Consolidated Appropria- the following:
farmers, ranchers, or forest landowners, or tions Act, 2021 (Public Law 116–260) is amend- ‘‘(a) COVID–19 RESPONSE FUNDING.—In ad-
other members of socially disadvantaged ed by striking ‘‘June 30, 2021’’ and inserting dition’’; and
groups; ‘‘September 30, 2021’’. (2) by adding at the end the following—
(2) to provide grants and loans to improve (b) SNAP ADMINISTRATIVE EXPENSES.—In ‘‘(b) ADDITIONAL FUNDING.—In addition to
land access for socially disadvantaged farm- addition to amounts otherwise available, any other funds made available, there is ap-
ers, ranchers, or forest landowners, including there is hereby appropriated for fiscal year propriated for fiscal year 2021, out of any
issues related to heirs’ property in a manner 2021, out of any amounts in the Treasury not money in the Treasury not otherwise appro-
as determined by the Secretary; otherwise appropriated, $1,150,000,000, to re- priated, $1,000,000,000 to remain available
(3) to support the activities of one or more main available until September 30, 2023, with until September 30, 2027, for the Secretary of
equity commissions that will address racial amounts to be obligated for each of fiscal Agriculture to provide grants to the Com-
equity issues within the Department of Agri- years 2021, 2022, and 2023, for the costs of monwealth of Northern Mariana Islands,
culture and its programs, using $5,000,000 of State administrative expenses associated Puerto Rico, and American Samoa for nutri-
the amount made available pursuant to sub- with carrying out this section and admin- tion assistance, of which $30,000,000 shall be
section (a); istering the supplemental nutrition assist- available to provide grants to the Common-
(4) to support and supplement agricultural ance program established under the Food wealth of Northern Mariana Islands for such
research, education, and extension, as well and Nutrition Act of 2008 (7 U.S.C. 2011 et assistance.’’.
as scholarships and programs that provide seq.), of which—
SEC. 1104. COMMODITY SUPPLEMENTAL FOOD
internships and pathways to Federal employ- (1) $15,000,000 shall be for necessary ex- PROGRAM.
ment, at— penses of the Secretary of Agriculture (in In addition to amounts otherwise made
(A) colleges or universities eligible to re- this section referred to as the ‘‘Secretary’’) available, there is appropriated for fiscal
ceive funds under the Act of August 30, 1890 for management and oversight of the pro- year 2021, out of any money in the Treasury
(commonly known as the ‘‘Second Morrill gram; and not otherwise appropriated, $37,000,000, to re-
Act’’) (7 U.S.C. 321 et seq.), including (2) $1,135,000,000 shall be for the Secretary main available until September 30, 2022, for
Tuskegee University; to make grants to each State agency for activities authorized by section 4(a) of the
(B) 1994 Institutions (as defined in section each of fiscal years 2021 through 2023 as fol- Agriculture and Consumer Protection Act of
532 of the Equity in Educational Land-Grant lows: 1973 (7 U.S.C. 612c note).
Status Act of 1994 (7 U.S.C. 301 note; Public (A) 75 percent of the amounts available
SEC. 1105. IMPROVEMENTS TO WIC BENEFITS.
Law 103–382)); shall be allocated to States based on the
(C) Alaska Native serving institutions and share of each State of households that par- (a) DEFINITIONS.—In this section:
Native Hawaiian serving institutions eligible ticipate in the supplemental nutrition assist- (1) APPLICABLE PERIOD.—The term ‘‘appli-
to receive grants under subsections (a) and ance program as reported to the Department cable period’’ means a period—
(b), respectively, of section 1419B of the Na- of Agriculture for the most recent 12-month (A) beginning after the date of enactment
tional Agricultural Research, Extension, and period for which data are available, adjusted of this Act, as selected by a State agency;
Teaching Policy Act of 1977 (7 U.S.C. 3156); by the Secretary (as of the date of the enact- and
(D) Hispanic-serving institutions eligible ment of this Act) for participation in dis- (B) ending not later than the earlier of—
to receive grants under section 1455 of the aster programs under section 5(h) of the (i) 4 months after the date described in
National Agricultural Research, Extension, Food and Nutrition Act of 2008 (7 U.S.C. subparagraph (A); or
and Teaching Policy Act of 1977 (7 U.S.C. 2014(h)); and (ii) September 30, 2021.
3241); and (B) 25 percent of the amounts available (2) CASH-VALUE VOUCHER.—The term ‘‘cash-
(E) the insular area institutions of higher shall be allocated to States based on the in- value voucher’’ has the meaning given the
education located in the territories of the crease in the number of households that par- term in section 246.2 of title 7, Code of Fed-
United States, as referred to in section 1489 ticipate in the supplemental nutrition assist- eral Regulations (as in effect on the date of
of the National Agricultural Research, Ex- ance program as reported to the Department the enactment of this Act).
tension, and Teaching Policy Act of 1977 (7 of Agriculture over the most recent 12- (3) PROGRAM.—The term ‘‘program’’ means
U.S.C. 3361); and month period for which data are available, the special supplemental nutrition program
(5) to provide financial assistance to so- adjusted by the Secretary (as of the date of for women, infants, and children established
cially disadvantaged farmers, ranchers, or the enactment of this Act) for participation by section 17 of the Child Nutrition Act of
forest landowners that are former farm loan in disaster programs under section 5(h) of 1966 (42 U.S.C. 1786).
borrowers that suffered related adverse ac- the Food and Nutrition Act of 2008 (7 U.S.C. (4) QUALIFIED FOOD PACKAGE.—The term
tions or past discrimination or bias in De- 2014(h)). ‘‘qualified food package’’ means each of the
partment of Agriculture programs, as deter- SEC. 1102. ADDITIONAL ASSISTANCE FOR SNAP
following food packages (as defined in sec-
mined by the Secretary. ONLINE PURCHASING AND TECH- tion 246.10(e) of title 7, Code of Federal Regu-
(c) DEFINITIONS.—In this section: NOLOGY IMPROVEMENTS. lations (as in effect on the date of the enact-
(1) NONINDUSTRIAL PRIVATE FOREST LAND.— (a) FUNDING.—In addition to amounts oth- ment of this Act)):
The term ‘‘nonindustrial private forest land’’ erwise made available, there is appropriated (A) Food package III–Participants with
has the meaning given the term in section for fiscal year 2021, out of any amounts in qualifying conditions.
1201(a)(18) of the Food Security Act of 1985 the Treasury not otherwise appropriated, (B) Food Package IV–Children 1 through 4
(16 U.S.C. 3801(a)(18)). $25,000,000 to remain available through Sep- years.
(2) SOCIALLY DISADVANTAGED FARMER, tember 30, 2026, to carry out this section. (C) Food Package V–Pregnant and par-
RANCHER, OR FOREST LANDOWNER.—The term (b) USE OF FUNDS.—The Secretary of Agri- tially (mostly) breastfeeding women.
‘‘socially disadvantaged farmer, rancher, or culture may use the amounts made available (D) Food Package VI–Postpartum women.
forest landowner’’ means a farmer, rancher, pursuant to subsection (a)— (E) Food Package VII–Fully breastfeeding.
or owner or operator of nonindustrial private (1) to make technological improvements to (5) SECRETARY.—The term ‘‘Secretary’’
forest land who is a member of a socially dis- improve online purchasing in the supple- means the Secretary of Agriculture.
advantaged group. mental nutrition assistance program estab- (6) STATE AGENCY.—The term ‘‘State agen-
(3) SOCIALLY DISADVANTAGED GROUP.—The lished under the Food and Nutrition Act of cy’’ has the meaning given the term in sec-
term ‘‘socially disadvantaged group’’ has the 2008 (7 U.S.C. 2011 et seq.); tion 17(b) of the Child Nutrition Act of 1966
(2) to modernize electronic benefit transfer (42 U.S.C. 1786(b)).
SSpencer on DSK126QN23PROD with SENATE
meaning given the term in section 2501(a) of
the Food, Agriculture, Conservation, and technology; (b) AUTHORITY TO INCREASE AMOUNT OF
Trade Act of 1990 (7 U.S.C. 2279(a)). (3) to support the mobile technologies dem- CASH-VALUE VOUCHER.—During the public
SEC. 1007. USE OF THE COMMODITY CREDIT COR- onstration projects and the use of mobile health emergency declared by the Secretary
PORATION FOR COMMODITIES AND technologies authorized under section of Health and Human Services under section
ASSOCIATED EXPENSES. 7(h)(14) of the Food and Nutrition Act of 2008 319 of the Public Health Service Act (42
In addition to amounts otherwise made (7 U.S.C. 2016(h)(14)); and U.S.C. 247d) on January 31, 2020, with respect
available, there are appropriated for fiscal (4) to provide technical assistance to edu- to the Coronavirus Disease 2019 (COVID–19),
year 2021, out of any money in the Treasury cate retailers on the process and technical and in response to challenges relating to
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
S1056 CONGRESSIONAL RECORD — SENATE March 4, 2021
that public health emergency, the Secretary individuals who, at the time of such service (c) ALLOCATIONS TO STATES.—The amount
may, in carrying out the program, increase have not attained the age of 25. of each grant under subsection (b) shall be
the amount of a cash-value voucher under a (c) DEFINITIONS.—In this section: allocated by the Secretary to each State in
qualified food package to an amount that is (1) EMERGENCY SHELTER.—The term ‘‘emer- the same proportion as each State received
less than or equal to $35. gency shelter’’ has the meaning given the under part A of title I of the Elementary and
(c) APPLICATION OF INCREASED AMOUNT OF term under section 17(t)(1) of the Richard B. Secondary Education Act of 1965 in the most
CASH-VALUE VOUCHER TO STATE AGENCIES.— Russell National School Lunch Act (42 U.S.C. recent fiscal year.
(1) NOTIFICATION.—An increase to the 1766(t)(1)). (d) SUBGRANTS TO LOCAL EDUCATIONAL
amount of a cash-value voucher under sub- (2) SECRETARY.—The term ‘‘Secretary’’ AGENCIES.—
section (b) shall apply to any State agency means the Secretary of Agriculture. (1) IN GENERAL.—Each State shall allocate
that notifies the Secretary of— SEC. 1108. PANDEMIC EBT PROGRAM.
not less than 87.5 percent of the grant funds
(A) the intent to use that increased awarded to the State under this section as
Section 1101 of the Families First subgrants to local educational agencies (in-
amount, without further application; and Coronavirus Response Act (7 U.S.C. 2011 note;
(B) the applicable period selected by the cluding charter schools that are local edu-
Public Law 116–127) is amended— cational agencies) in the State in proportion
State agency during which that increased (1) in subsection (a)—
amount shall apply. to the amount of funds such local edu-
(A) by striking ‘‘During fiscal years 2020 cational agencies and charter schools that
(2) USE OF INCREASED AMOUNT.—A State and 2021’’ and inserting ‘‘In any school year
agency that makes a notification to the Sec- are local educational agencies received under
in which there is a public health emergency part A of title I of the Elementary and Sec-
retary under paragraph (1) shall use the in- designation’’; and
creased amount described in that para- ondary Education Act of 1965 in the most re-
(B) by inserting ‘‘or in a covered summer cent fiscal year.
graph— period following a school session’’ after ‘‘in
(A) during the applicable period described (2) AVAILABILITY OF FUNDS.—Each State
session’’; shall make allocations under paragraph (1)
in that notification; and (2) in subsection (g), by striking ‘‘During
(B) only during a single applicable period. to local educational agencies in an expedited
fiscal year 2020, the’’ and inserting ‘‘The’’; and timely manner and, to the extent prac-
(d) SUNSET.—The authority of the Sec-
(3) in subsection (h)(1)— ticable, not later than 60 days after the re-
retary under subsection (b), and the author-
(A) by inserting ‘‘either’’ after ‘‘at least 1 ceipt of such funds.
ity of a State agency to increase the amount
child enrolled in such a covered child care fa- (e) USES OF FUNDS.—A local educational
of a cash-value voucher under subsection (c),
cility and’’; and agency that receives funds under this sec-
shall terminate on September 30, 2021.
(e) FUNDING.—In addition to amounts oth- (B) by inserting ‘‘or a Department of Agri- tion—
erwise made available, there is appropriated culture grant-funded nutrition assistance (1) shall reserve not less than 20 percent of
to the Secretary, out of funds in the Treas- program in the Commonwealth of the North- such funds to address learning loss through
ury not otherwise appropriated, $490,000,000 ern Mariana Islands, Puerto Rico, or Amer- the implementation of evidence-based inter-
to carry out this section, to remain available ican Samoa’’ before ‘‘shall be eligible to re- ventions, such as summer learning or sum-
until September 30, 2022. ceive assistance’’; mer enrichment, extended day, comprehen-
SEC. 1106. WIC PROGRAM MODERNIZATION.
(4) by redesignating subsections (i) and (j) sive afterschool programs, or extended
In addition to amounts otherwise avail- as subsections (j) and (k), respectively; school year programs, and ensure that such
able, there are appropriated to the Secretary (5) by inserting after subsection (h) the fol- interventions respond to students’ academic,
of Agriculture, out of amounts in the Treas- lowing: social, and emotional needs and address the
ury not otherwise appropriated, $390,000,000 ‘‘(i) EMERGENCIES DURING SUMMER.—The disproportionate impact of the coronavirus
for fiscal year 2021, to remain available until Secretary of Agriculture may permit a State on the student subgroups described in sec-
September 30, 2024, to carry out outreach, in- agency to extend a State agency plan ap- tion 1111(b)(2)(B)(xi) of the Elementary and
novation, and program modernization ef- proved under subsection (b) for not more Secondary Education Act of 1965 (20 U.S.C.
forts, including appropriate waivers and than 90 days for the purpose of operating the 6311(b)(2)(B)(xi)), students experiencing
flexibility, to increase participation in and plan during a covered summer period, during homelessness, and children and youth in fos-
redemption of benefits under programs es- which time schools participating in the ter care; and
tablished under section 17 of the Child Nutri- school lunch program under the Richard B. (2) shall use the remaining funds for any of
tion Act of 1966 (7 U.S.C. 1431), except that Russell National School Lunch Act or the the following:
such waivers may not relate to the content school breakfast program under section 4 of (A) Any activity authorized by the Ele-
of the WIC Food Packages (as defined in sec- the Child Nutrition Act of 1966 (42 U.S.C. mentary and Secondary Education Act of
tion 246.10(e) of title 7, Code of Federal Regu- 1773) and covered child care facilities shall be 1965.
lations (as in effect on the date of enactment deemed closed for purposes of this section.’’; (B) Any activity authorized by the Individ-
of this Act)), or the nondiscrimination re- (6) in subsection (j) (as so redesignated)— uals with Disabilities Education Act.
quirements under section 246.8 of title 7, (A) by redesignating paragraphs (2) (C) Any activity authorized by the Adult
Code of Federal Regulations (as in effect on through (6) as paragraphs (3) through (7), re- Education and Family Literacy Act.
the date of enactment of this Act). spectively; (D) Any activity authorized by the Carl D.
(B) by inserting after paragraph (1) the fol- Perkins Career and Technical Education Act
SEC. 1107. MEALS AND SUPPLEMENTS REIM-
BURSEMENTS FOR INDIVIDUALS lowing: of 2006.
WHO HAVE NOT ATTAINED THE AGE ‘‘(2) COVERED SUMMER PERIOD.—The term (E) Coordination of preparedness and re-
OF 25. ‘covered summer period’ means a summer sponse efforts of local educational agencies
(a) PROGRAM FOR AT-RISK SCHOOL CHIL- period that follows a school year during with State, local, Tribal, and territorial pub-
DREN.—Beginning on the date of enactment which there was a public health emergency lic health departments, and other relevant
of this section, notwithstanding paragraph designation.’’; and agencies, to improve coordinated responses
(1)(A) of section 17(r) of the Richard B. Rus- (C) in paragraph (5) (as so redesignated), by among such entities to prevent, prepare for,
sell National School Lunch Act (42 U.S.C. striking ‘‘or another coronavirus with pan- and respond to coronavirus.
1766(r)), during the COVID–19 public health demic potential’’; and (F) Activities to address the unique needs
emergency declared under section 319 of the (7) in subsection (k) (as so redesignated), of low-income children or students, children
Public Health Service Act (42 U.S.C. 247d), by inserting ‘‘Federal agencies,’’ before with disabilities, English learners, racial and
the Secretary shall reimburse institutions ‘‘State agencies’’. ethnic minorities, students experiencing
that are emergency shelters under such sec- TITLE II—COMMITTEE ON HEALTH, homelessness, and foster care youth, includ-
tion 17(r) (42 U.S.C. 1766(r)) for meals and EDUCATION, LABOR, AND PENSIONS ing how outreach and service delivery will
supplements served to individuals who, at meet the needs of each population.
Subtitle A—Education Matters
the time of such service— (G) Developing and implementing proce-
(1) have not attained the age of 25; and PART 1—DEPARTMENT OF EDUCATION dures and systems to improve the prepared-
(2) are receiving assistance, including non- SEC. 2001. ELEMENTARY AND SECONDARY ness and response efforts of local educational
residential assistance, from such emergency SCHOOL EMERGENCY RELIEF FUND. agencies.
shelter. (a) IN GENERAL.—In addition to amounts (H) Training and professional development
(b) PARTICIPATION BY EMERGENCY SHEL- otherwise available through the Education for staff of the local educational agency on
TERS.—Beginning on the date of enactment Stabilization Fund, there is appropriated to sanitation and minimizing the spread of in-
of this section, notwithstanding paragraph the Department of Education for fiscal year fectious diseases.
SSpencer on DSK126QN23PROD with SENATE
(5)(A) of section 17(t) of the Richard B. Rus- 2021, out of any money in the Treasury not (I) Purchasing supplies to sanitize and
sell National School Lunch Act (42 U.S.C. otherwise appropriated, $125,804,800,000, to re- clean the facilities of a local educational
1766(t)), during the COVID–19 public health main available through September 30, 2023, agency, including buildings operated by such
emergency declared under section 319 of the to carry out this section. agency.
Public Health Service Act (42 U.S.C. 247d), (b) GRANTS.—From funds provided under (J) Planning for, coordinating, and imple-
the Secretary shall reimburse emergency subsection (a), the Secretary shall make menting activities during long-term clo-
shelters under such section 17(t) (42 U.S.C. grants to each State educational agency in sures, including providing meals to eligible
1766(t)) for meals and supplements served to accordance with this section. students, providing technology for online
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1057
learning to all students, providing guidance sive afterschool programs, or extended (3) the term ‘‘State’’ means each of the 50
for carrying out requirements under the In- school year programs, and ensure that such States, the District of Columbia, and the
dividuals with Disabilities Education Act interventions respond to students’ academic, Commonwealth of Puerto Rico.
and ensuring other educational services can social, and emotional needs and address the SEC. 2002. EMERGENCY ASSISTANCE TO NON-
continue to be provided consistent with all disproportionate impact of the coronavirus PUBLIC SCHOOLS.
Federal, State, and local requirements. on the student subgroups described in sec- (a) IN GENERAL.—In addition to amounts
(K) Purchasing educational technology (in- tion 1111(b)(2)(B)(xi) of the Elementary and otherwise available through the Emergency
cluding hardware, software, and Secondary Education Act of 1965 (20 U.S.C. Assistance to Non-Public Schools Program,
connectivity) for students who are served by 6311(b)(2)(B)(xi)), students experiencing there is appropriated to the Department of
the local educational agency that aids in homelessness, and children and youth in fos- Education for fiscal year 2021, out of any
regular and substantive educational inter- ter care, including by providing additional money in the Treasury not otherwise appro-
action between students and their classroom support to local educational agencies to priated, $2,750,000,000, to remain available
instructors, including low-income students fully address such impacts; through September 30, 2023, for making allo-
and children with disabilities, which may in- (2) shall reserve not less than 1 percent of cations to Governors under the Emergency
clude assistive technology or adaptive equip- the total amount of grant funds awarded to Assistance to Non-Public Schools Program
ment. the State under this section to carry out, di- to provide services or assistance to non-pub-
(L) Providing mental health services and rectly or through grants or contracts, the lic schools that enroll a significant percent-
supports, including through the implementa- implementation of evidence-based summer age of low-income students and are most im-
tion of evidence-based full-service commu- enrichment programs, and ensure such pro- pacted by the qualifying emergency.
nity schools. grams respond to students’ academic, social, (b) LIMITATIONS.—Funds provided under
(M) Planning and implementing activities and emotional needs and address the dis- subsection (a) shall not be used to provide re-
related to summer learning and supple- proportionate impact of the coronavirus on imbursements to any non-public school.
mental afterschool programs, including pro- the student populations described in section
SEC. 2003. HIGHER EDUCATION EMERGENCY RE-
viding classroom instruction or online learn- 1111(b)(2)(B)(xi) of the Elementary and Sec- LIEF FUND.
ing during the summer months and address- ondary Education Act of 1965 (20 U.S.C.
In addition to amounts otherwise avail-
ing the needs of low-income students, chil- 6311(b)(2)(B)(xi)), students experiencing
dren with disabilities, English learners, mi- homelessness, and children and youth in fos- able, there is appropriated to the Depart-
grant students, students experiencing home- ter care; ment of Education for fiscal year 2021, out of
lessness, and children in foster care. (3) shall reserve not less than 1 percent of any money in the Treasury not otherwise ap-
(N) Addressing learning loss among stu- the total amount of grant funds awarded to propriated, $39,584,570,000, to remain avail-
dents, including low-income students, chil- the State under this section to carry out, di- able through September 30, 2023, for making
dren with disabilities, English learners, ra- rectly or through grants or contracts, the allocations to institutions of higher edu-
cial and ethnic minorities, students experi- implementation of evidence-based com- cation in accordance with the same terms
encing homelessness, and children and youth prehensive afterschool programs, and ensure and conditions of section 314 of the
in foster care, of the local educational agen- such programs respond to students’ aca- Coronavirus Response and Relief Supple-
cy, including by— demic, social, and emotional needs and ad- mental Appropriations Act, 2021 (division M
(i) administering and using high-quality dress the disproportionate impact of the of Public Law 116–260), except that—
assessments that are valid and reliable, to coronavirus on the student populations de- (1) subsection (a)(1) of such section 314
accurately assess students’ academic scribed in section 1111(b)(2)(B)(xi) of the Ele- shall be applied by substituting ‘‘91 percent’’
progress and assist educators in meeting stu- mentary and Secondary Education Act of for ‘‘89 percent’’;
dents’ academic needs, including through 1965 (20 U.S.C. 6311(b)(2)(B)(xi)), students ex- (2) subsection (a)(2) of such section 314
differentiating instruction; periencing homelessness, and children and shall be applied—
(ii) implementing evidence-based activities youth in foster care; (A) in the matter preceding subparagraph
to meet the comprehensive needs of stu- (4) shall reserve 2.5 percent of the total (A), by substituting ‘‘under the heading
dents; amount of grant funds awarded to the State ‘Higher Education’ in the Department of
(iii) providing information and assistance under this section to carry out, directly or Education Appropriations Act, 2020’’ for ‘‘in
to parents and families on how they can ef- through grants or contracts, the purchase of the Further Consolidated Appropriations
fectively support students, including in a educational technology (including hardware, Act, 2020 (Public Law 116–94)’’; and
distance learning environment; and software, and connectivity) for students who (B) in subparagraph (B), by substituting
(iv) tracking student attendance and im- are served by the local educational agencies ‘‘under the heading ‘Higher Education’ in the
proving student engagement in distance edu- in the State that aids in regular and sub- Department of Education Appropriations
cation. stantive educational interaction between Act, 2020’’ for ‘‘in the Further Consolidated
(O) School facility repairs and improve- students and their classroom instructors, in- Appropriations Act, 2020 (Public Law 116–
ments to enable operation of schools to re- cluding low-income students and children 94)’’;
duce risk of virus transmission and exposure with disabilities, which may include assist- (3) an institution that receives an alloca-
to environmental health hazards, and to sup- ive technology or adaptive equipment; and tion apportioned in accordance with clause
port student health needs. (5) may reserve not more than one-half of (iii) of subsection (a)(2)(A) of such section 314
(P) Inspection, testing, maintenance, re- 1 percent of the total amount of grant funds that has a total endowment size of less than
pair, replacement, and upgrade projects to awarded to the State under this section for $1,000,000 (including an institution that does
improve the indoor air quality in school fa- administrative costs and the remainder for not have an endowment) shall be treated by
cilities, including mechanical and non-me- emergency needs as determined by the State the Secretary as having a total endowment
chanical heating, ventilation, and air condi- educational agency to address issues re- size of $1,000,000 for the purposes of such
tioning systems, filtering, purification and sponding to coronavirus, which may be ad- clause (iii);
other air cleaning, fans, control systems, and dressed through the use of grants or con- (4) subsection (a)(4) of such section 314
window and door repair and replacement. tracts. shall be applied by substituting ‘‘1 percent’’
(Q) Developing strategies and imple- (g) REALLOCATION.—A State shall return to for ‘‘3 percent’’;
menting public health protocols including, the Secretary any funds received under this (5) except as provided in paragraphs (7) and
to the greatest extent practicable, policies in section that the State does not award within (9) of subsection (d) of such section 314, an
line with guidance from the Centers for Dis- 1 year of receiving such funds and the Sec- institution shall use a portion of funds re-
ease Control and Prevention for the reopen- retary shall reallocate such funds to the re- ceived under this section to—
ing and operation of school facilities to ef- maining States in accordance with sub- (A) implement evidence-based practices to
fectively maintain the health and safety of section (c). monitor and suppress coronavirus in accord-
students, educators, and other staff. (h) DEFINITIONS.—In this section— ance with public health guidelines; and
(R) Other activities that are necessary to (1) the terms ‘‘child’’, ‘‘children with dis- (B) conduct direct outreach to financial
maintain the operation of and continuity of abilities’’, ‘‘distance education’’, ‘‘elemen- aid applicants about the opportunity to re-
services in local educational agencies and tary school’’, ‘‘English learner’’, ‘‘evidence- ceive a financial aid adjustment due to the
continuing to employ existing staff of the based’’, ‘‘secondary school’’, ‘‘local edu- recent unemployment of a family member or
local educational agency. cational agency’’, ‘‘parent’’, ‘‘Secretary’’, independent student, or other circumstances,
(f) STATE FUNDING.—With funds not other- ‘‘State educational agency’’, and ‘‘tech- described in section 479A of the Higher Edu-
wise allocated under subsection (d), a State— nology’’ have the meanings given those cation Act of 1965 (20 U.S.C. 1087tt);
SSpencer on DSK126QN23PROD with SENATE
(1) shall reserve not less than 5 percent of terms in section 8101 of the Elementary and (6) the following shall not apply to funds
the total amount of grant funds awarded to Secondary Education Act of 1965 (20 U.S.C. provided or received in accordance with this
the State under this section to carry out, di- 7801); section—
rectly or through grants or contracts, activi- (2) the term ‘‘full-service community (A) subsection (b) of such section 314;
ties to address learning loss by supporting school’’ has the meaning given that term in (B) paragraph (2) of subsection (c) of such
the implementation of evidence-based inter- section 4622(2) of the Elementary and Sec- section 314;
ventions, such as summer learning or sum- ondary Education Act of 1965 (20 U.S.C. (C) paragraphs (1), (2), (4), (5), (6), and (8) of
mer enrichment, extended day, comprehen- 7272(2)); and subsection (d) of such section 314;
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
S1058 CONGRESSIONAL RECORD — SENATE March 4, 2021
(D) subsections (e) and (f) of such section (ii) the number of children enrolled in all educational agencies in the State in the pre-
314; and schools served by the local educational agen- vious fiscal year; divided by
(E) section 316 of the Coronavirus Response cy in such fiscal year. (B) the aggregate number of children en-
and Relief Supplemental Appropriations Act, (2) EXCEPTION.—Paragraph (1) shall not rolled in all schools served by all local edu-
2021 (division M of Public Law 116–260); and apply to a local educational agency in fiscal cational agencies in the State in the fiscal
(7) an institution that receives an alloca- year 2022 or 2023 that meets at least 1 of the year for which the determination is being
tion under this section apportioned in ac- following criteria in such fiscal year: made.
cordance with subparagraphs (A) through (D) (A) Such local educational agency has a (6) STATE.—The term ‘‘State’’ means each
of subsection (a)(1) of such section 314 shall total enrollment of less than 1,000 students. of the 50 States, the District of Columbia,
use not less than 50 percent of such alloca- (B) Such local educational agency operates and the Commonwealth of Puerto Rico.
tion to provide emergency financial aid a single school. SEC. 2005. OUTLYING AREAS.
grants to students in accordance with sub- (C) Such local educational agency serves In addition to amounts otherwise avail-
section (c)(3) of such section 314. all students within each grade span with a able, there is appropriated to the Depart-
SEC. 2004. MAINTENANCE OF EFFORT AND MAIN- single school. ment of Education for fiscal year 2021, out of
TENANCE OF EQUITY. (D) Such local educational agency dem- any money in the Treasury not otherwise ap-
(a) STATE MAINTENANCE OF EFFORT.— onstrates an exceptional or uncontrollable propriated, $850,000,000, to remain available
(1) IN GENERAL.—As a condition of receiv- circumstance, such as unpredictable changes through September 30, 2023, for the Secretary
ing funds under section 2001, a State shall in student enrollment or a precipitous de- of Education to allocate awards to the out-
maintain support for elementary and sec- cline in the financial resources of such agen- lying areas on the basis of their respective
ondary education, and for higher education cy, as determined by the Secretary of Edu- needs, as determined by the Secretary, to be
cation. allocated not more than 30 calendar days
(which shall include State funding to institu-
(d) DEFINITIONS.—In this section: after the date of enactment of this Act.
tions of higher education and State need- (1) ELEMENTARY EDUCATION; SECONDARY
based financial aid, and shall not include SEC. 2006. GALLAUDET UNIVERSITY.
EDUCATION.—The terms ‘‘elementary edu- In addition to amounts otherwise avail-
support for capital projects or for research cation’’ and ‘‘secondary education’’ have the
and development or tuition and fees paid by able, there is appropriated to the Depart-
meaning given such terms under State law. ment of Education for fiscal year 2021, out of
students), in each of fiscal years 2022 and 2023 (2) HIGHEST POVERTY LOCAL EDUCATIONAL
at least at the proportional levels of such any money in the Treasury not otherwise ap-
AGENCY.—The term ‘‘highest poverty local propriated, $19,250,000, to remain available
State’s support for elementary and sec- educational agency’’ means a local edu-
ondary education and for higher education through September 30, 2023, for the Kendall
cational agency that is among the group of Demonstration Elementary School, the
relative to such State’s overall spending, local educational agencies in the State
averaged over fiscal years 2017, 2018, and 2019. Model Secondary School for the Deaf, and
that— Gallaudet University to prevent, prepare for,
(2) WAIVER.—For the purpose of relieving (A) in rank order, have the highest per-
fiscal burdens incurred by States in pre- and respond to coronavirus, including to de-
centages of economically disadvantaged stu- fray expenses associated with coronavirus
venting, preparing for, and responding to the dents in the State, on the basis of the most
coronavirus, the Secretary of Education may (including lost revenue, reimbursement for
recent satisfactory data available from the expenses already incurred, technology costs
waive any maintenance of effort require- Department of Commerce (or, for local edu-
ments associated with the Education Sta- associated with a transition to distance edu-
cational agencies for which no such data are cation, faculty and staff trainings, and pay-
bilization Fund. available, such other data as the Secretary roll) and to provide financial aid grants to
(b) STATE MAINTENANCE OF EQUITY.— of Education determines are satisfactory); students, which may be used for any compo-
(1) HIGH-NEED LOCAL EDUCATIONAL AGEN- and nent of the student’s cost of attendance.
CIES.—As a condition of receiving funds (B) collectively serve not less than 20 per- SEC. 2007. STUDENT AID ADMINISTRATION.
under section 2001, a State educational agen- cent of the State’s total enrollment of stu- In addition to amounts otherwise avail-
cy shall not, in fiscal year 2022 or 2023, re- dents served by all local educational agen- able, there is appropriated to the Depart-
duce State funding (as calculated on a per- cies in the State. ment of Education for fiscal year 2021, out of
pupil basis) for any high-need local edu- (3) HIGH-NEED LOCAL EDUCATIONAL AGEN- any money in the Treasury not otherwise ap-
cational agency in the State by an amount CY.—The term ‘‘high-need local educational
propriated, $91,130,000, to remain available
that exceeds the overall per-pupil reduction agency’’ means a local educational agency through September 30, 2023, for Student Aid
in State funds, if any, across all local edu- that is among the group of local educational Administration within the Department of
cational agencies in such State in such fiscal agencies in the State that— Education to prevent, prepare for, and re-
year. (A) in rank order, have the highest per- spond to coronavirus including direct out-
(2) HIGHEST POVERTY LOCAL EDUCATIONAL centages of economically disadvantaged stu- reach to students and borrowers about finan-
AGENCIES.—Notwithstanding paragraph (1), dents in the State, on the basis of the most cial aid, economic impact payments, means-
as a condition of receiving funds under sec- recent satisfactory data available from the tested benefits, unemployment assistance,
tion 2001, a State educational agency shall Department of Commerce (or, for local edu- and tax benefits, for which the students and
not, in fiscal year 2022 or 2023, reduce State cational agencies for which no such data are borrowers may be eligible.
funding (as calculated on a per-pupil basis) available, such other data as the Secretary SEC. 2008. HOWARD UNIVERSITY.
for any highest poverty local educational of Education determines are satisfactory); In addition to amounts otherwise avail-
agency below the level of funding (as cal- and able, there is appropriated to the Depart-
culated on a per-pupil basis) provided to each (B) collectively serve not less than 50 per- ment of Education for fiscal year 2021, out of
such local educational agency in fiscal year cent of the State’s total enrollment of stu- any money in the Treasury not otherwise ap-
2019. dents served by all local educational agen- propriated, $35,000,000, to remain available
(c) LOCAL EDUCATIONAL AGENCY MAINTE- cies in the State. through September 30, 2023, for Howard Uni-
NANCE OF EQUITY FOR HIGH-POVERTY (4) HIGH-POVERTY SCHOOL.— versity to prevent, prepare for, and respond
SCHOOLS.— (A) IN GENERAL.—The term ‘‘high-poverty to coronavirus, including to defray expenses
(1) IN GENERAL.—As a condition of receiv- school’’ means, with respect to a school associated with coronavirus (including lost
ing funds under section 2001, a local edu- served by a local educational agency, a revenue, reimbursement for expenses already
cational agency shall not, in fiscal year 2022 school that is in the highest quartile of incurred, technology costs associated with a
or 2023— schools served by such local educational transition to distance education, faculty and
(A) reduce per-pupil funding (from com- agency based on the percentage of economi- staff trainings, and payroll) and to provide
bined State and local funding) for any high- cally disadvantaged students served, as de- financial aid grants to students, which may
poverty school served by such local edu- termined by the State in accordance with be used for any component of the student’s
cational agency by an amount that exceeds— subparagraph (B). cost of attendance.
(i) the total reduction in local educational (B) DETERMINATION.—In making the deter- SEC. 2009. NATIONAL TECHNICAL INSTITUTE FOR
agency funding (from combined State and mination under subparagraph (A), a State THE DEAF.
local funding) for all schools served by the shall select a measure of poverty established In addition to amounts otherwise avail-
local educational agency in such fiscal year for the purposes of this paragraph by the able, there is appropriated to the Depart-
(if any); divided by Secretary of Education and apply such meas- ment of Education for fiscal year 2021, out of
(ii) the number of children enrolled in all ure consistently to all schools in the State. any money in the Treasury not otherwise ap-
schools served by the local educational agen- (5) OVERALL PER-PUPIL REDUCTION IN STATE propriated, $19,250,000, to remain available
SSpencer on DSK126QN23PROD with SENATE
cy in such fiscal year; or FUNDS.—The term ‘‘overall per-pupil reduc- through September 30, 2023, for the National
(B) reduce per-pupil, full-time equivalent tion in State funds’’ means, with respect to Technical Institute for the Deaf to prevent,
staff in any high-poverty school by an a fiscal year— prepare for, and respond to coronavirus, in-
amount that exceeds— (A) the amount of any reduction in the cluding to defray expenses associated with
(i) the total reduction in full-time equiva- total amount of State funds provided to all coronavirus (including lost revenue, reim-
lent staff in all schools served by such local local educational agencies in the State in bursement for expenses already incurred,
educational agency in such fiscal year (if such fiscal year compared to the total technology costs associated with a transi-
any); divided by amount of such funds provided to all local tion to distance education, faculty and staff
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1059
training, and payroll) and to provide finan- (2) Sixty percent shall be for direct grants, (2) $12,500,000 shall be for the Office of In-
cial aid grants to students, which may be and relevant administrative expenses, that spector General.
used for any component of the student’s cost support organizations’ programming and Subtitle C—Human Services and Community
of attendance. general operating expenses to cover up to 100 Supports
SEC. 2010. INSTITUTE OF EDUCATION SCIENCES. percent of the costs of the programs which SEC. 2201.
CHILD CARE AND DEVELOPMENT
In addition to amounts otherwise avail- the grants support, to prevent, prepare for, BLOCK GRANT PROGRAM.
able, there is appropriated to the Depart- respond to, and recover from the (a) CHILD CARE AND DEVELOPMENT BLOCK
ment of Education for fiscal year 2021, out of coronavirus. GRANT FUNDING.—In addition to amounts
any money in the Treasury not otherwise ap- SEC. 2022. NATIONAL ENDOWMENT FOR THE HU- otherwise available, there is appropriated for
propriated, $100,000,000, to remain available MANITIES. fiscal year 2021, out of any amounts in the
through September 30, 2023, for the Institute In addition to amounts otherwise avail- Treasury not otherwise appropriated,
of Education Sciences to carry out research able, there is appropriated for fiscal year $14,990,000,000, to remain available through
related to addressing learning loss caused by 2021, out of any money in the Treasury not September 30, 2021, to carry out the program
the coronavirus among the student sub- otherwise appropriated, $135,000,000, to re- authorized under section 658C of the Child
groups described in section 1111(b)(2)(B)(xi) main available until expended, under the Na- Care and Development Block Grant Act of
of the Elementary and Secondary Education tional Foundation on the Arts and the Hu- 1990 (42 U.S.C. 9858a) without regard to re-
Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi)) and manities Act of 1965, as follows: quirements in sections 658E(c)(3)(E) or 658G
students experiencing homelessness and chil- (1) Forty percent shall be for grants, and of such Act (42 U.S.C. 9858c(c)(3)(E), 9858e).
dren and youth in foster care, and to dis- relevant administrative expenses, to State Payments made to States, territories, Indian
seminate such findings to State educational humanities councils that support humanities Tribes, and Tribal organizations from funds
agencies and local educational agencies and organizations’ programming and general op- made available under this subsection shall
other appropriate entities. erating expenses to cover up to 100 percent of be obligated in fiscal year 2021 or the suc-
SEC. 2011. PROGRAM ADMINISTRATION. the costs of the programs which the grants ceeding 2 fiscal years. States, territories, In-
In addition to amounts otherwise avail- support, to prevent, prepare for, respond to, dian Tribes, and Tribal organizations are au-
able, there is appropriated to the Depart- and recover from the coronavirus. thorized to use such funds to provide child
ment of Education for fiscal year 2021, out of (2) Sixty percent shall be for direct grants, care assistance to health care sector employ-
any money in the Treasury not otherwise ap- and relevant administrative expenses, that ees, emergency responders, sanitation work-
propriated, $15,000,000, to remain available support humanities organizations’ program- ers, and other workers deemed essential dur-
through September 30, 2024, for Program Ad- ming and general operating expenses to ing the response to coronavirus by public of-
ministration within the Department of Edu- cover up to 100 percent of the costs of the ficials, without regard to the income eligi-
cation to prevent, prepare for, and respond programs which the grants support, to pre- bility requirements of section 658P(4) of the
to coronavirus, and for salaries and expenses vent, prepare for, respond to, and recover Child Care and Development Block Grant
necessary to implement this part. from the coronavirus. Act (42 U.S.C. 9858n(4)).
SEC. 2012. OFFICE OF INSPECTOR GENERAL. SEC. 2023. INSTITUTE OF MUSEUM AND LIBRARY (b) ADMINISTRATIVE COSTS.—In addition to
SERVICES. amounts otherwise available, there is appro-
In addition to amounts otherwise avail-
In addition to amounts otherwise avail- priated for fiscal year 2021, out of any
able, there is appropriated to the Depart-
able, there is appropriated to the Institute of amounts in the Treasury not otherwise ap-
ment of Education for fiscal year 2021, out of
Museum and Library Services for fiscal year propriated, $35,000,000, to remain available
any money in the Treasury not otherwise ap-
2021, out of any money in the Treasury not through September 30, 2025, for the costs of
propriated, $5,000,000, to remain available
otherwise appropriated, $200,000,000, to re- providing technical assistance and con-
until expended, for the Office of Inspector
main available until expended, for necessary ducting research and for the administrative
General of the Department of Education, for
expenses to carry out museum and library costs to carry out this section and section
salaries and expenses necessary for over- 2202 of this subtitle.
sight, investigations, and audits of pro- services. The Director of the Institute of Mu-
seum and Library Services shall award not SEC. 2202. CHILD CARE STABILIZATION.
grams, grants, and projects funded under
less than 89 percent of such funds to State li- (a) DEFINITIONS.—In this section:
this part carried out by the Office of Inspec-
brary administrative agencies by applying (1) COVID–19 PUBLIC HEALTH EMERGENCY.—
tor General.
the formula in section 221(b) of the Museum The term ‘‘COVID–19 public health emer-
SEC. 2013. MODIFICATION OF REVENUE REQUIRE-
MENTS FOR PROPRIETARY INSTITU- and Library Services Act, except that— gency’’ means the public health emergency
TIONS OF HIGHER EDUCATION. (1) section 221(b)(3)(A) of such Act shall be declared by the Secretary of Health and
(a) IN GENERAL.—Section 487(a)(24) of the applied by substituting ‘‘$2,000,000’’ for Human Services under section 319 of the
Higher Education Act of 1965 (20 U.S.C. ‘‘$680,000’’ and by substituting ‘‘$200,000’’ for Public Health Service Act (42 U.S.C. 247d) on
1094(a)(24)) is amended by striking ‘‘funds ‘‘$60,000’’; and January 31, 2020, with respect to COVID–19,
provided under this title’’ and inserting (2) section 221(b)(3)(C) and subsections (b) including any renewal of the declaration.
‘‘Federal funds that are disbursed or deliv- and (c) of section 223 of such Act shall not (2) ELIGIBLE CHILD CARE PROVIDER.—The
ered to or on behalf of a student to be used apply to funds provided under this section. term ‘‘eligible child care provider’’ means—
to attend such institution (referred to in this (A) an eligible child care provider as de-
Subtitle B—Labor Matters
paragraph and subsection (d) as ‘Federal edu- fined in section 658P of the Child Care and
SEC. 2101.FUNDING FOR DEPARTMENT OF Development Block Grant Act of 1990 (42
cation assistance funds’)’’. LABOR WORKER PROTECTION AC-
(b) IMPLEMENTATION OF NON-FEDERAL REV- U.S.C. 9858n); or
TIVITIES.
ENUE REQUIREMENT.—Section 487(d) of the (B) a child care provider that is licensed,
(a) APPROPRIATION.—In addition to regulated, or registered in the State, terri-
Higher Education Act of 1965 (20 U.S.C. amounts otherwise made available, out of
1094(d)) is amended— tory, or Indian Tribe on the date of enact-
any funds in the Treasury not otherwise ap- ment of this Act and meets applicable State
(1) in the subsection heading, by striking propriated, there are appropriated to the
‘‘Non-title IV’’ and inserting ‘‘Non-Federal’’; and local health and safety requirements.
Secretary of Labor for fiscal year 2021, (b) CHILD CARE STABILIZATION FUNDING.—In
and $200,000,000, to remain available until Sep-
(2) in paragraph (1)(C), by striking ‘‘funds addition to amounts otherwise available,
tember 30, 2023, for the Wage and Hour Divi- there is appropriated for fiscal year 2021, out
for a program under this title’’ and inserting sion, the Office of Workers’ Compensation
‘‘Federal education assistance funds’’. of any amounts in the Treasury not other-
Programs, the Office of the Solicitor, the wise appropriated, $23,975,000,000, to remain
PART 2—MISCELLANEOUS Mine Safety and Health Administration, and available through September 30, 2021, for
SEC. 2021. NATIONAL ENDOWMENT FOR THE the Occupational Safety and Health Admin- grants under this section in accordance with
ARTS. istration to carry out COVID–19 related the Child Care and Development Block Grant
In addition to amounts otherwise avail- worker protection activities, and for the Of- Act of 1990.
able, there is appropriated for fiscal year fice of Inspector General for oversight of the (c) GRANTS.—From the amounts appro-
2021, out of any money in the Treasury not Secretary’s activities to prevent, prepare for, priated to carry out this section and under
otherwise appropriated, $135,000,000, to re- and respond to COVID–19. the authority of section 658O of the Child
main available until expended, under the Na- (b) ALLOCATION OF AMOUNTS.—Amounts ap- Care and Development Block Grant Act of
tional Foundation on the Arts and the Hu- propriated under subsection (a) shall be allo- 1990 (42 U.S.C. 9858m) and this section, the
manities Act of 1965, as follows: cated as follows: Secretary shall award to each lead agency a
(1) Forty percent shall be for grants, and (1) Not less than $100,000,000 shall be for the child care stabilization grant, without re-
SSpencer on DSK126QN23PROD with SENATE
relevant administrative expenses, to State Occupational Safety and Health Administra- gard to the requirements in subparagraphs
arts agencies and regional arts organizations tion, of which $10,000,000 shall be for Susan (C) and (E) of section 658E(c)(3), and in sec-
that support organizations’ programming Harwood training grants and not less than tion 658G, of the Child Care and Development
and general operating expenses to cover up $5,000,000 shall be for enforcement activities Block Grant Act of 1990 (42 U.S.C. 9858c(c)(3),
to 100 percent of the costs of the programs related to COVID–19 at high risk workplaces 9858e). Such grant shall be allotted in accord-
which the grants support, to prevent, prepare including health care, meat and poultry ance with section 658O of the Child Care and
for, respond to, and recover from the processing facilities, agricultural workplaces Development Block Grant Act of 1990 (42
coronavirus. and correctional facilities. U.S.C. 9858m).
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
S1060 CONGRESSIONAL RECORD — SENATE March 4, 2021
(d) STATE RESERVATIONS AND SUBGRANTS.— at least 50 percent of the funds received pur- sidered to be a reference to ‘the end of fiscal
(1) RESERVATION.—A lead agency for a suant to subsection (c) that are available for year 2025’; and
State that receives a child care stabilization subgrants described in this paragraph within ‘‘(D) funds made available to a State in a
grant pursuant to subsection (c) shall re- 9 months of the date of enactment of this grant under section 306(a) and obligated in a
serve not more than 10 percent of such grant Act. timely manner shall be available for expend-
funds to administer subgrants, provide tech- (e) USES OF FUNDS.— iture, by the State or a recipient of funds
nical assistance and support for applying for (1) IN GENERAL.—A qualified child care pro- from the grant, through the end of fiscal
and accessing the subgrant opportunity, pub- vider that receives funds through such a year 2025;
licize the availability of the subgrants, carry subgrant shall use the funds for at least one ‘‘(2) $18,000,000 to carry out section 309.
out activities to increase the supply of child of the following: ‘‘(3) $2,000,000 to carry out section 313, of
care, and provide technical assistance to (A) Personnel costs, including payroll and which $1,000,000 shall be allocated to support
help child care providers implement policies salaries or similar compensation for an em- Indian communities.’’.
as described in paragraph (2)(D)(i). ployee (including any sole proprietor or inde- (b) COVID–19 PUBLIC HEALTH EMERGENCY
(2) SUBGRANTS TO QUALIFIED CHILD CARE pendent contractor), employee benefits, pre- DEFINED.—In this section, the term ‘‘COVID–
PROVIDERS.— mium pay, or costs for employee recruit- 19 public health emergency’’ means the pub-
(A) IN GENERAL.—The lead agency shall use ment and retention. lic health emergency declared by the Sec-
the remainder of the grant funds awarded (B) Rent (including rent under a lease retary of Health and Human Services under
pursuant to subsection (c) to make subgrants agreement) or payment on any mortgage ob- section 319 of the Public Health Service Act
to qualified child care providers described in ligation, utilities, facility maintenance or (42 U.S.C. 247d) on January 31, 2020, with re-
subparagraph (B), regardless of such a pro- improvements, or insurance. spect to COVID–19, including any renewal of
vider’s previous receipt of other Federal as- (C) Personal protective equipment, clean- the declaration.
sistance, to support the stability of the child ing and sanitization supplies and services, or (c) GRANTS TO SUPPORT CULTURALLY SPE-
care sector during and after the COVID–19 training and professional development re- CIFIC POPULATIONS.—
public health emergency. lated to health and safety practices. (1) IN GENERAL.—In addition to amounts
(B) QUALIFIED CHILD CARE PROVIDER.—To be (D) Purchases of or updates to equipment otherwise made available, there is appro-
qualified to receive a subgrant under this and supplies to respond to the COVID–19 pub- priated, out of any amounts in the Treasury
paragraph, a provider shall be an eligible lic health emergency. not otherwise appropriated, to the Secretary
child care provider that on the date of sub- (E) Goods and services necessary to main- of Health and Human Services (in this sec-
mission of an application for the subgrant, tain or resume child care services. tion referred to as the ‘‘Secretary’’),
was either— (F) Mental health supports for children and $49,500,000 for fiscal year 2021, to be available
(i) open and available to provide child care employees. until expended, to carry out this subsection
services; or (2) REIMBURSEMENT.—The qualified child (excluding Federal administrative costs, for
(ii) closed due to public health, financial care provider may use the subgrant funds to which funds are appropriated under sub-
hardship, or other reasons relating to the reimburse the provider for sums obligated or section (e)).
COVID–19 public health emergency. expended before the date of enactment of (2) USE OF FUNDS.—From amounts appro-
(C) SUBGRANT AMOUNT.—The amount of this Act for the cost of a good or service de- priated under paragraph (1), the Secretary
such a subgrant to a qualified child care pro- scribed in paragraph (1) to respond to the acting through the Director of the Family
vider shall be based on the provider’s stated COVID–19 public health emergency. Violence Prevention and Services Program,
current operating expenses, including costs (f) SUPPLEMENT NOT SUPPLANT.—Amounts shall—
associated with providing or preparing to made available to carry out this section (A) support culturally specific community-
provide child care services during the shall be used to supplement and not supplant based organizations to provide culturally
COVID–19 public health emergency, and to other Federal, State, and local public funds specific activities for survivors of sexual as-
the extent practicable, cover sufficient oper- expended to provide child care services for sault and domestic violence, to address
ating expenses to ensure continuous oper- eligible individuals. emergent needs resulting from the COVID–19
ations for the intended period of the SEC. 2203. HEAD START. public health emergency and other public
subgrant. In addition to amounts otherwise avail- health concerns; and
(D) APPLICATION.—The lead agency shall— able, there is appropriated for fiscal year (B) support culturally specific community-
(i) make available on the lead agency’s 2021, out of any amounts in the Treasury not based organizations that provide culturally
website an application for qualified child otherwise appropriated, $1,000,000,000, to re- specific activities to promote strategic part-
care providers that includes certifications main available through September 30, 2022, nership development and collaboration in re-
that, for the duration of the subgrant— to carry out the Head Start Act, including sponding to the impact of COVID–19 and
(I) the provider applying will, when open for Federal administrative expenses. After other public health concerns on survivors of
and available to provide child care services, reserving funds for Federal administrative sexual assault and domestic violence.
implement policies in line with guidance expenses, the Secretary shall allocate all re- (d) GRANTS TO SUPPORT SURVIVORS OF SEX-
from the corresponding State, Tribal, and maining amounts to Head Start agencies for UAL ASSAULT.—
local authorities, and in accordance with one-time grants, and shall allocate to each (1) IN GENERAL.—In addition to amounts
State, Tribal, and local orders, and, to the Head Start agency an amount that bears the otherwise made available, there is appro-
greatest extent possible, implement policies same ratio to the portion available for allo- priated, out of any amounts in the Treasury
in line with guidance from the Centers for cations as the number of enrolled children not otherwise appropriated, to the Sec-
Disease Control and Prevention; served by the Head Start agency bears to the retary, $198,000,000 for fiscal year 2021, to be
(II) for each employee, the provider will number of enrolled children served by all available until expended, to carry out this
pay not less than the full compensation, in- Head Start agencies. subsection (excluding Federal administrative
cluding any benefits, that was provided to SEC. 2204. PROGRAMS FOR SURVIVORS. costs, for which funds are appropriated under
the employee as of the date of submission of (a) IN GENERAL.—Section 303 of the Family subsection (e)).
the application for the subgrant (referred to Violence Prevention and Services Act (42 (2) USE OF FUNDS.—From amounts appro-
in this subclause as ‘‘full compensation’’), U.S.C. 10403) is amended by adding at the end priated under paragraph (1), the Secretary
and will not take any action that reduces the following: acting through the Director of the Family
the weekly amount of the employee’s com- ‘‘(d) ADDITIONAL FUNDING.—For the pur- Violence Prevention and Services Program,
pensation below the weekly amount of full poses of carrying out this title, in addition shall assist rape crisis centers in
compensation, or that reduces the employ- to amounts otherwise made available for transitioning to virtual services and meeting
ee’s rate of compensation below the rate of such purposes, there are appropriated, out of the emergency needs of survivors.
full compensation, including the involuntary any amounts in the Treasury not otherwise (e) ADMINISTRATIVE COSTS.—In addition to
furloughing of any employee employed on appropriated, for fiscal year 2021, to remain amounts otherwise made available, there is
the date of submission of the application for available until expended except as otherwise appropriated to the Secretary, out of any
the subgrant; and provided in this subsection, each of the fol- amounts in the Treasury not otherwise ap-
(III) the provider will provide relief from lowing: propriated, $2,500,000 for fiscal year 2021, to
copayments and tuition payments for the ‘‘(1) $180,000,000 to carry out sections 301 remain available until expended, for the Fed-
families enrolled in the provider’s program, through 312, to be allocated in the manner eral administrative costs of carrying out
to the extent possible, and prioritize such re- described in subsection (a)(2), except that— subsections (c) and (d).
lief for families struggling to make either ‘‘(A) a reference in subsection (a)(2) to an
SSpencer on DSK126QN23PROD with SENATE
SEC. 2205. CHILD ABUSE PREVENTION AND
type of payment; and amount appropriated under subsection (a)(1) TREATMENT.
(ii) accept and process applications sub- shall be considered to be a reference to an In addition to amounts otherwise avail-
mitted under this subparagraph on a rolling amount appropriated under this paragraph; able, there is appropriated to the Secretary
basis, and provide subgrant funds in advance ‘‘(B) the matching requirement in section of Health and Human Services for fiscal year
of provider expenditures, except as provided 306(c)(4) and condition in section 308(d)(3) 2021, out of any money in the Treasury not
in subsection (e)(2). shall not apply; and otherwise appropriated, the following
(E) OBLIGATION.—The lead agency shall no- ‘‘(C) each reference in section 305(e) to ‘the amounts, to remain available through Sep-
tify the Secretary if it is unable to obligate end of the following fiscal year’ shall be con- tember 30, 2023:
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1061
(1) $250,000,000 for carrying out the program section 105(b) of the Domestic Volunteer (G) transportation of individuals to facili-
authorized under section 201 of the Child Service Act of 1973 (42 U.S.C. 4955(b)). tate vaccinations, including at community
Abuse Prevention and Treatment Act (42 (5) NATIONAL SENIOR SERVICE CORPS.— vaccination centers and mobile vaccination
U.S.C. 5116), which shall be allocated without $30,000,000 shall be used for the purposes de- units, particularly for underserved popu-
regard to section 204(4) of such Act (42 U.S.C. scribed in section 200 of the Domestic Volun- lations.
5116d(4)) and shall be allotted to States in ac- teer Service Act of 1973 (42 U.S.C. 5000). (c) SUPPLEMENTAL FUNDING FOR STATE
cordance with section 203 of such Act (42 (6) ADMINISTRATIVE COSTS.—$73,000,000 shall VACCINATION GRANTS.—
U.S.C. 5116b), except that— be used for the Corporation for National and (1) DEFINITIONS.—In this subsection:
(A) in subsection (b)(1)(A) of such section Community Service for administrative ex- (A) BASE FORMULA.—The term ‘‘base for-
203, ‘‘70 percent’’ shall be deemed to be ‘‘100 penses to carry out programs and activities mula’’ means the allocation formula that ap-
percent’’; and funded by subsection (a). plied to the Public Health Emergency Pre-
(B) subsections (b)(1)(B) and (c) of such sec- (7) OFFICE OF INSPECTOR GENERAL.— paredness cooperative agreement in fiscal
tion 203 shall not apply; and $9,000,000 shall be used for the Office of In- year 2020.
(2) $100,000,000 for carrying out the State spector General of the Corporation for Na- (B) ALTERNATIVE ALLOCATION.—The term
grant program authorized under section 106 tional and Community Service for salaries ‘‘alternative allocation’’ means an allocation
of the Child Abuse Prevention and Treat- and expenses necessary for oversight and to each State, territory, or locality cal-
ment Act (42 U.S.C. 5106a), which shall be al- audit of programs and activities funded by culated using the percentage derived from
located without regard to section 112(a)(2) of subsection (a). the allocation received by such State, terri-
such Act (42 U.S.C. 5106h(a)(2)). (c) NATIONAL SERVICE TRUST.—In addition tory, or locality of the aggregate amount of
SEC. 2206. CORPORATION FOR NATIONAL AND to amounts otherwise made available, there fiscal year 2020 Public Health Emergency
COMMUNITY SERVICE AND THE NA- is appropriated for fiscal year 2021, out of Preparedness cooperative agreement awards
TIONAL SERVICE TRUST. any money in the Treasury not otherwise ap- under section 319C–1 of the Public Health
(a) CORPORATION FOR NATIONAL AND COMMU- propriated, $148,000,000, to remain available Service Act (42 U.S.C. 247d–3a).
NITY SERVICE.—In addition to amounts other- until expended, for administration of the Na- (2) SUPPLEMENTAL FUNDING.—
wise made available, there is appropriated tional Service Trust, and for payment to the (A) IN GENERAL.—Not later than 21 days
for fiscal year 2021, out of any money in the Trust for the provision of educational awards after the date of enactment of this Act, the
Treasury not otherwise appropriated, to the pursuant to section 145(a)(1)(A) of the Na- Secretary shall use amounts described in
Corporation for National and Community tional and Community Service Act of 1990 (42 subsection (a) to provide supplemental fund-
Service, $852,000,000, to remain available U.S.C. 12601(a)(1)(A)). ing to any State, locality, or territory that
through September 30, 2024, to carry out sub- Subtitle D—Public Health received less of the amounts that were ap-
section (b), except that amounts to carry out SEC. 2301. FUNDING FOR COVID–19 VACCINE AC-
propriated under title III of division M of
subsection (b)(7) shall remain available until TIVITIES AT THE CENTERS FOR DIS- Public Law 116–260 for vaccination grants to
September 30, 2026. EASE CONTROL AND PREVENTION. be issued by the Centers for Disease Control
(b) ALLOCATION OF AMOUNTS.—Amounts (a) IN GENERAL.—In addition to amounts and Prevention than such State, locality, or
provided by subsection (a) shall be allocated otherwise available, there is appropriated to territory would have received had such
as follows: the Secretary of Health and Human Services amounts been allocated using the alternative
(1) AMERICORPS STATE AND NATIONAL.— (in this subtitle referred to as the ‘‘Sec- allocation.
$620,000,000 shall be used— retary’’) for fiscal year 2021, out of any (B) AMOUNT.—The amount of supplemental
(A) to increase the living allowances of money in the Treasury not otherwise appro- funding provided under this subsection shall
participants in national service programs; priated, $7,500,000,000, to remain available be equal to the difference between—
and until expended, to carry out activities to (i) the amount the State, locality, or terri-
(B) to make funding adjustments to exist- plan, prepare for, promote, distribute, ad- tory received, or would receive, under the
ing (as of the date of enactment of this Act) minister, monitor, and track COVID–19 vac- base formula; and
awards and award new and additional awards cines. (ii) the amount the State, locality, or ter-
to entities to support programs described in (b) USE OF FUNDS.—The Secretary, acting ritory would receive under the alternative
paragraphs (1)(B), (2)(B), (3)(B), (4)(B), and through the Director of the Centers for Dis- allocation.
(5)(B) of subsection (a), and subsection (b)(2), ease Control and Prevention, and in con- SEC. 2302. FUNDING FOR VACCINE CONFIDENCE
of section 122 of the National and Commu- sultation with other agencies, as applicable, ACTIVITIES.
nity Service Act of 1990 (42 U.S.C. 12572), shall, in conducting activities referred to in In addition to amounts otherwise avail-
whether or not the entities are already grant subsection (a)— able, there is appropriated to the Secretary
recipients under such provisions on the date (1) conduct activities to enhance, expand, for fiscal year 2021, out of any money in the
of enactment of this Act, and notwith- and improve nationwide COVID–19 vaccine Treasury not otherwise appropriated,
standing section 122(a)(1)(B)(vi) of the Na- distribution and administration, including $1,000,000,000, to remain available until ex-
tional and Community Service Act of 1990 (42 activities related to distribution of ancillary pended, to carry out activities, acting
U.S.C. 12572(a)(1)(B)(vi)), by— medical products and supplies related to vac- through the Director of the Centers for Dis-
(i) prioritizing entities serving commu- cines; and ease Control and Prevention—
nities disproportionately impacted by (2) provide technical assistance, guidance, (1) to strengthen vaccine confidence in the
COVID–19 and utilizing culturally competent and support to, and award grants or coopera- United States, including its territories and
and multilingual strategies in the provision tive agreements to, State, local, Tribal, and possessions;
of services; and territorial public health departments for en- (2) to provide further information and edu-
(ii) taking into account the diversity of hancement of COVID–19 vaccine distribution cation with respect to vaccines licensed
communities and participants served by such and administration capabilities, including— under section 351 of the Public Health Serv-
entities, including racial, ethnic, socio- (A) the distribution and administration of ice Act (42 U.S.C. 262) or authorized under
economic, linguistic, or geographic diver- vaccines licensed under section 351 of the section 564 of the Federal Food, Drug, and
sity. Public Health Service Act (42 U.S.C. 262) or Cosmetic Act (21 U.S.C. 360bbb–3); and
(2) STATE COMMISSIONS.—$20,000,000 shall be authorized under section 564 of the Federal (3) to improve rates of vaccination
used to make adjustments to existing (as of Food, Drug, and Cosmetic Act (21 U.S.C. throughout the United States, including its
the date of enactment of this Act) awards 360bbb–3) and ancillary medical products and territories and possessions, including
and new and additional awards, including supplies related to vaccines; through activities described in section 313 of
awards to State Commissions on National (B) the establishment and expansion, in- the Public Health Service Act, as amended
and Community Service, under section 126(a) cluding staffing support, of community vac- by section 311 of division BB of the Consoli-
of the National and Community Service Act cination centers, particularly in underserved dated Appropriations Act, 2021 (Public Law
of 1990 (42 U.S.C. 12576(a)). areas; 116–260).
(3) VOLUNTEER GENERATION FUND.— (C) the deployment of mobile vaccination SEC. 2303. FUNDING FOR SUPPLY CHAIN FOR
$20,000,000 shall be used for expenses author- units, particularly in underserved areas; COVID–19 VACCINES, THERA-
ized under section 501(a)(4)(F) of the National (D) information technology, standards- PEUTICS, AND MEDICAL SUPPLIES.
and Community Service Act of 1990 (42 U.S.C. based data, and reporting enhancements, in- In addition to amounts otherwise avail-
12681(a)(4)(F)), which, notwithstanding sec- cluding improvements necessary to support able, there is appropriated to the Secretary
tion 198P(d)(1)(B) of that Act (42 U.S.C. standards-based sharing of data related to for fiscal year 2021, out of any money in the
SSpencer on DSK126QN23PROD with SENATE
12653p(d)(1)(B)), shall be for grants awarded vaccine distribution and vaccinations and Treasury not otherwise appropriated,
by the Corporation for National and Commu- systems that enhance vaccine safety, effec- $6,050,000,000, to remain available until ex-
nity Service on a competitive basis. tiveness, and uptake, particularly among un- pended, for necessary expenses with respect
(4) AMERICORPS VISTA.—$80,000,000 shall be derserved populations; to research, development, manufacturing,
used for the purposes described in section 101 (E) facilities enhancements; production, and the purchase of vaccines,
of the Domestic Volunteer Service Act of (F) communication with the public regard- therapeutics, and ancillary medical products
1973 (42 U.S.C. 4951), including to increase the ing when, where, and how to receive COVID– and supplies to prevent, prepare, or respond
living allowances of volunteers, described in 19 vaccines; and to—
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
S1062 CONGRESSIONAL RECORD — SENATE March 4, 2021
(1) SARS–CoV–2 or any viral variant mu- agreements to State, local, and territorial prove genomic sequencing and surveillance
tating therefrom with pandemic potential; public health departments for activities to capabilities at the State and local level.
and detect, diagnose, trace, and monitor SARS– SEC. 2403. FUNDING FOR GLOBAL HEALTH.
(2) COVID–19 or any disease with potential CoV–2 and COVID–19 infections and related In addition to amounts otherwise avail-
for creating a pandemic. strategies and activities to mitigate the able, there is appropriated to the Secretary
SEC. 2304. FUNDING FOR COVID–19 VACCINE, spread of COVID–19; for fiscal year 2021, out of any amounts in
THERAPEUTIC, AND DEVICE ACTIVI- (3) support the development, manufac- the Treasury not otherwise appropriated,
TIES AT THE FOOD AND DRUG AD- turing, procurement, distribution, and ad- $750,000,000, to remain available until ex-
MINISTRATION. ministration of tests to detect or diagnose pended, for activities to be conducted acting
In addition to amounts otherwise avail- SARS–CoV–2 and COVID–19, including through the Director of the Centers for Dis-
able, there is appropriated to the Secretary through— ease Control and Prevention to combat
for fiscal year 2021, out of any money in the (A) support for the development, manufac- SARS–CoV–2, COVID–19, and other emerging
Treasury not otherwise appropriated, ture, procurement, and distribution of sup- infectious disease threats globally, including
$500,000,000, to remain available until ex- plies necessary for administering tests, such efforts related to global health security,
pended, to be used for the evaluation of the as personal protective equipment; and global disease detection and response, global
continued performance, safety, and effective- (B) support for the acquisition, construc- health protection, global immunization, and
ness, including with respect to emerging tion, alteration, or renovation of non-feder- global coordination on public health.
COVID–19 variants, of vaccines, therapeutics, ally owned facilities for the production of SEC. 2404. FUNDING FOR DATA MODERNIZATION
and diagnostics approved, cleared, licensed, diagnostics and ancillary medical products AND FORECASTING CENTER.
or authorized for use for the treatment, pre- and supplies where the Secretary determines In addition to amounts otherwise avail-
vention, or diagnosis of COVID–19; facilita- that such an investment is necessary to en- able, there is appropriated to the Secretary
tion of advanced continuous manufacturing sure the production of sufficient amounts of for fiscal year 2021, out of any money in the
activities related to production of vaccines such supplies; Treasury not otherwise appropriated,
and related materials; facilitation and con- (4) establish and expand Federal, State, $500,000,000, to remain available until ex-
duct of inspections related to the manufac- local, and territorial testing and contact pended, for activities to be conducted acting
turing of vaccines, therapeutics, and devices tracing capabilities, including— through the Director of the Centers for Dis-
delayed or cancelled for reasons related to (A) through investments in laboratory ca- ease Control and Prevention to support pub-
COVID–19; review of devices authorized for pacity, such as— lic health data surveillance and analytics in-
use for the treatment, prevention, or diag- (i) academic and research laboratories, or frastructure modernization initiatives at the
nosis of COVID–19; and oversight of the sup- other laboratories that could be used for Centers for Disease Control and Prevention,
ply chain and mitigation of shortages of vac- processing of COVID–19 testing; and establish, expand, and maintain efforts
cines, therapeutics, and devices approved, (ii) community-based testing sites and to modernize the United States disease warn-
cleared, licensed, or authorized for use for community-based organizations; or ing system to forecast and track hotspots for
the treatment, prevention, or diagnosis of (iii) mobile health units, particularly in COVID–19, its variants, and emerging bio-
COVID–19 by the Food and Drug Administra- medically underserved areas; and logical threats, including academic and
tion. (B) with respect to quarantine and isola- workforce support for analytics and
SEC. 2305. REDUCED COST-SHARING. tion of contacts; informatics infrastructure and data collec-
(a) IN GENERAL.—Section 1402 of the Pa- (5) enhance information technology, data tion systems.
tient Protection and Affordable Care Act is modernization, and reporting, including im- Subtitle F—Public Health Workforce
amended by redesignating subsection (f) as provements necessary to support sharing of SEC. 2501. FUNDING FOR PUBLIC HEALTH WORK-
subsection (g) and by inserting after sub- data related to public health capabilities; FORCE.
section (e) the following new subsection: (6) award grants to, or enter into coopera- (a) IN GENERAL.—In addition to amounts
‘‘(f) SPECIAL RULE FOR INDIVIDUALS WHO tive agreements or contracts with, State, otherwise available, there is appropriated to
RECEIVE UNEMPLOYMENT COMPENSATION DUR- local, and territorial public health depart- the Secretary of Health and Human Services
ING 2021.—For purposes of this section, in the ments to establish, expand, and sustain a (in this subtitle referred to as the ‘‘Sec-
case of an individual who has received, or public health workforce; and retary’’) for fiscal year 2021, out of any
has been approved to receive, unemployment (7) to cover administrative and program money in the Treasury not otherwise appro-
compensation for any week beginning during support costs necessary to conduct activities priated, $7,660,000,000, to remain available
2021, for the plan year in which such week be- related to subparagraph (a). until expended, to carry out activities re-
gins— SEC. 2402. FUNDING FOR SARS–COV–2 GENOMIC lated to establishing, expanding, and sus-
‘‘(1) such individual shall be treated as SEQUENCING AND SURVEILLANCE. taining a public health workforce, including
meeting the requirements of subsection (a) IN GENERAL.—In addition to amounts by making awards to State, local, and terri-
(b)(2), and otherwise available, there is appropriated to torial public health departments.
‘‘(2) for purposes of subsections (c) and (d), the Secretary for fiscal year 2021 out of any (b) USE OF FUNDS FOR PUBLIC HEALTH DE-
there shall not be taken into account any money in the Treasury not otherwise appro- PARTMENTS.—Amounts made available to an
household income of the individual in excess priated, $1,750,000,000, to remain available awardee pursuant to subsection (a) shall be
of 133 percent of the poverty line for a family until expended, to strengthen and expand ac- used for the following:
of the size involved.’’. tivities and workforce related to genomic se- (1) Costs, including wages and benefits, re-
(b) EFFECTIVE DATE.—The amendment quencing, analytics, and disease surveil- lated to the recruiting, hiring, and training
made by this section shall apply to plan lance. of individuals—
years beginning after December 31, 2020. (b) USE OF FUNDS.—From amounts appro- (A) to serve as case investigators, contact
Subtitle E—Testing priated by subsection (a), the Secretary, act- tracers, social support specialists, commu-
SEC. 2401. FUNDING FOR COVID–19 TESTING, ing through the Director of the Centers for nity health workers, public health nurses,
CONTACT TRACING, AND MITIGA- Disease Control and Prevention, shall— disease intervention specialists, epidemiolo-
TION ACTIVITIES. (1) conduct, expand, and improve activities gists, program managers, laboratory per-
(a) IN GENERAL.—In addition to amounts to sequence genomes, identify mutations, sonnel, informaticians, communication and
otherwise available, there is appropriated to and survey the circulation and transmission policy experts, and any other positions as
the Secretary of Health and Human Services of viruses and other organisms, including may be required to prevent, prepare for, and
(in this subtitle referred to as the ‘‘Sec- strains of SARS–CoV–2; respond to COVID–19; and
retary’’) for fiscal year 2021, out of any (2) award grants or cooperative agreements (B) who are employed by—
money in the Treasury not otherwise appro- to State, local, Tribal, or territorial public (i) the State, territorial, or local public
priated, $47,800,000,000, to remain available health departments or public health labora- health department involved; or
until expended, to carry out activities to de- tories— (ii) a nonprofit private or public organiza-
tect, diagnose, trace, and monitor SARS– (A) to increase their capacity to sequence tion with demonstrated expertise in imple-
CoV–2 and COVID–19 infections and related genomes of circulating strains of viruses and menting public health programs and estab-
strategies to mitigate the spread of COVID– other organisms, including SARS–CoV–2; lished relationships with such State, terri-
19. (B) to identify mutations in viruses and torial, or local public health departments,
(b) USE OF FUNDS.—From amounts appro- other organisms, including SARS–CoV–2; particularly in medically underserved areas.
priated by subsection (a), the Secretary (C) to use genomic sequencing to identify (2) Personal protective equipment, data
shall— outbreaks and clusters of diseases or infec- management and other technology, or other
SSpencer on DSK126QN23PROD with SENATE
(1) implement a national, evidence-based tions, including COVID–19; and necessary supplies.
strategy for testing, contact tracing, surveil- (D) to develop effective disease response (3) Administrative costs and activities nec-
lance, and mitigation with respect to SARS– strategies based on genomic sequencing and essary for awardees to implement activities
CoV–2 and COVID–19, including through ac- surveillance data; funded under this section.
tivities authorized under section 319(a) of the (3) enhance and expand the informatics ca- (4) Subawards from recipients of awards
Public Health Service Act; pabilities of the public health workforce; and under subsection (a) to local health depart-
(2) provide technical assistance, guidance, (4) award grants for the construction, al- ments for the purposes of the activities fund-
and support, and award grants or cooperative teration, or renovation of facilities to im- ed under this section.
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1063
SEC. 2502. FUNDING FOR MEDICAL RESERVE the Secretary for fiscal year 2021, out of any SEC. 2605. FUNDING FOR FAMILY PLANNING.
CORPS. money in the Treasury not otherwise appro- In addition to amounts otherwise avail-
In addition to amounts otherwise avail- priated, $800,000,000, to remain available able, there is appropriated to the Secretary
able, there is appropriated to the Secretary until expended, for carrying out sections for fiscal year 2021, out of any money in the
for fiscal year 2021, out of any money in the 338A, 338B, and 338I of the Public Health Treasury not otherwise appropriated,
Treasury not otherwise appropriated, Service Act (42 U.S.C. 254l, 254l–1, 254q–1) $50,000,000, to remain available until ex-
$100,000,000, to remain available until ex- with respect to the health workforce. pended, for necessary expenses for making
pended, for carrying out section 2813 of the (b) STATE LOAN REPAYMENT PROGRAMS.— grants and contracts under section 1001 of
Public Health Service Act (42 U.S.C. 300hh– (1) IN GENERAL.—Of the amount made the Public Health Service Act (42 U.S.C. 300).
15). available pursuant to subsection (a), Subtitle H—Mental Health and Substance
Subtitle G—Public Health Investments $100,000,000 shall be made available for pro- Use Disorder
SEC. 2601. FUNDING FOR COMMUNITY HEALTH viding primary health services through SEC. 2701. FUNDING FOR BLOCK GRANTS FOR
CENTERS AND COMMUNITY CARE. grants to States under section 338I(a) of the COMMUNITY MENTAL HEALTH SERV-
(a) IN GENERAL.—In addition to amounts Public Health Service Act (42 U.S.C. 254q– ICES.
otherwise available, there is appropriated to 1(a)). In addition to amounts otherwise avail-
the Secretary of Health and Human Services (2) CONDITIONS.—With respect to grants de- able, there is appropriated to the Secretary
(in this subtitle referred to as the ‘‘Sec- scribed in paragraph (1) using funds made of Health and Human Services (in this sub-
retary’’) for fiscal year 2021, out of any available under such paragraph: title referred to as the ‘‘Secretary’’) for fis-
money in the Treasury not otherwise appro- (A) Section 338I(b) of the Public Health cal year 2021, out of any money in the Treas-
priated, $7,600,000,000, to remain available Service Act (42 U.S.C. 254q–1(b)) shall not ury not otherwise appropriated, $1,500,000,000,
until expended, for necessary expenses for apply. to remain available until expended, for car-
awarding grants and cooperative agreements (B) Notwithstanding section 338I(d)(2) of rying out subpart I of part B of title XIX of
under section 330 of the Public Health Serv- the Public Health Service Act (42 U.S.C. the Public Health Service Act (42 U.S.C. 300x
ice Act (42 U.S.C. 254b) to be awarded with- 254q–1(d)(2)), not more than 10 percent of an et seq.), subpart III of part B of title XIX of
out regard to the time limitation in sub- award to a State from such amounts, may be such Act (42 U.S.C. 300x–51 et seq.), and sec-
section (e)(3) and subsections (e)(6)(A)(iii), used by the State for costs of administering tion 505(c) of such Act (42 U.S.C. 290aa–4(c))
(e)(6)(B)(iii), and (r)(2)(B) of such section 330, the State loan repayment program. with respect to mental health. Notwith-
and for necessary expenses for awarding SEC. 2603. FUNDING FOR NURSE CORPS. standing section 1952 of the Public Health
grants to Federally qualified health centers, In addition to amounts otherwise avail- Service Act (42 U.S.C. 300x–62), any amount
as described in section 1861(aa)(4)(B) of the able, there is appropriated to the Secretary awarded to a State out of amounts appro-
Social Security Act (42 for fiscal year 2021, out of any money in the priated by this section shall be expended by
U.S.C.1395x(aa)(4)(B)), and for awarding Treasury not otherwise appropriated, the State by September 30, 2025.
grants or contracts to Papa Ola Lokahi and $200,000,000, to remain available until ex- SEC. 2702. FUNDING FOR BLOCK GRANTS FOR
to qualified entities under sections 4 and 6 of pended, for carrying out section 846 of the PREVENTION AND TREATMENT OF
the Native Hawaiian Health Care Improve- Public Health Service Act (42 U.S.C. 297n). SUBSTANCE ABUSE.
ment Act (42 U.S.C. 11703, 11705). Of the total SEC. 2604. FUNDING FOR TEACHING HEALTH In addition to amounts otherwise avail-
amount appropriated by the preceding sen- CENTERS THAT OPERATE GRAD- able, there is appropriated to the Secretary
tence, not less than $20,000,000 shall be for UATE MEDICAL EDUCATION. for fiscal year 2021, out of any money in the
grants or contracts to Papa Ola Lokahi and (a) IN GENERAL.—In addition to amounts Treasury not otherwise appropriated,
to qualified entities under sections 4 and 6 of otherwise available, and notwithstanding the $1,500,000,000, to remain available until ex-
the Native Hawaiian Health Care Improve- capped amount referenced in sections pended, for carrying out subpart II of part B
ment Act (42 U.S.C. 11703, 11705). 340H(b)(2) and 340H(d)(2) of the Public Health of title XIX of the Public Health Service Act
(b) USE OF FUNDS.—Amounts made avail- Service Act (42 U.S.C. 256h(b)(2) and (d)(2)), (42 U.S.C. 300x–21 et seq.), subpart III of part
able to an awardee pursuant to subsection there is appropriated to the Secretary for fis- B of title XIX of such Act (42 U.S.C. 300x–51
(a) shall be used— cal year 2021, out of any money in the Treas- et seq.), section 505(d) of such Act (42 U.S.C.
(1) to plan, prepare for, promote, dis- ury not otherwise appropriated, $330,000,000, 290aa–4(d)) with respect to substance abuse,
tribute, administer, and track COVID–19 vac- to remain available until September 30, 2023, and section 515(d) of such Act (42 U.S.C.
cines, and to carry out other vaccine-related for the program of payments to teaching 290bb–21(d)). Notwithstanding section 1952 of
activities; health centers that operate graduate medical the Public Health Service Act (42 U.S.C.
(2) to detect, diagnose, trace, and monitor education under section 340H of the Public 300x–62), any amount awarded to a State out
COVID–19 infections and related activities Health Service Act (42 U.S.C. 256h) and for of amounts appropriated by this section
necessary to mitigate the spread of COVID– teaching health center development grants shall be expended by the State by September
19, including activities related to, and equip- authorized under section 749A of the Public 30, 2025.
ment or supplies purchased for, testing, con- Health Service Act (42 U.S.C. 293l–1). SEC. 2703. FUNDING FOR MENTAL HEALTH AND
tact tracing, surveillance, mitigation, and (b) USE OF FUNDS.—Amounts made avail- SUBSTANCE USE DISORDER TRAIN-
treatment of COVID–19; able pursuant to subsection (a) shall be used ING FOR HEALTH CARE PROFES-
(3) to purchase equipment and supplies to for the following activities: SIONALS, PARAPROFESSIONALS,
conduct mobile testing or vaccinations for (1) For making payments to establish new AND PUBLIC SAFETY OFFICERS.
COVID–19, to purchase and maintain mobile approved graduate medical residency train- (a) IN GENERAL.—In addition to amounts
vehicles and equipment to conduct such test- ing programs pursuant to section otherwise available, there is appropriated to
ing or vaccinations, and to hire and train 340H(a)(1)(C) of the Public Health Service the Secretary for fiscal year 2021, out of any
laboratory personnel and other staff to con- Act (42 U.S.C. 256h(a)(1)(C)). money in the Treasury not otherwise appro-
duct such mobile testing or vaccinations, (2) To provide an increase to the per resi- priated, $80,000,000, to remain available until
particularly in medically underserved areas; dent amount described in section 340H(a)(2) expended, for the purpose described in sub-
(4) to establish, expand, and sustain the of the Public Health Service Act (42 U.S.C. section (b).
health care workforce to prevent, prepare 256h(a)(2)) of $10,000. (b) USE OF FUNDING.—The Secretary, act-
for, and respond to COVID–19, and to carry (3) For making payments under section ing through the Administrator of the Health
out other health workforce-related activi- 340H(a)(1)(A) of the Public Health Service Resources and Services Administration,
ties; Act (42 U.S.C. 256h(a)(1)(A))) to qualified shall, taking into consideration the needs of
(5) to modify, enhance, and expand health teaching health centers for maintenance of rural and medically underserved commu-
care services and infrastructure; and filled positions at existing approved grad- nities, use amounts appropriated by sub-
(6) to conduct community outreach and uate medical residency training programs. section (a) to award grants or contracts to
education activities related to COVID–19. (4) For making payments under section health professions schools, academic health
(c) PAST EXPENDITURES.—An awardee may 340H(a)(1)(B) of the Public Health Service centers, State or local governments, Indian
use amounts awarded pursuant to subsection Act (42 U.S.C. 256h(a)(1)(B)) for the expansion Tribes and Tribal organizations, or other ap-
(a) to cover the costs of the awardee carrying of existing approved graduate medical resi- propriate public or private nonprofit entities
out any of the activities described in sub- dency training programs. (or consortia of entities, including entities
section (b) during the period beginning on (5) For making awards under section 749A promoting multidisciplinary approaches), to
the date of the declaration of a public health of the Public Health Service Act (42 U.S.C. plan, develop, operate, or participate in
emergency by the Secretary under section 293l–1) to teaching health centers for the pur- health professions and nursing training ac-
SSpencer on DSK126QN23PROD with SENATE
319 of the Public Health Service Act (42 pose of establishing new accredited or ex- tivities for health care students, residents,
U.S.C. 247d) on January 31, 2020, with respect panded primary care residency programs. professionals, paraprofessionals, trainees,
to COVID–19 and ending on the date of such (6) To cover administrative costs and ac- and public safety officers, and employers of
award. tivities necessary for qualified teaching such individuals, in evidence-informed strat-
SEC. 2602. FUNDING FOR NATIONAL HEALTH health centers receiving payments under sec- egies for reducing and addressing suicide,
SERVICE CORPS. tion 340H of the Public Health Service Act burnout, mental health conditions, and sub-
(a) IN GENERAL.—In addition to amounts (42 U.S.C. 256h) to carry out activities under stance use disorders among health care pro-
otherwise available, there is appropriated to such section. fessionals.
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
S1064 CONGRESSIONAL RECORD — SENATE March 4, 2021
SEC. 2704.FUNDING FOR EDUCATION AND consequences of such diseases for individuals $100,000,000, to remain available until ex-
AWARENESS CAMPAIGN ENCOUR- with substance use disorder, distributing pended, for carrying out section 756 of the
AGING HEALTHY WORK CONDITIONS Public Health Service Act (42 U.S.C. 294e–1).
opioid overdose reversal medication to indi-
AND USE OF MENTAL HEALTH AND
SUBSTANCE USE DISORDER SERV- viduals at risk of overdose, connecting indi- SEC. 2712. FUNDING FOR PEDIATRIC MENTAL
viduals at risk for, or with, a substance use HEALTH CARE ACCESS.
ICES BY HEALTH CARE PROFES-
SIONALS. disorder to overdose education, counseling, In addition to amounts otherwise avail-
(a) IN GENERAL.—In addition to amounts and health education, and encouraging such able, there is appropriated to the Secretary
otherwise available, there is appropriated to individuals to take steps to reduce the nega- for fiscal year 2021, out of any money in the
the Secretary for fiscal year 2021, out of any tive personal and public health impacts of Treasury not otherwise appropriated,
money in the Treasury not otherwise appro- substance use or misuse. $80,000,000, to remain available until ex-
priated, $20,000,000, to remain available until SEC. 2707. FUNDING FOR COMMUNITY-BASED pended, for carrying out section 330M of the
expended, for the purpose described in sub- FUNDING FOR LOCAL BEHAVIORAL Public Health Service Act (42 U.S.C. 254c–19).
HEALTH NEEDS. SEC. 2713. FUNDING FOR EXPANSION GRANTS
section (b).
(a) IN GENERAL.—In addition to amounts FOR CERTIFIED COMMUNITY BE-
(b) USE OF FUNDS.—The Secretary, acting
HAVIORAL HEALTH CLINICS.
through the Director of the Centers for Dis- otherwise available, there is appropriated to
the Secretary for fiscal year 2021, out of any In addition to amounts otherwise avail-
ease Control and Prevention and in consulta-
able, there is appropriated to the Secretary,
tion with the medical professional commu- money in the Treasury not otherwise appro-
acting through the Assistant Secretary for
nity, shall use amounts appropriated by sub- priated, $50,000,000, to remain available until
Mental Health and Substance Use, for fiscal
section (a) to carry out a national evidence- expended, to carry out the purpose described
year 2021, out of any money in the Treasury
based education and awareness campaign di- in subsection (b).
not otherwise appropriated, $420,000,000, to
rected at health care professionals and first (b) USE OF FUNDS.—
remain available until expended, for grants
responders (such as emergency medical serv- (1) IN GENERAL.—The Secretary, acting to communities and community organiza-
ice providers), and employers of such profes- through the Assistant Secretary for Mental tions that meet the criteria for Certified
sionals and first responders. Such awareness Health and Substance Use, shall award Community Behavioral Health Clinics pursu-
campaign shall— grants to State, local, Tribal, and territorial ant to section 223(a) of the Protecting Access
(1) encourage primary prevention of men- governments, Tribal organizations, nonprofit to Medicare Act of 2014 (42 U.S.C. 1396a note).
tal health conditions and substance use dis- community-based entities, and primary care
Subtitle I—Exchange Grant Program
orders and secondary and tertiary prevention and behavioral health organizations to ad-
SEC. 2801. ESTABLISHING A GRANT PROGRAM
by encouraging health care professionals to dress increased community behavioral
FOR EXCHANGE MODERNIZATION.
seek support and treatment for their own health needs worsened by the COVID–19 pub-
(a) IN GENERAL.—Out of funds appropriated
mental health and substance use concerns; lic health emergency.
under subsection (b), the Secretary of Health
and (2) USE OF GRANT FUNDS.—Grant funds
and Human Services (in this subtitle referred
(2) help such professionals to identify risk awarded under this section to eligible enti-
to as the ‘‘Secretary’’) shall award grants to
factors in themselves and others and respond ties shall be used for promoting care coordi- each American Health Benefits Exchange es-
to such risks. nation among local entities; training the tablished under section 1311(b) of the Patient
SEC. 2705. FUNDING FOR GRANTS FOR HEALTH mental and behavioral health workforce, rel- Protection and Affordable Care Act (42
CARE PROVIDERS TO PROMOTE evant stakeholders, and community mem- U.S.C. 18031(b)) (other than an Exchange es-
MENTAL HEALTH AMONG THEIR bers; expanding evidence-based integrated tablished by the Secretary under section
HEALTH PROFESSIONAL WORK- models of care; addressing surge capacity for
FORCE. 1321(c) of such Act (42 U.S.C. 18041(c))) that
mental and behavioral health needs; pro- submits to the Secretary an application at
(a) IN GENERAL.—In addition to amounts viding mental and behavioral health services
otherwise available, there is appropriated to such time and in such manner, and con-
to individuals with mental health needs (in- taining such information, as specified by the
the Secretary for fiscal year 2021, out of any cluding co-occurring substance use dis- Secretary, for purposes of enabling such Ex-
money in the Treasury not otherwise appro- orders) as delivered by behavioral and men- change to modernize or update any system,
priated, $40,000,000, to remain available until tal health professionals utilizing telehealth program, or technology utilized by such Ex-
expended, for the purpose described in sub- services; and supporting, enhancing, or ex- change to ensure such Exchange is compliant
section (b). panding mental and behavioral health pre- with all applicable requirements.
(b) USE OF FUNDS.—The Secretary, acting ventive and crisis intervention services. (b) FUNDING.—In addition to amounts oth-
through the Administrator of the Health Re- erwise available, there is appropriated, for
SEC. 2708. FUNDING FOR THE NATIONAL CHILD
sources and Services Administration, shall, TRAUMATIC STRESS NETWORK. fiscal year 2021, out of any money in the
taking into consideration the needs of rural Treasury not otherwise appropriated,
In addition to amounts otherwise avail-
and medically underserved communities, use $20,000,000, to remain available until Sep-
able, there is appropriated to the Secretary
amounts appropriated by subsection (a) to tember 30, 2022, for carrying out this section.
for fiscal year 2021, out of any money in the
award grants or contracts to entities pro- Subtitle J—Continued Assistance to Rail
Treasury not otherwise appropriated,
viding health care, including health care pro- Workers
$10,000,000, to remain available until ex-
viders associations and Federally qualified
pended, for carrying out section 582 of the SEC. 2901. ADDITIONAL ENHANCED BENEFITS
health centers, to establish, enhance, or ex-
Public Health Service Act (42 U.S.C. 290hh–1) UNDER THE RAILROAD UNEMPLOY-
pand evidence-informed programs or proto- MENT INSURANCE ACT.
with respect to addressing the problem of
cols to promote mental health among their (a) IN GENERAL.—Section 2(a)(5)(A) of the
high-risk or medically underserved persons
providers, other personnel, and members. Railroad Unemployment Insurance Act (45
who experience violence-related stress.
SEC. 2706. FUNDING FOR COMMUNITY-BASED U.S.C. 352(a)(5)(A)) is amended—
FUNDING FOR LOCAL SUBSTANCE SEC. 2709. FUNDING FOR PROJECT AWARE.
In addition to amounts otherwise avail- (1) in the first sentence—
USE DISORDER SERVICES.
able, there is appropriated to the Secretary (A) by striking ‘‘March 14, 2021’’ and insert-
(a) IN GENERAL.—In addition to amounts
for fiscal year 2021, out of any money in the ing ‘‘August 29, 2021’’;
otherwise available, there is appropriated to
Treasury not otherwise appropriated, (B) by striking ‘‘or July 1, 2020’’ and insert-
the Secretary for fiscal year 2021, out of any
$30,000,000, to remain available until ex- ing ‘‘July 1, 2020, or July 1, 2021’’; and
money in the Treasury not otherwise appro-
pended, for carrying out section 520A of the (2) by adding at the end the following: ‘‘For
priated, $30,000,000, to remain available until
Public Health Service Act (42 U.S.C. 290bb– registration periods beginning after March
expended, to carry out the purpose described
32) with respect to advancing wellness and 14, 2021, but on or before August 29, 2021, the
in subsection (b).
(b) USE OF FUNDS.— resiliency in education. recovery benefit payable under this subpara-
(1) IN GENERAL.—The Secretary, acting graph shall be in the amount of $800.’’.
SEC. 2710. FUNDING FOR YOUTH SUICIDE PRE-
(b) CLARIFICATION ON AUTHORITY TO USE
through the Assistant Secretary for Mental VENTION.
FUNDS.—Funds appropriated under subpara-
Health and Substance Use and in consulta- In addition to amounts otherwise avail- graph (B) of section 2(a)(5) of the Railroad
tion with the Director of the Centers for Dis- able, there is appropriated to the Secretary Unemployment Insurance Act (45 U.S.C.
ease Control and Prevention, shall award for fiscal year 2021, out of any money in the 352(a)(5)) shall be available to cover the cost
grants to support States; local, Tribal, and Treasury not otherwise appropriated, of recovery benefits provided under such sec-
territorial governments; Tribal organiza- $20,000,000, to remain available until ex- tion 2(a)(5) by reason of the amendments
tions; nonprofit community-based organiza- pended, for carrying out sections 520E and made by subsection (a) as well as to cover
tions; and primary and behavioral health or- 520E–2 of the Public Health Service Act (42
SSpencer on DSK126QN23PROD with SENATE
the cost of such benefits provided under such
ganizations to support community-based U.S.C. 290bb–36, 290bb–36b). section 2(a)(5) as in effect on the day before
overdose prevention programs, syringe serv- SEC. 2711. FUNDING FOR BEHAVIORAL HEALTH the date of enactment of this Act.
ices programs, and other harm reduction WORKFORCE EDUCATION AND SEC. 2902. EXTENDED UNEMPLOYMENT BENE-
services. TRAINING. FITS UNDER THE RAILROAD UNEM-
(2) USE OF GRANT FUNDS.—Grant funds In addition to amounts otherwise avail- PLOYMENT INSURANCE ACT.
awarded under this section to eligible enti- able, there is appropriated to the Secretary (a) IN GENERAL.—Section 2(c)(2)(D) of the
ties shall be used for preventing and control- for fiscal year 2021, out of any money in the Railroad Unemployment Insurance Act (45
ling the spread of infectious diseases and the Treasury not otherwise appropriated, U.S.C. 352(c)(2)(D)) is amended—
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1065
(1) in clause (i)— Subtitle K—Ratepayer Protection long-term stay-at-home recommendations
(A) in subclause (I), by striking ‘‘185 days’’ SEC. 2911. FUNDING FOR LIHEAP. for older individuals for the duration of the
and inserting ‘‘305 days’’; In addition to amounts otherwise avail- COVID–19 public health emergency.
(B) in subclause (II), able, there is appropriated for fiscal year (4) $44,000,000 shall be available to carry
(i) by striking ‘‘19 consecutive 14-day peri- 2021, out of any amounts in the Treasury not out part D of title III of such Act.
ods’’ and inserting ‘‘31 consecutive 14-day pe- otherwise appropriated, $4,500,000,000, to re- (5) $145,000,000 shall be available to carry
riods’’; and main available through September 30, 2022, out part E of title III of such Act.
(ii) by striking ‘‘6 consecutive 14-day peri- for additional funding to provide payments (6) $10,000,000 shall be available to carry
ods’’ and inserting ‘‘18 consecutive 14-day pe- under section 2602(b) of the Low-Income out the long-term care ombudsman program
riods’’; Home Energy Assistance Act of 1981 (42 under title VII of such Act.
(2) in clause (ii)— U.S.C. 8621(b)), except that— SEC. 2922. NATIONAL TECHNICAL ASSISTANCE
(A) by striking ‘‘120 days of unemploy- (1) $2,250,000,000 of such amounts shall be CENTER ON GRANDFAMILIES AND
ment’’ and inserting ‘‘240 days of unemploy- allocated as though the total appropriation KINSHIP FAMILIES.
ment’’; for such payments for fiscal year 2021 was
(B) by striking ‘‘12 consecutive 14-day peri- less than $1,975,000,000; and (a) IN GENERAL.—In addition to amounts
ods’’ and inserting ‘‘24 consecutive 14-day pe- (2) section 2607(b)(2)(B) of such Act (42 otherwise available, there is appropriated to
riods’’; and U.S.C. 8626(b)(2)(B)) shall not apply to funds the Secretary of Health and Human Services
(C) by striking ‘‘6 consecutive 14-day peri- appropriated under this section for fiscal for fiscal year 2021, out of any money in the
ods’’ and inserting ‘‘18 consecutive 14-day pe- year 2021. Treasury not otherwise appropriated,
riods’’; and SEC. 2912. FUNDING FOR WATER ASSISTANCE $10,000,000, to remain available through Sep-
(3) in clause (iii)— PROGRAM. tember 30, 2025, for the Secretary, acting
(A) by striking ‘‘June 30, 2021’’ and insert- (a) IN GENERAL.—In addition to amounts through the Administrator of the Adminis-
ing ‘‘June 30, 2022’’; and otherwise available, there is appropriated to tration for Community Living, to establish,
(B) by striking ‘‘the provisions of clauses the Secretary of Health and Human Services directly or through grants or contracts, a
(i) and (ii) shall not apply to any employee (in this section referred to as the ‘‘Sec-
whose extended benefit period under sub- National Technical Assistance Center on
retary’’) for fiscal year 2021, out of any
paragraph (B) begins after March 14, 2021, Grandfamilies and Kinship Families (in this
amounts in the Treasury not otherwise ap-
and shall not apply to any employee with re- propriated, $500,000,000, to remain available section referred to as the ‘‘Center’’) to pro-
spect to any registration period beginning until expended, for grants to States and In- vide training, technical assistance, and re-
after April 5, 2021.’’ and inserting ‘‘the provi- dian Tribes to assist low-income households, sources for government programs, nonprofit
sions of clauses (i) and (ii) shall not apply to particularly those with the lowest incomes, and other community-based organizations,
any employee with respect to any registra- that pay a high proportion of household in- and Indian Tribes, Tribal organizations, and
tion period beginning after August 29, 2021.’’ come for drinking water and wastewater urban Indian organizations, that serve
(b) CLARIFICATION ON AUTHORITY TO USE services, by providing funds to owners or op- grandfamilies and kinship families to sup-
FUNDS.—Funds appropriated under either the erators of public water systems or treatment port the health and well-being of members of
first or second sentence of clause (v) of sec- works to reduce arrearages of and rates grandfamilies and kinship families, includ-
tion 2(c)(2)(D) of the Railroad Unemploy- charged to such households for such services. ing caregivers, children, and their parents.
ment Insurance Act shall be available to (b) ALLOTMENT.—The Secretary shall— The Center shall focus primarily on serving
cover the cost of additional extended unem- (1) allot amounts appropriated in this sec-
grandfamilies and kinship families in which
ployment benefits provided under such sec- tion to a State or Indian Tribe based on—
tion 2(c)(2)(D) by reason of the amendments (A) the percentage of households in the the primary caregiver is an adult age 55 or
made by subsection (a) as well as to cover State, or under the jurisdiction of the Indian older, or the child has one or more disabil-
the cost of such benefits provided under such Tribe, with income equal or less than 150 per- ities.
section 2(c)(2)(D) as in effect on the day be- cent of the Federal poverty line; and (b) ACTIVITIES OF THE CENTER.—The Center
fore the date of enactment of this Act. (B) the percentage of households in the shall—
SEC. 2903. EXTENSION OF WAIVER OF THE 7-DAY State, or under the jurisdiction of the Indian (1) engage experts to stimulate the devel-
WAITING PERIOD FOR BENEFITS Tribe, that spend more than 30 percent of opment of new and identify existing evi-
UNDER THE RAILROAD UNEMPLOY- monthly income on housing; and dence-based, evidence-informed, and exem-
MENT INSURANCE ACT. (2) reserve up to 3 percent of the amount plary practices or programs related to health
(a) IN GENERAL.—Section 2112(a) of the appropriated in this section for Indian Tribes promotion (including mental health and sub-
CARES Act (15 U.S.C. 9030(a)) is amended by and tribal organizations. stance use disorder treatment), education,
striking ‘‘March 14, 2021’’ and inserting ‘‘Au- Subtitle L—Assistance for Older Americans, nutrition, housing, financial needs, legal
gust 29, 2021’’. Grandfamilies, and Kinship Families issues, disability self-determination, care-
(b) CLARIFICATION ON AUTHORITY TO USE SEC. 2921. SUPPORTING OLDER AMERICANS AND giver support, and other issues to help serve
FUNDS.—Funds appropriated under section THEIR FAMILIES. caregivers, children, and their parents in
2112(c) of the CARES Act (15 U.S.C. 9030(c)) (a) APPROPRIATION.—In addition to grandfamilies and kinship families;
shall be available to cover the cost of addi- amounts otherwise available, there is appro- (2) encourage and support the implementa-
tional benefits payable due to section 2112(a) priated for fiscal year 2021, out of any money tion of the evidence-based, evidence-in-
of such Act by reason of the amendments in the Treasury not otherwise appropriated, formed, and exemplary practices or pro-
made by subsection (a) as well as to cover $1,434,000,000, to remain available until ex- grams identified under paragraph (1) to sup-
the cost of such benefits payable due to such pended, to carry out the Older Americans port grandfamilies and kinship families and
section 2112(a) as in effect on the day before Act of 1965. to promote coordination of services for
the date of enactment of this Act. (b) ALLOCATION OF AMOUNTS.—Amounts grandfamilies and kinship families across
SEC. 2904. RAILROAD RETIREMENT BOARD AND made available by subsection (a) shall be systems that support them;
OFFICE OF THE INSPECTOR GEN- available as follows: (3) facilitate learning across States, terri-
ERAL FUNDING. (1) $750,000,000 shall be available to carry tories, Indian Tribes, Tribal organizations,
In addition to amounts otherwise made out part C of title III of such Act. and urban Indian organizations for providing
available, there are appropriated for fiscal (2) $25,000,000 shall be available to carry technical assistance, resources, and training
year 2021, out of any money in the Treasury out title VI of such Act, including part C of related to issues described in paragraph (1)
not otherwise appropriated— such title. to individuals and entities across systems
(1) $27,975,000, to remain available until ex- (3) $460,000,000 shall be available to carry that directly work with grandfamilies and
pended, for the Railroad Retirement Board, out part B of title III of such Act, including kinship families;
to prevent, prepare for, and respond to for— (4) help government programs, nonprofit
coronavirus, of which— (A) supportive services of the types made and other community-based organizations,
(A) $6,800,000 shall be for additional hiring available for fiscal year 2020; and Indian Tribes, Tribal organizations, and
and overtime bonuses as needed to admin- (B) efforts related to COVID–19 vaccination urban Indian organizations, serving
ister the Railroad Unemployment Insurance outreach, including education, communica- grandfamilies and kinship families, to plan
Act; and tion, transportation, and other activities to and coordinate responses to assist
(B) $21,175,000 shall be to supplement, not facilitate vaccination of older individuals; grandfamilies and kinship families during
SSpencer on DSK126QN23PROD with SENATE
supplant, existing resources devoted to oper- and national, State, Tribal, territorial, and local
ations and improvements for the Informa- (C) prevention and mitigation activities re- emergencies and disasters; and
tion Technology Investment Initiatives of lated to COVID–19 focused on addressing ex- (5) assist government programs, and non-
the Railroad Retirement Board; and tended social isolation among older individ- profit and other community-based organiza-
(2) $500,000, to remain available until ex- uals, including activities for investments in tions, in promoting equity and implementing
pended, for the Railroad Retirement Board technological equipment and solutions or culturally and linguistically appropriate ap-
Office of Inspector General for audit, inves- other strategies aimed at alleviating nega- proaches as the programs and organizations
tigatory and review activities. tive health effects of social isolation due to serve grandfamilies and kinship families.
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
S1066 CONGRESSIONAL RECORD — SENATE March 4, 2021
TITLE III—COMMITTEE ON BANKING, sistance programs and technical assistance subsection (a)(1) of section 3201 of the Amer-
HOUSING, AND URBAN AFFAIRS to recipients of any grants made by the Sec- ican Rescue Plan Act of 2021’’.
Subtitle A—Defense Production Act of 1950 retary to provide financial and other assist- (3) HIGH-NEED GRANTEES.—The Secretary
SEC. 3101. COVID–19 EMERGENCY MEDICAL SUP- ance to renters; shall allocate funds reserved under sub-
PLIES ENHANCEMENT. (C) $3,000,000 for administrative expenses of section (a)(2)(D) to eligible grantees with a
(a) SUPPORTING ENHANCED USE OF THE DE- the Inspector General relating to oversight high need for assistance under this section,
FENSE PRODUCTION ACT OF 1950.—In addition of funds provided in this section; and with the number of very low-income renter
to funds otherwise available, there is appro- (D) $2,500,000,000 for payments to high-need households paying more than 50 percent of
priated, for fiscal year 2021, out of any grantees as provided in this section. income on rent or living in substandard or
money in the Treasury not otherwise appro- (b) ALLOCATION OF FUNDS TO ELIGIBLE overcrowded conditions, rental market costs,
priated, $10,000,000,000, notwithstanding sec- GRANTEES.— and change in employment since February
tion 304(e) of the Defense Production Act of (1) ALLOCATION FOR STATES AND UNITS OF 2020 used as the factors for allocating funds.
1950 (50 U.S.C. 4534(e)), to remain available LOCAL GOVERNMENT.—
(A) IN GENERAL.—The amount appropriated (c) PAYMENT SCHEDULE.—
until September 30, 2025, to carry out titles I,
under paragraph (1) of subsection (a) that re- (1) IN GENERAL.—The Secretary shall pay
III, and VII of such Act in accordance with
mains after the application of paragraph (2) all eligible grantees not less than 40 percent
subsection (b).
(b) MEDICAL SUPPLIES AND EQUIPMENT.— of such subsection shall be allocated to eligi- of each such eligible grantee’s total alloca-
(1) TESTING, PPE, VACCINES, AND OTHER MA- ble grantees described in subparagraphs (A) tion provided under subsection (b) within 60
TERIALS.—Except as provided in paragraph and (B) of subsection (f)(1) in the same man- days of enactment of this Act.
(2), amounts appropriated in subsection (a) ner as the amount appropriated under sec- (2) SUBSEQUENT PAYMENTS.—The Secretary
shall be used for the purchase, production tion 501 of subtitle A of title V of division N shall pay to eligible grantees additional
(including the construction, repair, and ret- of the Consolidated Appropriations Act, 2021 amounts in tranches up to the full amount of
rofitting of government-owned or private fa- (Public Law 116–260) is allocated to States each such eligible grantee’s total allocation
cilities as necessary), or distribution of med- and units of local government under sub- in accordance with a procedure established
ical supplies and equipment (including dura- section (b)(1) of such section, except that by the Secretary, provided that any such
ble medical equipment) related to combating section 501(b) of such subtitle A shall be ap- procedure established by the Secretary shall
the COVID–19 pandemic, including— plied— require that an eligible grantee must have
(A) in vitro diagnostic products for the de- (i) without regard to clause (i) of para- obligated not less than 75 percent of the
tection of SARS-CoV-2 or the diagnosis of graph (1)(A); funds already disbursed by the Secretary
the virus that causes COVID–19, and the re- (ii) by deeming the amount appropriated pursuant to this section prior to disburse-
agents and other materials necessary for under paragraph (1) of subsection (a) of this ment of additional amounts.
producing, conducting, or administering Act that remains after the application of
paragraph (2) of such subsection to be the (d) USE OF FUNDS.—
such products, and the machinery, equip- (1) IN GENERAL.—An eligible grantee shall
ment, laboratory capacity, or other tech- amount deemed to apply for purposes of ap-
plying clause (ii) of section 501(b)(1)(A) of only use the funds provided from payments
nology necessary to produce such products; made under this section as follows:
such subtitle A;
(B) face masks and personal protective (A) FINANCIAL ASSISTANCE.—
(iii) by substituting ‘‘$152,000,000’’ for
equipment, including face shields, nitrile (i) IN GENERAL.—Subject to clause (ii) of
‘‘$200,000,000’’ each place such term appears;
gloves, N–95 filtering facepiece respirators, this subparagraph, funds received by an eli-
(iv) in subclause (I) of such section
and any other masks or equipment (includ- gible grantee from payments made under
501(b)(1)(A)(v), by substituting ‘‘under sec-
ing durable medical equipment) needed to re- this section shall be used to provide financial
tion 3201 of the American Rescue Plan Act of
spond to the COVID–19 pandemic, and the assistance to eligible households, not to ex-
2021’’ for ‘‘under section 501 of subtitle A of
materials, machinery, additional manufac- ceed 18 months, including the payment of—
title V of division N of the Consolidated Ap-
turing lines or facilities, or other technology propriations Act, 2021’’; and (I) rent;
necessary to produce such equipment; and (v) in subclause (II) of such section (II) rental arrears;
(C) drugs, devices, and biological products 501(b)(1)(A)(v), by substituting ‘‘local govern- (III) utilities and home energy costs;
that are approved, cleared, licensed, or au- ment elects to receive funds from the Sec- (IV) utilities and home energy costs ar-
thorized for use in treating or preventing retary under section 3201 of the American rears; and
COVID–19 and symptoms related to COVID– Rescue Plan Act of 2021 and will use the (V) other expenses related to housing, as
19, and any materials, manufacturing ma- funds in a manner consistent with such sec- defined by the Secretary.
chinery, additional manufacturing or fill-fin- tion’’ for ‘‘local government elects to receive (ii) LIMITATION.—The aggregate amount of
ish lines or facilities, technology, or equip- funds from the Secretary under section 501 of financial assistance an eligible household
ment (including durable medical equipment) subtitle A of title V of division N of the Con- may receive under this section, when com-
necessary to produce or use such drugs, bio- solidated Appropriations Act, 2021 and will bined with financial assistance provided
logical products, or devices (including sy- use the funds in a manner consistent with under section 501 of subtitle A of title V of
ringes, vials, or other supplies or equipment such section’’. division N of the Consolidated Appropria-
related to delivery, distribution, or adminis- (B) PRO RATA ADJUSTMENT.—The Secretary tions Act, 2021 (Public Law 116–260), shall not
tration). shall make pro rata adjustments in the exceed 18 months.
(2) RESPONDING TO PUBLIC HEALTH EMER- amounts of the allocations determined under (B) HOUSING STABILITY SERVICES.—Not
GENCIES.—After September 30, 2022, amounts subparagraph (A) of this paragraph for enti- more than 10 percent of funds received by an
appropriated in subsection (a) may be used ties described in such subparagraph as nec- eligible grantee from payments made under
for any activity authorized by paragraph (1), essary to ensure that the total amount of al- this section may be used to provide case
or any other activity necessary to meet crit- locations made pursuant to such subpara- management and other services intended to
ical public health needs of the United States, graph does not exceed the remainder appro- help keep households stably housed.
with respect to any pathogen that the Presi- priated amount described in such subpara- (C) ADMINISTRATIVE COSTS.—Not more than
dent has determined has the potential for graph. 15 percent of the total amount paid to an eli-
creating a public health emergency. (2) ALLOCATIONS FOR TERRITORIES.—The gible grantee under this section may be used
Subtitle B—Housing Provisions amount reserved under subsection (a)(2)(A) for administrative costs attributable to pro-
SEC. 3201. EMERGENCY RENTAL ASSISTANCE. shall be allocated to eligible grantees de- viding financial assistance, housing stability
(a) FUNDING.— scribed in subsection (f)(1)(C) in the same services, and other affordable rental housing
(1) APPROPRIATION.—In addition to manner as the amount appropriated under and eviction prevention activities, including
amounts otherwise available, there is appro- section 501(a)(2)(A) of subtitle A of title V of for data collection and reporting require-
priated to the Secretary of the Treasury for division N of the Consolidated Appropria- ments related to such funds.
fiscal year 2021, out of any money in the tions Act, 2021 (Public Law 116–260) is allo- (D) OTHER AFFORDABLE RENTAL HOUSING
Treasury not otherwise appropriated, cated under section 501(b)(3) of such subtitle AND EVICTION PREVENTION ACTIVITIES.—An eli-
$21,550,000,000, to remain available until Sep- A to eligible grantees described under sub- gible grantee may use any funds from pay-
tember 30, 2027, for making payments to eli- paragraph (C) of such section 501(b)(3), except ments made under this section that are un-
gible grantees under this section— that section 501(b)(3) of such subtitle A shall obligated on October 1, 2022, for purposes in
(2) RESERVATION OF FUNDS.—Of the amount be applied— addition to those specified in this paragraph,
appropriated under paragraph (1), the Sec- (A) in subparagraph (A), by inserting ‘‘of provided that—
SSpencer on DSK126QN23PROD with SENATE
retary shall reserve— section 3201 of the American Rescue Plan (i) such other purposes are affordable rent-
(A) $305,000,000 for making payments under Act of 2021’’ after ‘‘the amount reserved al housing and eviction prevention purposes,
this section to the Commonwealth of Puerto under subsection (a)(2)(A)’’; and as defined by the Secretary, serving very
Rico, the United States Virgin Islands, (B) in clause (i) of subparagraph (B), by low-income families (as such term is defined
Guam, the Commonwealth of the Northern substituting ‘‘the amount equal to 0.3 per- in section 3(b) of the United States Housing
Mariana Islands, and American Samoa; cent of the amount appropriated under sub- Act of 1937 (42 U.S.C. 1437a(b))); and
(B) $30,000,000 for costs of the Secretary for section (a)(1)’’ with ‘‘the amount equal to 0.3 (ii) prior to obligating any funds for such
the administration of emergency rental as- percent of the amount appropriated under purposes, the eligible grantee has obligated
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1067
not less than 75 percent of the total funds al- (h) EXTENSION OF AVAILABILITY UNDER PRO- able period of time, the Secretary may re-
located to such eligible grantee in accord- GRAM FOR EXISTING FUNDING.—Paragraph (1) voke and redistribute any unleased vouchers
ance with this section. of section 501(e) of subtitle A of title V of di- and associated funds, including administra-
(2) DISTRIBUTION OF ASSISTANCE.—Amounts vision N of the Consolidated Appropriations tive fees and costs referred to in subsection
appropriated under subsection (a)(1) of this Act, 2021 (Public Law 116–260) is amended by (a)(3), to other public housing agencies ac-
section shall be subject to the same terms striking ‘‘December 31, 2021’’ and inserting cording to the formula under paragraph (3).
and conditions that apply under paragraph ‘‘September 30, 2022’’. (5) WAIVERS AND ALTERNATIVE REQUIRE-
(4) of section 501(c) of subtitle A of title V of SEC. 3202. EMERGENCY HOUSING VOUCHERS. MENTS.—The Secretary may waive or specify
division N of the Consolidated Appropria- (a) APPROPRIATION.—In addition to alternative requirements for any provision of
tions Act, 2021 (Public Law 116–260) to amounts otherwise available, there is appro- the United States Housing Act of 1937 (42
amounts appropriated under subsection (a)(1) priated to the Secretary of Housing and U.S.C. 1437 et seq.) or regulation applicable
of such section 501. Urban Development (in this section referred to such statute other than requirements re-
(e) REALLOCATION OF FUNDS.— to as the ‘‘Secretary’’) for fiscal year 2021, lated to fair housing, nondiscrimination,
(1) IN GENERAL.—Beginning March 31, 2022, out of any money in the Treasury not other- labor standards, and the environment, upon
the Secretary shall reallocate funds allo- wise appropriated, $5,000,000,000, to remain a finding that the waiver or alternative re-
cated to eligible grantees in accordance with quirement is necessary to expedite or facili-
available until September 30, 2030, for—
subsection (b) but not yet paid in accordance tate the use of amounts made available in
(1) incremental emergency vouchers under
with subsection (c)(2) according to a proce- this section.
subsection (b);
dure established by the Secretary. (6) TERMINATION OF VOUCHERS UPON TURN-
(2) renewals of the vouchers under sub-
(2) ELIGIBILITY FOR REALLOCATED FUNDS.— OVER.—After September 30, 2023, a public
section (b);
The Secretary shall require an eligible housing agency may not reissue any vouch-
(3) fees for the costs of administering
grantee to have obligated 50 percent of the ers made available under this section when
vouchers under subsection (b) and other eli-
total amount of funds allocated to such eligi- assistance for the family assisted ends.
gible expenses defined by notice to prevent,
ble grantee under subsection (b) to be eligi- (c) TECHNICAL ASSISTANCE AND OTHER
prepare, and respond to coronavirus to facili- COSTS.—The Secretary may use not more
ble to receive funds reallocated under para- tate the leasing of the emergency vouchers, $20,000,000 of the amounts made available
graph (1) of this subsection. such as security deposit assistance and other under this section for the costs to the Sec-
(3) PAYMENT OF REALLOCATED FUNDS BY THE costs related to retention and support of par- retary of administering and overseeing the
SECRETARY.—The Secretary shall pay to each ticipating owners; and implementation of this section and the Hous-
eligible grantee eligible for a payment of re- (4) adjustments in the calendar year 2021 ing Choice Voucher program generally, in-
allocated funds described in paragraph (2) of section 8 renewal funding allocation, includ- cluding information technology, financial re-
this subsection the amount allocated to such ing mainstream vouchers, for public housing porting, and other costs. Of the amounts set
eligible grantee in accordance with the pro- agencies that experience a significant in- aside under this subsection, the Secretary
cedure established by the Secretary in ac- crease in voucher per-unit costs due to ex- may use not more than $10,000,000, without
cordance with paragraph (1) of this sub- traordinary circumstances or that, despite competition, to make new awards or increase
section. taking reasonable cost savings measures, prior awards to existing technical assistance
(4) USE OF REALLOCATED FUNDS.—Eligible would otherwise be required to terminate providers to provide an immediate increase
grantees may use any funds received in ac- rental assistance for families as a result of in capacity building and technical assistance
cordance with this subsection only for pur- insufficient funding. to public housing agencies.
poses specified in paragraph (1) of subsection (b) EMERGENCY VOUCHERS.— (d) IMPLEMENTATION.—The Secretary may
(d). (1) IN GENERAL.—The Secretary shall pro- implement the provisions of this section by
(f) DEFINITIONS.—In this section: vide emergency rental assistance vouchers notice.
(1) ELIGIBLE GRANTEE.—The term ‘‘eligible under subsection (a), which shall be tenant- SEC. 3203. EMERGENCY ASSISTANCE FOR RURAL
grantee’’ means any of the following: based rental assistance under section 8(o) of HOUSING.
(A) The 50 States of the United States and the United States Housing Act of 1937 (42 In addition to amounts otherwise avail-
the District of Columbia. U.S.C. 1437f(o)). able, there is appropriated to the Secretary
(B) A unit of local government (as defined (2) QUALIFYING INDIVIDUALS OR FAMILIES DE- of Agriculture for fiscal year 2021, out of any
in paragraph (5)). FINED.—For the purposes of this section, money in the Treasury not otherwise appro-
(C) The Commonwealth of Puerto Rico, the qualifying individuals or families are those priated, $100,000,000, to remain available
United States Virgin Islands, Guam, the who are— until September 30, 2022, to provide grants
Commonwealth of the Northern Mariana Is- (A) homeless (as such term is defined in under section 521(a)(2) of the Housing Act of
lands, and American Samoa. section 103(a) of the McKinney-Vento Home- 1949 or agreements entered into in lieu of
(2) ELIGIBLE HOUSEHOLD.—The term ‘‘eligi- less Assistance Act (42 U.S.C. 11302(a)); debt forgiveness or payments for eligible
ble household’’ means a household of 1 or (B) at risk of homelessness (as such term is households as authorized by section
more individuals who are obligated to pay defined in section 401(1) of the McKinney- 502(c)(5)(D) of the Housing Act of 1949, for
rent on a residential dwelling and with re- Vento Homeless Assistance Act (42 U.S.C. temporary adjustment of income losses for
spect to which the eligible grantee involved residents of housing financed or assisted
11360(1)));
determines that— under section 514, 515, or 516 of the Housing
(C) fleeing, or attempting to flee, domestic
(A) 1 or more individuals within the house- Act of 1949 who have experienced income loss
violence, dating violence, sexual assault,
but are not currently receiving Federal rent-
hold has— stalking, or human trafficking, as defined by
al assistance.
(i) qualified for unemployment benefits; or the Secretary; or
SEC. 3204. HOUSING COUNSELING.
(ii) experienced a reduction in household (D) recently homeless, as determined by
income, incurred significant costs, or experi- (a) APPROPRIATION.—In addition to
the Secretary, and for whom providing rent-
amounts otherwise available, there is appro-
enced other financial hardship during or due, al assistance will prevent the family’s home-
priated to the Neighborhood Reinvestment
directly or indirectly, to the coronavirus lessness or having high risk of housing insta- Corporation (in this section referred to as
pandemic; bility. the ‘‘Corporation’’) for fiscal year 2021, out of
(B) 1 or more individuals within the house- (3) ALLOCATION.—The Secretary shall no- any money in the Treasury not otherwise ap-
hold can demonstrate a risk of experiencing tify public housing agencies of the number of propriated, $100,000,000, to remain available
homelessness or housing instability; and emergency vouchers provided under this sec- until September 30, 2025, for grants to hous-
(C) the household is a low-income family tion to be allocated to the agency not later ing counseling intermediaries approved by
(as such term is defined in section 3(b) of the than 60 days after the date of the enactment the Department of Housing and Urban Devel-
United States Housing Act of 1937 (42 U.S.C. of this Act, in accordance with a formula opment, State housing finance agencies, and
1437a(b)). that includes public housing agency capacity NeighborWorks organizations for providing
(3) INSPECTOR GENERAL.—The term ‘‘Inspec- and ensures geographic diversity, including housing counseling services, as authorized
tor General’’ means the Inspector General of with respect to rural areas, among public under the Neighborhood Reinvestment Cor-
the Department of the Treasury. housing agencies administering the Housing poration Act (42 U.S.C. 8101-8107) and con-
(4) SECRETARY.—The term ‘‘Secretary’’ Choice Voucher program. sistent with the discretion set forth in sec-
means the Secretary of the Treasury. (4) TERMS AND CONDITIONS.— tion 606(a)(5) of such Act (42 U.S.C. 8105(a)(5))
(5) UNIT OF LOCAL GOVERNMENT.—The term (A) ELECTION TO ADMINISTER.—The Sec- to design and administer grant programs. Of
‘‘unit of local government’’ has the meaning retary shall establish a procedure for public the grant funds made available under this
SSpencer on DSK126QN23PROD with SENATE
given such term in section 501 of subtitle A housing agencies to accept or decline the subsection, not less than 40 percent shall be
of title V of division N of the Consolidated emergency vouchers allocated to the agency provided to counseling organizations that—
Appropriations Act, 2021 (Public Law 116– in accordance with the formula under sub- (1) target housing counseling services to
260). paragraph (3). minority and low-income populations facing
(g) AVAILABILITY.—Funds provided to an el- (B) FAILURE TO USE VOUCHERS PROMPTLY.— housing instability; or
igible grantee under a payment made under If a public housing agency fails to lease its (2) provide housing counseling services in
this section shall remain available through authorized vouchers under subsection (b) on neighborhoods having high concentrations of
September 30, 2025. behalf of eligible families within a reason- minority and low-income populations.
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
S1068 CONGRESSIONAL RECORD — SENATE March 4, 2021
(b) LIMITATION.—The aggregate amount would prevent the family’s homelessness or tion other than requirements related to fair
provided to NeighborWorks organizations would serve those with the greatest risk of housing, nondiscrimination, labor standards,
under this section shall not exceed 15 percent housing instability; or and the environment, upon a finding that the
of the total of grant funds made available by (5) veterans and families that include a waiver or alternative requirement is nec-
subsection (a). veteran family member that meet one of the essary to expedite or facilitate the use of
(c) ADMINISTRATION AND OVERSIGHT.—The preceding criteria. amounts made available under this section.
Corporation may retain a portion of the (c) TERMS AND CONDITIONS.— SEC. 3206. HOMEOWNER ASSISTANCE FUND.
amounts provided under this section, in a (1) FUNDING RESTRICTIONS.—The cost limits (a) APPROPRIATION.—In addition to
proportion consistent with its standard rate in section 212(e) (42 U.S.C. 12742(e)), the com-
amounts otherwise available, there is appro-
for program administration in order to cover mitment requirements in section 218(g) (42
priated to the Secretary of the Treasury for
its expenses related to program administra- U.S.C. 12748(g)), the matching requirements
the Homeowner Assistance Fund established
tion and oversight. in section 220 (42 U.S.C. 12750), and the set-
(d) HOUSING COUNSELING SERVICES DE- under subsection (c) for fiscal year 2021, out
aside for housing developed, sponsored, or
FINED.— For the purposes of this section, the
of any money in the Treasury not otherwise
owned by community housing development
term ‘‘housing counseling services’’ means— appropriated, $9,961,000,000, to remain avail-
organizations required in section 231 of the
(1) housing counseling provided directly to able until September 30, 2025, for qualified
Act (42 U.S.C. 12771) shall not apply for
households facing housing instability, such expenses that meet the purposes specified
amounts made available in this section.
as eviction, default, foreclosure, loss of in- under subsection (c) and expenses described
(2) ADMINISTRATIVE COSTS.— Notwith-
come, or homelessness; standing sections 212(c) and (d)(1) of the Act in subsection (d)(1).
(2) education, outreach, training, tech- (42 U.S.C. 12742(c) and (d)(1)), of the funds (b) DEFINITIONS.—In this section:
nology upgrades, and other program related made available in this section for carrying (1) CONFORMING LOAN LIMIT.—The term
support; and out activities authorized in this section, a ‘‘conforming loan limit’’ means the applica-
(3) operational oversight funding for grant- grantee may use up to fifteen percent of its ble limitation governing the maximum origi-
ees and subgrantees that receive funds under allocation for administrative and planning nal principal obligation of a mortgage se-
this section. costs. cured by a single-family residence, a mort-
SEC. 3205. HOMELESSNESS ASSISTANCE AND SUP- (3) OPERATING EXPENSES.—Notwithstanding gage secured by a 2-family residence, a mort-
PORTIVE SERVICES PROGRAM. sections 212(a) and (g) of the Act (42 U.S.C. gage secured by a 3-family residence, or a
(a) APPROPRIATION.—In addition to 12742(a) and (g)), a grantee may use up to an mortgage secured by a 4-family residence, as
amounts otherwise available, there is appro- additional five percent of its allocation for determined and adjusted annually under sec-
priated to the Secretary of Housing and the payment of operating expenses of com- tion 302(b)(2) of the Federal National Mort-
Urban Development (in this section referred munity housing development organizations gage Association Charter Act (12 U.S.C.
to as the ‘‘Secretary’’) for fiscal year 2021, and nonprofit organizations carrying out ac- 1717(b)(2)) and section 305(a)(2) of the Federal
out of any money in the Treasury not other- tivities authorized under this section, but Home Loan Mortgage Corporation Act (12
wise appropriated, $5,000,000,000, to remain only if— U.S.C. 1454(a)(2)).
available until September 30, 2025, except (A) such funds are used to develop the ca- (2) DWELLING.—The term ‘‘dwelling’’ means
that amounts authorized under subsection pacity of the community housing develop- any building, structure, or portion thereof
(d)(3) shall remain available until September ment organization or nonprofit organization which is occupied as, or designed or intended
30, 2029, for assistance under title II of the in the jurisdiction or insular area to carry for occupancy as, a residence by one or more
Cranston-Gonzalez National Affordable out activities authorized under this section; individuals.
Housing Act (42 U.S.C. 12721 et seq.) for the and (3) ELIGIBLE ENTITY.—The term ‘‘eligible
following activities to primarily benefit (B) the community housing development entity’’ means—
qualifying individuals or families: organization or nonprofit organization com- (A) a State; or
(1) Tenant-based rental assistance. plies with the limitation on assistance in (B) any entity eligible for payment under
(2) The development and support of afford- section 234(b) of the Act (42 U.S.C. 12774(b)). subsection (f).
able housing pursuant to section 212(a) of the (4) CONTRACTING.—A grantee, when con- (4) MORTGAGE.—The term ‘‘mortgage’’
Cranston-Gonzalez National Affordable tracting with service providers engaged di- means any credit transaction—
Housing Act (42 U.S.C. 12742(a)) (‘‘the Act’’ rectly in the provision of services under (A) that is secured by a mortgage, deed of
herein). paragraph (a)(3), shall, to the extent prac- trust, or other consensual security interest
(3) Supportive services to qualifying indi- ticable, enter into contracts in amounts that on a principal residence of a borrower that is
viduals or families not already receiving cover the actual total program costs and ad- (i) a 1- to 4-unit dwelling, or (ii) residential
such supportive services, including— ministrative overhead to provide the serv- real property that includes a 1- to 4-unit
(A) activities listed in section 401(29) of the ices contracted. dwelling; and
McKinney-Vento Homeless Assistance Act (d) ALLOCATION.— (B) the unpaid principal balance of which
(42 U.S.C. 11360(29)); (1) FORMULA ASSISTANCE.—Except as pro- was, at the time of origination, not more
(B) housing counseling; and vided in paragraphs (2) and (3), the Secretary than the conforming loan limit.
(C) homeless prevention services. shall allocate amounts made available under (5) FUND.—The term ‘‘Fund’’ means the
(4) The acquisition and development of this section pursuant to section 217 of the Homeowner Assistance Fund established
non-congregate shelter units, all or a portion Act (42 U.S.C. 12747) to grantees that re- under subsection (c).
of which may— ceived allocations pursuant to that same for- (6) SECRETARY.—The term ‘‘Secretary’’
(A) be converted to permanent affordable mula in fiscal year 2021, and shall make such means the Secretary of the Treasury.
housing; allocations within 30 days of enactment of (7) STATE.—The term ‘‘State’’ means any
(B) be used as emergency shelter under this Act. State of the United States, the District of
subtitle B of title IV of the McKinney-Vento (2) TECHNICAL ASSISTANCE.—Up to Columbia, the Commonwealth of Puerto
Homeless Assistance Act (42 U.S.C. 11371- $25,000,000 of the amounts made available Rico, Guam, American Samoa, the United
11378); under this section shall be used, without States Virgin Islands, and the Common-
(C) be converted to permanent housing competition, to make new awards or increase wealth of the Northern Mariana Islands.
under subtitle C of title IV of the McKinney- prior awards to existing technical assistance (c) ESTABLISHMENT OF FUND.—
Vento Homeless Assistance Act (42 U.S.C. providers to provide an immediate increase (1) ESTABLISHMENT; QUALIFIED EXPENSES.—
11381-11389); or in capacity building and technical assistance There is established in the Department of
(D) remain as non-congregate shelter available to any grantees implementing ac- the Treasury a Homeowner Assistance Fund
units. tivities or projects consistent with this sec- to mitigate financial hardships associated
(b) QUALIFYING INDIVIDUALS OR FAMILIES tion. with the coronavirus pandemic by providing
DEFINED.—For the purposes of this section, (3) OTHER COSTS.—Up to $50,000,000 of the such funds as are appropriated by subsection
qualifying individuals or families are those amounts made available under this section (a) to eligible entities for the purpose of pre-
who are— shall be used for the administrative costs to venting homeowner mortgage delinquencies,
(1) homeless, as defined in section 103(a) of oversee and administer implementation of defaults, foreclosures, loss of utilities or
the McKinney-Vento Homeless Assistance this section and the HOME program gen- home energy services, and displacements of
Act (42 U.S.C. 11302(a)); erally, including information technology, fi- homeowners experiencing financial hardship
(2) at-risk of homelessness, as defined in nancial reporting, and other costs. after January 21, 2020, through qualified ex-
section 401(1) of the McKinney-Vento Home- (4) WAIVERS OR ALTERNATIVE REQUIRE- penses related to mortgages and housing,
SSpencer on DSK126QN23PROD with SENATE
less Assistance Act (42 U.S.C. 11360(1)); MENTS.—The Secretary may waive or specify which include—
(3) fleeing, or attempting to flee, domestic alternative requirements for any provision of (A) mortgage payment assistance;
violence, dating violence, sexual assault, the Cranston-Gonzalez National Affordable (B) financial assistance to allow a home-
stalking, or human trafficking, as defined by Housing Act (42 U.S.C. 12701 et seq.) and ti- owner to reinstate a mortgage or to pay
the Secretary; tles I and IV of the McKinney-Vento Home- other housing related costs related to a pe-
(4) in other populations where providing lessness Act (42 U.S.C. 11301 et seq., 11360 et riod of forbearance, delinquency, or default;
supportive services or assistance under sec- seq.) or regulation for the administration of (C) principal reduction;
tion 212(a) of the Act (42 U.S.C. 12742(a)) the amounts made available under this sec- (D) facilitating interest rate reductions;
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1069
(E) payment assistance for— (B) PRO RATA ADJUSTMENTS.—The Sec- solidated Appropriations Act, 2021 (Public
(i) utilities, including electric, gas, home retary shall adjust on a pro rata basis the Law 116-260) that notify the Secretary that
energy, and water; amount of the payments for each State of they request to receive payments allocated
(ii) internet service, including broadband the United States, the District of Columbia, from the Fund by the Secretary for purposes
internet access service, as defined in section and the Commonwealth of Puerto Rico deter- described under subsection (c) and will use
8.1(b) of title 47, Code of Federal Regulations mined under this subsection without regard such payments in compliance with this sec-
(or any successor regulation); to this subparagraph to the extent necessary tion.
(iii) homeowner’s insurance, flood insur- to comply with the requirements of subpara- (3) ADJUSTMENT.—Allocations provided
ance, and mortgage insurance; and graph (A). under this subsection may be further ad-
(iv) homeowner’s association, condo- (4) TERRITORY SET-ASIDE.—Notwithstanding justed as provided by section 501(b)(2)(B) of
minium association fees, or common any other provision of this section, of the subtitle A of title V of division N of the Con-
charges; amounts appropriated under subsection (a), solidated Appropriations Act, 2021 (Public
(F) reimbursement of funds expended by a the Secretary shall reserve $30,000,000 to be Law 116-260).
State, local government, or designated enti- disbursed to Guam, American Samoa, the SEC. 3207. RELIEF MEASURES FOR SECTION 502
ty under subsection (f) during the period be- United States Virgin Islands, and the Com- AND 504 DIRECT LOAN BORROWERS.
ginning on January 21, 2020, and ending on monwealth of the Northern Mariana Islands (a) APPROPRIATION.—In addition to
the date that the first funds are disbursed by based on each such territory’s share of the amounts otherwise available, there is appro-
the eligible entity under the Homeowner As- combined total population of all such terri- priated to the Secretary of Agriculture (in
sistance Fund, for the purpose of providing tories, as determined by the Secretary. For
this section referred to as the ‘‘Secretary’’)
housing or utility payment assistance to the purposes of this paragraph, population
for fiscal year 2021, out of any money in the
homeowners or otherwise providing funds to shall be determined based on the most recent
Treasury not otherwise appropriated,
prevent foreclosure or post-foreclosure evic- year for which data are available from the
$39,000,000, to remain available until Sep-
tion of a homeowner or prevent mortgage de- United States Census Bureau.
tember 30, 2023, for direct loans made under
linquency or loss of housing or utilities as a (5) TRIBAL SET-ASIDE.—The Secretary shall
sections 502 and 504 of the Housing Act of
response to the coronavirus disease (COVID) allocate funds to any eligible entity des-
1949 (42 U.S.C. 1472, 1474).
pandemic; and ignated under subsection (f) pursuant to the
(G) any other assistance to promote hous- requirements of that subsection. (b) ADMINISTRATIVE EXPENSES.—The Sec-
ing stability for homeowners, including pre- (e) DISTRIBUTION OF FUNDS TO STATES.— retary may use not more than 3 percent of
venting mortgage delinquency, default, fore- (1) IN GENERAL.—The Secretary shall make the amounts appropriated under this section
closure, post-foreclosure eviction of a home- payments, beginning not later than 45 days for administrative purposes.
owner, or the loss of utility or home energy after enactment of this Act, from amounts SEC. 3208. FAIR HOUSING ACTIVITIES.
services, as determined by the Secretary. allocated under subsection (d) to eligible en- (a) APPROPRIATION.—In addition to
(2) TARGETING.—Not less than 60 percent of tities that have notified the Secretary that amounts otherwise available, there is appro-
amounts made to each eligible entity allo- they request to receive payment from the priated to the Secretary of Housing and
cated amounts under subsection (d) or (f) Fund and that the eligible entity will use Urban Development (in this section referred
shall be used for qualified expenses that as- such payments in compliance with this sec- to as the ‘‘Secretary’’) for fiscal year 2021,
sist homeowners having incomes equal to or tion. out of any money in the Treasury not other-
less than 100 percent of the area median in- (2) REALLOCATION.—If a State does not re- wise appropriated, $20,000,000, to remain
come for their household size or equal to or quest allocated funds by the 45th day after available until September 30, 2023, for the
less than 100 percent of the median income the date of enactment of this Act, such State Fair Housing Initiatives Program under sec-
for the United States, as determined by the shall not be eligible for a payment from the tion 561 of the Housing and Community De-
Secretary of Housing and Urban Develop- Secretary pursuant to this section, and the velopment Act of 1987 (42 U.S.C. 3616a) to en-
ment, whichever is greater. The eligible enti- Secretary shall, by the 180th day after the sure fair housing organizations have addi-
ty shall prioritize remaining funds to so- date of enactment of this Act, reallocate any tional resources to address fair housing in-
cially disadvantaged individuals. funds that were not requested by such State quiries, complaints, investigations, edu-
(d) ALLOCATION OF FUNDS.— among the States that have requested funds cation and outreach activities, and costs of
(1) ADMINISTRATION.—Of any amounts made by the 45th day after the date of enactment delivering or adapting services, during or re-
available under this section, the Secretary of this Act. For any such reallocation of lating to the coronavirus pandemic.
shall reserve— funds, the Secretary shall adhere to the re- (b) ADMINISTRATIVE EXPENSES.—The Sec-
(A) to the Department of the Treasury, an quirements of subsection (d), except for para- retary may use not more than 3 percent of
amount not to exceed $40,000,000 to admin- graph (1), to the greatest extent possible, the amounts appropriated under this section
ister and oversee the Fund, and to provide provided that the Secretary shall also take for administrative purposes.
technical assistance to eligible entities for into consideration in determining such re-
the creation and implementation of State allocation a State’s remaining need and a Subtitle C—Small Business (SSBCI)
and tribal programs to administer assistance State’s record of using payments from the SEC. 3301. STATE SMALL BUSINESS CREDIT INI-
from the Fund; and Fund to serve homeowners at dispropor- TIATIVE.
(B) to the Inspector General of the Depart- tionate risk of mortgage default, foreclosure, (a) STATE SMALL BUSINESS CREDIT INITIA-
ment of the Treasury, an amount to not ex- or displacement, including homeowners hav- TIVE.—
ceed $2,600,000 for oversight of the program ing incomes equal to or less than 100 percent (1) IN GENERAL.—The State Small Business
under this section. of the area median income for their house- Credit Initiative Act of 2010 (12 U.S.C. 5701 et
(2) FOR STATES.—After the application of hold size or 100 percent of the median income seq.) is amended—
paragraphs (1), (4), and (5) of this subsection for the United States, as determined by the (A) in section 3003—
and subject to paragraph (3) of this sub- Secretary of Housing and Urban Develop- (i) in subsection (b)—
section, the Secretary shall allocate the re- ment, whichever is greater, and minority (I) by amending paragraph (1) to read as
maining funds available within the Home- homeowners. follows:
owner Assistance Fund to each State of the (f) TRIBAL SET-ASIDE.— ‘‘(1) IN GENERAL.—Not later than 30 days
United States, the District of Columbia, and (1) SET-ASIDE.—Notwithstanding any other after the date of enactment of subsection (d),
the Commonwealth of Puerto Rico based on provision of this section, of the amounts ap- the Secretary shall allocate Federal funds to
homeowner need, for such State relative to propriated under subsection (a), the Sec- participating States so that each State is el-
all States of the United States, the District retary shall use 5 percent to make payments igible to receive an amount equal to what
of Columbia, and the Commonwealth of to entities that are eligible for payments the State would receive under the 2021 allo-
Puerto Rico, as of the date of the enactment under clauses (i) and (ii) of section cation, as determined under paragraph (2).’’;
of this Act, which is determined by reference 501(b)(2)(A) of subtitle A of title V of division (II) in paragraph (2)—
to— N of the Consolidated Appropriations Act, (aa) by striking ‘‘2009’’ each place such
(A) the average number of unemployed in- 2021 (Public Law 116-260) for the purposes de- term appears and inserting ‘‘2021’’;
dividuals measured over a period of time not scribed in subsection (c). (bb) by striking ‘‘2008’’ each place such
fewer than 3 months and not more than 12 (2) ALLOCATION AND PAYMENT.—The Sec- term appears and inserting ‘‘2020’’;
months; and retary shall allocate the funds set aside (cc) in subparagraph (A), by striking ‘‘The
(B) the total number of mortgagors with— under paragraph (1) using the allocation for- Secretary’’ and inserting ‘‘With respect to
(i) mortgage payments that are more than mulas described in clauses (i) and (ii) of sec- States other than Tribal governments, the
SSpencer on DSK126QN23PROD with SENATE
30 days past due; or tion 501(b)(2)(A) of subtitle A of title V of di- Secretary’’;
(ii) mortgages in foreclosure. vision N of the Consolidated Appropriations (dd) in subparagraph (C)(i), by striking
(3) SMALL STATE MINIMUM.— Act, 2021 (Public Law 116-260), and shall ‘‘2007’’ and inserting ‘‘2019’’; and
(A) IN GENERAL.—Each State of the United make payments of such amounts beginning (ee) by adding at the end the following:
States, the District of Columbia, and the no later than 45 days after enactment of this ‘‘(C) SEPARATE ALLOCATION FOR TRIBAL GOV-
Commonwealth of Puerto Rico shall receive Act to entities eligible for payment under ERNMENTS.—
no less than $50,000,000 for the purposes es- clauses (i) and (ii) of section 501(b)(2)(A) of ‘‘(i) IN GENERAL.—With respect to States
tablished in (c). subtitle A of title V of division N of the Con- that are Tribal governments, the Secretary
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
S1070 CONGRESSIONAL RECORD — SENATE March 4, 2021
shall determine the 2021 allocation by allo- pears and inserting ‘‘date of the enactment ‘‘(B) may include independent contractors
cating $500,000,000 among the Tribal govern- of section 3003(d)’’. and sole proprietors.’’.
ments in the proportion the Secretary deter- (2) APPROPRIATION.— (d) CDFI AND MDI PARTICIPATION PLAN.—
mines appropriate, including with consider- (A) IN GENERAL.—In addition to amounts Section 3004 of the State Small Business
ation to available employment and economic otherwise available, there is hereby appro- Credit Initiative Act of 2010 (12 U.S.C. 5703) is
data regarding each such Tribal government. priated to the Secretary of the Treasury for amended by adding at the end the following:
‘‘(ii) NOTICE OF INTENT; TIMING OF ALLOCA- fiscal year 2021, out of any money in the ‘‘(e) CDFI AND MDI PARTICIPATION PLAN.—
TION.—With respect to allocations to States Treasury not otherwise appropriated, The Secretary may not approve a State to be
that are Tribal governments, the Secretary $10,000,000,000, to remain available until ex- a participating State unless the State has
may— pended, to provide support to small busi- provided the Secretary with a plan detailing
‘‘(I) require Tribal governments that indi- nesses responding to and recovering from the how minority depository institutions and
vidually or jointly wish to participate in the economic effects of the COVID–19 pandemic, community development financial institu-
Program to file a notice of intent with the ensure business enterprises owned and con- tions will be encouraged to participate in
Secretary not later than 30 days after the trolled by socially and economically dis- State programs.’’.
date of enactment of subsection (d); and advantaged individuals have access to credit (e) PANDEMIC RESPONSE PLAN.—Section
‘‘(II) notwithstanding paragraph (1), allo- and investments, provide technical assist- 3004 of the State Small Business Credit Ini-
cate Federal funds to participating Tribal ance to help small businesses applying for tiative Act of 2010 (12 U.S.C. 5703), as amend-
governments not later than 60 days after the various support programs, and to pay reason- ed by subsection (d), is further amended by
date of enactment of subsection (d). able costs of administering such Initiative. adding at the end the following:
‘‘(D) EMPLOYMENT DATA.—If the Secretary (B) RESCISSION.—With respect to amounts ‘‘(f) PANDEMIC RESPONSE PLAN.—The Sec-
determines that employment data with re- appropriated under subparagraph (A)— retary may not approve a State to be a par-
spect to a State is unavailable from the Bu- (i) the Secretary of the Treasury shall ticipating State unless the State has pro-
reau of Labor Statistics of the Department complete all disbursements and remaining vided the Secretary with a description of
of Labor, the Secretary shall consider such obligations before September 30, 2030; and how the State will expeditiously utilize
other economic and employment data that is (ii) any amounts that remain unexpended funds to support small businesses, including
otherwise available for purposes of deter- (whether obligated or unobligated) on Sep- business enterprises owned and controlled by
mining the employment data of such tember 30, 2030, shall be rescinded and depos- socially and economically disadvantaged in-
State.’’; and ited into the general fund of the Treasury. dividuals, in responding to and recovering
(III) by striking paragraph (3); and (b) ADDITIONAL ALLOCATIONS TO SUPPORT from the economic effects of the COVID–19
(ii) in subsection (c)— BUSINESS ENTERPRISES OWNED AND CON- pandemic.’’.
(I) in paragraph (1)(A)(iii), by inserting be- TROLLED BY SOCIALLY AND ECONOMICALLY (f) TECHNICAL ASSISTANCE.—Section 3009 of
fore the period the following: ‘‘that have de- DISADVANTAGED INDIVIDUALS.—Section 3003 the State Small Business Credit Initiative
livered loans or investments to eligible busi- of the State Small Business Credit Initiative Act of 2010 (12 U.S.C. 5708) is amended by add-
nesses’’; and Act of 2010 (12 U.S.C. 5702) is amended by add- ing at the end the following:
(II) by amending paragraph (4) to read as ing at the end the following: ‘‘(e) TECHNICAL ASSISTANCE.—Of the
follows: ‘‘(d) ADDITIONAL ALLOCATIONS TO SUPPORT amounts appropriated for fiscal year 2021 to
‘‘(4) TERMINATION OF AVAILABILITY OF BUSINESS ENTERPRISES OWNED AND CON- carry out the Program, $500,000,000 may be
AMOUNTS NOT TRANSFERRED.— TROLLED BY SOCIALLY AND ECONOMICALLY used by the Secretary to—
‘‘(A) IN GENERAL.—Any portion of a partici- DISADVANTAGED INDIVIDUALS.—Of the ‘‘(1) provide funds to States to carry out a
pating State’s allocated amount that has not amounts appropriated for fiscal year 2021 to technical assistance plan under which a
been transferred to the State under this sec- carry out the Program, the Secretary shall— State will provide legal, accounting, and fi-
tion may be deemed by the Secretary to be ‘‘(1) allocate $1,500,000,000 to States from nancial advisory services, either directly or
no longer allocated to the State and no funds allocated under this section and, by contracted with legal, accounting, and finan-
longer available to the State and shall be re- regulation or other guidance, prescribe Pro- cial advisory firms, with priority given to
turned to the general fund of the Treasury or gram requirements that the funds be ex- business enterprises owned and controlled by
reallocated as described under subparagraph pended for business enterprises owned and socially and economically disadvantaged in-
(B), if— controlled by socially and economically dis- dividuals, to very small businesses and busi-
‘‘(i) the second 1⁄3 of a State’s allocated advantaged individuals; and ness enterprises owned and controlled by so-
amount has not been transferred to the ‘‘(2) allocate such amounts to States based cially and economically disadvantaged indi-
State before the end of the end of the 3-year on the needs of business enterprises owned viduals applying for—
period beginning on the date that the Sec- and controlled by socially and economically ‘‘(A) State programs under the Program;
retary approves the State for participation; disadvantaged individuals, as determined by and
or the Secretary, in each State, and not subject ‘‘(B) other State or Federal programs that
‘‘(ii) the last 1⁄3 of a State’s allocated to the allocation formula described under support small businesses;
amount has not been transferred to the subsection (b). ‘‘(2) transfer amounts to the Minority
State before the end of the end of the 6-year ‘‘(e) INCENTIVE ALLOCATIONS TO SUPPORT Business Development Agency, so that the
period beginning on the date that the Sec- BUSINESS ENTERPRISES OWNED AND CON- Agency may use such amounts in a manner
TROLLED BY SOCIALLY AND ECONOMICALLY
retary approves the State for participation. the Agency determines appropriate, includ-
‘‘(B) REALLOCATION.—Any amount deemed DISADVANTAGED INDIVIDUALS.—Of the
ing through contracting with third parties,
by the Secretary to be no longer allocated to amounts appropriated for fiscal year 2021 to
to provide technical assistance to business
a State and no longer available to such State carry out the Program, the Secretary shall
enterprises owned and controlled by socially
set aside $1,000,000,000 for an incentive pro-
under subparagraph (A) may be reallocated and economically disadvantaged individuals
gram under which the Secretary shall in-
by the Secretary to other participating applying to—
crease the second 1⁄3 and last 1⁄3 allocations
States. In making such a reallocation, the ‘‘(A) State programs under the Program;
for States that demonstrate robust support,
Secretary shall not take into account the and
as determined by the Secretary, for business
minimum allocation requirements under concerns owned and controlled by socially ‘‘(B) other State or Federal programs that
subsection (b)(2)(B) or the specific allocation and economically disadvantaged individuals support small businesses; and
for Tribal governments described under sub- in the deployment of prior allocation ‘‘(3) contract with legal, accounting, and
section (b)(2)(C).’’; amounts.’’. financial advisory firms (with priority given
(B) in section 3004(d), by striking ‘‘date of (c) ADDITIONAL ALLOCATIONS TO SUPPORT to business enterprises owned and controlled
enactment of this Act’’ each place it appears VERY SMALL BUSINESSES.—Section 3003 of by socially and economically disadvantaged
and inserting ‘‘date of the enactment of sec- the State Small Business Credit Initiative individuals), to provide technical assistance
tion 3003(d)’’; Act of 2010 (12 U.S.C. 5702), as amended by to business enterprises owned and controlled
(C) in section 3005(b), by striking ‘‘date of subsection (b), is further amended by adding by socially and economically disadvantaged
enactment of this Act’’ each place it appears at the end the following: individuals applying to—
and inserting ‘‘date of the enactment of sec- ‘‘(f) ADDITIONAL ALLOCATIONS TO SUPPORT ‘‘(A) State programs under the Program;
tion 3003(d)’’; VERY SMALL BUSINESSES.— and
(D) in section 3006(b)(4), by striking ‘‘date ‘‘(1) IN GENERAL.—Of the amounts appro- ‘‘(B) other State or Federal programs that
of enactment of this Act’’ and inserting priated to carry out the Program, the Sec- support small businesses.’’.
‘‘date of the enactment of section 3003(d)’’; retary shall allocate not less than $500,000,000 (g) INCLUSION OF TRIBAL GOVERNMENTS.—
SSpencer on DSK126QN23PROD with SENATE
(E) in section 3007(b), by striking ‘‘March to States from funds allocated under this Section 3002(10) of the State Small Business
31, 2011’’ and inserting ‘‘March 31, 2022’’; section to be expended for very small busi- Credit Initiative Act of 2010 (12 U.S.C.
(F) in section 3009, by striking ‘‘date of en- nesses. 5701(10)) is amended—
actment of this Act’’ each place it appears ‘‘(2) VERY SMALL BUSINESS DEFINED.—In (1) in subparagraph (C), by striking ‘‘and’’
and inserting ‘‘date of the enactment of sec- this subsection, the term ‘very small busi- at the end;
tion 3003(d)’’; and ness’— (2) in subparagraph (D), by striking the pe-
(G) in section 3011(b), by striking ‘‘date of ‘‘(A) means a business with fewer than 10 riod at the end and inserting ‘‘; and’’; and
the enactment of this Act’’ each place it ap- employees; and (3) by adding at the end the following:
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1071
‘‘(E) a Tribal government, or a group of Code, funds provided under this section, United States Code, and shall be apportioned
Tribal governments that jointly apply for an other than subsection (b)(4), shall be avail- in accordance with such section.
allocation.’’. able for the operating expenses of transit (B) ALLOCATION RATIO.—Amounts made
(h) DEFINITIONS.—Section 3002 of the State agencies to prevent, prepare for, and respond available under subparagraph (A) shall be al-
Small Business Credit Initiative Act of 2010 to the coronavirus public health emergency, located in the same ratio as funds were pro-
(12 U.S.C. 5701) is amended by adding at the including, beginning on January 20, 2020— vided under section 5310 of title 49, United
end the following: (i) reimbursement for payroll of public States Code, for fiscal year 2020.
‘‘(15) BUSINESS ENTERPRISE OWNED AND CON- transportation (including payroll and ex- (3) FORMULA GRANTS FOR RURAL AREAS.—
TROLLED BY SOCIALLY AND ECONOMICALLY DIS- penses of private providers of public trans- (A) IN GENERAL.—Of the amounts made
ADVANTAGED INDIVIDUALS.—The term ‘busi- portation); available under subsection (a), $317,214,013
ness enterprise owned and controlled by so- (ii) operating costs to maintain service due shall be for grants to recipients or subrecipi-
cially and economically disadvantaged indi- to lost revenue due as a result of the ents eligible under section 5311 of title 49,
viduals’ means a business that— coronavirus public health emergency, includ- United States Code, and shall be adminis-
‘‘(A) if privately owned, 51 percent is ing the purchase of personal protective tered as if the funds were provided under sec-
owned by one or more socially and economi- equipment; and tion 5311 of such title, and shall be appor-
cally disadvantaged individuals; (iii) paying the administrative leave of op- tioned in accordance with such section, ex-
‘‘(B) if publicly owned, 51 percent of the erations or contractor personnel due to re- cept as described in paragraph (B).
stock is owned by one or more socially and ductions in service. (B) ALLOCATION RATIO.—Amounts made
economically disadvantaged individuals; and (B) USE OF FUNDS.—Funds described in sub- available under subparagraph (A) to States,
‘‘(C) in the case of a mutual institution, a paragraph (A) shall be— as defined in section 5302 of title 49, United
majority of the Board of Directors, account (i) available for immediate obligation, not- States Code, shall be allocated to such
holders, and the community which the insti- withstanding the requirement for such ex- States based on data contained in the Na-
tution services is predominantly comprised penses to be included in a transportation im- tional Transit Database, such that—
of socially and economically disadvantaged provement program, long-range transpor- (i) any State that received an amount for
individuals. tation plan, statewide transportation plan, similar activities to prevent, prepare for, and
‘‘(16) COMMUNITY DEVELOPMENT FINANCIAL or statewide transportation improvement respond to coronavirus that is equal to or
INSTITUTION.—The term ‘community develop- program under sections 5303 and 5304 of title greater than 150 percent of the combined 2018
ment financial institution’ has the meaning 49, United States Code; rural operating costs of the recipients and
given that term under section 103 of the Rie- (ii) directed to payroll and operations of subrecipients in such State shall receive an
gle Community Development and Regulatory public transportation (including payroll and amount equal to 5 percent of such State’s
Improvement Act of 1994. expenses of private providers of public trans- 2018 rural operating costs;
‘‘(17) MINORITY DEPOSITORY INSTITUTION.— portation), unless the recipient certifies to (ii) any State that does not receive an allo-
The term ‘minority depository institution’ the Administrator of the Federal Transit Ad- cation under clause (i) that received an
has the meaning given that term under sec- ministration that the recipient has not fur- amount for similar activities to prevent, pre-
tion 308(b) of the Financial Institutions Re- loughed any employees; pare for, and respond to coronavirus that is
form, Recovery, and Enforcement Act of (iii) used to provide a Federal share of the equal to or greater than 140 percent of the
1989. costs for any grant made under this section combined 2018 rural operating costs of the re-
‘‘(18) SOCIALLY AND ECONOMICALLY DIS- of 100 percent. cipients and subrecipients in that State shall
ADVANTAGED INDIVIDUAL.—The term ‘socially (b) ALLOCATION OF FUNDS.— receive an amount equal to 10 percent of
and economically disadvantaged individual’ (1) URBANIZED AREA FORMULA GRANTS.— such State’s 2018 rural operating costs; and
means an individual who is a socially dis- (A) IN GENERAL.—Of the amounts made (iii) any State that does not receive an al-
advantaged individual or an economically available under subsection (a), $26,086,580,227 location under clauses (i) or (ii) shall receive
disadvantaged individual, as such terms are shall be for grants to recipients and sub- an amount equal to 20 percent of such
defined, respectively, under section 8 of the recipients under section 5307 of title 49, State’s 2018 rural operating costs.
Small Business Act (15 U.S.C. 637) and the United States Code, and shall be adminis- (4) CAPITAL INVESTMENTS.—
regulations thereunder. tered as if such funds were provided under (A) IN GENERAL.—Of the amounts made
‘‘(19) TRIBAL GOVERNMENT.—The term section 5307 of such title. available under subsection (a)—
‘Tribal government’ means the recognized (B) ALLOCATION.—Amounts made available (i) $1,425,000,000 shall be for grants adminis-
governing body of any Indian or Alaska Na- under subparagraph (A) shall be apportioned tered under subsections (d) and (e) of section
tive tribe, band, nation, pueblo, village, com- to urbanized areas based on data contained 5309 of title 49, United States Code; and
munity, component band, or component res- in the National Transit Database such that— (ii) $250,000,000 shall be for grants adminis-
ervation, individually identified (including (i) each urbanized area shall receive an ap- tered under subsection (h) of section 5309 of
parenthetically) in the list published most portionment of an amount that, when com- title 49, United States Code.
recently as of the date of enactment of this bined with amounts that were otherwise (B) FUNDING DISTRIBUTION.—
paragraph pursuant to section 104 of the Fed- made available to such urbanized area for (i) IN GENERAL.—Of the amounts made
erally Recognized Indian Tribe List Act of similar activities to prevent, prepare for, and available in subparagraph (A)(i), $1,250,000,000
1994 (25 U.S.C. 5131).’’. respond to coronavirus, is equal to 132 per- shall be provided to each recipient for all
(i) RULE OF APPLICATION.—The amend- cent of the urbanized area’s 2018 operating projects with existing full funding grant
ments made by this section shall apply with costs; and agreements that received allocations for fis-
respect to funds appropriated under this sec- (ii) for funds remaining after the appor- cal year 2019 or 2020, except that recipients
tion and funds appropriated on and after the tionment described in clause (i), such funds with projects open for revenue service are
date of enactment of this section. shall be apportioned such that— not eligible to receive a grant under this sub-
Subtitle D—Public Transportation (I) each urbanized area that did not receive paragraph. Funds shall be provided propor-
SEC. 3401. FEDERAL TRANSIT ADMINISTRATION an apportionment under clause (i) shall re- tionally based on the non-capital investment
GRANTS. ceive an apportionment equal to 25 percent grant share of the amount allocated.
(a) FEDERAL TRANSIT ADMINISTRATION AP- of the urbanized area’s 2018 operating costs; (ii) ALLOCATION.—Of the amounts made
PROPRIATION.— and available in subparagraph (A)(i), $175,000,000
(1) IN GENERAL.—In addition to amounts (II) each urbanized area under clause (i), shall be provided to each recipient for all
otherwise made available, there are appro- when the amounts that were otherwise made projects with existing full funding grant
priated for fiscal year 2021, out of any funds available, prior to clause (i) to that urban- agreements that received an allocation only
in the Treasury not otherwise appropriated, ized area for similar activities to prevent, prior to fiscal year 2019, except that projects
$30,461,355,534, to remain available until Sep- prepare for, and respond to coronavirus are open for revenue service are not eligible to
tember 30, 2024, that shall— equal to or greater than 130 percent of the receive a grant under this subparagraph and
(A) be for grants to eligible recipients urbanized area’s 2018 operating costs but do no project may receive more than 40 percent
under sections 5307, 5309, 5310, and 5311 of not exceed 132 percent of such costs, such ur- of the amounts provided under this clause.
title 49, United States Code, to prevent, pre- banized area shall receive an apportionment The Administrator of the Federal Transit
pare for, and respond to coronavirus; and equal to 10 percent of the urbanized area’s Administration shall proportionally dis-
(B) not be subject to any prior restriction 2018 operating costs, in addition to amounts tribute funds in excess of such percent to re-
on the total amount of funds available for apportioned to the urbanized area under cipients for which the percent of funds does
SSpencer on DSK126QN23PROD with SENATE
implementation or execution of programs clause (i). not exceed 40 percent. Funds shall be pro-
authorized under sections 5307, 5310, or 5311 (2) FORMULA GRANTS FOR THE ENHANCED MO- vided proportionally based on the non-cap-
of such title. BILITY OF SENIORS AND INDIVIDUALS WITH DIS- ital investment grant share of the amount
(2) AVAILABILITY OF FUNDS FOR OPERATING ABILITIES.— allocated.
EXPENSES.— (A) IN GENERAL.—Of the amounts made (iii) ELIGIBLE RECIPIENTS.—For amounts
(A) IN GENERAL.—Notwithstanding sub- available under subsection (a), $50,000,000 made available in subparagraph (A)(ii), eligi-
section (a)(1) or (b) of section 5307 and sec- shall be for grants to recipients or subrecipi- ble recipients shall be any recipient of an al-
tion 5310(b)(2)(A) of title 49, United States ents eligible under section 5310 of title 49, location under subsection (h) of section 5309
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
S1072 CONGRESSIONAL RECORD — SENATE March 4, 2021
of title 49, United States Code, or an appli- United States Code, unless the recipient pro- (4) is experiencing symptoms of COVID–19
cant in the project development phase de- vides to the Administrator— and seeking a medical diagnosis;
scribed in paragraph (2) of such subsection. (I) estimates of financial need; (5) is caring for a son or daughter of such
(iv) AMOUNT.—Amounts distributed under (II) data on reductions in farebox or other employee if the school or place of care of the
clauses (i), (ii), and (iii) of subparagraph (A) sources of local revenue for sustained oper- son or daughter has been closed, if the school
shall be provided notwithstanding the limi- ations; of such son or daughter requires or makes
tation of any calculation of the maximum (III) a spending plan for such funds; and optional a virtual learning instruction model
amount of Federal financial assistance for (IV) demonstration of expenditure of great- or requires or makes optional a hybrid of in-
the project under subsection (k)(2)(C)(ii) or er than 90 percent of funds available to the person and virtual learning instruction mod-
(h)(7) of section 5309 of title 49, United States applicant from funds made available for els, or the child care provider of such son or
Code. similar activities in fiscal year 2020. daughter is unavailable, due to COVID–19
(5) SECTION 5311(F) SERVICES.— (ii) DEADLINES.—The Administrator of the precautions;
(A) IN GENERAL.—Of the amounts made Federal Transit Administration shall— (6) is experiencing any other substantially
available under subsection (a) and in addi- (I) not later than 180 days after the date of similar condition;
tion to the amounts made available under enactment of this Act, issue a Notice of (7) is caring for a family member with a
paragraph (3), $100,000,000 shall be available Funding Opportunity for assistance under mental or physical disability or who is 55
for grants to recipients for bus operators this paragraph; and years of age or older and incapable of self-
that partner with recipients or subrecipients (II) not later than 120 days after the appli- care, without regard to whether another in-
of funds under section 5311(f) of title 49, cation deadline established in the Notice of dividual other than the employee is avail-
United States Code. Funding Opportunity under subclause (I), able to care for such family member, if the
(B) ALLOCATION RATIO.—Notwithstanding make awards under this paragraph to se- place of care for such family member is
paragraph (3), the Administrator of the Fed- lected applicants. closed or the direct care provider is unavail-
eral Transit Administration shall allocate (iii) EVALUATION.— able due to COVID–19; or
amounts under subparagraph (A) in the same (I) IN GENERAL.—Applications for assist- (8) is obtaining immunization related to
ratio as funds were provided under section ance under this paragraph shall be evaluated COVID–19 or is recovering from any injury,
5311 of title 49, United States Code, for fiscal by the Administrator of the Federal Transit disability, illness, or condition related to
year 2020. Administration based on the level of finan- such immunization.
(C) EXCEPTION.—If a State or territory does cial need demonstrated by an eligible recipi- (c) LIMITATIONS.—
not have bus providers eligible under section ent or subrecipient, including projections of (1) PERIOD OF AVAILABILITY.—Paid leave
5311(f) of title 49, United States Code, funds future financial need to maintain service as under this section may only be provided to
under this paragraph may be used by such a percentage of the 2018 operating costs that and used by an employee during the period
State or territory for any expense eligible has not been replaced by the funds made beginning on the date of enactment of this
under section 5311 of title 49, United States available to the eligible recipient or sub- Act and ending on September 30, 2021.
Code. recipient under paragraphs (1) through (5) of (2) TOTAL HOURS; AMOUNT.—Paid leave
(6) PLANNING.— this subsection when combined with the under this section—
(A) IN GENERAL.—Of the amounts made amounts allocated to such eligible recipient (A) shall be provided to an employee in an
available under subsection (a), $25,000,000
or subrecipient from funds previously made amount not to exceed 600 hours of paid leave
shall be for grants to recipients eligible
available for the operating expenses of tran- for each full-time employee, and in the case
under section 5307 of title 49, United States
sit agencies related to the response to the of a part-time employee, employee on an un-
Code, for the planning of public transpor-
COVID–19 public health emergency. common tour of duty, or employee with a
tation associated with the restoration of
(II) RESTRICTION.—Amounts made available seasonal work schedule, in an amount not to
services as the coronavirus public health
under this paragraph shall only be available exceed the proportional equivalent of 600
emergency concludes and shall be available
for operating expenses. hours to the extent amounts in the Fund re-
in accordance with such section.
(iv) STATE APPLICANTS.—A State may main available for reimbursement;
(B) AVAILABILITY OF FUNDS FOR ROUTE
PLANNING.—Amounts made available under
apply for assistance under this paragraph on (B) shall be paid at the same hourly rate as
subparagraph (A) shall be available for route behalf of an eligible recipient or subrecipient other leave payments; and
planning designed to— or a group of eligible recipients or subrecipi- (C) may not be provided to an employee if
(i) increase ridership and reduce travel ents. the leave would result in payments greater
times, while maintaining or expanding the (D) UNOBLIGATED FUNDS.—If amounts made than $2,800 in aggregate for any biweekly pay
total level of vehicle revenue miles of service available under this paragraph remain unob- period for a full-time employee, or a propor-
provided in the planning period; or ligated on September 30, 2023, such amounts tionally equivalent biweekly limit for a
(ii) make service adjustments to increase shall be available for any purpose eligible part-time employee.
the quality or frequency of service provided under sections 5307 or 5311 of title 49, United (3) RELATIONSHIP TO OTHER LEAVE.—Paid
to low-income riders and disadvantaged States Code. leave under this section—
neighborhoods or communities. TITLE IV—COMMITTEE ON HOMELAND (A) is in addition to any other leave pro-
(C) LIMITATION.—Amounts made available SECURITY AND GOVERNMENTAL AFFAIRS vided to an employee; and
under subparagraph (A) shall not be used for SEC. 4001. EMERGENCY FEDERAL EMPLOYEE (B) may not be used by an employee con-
route planning related to transitioning pub- LEAVE FUND. currently with any other paid leave.
lic transportation service provided as of the (a) ESTABLISHMENT; APPROPRIATION.—There (4) CALCULATION OF RETIREMENT BENEFIT.—
date of receipt of funds to a transportation is established in the Treasury the Emer- Any paid leave provided to an employee
network company or other third-party con- gency Federal Employee Leave Fund (in this under this section shall reduce the total
tract provider, unless the existing provider section referred to as the ‘‘Fund’’), to be ad- service used to calculate any Federal civil-
of public transportation service is a third- ministered by the Director of the Office of ian retirement benefit.
party contract provider. Personnel Management, for the purposes set (d) EMPLOYEE DEFINED.—In this section,
(7) RECIPIENTS AND SUBRECIPIENTS REQUIR- forth in subsection (b). In addition to the term ‘‘employee’’ means—
ING ADDITIONAL ASSISTANCE.— amounts otherwise available, there is appro- (1) an individual in the executive branch
(A) IN GENERAL.—Of the amounts made priated for fiscal year 2021, out of any money for whom annual and sick leave is provided
available under subsection (a), $2,207,561,294 in the Treasury not otherwise appropriated, under subchapter I of chapter 63 of title 5,
shall be for grants to eligible recipients or $570,000,000, which shall be deposited into the United States Code;
subrecipients of funds under sections 5307 or Fund and remain available through Sep- (2) an individual employed by the United
5311 of title 49, United States Code, that, as tember 30, 2022. The Fund is available for States Postal Service;
a result of COVID–19, require additional as- reasonable expenses incurred by the Office of (3) an individual employed by the Postal
sistance for costs related to operations, per- Personnel Management in administering this Regulatory Commission; and
sonnel, cleaning, and sanitization combating section. (4) an employee of the Public Defender
the spread of pathogens on transit systems, (b) PURPOSE.—Amounts in the Fund shall Service for the District of Columbia and the
and debt service payments incurred to main- be available for reimbursement to an agency District of Columbia Courts.
tain operations and avoid layoffs and fur- for the use of paid leave under this section SEC. 4002. FUNDING FOR THE GOVERNMENT AC-
loughs. by any employee of the agency who is unable COUNTABILITY OFFICE.
(B) ADMINISTRATION.—Funds made avail- to work because the employee— In addition to amounts otherwise avail-
SSpencer on DSK126QN23PROD with SENATE
able under subparagraph (A) shall, after allo- (1) is subject to a Federal, State, or local able, there is appropriated for fiscal year
cation, be administered as if provided under quarantine or isolation order related to 2021, out of any money in the Treasury not
paragraph (1) or (3), as applicable. COVID–19; otherwise appropriated, $77,000,000, to remain
(C) APPLICATION REQUIREMENTS.— (2) has been advised by a health care pro- available until September 30, 2025, for nec-
(i) IN GENERAL.—The Administrator of the vider to self-quarantine due to concerns re- essary expenses of the Government Account-
Federal Transit Administration may not al- lated to COVID–19; ability Office to prevent, prepare for, and re-
locate funds to an eligible recipient or sub- (3) is caring for an individual who is sub- spond to Coronavirus and to support over-
recipient of funds under chapter 53 of title 49, ject to such an order or has been so advised; sight of the Coronavirus response and of
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1073
funds provided in this Act or any other Act 2021, out of any money in the Treasury not profit organization employs not more than
pertaining to the Coronavirus pandemic. otherwise appropriated, $200,000,000, to re- 500 employees per physical location of the or-
SEC. 4003. PANDEMIC RESPONSE ACCOUNT- main available until September 30, 2024, for ganization; and
ABILITY COMMITTEE FUNDING the United States Digital Service. ‘‘(bb) an additional covered nonprofit enti-
AVAILABILITY. SEC. 4011. APPROPRIATION FOR THE TECH- ty and an organization that, but for sub-
In addition to amounts otherwise avail- NOLOGY MODERNIZATION FUND. clauses (I)(dd) and (II)(dd) of clause (vii),
able, there is appropriated for fiscal year In addition to amounts otherwise appro- would be eligible for a covered loan under
2021, out of any money in the Treasury not priated, there is appropriated to the General clause (vii) shall be eligible to receive a cov-
otherwise appropriated, $40,000,000, to remain Services Administration for fiscal year 2021, ered loan if the entity or organization em-
available until September 30, 2025, for the out of any money in the Treasury not other- ploys not more than 300 employees per phys-
Pandemic Response Accountability Com- wise appropriated, $1,000,000,000, to remain ical location of the entity or organization.’’;
mittee to support oversight of the available until September 30, 2025, to carry and
Coronavirus response and of funds provided out the purposes of the Technology Mod- (ii) by adding at the end the following:
in this Act or any other Act pertaining to ernization Fund. ‘‘(ix) ELIGIBILITY OF ADDITIONAL COVERED
the Coronavirus pandemic. SEC. 4012. APPROPRIATION FOR THE FEDERAL NONPROFIT ENTITIES.—An additional covered
SEC. 4004. FUNDING FOR THE WHITE HOUSE. CITIZEN SERVICES FUND. nonprofit entity shall be eligible to receive a
In addition to amounts otherwise avail- In addition to amounts otherwise avail- covered loan if—
able, there is appropriated for fiscal year able, there is appropriated to the General ‘‘(I) the additional covered nonprofit entity
2021, out of any money in the Treasury not Services Administration for fiscal year 2021, does not receive more than 15 percent of its
otherwise appropriated, $12,800,000, to remain out of any money in the Treasury not other- receipts from lobbying activities;
available until September 30, 2021, for nec- wise appropriated, $150,000,000, to remain ‘‘(II) the lobbying activities of the addi-
essary expenses for the White House, to pre- available until September 30, 2024, to carry tional covered nonprofit entity do not com-
vent, prepare for, and respond to out the purposes of the Federal Citizen Serv- prise more than 15 percent of the total ac-
coronavirus. ices Fund. tivities of the organization;
SEC. 4005. FEDERAL EMERGENCY MANAGEMENT SEC. 4013. AFG AND SAFER PROGRAM FUNDING. ‘‘(III) the cost of the lobbying activities of
AGENCY APPROPRIATION. the additional covered nonprofit entity did
In addition to amounts otherwise made
In addition to amounts otherwise avail- not exceed $1,000,000 during the most recent
available, there is appropriated to the Fed-
able, there is appropriated to the Federal tax year of the additional covered nonprofit
eral Emergency Management Agency for fis-
Emergency Management Agency for fiscal entity that ended prior to February 15, 2020;
cal year 2021, out of any money in the Treas-
year 2021, out of any money in the Treasury and
ury not otherwise appropriated, $300,000,000,
not otherwise appropriated, $50,000,000,000, to ‘‘(IV) the additional covered nonprofit en-
to remain available until September 30, 2025,
remain available until September 30, 2025, to tity employs not more than 300 employees.’’.
of which $100,000,000 shall be for assistance to
carry out the purposes of the Disaster Relief (2) ELIGIBILITY FOR SECOND DRAW LOANS.—
firefighter grants and $200,000,000 shall be for
Fund for costs associated with major dis- Paragraph (37)(A)(i) of section 7(a) of the
staffing for adequate fire and emergency re-
aster declarations. Small Business Act (15 U.S.C. 636(a)), as
sponse grants.
SEC. 4006. FUNERAL ASSISTANCE. added by the Economic Aid to Hard-Hit
SEC. 4014. EMERGENCY MANAGEMENT PERFORM-
(a) IN GENERAL.—For the emergency dec- ANCE GRANT FUNDING. Small Businesses, Nonprofits, and Venues
laration issued by the President on March 13, Act (title III of division N of Public Law 116–
In addition to amounts otherwise made
2020, pursuant to section 501(b) of the Robert 260), is amended by inserting ‘‘ ‘additional
available, there is appropriated to the Fed-
T. Stafford Disaster Relief and Emergency covered nonprofit entity’,’’ after ‘‘the
eral Emergency Management Agency for fis-
Assistance Act (42 U.S.C. 5191(b)), and for any terms’’.
cal year 2021, out of any money in the Treas- (b) ELIGIBILITY OF INTERNET PUBLISHING
subsequent major disaster declaration that
ury not otherwise appropriated, $100,000,000, ORGANIZATIONS FOR COVERED LOANS UNDER
supersedes such emergency declaration, the
to remain available until September 30, 2025, THE PAYCHECK PROTECTION PROGRAM.—
President shall provide financial assistance
for emergency management performance (1) IN GENERAL.—Section 7(a)(36)(D) of the
to an individual or household to meet dis-
grants. Small Business Act (15 U.S.C. 636(a)(36)(D)),
aster-related funeral expenses under section
408(e)(1) of the Robert T. Stafford Disaster TITLE V—COMMITTEE ON SMALL as amended by subsection (a), is further
Relief and Emergency Assistance Act (42 BUSINESS AND ENTREPRENEURSHIP amended—
U.S.C. 5174(e)(1)), for which the Federal cost SEC. 5001. MODIFICATIONS TO PAYCHECK PRO- (A) in clause (iii), by adding at the end the
share shall be 100 percent. TECTION PROGRAM. following:
(b) USE OF FUNDS.—Funds appropriated (a) ELIGIBILITY OF CERTAIN NONPROFIT EN- ‘‘(IV) ELIGIBILITY OF INTERNET PUBLISHING
under section 4005 may be used to carry out TITIES FOR COVERED LOANS UNDER THE PAY- ORGANIZATIONS.—A business concern or other
subsection (a) of this section. CHECK PROTECTION PROGRAM.— organization that was not eligible to receive
SEC. 4007. EMERGENCY FOOD AND SHELTER PRO- (1) IN GENERAL.—Section 7(a)(36) of the a covered loan the day before the date of en-
GRAM FUNDING. Small Business Act (15 U.S.C. 636(a)(36)), as actment of this subclause, is assigned a
In addition to amounts otherwise made amended by the Economic Aid to Hard-Hit North American Industry Classification Sys-
available, there is appropriated to the Fed- Small Businesses, Nonprofits, and Venues tem code of 519130, certifies in good faith as
eral Emergency Management Agency for fis- Act (title III of division N of Public Law 116– an Internet-only news publisher or Internet-
cal year 2021, out of any money in the Treas- 260), is amended— only periodical publisher, and is engaged in
ury not otherwise appropriated, $400,000,000, (A) in subparagraph (A)— the collection and distribution of local or re-
to remain available until September 30, 2025, (i) in clause (xv), by striking ‘‘and’’ at the gional and national news and information
for the emergency food and shelter program. end; shall be eligible to receive a covered loan for
SEC. 4008. HUMANITARIAN RELIEF. (ii) in clause (xvi), by striking the period the continued provision of news, informa-
In addition to amounts otherwise made at the end and inserting ‘‘; and’’; and tion, content, or emergency information if—
available, there is appropriated to the Fed- (iii) by adding at the end the following: ‘‘(aa) the business concern or organization
eral Emergency Management Agency for fis- ‘‘(xvii) the term ‘additional covered non- employs not more than 500 employees, or the
cal year 2021, out of any money in the Treas- profit entity’— size standard established by the Adminis-
ury not otherwise appropriated, $110,000,000, ‘‘(I) means an organization described in trator for that North American Industry
to remain available until September 30, 2025, any paragraph of section 501(c) of the Inter- Classification code, per physical location of
for the emergency food and shelter program nal Revenue Code of 1986, other than para- the business concern or organization; and
for the purposes of providing humanitarian graph (3), (4), (6), or (19), and exempt from ‘‘(bb) the business concern or organization
relief to families and individuals encoun- tax under section 501(a) of such Code; and makes a good faith certification that pro-
tered by the Department of Homeland Secu- ‘‘(II) does not include any entity that, if ceeds of the loan will be used to support ex-
rity. the entity were a business concern, would be penses at the component of the business con-
SEC. 4009. CYBERSECURITY AND INFRASTRUC- described in section 120.110 of title 13, Code of cern or organization that supports local or
TURE SECURITY AGENCY. Federal Regulations (or in any successor reg- regional news.’’;
In addition to amounts otherwise made ulation or other related guidance or rule (B) in clause (iv)—
available, there is appropriated for fiscal that may be issued by the Administrator) (i) in subclause (III), by striking ‘‘and’’ at
year 2021, out of any money in the Treasury other than a business concern described in the end;
not otherwise appropriated, $650,000,000, to paragraph (a) or (k) of such section.’’; and (ii) in subclause (IV)(bb), by striking the
SSpencer on DSK126QN23PROD with SENATE
remain available until September 30, 2023, for (B) in subparagraph (D)— period at the end and inserting ‘‘; and’’; and
the Cybersecurity and Infrastructure Secu- (i) in clause (iii), by adding at the end the (iii) by adding at the end the following:
rity Agency for cybersecurity risk mitiga- following: ‘‘(V) any business concern or other organi-
tion. ‘‘(III) ELIGIBILITY OF CERTAIN ORGANIZA- zation that was not eligible to receive a cov-
SEC. 4010. APPROPRIATION FOR THE UNITED TIONS.—Subject to the provisions in this sub- ered loan the day before the date of enact-
STATES DIGITAL SERVICE. paragraph, during the covered period— ment of this subclause, is assigned a North
In addition to amounts otherwise avail- ‘‘(aa) a nonprofit organization shall be eli- American Industry Classification System
able, there is appropriated for fiscal year gible to receive a covered loan if the non- code of 519130, certifies in good faith as an
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
S1074 CONGRESSIONAL RECORD — SENATE March 4, 2021
Internet-only news publisher or Internet- priated to the Administrator of the Small (II) as of March 13, 2020, owns or operates
only periodical publisher, and is engaged in Business Administration for fiscal year 2021, (together with any affiliated business) more
the collection and distribution of local or re- out of any money in the Treasury not other- than 20 locations, regardless of whether
gional and national news and information, if wise appropriated, $7,250,000,000, to remain those locations do business under the same
the business concern or organization— available until expended, for carrying out or multiple names; or
‘‘(aa) employs not more than 500 employ- this section. (III) has a pending application for or has
ees, or the size standard established by the SEC. 5002. TARGETED EIDL ADVANCE. received a grant under section 324 of the Eco-
Administrator for that North American In- (a) DEFINITIONS.—In this section— nomic Aid to Hard-Hit Small Businesses,
dustry Classification code, per physical loca- (1) the term ‘‘Administrator’’ means the Nonprofits, and Venues Act (title III of divi-
tion of the business concern or organization; Administrator of the Small Business Admin- sion N of Public Law 116–260); or
and istration; and (ii) a publicly-traded company.
‘‘(bb) is majority owned or controlled by a (2) the terms ‘‘covered entity’’ and ‘‘eco- (5) EXCHANGE; ISSUER; SECURITY.—The
business concern or organization that is as- nomic loss’’ have the meanings given the terms ‘‘exchange’’, ‘‘issuer’’, and ‘‘security’’
signed a North American Industry Classifica- terms in section 331(a) of the Economic Aid have the meanings given those terms in sec-
tion System code of 519130.’’; to Hard-Hit Small Businesses, Nonprofits, tion 3(a) of the Securities Exchange Act of
(C) in clause (v), by striking ‘‘clause and Venues Act (title III of division N of 1934 (15 U.S.C. 78c(a)).
(iii)(II), (iv)(IV), or (vii)’’ and inserting ‘‘sub- Public Law 116–260). (6) FUND.—The term ‘‘Fund’’ means the
clause (II), (III), or (IV) of clause (iii), sub- (b) APPROPRIATIONS.—In addition to Restaurant Revitalization Fund established
clause (IV) or (V) of clause (iv), clause (vii), amounts otherwise available, there is appro- under subsection (b).
or clause (ix)’’; and priated to the Administrator for fiscal year (7) PANDEMIC-RELATED REVENUE LOSS.—The
(D) in clause (viii)(II)— 2021, out of any money in the Treasury not term ‘‘pandemic-related revenue loss’’
(i) by striking ‘‘business concern made eli- otherwise appropriated, $15,000,000,000— means, with respect to an eligible entity—
gible by clause (iii)(II) or clause (iv)(IV) of (1) to remain available until expended; and (A) except as provided in subparagraphs
this subparagraph’’ and inserting ‘‘business (2) of which, the Administrator shall use— (B), (C), and (D), the gross receipts, as estab-
concern made eligible by subclause (II) or (A) $10,000,000,000 to make payments to lished using such verification documentation
(IV) of clause (iii) or subclause (IV) or (V) of covered entities that have not received the as the Administrator may require, of the eli-
clause (iv) of this subparagraph’’; and full amounts to which the covered entities gible entity during 2020 subtracted from the
(ii) by inserting ‘‘or organization’’ after are entitled under section 331 of the Eco- gross receipts of the eligible entity in 2019, if
‘‘business concern’’ each place it appears. nomic Aid to Hard-Hit Small Businesses, such sum is greater than zero;
(2) ELIGIBILITY FOR SECOND DRAW LOANS.— Nonprofits, and Venues Act (title III of divi- (B) if the eligible entity was not in oper-
Section 7(a)(37)(A)(iv)(II) of the Small Busi- sion N of Public Law 116–260); and ation for the entirety of 2019—
ness Act, as amended by the Economic Aid (B) $5,000,000,000 to make payments under (i) the difference between—
to Hard-Hit Small Businesses, Nonprofits, section 1110(e) of the CARES Act (15 U.S.C. (I) the product obtained by multiplying the
and Venues Act (title III of division N of 9009(e)), each of which shall be— average monthly gross receipts of the eligi-
Public Law 116–260), is amended by striking (i) made to a covered entity that— ble entity in 2019 by 12; and
‘‘clause (iii)(II), (iv)(IV), or (vii)’’ and insert- (I) has suffered an economic loss of greater (II) the product obtained by multiplying
ing ‘‘subclause (II), (III), or (IV) of clause than 50 percent; and the average monthly gross receipts of the el-
(iii), subclause (IV) or (V) of clause (iv), (II) employs not more than 10 employees; igible entity in 2020 by 12; or
clause (vii), or clause (ix)’’. (ii) in an amount that is $5,000; and (ii) an amount based on a formula deter-
(c) COORDINATION WITH CONTINUATION COV- (iii) with respect to the covered entity to mined by the Administrator;
ERAGE PREMIUM ASSISTANCE.— which the payment is made, in addition to (C) if the eligible entity opened during the
(1) PAYCHECK PROTECTION PROGRAM.—Sec- any payment made to the covered entity period beginning on January 1, 2020, and end-
tion 7A(a)(12) of the Small Business Act (as under section 1110(e) of the CARES Act (15 ing on the day before the date of enactment
redesignated, transferred, and amended by U.S.C. 9009(e)) or section 331 of the Economic of this section—
section 304(b) of the Economic Aid to Hard- Aid to Hard-Hit Small Businesses, Non- (i) the expenses described in subsection
Hit Small Businesses, Nonprofits, and profits, and Venues Act (title III of division (c)(5)(A) that were incurred by the eligible
Venues Act (Public Law 116–260)) is amend- N of Public Law 116–260). entity minus any gross receipts received; or
ed— SEC. 5003. SUPPORT FOR RESTAURANTS. (ii) an amount based on a formula deter-
(A) by striking ‘‘CARES Act or’’ and in- (a) DEFINITIONS.—In this section: mined by the Administrator; or
serting ‘‘CARES Act,’’; and (1) ADMINISTRATOR.—The term ‘‘Adminis- (D) if the eligible entity has not yet opened
(B) by inserting before the period at the trator’’ means the Administrator of the as of the date of application for a grant
end the following: ‘‘, or premiums taken into Small Business Administration. under subsection (c), but has incurred ex-
account in determining the credit allowed (2) AFFILIATED BUSINESS.—The term ‘‘affili- penses described in subsection (c)(5)(A) as of
under section 6432 of the Internal Revenue ated business’’ means a business in which an the date of enactment of this section—
Code of 1986’’. eligible entity has an equity or right to prof- (i) the amount of those expenses; or
(2) PAYCHECK PROTECTION PROGRAM SECOND it distributions of not less than 50 percent, or (ii) an amount based on a formula deter-
DRAW.—Section 7(a)(37)(J)(iii)(I) of the Small in which an eligible entity has the contrac- mined by the Administrator.
Business Act, as amended by the Economic tual authority to control the direction of the For purposes of this paragraph, the pan-
Aid to Hard-Hit Small Businesses, Non- business, provided that such affiliation shall demic-related revenue losses for an eligible
profits, and Venues Act (title III of division be determined as of any arrangements or entity shall be reduced by any amounts re-
N of Public Law 116–260), is amended— agreements in existence as of March 13, 2020. ceived from a covered loan made under para-
(A) by striking ‘‘or’’ at the end of item (3) COVERED PERIOD.—The term ‘‘covered graph (36) or (37) of section 7(a) of the Small
(aa); period’’ means the period— Business Act (15 U.S.C. 636(a)) in 2020 or 2021.
(B) by striking the period at the end of (A) beginning on February 15, 2020; and (8) PAYROLL COSTS.—The term ‘‘payroll
item (bb) and inserting ‘‘; or’’; and (B) ending on December 31, 2021, or a date costs’’ has the meaning given the term in
(C) by adding at the end the following new to be determined by the Administrator that section 7(a)(36)(A) of the Small Business Act
item: is not later than 2 years after the date of en- (15 U.S.C. 636(a)(36)(A)), except that such
‘‘(cc) premiums taken into account in de- actment of this section. term shall not include—
termining the credit allowed under section (4) ELIGIBLE ENTITY.—The term ‘‘eligible (A) qualified wages (as defined in sub-
6432 of the Internal Revenue Code of 1986.’’. entity’’— section (c)(3) of section 2301 of the CARES
(3) APPLICABILITY.—The amendments made (A) means a restaurant, food stand, food Act) taken into account in determining the
by this subsection shall apply only with re- truck, food cart, caterer, saloon, inn, tavern, credit allowed under such section 2301; or
spect to applications for forgiveness of cov- bar, lounge, brewpub, tasting room, taproom, (B) premiums taken into account in deter-
ered loans made under paragraphs (36) or (37) licensed facility or premise of a beverage al- mining the credit allowed under section 6432
of section 7(a) of the Small Business Act, as cohol producer where the public may taste, of the Internal Revenue Code of 1986.
amended by the Economic Aid to Hard-Hit sample, or purchase products, or other simi- (9) PUBLICLY-TRADED COMPANY.—The term
Small Businesses, Nonprofits, and Venues lar place of business in which the public or ‘‘publicly-traded company’’ means an entity
Act (title III of division N of Public Law 116– patrons assemble for the primary purpose of that is majority owned or controlled by an
260), that are received on or after the date of being served food or drink; entity that is an issuer, the securities of
(B) includes an entity described in subpara- which are listed on a national securities ex-
SSpencer on DSK126QN23PROD with SENATE
the enactment of this Act.
(d) COMMITMENT AUTHORITY AND APPRO- graph (A) that is located in an airport ter- change under section 6 of the Securities Ex-
PRIATIONS.— minal or that is a Tribally-owned concern; change Act of 1934 (15 U.S.C. 78f).
(1) COMMITMENT AUTHORITY.—Section and (10) TRIBALLY-OWNED CONCERN.—The term
1102(b)(1) of the CARES Act (Public Law 116– (C) does not include— ‘‘Tribally-owned concern’’ has the meaning
136) is amended by striking ‘‘$806,450,000,000’’ (i) an entity described in subparagraph (A) given the term in section 124.3 of title 13,
and inserting ‘‘$813,700,000,000’’. that— Code of Federal Regulations, or any suc-
(2) DIRECT APPROPRIATIONS.—In addition to (I) is a State or local government-operated cessor regulation.
amounts otherwise available, there is appro- business; (b) RESTAURANT REVITALIZATION FUND.—
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1075
(1) IN GENERAL.—There is established in the under this section after the end of such 21- programs of the Small Business Administra-
Treasury of the United States a fund to be day period. tion.
known as the Restaurant Revitalization (B) CERTIFICATION.—For purposes of estab- (4) COMMUNITY NAVIGATOR.—The term
Fund. lishing priority under subparagraph (A), an ‘‘community navigator’’ means a community
(2) APPROPRIATIONS.— applicant shall submit a self-certification of organization, community financial institu-
(A) IN GENERAL.—In addition to amounts eligibility for priority with the grant appli- tion as defined in section 7(a)(36)(A) of the
otherwise available, there is appropriated to cation. Small Business Act (15 U.S.C. 636(a)(36)(A)),
the Restaurant Revitalization Fund for fis- (4) GRANT AMOUNT.— or other private nonprofit organization en-
cal year 2021, out of any money in the Treas- (A) AGGREGATE MAXIMUM AMOUNT.—The ag- gaged in the delivery of community navi-
ury not otherwise appropriated, gregate amount of grants made to an eligible gator services.
$25,000,000,000, to remain available until ex- entity and any affiliated businesses of the el- (5) ELIGIBLE BUSINESS.—The term ‘‘eligible
pended. igible entity under this subsection— business’’ means any small business concern,
(B) DISTRIBUTION.— (i) shall not exceed $10,000,000; and with priority for small business concerns
(i) IN GENERAL.—Of the amounts made (ii) shall be limited to $5,000,000 per phys- owned and controlled by women (as defined
available under subparagraph (A)— ical location of the eligible entity. in section 3(n) of the Small Business Act (15
(I) $5,000,000,000 shall be available to eligi- (B) DETERMINATION OF GRANT AMOUNT.— U.S.C. 632(n))), small business concerns
ble entities with gross receipts during 2019 of (i) IN GENERAL.—Except as provided in this owned and controlled by veterans (as defined
not more than $500,000; and paragraph, the amount of a grant made to an in section 3(q) of such Act (15 U.S.C. 632(q))),
(II) $20,000,000,000 shall be available to the eligible entity under this subsection shall be and socially and economically disadvantaged
Administrator to award grants under sub- equal to the pandemic-related revenue loss small business concerns (as defined in sec-
section (c) in an equitable manner to eligible of the eligible entity. tion 8(a)(4)(A) of the Small Business Act (15
entities of different sizes based on annual (ii) RETURN TO TREASURY.—Any amount of U.S.C. 637(a)(4)(A))).
gross receipts. a grant made under this subsection to an eli- (6) PRIVATE NONPROFIT ORGANIZATION.—The
(ii) ADJUSTMENTS.—The Administrator gible entity based on estimated receipts that term ‘‘private nonprofit organization’’
may make adjustments as necessary to the is greater than the actual gross receipts of means an entity that is described in section
distribution of funds under clause (i)(II) the eligible entity in 2020 shall be returned 501(c) of the Internal Revenue Code of 1986
based on demand and the relative local costs to the Treasury. and exempt from tax under section 501(a) of
in the markets in which eligible entities op- (5) USE OF FUNDS.—During the covered pe- such Code.
erate. riod, an eligible entity that receives a grant (7) RESOURCE PARTNER.—The term ‘‘re-
(C) GRANTS AFTER INITIAL PERIOD.—Not- under this subsection may use the grant source partner’’ means—
withstanding subparagraph (B), on and after funds for the following expenses incurred as (A) a small business development center
the date that is 60 days after the date of en- a direct result of, or during, the COVID–19 (as defined in section 3 of the Small Business
actment of this section, or another period of pandemic: Act (15 U.S.C. 632));
time determined by the Administrator, the (A) Payroll costs. (B) a women’s business center (as described
Administrator may make grants using (B) Payments of principal or interest on in section 29 of the Small Business Act (15
U.S.C. 656)); and
amounts appropriated under subparagraph any mortgage obligation (which shall not in-
(C) a chapter of the Service Corps of Re-
(A) to any eligible entity regardless of the clude any prepayment of principal on a
tired Executives (as defined in section
annual gross receipts of the eligible entity. mortgage obligation).
8(b)(1)(B) of the Act (15 U.S.C. 637(b)(1)(B))).
(3) USE OF FUNDS.—The Administrator shall (C) Rent payments, including rent under a
(8) SMALL BUSINESS CONCERN.—The term
use amounts in the Fund to make grants de- lease agreement (which shall not include any
‘‘small business concern’’ has the meaning
scribed in subsection (c). prepayment of rent).
given under section 3 of the Small Business
(c) RESTAURANT REVITALIZATION GRANTS.— (D) Utilities.
Act (15 U.S.C. 632).
(1) IN GENERAL.—Except as provided in sub- (E) Maintenance expenses, including—
(9) STATE.—The term ‘‘State’’ means a
section (b) and paragraph (3), the Adminis- (i) construction to accommodate outdoor
State of the United States, the District of
trator shall award grants to eligible entities seating; and
Columbia, the Commonwealth of Puerto
in the order in which applications are re- (ii) walls, floors, deck surfaces, furniture,
Rico, the Virgin Islands, American Samoa,
ceived by the Administrator. fixtures, and equipment.
the Commonwealth of the Northern Mariana
(2) APPLICATION.— (F) Supplies, including protective equip-
Islands, and Guam, or an agency, instrumen-
(A) CERTIFICATION.—An eligible entity ap- ment and cleaning materials.
tality, or fiscal agent thereof.
plying for a grant under this subsection shall (G) Food and beverage expenses that are
(10) UNIT OF GENERAL LOCAL GOVERNMENT.—
make a good faith certification that— within the scope of the normal business prac-
The term ‘‘unit of general local government’’
(i) the uncertainty of current economic tice of the eligible entity before the covered
means a county, city, town, village, or other
conditions makes necessary the grant re- period.
general purpose political subdivision of a
quest to support the ongoing operations of (H) Covered supplier costs, as defined in
State.
the eligible entity; and section 7A(a) of the Small Business Act (as (b) COMMUNITY NAVIGATOR PILOT PRO-
(ii) the eligible entity has not applied for redesignated, transferred, and amended by GRAM.—
or received a grant under section 324 of the section 304(b) of the Economic Aid to Hard- (1) IN GENERAL.—The Administrator of the
Economic Aid to Hard-Hit Small Businesses, Hit Small Businesses, Nonprofits, and Small Business Administration shall estab-
Nonprofits, and Venues Act (title III of divi- Venues Act (Public Law 116–260)). lish a Community Navigator pilot program
sion N of Public Law 116–260). (I) Operational expenses. to make grants to, or enter into contracts or
(B) BUSINESS IDENTIFIERS.—In accepting (J) Paid sick leave. cooperative agreements with, private non-
applications for grants under this sub- (K) Any other expenses that the Adminis- profit organizations, resource partners,
section, the Administrator shall prioritize trator determines to be essential to main- States, Tribes, and units of local government
the ability of each applicant to use their ex- taining the eligible entity. to ensure the delivery of free community
isting business identifiers over requiring (6) RETURNING FUNDS.—If an eligible entity navigator services to current or prospective
other forms of registration or identification that receives a grant under this subsection owners of eligible businesses in order to im-
that may not be common to their industry fails to use all grant funds or permanently prove access to assistance programs and re-
and imposing additional burdens on appli- ceases operations on or before the last day of sources made available because of the
cants. the covered period, the eligible entity shall COVID–19 pandemic by Federal, State, Trib-
(3) PRIORITY IN AWARDING GRANTS.— return to the Treasury any funds that the el- al, and local entities.
(A) IN GENERAL.—During the initial 21-day igible entity did not use for the allowable ex- (2) APPROPRIATIONS.—In addition to
period in which the Administrator awards penses under paragraph (5). amounts otherwise available, there is appro-
grants under this subsection, the Adminis- SEC. 5004. COMMUNITY NAVIGATOR PILOT PRO- priated to the Administrator for fiscal year
trator shall prioritize awarding grants to eli- GRAM. 2021, out of any money in the Treasury not
gible entities that are small business con- (a) DEFINITIONS.—In this section: otherwise appropriated, $100,000,000, to re-
cerns owned and controlled by women (as de- (1) ADMINISTRATION.—The term ‘‘Adminis- main available until September 30, 2022, for
fined in section 3(n) of the Small Business tration’’ means the Small Business Adminis- carrying out this subsection.
Act (15 U.S.C. 632(n))), small business con- tration. (c) OUTREACH AND EDUCATION.—
cerns owned and controlled by veterans (as (2) ADMINISTRATOR.—The term ‘‘Adminis- (1) PROMOTION.—The Administrator shall
SSpencer on DSK126QN23PROD with SENATE
defined in section 3(q) of such Act (15 U.S.C. trator’’ means the Administrator of the develop and implement a program to pro-
632(q))), or socially and economically dis- Small Business Administration. mote community navigator services to cur-
advantaged small business concerns (as de- (3) COMMUNITY NAVIGATOR SERVICES.—The rent or prospective owners of eligible busi-
fined in section 8(a)(4)(A) of the Small Busi- term ‘‘community navigator services’’ nesses.
ness Act (15 U.S.C. 637(a)(4)(A))). The Admin- means the outreach, education, and tech- (2) CALL CENTER.—The Administrator shall
istrator may take such steps as necessary to nical assistance provided by community establish a telephone hotline to offer infor-
ensure that eligible entities described in this navigators that target eligible businesses to mation about Federal programs to assist eli-
subparagraph have access to grant funding increase awareness of, and participation in, gible businesses and offer referral services to
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
S1076 CONGRESSIONAL RECORD — SENATE March 4, 2021
resource partners, community navigators, propriated, to remain available until ex- (D) sections 791 through 797 of the Energy
potential lenders, and other persons that the pended— Policy Act of 2005 (42 U.S.C. 16131 through
Administrator determines appropriate for (1) $840,000,000 for administrative expenses, 16137); and
current or prospective owners of eligible including to prevent, prepare for, and re- (2) $50,000,000 shall be for grants and activi-
businesses. spond to the COVID–19 pandemic, domesti- ties authorized under subsections (a) through
(3) OUTREACH.—The Administrator shall— cally or internationally, including adminis- (c) of section 103 of the Clean Air Act (42
(A) conduct outreach and education, in the trative expenses related to paragraphs (36) U.S.C. 7403) and grants and activities author-
10 most commonly spoken languages in the and (37) of section 7(a) of the Small Business ized under section 105 of such Act (42 U.S.C.
United States, to current or prospective Act, section 324 of the Economic Aid to 7405).
owners of eligible businesses on community Hard-Hit Small Businesses, Nonprofits, and (b) ADMINISTRATION OF FUNDS.—
navigator services and other Federal pro- Venues Act (title III of division N of Public (1) Of the funds made available pursuant to
grams to assist eligible businesses; Law 116–260), section 5002 of this title, and subsection (a)(1), the Administrator shall re-
(B) improve the website of the Administra- section 5003 of this title; and serve 2 percent for administrative costs nec-
tion to describe such community navigator (2) $460,000,000 to carry out the disaster essary to carry out activities funded pursu-
services and other Federal programs; and loan program authorized by section 7(b) of ant to such subsection.
(C) implement an education campaign by the Small Business Act (15 U.S.C. 636(b)), of (2) Of the funds made available pursuant to
advertising in media targeted to current or which $70,000,000 shall be for the cost of di- subsection (a)(2), the Administrator shall re-
prospective owners of eligible businesses. rect loans authorized by such section and serve 5 percent for activities funded pursuant
(4) APPROPRIATIONS.—In addition to $390,000,000 shall be for administrative ex- to such subsection other than grants.
amounts otherwise available, there is appro- penses to carry out such program. SEC. 6003. UNITED STATES FISH AND WILDLIFE
priated to the Administrator for fiscal year (b) INSPECTOR GENERAL.—In addition to SERVICE.
2021, out of any money in the Treasury not amounts otherwise available, there is appro- (a) INSPECTION, INTERDICTION, AND RE-
otherwise appropriated, $75,000,000, to remain priated to the Inspector General of the Small SEARCH RELATED TO CERTAIN SPECIES AND
available until September 30, 2022, for car- Business Administration for fiscal year 2021, COVID–19.—In addition to amounts other-
rying out this subsection. out of any money in the Treasury not other- wise made available, there is appropriated
(d) SUNSET.—The authority of the Adminis- wise appropriated, $25,000,000, to remain for fiscal year 2021, out of any money in the
trator to make grants under this section available until expended, for necessary ex- Treasury not otherwise appropriated,
shall terminate on December 31, 2025. penses of the Office of Inspector General. $95,000,000 to remain available until ex-
SEC. 5005. SHUTTERED VENUE OPERATORS. pended, to carry out the provisions of the
TITLE VI—COMMITTEE ON ENVIRONMENT Fish and Wildlife Act of 1956 (16 U.S.C. 742a
(a) IN GENERAL.—In addition to amounts AND PUBLIC WORKS et seq.) and the Fish and Wildlife Coordina-
otherwise available, there is appropriated for
SEC. 6001. ECONOMIC ADJUSTMENT ASSISTANCE. tion Act (16 U.S.C. 661 et seq.) through direct
fiscal year 2021, out of any money in the
(a) ECONOMIC DEVELOPMENT ADMINISTRA- expenditure, contracts, and grants, of
Treasury not otherwise appropriated, which—
$1,250,000,000, to remain available until ex- TION APPROPRIATION.—In addition to
amounts otherwise available, there is appro- (1) $20,000,000 shall be for wildlife inspec-
pended, to carry out section 324 of the Eco- tions, interdictions, investigations, and re-
nomic Aid to Hard-Hit Small Businesses, priated for fiscal year 2021, out of any money
in the Treasury not otherwise appropriated, lated activities, and for efforts to address
Nonprofits, and Venues Act (title III of divi- wildlife trafficking;
sion N of Public Law 116–260), of which $3,000,000,000, to remain available until Sep-
tember 30, 2022, to the Department of Com- (2) $30,000,000 shall be for the care of cap-
$500,000 shall be used to provide technical as- tive species listed under the Endangered Spe-
sistance to help applicants access the Sys- merce for economic adjustment assistance as
authorized by sections 209 and 703 of the Pub- cies Act of 1973, for the care of rescued and
tem for Award Management (or any suc- confiscated wildlife, and for the care of Fed-
cessor thereto) or to assist applicants with lic Works and Economic Development Act of
1965 (42 U.S.C. 3149 and 3233) to prevent, pre- eral trust species in facilities experiencing
an alternative grant application system. lost revenues due to COVID–19; and
(b) REDUCTION OF SHUTTERED VENUES AS- pare for, and respond to coronavirus and for
necessary expenses for responding to eco- (3) $45,000,000 shall be for research and ex-
SISTANCE FOR NEW PPP RECIPIENTS.—Section
nomic injury as a result of coronavirus. tension activities to strengthen early detec-
324 of the Economic Aid to Hard-Hit Small
tion, rapid response, and science-based man-
Businesses, Nonprofits, and Venues Act (title (b) Of the funds provided by this section,
agement to address wildlife disease out-
III of division N of Public Law 116–260), is up to 2 percent shall be used for Federal
breaks before they become pandemics and
amended— costs to administer such assistance utilizing
strengthen capacity for wildlife health moni-
(1) in subsection (a)(1)(A)(vi)— temporary Federal personnel as may be nec-
toring to enhance early detection of diseases
(A) by striking subclause (III); essary consistent with the requirements ap-
that have capacity to jump the species bar-
(B) by redesignating subclause (IV) as sub- plicable to such administrative funding in
rier and pose a risk in the United States, in-
clause (III); and fiscal year 2020 to prevent, prepare for, and
cluding the development of a national wild-
(C) in subclause (III), as so redesignated, by respond to coronavirus and which shall re-
life disease database.
striking ‘‘subclauses (I), (II), and (III)’’ and main available until September 30, 2027. (b) LACEY ACT PROVISIONS.—In addition to
inserting ‘‘subclauses (I) and (II)’’; and (c) Of the funds provided by this section, 25 amounts otherwise made available, there is
(2) in subsection (c)(1)— percent shall be for assistance to States and appropriated for fiscal year 2021, out of any
(A) in subparagraph (A), in the matter pre- communities that have suffered economic in- money in the Treasury not otherwise appro-
ceding clause (i), by striking ‘‘A grant’’ and jury as a result of job and gross domestic priated, $10,000,000, to remain available until
inserting ‘‘Subject to subparagraphs (B) and product losses in the travel, tourism, or out- expended, to carry out the provisions of sec-
(C), a grant’’; and door recreation sectors. tion 42(a) of title 18, United States Code, and
(B) by adding at the end the following: SEC. 6002. FUNDING FOR POLLUTION AND DIS- the Lacey Act Amendments of 1981 (16 U.S.C.
‘‘(C) REDUCTION FOR RECIPIENTS OF NEW PPP PARATE IMPACTS OF THE COVID–19 3371–3378) to identify and designate wildlife
LOANS.— PANDEMIC. species, or larger taxonomic groups of spe-
‘‘(i) IN GENERAL.—The otherwise applicable (a) IN GENERAL.—In addition to amounts cies, as injurious under such provisions if
amount of a grant under subsection (b)(2) to otherwise available, there is appropriated to they transmit a pathogen that could poten-
an eligible person or entity shall be reduced the Environmental Protection Agency for tially pose a risk to human health and de-
by the total amount of loans guaranteed fiscal year 2021, out of any money in the velop regulations to develop a process to
under paragraph (36) or (37) of section 7(a) of Treasury not otherwise appropriated, make emergency listings for injurious spe-
the Small Business Act (15 U.S.C. 636(a)) that $100,000,000, to remain available until ex- cies.
are received on or after December 27, 2020 by pended, to address health outcome dispari- TITLE VII—COMMITTEE ON COMMERCE,
the eligible person or entity. ties from pollution and the COVID–19 pan- SCIENCE, AND TRANSPORTATION
‘‘(ii) APPLICATION TO GOVERNMENTAL ENTI- demic, of which— Subtitle A—Transportation and
TIES.—For purposes of applying clause (i) to (1) $50,000,000, shall be for grants, con- Infrastructure
an eligible person or entity owned by a State tracts, and other agency activities that iden- SEC. 7101. GRANTS TO THE NATIONAL RAILROAD
or a political subdivision of a State, the rel- tify and address disproportionate environ- PASSENGER CORPORATION.
evant entity— mental or public health harms and risks in (a) NORTHEAST CORRIDOR APPROPRIATION.—
‘‘(I) shall be the eligible person or entity; minority populations or low-income popu- In addition to amounts otherwise available,
and lations under—
SSpencer on DSK126QN23PROD with SENATE
there is appropriated for fiscal year 2021, out
‘‘(II) shall not include entities of the State (A) section 103(b) of the Clean Air Act (42 of any money in the Treasury not otherwise
or political subdivision other than the eligi- U.S.C. 7403(b)); appropriated, $970,388,160, to remain avail-
ble person or entity.’’. (B) section 1442 of the Safe Drinking Water able until September 30, 2024, for grants as
SEC. 5006. DIRECT APPROPRIATIONS. Act (42 U.S.C. 300j–1); authorized under section 11101(a) of the
(a) IN GENERAL.—In addition to amounts (C) section 104(k)(7)(A) of the Comprehen- FAST Act (Public Law 114–94) to prevent,
otherwise available, there is appropriated to sive Environmental Response, Compensa- prepare for, and respond to coronavirus.
the Administrator for fiscal year 2021, out of tion, and Liability Act of 1980 (42 U.S.C. (b) NATIONAL NETWORK APPROPRIATION.—In
any money in the Treasury not otherwise ap- 9604(k)(7)(A)); and addition to amounts otherwise available,
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00040 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1077
there is appropriated for fiscal year 2021, out the Department of Transportation and loans services, combating the spread of pathogens
of any money in the Treasury not otherwise that would otherwise have been paid from at the airport, and debt service payments.
appropriated, $729,611,840, to remain avail- National Railroad Passenger Corporation (B) DISTRIBUTION.—Amounts made avail-
able until September 30, 2024, for grants as revenues. able under this paragraph shall be appor-
authorized under section 11101(b) of the (g) PROJECT MANAGEMENT OVERSIGHT.—Not tioned to each non-primary airport based on
FAST Act (Public Law 114–94) to prevent, more than $2,000,000 of the aggregate the categories published in the most current
prepare for, and respond to coronavirus. amounts made available under subsections National Plan of Integrated Airport Sys-
(c) LONG-DISTANCE SERVICE RESTORATION (a) and (b) shall be for activities authorized tems, reflecting the percentage of the aggre-
AND EMPLOYEE RECALLS.—Not less than under section 11101(c) of the FAST Act (Pub- gate published eligible development costs for
$165,926,000 of the aggregate amounts made lic Law 114–94). each such category, and then dividing the al-
available under subsections (a) and (b) shall located funds evenly among the eligible air-
SEC. 7102. RELIEF FOR AIRPORTS.
be for use by the National Railroad Pas- ports in each category, rounding up to the
senger Corporation to— (a) IN GENERAL.—
(1) IN GENERAL.—In addition to amounts nearest thousand dollars.
(1) restore, not later than 90 days after the (C) REMAINING AMOUNTS.—Any amount re-
date of enactment of this Act, the frequency otherwise available, there is appropriated for
fiscal year 2021, out of any funds in the maining under this paragraph shall be dis-
of rail service on long-distance routes (as de- tributed as described in paragraph (1)(C).
fined in section 24102 of title 49, United Treasury not otherwise appropriated,
(4) AIRPORT CONCESSIONS.—
States Code) that the National Railroad Pas- $8,000,000,000, to remain available until Sep-
(A) IN GENERAL.—Not more than $800,000,000
senger Corporation reduced the frequency of tember 30, 2024, for assistance to sponsors of
shall be made available for sponsors of pri-
on or after July 1, 2020, and continue to oper- airports, as such terms are defined in section
mary airports to provide relief from rent and
ate such service at such frequency; and 47102 of title 49, United States Code, to be
minimum annual guarantees to airport con-
(2) recall and manage employees fur- made available to prevent, prepare for, and
cessions, of which at least $640,000,000 shall
loughed on or after October 1, 2020, as a re- respond to coronavirus.
be available to provide relief to eligible
sult of efforts to prevent, prepare for, and re- (2) REQUIREMENTS AND LIMITATIONS.—
small airport concessions and of which at
spond to coronavirus. Amounts made available under this section—
least $160,000,000 shall be available to provide
(d) USE OF FUNDS IN LIEU OF CAPITAL PAY- (A) may not be used for any purpose not di-
relief to eligible large airport concessions lo-
MENTS.—Not less than $109,805,000 of the ag- rectly related to the airport; and cated at primary airports.
gregate amounts made available under sub- (B) may not be provided to any airport (B) DISTRIBUTION.—The amounts made
sections (a) and (b)— that was allocated in excess of 4 years of op- available for each set-aside in this paragraph
(1) shall be for use by the National Rail- erating funds to prevent, prepare for, and re- shall be distributed to the sponsor of each
road Passenger Corporation in lieu of capital spond to coronavirus in fiscal year 2020. primary airport (as such term is defined in
payments from States and commuter rail (b) ALLOCATIONS.—The following terms section 47102 of title 49, United States Code)
passenger transportation providers that are shall apply to the amounts made available based on each such primary airport’s pas-
subject to the cost allocation policy under under this section: senger enplanements compared to the total
section 24905(c) of title 49, United States (1) OPERATING EXPENSES AND DEBT SERVICE passenger enplanements of all such primary
Code; and PAYMENTS.— airports in calendar year 2019.
(2) notwithstanding sections 24319(g) and (A) IN GENERAL.—Not more than (C) CONDITIONS.—As a condition of approv-
24905(c)(1)(A)(i) of title 49, United States $6,492,000,000 shall be made available for pri- ing a grant under this paragraph—
Code, such amounts do not constitute cross- mary airports, as such term is defined in sec- (i) the sponsor shall provide such relief
subsidization of commuter rail passenger tion 47102 of title 49, United States Code, and from the date of enactment of this Act until
transportation. certain cargo airports, for costs related to the sponsor has provided relief equaling the
(e) USE OF FUNDS FOR STATE PAYMENTS FOR operations, personnel, cleaning, sanitization, total grant amount, to the extent prac-
STATE-SUPPORTED ROUTES.— janitorial services, combating the spread of ticable and to the extent permissible under
(1) IN GENERAL.—Of the amounts made pathogens at the airport, and debt service State laws, local laws, and applicable trust
available under subsection (b), $174,850,000 payments. indentures; and
shall be for use by the National Railroad (B) DISTRIBUTION.— Amounts made avail- (ii) for each set-aside, the sponsor shall
Passenger Corporation to offset amounts re- able under this paragraph— provide relief from rent and minimum an-
quired to be paid by States for covered (i) shall not be subject to the reduced ap- nual guarantee obligations to each eligible
State-supported routes. portionments under section 47114(f) of title airport concession in an amount that re-
(2) FUNDING SHARE.—The share of funding 49, United States Code; flects each eligible airport concession’s pro-
provided under paragraph (1) with respect to (ii) shall first be apportioned as set forth in portional share of the total amount of the
a covered State-supported route shall be dis- sections 47114(c)(1)(A), 47114(c)(1)(C)(i), rent and minimum annual guarantees of
tributed as follows: 47114(c)(1)(C)(ii), 47114(c)(2)(A), 47114(c)(2)(B), those eligible airport concessions at such
(A) Each covered State-supported route and 47114(c)(2)(E) of title 49, United States airport.
shall receive 7 percent of the costs allocated Code; and (c) ADMINISTRATION.—
to the route in fiscal year 2019 under the cost (iii) shall not be subject to a maximum ap- (1) ADMINISTRATIVE EXPENSES.—The Ad-
allocation methodology adopted pursuant to portionment limit set forth in section ministrator of the Federal Aviation Admin-
section 209 of the Passenger Rail Investment 47114(c)(1)(B) of title 49, United States Code. istration may retain up to 0.1 percent of the
and Improvement Act of 2008 (Public Law (C) REMAINING AMOUNTS.—Any amount re- funds provided under this section to fund the
110–432). maining after distribution under subpara- award of, and oversight by the Adminis-
(B) Any remaining amounts after the dis- graph (B) shall be distributed to the sponsor trator of, grants made under this section.
tribution described in subparagraph (A) shall of each primary airport (as such term is de- (2) WORKFORCE RETENTION REQUIREMENTS.—
be apportioned to each covered State-sup- fined in section 47102 of title 49, United (A) REQUIRED RETENTION.—As a condition
ported route in proportion to the passenger States Code) based on each such primary air- for receiving funds provided under this sec-
revenue of such route and other revenue allo- port’s passenger enplanements compared to tion, an airport shall continue to employ,
cated to such route in fiscal year 2019 divided the total passenger enplanements of all such through September 30, 2021, at least 90 per-
by the total passenger revenue and other primary airports in calendar year 2019. cent of the number of individuals employed
revenue allocated to all covered State-sup- (2) FEDERAL SHARE FOR DEVELOPMENT (after making adjustments for retirements
ported routes in fiscal year 2019. PROJECTS.— or voluntary employee separations) by the
(3) COVERED STATE-SUPPORTED ROUTE DE- (A) IN GENERAL.—Not more than $608,000,000 airport as of March 27, 2020.
FINED.—In this subsection, the term ‘‘cov- allocated under subsection (a)(1) shall be (B) WAIVER OF RETENTION REQUIREMENT.—
ered State-supported route’’ means a State- available to pay a Federal share of 100 per- The Secretary shall waive the workforce re-
supported route, as such term is defined in cent of the costs for any grant awarded in tention requirement if the Secretary deter-
section 24102 of title 49, United States Code, fiscal year 2021, or in fiscal year 2020 with mines that—
but does not include a State-supported route less than a 100-percent Federal share, for an (i) the airport is experiencing economic
for which service was terminated on or be- airport development project (as such term is hardship as a direct result of the require-
fore February 1, 2020. defined in section 47102 of title 49). ment; or
(f) USE OF FUNDS FOR DEBT REPAYMENT OR (B) REMAINING AMOUNTS.—Any amount re- (ii) the requirement reduces aviation safe-
PREPAYMENT.—Not more than $100,885,000 of maining under this paragraph shall be dis- ty or security.
the aggregate amounts made available under tributed as described in paragraph (1)(C). (C) EXCEPTION.—The workforce retention
SSpencer on DSK126QN23PROD with SENATE
subsections (a) and (b) shall be— (3) NONPRIMARY AIRPORTS.— requirement shall not apply to nonhub air-
(1) for the repayment or prepayment of (A) IN GENERAL.—Not more than $100,000,000 ports or nonprimary airports receiving funds
debt incurred by the National Railroad Pas- shall be made available for general aviation under this section.
senger Corporation under financing arrange- and commercial service airports that are not (D) NONCOMPLIANCE.—Any financial assist-
ments entered into prior to the date of en- primary airports (as such terms are defined ance provided under this section to an air-
actment of this Act; and in section 47102 of title 49, United States port that fails to comply with the workforce
(2) to pay required reserves, costs, and fees Code) for costs related to operations, per- retention requirement described in subpara-
related to such debt, including for loans from sonnel, cleaning, sanitization, janitorial graph (A), and does not otherwise qualify for
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00041 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
S1078 CONGRESSIONAL RECORD — SENATE March 4, 2021
a waiver or exception under this paragraph, ployee, and in the case of a part-time em- tion during the period beginning on the date
shall be subject to clawback by the Sec- ployee, employee on an uncommon tour of of enactment of this section and ending on
retary. duty, or employee with a seasonal work September 30, 2021.
(d) DEFINITIONS.—In this section: schedule, in an amount not to exceed the (2) TOTAL HOURS; AMOUNT.—Paid leave
(1) ELIGIBLE LARGE AIRPORT CONCESSION.— proportional equivalent of 600 hours to the under this section—
The term ‘‘eligible large airport concession’’ extent amounts in the Fund remain avail- (A) shall be provided to an employee of the
means a concession (as defined in section 23.3 able for reimbursement; Administration in an amount not to exceed
of title 49, Code of Federal Regulations), that (B) shall be paid at the same hourly rate as 600 hours of paid leave for each full-time em-
is in-terminal and has maximum gross re- other leave payments; and ployee, and in the case of a part-time em-
ceipts, averaged over the previous three fis- (C) may not be provided to an employee if ployee, employee on an uncommon tour of
cal years, of more than $56,420,000. the leave would result in payments greater duty, or employee with a seasonal work
(2) ELIGIBLE SMALL AIRPORT CONCESSION.— than $2,800 in aggregate for any biweekly pay schedule, in an amount not to exceed the
The term ‘‘eligible small airport concession’’ period for a full-time employee, or a propor- proportional equivalent of 600 hours to the
means a concession (as defined in section 23.3 tionally equivalent biweekly limit for a extent amounts in the Fund remain avail-
of title 49, Code of Federal Regulations), that part-time employee. able for reimbursement;
is in-terminal and— (3) RELATIONSHIP TO OTHER LEAVE.—Paid (B) shall be paid at the same hourly rate as
(A) a small business with maximum gross leave under this section— other leave payments; and
receipts, averaged over the previous 3 fiscal (A) is in addition to any other leave pro- (C) may not be provided to an employee if
years, of less than $56,420,000; or vided to an employee of the Administration; the leave would result in payments greater
(B) is a joint venture (as defined in section and than $2,800 in aggregate for any biweekly pay
23.3 of title 49, Code of Federal Regulations). (B) may not be used by an employee of the period for a full-time employee, or a propor-
SEC. 7103. EMERGENCY FAA EMPLOYEE LEAVE Administration concurrently with any other tionally equivalent biweekly limit for a
FUND. paid leave. part-time employee.
(a) ESTABLISHMENT; APPROPRIATION.—There (4) CALCULATION OF RETIREMENT BENEFIT.— (3) RELATIONSHIP TO OTHER LEAVE.—Paid
is established in the Federal Aviation Ad- Any paid leave provided to an employee of leave under this section—
ministration the Emergency FAA Employee the Administration under this section shall (A) is in addition to any other leave pro-
Leave Fund (in this section referred to as the reduce the total service used to calculate vided to an employee of the Administration;
‘‘Fund’’), to be administered by the Adminis- any Federal civilian retirement benefit. and
trator of the Federal Aviation Administra- SEC. 7104. EMERGENCY TSA EMPLOYEE LEAVE (B) may not be used by an employee of the
tion, for the purposes set forth in subsection FUND. Administration concurrently with any other
(b). In addition to amounts otherwise avail- (a) ESTABLISHMENT; APPROPRIATION.—There paid leave.
able, there is appropriated for fiscal year is established in the Transportation Security (4) CALCULATION OF RETIREMENT BENEFIT.—
2021, out of any money in the Treasury not Administration (in this section referred to as Any paid leave provided to an employee of
otherwise appropriated, $9,000,000, which the ‘‘Administration’’) the Emergency TSA the Administration under this section shall
shall be deposited into the Fund and remain Employee Leave Fund (in this section re- reduce the total service used to calculate
available through September 30, 2022. ferred to as the ‘‘Fund’’), to be administered
(b) PURPOSE.—Amounts in the Fund shall any Federal civilian retirement benefit.
by the Administrator of the Administration,
be available to the Administrator for the use for the purposes set forth in subsection (b). Subtitle B—Aviation Manufacturing Jobs
of paid leave under this section by any em- In addition to amounts otherwise available, Protection
ployee of the Administration who is unable there is appropriated for fiscal year 2021, out SEC. 7201. DEFINITIONS.
to work because the employee— of any money in the Treasury not otherwise
(1) is subject to a Federal, State, or local appropriated, $13,000,000, which shall be de- In this subtitle:
quarantine or isolation order related to posited into the Fund and remain available (1) ELIGIBLE EMPLOYEE GROUP.—The term
COVID–19; through September 30, 2022. ‘‘eligible employee group’’ means the portion
(2) has been advised by a health care pro- (b) PURPOSE.—Amounts in the Fund shall of an employer’s United States workforce
vider to self-quarantine due to concerns re- be available to the Administration for the that—
lated to COVID–19; use of paid leave under this section by any (A) does not exceed 25 percent of the em-
(3) is caring for an individual who is sub- employee of the Administration who is un- ployer’s total United States workforce as of
ject to such an order or has been so advised; able to work because the employee— April 1, 2020; and
(4) is experiencing symptoms of COVID–19 (1) is subject to a Federal, State, or local (B) contains only employees with a total
and seeking a medical diagnosis; quarantine or isolation order related to compensation level of $200,000 or less per
(5) is caring for a son or daughter of such COVID–19; year; and
employee if the school or place of care of the (2) has been advised by a health care pro- (C) is engaged in aviation manufacturing
son or daughter has been closed, if the school vider to self-quarantine due to concerns re- activities and services, or maintenance, re-
of such son or daughter requires or makes lated to COVID–19; pair, and overhaul activities and services.
optional a virtual learning instruction model (3) is caring for an individual who is sub- (2) AVIATION MANUFACTURING COMPANY.—
or requires or makes optional a hybrid of in- ject to such an order or has been so advised; The term ‘‘aviation manufacturing com-
person and virtual learning instruction mod- (4) is experiencing symptoms of COVID–19 pany’’ means a corporation, firm, or other
els, or the child care provider of such son or and seeking a medical diagnosis; business entity—
daughter is unavailable, due to COVID–19 (5) is caring for a son or daughter of such (A) that—
precautions; employee if the school or place of care of the (i) actively manufactures an aircraft, air-
(6) is experiencing any other substantially son or daughter has been closed, if the school craft engine, propeller, or a component, part,
similar condition; of such son or daughter requires or makes or systems of an aircraft or aircraft engine
(7) is caring for a family member with a optional a virtual learning instruction model under a Federal Aviation Administration
mental or physical disability or who is 55 or requires or makes optional a hybrid of in- production approval;
years of age or older and incapable of self- person and virtual learning instruction mod- (ii) holds a certificate issued under part 145
care, without regard to whether another in- els, or the child care provider of such son or of title 14, Code of Federal Regulations, for
dividual other than the employee is avail- daughter is unavailable, due to COVID–19 maintenance, repair, and overhaul of air-
able to care for such family member, if the precautions; craft, aircraft engines, components, or pro-
place of care for such family member is (6) is experiencing any other substantially pellers; or
closed or the direct care provider is unavail- similar condition; (iii) operates a process certified to SAE
able due to COVID–19; or (7) is caring for a family member with a AS9100 related to the design, development, or
(8) is obtaining immunization related to mental or physical disability or who is 55 provision of an aviation product or service,
COVID–19 or is recovering from any injury, years of age or older and incapable of self- including a part, component, or assembly;
disability, illness, or condition related to care, without regard to whether another in- (B) which—
such immunization. dividual other than the employee is avail- (i) is established, created, or organized in
(c) LIMITATIONS.— able to care for such family member, if the the United States or under the laws of the
(1) PERIOD OF AVAILABILITY.—Paid leave place of care for such family member is United States; and
under this section may only be provided to closed or the direct care provider is unavail- (ii) has significant operations in, and a ma-
and used by an employee of the Administra- able due to COVID–19; or jority of its employees engaged in aviation
SSpencer on DSK126QN23PROD with SENATE
tion during the period beginning on the date (8) is obtaining immunization related to manufacturing activities and services, or
of enactment of this section and ending on COVID–19 or is recovering from any injury, maintenance, repair, and overhaul activities
September 30, 2021. disability, illness, or condition related to and services based in the United States;
(2) TOTAL HOURS; AMOUNT.—Paid leave such immunization. (C) which has involuntarily furloughed or
under this section— (c) LIMITATIONS.— laid off at least 10 percent of its workforce in
(A) shall be provided to an employee of the (1) PERIOD OF AVAILABILITY.—Paid leave 2020 as compared to 2019 or has experienced
Administration in an amount not to exceed under this section may only be provided to at least a 15 percent decline in 2020 revenues
600 hours of paid leave for each full-time em- and used by an employee of the Administra- as compared to 2019;
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00042 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1079
(D) that, as supported by sworn financial (8) TOTAL COMPENSATION LEVEL.—The term tation of persons, property, or mail, includ-
statements or other appropriate data, has ‘‘total compensation level’’ means the level ing the loading and unloading of property on
identified the eligible employee group and of total base compensation and benefits aircraft, assistance to passengers under part
the amount of total compensation level for being provided to an eligible employee group 382 of title 14, Code of Federal Regulations,
the eligible employee group; employee, excluding overtime and premium security, airport ticketing and check-in
(E) that agrees to provide private contribu- pay, and excluding any Federal, State, or functions, ground-handling of aircraft, or
tions and maintain the total compensation local payroll taxes paid, as of April 1, 2020. aircraft cleaning and sanitization functions
level for the eligible employee group for the SEC. 7202. PAYROLL SUPPORT PROGRAM. and waste removal; or
duration of an agreement under this subtitle; (a) IN GENERAL.—The Secretary shall es- (B) a subcontractor that performs such
(F) that agrees to provide immediate no- tablish a payroll support program and enter functions;
tice and justification to the Secretary of in- into agreements with employers who meet (3) the term ‘‘employee’’ means an indi-
voluntary furloughs or layoffs exceeding 10 the eligibility criteria specified in subsection vidual, other than a corporate officer, who is
percent of the workforce that is not included (b) and are not ineligible under subsection employed by an air carrier or a contractor;
in an eligible employee group for the dura- (c), to provide public contributions to sup- (4) the term ‘‘eligible air carrier’’ means an
tion of an agreement and receipt of public plement compensation of an eligible em- air carrier that—
contributions under this subtitle; ployee group. There is appropriated for fiscal (A) received financial assistance pursuant
(G) that has not conducted involuntary year 2021, out of amounts in the Treasury section 402(a)(1) of division N of the Consoli-
furloughs or reduced pay rates or benefits for not otherwise appropriated, $3,000,000,000, to dated Appropriations Act, 2021 (Public Law
the eligible employee group, subject to the remain available until September 30, 2023, for 116-260);
employer’s right to discipline or terminate the Secretary to carry out the payroll sup- (B) provides air transportation as of March
an employee in accordance with employer port program authorized under the preceding 31, 2021;
policy, between the date of application and sentence for which 1 percent of the funds (C) has not conducted involuntary fur-
the date on which such a corporation, firm, may be used for implementation costs and loughs or reduced pay rates or benefits be-
or other business entity enters into an agree- administrative expenses. tween March 31, 2021, and the date on which
ment with the Secretary under this subtitle; (b) ELIGIBILITY.—The Secretary shall enter
and the air carrier makes a certification to the
into an agreement and provide public con-
(H) that— Secretary pursuant to subparagraph (D); and
tributions, for a term no longer than 6
(i) in the case of a corporation, firm, or (D) certifies to the Secretary that such air
months, solely with an employer that agrees
other business entity including any parent carrier will—
to use the funds received under an agreement
company or subsidiary of such a corporation, (i) refrain from conducting involuntary
exclusively for the continuation of employee
firm, or other business entity, that holds any wages, salaries, and benefits, to maintain the furloughs or reducing pay rates or benefits
type or production certificate or similar au- total compensation level for the eligible em- until September 30, 2021, or the date on
thorization issued under section 44704 of title ployee group as of April 1, 2020 for the dura- which assistance provided under this section
49, United States Code, with respect to a tion of the agreement, and to facilitate the is exhausted, whichever is later;
transport-category airplane covered under retention, rehire, or recall of employees of (ii) refrain from purchasing an equity secu-
part 25 of title 14, Code of Federal Regula- the employer, except that such funds may rity of the air carrier or the parent company
tions, certificated with a passenger seating not be used for back pay of returning rehired of the air carrier that is listed on a national
capacity of 50 or more, agrees to refrain from or recalled employees. securities exchange through September 30,
conducting involuntary layoffs or furloughs, (c) INELIGIBILITY.—The Secretary may not 2022;
or reducing pay rates and benefits, for the el- enter into any agreement under this section (iii) refrain from paying dividends, or mak-
igible employee group, subject to the em- with an employer who was allowed a credit ing other capital distributions, with respect
ployer’s right to discipline or terminate an under section 2301 of the CARES Act (26 to common stock (or equivalent interest) of
employee in accordance with employer pol- U.S.C. 3111 note) for the immediately pre- such air carrier through September 30, 2022;
icy from the date of agreement until Sep- ceding calendar quarter ending before such (iv) during the 2-year period beginning
tember 30, 2021, or the duration of the agree- agreement is entered into, who received fi- April 1, 2021, and ending April 1, 2023, refrain
ment and receipt of public contributions nancial assistance under section 4113 of the from paying—
under this subtitle, whichever period ends CARES Act (15 U.S.C. 9073), or who is cur- (I) any officer or employee of the air car-
later; or rently expending financial assistance under rier whose total compensation exceeded
(ii) in the case of corporation, firm, or the paycheck protection program established $425,000 in calendar year 2019 (other than an
other business entity not specified under under section 7(a)(36) of the Small Business employee whose compensation is determined
subparagraph (i), agrees to refrain from con- Act (15 U.S.C. 636(a)(36)), as of the date the through an existing collective bargaining
ducting involuntary layoffs or furloughs, or employer submits an application under the agreement entered into prior to the date of
reducing pay rates and benefits, for the eligi- payroll support program established under enactment of this Act)—
ble employee group, subject to the employ- subsection (a). (aa) total compensation that exceeds, dur-
er’s right to discipline or terminate an em- (d) REDUCTIONS.—To address any shortfall ing any 12 consecutive months of such 2-year
ployee in accordance with employer policy in assistance that would otherwise be pro- period, the total compensation received by
for the duration of the agreement and re- vided under this subtitle, the Secretary shall the officer or employee from the air carrier
ceipt of public contributions under this sub- reduce, on a pro rata basis, the financial as- in calendar year 2019; or
title. sistance provided under this subtitle. (bb) severance pay or other benefits upon
(3) EMPLOYEE.—The term ‘‘employee’’ has (e) AGREEMENT DEADLINE.—No agreement termination of employment with the air car-
the meaning given that term in section 3 of may be entered into by the Secretary under rier which exceeds twice the maximum total
the Fair Labor Standards Act of 1938 (29 the payroll support program established compensation received by the officer or em-
U.S.C. 203). under subsection (a) after the last day of the ployee from the air carrier in calendar year
(4) EMPLOYER.—The term ‘‘employer’’ 6 month period that begins on the effective 2019; and
means an aviation manufacturing company date of the first agreement entered into (II) any officer or employee of the air car-
that is an employer (as defined in section 3 under such program. rier whose total compensation exceeded
of the Fair Labor Standards Act of 1938 (29 Subtitle C—Airlines $3,000,000 in calendar year 2019 during any 12
U.S.C. 203)). SEC. 7301. AIR TRANSPORTATION PAYROLL SUP- consecutive months of such period total
(5) PRIVATE CONTRIBUTION.—The term ‘‘pri- PORT PROGRAM EXTENSION. compensation in excess of the sum of—
vate contribution’’ means the contribution (a) DEFINITIONS.—The definitions in section (aa) $3,000,000; and
funded by the employer under this subtitle 40102(a) of title 49, United States Code, shall (bb) 50 percent of the excess over $3,000,000
to maintain 50 percent of the eligible em- apply with respect to terms used in this sec- of the total compensation received by the of-
ployee group’s total compensation level, and tion, except that— ficer or employee from the air carrier in cal-
combined with the public contribution, is (1) the term ‘‘catering functions’’ means endar year 2019.
sufficient to maintain the total compensa- preparation, assembly, or both, of food, bev- (5) the term ‘‘eligible contractor’’ means a
tion level for the eligible employee group as erages, provisions and related supplies for contractor that—
of April 1, 2020. delivery, and the delivery of such items, di- (A) received financial assistance pursuant
(6) PUBLIC CONTRIBUTION.—The term ‘‘pub- rectly to aircraft or to a location on or near to section 402(a)(2) of division N of the Con-
lic contribution’’ means the contribution airport property for subsequent delivery to solidated Appropriations Act, 2021 (Public
funded by the Federal Government under aircraft; Law 116-260);
SSpencer on DSK126QN23PROD with SENATE
this subtitle to provide 50 percent of the eli- (2) the term ‘‘contractor’’ means— (B) performs one or more of the functions
gible employees group’s total compensation (A) a person that performs, under contract described under paragraph (2) as of March 31,
level, and combined with the private con- with a passenger air carrier conducting oper- 2021;
tribution, is sufficient to maintain the total ations under part 121 of title 14, Code of Fed- (C) has not conducted involuntary fur-
compensation level for those in the eligible eral Regulations— loughs or reduced pay rates or benefits be-
employee group as of April 1, 2020. (i) catering functions; or tween March 31, 2021, and the date on which
(7) SECRETARY.—The term ‘‘Secretary’’ (ii) functions on the property of an airport the contractor makes a certification to the
means the Secretary of Transportation. that are directly related to the air transpor- Secretary pursuant to subparagraph (D); and
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00043 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
S1080 CONGRESSIONAL RECORD — SENATE March 4, 2021
(D) certifies to the Secretary that such Consolidated Appropriations Act, 2021 (Pub. lation, standard, or ban under any other Act
contractor will— L. No. 116-260). enforced by the Commission;
(i) refrain from conducting involuntary (B) PROCEDURES.—The Secretary shall pub- (3) the term ‘‘COVID–19 emergency period’’
furloughs or reducing pay rates or benefits lish streamlined and expedited procedures means the period during which a public
until September 30, 2021, or the date on not later than 5 days after the date of enact- health emergency declared pursuant to sec-
which assistance provided under this section ment of this section for eligible air carriers tion 319 of the Public Health Service Act (42
is exhausted, whichever is later; and eligible contractors to submit requests U.S.C. 247d) with respect to the 2019 novel
(ii) refrain from purchasing an equity secu- for financial assistance under this section. coronavirus (COVID–19), including under any
rity of the contractor or the parent company (C) DEADLINE FOR IMMEDIATE PAYROLL AS- renewal of such declaration, is in effect; and
of the contractor that is listed on a national SISTANCE.—Not later than 10 days after the (4) the term ‘‘COVID–19 products’’ means
securities exchange through September 30, date of enactment of this section, the Sec- consumer products, as defined by section
2022; retary shall make initial payments to air 3(a)(5) of the Consumer Product Safety Act
(iii) refrain from paying dividends, or mak- carriers and contractors that submit re- (15 U.S.C. 2052(a)(5)), whose risks have been
ing other capital distributions, with respect quests for financial assistance approved by significantly affected by COVID–19 or whose
to common stock (or equivalent interest) of the Secretary. sales have materially increased during the
the contractor through September 30, 2022; (4) TAXPAYER PROTECTION.—The Secretary COVID–19 emergency period as a result of
(iv) during the 2-year period beginning shall receive financial instruments issued by the COVID–19 pandemic.
April 1, 2021, and ending April 1, 2023, refrain recipients of financial assistance under this SEC. 7402. FUNDING FOR E-RATE SUPPORT FOR
from paying— section in the same form and amount, and EMERGENCY EDUCATIONAL CON-
(I) any officer or employee of the con- NECTIONS AND DEVICES.
under the same terms and conditions, as de-
tractor whose total compensation exceeded termined by the Secretary under section 408 (a) REGULATIONS REQUIRED.—Not later
$425,000 in calendar year 2019 (other than an than 60 days after the date of the enactment
of subtitle A of title IV of division N of the
employee whose compensation is determined of this Act, the Commission shall promul-
Consolidated Appropriations Act, 2021 (Pub.
through an existing collective bargaining gate regulations providing for the provision,
L. No. 116-260).
agreement entered into prior to the date of from amounts made available from the
(5) ADMINISTRATIVE EXPENSES.—Of the
enactment of this Act)— Emergency Connectivity Fund, of support
amounts made available under paragraph under paragraphs (1)(B) and (2) of section
(aa) total compensation that exceeds, dur- (1)(A), $10,000,000 shall be made available to
ing any 12 consecutive months of such 2-year 254(h) of the Communications Act of 1934 (47
the Secretary for costs and administrative U.S.C. 254(h)) to an eligible school or library,
period, the total compensation received by expenses associated with providing financial
the officer or employee from the contractor for the purchase during a COVID–19 emer-
assistance under this section. gency period of eligible equipment or ad-
in calendar year 2019; or (c) FUNDING.—In addition to amounts oth-
(bb) severance pay or other benefits upon vanced telecommunications and information
erwise available, there is appropriated for services (or both), for use by—
termination of employment with the con- fiscal year 2021, out of any money in the
tractor which exceeds twice the maximum (1) in the case of a school, students and
Treasury not otherwise appropriated, staff of the school at locations that include
total compensation received by the officer or $15,000,000,000, to remain available until ex-
employee from the contractor in calendar locations other than the school; and
pended, to carry out this section.
year 2019; and (2) in the case of a library, patrons of the
Subtitle D—Consumer Protection and library at locations that include locations
(II) any officer or employee of the con- Commerce Oversight
tractor whose total compensation exceeded other than the library.
$3,000,000 in calendar year 2019 during any 12
SEC. 7401. FUNDING FOR CONSUMER PRODUCT (b) SUPPORT AMOUNT.—In providing support
SAFETY FUND TO PROTECT CON- under the covered regulations, the Commis-
consecutive months of such period total SUMERS FROM POTENTIALLY DAN- sion shall reimburse 100 percent of the costs
compensation in excess of the sum of— GEROUS PRODUCTS RELATED TO associated with the eligible equipment, ad-
(aa) $3,000,000; and COVID–19.
vanced telecommunications and information
(bb) 50 percent of the excess over $3,000,000 (a) APPROPRIATION.—In addition to services, or eligible equipment and advanced
of the total compensation received by the of- amounts otherwise available, there is appro- telecommunications and information serv-
ficer or employee from the contractor in cal- priated to the Consumer Product Safety ices, except that any reimbursement of a
endar year 2019. Commission for fiscal year 2021, out of any school or library for the costs associated
(6) the term ‘‘Secretary’’ means the Sec- money in the Treasury not otherwise appro- with any eligible equipment may not exceed
retary of the Treasury. priated, $50,000,000, to remain available until an amount that the Commission determines,
(b) PAYROLL SUPPORT GRANTS.— September 30, 2026, for the purposes de- with respect to the request by the school or
(1) IN GENERAL.—The Secretary shall make scribed in subsection (b). library for the reimbursement, is reasonable.
available to eligible air carriers and eligible (b) PURPOSES.—The funds made available (c) EMERGENCY CONNECTIVITY FUND.—
contractors, financial assistance exclusively in subsection (a) shall only be used for pur- (1) ESTABLISHMENT.—There is established
for the continuation of payment of employee poses of the Consumer Product Safety Com- in the Treasury of the United States a fund
wages, salaries, and benefits to— mission to— to be known as the ‘‘Emergency
(A) eligible air carriers, in an aggregate (1) carry out the requirements in title XX Connectivity Fund’’.
amount of $14,000,000,000; and of division FF of the Consolidated Appropria- (2) APPROPRIATION.—In addition to
(B) eligible contractors, in an aggregate tions Act, 2021 (Public Law 116–260); amounts otherwise available, there is appro-
amount of $1,000,000,000. (2) enhance targeting, surveillance, and priated to the Emergency Connectivity Fund
(2) APPORTIONMENTS.— screening of consumer products, particularly for fiscal year 2021, out of any money in the
(A) IN GENERAL.—The Secretary shall ap- COVID–19 products, entering the United Treasury not otherwise appropriated—
portion funds to eligible air carriers and eli- States at ports of entry, including ports of (A) $7,171,000,000, to remain available until
gible contractors in accordance with the re- entry for de minimis shipments; September 30, 2030, for—
quirements of this section not later than (3) enhance monitoring of internet (i) the provision of support under the cov-
April 15, 2021. websites for the offering for sale of new and ered regulations; and
(B) ELIGIBLE AIR CARRIERS.—The Secretary used violative consumer products, particu- (ii) the Commission to adopt, and the Com-
shall apportion funds made available under larly COVID–19 products, and coordination mission and the Universal Service Adminis-
paragraph (1)(A) to each eligible air carrier with retail and resale websites to improve trative Company to administer, the covered
in the ratio that— identification and elimination of listings of regulations; and
(i) the amount received by the air carrier such products; (B) $1,000,000, to remain available until
pursuant to section 403(a) of division N of the (4) increase awareness and communication September 30, 2030, for the Inspector General
Consolidated Appropriations Act, 2021 (Pub- particularly of COVID–19 product related of the Commission to conduct oversight of
lic Law 116-260) bears to risks and other consumer product safety in- support provided under the covered regula-
(ii) $15,000,000,000. formation; and tions.
(C) ELIGIBLE CONTRACTORS.—The Secretary (5) improve the Commission’s data collec- (3) LIMITATION.—Not more than 2 percent
shall apportion, to each eligible contractor, tion and analysis system especially with a of the amount made available under para-
an amount equal to the total amount such focus on consumer product safety risks re- graph (2)(A) may be used for the purposes de-
contractor received pursuant to section sulting from the COVID–19 pandemic to so- scribed in clause (ii) of such paragraph.
403(a) of division N of the Consolidated Ap- cially disadvantaged individuals and other (4) RELATIONSHIP TO UNIVERSAL SERVICE
propriations Act, 2021 (Public Law 116-260). vulnerable populations. CONTRIBUTIONS.—Support provided under the
SSpencer on DSK126QN23PROD with SENATE
(3) IN GENERAL.— (c) DEFINITIONS.—In this section— covered regulations shall be provided from
(A) FORMS; TERMS AND CONDITIONS.—The (1) the term ‘‘Commission’’ means the Con- amounts made available from the Emer-
Secretary shall provide financial assistance sumer Product Safety Commission; gency Connectivity Fund and not from con-
to an eligible air carrier or eligible con- (2) the term ‘‘violative consumer products’’ tributions under section 254(d) of the Com-
tractor under this section in the same form means consumer products in violation of an munications Act of 1934 (47 U.S.C. 254(d)).
and on the same terms and conditions as de- applicable consumer product safety standard (d) DEFINITIONS.—In this section:
termined by pursuant to section 403(b)(1)(A) under the Consumer Product Safety Act (15 (1) ADVANCED TELECOMMUNICATIONS AND IN-
of subtitle A of title IV of division N of the U.S.C. 2051 et seq.) or any similar rule, regu- FORMATION SERVICES.—The term ‘‘advanced
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00044 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1081
telecommunications and information serv- sumer Sentinel Network, including increased year 2021, out of any money in the Treasury
ices’’ means advanced telecommunications complaints received regarding unfair or de- not otherwise appropriated, $100,000,000, to
and information services, as such term is ceptive acts or practices related to COVID– remain available until September 30, 2022, for
used in section 254(h) of the Communications 19; the supply chain modernization initiative
Act of 1934 (47 U.S.C. 254(h)). (2) $2,000,000 for consumer-related edu- under sections 308, 310, and 7301(b) of title 38,
(2) COMMISSION.—The term ‘‘Commission’’ cation, including in connection with unfair United States Code.
means the Federal Communications Com- or deceptive acts or practices related to SEC. 8004. FUNDING FOR STATE HOMES.
mission. COVID–19; and
(3) CONNECTED DEVICE.—The term ‘‘con- (3) $24,000,000 to fund full-time employees In addition to amounts otherwise made
nected device’’ means a laptop computer, of the Federal Trade Commission to address available, there are appropriated for fiscal
tablet computer, or similar end-user device unfair or deceptive acts or practices, includ- year 2021, out of any money in the Treasury
that is capable of connecting to advanced ing those related to COVID–19. not otherwise appropriated—
telecommunications and information serv- Subtitle E—Science and Technology (1) $500,000,000, to remain available until
ices. expended, for allocation under sections 8131
SEC. 7501. NATIONAL INSTITUTE OF STANDARDS
(4) COVERED REGULATIONS.—The term ‘‘cov- AND TECHNOLOGY.
through 8137 of title 38, United States Code:
ered regulations’’ means the regulations pro- In addition to amounts otherwise made and
mulgated under subsection (a). available, there are appropriated to the Na- (2) $250,000,000, to remain available until
(5) COVID–19 EMERGENCY PERIOD.—The tional Institute of Standards and Technology September 30, 2022, for a one-time only obli-
term ‘‘COVID–19 emergency period’’ means a for fiscal year 2021, out of any money in the gation and expenditure to existing State ex-
period that— Treasury not otherwise appropriated, tended care facilities for veterans in propor-
(A) begins on the date of a determination $150,000,000, to remain available until Sep- tion to each State’s share of the total resi-
by the Secretary of Health and Human Serv- tember 30, 2022, to fund awards for research, dent capacity in such facilities as of the date
ices pursuant to section 319 of the Public development, and testbeds to prevent, pre- of enactment of this Act where such capacity
Health Service Act (42 U.S.C. 247d) that a pare for, and respond to coronavirus. None of includes only veterans on whose behalf the
public health emergency exists as a result of the funds provided by this section shall be Department pays a per diem payment pursu-
COVID–19; and subject to cost share requirements. ant to section 1741 or 1745 of title 38, United
(B) ends on the June 30 that first occurs SEC. 7502. NATIONAL SCIENCE FOUNDATION. States Code.
after the date that is 1 year after the date on In addition to amounts otherwise made SEC. 8005. FUNDING FOR THE DEPARTMENT OF
which such determination (including any re- available, there are appropriated to the Na- VETERANS AFFAIRS OFFICE OF IN-
newal thereof) terminates. tional Science Foundation for fiscal year SPECTOR GENERAL.
(6) ELIGIBLE EQUIPMENT.—The term ‘‘eligi- 2021, out of any money in the Treasury not In addition to amounts otherwise made
ble equipment’’ means the following: otherwise appropriated, $600,000,000, to re- available, there is appropriated to the Office
(A) Wi-Fi hotspots. main available until September 30, 2022, to
of Inspector General of the Department of
(B) Modems. fund or extend new and existing research
Veterans Affairs for fiscal year 2021, out of
(C) Routers. grants, cooperative agreements, scholar-
any money in the Treasury not otherwise ap-
(D) Devices that combine a modem and ships, fellowships, and apprenticeships, and
related administrative expenses to prevent, propriated, $10,000,000, to remain available
router. until expended, for audits, investigations,
(E) Connected devices. prepare for, and respond to coronavirus.
and other oversight of projects and activities
(7) ELIGIBLE SCHOOL OR LIBRARY.—The term Subtitle F—Corporation for Public
carried out with funds made available to the
‘‘eligible school or library’’ means an ele- Broadcasting
Department of Veterans Affairs.
mentary school, secondary school, or library SEC. 7601. SUPPORT FOR THE CORPORATION FOR
(including a Tribal elementary school, Tribal PUBLIC BROADCASTING. SEC. 8006. COVID–19 VETERAN RAPID RETRAIN-
In addition to amounts otherwise made ING ASSISTANCE PROGRAM.
secondary school, or Tribal library) eligible
for support under paragraphs (1)(B) and (2) of available, there is appropriated to the Cor- (a) IN GENERAL.—The Secretary of Vet-
section 254(h) of the Communications Act of poration for Public Broadcasting for fiscal erans Affairs shall carry out a program
1934 (47 U.S.C. 254(h)). year 2021, out of any money in the Treasury under which the Secretary shall provide up
(8) EMERGENCY CONNECTIVITY FUND.—The not otherwise appropriated, $175,000,000, to to 12 months of retraining assistance to an
term ‘‘Emergency Connectivity Fund’’ remain available until expended, to prevent, eligible veteran for the pursuit of a covered
means the fund established under subsection prepare for, and respond to coronavirus, in- program of education. Such retraining as-
(c)(1). cluding for fiscal stabilization grants to pub- sistance shall be in addition to any other en-
(9) LIBRARY.—The term ‘‘library’’ includes lic telecommunications entities, as defined titlement to educational assistance or bene-
a library consortium. in section 397 of the Communications Act of fits for which a veteran is, or has been, eligi-
(10) WI-FI.—The term ‘‘Wi-Fi’’ means a 1934 (47 U.S.C. 397), with no deduction for ad- ble.
wireless networking protocol based on Insti- ministrative or other costs of the Corpora-
tion, to maintain programming and services (b) ELIGIBLE VETERANS.—
tute of Electrical and Electronics Engineers (1) IN GENERAL.—In this section, the term
standard 802.11 (or any successor standard). and preserve small and rural stations threat-
ened by declines in non-Federal revenues. ‘‘eligible veteran’’ means a veteran who—
(11) WI-FI HOTSPOT.—The term ‘‘Wi-Fi (A) as of the date of the receipt by the De-
hotspot’’ means a device that is capable of— TITLE VIII—COMMITTEE ON VETERANS’
partment of Veterans Affairs of an applica-
(A) receiving advanced telecommuni- AFFAIRS
tion for assistance under this section, is at
cations and information services; and SEC. 8001. FUNDING FOR CLAIMS AND APPEALS least 22 years of age but not more than 66
(B) sharing such services with a connected PROCESSING.
years of age;
device through the use of Wi-Fi. In addition to amounts otherwise made
(B) as of such date, is unemployed by rea-
SEC. 7403. FUNDING FOR DEPARTMENT OF COM- available, there is appropriated for fiscal
son of the covered public health emergency,
MERCE INSPECTOR GENERAL. year 2021, out of any money in the Treasury
as certified by the veteran;
In addition to amounts otherwise avail- not otherwise appropriated, $272,000,000, to
(C) as of such date, is not eligible to re-
able, there is appropriated to the Office of remain available until September 30, 2023,
pursuant to sections 308, 310, 7101 through ceive educational assistance under chapter
the Inspector General of the Department of 30, 31, 32, 33, or 35 of title 38, United States
7113, 7701, and 7703 of title 38, United States
Commerce for fiscal year 2021, out of any Code, or chapter 1606 of title 10, United
Code.
money in the Treasury not otherwise appro- States Code;
SEC. 8002. FUNDING AVAILABILITY FOR MEDICAL
priated, $3,000,000, to remain available until CARE AND HEALTH NEEDS. (D) is not enrolled in any Federal or State
September 30, 2022, for oversight of activities In addition to amounts otherwise made jobs program;
supported with funds appropriated to the De- available, there is appropriated for fiscal (E) is not in receipt of compensation for a
partment of Commerce to prevent, prepare year 2021, out of any money in the Treasury service-connected disability rated totally
for, and respond to COVID–19. not otherwise appropriated, $14,482,000,000, to disabling by reason of unemployability; and
SEC. 7404. FEDERAL TRADE COMMISSION FUND- remain available until September 30, 2023, for (F) will not be in receipt of unemployment
ING FOR COVID–19 RELATED WORK. allocation under chapters 17, 20, 73, and 81 of compensation (as defined in section 85(b) of
(a) APPROPRIATION.—In addition to title 38, United States Code, of which not the Internal Revenue Code of 1986), including
amounts otherwise available, there is appro- more than $4,000,000,000 shall be available any cash benefit received pursuant to sub-
priated to the Federal Trade Commission for title A of title II of division A of the CARES
SSpencer on DSK126QN23PROD with SENATE
pursuant to section 1703 of title 38, United
fiscal year 2021, $30,400,000, to remain avail- States Code for health care furnished Act (Public Law 116–136), as of the first day
able until September 30, 2026, for the pur- through the Veterans Community Care pro- on which the veteran would receive a hous-
poses described in subsection (b). gram in sections 1703(c)(1) and 1703(c)(5) of ing stipend payment under this section.
(b) PURPOSES.—From the amount appro- such title. (2) TREATMENT OF VETERANS WHO TRANSFER
priated under subsection (a), the Federal SEC. 8003. FUNDING FOR SUPPLY CHAIN MOD- ENTITLEMENT.—For purposes of paragraph
Trade Commission shall use— ERNIZATION. (1)(C), a veteran who has transferred all of
(1) $4,400,000 to process and monitor con- In addition to amounts otherwise made the veteran’s entitlement to educational as-
sumer complaints received into the Con- available, there is appropriated for fiscal sistance under section 3319 of title 38, United
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00045 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
S1082 CONGRESSIONAL RECORD — SENATE March 4, 2021
States Code, shall be considered to be a vet- tution that the veteran no longer intends to not otherwise appropriated, $386,000,000, to
eran who is not eligible to receive edu- pursue the program of education. remain available until expended, to carry
cational assistance under chapter 33 of such (C) NONRECOVERY FROM VETERAN.—In the out this section.
title. case of a veteran referred to in subparagraph SEC. 8007. PROHIBITION ON COPAYMENTS AND
(3) FAILURE TO COMPLETE.—A veteran who (A), the educational institution may not COST SHARING FOR VETERANS DUR-
receives retraining assistance under this sec- seek payment from the veteran for any ING EMERGENCY RELATING TO
tion to pursue a program of education and amount that would have been payable under COVID–19.
who fails to complete the program of edu- paragraph (1)(B) had the veteran completed (a) IN GENERAL.—The Secretary of Vet-
cation shall not be eligible to receive addi- the program of education. erans Affairs—
tional assistance under this section. (D) PAYMENT DUE UPON EMPLOYMENT.— (1) shall provide for any copayment or
(c) COVERED PROGRAMS OF EDUCATION.— (i) VETERANS WHO FIND EMPLOYMENT.—In other cost sharing with respect to health
(1) IN GENERAL.—For purposes of this sec- the case of a veteran referred to in subpara- care under the laws administered by the Sec-
tion, a covered program of education is a graph (A) who finds employment in a field retary received by a veteran during the pe-
program of education (as such term is de- related to the program of education during riod specified in subsection (b); and
fined in section 3452(b) of title 38, United the 180-day period beginning on the date on (2) shall reimburse any veteran who paid a
States Code) for training, pursued on a full- which the veteran withdraws from the pro- copayment or other cost sharing for health
time or part-time basis— gram of education, the Secretary shall pay care under the laws administered by the Sec-
(A) that— to the educational institution a pro-rated retary received by a veteran during such pe-
(i) is approved under chapter 36 of such amount under paragraph (1)(C) when the vet- riod the amount paid by the veteran.
title; eran finds such employment. (b) PERIOD SPECIFIED.—The period specified
(ii) does not lead to a bachelors or grad- (ii) VETERANS WHO DO NOT FIND EMPLOY- in this subsection is the period beginning on
uate degree; and MENT.—In the case of a veteran referred to in April 6, 2020, and ending on September 30,
(iii) is designed to provide training for a subparagraph (A) who does not find employ- 2021.
high-demand occupation, as determined ment in a field related to the program of (c) FUNDING.—In addition to amounts oth-
under paragraph (3); or education during the 180-day period begin- erwise available, there is appropriated to the
(B) that is a high technology program of ning on the date on which the veteran with- Secretary of Veterans Affairs for fiscal year
education offered by a qualified provider, draws from the program of education— 2021, out of any money in the Treasury not
under the meaning given such terms in sec- (I) the Secretary shall not make a payment otherwise appropriated, $1,000,000,000, to re-
tion 116 of the Harry W. Colmery Veterans to the educational institution under para- main available until expended, to carry out
Educational Assistance Act of 2017 (Public graph (1)(C); and this section, except for health care furnished
Law 115–48; 38 U.S.C. 3001 note). (II) the educational institution may not pursuant to section 1703(c)(2)-(c)(4) of title 38,
(2) ACCREDITED PROGRAMS.—In the case of seek payment from the veteran for any United States Code.
an accredited program of education, the pro- amount that would have been payable under SEC. 8008. EMERGENCY DEPARTMENT OF VET-
gram of education shall not be considered a ERANS AFFAIRS EMPLOYEE LEAVE
paragraph (1)(C) had the veteran found em- FUND.
covered program of education under this sec- ployment during such 180-day period.
tion if the program has received a show (a) ESTABLISHMENT; APPROPRIATION.—There
(3) HOUSING STIPEND.—For each month that is established in the Treasury the Emer-
cause order from the accreditor of the pro- an eligible veteran pursues a covered pro-
gram during the five-year period preceding gency Department of Veterans Affairs Em-
gram of education under the retraining as-
the date of the enactment of this Act. ployee Leave Fund (in this section referred
sistance program under this section, the Sec-
(3) DETERMINATION OF HIGH-DEMAND OCCUPA- to as the ‘‘Fund’’), to be administered by the
retary shall pay to the veteran a monthly
TIONS.—In carrying out this section, the Sec- Secretary of Veterans Affairs, for the pur-
housing stipend in an amount equal to—
retary shall use the list of high-demand oc- poses set forth in subsection (b). In addition
(A) in the case of a covered program of edu-
cupations compiled by the Commissioner of to amounts otherwise available, there is ap-
cation leading to a degree, or a covered pro-
Labor Statistics. propriated for fiscal year 2021, out of any
gram of education not leading to a degree, at
(4) FULL-TIME DEFINED.—For purposes of money in the Treasury not otherwise appro-
an institution of higher learning (as that
this subsection, the term ‘‘full-time’’ has the priated, $80,000,000, which shall be deposited
term is defined in section 3452(f) of title 38,
meaning given such term under section 3688 into the Fund and remain available through
United States Code) pursued on more than a
of title 38, United States Code. September 20, 2022.
(d) AMOUNT OF ASSISTANCE.— half-time basis, the amount specified under (b) PURPOSE.—Amounts in the Fund shall
(1) RETRAINING ASSISTANCE.—The Secretary subsection (c)(1)(B) of section 3313 of title 38, be available for payment to the Department
of Veterans Affairs shall provide to an eligi- United States Code; of Veterans Affairs for the use of paid leave
ble veteran pursuing a covered program of (B) in the case of a covered program of edu- by any covered employee who is unable to
education under the retraining assistance cation other than a program of education work because the employee—
program under this section an amount equal leading to a degree at an institution other (1) is subject to a Federal, State, or local
to the amount of educational assistance pay- than an institution of higher learning pur- quarantine or isolation order related to
able under section 3313(c)(1)(A) of title 38, sued on more than a half-time basis, the COVID–19;
United States Code, for each month the vet- amount specified under subsection (2) has been advised by a health care pro-
eran pursues the covered program of edu- (g)(3)(A)(ii) of such section; or vider to self-quarantine due to concerns re-
cation. Such amount shall be payable di- (C) in the case of a covered program of edu- lated to COVID–19;
rectly to the educational institution offering cation pursued on less than a half-time basis, (3) is caring for an individual who is sub-
the covered program of education pursued by or a covered program of education pursued ject to such an order or has been so advised;
the veteran as follows: solely through distance learning on more (4) is experiencing symptoms of COVID–19
(A) 50 percent of the total amount payable than a half-time basis, the amount specified and seeking a medical diagnosis;
shall be paid when the eligible veteran be- under subsection (c)(1)(B)(iii) of such section. (5) is caring for a son or daughter of such
gins the program of education. (4) FAILURE TO FIND EMPLOYMENT.—The employee if the school or place of care of the
(B) 25 percent of the total amount payable Secretary shall not make a payment under son or daughter has been closed, if the school
shall be paid when the eligible veteran com- paragraph (1)(C) with respect to an eligible of such son or daughter requires or makes
pletes the program of education. veteran who completes or fails to complete a optional a virtual learning instruction model
(C) 25 percent of the total amount payable program of education under the retraining or requires or makes optional a hybrid of in-
shall be paid when the eligible veteran finds assistance program under this section if the person and virtual learning instruction mod-
employment in a field related to the pro- veteran fails to find employment in a field els, or the child care provider of such son or
gram of education. related to the program of education within daughter is unavailable, due to COVID–19
(2) FAILURE TO COMPLETE.— the 180-period beginning on the date on precautions;
(A) PRO-RATED PAYMENTS.—In the case of a which the veteran withdraws from or com- (6) is experiencing any other substantially
veteran who pursues a covered program of pletes the program. similar condition;
(e) NO TRANSFERABILITY.—Retraining as-
education under the retraining assistance (7) is caring for a family member with a
sistance provided under this section may not
program under this section, but who does not mental or physical disability or who is 55
be transferred to another individual.
complete the program of education, the Sec- (f) LIMITATION.—Not more than 17,250 eligi- years of age or older and incapable of self-
retary shall pay to the educational institu- ble veterans may receive retraining assist- care, without regard to whether another in-
tion offering such program of education a dividual other than the employee is avail-
SSpencer on DSK126QN23PROD with SENATE
ance under this section.
pro-rated amount based on the number of (g) TERMINATION.—No retraining assistance able to care for such family member, if the
months the veteran pursued the program of may be paid under this section after the date place of care for such family member is
education in accordance with this paragraph. that is 21 months after the date of the enact- closed or the direct care provider is unavail-
(B) PAYMENT OTHERWISE DUE UPON COMPLE- ment of this Act. able due to COVID–19; or
TION OF PROGRAM.—The Secretary shall pay (h) FUNDING.—In addition to amounts oth- (8) is obtaining immunization related to
to the educational institution a pro-rated erwise available there is appropriated to the COVID–19 or to recover from any injury, dis-
amount under paragraph (1)(B) when the vet- Department of Veterans Affairs for fiscal ability, illness, or condition related to such
eran provides notice to the educational insti- year 2021, out of any money in the Treasury immunization.
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00046 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1083
(c) LIMITATIONS.— under section 2107 for the same week of un- SEC. 9016.
EXTENSION OF PANDEMIC EMER-
(1) PERIOD OF AVAILABILITY.—Paid leave employment. GENCY UNEMPLOYMENT COM-
under this section may only be provided to PENSATION.
(d) EFFECTIVE DATE.—The amendments
and used by a covered employee during the made by subsections (a) and (b) shall apply (a) IN GENERAL.—Section 2107(g) of the
period beginning on the date of enactment of as if included in the enactment of the CARES Act (15 U.S.C. 9025(g)) is amended to
this Act and ending on September 30, 2021. CARES Act (Public Law 116–136), except that read as follows:
(2) TOTAL HOURS; AMOUNT.—Paid leave no amount shall be payable by virtue of such ‘‘(g) APPLICABILITY.—An agreement en-
under this section— amendments with respect to any week of un- tered into under this section shall apply to
(A) shall be provided to a covered employee employment ending on or before March 14, weeks of unemployment—
in an amount not to exceed 600 hours of paid 2021. ‘‘(1) beginning after the date on which such
leave for each full-time employee, and in the agreement is entered into; and
SEC. 9012. EXTENSION OF EMERGENCY UNEM- ‘‘(2) ending on or before August 29, 2021.’’.
case of a part-time employee, employee on PLOYMENT RELIEF FOR GOVERN-
an uncommon tour of duty, or employee with (b) INCREASE IN NUMBER OF WEEKS.—Sec-
MENTAL ENTITIES AND NONPROFIT
a seasonal work schedule, in an amount not ORGANIZATIONS. tion 2107(b)(2) of such Act (15 U.S.C.
to exceed the proportional equivalent of 600 9025(b)(2)) is amended by striking ‘‘24’’ and
(a) IN GENERAL.—Section 903(i)(1)(D) of the
hours to the extent amounts in the Fund re- inserting ‘‘48’’.
Social Security Act (42 U.S.C. 1103(i)(1)(D)) is (c) COORDINATION OF PANDEMIC EMERGENCY
main available for reimbursement; amended by striking ‘‘March 14, 2021’’ and in-
(B) shall be paid at the same hourly rate as UNEMPLOYMENT COMPENSATION WITH EX-
serting ‘‘August 29, 2021’’. TENDED COMPENSATION.—Section 2107(a)(5)(B)
other leave payments; and (b) INCREASE IN REIMBURSEMENT RATE.—
(C) may not be provided to a covered em- of such Act (15 U.S.C. 9025(a)(5)(B)) is amend-
Section 903(i)(1)(B) of such Act (42 U.S.C. ed by inserting ‘‘or for the week that in-
ployee if the leave would result in payments 1103(i)(1)(B)) is amended—
greater than $2,800 in aggregate for any bi- cludes the date of enactment of the Amer-
(1) in the first sentence, by inserting ‘‘and ican Rescue Plan Act of 2021 (without regard
weekly pay period for a full-time employee, except as otherwise provided in this subpara-
or a proportionally equivalent biweekly to the amendments made by subsections (a)
graph’’ after ‘‘as determined by the Sec- and (b) of section 9016 of such Act)’’ after
limit for a part-time employee. retary of Labor’’; and
(3) RELATIONSHIP TO OTHER LEAVE.—Paid ‘‘2020)’’.
(2) by inserting after the first sentence the (d) SPECIAL RULE FOR EXTENDED COMPENSA-
leave under this section— following: ‘‘With respect to the amounts of TION.—Section 2107(a)(8) of such Act (15
(A) is in addition to any other leave pro- such compensation paid for weeks of unem-
vided to a covered employee; and U.S.C. 9025(a)(8)) is amended by striking
ployment beginning after March 31, 2021, and ‘‘April 12, 2021’’ and inserting ‘‘August 29,
(B) may not be used by a covered employee ending on or before August 29, 2021, the pre-
concurrently with any other paid leave. 2021’’.
ceding sentence shall be applied by sub- (e) EFFECTIVE DATE.—The amendments
(4) CALCULATION OF RETIREMENT BENEFIT.— stituting ‘75 percent’ for ‘one-half’.’’.
Any paid leave provided to a covered em- made by this section shall apply as if in-
ployee under this section shall reduce the SEC. 9013. EXTENSION OF FEDERAL PANDEMIC cluded in the enactment of the CARES Act
UNEMPLOYMENT COMPENSATION. (Public Law 116–136), except that no amount
total service used to calculate any Federal
civilian retirement benefit. (a) IN GENERAL.—Section 2104(e)(2) of the shall be payable by virtue of such amend-
(d) COVERED EMPLOYEE DEFINED.—In this CARES Act (15 U.S.C. 9023(e)(2)) is amended ments with respect to any week of unem-
section, the term ‘‘covered employee’’ means by striking ‘‘March 14, 2021’’ and inserting ployment ending on or before March 14, 2021.
an employee of the Department of Veterans ‘‘August 29, 2021’’. SEC. 9017. EXTENSION OF TEMPORARY FINANC-
Affairs appointed under chapter 74 of title 38, (b) AMOUNT.—Section 2104(b)(3)(A) of such ING OF SHORT-TIME COMPENSATION
Act (15 U.S.C. 9023(b)(3)(A)) is amended by PAYMENTS IN STATES WITH PRO-
United States Code. GRAMS IN LAW.
TITLE IX—COMMITTEE ON FINANCE adding at the end the following:
‘‘(iii) For weeks of unemployment ending Section 2108(b)(2) of the CARES Act (15
Subtitle A—Crisis Support for Unemployed U.S.C. 9026(b)(2)) is amended by striking
Workers after March 14, 2021, and ending on or before
August 29, 2021, $400.’’. ‘‘March 14, 2021’’ and inserting ‘‘August 29,
PART 1—EXTENSION OF CARES ACT 2021’’.
UNEMPLOYMENT PROVISIONS SEC. 9014. EXTENSION OF FULL FEDERAL FUND-
SEC. 9018. EXTENSION OF TEMPORARY FINANC-
ING OF THE FIRST WEEK OF COM-
SEC. 9011. EXTENSION OF PANDEMIC UNEMPLOY- ING OF SHORT-TIME COMPENSATION
PENSABLE REGULAR UNEMPLOY-
MENT ASSISTANCE. AGREEMENTS FOR STATES WITHOUT
MENT FOR STATES WITH NO WAIT-
(a) IN GENERAL.—Section 2102(c) of the PROGRAMS IN LAW.
ING WEEK.
CARES Act (15 U.S.C. 9021(c)) is amended— Section 2109(d)(2) of the CARES Act (15
(a) IN GENERAL.—Section 2105(e)(2) of the
(1) in paragraph (1)— U.S.C. 9027(d)(2)) is amended by striking
CARES Act (15 U.S.C. 9024(e)(2)) is amended
(A) by striking ‘‘paragraphs (2) and (3)’’ ‘‘March 14, 2021’’ and inserting ‘‘August 29,
by striking ‘‘March 14, 2021’’ and inserting
and inserting ‘‘paragraph (2)’’; and 2021’’.
‘‘August 29, 2021’’.
(B) in subparagraph (A)(ii), by striking PART 2—EXTENSION OF FFCRA
(b) FULL REIMBURSEMENT.—Paragraph (3)
‘‘March 14, 2021’’ and inserting ‘‘August 29, UNEMPLOYMENT PROVISIONS
of section 2105(c) of such Act (15 U.S.C.
2021’’; and SEC. 9021. EXTENSION OF TEMPORARY ASSIST-
9024(c)) is repealed and such section shall be
(2) by striking paragraph (3) and redesig- ANCE FOR STATES WITH ADVANCES.
applied to weeks of unemployment to which
nating paragraph (4) as paragraph (3). Section 1202(b)(10)(A) of the Social Secu-
an agreement under section 2105 of such Act
(b) INCREASE IN NUMBER OF WEEKS.—Sec- rity Act (42 U.S.C. 1322(b)(10)(A)) is amended
tion 2102(c)(2) of such Act (15 U.S.C. applies as if such paragraph had not been en-
acted. In implementing the preceding sen- by striking ‘‘March 14, 2021’’ and inserting
9021(c)(2)) is amended— ‘‘August 29, 2021’’.
(1) by striking ‘‘50 weeks’’ and inserting tence, a State may, if necessary, reenter the
agreement with the Secretary under section SEC. 9022. EXTENSION OF FULL FEDERAL FUND-
‘‘74 weeks’’; and ING OF EXTENDED UNEMPLOYMENT
(2) by striking ‘‘50-week period’’ and insert- 2105 of such Act, and retroactively pay for
the first week of regular compensation with- COMPENSATION.
ing ‘‘74-week period’’. (a) IN GENERAL.—Section 4105 of the Fami-
(c) HOLD HARMLESS FOR PROPER ADMINIS- out a waiting week consistent with State
law (including a waiver of State law) and re- lies First Coronavirus Response Act (26
TRATION.—In the case of an individual who is
ceive full reimbursement for weeks of unem- U.S.C. 3304 note) is amended by striking
eligible to receive pandemic unemployment ‘‘March 14, 2021’’ each place it appears and
assistance under section 2102 of the CARES ployment that ended after December 31, 2020.
inserting ‘‘August 29, 2021’’.
Act (15 U.S.C. 9021) as of the day before the SEC. 9015. EXTENSION OF EMERGENCY STATE
STAFFING FLEXIBILITY. (b) EFFECTIVE DATE.—The amendment
date of enactment of this Act and on the made by subsection (a) shall apply as if in-
date of enactment of this Act becomes eligi- If a State modifies its unemployment com- cluded in the enactment of the Families
ble for pandemic emergency unemployment pensation law and policies, subject to the First Coronavirus Response Act (Public Law
compensation under section 2107 of the succeeding sentence, with respect to per- 116–127).
CARES Act (15 U.S.C. 9025) by reason of the sonnel standards on a merit basis on an
amendments made by section 9016(b) of this emergency temporary basis as needed to re- PART 3—DEPARTMENT OF LABOR FUND-
title, any payment of pandemic unemploy- spond to the spread of COVID–19, such modi- ING FOR TIMELY, ACCURATE, AND EQUI-
ment assistance under such section 2102 fications shall be disregarded for the pur- TABLE PAYMENT
made after the date of enactment of this Act poses of applying section 303 of the Social SEC. 9031. FUNDING FOR ADMINISTRATION.
SSpencer on DSK126QN23PROD with SENATE
to such individual during an appropriate pe- Security Act and section 3304 of the Internal In addition to amounts otherwise avail-
riod of time, as determined by the Secretary Revenue Code of 1986 to such State law. Such able, there is appropriated to the Employ-
of Labor, that should have been made under modifications shall only apply through Au- ment and Training Administration of the De-
such section 2107 shall not be considered to gust 29, 2021, and shall be limited to engaging partment of Labor for fiscal year 2021, out of
be an overpayment of assistance under such of temporary staff, rehiring of retirees or any money in the Treasury not otherwise ap-
section 2102, except that an individual may former employees on a non-competitive propriated, $8,000,000, to remain available
not receive payment for assistance under basis, and other temporary actions to quick- until expended, for necessary expenses to
section 2102 and a payment for assistance ly process applications and claims. carry out Federal activities relating to the
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00047 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
S1084 CONGRESSIONAL RECORD — SENATE March 4, 2021
administration of unemployment compensa- ceeding fiscal year after the funds are award- operating a program funded under this part,
tion programs. ed, the entity shall— in accordance with clause (ii) of this sub-
SEC. 9032. FUNDING FOR FRAUD PREVENTION, ‘‘(A) not reduce funding for, or staffing lev- paragraph.
EQUITABLE ACCESS, AND TIMELY els of, the program on account of reduced en- ‘‘(ii) ALLOTMENT FORMULA.—The Secretary
PAYMENT TO ELIGIBLE WORKERS. rollment in the program; and shall allot to each such State the sum of the
Subtitle A of title II of division A of the ‘‘(B) when using funds to provide emer- following percentages of the total amount
CARES Act (Public Law 116–136) is amended gency supplies to eligible families receiving described in clause (i):
by adding at the end the following: grant services under section 511, ensure co- ‘‘(I) 50 percent, multiplied by—
‘‘SEC. 2118. FUNDING FOR FRAUD PREVENTION, ordination with local diaper banks to the ex- ‘‘(aa) the population of children in the
EQUITABLE ACCESS, AND TIMELY tent practicable; and State, determined on the basis of the most
PAYMENT TO ELIGIBLE WORKERS. ‘‘(3) reaffirm that, in conducting the pro- recent population estimates as determined
‘‘(a) IN GENERAL.—In addition to amounts gram, the entity will focus on priority popu- by the Bureau of the Census; divided by
otherwise available, there is appropriated to lations (as defined in section 511(d)(4)). ‘‘(bb) the total population of children in
the Secretary of Labor for fiscal year 2021, ‘‘(c) USES OF FUNDS.—An entity to which the States that are not territories, as so de-
out of any money in the Treasury not other- funds are provided under this section shall termined; plus
wise appropriated, $2,000,000,000, to remain use the funds—
‘‘(II) 50 percent, multiplied by—
available until expended, to detect and pre- ‘‘(1) to serve families with home visits or
‘‘(aa) the total amount expended by the
vent fraud, promote equitable access, and en- with virtual visits, that may be conducted
State for basic assistance, non-recurrent
sure the timely payment of benefits with re- by the use of electronic information and
short term benefits, and emergency assist-
spect to unemployment compensation pro- telecommunications technologies, in a serv-
ance in fiscal year 2019, as reported by the
grams, including programs extended under ice delivery model described in section
State under section 411; divided by
subtitle A of title IX of the American Rescue 511(d)(3)(A);
‘‘(bb) the total amount expended by the
Plan Act of 2021. ‘‘(2) to pay hazard pay or other additional
States that are not territories for basic as-
‘‘(b) USE OF FUNDS.—Amounts made avail- staff costs associated with providing home
sistance, non-recurrent short term benefits,
able under subsection (a) may be used— visits or administration for programs funded
and emergency assistance in fiscal year 2019,
‘‘(1) for Federal administrative costs re- under section 511;
‘‘(3) to train home visitors employed by the as so reported by the States.
lated to the purposes described in subsection
(a); entity in conducting a virtual home visit and ‘‘(B) TERRITORIES AND INDIAN TRIBES.—The
‘‘(2) for systemwide infrastructure invest- in emergency preparedness and response Secretary shall allot among the territories
ment and development related to such pur- planning for families served, and may in- and Indian tribes otherwise eligible for a
poses; and clude training on how to safely conduct inti- grant under this part such portions of 7.5
‘‘(3) to make grants to States or territories mate partner violence screenings, and train- percent of the amount specified in paragraph
administering unemployment compensation ing on safety and planning for families (1) that are not reserved under paragraph (2)
programs described in subsection (a) (includ- served to support the family outcome im- as the Secretary deems appropriate based on
ing territories administering the Pandemic provements listed in section 511(d)(2)(B); the needs of the territory or Indian tribe in-
Unemployment Assistance program under ‘‘(4) for the acquisition by families served volved.
section 2102) for such purposes, including the by programs under section 511 of such tech- ‘‘(C) EXPENDITURE COMMITMENT REQUIRE-
establishment of procedures or the building nological means as are needed to conduct MENT.—To receive the full amount of funding
of infrastructure to verify or validate iden- and support a virtual home visit; payable under this subsection, a State or In-
tity, implement Federal guidance regarding ‘‘(5) to provide emergency supplies (such as dian tribe shall inform the Secretary as to
fraud detection and prevention, and accel- diapers and diapering supplies including dia- whether it intends to use all of its allotment
erate claims processing or process claims per wipes and diaper cream, necessary to en- under this paragraph and provide that infor-
backlogs due to the pandemic. sure that a child using a diaper is properly mation—
‘‘(c) RESTRICTIONS ON GRANTS TO STATES cleaned and protected from diaper rash, for- ‘‘(i) in the case of a State that is not a ter-
AND TERRITORIES.—As a condition of receiv- mula, food, water, hand soap and hand sani- ritory, within 45 days after the date of the
ing a grant under subsection (b)(3), the Sec- tizer) to an eligible family (as defined in sec- enactment of this subsection; or
retary may require that a State or territory tion 511(k)(2)); ‘‘(ii) in the case of a territory or an Indian
receiving such a grant shall— ‘‘(6) to coordinate with and provide reim- tribe, within 90 days after such date of enact-
‘‘(1) use such program integrity tools as bursement for supplies to diaper banks when ment.
the Secretary may specify; and using such entities to provide emergency ‘‘(4) GRANTS.—
‘‘(2) as directed by the Secretary, conduct supplies specified in paragraph (5); or ‘‘(A) IN GENERAL.—The Secretary shall pro-
user accessibility testing on any new system ‘‘(7) to provide prepaid grocery cards to an vide funds to each State and Indian tribe to
developed by the Secretary pursuant to sub- eligible family (as defined in section which an amount is allotted under paragraph
section (b)(2).’’. 511(k)(2)) participating in the maternal, in- (3), from the amount so allotted.
Subtitle B—Emergency Assistance to fant, and early childhood home visiting pro- ‘‘(B) TREATMENT OF UNUSED FUNDS.—
Families Through Home Visiting Programs gram under section 511 for the purpose of en- ‘‘(i) REALLOTMENT.—The Secretary shall
abling the family to meet the emergency reallot in accordance with paragraph (3) all
SEC. 9101. EMERGENCY ASSISTANCE TO FAMI-
LIES THROUGH HOME VISITING needs of the family.’’. funds provided to any State or Indian tribe
PROGRAMS. Subtitle C—Emergency Assistance to under this subsection that are unused,
Title V of the Social Security Act (42 Children and Families among the other States and Indian tribes eli-
U.S.C. 701-713) is amended by inserting after SEC. 9201. PANDEMIC EMERGENCY ASSISTANCE. gible for funds under this subsection. For
section 511 the following: Section 403 of the Social Security Act (42 purposes of paragraph (3), the Secretary
‘‘SEC. 511A. EMERGENCY ASSISTANCE TO FAMI- U.S.C. 603) is amended by adding at the end shall treat the funds as if included in the
LIES THROUGH HOME VISITING the following: amount specified in paragraph (1).
PROGRAMS. ‘‘(c) PANDEMIC EMERGENCY ASSISTANCE.— ‘‘(ii) PROVISION.—The Secretary shall pro-
‘‘(a) SUPPLEMENTAL APPROPRIATION.—In ad- ‘‘(1) APPROPRIATION.—In addition to vide funds to each such other State or Indian
dition to amounts otherwise appropriated, amounts otherwise available, there is appro- tribe in an amount equal to the amount so
out of any money in the Treasury of the priated for fiscal year 2021, out of any money reallotted.
United States not otherwise appropriated, in the Treasury of the United States not oth- ‘‘(5) RECIPIENT OF FUNDS PROVIDED FOR TER-
there are appropriated to the Secretary erwise appropriated, $1,000,000,000, to remain RITORIES.—In the case of a territory not op-
$150,000,000, to remain available through Sep- available until expended, to carry out this erating a program funded under this part,
tember 30, 2022, to enable eligible entities to subsection. the Secretary shall provide the funds re-
conduct programs in accordance with section ‘‘(2) RESERVATION OF FUNDS FOR TECHNICAL quired to be provided to the territory under
511 and subsection (c) of this section. ASSISTANCE.—Of the amount specified in this subsection, to the agency that admin-
‘‘(b) ELIGIBILITY FOR FUNDS.—To be eligible paragraph (1), the Secretary shall reserve isters the bulk of local human services pro-
to receive funds made available by sub- $2,000,000 for administrative expenses and the grams in the territory.
section (a) of this section, an entity shall— provision of technical assistance to States ‘‘(6) USE OF FUNDS.—
‘‘(1) as of the date of the enactment of this and Indian tribes with respect to the use of ‘‘(A) IN GENERAL.—A State or Indian tribe
section, be conducting a program under sec- funds provided under this subsection. to which funds are provided under this sub-
SSpencer on DSK126QN23PROD with SENATE
tion 511; ‘‘(3) ALLOTMENTS.— section may use the funds only for non-re-
‘‘(2) ensure the modification of grants, con- ‘‘(A) 50 STATES AND THE DISTRICT OF COLUM- current short term benefits, whether in the
tracts, and other agreements, as applicable, BIA.— form of cash or in other forms.
executed under section 511 under which the ‘‘(i) TOTAL AMOUNT TO BE ALLOTTED.—The ‘‘(B) LIMITATION ON USE FOR ADMINISTRA-
program is conducted as are necessary to Secretary shall allot a total of 92.5 percent of TIVE EXPENSES.—A State to which funds are
provide that, during the period that begins the amount specified in paragraph (1) that is provided under this subsection shall not ex-
with the date of the enactment of this sec- not reserved under paragraph (2) among the pend more than 15 percent of the funds for
tion and ends with the end of the 2nd suc- States that are not a territory and that are administrative purposes.
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00048 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1085
‘‘(C) NONSUPPLANTATION.—Funds provided main available until expended, for purposes (II) the premium for such different cov-
under this subsection shall be used to supple- of requiring multiple organizations described erage does not exceed the premium for cov-
ment and not supplant other Federal, State, in paragraph (1) to provide to skilled nursing erage in which such individual was enrolled
or tribal funds for services and activities facilities (as defined in section 1819(a)), infec- at the time such qualifying event occurred;
that promote the purposes of this part. tion control and vaccination uptake support (III) the different coverage in which the in-
‘‘(D) EXPENDITURE DEADLINE.— relating to the prevention or mitigation of dividual elects to enroll is coverage that is
‘‘(i) IN GENERAL.—Except as provided in COVID-19, as determined appropriate by the also offered to similarly situated active em-
clause (ii), a State or Indian tribe to which Secretary.’’. ployees of the employer at the time at which
funds are provided under this subsection SEC. 9402. FUNDING FOR STRIKE TEAMS FOR such election is made; and
shall expend the funds not later than the end RESIDENT AND EMPLOYEE SAFETY (IV) the different coverage in which the in-
of fiscal year 2022. IN SKILLED NURSING FACILITIES. dividual elects to enroll is not—
‘‘(ii) EXCEPTION FOR REALLOTTED FUNDS.—A Section 1819 of the Social Security Act (42 (aa) coverage that provides only excepted
State or Indian tribe to which funds are pro- U.S.C. 1395i–3) is amended by adding at the benefits as defined in section 9832(c) of the
vided under paragraph (4)(B) shall expend the end the following new subsection: Internal Revenue Code of 1986, section 733(c)
funds within 12 months after receipt. ‘‘(k) FUNDING FOR STRIKE TEAMS.—In addi- of the Employee Retirement Income Secu-
‘‘(7) SUSPENSION OF TERRITORY SPENDING tion to amounts otherwise available, there is rity Act of 1974, and section 2791(c) of the
CAP.—Section 1108 shall not apply with re- appropriated to the Secretary, out of any Public Health Service Act;
spect to any funds provided under this sub- monies in the Treasury not otherwise appro- (bb) a qualified small employer health re-
section. priated, $250,000,000, to remain available imbursement arrangement (as defined in sec-
‘‘(8) DEFINITIONS.—In this subsection: until expended, for purposes of allocating tion 9831(d)(2) of the Internal Revenue Code
‘‘(A) APPLICABLE PERIOD.—The term ‘appli- such amount among the States (including of 1986); or
cable period’ means the period that begins the District of Columbia and each territory (cc) a flexible spending arrangement (as de-
with April 1, 2021, and ends with September of the United States) for such a State to es- fined in section 106(c)(2) of the Internal Rev-
30, 2022. tablish and implement a strike team that enue Code of 1986).
‘‘(B) NON-RECURRENT SHORT TERM BENE- will be deployed to a skilled nursing facility (2) LIMITATION OF PERIOD OF PREMIUM AS-
FITS.—The term ‘non-recurrent short term in the State with diagnosed or suspected SISTANCE.—
benefits’ has the meaning given the term in cases of COVID–19 among residents or staff (A) ELIGIBILITY FOR ADDITIONAL COV-
OMB approved Form ACF-196R, published on for the purposes of assisting with clinical ERAGE.—Paragraph (1)(A) shall not apply
July 31, 2014. care, infection control, or staffing during the with respect to any assistance eligible indi-
‘‘(C) STATE.—The term ‘State’ means the 50 emergency period described in section vidual described in paragraph (3) for months
States of the United States, the District of 1135(g)(1)(B) and the 1-year period imme- of coverage beginning on or after the earlier
Columbia, and the territories. diately following the end of such emergency of—
‘‘(D) TERRITORY.—The term ‘territory’ period.’’. (i) the first date that such individual is eli-
means the Commonwealth of Puerto Rico, Subtitle F—Preserving Health Benefits for gible for coverage under any other group
the United States Virgin Islands, Guam, Workers health plan (other than coverage consisting
American Samoa, and the Commonwealth of SEC. 9501. PRESERVING HEALTH BENEFITS FOR of only excepted benefits (as defined in sec-
the Northern Mariana Islands.’’. WORKERS. tion 9832(c) of the Internal Revenue Code of
Subtitle D—Elder Justice and Support (a) PREMIUM ASSISTANCE FOR COBRA CON- 1986, section 733(c) of the Employee Retire-
Guarantee TINUATION COVERAGE FOR INDIVIDUALS AND ment Income Security Act of 1974, and sec-
SEC. 9301. ADDITIONAL FUNDING FOR AGING THEIR FAMILIES.— tion 2791(c) of the Public Health Service
AND DISABILITY SERVICES PRO- (1) PROVISION OF PREMIUM ASSISTANCE.— Act), coverage under a flexible spending ar-
GRAMS. (A) REDUCTION OF PREMIUMS PAYABLE.—In rangement (as defined in section 106(c)(2) of
Subtitle A of title XX of the Social Secu- the case of any premium for a period of cov- the Internal Revenue Code of 1986), coverage
rity Act (42 U.S.C. 1397-1397h) is amended by erage during the period beginning on the under a qualified small employer health re-
adding at the end the following: first day of the first month beginning after imbursement arrangement (as defined in sec-
‘‘SEC. 2010. ADDITIONAL FUNDING FOR AGING the date of the enactment of this Act, and tion 9831(d)(2) of the Internal Revenue Code
AND DISABILITY SERVICES PRO- ending on September 30, 2021, for COBRA of 1986)), or eligible for benefits under the
GRAMS. continuation coverage with respect to any Medicare program under title XVIII of the
‘‘(a) APPROPRIATION.—In addition to assistance eligible individual described in Social Security Act; or
amounts otherwise available, there is appro- paragraph (3), such individual shall be treat- (ii) the earlier of—
priated for fiscal year 2021, out of any money ed for purposes of any COBRA continuation (I) the date following the expiration of the
in the Treasury not otherwise appropriated, provision as having paid in full the amount maximum period of continuation coverage
$276,000,000, to remain available until ex- of such premium. required under the applicable COBRA con-
pended, to carry out the programs described (B) PLAN ENROLLMENT OPTION.— tinuation coverage provision; or
in subtitle B. (i) IN GENERAL.—Solely for purposes of this (II) the date following the expiration of the
‘‘(b) USE OF FUNDS.—Of the amounts made subsection, the COBRA continuation provi- period of continuation coverage allowed
available by subsection (a)— sions shall be applied such that any assist- under paragraph (4)(B)(ii).
‘‘(1) $88,000,000 shall be made available to ance eligible individual who is enrolled in a (B) NOTIFICATION REQUIREMENT.—Any as-
carry out the programs described in subtitle group health plan offered by a plan sponsor sistance eligible individual shall notify the
B in fiscal year 2021, of which not less than may, not later than 90 days after the date of group health plan with respect to which
an amount equal to $100,0000,000 minus the notice of the plan enrollment option de- paragraph (1)(A) applies if such paragraph
amount previously provided in fiscal year scribed in this subparagraph, elect to enroll ceases to apply by reason of clause (i) of sub-
2021 to carry out section 2042(b) shall be in coverage under a plan offered by such plan paragraph (A) (as applicable). Such notice
made available to carry out such section; sponsor that is different than coverage under shall be provided to the group health plan in
and the plan in which such individual was en- such time and manner as may be specified by
‘‘(2) $188,000,000 shall be made available to rolled at the time, in the case of any assist- the Secretary of Labor.
carry out the programs described in subtitle ance eligible individual described in para- (3) ASSISTANCE ELIGIBLE INDIVIDUAL.—For
B in fiscal year 2022, of which not less than graph (3), the qualifying event specified in purposes of this section, the term ‘‘assist-
$100,000,000 shall be for activities described in section 603(2) of the Employee Retirement ance eligible individual’’ means, with respect
section 2042(b).’’. Income Security Act of 1974, section to a period of coverage during the period be-
Subtitle E—Support to Skilled Nursing 4980B(f)(3)(B) of the Internal Revenue Code of ginning on the first day of the first month
Facilities in Response to COVID–19 1986, or section 2203(2) of the Public Health beginning after the date of the enactment of
SEC. 9401. PROVIDING FOR INFECTION CONTROL
Service Act, except for the voluntary termi- this Act, and ending on September 30, 2021,
SUPPORT TO SKILLED NURSING FA- nation of such individual’s employment by any individual that is a qualified beneficiary
CILITIES THROUGH CONTRACTS such individual, occurred, and such coverage who—
WITH QUALITY IMPROVEMENT OR- shall be treated as COBRA continuation cov- (A) is eligible for COBRA continuation cov-
GANIZATIONS. erage for purposes of the applicable COBRA erage by reason of a qualifying event speci-
Section 1862(g) of the Social Security Act continuation coverage provision. fied in section 603(2) of the Employee Retire-
(42 U.S.C. 1395y(g)) is amended— (ii) REQUIREMENTS.—Any assistance eligi- ment Income Security Act of 1974, section
SSpencer on DSK126QN23PROD with SENATE
(1) by striking ‘‘The Secretary’’ and insert- ble individual may elect to enroll in dif- 4980B(f)(3)(B) of the Internal Revenue Code of
ing ‘‘(1) The Secretary’’; and ferent coverage as described in clause (i) 1986, or section 2203(2) of the Public Health
(2) by adding at the end the following new only if— Service Act, except for the voluntary termi-
paragraph: (I) the employer involved has made a de- nation of such individual’s employment by
‘‘(2) In addition to any funds otherwise termination that such employer will permit such individual; and
available, there are appropriated to the Sec- such assistance eligible individual to enroll (B) elects such coverage.
retary, out of any monies in the Treasury in different coverage as provided under this (4) EXTENSION OF ELECTION PERIOD AND EF-
not otherwise obligated, $200,000,000, to re- subparagraph; FECT ON COVERAGE.—
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00049 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
S1086 CONGRESSIONAL RECORD — SENATE March 4, 2021
(A) IN GENERAL.—For purposes of applying (B) SPECIFIC REQUIREMENTS.—Each addi- sistance eligible individual pursuant to a
section 605(a) of the Employee Retirement tional notification under subparagraph (A) limitation requiring a notice under this
Income Security Act of 1974, section shall include— paragraph, the period beginning on the day
4980B(f)(5)(A) of the Internal Revenue Code of (i) the forms necessary for establishing eli- that is 45 days before the date of such expira-
1986, and section 2205(a) of the Public Health gibility for premium assistance under this tion and ending on the day that is 15 days be-
Service Act, in the case of— subsection; fore the date of such expiration.
(i) an individual who does not have an elec- (ii) the name, address, and telephone num- (D) MODEL NOTICES.—Not later than 45 days
tion of COBRA continuation coverage in ef- ber necessary to contact the plan adminis- after the date of enactment of this Act, with
fect on the first day of the first month begin- trator and any other person maintaining rel- respect to any assistance eligible individual,
ning after the date of the enactment of this evant information in connection with such the Secretary of Labor, in consultation with
Act but who would be an assistance eligible premium assistance; the Secretary of the Treasury and the Sec-
individual described in paragraph (3) if such (iii) a description of the extended election retary of Health and Human Services, shall
election were so in effect; or period provided for in paragraph (4)(A); prescribe models for the notification re-
(ii) an individual who elected COBRA con- (iv) a description of the obligation of the quired under this paragraph.
tinuation coverage and discontinued from qualified beneficiary under paragraph (2)(B) (7) REGULATIONS.—The Secretary of the
such coverage before the first day of the first and the penalty provided under section 6720C Treasury and the Secretary of Labor may
month beginning after the date of the enact- of the Internal Revenue Code of 1986 for fail- jointly prescribe such regulations or other
ment of this Act, ure to carry out the obligation; guidance as may be necessary or appropriate
(v) a description, displayed in a prominent
such individual may elect the COBRA con- to carry out the provisions of this sub-
manner, of the qualified beneficiary’s right
tinuation coverage under the COBRA con- section, including the prevention of fraud
to a subsidized premium and any conditions
tinuation coverage provisions containing and abuse under this subsection, except that
on entitlement to the subsidized premium;
such provisions during the period beginning the Secretary of Labor and the Secretary of
and
on the first day of the first month beginning Health and Human Services may prescribe
(vi) a description of the option of the quali-
after the date of the enactment of this Act such regulations (including interim final
fied beneficiary to enroll in different cov-
and ending 60 days after the date on which regulations) or other guidance as may be
erage if the employer permits such bene-
the notification required under paragraph ficiary to elect to enroll in such different necessary or appropriate to carry out the
(5)(C) is provided to such individual. coverage under paragraph (1)(B). provisions of paragraphs (5), (6), and (8).
(B) COMMENCEMENT OF COBRA CONTINUATION (C) NOTICE IN CONNECTION WITH EXTENDED (8) OUTREACH.—
COVERAGE.—Any COBRA continuation cov- (A) IN GENERAL.—The Secretary of Labor,
ELECTION PERIODS.—In the case of any assist-
erage elected by a qualified beneficiary dur- ance eligible individual described in para- in consultation with the Secretary of the
ing an extended election period under sub- graph (3) (or any individual described in Treasury and the Secretary of Health and
paragraph (A)— paragraph (4)(A)) who became entitled to Human Services, shall provide outreach con-
(i) shall commence (including for purposes elect COBRA continuation coverage before sisting of public education and enrollment
of applying the treatment of premium pay- the first day of the first month beginning assistance relating to premium assistance
ments under paragraph (1)(A) and any cost- after the date of the enactment of this Act, provided under this subsection. Such out-
sharing requirements for items and services the administrator of the applicable group reach shall target employers, group health
under a group health plan) with the first pe- health plan (or other entity) shall provide plan administrators, public assistance pro-
riod of coverage beginning on or after the (within 60 days after such first day of such grams, States, insurers, and other entities as
first day of the first month beginning after first month) for the additional notification determined appropriate by such Secretaries.
the date of the enactment of this Act, and required to be provided under subparagraph Such outreach shall include an initial focus
(ii) shall not extend beyond the period of (A) and failure to provide such notice shall on those individuals electing continuation
COBRA continuation coverage that would be treated as a failure to meet the notice re- coverage who are referred to in paragraph
have been required under the applicable quirements under the applicable COBRA con- (5)(C). Information on such premium assist-
COBRA continuation coverage provision if tinuation provision. ance, including enrollment, shall also be
the coverage had been elected as required (D) MODEL NOTICES.—Not later than 30 days made available on websites of the Depart-
under such provision or had not been discon- after the date of enactment of this Act, with ments of Labor, Treasury, and Health and
tinued. respect to any assistance eligible individual Human Services.
(5) NOTICES TO INDIVIDUALS.— described in paragraph (3), the Secretary of (B) ENROLLMENT UNDER MEDICARE.—The
(A) GENERAL NOTICE.— Labor, in consultation with the Secretary of Secretary of Health and Human Services
(i) IN GENERAL.—In the case of notices pro- the Treasury and the Secretary of Health shall provide outreach consisting of public
vided under section 606(a)(4) of the Employee and Human Services, shall prescribe models education. Such outreach shall target indi-
Retirement Income Security Act of 1974 (29 for the additional notification required viduals who lose health insurance coverage.
U.S.C. 1166(4)), section 4980B(f)(6)(D) of the under this paragraph. Such outreach shall include information re-
Internal Revenue Code of 1986, or section (6) NOTICE OF EXPIRATION OF PERIOD OF PRE- garding enrollment for Medicare benefits for
2206(4) of the Public Health Service Act (42 MIUM ASSISTANCE.— purposes of preventing mistaken delays of
U.S.C. 300bb–6(4)), with respect to individuals (A) IN GENERAL.—With respect to any as- such enrollment by such individuals, includ-
who, during the period described in para- sistance eligible individual, subject to sub- ing lifetime penalties for failure of timely
graph (3), become entitled to elect COBRA paragraph (B), the requirements of section enrollment.
continuation coverage, the requirements of 606(a)(4) of the Employee Retirement Income (9) DEFINITIONS.—For purposes of this sec-
such provisions shall not be treated as met Security Act of 1974 (29 U.S.C. 1166(4)), sec- tion:
unless such notices include an additional tion 4980B(f)(6)(D) of the Internal Revenue (A) ADMINISTRATOR.—The term ‘‘adminis-
written notification to the recipient in clear Code of 1986, or section 2206(4) of the Public trator’’ has the meaning given such term in
and understandable language of— Health Service Act (42 U.S.C. 300bb–6(4)), section 3(16)(A) of the Employee Retirement
(I) the availability of premium assistance shall not be treated as met unless the plan Income Security Act of 1974, and includes a
with respect to such coverage under this sub- administrator of the individual, during the COBRA administrator.
section; and period specified under subparagraph (C), pro- (B) COBRA CONTINUATION COVERAGE.—The
(II) the option to enroll in different cov- vides to such individual a written notice in term ‘‘COBRA continuation coverage’’
erage if the employer permits assistance eli- clear and understandable language— means continuation coverage provided pur-
gible individuals described in paragraph (3) (i) that the premium assistance for such suant to part 6 of subtitle B of title I of the
to elect enrollment in different coverage (as individual will expire soon and the promi- Employee Retirement Income Security Act
described in paragraph (1)(B)). nent identification of the date of such expi- of 1974 (other than under section 609), title
(ii) ALTERNATIVE NOTICE.—In the case of ration; and XXII of the Public Health Service Act, or
COBRA continuation coverage to which the (ii) that such individual may be eligible for section 4980B of the Internal Revenue Code of
notice provision under such sections does not coverage without any premium assistance 1986 (other than subsection (f)(1) of such sec-
apply, the Secretary of Labor, in consulta- through— tion insofar as it relates to pediatric vac-
tion with the Secretary of the Treasury and (I) COBRA continuation coverage; or cines), or under a State program that pro-
the Secretary of Health and Human Services, (II) coverage under a group health plan. vides comparable continuation coverage.
shall, in consultation with administrators of (B) EXCEPTION.—The requirement for the Such term does not include coverage under a
the group health plans (or other entities) group health plan administrator to provide health flexible spending arrangement under
SSpencer on DSK126QN23PROD with SENATE
that provide or administer the COBRA con- the written notice under subparagraph (A) a cafeteria plan within the meaning of sec-
tinuation coverage involved, provide rules shall be waived if the premium assistance for tion 125 of the Internal Revenue Code of 1986.
requiring the provision of such notice. such individual expires pursuant to clause (i) (C) COBRA CONTINUATION PROVISION.—The
(iii) FORM.—The requirement of the addi- of paragraph (2)(A). term ‘‘COBRA continuation provision’’
tional notification under this subparagraph (C) PERIOD SPECIFIED.—For purposes of sub- means the provisions of law described in sub-
may be met by amendment of existing notice paragraph (A), the period specified in this paragraph (B).
forms or by inclusion of a separate document subparagraph is, with respect to the date of (D) COVERED EMPLOYEE.—The term ‘‘cov-
with the notice otherwise required. expiration of premium assistance for any as- ered employee’’ has the meaning given such
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00050 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1087
term in section 607(2) of the Employee Re- quarter shall not exceed the tax imposed by ‘‘(g) REGULATIONS.—The Secretary shall
tirement Income Security Act of 1974. section 3111(b), or so much of the taxes im- issue such regulations, or other guidance,
(E) QUALIFIED BENEFICIARY.—The term posed under section 3221(a) as are attrib- forms, instructions, and publications, as may
‘‘qualified beneficiary’’ has the meaning utable to the rate in effect under section be necessary or appropriate to carry out this
given such term in section 607(3) of the Em- 3111(b), for such calendar quarter (reduced by section, including—
ployee Retirement Income Security Act of any credits allowed against such taxes under ‘‘(1) the requirement to report information
1974. sections 3131, 3132, and 3134) on the wages or the establishment of other methods for
(F) GROUP HEALTH PLAN.—The term ‘‘group paid with respect to the employment of all verifying the correct amounts of reimburse-
health plan’’ has the meaning given such employees of the employer. ments under this section,
term in section 607(1) of the Employee Re- ‘‘(2) REFUNDABILITY OF EXCESS CREDIT.— ‘‘(2) the application of this section to group
tirement Income Security Act of 1974. ‘‘(A) CREDIT IS REFUNDABLE.—If the amount health plans that are multiemployer plans
(G) STATE.—The term ‘‘State’’ includes the of the credit under subsection (a) exceeds the (as defined in section 3(37) of the Employee
District of Columbia, the Commonwealth of limitation of paragraph (1) for any calendar Retirement Income Security Act of 1974),
Puerto Rico, the Virgin Islands, Guam, quarter, such excess shall be treated as an ‘‘(3) to allow the advance payment of the
American Samoa, and the Commonwealth of overpayment that shall be refunded under credit determined under subsection (a), sub-
the Northern Mariana Islands. sections 6402(a) and 6413(b). ject to the limitations provided in this sec-
(H) PERIOD OF COVERAGE.—Any reference in ‘‘(B) CREDIT MAY BE ADVANCED.—In antici- tion, based on such information as the Sec-
this subsection to a period of coverage shall pation of the credit, including the refundable retary shall require,
be treated as a reference to a monthly or portion under subparagraph (A), the credit ‘‘(4) to provide for the reconciliation of
shorter period of coverage with respect to may be advanced, according to forms and in- such advance payment with the amount of
which premiums are charged with respect to structions provided by the Secretary, up to the credit at the time of filing the return of
such coverage. an amount calculated under subsection (a) tax for the applicable quarter or taxable
(I) PLAN SPONSOR.—The term ‘‘plan spon- through the end of the most recent payroll year, and
sor’’ has the meaning given such term in sec- period in the quarter. ‘‘(5) allowing the credit to third party
tion 3(16)(B) of the Employee Retirement In- ‘‘(C) TREATMENT OF DEPOSITS.—The Sec- payors (including professional employer or-
come Security Act of 1974. retary shall waive any penalty under section ganizations, certified professional employer
(J) PREMIUM.—The term ‘‘premium’’ in- 6656 for any failure to make a deposit of the organizations, or agents under section
cludes, with respect to COBRA continuation tax imposed by section 3111(b), or so much of 3504).’’.
coverage, any administrative fee. the taxes imposed under section 3221(a) as (B) CLERICAL AMENDMENT.—The table of
(10) IMPLEMENTATION FUNDING.—In addition are attributable to the rate in effect under sections for subchapter B of chapter 65 of the
to amounts otherwise made available, out of section 3111(b), if the Secretary determines Internal Revenue Code of 1986 is amended by
any funds in the Treasury not otherwise ap- that such failure was due to the anticipation adding at the end the following new item:
propriated, there are appropriated to the of the credit allowed under this section. ‘‘Sec. 6432. Continuation coverage premium
Secretary of Labor for fiscal year 2021, ‘‘(D) TREATMENT OF PAYMENTS.—For pur- assistance.’’.
$10,000,000, to remain available until ex- poses of section 1324 of title 31, United States (C) EFFECTIVE DATE.—The amendments
pended, for the Employee Benefits Security Code, any amounts due to an employer under made by this paragraph shall apply to pre-
Administration to carry out the provisions this paragraph shall be treated in the same miums to which subsection (a)(1)(A) applies
of this subtitle. manner as a refund due from a credit provi- and wages paid on or after April 1, 2021.
(b) COBRA PREMIUM ASSISTANCE.— sion referred to in subsection (b)(2) of such (D) SPECIAL RULE IN CASE OF EMPLOYEE
(1) ALLOWANCE OF CREDIT.— section. PAYMENT THAT IS NOT REQUIRED UNDER THIS
(A) IN GENERAL.—Subchapter B of chapter ‘‘(3) OVERSTATEMENTS.—Any overstatement SECTION.—
65 of the Internal Revenue Code of 1986 is of the credit to which a person is entitled (i) IN GENERAL.—In the case of an assist-
amended by adding at the end the following under this section (and any amount paid by ance eligible individual who pays, with re-
new section: the Secretary as a result of such overstate- spect any period of coverage to which sub-
‘‘SEC. 6432. CONTINUATION COVERAGE PREMIUM ment) shall be treated as an underpayment section (a)(1)(A) applies, any amount of the
ASSISTANCE. by such person of the taxes described in premium for such coverage that the indi-
‘‘(a) IN GENERAL.—The person to whom pre- paragraph (1) and may be assessed and col- vidual would have (but for this Act) been re-
miums are payable for continuation cov- lected by the Secretary in the same manner quired to pay, the person to whom such pay-
erage under section 9501(a)(1) of the Amer- as such taxes. ment is payable shall reimburse such indi-
ican Rescue Plan Act of 2021 shall be allowed ‘‘(d) GOVERNMENTAL ENTITIES.—For pur-
as a credit against the tax imposed by sec- vidual for the amount of such premium paid.
poses of this section, the term ‘person’ in- (ii) CREDIT OF REIMBURSEMENT.—A person
tion 3111(b), or so much of the taxes imposed cludes the government of any State or polit-
under section 3221(a) as are attributable to to which clause (i) applies shall be allowed a
ical subdivision thereof, any Indian tribal
the rate in effect under section 3111(b), for credit in the manner provided under section
government (as defined in section 139E(c)(1)),
each calendar quarter an amount equal to 6432 of the Internal Revenue Code of 1986 for
any agency or instrumentality of any of the
the premiums not paid by assistance eligible any payment made to the employee under
foregoing, and any agency or instrumen-
individuals for such coverage by reason of such clause.
tality of the Government of the United
such section 9501(a)(1) with respect to such States that is described in section 501(c)(1) (iii) PAYMENT OF CREDITS.—Any person to
calendar quarter. and exempt from taxation under section which clause (i) applies shall make the pay-
‘‘(b) PERSON TO WHOM PREMIUMS ARE PAY- 501(a). ment required under such clause to the indi-
ABLE.—For purposes of subsection (a), except ‘‘(e) DENIAL OF DOUBLE BENEFIT.—For pur- vidual not later than 60 days after the date
as otherwise provided by the Secretary, the poses of chapter 1, the gross income of any on which such individual made the premium
person to whom premiums are payable under person allowed a credit under this section payment.
such continuation coverage shall be treated shall be increased for the taxable year which (2) PENALTY FOR FAILURE TO NOTIFY HEALTH
as being— includes the last day of any calendar quarter PLAN OF CESSATION OF ELIGIBILITY FOR PRE-
‘‘(1) in the case of any group health plan with respect to which such credit is allowed MIUM ASSISTANCE.—
which is a multiemployer plan (as defined in by the amount of such credit. No credit shall (A) IN GENERAL.—Part I of subchapter B of
section 3(37) of the Employee Retirement In- be allowed under this section with respect to chapter 68 of the Internal Revenue Code of
come Security Act of 1974), the plan, any amount which is taken into account as 1986 is amended by adding at the end the fol-
‘‘(2) in the case of any group health plan qualified wages under section 2301 of the lowing new section:
not described in paragraph (1)— CARES Act or section 3134 of this title or as ‘‘SEC. 6720C. PENALTY FOR FAILURE TO NOTIFY
‘‘(A) which is subject to the COBRA con- qualified health plan expenses under section HEALTH PLAN OF CESSATION OF
tinuation provisions contained in— 7001(d) or 7003(d) of the Families First ELIGIBILITY FOR CONTINUATION
‘‘(i) the Internal Revenue Code of 1986, Coronavirus Response Act or section 3131 or COVERAGE PREMIUM ASSISTANCE.
‘‘(ii) the Employee Retirement Income Se- 3132 of this title. ‘‘(a) IN GENERAL.—Except in the case of a
curity Act of 1974, or ‘‘(f) EXTENSION OF LIMITATION ON ASSESS- failure described in subsection (b) or (c), any
‘‘(iii) the Public Health Service Act, or MENT.—Notwithstanding section 6501, the person required to notify a group health plan
‘‘(B) under which some or all of the cov- limitation on the time period for the assess- under section 9501(a)(2)(B) of the American
erage is not provided by insurance, ment of any amount attributable to a credit Rescue Plan Act of 2021 who fails to make
the employer maintaining the plan, and claimed under this section shall not expire such a notification at such time and in such
SSpencer on DSK126QN23PROD with SENATE
‘‘(3) in the case of any group health plan before the date that is 5 years after the later manner as the Secretary of Labor may re-
not described in paragraph (1) or (2), the in- of— quire shall pay a penalty of $250 for each
surer providing the coverage under the group ‘‘(1) the date on which the original return such failure.
health plan. which includes the calendar quarter with re- ‘‘(b) INTENTIONAL FAILURE.—In the case of
‘‘(c) LIMITATIONS AND REFUNDABILITY.— spect to which such credit is determined is any such failure that is fraudulent, such per-
‘‘(1) CREDIT LIMITED TO CERTAIN EMPLOY- filed, or son shall pay a penalty equal to the greater
MENT TAXES.—The credit allowed by sub- ‘‘(2) the date on which such return is treat- of—
section (a) with respect to any calendar ed as filed under section 6501(b)(2). ‘‘(1) $250, or
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00051 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
S1088 CONGRESSIONAL RECORD — SENATE March 4, 2021
‘‘(2) 110 percent of the premium assistance ‘‘(c) ELIGIBLE INDIVIDUAL.—For purposes of ‘‘(G) MATHEMATICAL OR CLERICAL ERROR AU-
provided under section 9501(a)(1)(A) of the this section, the term ‘eligible individual’ THORITY.—Any omission of a correct valid
American Rescue Plan Act of 2021 after ter- means any individual other than— identification number required under this
mination of eligibility under such section. ‘‘(1) any nonresident alien individual, paragraph shall be treated as a mathe-
‘‘(c) REASONABLE CAUSE EXCEPTION.—No ‘‘(2) any individual who is a dependent of matical or clerical error for purposes of ap-
penalty shall be imposed under this section another taxpayer for a taxable year begin- plying section 6213(g)(2) to such omission.
with respect to any failure if it is shown that ning in the calendar year in which the indi- ‘‘(3) CREDIT TREATED AS REFUNDABLE.—The
such failure is due to reasonable cause and vidual’s taxable year begins, and credit allowed by subsection (a) shall be
not to willful neglect.’’. ‘‘(3) an estate or trust. treated as allowed by subpart C of part IV of
(B) CLERICAL AMENDMENT.—The table of ‘‘(d) LIMITATION BASED ON ADJUSTED GROSS subchapter A of chapter 1.
sections of part I of subchapter B of chapter INCOME.— ‘‘(f) COORDINATION WITH ADVANCE REFUNDS
68 of such Code is amended by adding at the ‘‘(1) IN GENERAL.—The amount of the credit OF CREDIT.—
end the following new item: allowed by subsection (a) (determined with- ‘‘(1) REDUCTION OF REFUNDABLE CREDIT.—
‘‘Sec. 6720C. Penalty for failure to notify out regard to this subsection and subsection The amount of the credit which would (but
health plan of cessation of eli- (f)) shall be reduced (but not below zero) by for this paragraph) be allowable under sub-
gibility for continuation cov- the amount which bears the same ratio to
section (a) shall be reduced (but not below
erage premium assistance.’’. such credit (as so determined) as—
zero) by the aggregate refunds and credits
(3) C OORDINATION WITH HCTC.— ‘‘(A) the excess of—
made or allowed to the taxpayer (or, except
(A) I N GENERAL .—Section 35(g)(9) of the In- ‘‘(i) the taxpayer’s adjusted gross income
as otherwise provided by the Secretary, any
ternal Revenue Code of 1986 is amended to for such taxable year, over
dependent of the taxpayer) under subsection
read as follows: ‘‘(ii) $75,000, bears to
(g). Any failure to so reduce the credit shall
‘‘(9) CONTINUATION COVERAGE PREMIUM AS- ‘‘(B) $5,000.
be treated as arising out of a mathematical
SISTANCE.—In the case of an assistance eligi-
‘‘(2) SPECIAL RULES.—
or clerical error and assessed according to
ble individual who receives premium assist- ‘‘(A) JOINT RETURN OR SURVIVING SPOUSE.—
section 6213(b)(1).
ance for continuation coverage under section In the case of a joint return or a surviving
spouse (as defined in section 2(a)), paragraph ‘‘(2) JOINT RETURNS.—Except as otherwise
9501(a)(1) of the American Rescue Plan Act of provided by the Secretary, in the case of a
(1) shall be applied by substituting ‘$150,000’
2021 for any month during the taxable year, refund or credit made or allowed under sub-
for ‘$75,000’ and ‘$10,000’ for ‘$5,000’.
such individual shall not be treated as an eli- section (g) with respect to a joint return,
‘‘(B) HEAD OF HOUSEHOLD.—In the case of a
gible individual, a certified individual, or a half of such refund or credit shall be treated
head of household (as defined in section 2(b)),
qualifying family member for purposes of as having been made or allowed to each indi-
paragraph (1) shall be applied by substituting
this section or section 7527 with respect to vidual filing such return.
‘$112,500’ for ‘$75,000’ and ‘$7,500’ for ‘$5,000’.
such month.’’. ‘‘(e) DEFINITIONS AND SPECIAL RULES.— ‘‘(g) ADVANCE REFUNDS AND CREDITS.—
(B) EFFECTIVE DATE.—The amendment ‘‘(1) DEPENDENT DEFINED.—For purposes of ‘‘(1) IN GENERAL.—Subject to paragraphs (5)
made by subparagraph (A) shall apply to tax- this section, the term ‘dependent’ has the and (6), each individual who was an eligible
able years ending after the date of the enact- meaning given such term by section 152. individual for such individual’s first taxable
ment of this Act. ‘‘(2) IDENTIFICATION NUMBER REQUIRE- year beginning in 2019 shall be treated as
(4) EXCLUSION OF CONTINUATION COVERAGE MENT.— having made a payment against the tax im-
PREMIUM ASSISTANCE FROM GROSS INCOME.— ‘‘(A) IN GENERAL.—In the case of a return posed by chapter 1 for such taxable year in
(A) IN GENERAL.—Part III of subchapter B other than a joint return, the $1,400 amount an amount equal to the advance refund
of chapter 1 of the Internal Revenue Code of in subsection (b)(1) shall be treated as being amount for such taxable year.
1986 is amended by inserting after section zero unless the taxpayer includes the valid ‘‘(2) ADVANCE REFUND AMOUNT.—
139H the following new section: identification number of the taxpayer on the ‘‘(A) IN GENERAL.—For purposes of para-
‘‘SEC. 139I. CONTINUATION COVERAGE PREMIUM return of tax for the taxable year. graph (1), the advance refund amount is the
ASSISTANCE. ‘‘(B) JOINT RETURNS.—In the case of a joint amount that would have been allowed as a
‘‘In the case of an assistance eligible indi- return, the $2,800 amount in subsection (b)(1) credit under this section for such taxable
vidual (as defined in subsection (a)(3) of sec- shall be treated as being— year if this section (other than subsection (f)
tion 9501 of the American Rescue Plan Act of ‘‘(i) $1,400 if the valid identification num- and this subsection) had applied to such tax-
2021), gross income does not include any pre- ber of only 1 spouse is included on the return able year.
mium assistance provided under subsection of tax for the taxable year, and ‘‘(B) TREATMENT OF DECEASED INDIVID-
(a)(1) of such section.’’. ‘‘(ii) zero if the valid identification number UALS.—For purposes of determining the ad-
(B) CLERICAL AMENDMENT.—The table of of neither spouse is so included. vance refund amount with respect to such
sections for part III of subchapter B of chap- ‘‘(C) DEPENDENTS.—A dependent shall not taxable year—
ter 1 of such Code is amended by inserting be taken into account under subsection (b)(2) ‘‘(i) any individual who was deceased be-
after the item relating to section 139H the unless the valid identification number of fore January 1, 2021, shall be treated for pur-
following new item: such dependent is included on the return of poses of applying subsection (e)(2) in the
‘‘Sec. 139I. Continuation coverage premium tax for the taxable year. same manner as if the valid identification
assistance.’’. ‘‘(D) VALID IDENTIFICATION NUMBER.— number of such person was not included on
(C) EFFECTIVE DATE.—The amendments ‘‘(i) IN GENERAL.—For purposes of this the return of tax for such taxable year (ex-
made by this paragraph shall apply to tax- paragraph, the term ‘valid identification cept that subparagraph (E) thereof shall not
able years ending after the date of the enact- number’ means a social security number apply),
ment of this Act. issued to an individual by the Social Secu- ‘‘(ii) notwithstanding clause (i), in the case
Subtitle G—Promoting Economic Security rity Administration on or before the due of a joint return with respect to which only
PART 1—2021 RECOVERY REBATES TO date for filing the return for the taxable 1 spouse is deceased before January 1, 2021,
INDIVIDUALS year. such deceased spouse was a member of the
SEC. 9601. 2021 RECOVERY REBATES TO INDIVID- ‘‘(ii) ADOPTION TAXPAYER IDENTIFICATION Armed Forces of the United States at any
UALS. NUMBER.—For purposes of subparagraph (C), time during the taxable year, and the valid
(a) IN GENERAL.—Subchapter B of chapter in the case of a dependent who is adopted or identification number of such deceased
65 of the Internal Revenue Code of 1986 is placed for adoption, the term ‘valid identi- spouse is included on the return of tax for
amended by inserting after section 6428A the fication number’ shall include the adoption the taxable year, the valid identification
following new section: taxpayer identification number of such de- number of 1 (and only 1) spouse shall be
‘‘SEC. 6428B. 2021 RECOVERY REBATES TO INDI- pendent. treated as included on the return of tax for
VIDUALS. ‘‘(E) SPECIAL RULE FOR MEMBERS OF THE the taxable year for purposes of applying
‘‘(a) IN GENERAL.—In the case of an eligible ARMED FORCES.—Subparagraph (B) shall not subsection (e)(2)(B) with respect to such
individual, there shall be allowed as a credit apply in the case where at least 1 spouse was joint return, and
against the tax imposed by subtitle A for the a member of the Armed Forces of the United ‘‘(iii) no amount shall be determined under
first taxable year beginning in 2021 an States at any time during the taxable year subsection (e)(2) with respect to any depend-
amount equal to the 2021 rebate amount de- and the valid identification number of at ent of the taxpayer if the taxpayer (both
termined for such taxable year. least 1 spouse is included on the return of spouses in the case of a joint return) was de-
‘‘(b) 2021 REBATE AMOUNT.—For purposes of tax for the taxable year. ceased before January 1, 2021.
SSpencer on DSK126QN23PROD with SENATE
this section, the term ‘2021 rebate amount’ ‘‘(F) COORDINATION WITH CERTAIN ADVANCE ‘‘(3) TIMING AND MANNER OF PAYMENTS.—
means, with respect to any taxpayer for any PAYMENTS.—In the case of any payment de- The Secretary shall, subject to the provi-
taxable year, the sum of— termined pursuant to subsection (g)(6), a sions of this title and consistent with rules
‘‘(1) $1,400 ($2,800 in the case of a joint re- valid identification number shall be treated similar to the rules of subparagraphs (B) and
turn), plus for purposes of this paragraph as included on (C) of section 6428A(f)(3), refund or credit any
‘‘(2) $1,400 multiplied by the number of de- the taxpayer’s return of tax if such valid overpayment attributable to this subsection
pendents of the taxpayer for such taxable identification number is available to the as rapidly as possible, consistent with a
year. Secretary as described in such subsection. rapid effort to make payments attributable
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00052 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1089
to such overpayments electronically if ap- ‘‘(1) regulations or other guidance pro- (A) to whom a credit is allowed against
propriate. No refund or credit shall be made viding taxpayers the opportunity to provide taxes imposed by the possession by reason of
or allowed under this subsection after De- the Secretary information sufficient to allow the amendments made by this section, or
cember 31, 2021. the Secretary to make payments to such (B) who is eligible for a payment under a
‘‘(4) NO INTEREST.—No interest shall be al- taxpayers under subsection (g) (including the plan described in paragraph (2).
lowed on any overpayment attributable to determination of the amount of such pay- (5) MIRROR CODE TAX SYSTEM.—For pur-
this subsection. ment) if such information is not otherwise poses of this subsection, the term ‘‘mirror
‘‘(5) APPLICATION TO INDIVIDUALS WHO HAVE available to the Secretary, and code tax system’’ means, with respect to any
FILED A RETURN OF TAX FOR 2020.— ‘‘(2) regulations or other guidance to en- possession of the United States, the income
‘‘(A) APPLICATION TO 2020 RETURNS FILED AT sure to the maximum extent administra- tax system of such possession if the income
TIME OF INITIAL DETERMINATION.—If, at the tively practicable that, in determining the tax liability of the residents of such posses-
time of any determination made pursuant to amount of any credit under subsection (a) sion under such system is determined by ref-
paragraph (3), the individual referred to in and any credit or refund under subsection erence to the income tax laws of the United
paragraph (1) has filed a return of tax for the (g), an individual is not taken into account States as if such possession were the United
individual’s first taxable year beginning in more than once, including by different tax- States.
2020, paragraph (1) shall be applied with re- payers and including by reason of a change (6) TREATMENT OF PAYMENTS.—For purposes
spect to such individual by substituting in joint return status or dependent status be- of section 1324 of title 31, United States Code,
‘2020’ for ‘2019’. tween the taxable year for which an advance the payments under this subsection shall be
‘‘(B) ADDITIONAL PAYMENT.— refund amount is determined and the taxable treated in the same manner as a refund due
‘‘(i) IN GENERAL.—In the case of any indi- year for which a credit under subsection (a) from a credit provision referred to in sub-
vidual who files, before the additional pay- is determined. section (b)(2) of such section.
ment determination date, a return of tax for ‘‘(i) OUTREACH.—The Secretary shall carry (c) ADMINISTRATIVE PROVISIONS.—
such individual’s first taxable year beginning (1) DEFINITION OF DEFICIENCY.—Section
out a robust and comprehensive outreach
in 2020, the Secretary shall make a payment 6211(b)(4)(A) of the Internal Revenue Code of
program to ensure that all taxpayers de-
(in addition to any payment made under 1986 is amended by striking ‘‘6428, and 6428A’’
scribed in subsection (h)(1) learn of their eli-
paragraph (1)) to such individual equal to the and inserting ‘‘6428, 6428A, and 6428B’’.
excess (if any) of— gibility for the advance refunds and credits
under subsection (g); are advised of the op- (2) EXCEPTION FROM REDUCTION OR OFF-
‘‘(I) the amount which would be deter- SET.—Any refund payable by reason of sec-
mined under paragraph (1) (after the applica- portunity to receive such advance refunds
and credits as provided under subsection tion 6428B(g) of the Internal Revenue Code of
tion of subparagraph (A)) by applying para- 1986 (as added by this section), or any such
graph (1) as of the additional payment deter- (h)(1); and are provided assistance in apply-
refund payable by reason of subsection (b) of
mination date, over ing for such advance refunds and credits.’’.
this section, shall not be —
‘‘(II) the amount of any payment made (b) TREATMENT OF CERTAIN POSSESSIONS.— (A) subject to reduction or offset pursuant
with respect to such individual under para- (1) PAYMENTS TO POSSESSIONS WITH MIRROR to subsection (c), (d), (e), or (f) of section 6402
graph (1). CODE TAX SYSTEMS.—The Secretary of the of the Internal Revenue Code of 1986, or
‘‘(ii) ADDITIONAL PAYMENT DETERMINATION Treasury shall pay to each possession of the (B) reduced or offset by other assessed Fed-
DATE.—The term ‘additional payment deter- United States which has a mirror code tax eral taxes that would otherwise be subject to
mination date’ means the earlier of— system amounts equal to the loss (if any) to levy or collection.
‘‘(I) the date which is 90 days after the 2020 that possession by reason of the amendments (3) CONFORMING AMENDMENTS.—
calendar year filing deadline, or made by this section. Such amounts shall be (A) Paragraph (2) of section 1324(b) of title
‘‘(II) September 1, 2021. determined by the Secretary of the Treasury 31, United States Code, is amended by insert-
‘‘(iii) 2020 CALENDAR YEAR FILING DEAD- based on information provided by the gov- ing ‘‘6428B,’’ after ‘‘6428A,’’.
LINE.—The term ‘2020 calendar year filing ernment of the respective possession. (B) The table of sections for subchapter B
deadline’ means the date specified in section (2) PAYMENTS TO OTHER POSSESSIONS.—The of chapter 65 of the Internal Revenue Code of
6072(a) with respect to returns for calendar Secretary of the Treasury shall pay to each 1986 is amended by inserting after the item
year 2020. Such date shall be determined possession of the United States which does relating to section 6428A the following new
after taking into account any period dis- not have a mirror code tax system amounts item:
regarded under section 7508A if such dis- estimated by the Secretary of the Treasury
regard applies to substantially all returns as being equal to the aggregate benefits (if ‘‘Sec. 6428B. 2021 recovery rebates to individ-
for calendar year 2020 to which section any) that would have been provided to resi- uals.’’.
6072(a) applies. dents of such possession by reason of the (d) APPROPRIATIONS.—Immediately upon
‘‘(6) APPLICATION TO CERTAIN INDIVIDUALS amendments made by this section if a mirror the enactment of this Act, in addition to
WHO HAVE NOT FILED A RETURN OF TAX FOR 2019 code tax system had been in effect in such amounts otherwise available, there are ap-
OR 2020 AT TIME OF DETERMINATION.—In the possession. The preceding sentence shall not propriated for fiscal year 2021, out of any
case of any individual who, at the time of apply unless the respective possession has a money in the Treasury not otherwise appro-
any determination made pursuant to para- plan, which has been approved by the Sec- priated:
graph (3), has filed a tax return for neither retary of the Treasury, under which such (1) $1,464,500,000 to remain available until
the year described in paragraph (1) nor for possession will promptly distribute such pay- September 30, 2023 for necessary expenses for
the year described in paragraph (5)(A), the ments to its residents. the Internal Revenue Service for the admin-
Secretary shall, consistent with rules simi- (3) INCLUSION OF ADMINISTRATIVE EX- istration of the advance payments, the provi-
lar to the rules of section 6428A(f)(5)(H)(i), PENSES.—The Secretary of the Treasury shall sion of taxpayer assistance, and the further-
apply paragraph (1) on the basis of informa- pay to each possession of the United States ance of integrated, modernized, and secure
tion available to the Secretary and shall, on to which the Secretary makes a payment Internal Revenue Service systems, of which
the basis of such information, determine the under paragraph (1) or (2) an amount equal up to $20,000,000 is available for premium pay
advance refund amount with respect to such to the lesser of— for services related to the development of in-
individual without regard to subsection (d) (A) the increase (if any) of the administra- formation technology as determined by the
unless the Secretary has reason to know that tive expenses of such possession— Commissioner of the Internal Revenue oc-
such amount would otherwise be reduced by (i) in the case of a possession described in curring between January 1, 2020 and Decem-
reason of such subsection. paragraph (1), by reason of the amendments ber 31, 2022, and all of which shall supple-
‘‘(7) SPECIAL RULE RELATED TO TIME OF FIL- made by this section, and ment and not supplant any other appropria-
ING RETURN.—Solely for purposes of this sub- (ii) in the case of a possession described in tions that may be available for this purpose.
section, a return of tax shall not be treated paragraph (2), by reason of carrying out the (2) $7,000,000 to remain available until Sep-
as filed until such return has been processed plan described in such paragraph, or tember 30, 2022, for necessary expenses for
by the Internal Revenue Service. (B) $500,000 ($10,000,000 in the case of Puerto the Bureau of the Fiscal Service to carry out
‘‘(8) RESTRICTION ON USE OF CERTAIN PRE- Rico). this section (and the amendments made by
VIOUSLY ISSUED PREPAID DEBIT CARDS.—Pay- The amount described in subparagraph (A) this section), which shall supplement and
ments made by the Secretary to individuals shall be determined by the Secretary of the not supplant any other appropriations that
under this section shall not be in the form of Treasury based on information provided by may be available for this purpose, and
an increase in the balance of any previously the government of the respective possession. (3) $8,000,000 to remain available until Sep-
SSpencer on DSK126QN23PROD with SENATE
issued prepaid debit card if, as of the time of (4) COORDINATION WITH CREDIT ALLOWED tember 30, 2023, for the Treasury Inspector
the issuance of such card, such card was AGAINST UNITED STATES INCOME TAXES.—No General for Tax Administration for the pur-
issued solely for purposes of making pay- credit shall be allowed against United States poses of overseeing activities related to the
ments under section 6428 or 6428A. income taxes under section 6428B of the In- administration of this section (and the
‘‘(h) REGULATIONS.—The Secretary shall ternal Revenue Code of 1986 (as added by this amendments made by this section), which
prescribe such regulations or other guidance section), nor shall any credit or refund be shall supplement and not supplant any other
as may be necessary or appropriate to carry made or allowed under subsection (g) of such appropriations that may be available for this
out the purposes of this section, including— section, to any person— purpose.
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00053 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
S1090 CONGRESSIONAL RECORD — SENATE March 4, 2021
PART 2—CHILD TAX CREDIT ‘‘(II) the applicable threshold amount ap- any modification of the annual advance
plicable to the taxpayer under this para- amount under subparagraph (A), the Sec-
SEC. 9611. CHILD TAX CREDIT IMPROVEMENTS
graph. retary may adjust the amount of any peri-
FOR 2021.
‘‘(D) COORDINATION WITH LIMITATION ON odic payment made after the date of such
(a) IN GENERAL.—Section 24 of the Internal OVERALL CREDIT.—Subsection (b) shall be ap- modification to properly take into account
Revenue Code of 1986 is amended by adding plied by substituting ‘the credit allowable the amount by which any periodic payment
at the end the following new subsection: under subsection (a) (determined after the made before such date was greater than or
‘‘(i) SPECIAL RULES FOR 2021.—In the case application of subsection (i)(4)(A)’ for ‘the less than the amount that such payment
of any taxable year beginning after Decem- credit allowable under subsection (a)’.’’. would have been on the basis of the annual
(b) ADVANCE PAYMENT OF CREDIT.— advance amount as so modified.
ber 31, 2020, and before January 1, 2022—
(1) IN GENERAL.—Chapter 77 of such Code is ‘‘(4) DETERMINATION OF STATUS.—If infor-
‘‘(1) REFUNDABLE CREDIT.—If the taxpayer
amended by inserting after section 7527 the mation contained in the taxpayer’s return of
(in the case of a joint return, either spouse)
following new section: tax for the reference taxable year does not
has a principal place of abode in the United
‘‘SEC. 7527A. ADVANCE PAYMENT OF CHILD TAX establish the status of the taxpayer as being
States (determined as provided in section 32) CREDIT.
for more than one-half of the taxable year or described in section 24(i)(1), the Secretary
‘‘(a) IN GENERAL.—The Secretary shall es- shall, for purposes of paragraph (1)(A), deter-
is a bona fide resident of Puerto Rico (within tablish a program for making periodic pay-
the meaning of section 937(a)) for such tax- mine such status based on information
ments to taxpayers which, in the aggregate known to the Secretary.
able year— during any calendar year, equal the annual
‘‘(A) subsection (d) shall not apply, and ‘‘(5) TREATMENT OF CERTAIN DEATHS.—A
advance amount determined with respect to child shall not be taken into account in de-
‘‘(B) so much of the credit determined such taxpayer for such calendar year. Except
under subsection (a) (after application of termining the annual advance amount under
as provided in subsection (b)(3)(B), the peri- paragraph (1) if the death of such child is
subparagraph (A)) as does not exceed the odic payments made to any taxpayer for any
amount of such credit which would be so de- known to the Secretary as of the beginning
calendar year shall be in equal amounts. of the calendar year for which the estimate
termined without regard to subsection (h)(4) ‘‘(b) ANNUAL ADVANCE AMOUNT.—For pur-
shall be allowed under subpart C (and not al- under such paragraph is made.
poses of this section— ‘‘(c) ON-LINE INFORMATION PORTAL.—The
lowed under this subpart). ‘‘(1) IN GENERAL.—Except as otherwise pro- Secretary shall establish an on-line portal
‘‘(2) 17-YEAR-OLDS ELIGIBLE FOR TREATMENT vided in this subsection, the term ‘annual which allows taxpayers to—
AS QUALIFYING CHILDREN.—This section shall advance amount’ means, with respect to any ‘‘(1) elect not to receive payments under
be applied— taxpayer for any calendar year, the amount this section, and
‘‘(A) by substituting ‘age 18’ for ‘age 17’ in (if any) which is estimated by the Secretary
‘‘(2) provide information to the Secretary
subsection (c)(1), and as being equal to 50 percent of the amount
which would be relevant to a modification
‘‘(B) by substituting ‘described in sub- which would be treated as allowed under sub-
under subsection (b)(3)(B) of the annual ad-
section (c) (determined after the application part C of part IV of subchapter A of chapter
vance amount, including information regard-
of subsection (i)(2)(A))’ for ‘described in sub- 1 by reason of section 24(i)(1) for the tax-
ing—
section (c)’ in subsection (h)(4)(A). payer’s taxable year beginning in such cal-
‘‘(A) a change in the number of the tax-
‘‘(3) CREDIT AMOUNT.—Subsection (h)(2) endar year if—
payer’s qualifying children, including by rea-
shall not apply and subsection (a) shall be ‘‘(A) the status of the taxpayer as a tax-
son of the birth of a child,
applied by substituting ‘$3,000 ($3,600 in the payer described in section 24(i)(1) is deter-
‘‘(B) a change in the taxpayer’s marital
case of a qualifying child who has not at- mined with respect to the reference taxable
status,
tained age 6 as of the close of the calendar year,
‘‘(C) a significant change in the taxpayer’s
year in which the taxable year of the tax- ‘‘(B) the taxpayer’s modified adjusted gross
income, and
payer begins)’ for ‘$1,000’. income for such taxable year is equal to the
‘‘(D) any other factor which the Secretary
‘‘(4) REDUCTION OF INCREASED CREDIT taxpayer’s modified adjusted gross income
may provide.
AMOUNT BASED ON MODIFIED ADJUSTED GROSS for the reference taxable year, ‘‘(d) NOTICE OF PAYMENTS.—Not later than
INCOME.— ‘‘(C) the only children of such taxpayer for January 31 of the calendar year following
‘‘(A) IN GENERAL.—The amount of the cred- such taxable year are qualifying children any calendar year during which the Sec-
it allowable under subsection (a) (determined properly claimed on the taxpayer’s return of retary makes one or more payments to any
without regard to subsection (b)) shall be re- tax for the reference taxable year, and taxpayer under this section, the Secretary
duced by $50 for each $1,000 (or fraction ‘‘(D) the ages of such children (and the sta- shall provide such taxpayer with a written
thereof) by which the taxpayer’s modified tus of such children as qualifying children) notice which includes the taxpayer’s tax-
adjusted gross income (as defined in sub- are determined for such taxable year by tak- payer identity (as defined in section
section (b)) exceeds the applicable threshold ing into account the passage of time since 6103(b)(6)), the aggregate amount of such
amount. the reference taxable year. payments made to such taxpayer during such
‘‘(B) APPLICABLE THRESHOLD AMOUNT.—For ‘‘(2) REFERENCE TAXABLE YEAR.—Except as calendar year, and such other information as
purposes of this paragraph, the term ‘appli- provided in paragraph (3)(A), the term ‘ref- the Secretary determines appropriate.
cable threshold amount’ means— erence taxable year’ means, with respect to ‘‘(e) ADMINISTRATIVE PROVISIONS.—
‘‘(i) $150,000, in the case of a joint return or any taxpayer for any calendar year, the tax- ‘‘(1) APPLICATION OF ELECTRONIC FUNDS PAY-
surviving spouse (as defined in section 2(a)) , payer’s taxable year beginning in the pre- MENT REQUIREMENT.—The payments made by
‘‘(ii) $112,500, in the case of a head of house- ceding calendar year or, in the case of tax- the Secretary under subsection (a) shall be
hold (as defined in section 2(b)), and payer who did not file a return of tax for made by electronic funds transfer to the
‘‘(iii) $75,000, in any other case. such taxable year, the taxpayer’s taxable same extent and in the same manner as if
‘‘(C) LIMITATION ON REDUCTION.— year beginning in the second preceding cal- such payments were Federal payments not
‘‘(i) IN GENERAL.—The amount of the reduc- endar year. made under this title.
tion under subparagraph (A) shall not exceed ‘‘(3) MODIFICATIONS DURING CALENDAR ‘‘(2) APPLICATION OF CERTAIN RULES.—Rules
the lesser of— YEAR.— similar to the rules of subparagraphs (B) and
‘‘(I) the applicable credit increase amount, ‘‘(A) IN GENERAL.—The Secretary may (C) of section 6428A(f)(3) shall apply for pur-
or modify, during any calendar year, the annual poses of this section.
‘‘(II) 5 percent of the applicable phaseout advance amount with respect to any tax- ‘‘(3) EXCEPTION FROM REDUCTION OR OFF-
threshold range. payer for such calendar year to take into ac- SET.—Any payment made to any individual
‘‘(ii) APPLICABLE CREDIT INCREASE count— under this section shall not be—
AMOUNT.—For purposes of this subparagraph, ‘‘(i) a return of tax filed by such taxpayer ‘‘(A) subject to reduction or offset pursu-
the term ‘applicable credit increase amount’ during such calendar year (and the taxable ant to subsection (c), (d), (e), or (f) of section
means the excess (if any) of— year to which such return relates may be 6402, or
‘‘(I) the amount of the credit allowable taken into account as the reference taxable ‘‘(B) reduced or offset by other assessed
under this section for the taxable year deter- year), and Federal taxes that would otherwise be sub-
mined without regard to this paragraph and ‘‘(ii) any other information provided by the ject to levy or collection.
subsection (b), over taxpayer to the Secretary which allows the ‘‘(4) APPLICATION OF ADVANCE PAYMENTS IN
‘‘(II) the amount of such credit as so deter- Secretary to determine payments under sub- THE POSSESSIONS OF THE UNITED STATES.—
mined and without regard to paragraph (3). section (a) which, in the aggregate during ‘‘(A) IN GENERAL.—The advance payment
SSpencer on DSK126QN23PROD with SENATE
‘‘(iii) APPLICABLE PHASEOUT THRESHOLD any taxable year of the taxpayer, more close- amount determined under this section shall
RANGE.—For purposes of this subparagraph, ly total the Secretary’s estimate of the be determined—
the term ‘applicable phaseout threshold amount treated as allowed under subpart C ‘‘(i) by applying section 24(i)(1) without re-
range’ means the excess of— of part IV of subchapter A of chapter 1 by gard to the phrase ‘or is a bona fide resident
‘‘(I) the threshold amount applicable to the reason of section 24(i)(1) for such taxable of Puerto Rico (within the meaning of sec-
taxpayer under subsection (b) (determined year of such taxpayer. tion 937(a))’, and
after the application of subsection (h)(3)), ‘‘(B) ADJUSTMENT TO REFLECT EXCESS OR ‘‘(ii) without regard to section
over DEFICIT IN PRIOR PAYMENTS.—In the case of 24(k)(3)(C)(ii)(I).
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00054 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1091
‘‘(B) MIRROR CODE POSSESSIONS.—In the ‘‘(i) IN GENERAL.—In the case of a taxpayer (B) $16,200,000 to remain available until
case of any possession of the United States whose modified adjusted gross income (as de- September 30, 2022, for necessary expenses
with a mirror code tax system (as defined in fined in subsection (b)) for the taxable year for the Bureau of the Fiscal Service to carry
section 24(k)), this section shall not be treat- does not exceed 200 percent of the applicable out this section (and the amendments made
ed as part of the income tax laws of the income threshold, the amount of the in- by this section), which shall supplement and
United States for purposes of determining crease determined under subparagraph (A) not supplant any other appropriations that
the income tax law of such possession unless with respect to such taxpayer for such tax- may be available for this purpose.
such possession elects to have this section be able year shall be reduced (but not below (c) EFFECTIVE DATE.—
so treated. zero) by the safe harbor amount. (1) IN GENERAL.—The amendments made by
‘‘(C) ADMINISTRATIVE EXPENSES OF ADVANCE ‘‘(ii) PHASE OUT OF SAFE HARBOR AMOUNT.— this section shall apply to taxable years be-
PAYMENTS.— In the case of a taxpayer whose modified ad- ginning after December 31, 2020.
‘‘(i) MIRROR CODE POSSESSIONS.—In the case justed gross income (as defined in subsection (2) ESTABLISHMENT OF ADVANCE PAYMENT
of any possession described in subparagraph (b)) for the taxable year exceeds the applica- PROGRAM.—The Secretary of the Treasury (or
(B) which makes the election described in ble income threshold, the safe harbor the Secretary’s designee) shall establish the
such subparagraph, the amount otherwise amount otherwise in effect under clause (i) program described in section 7527A of the In-
paid by the Secretary to such possession shall be reduced by the amount which bears ternal Revenue Code of 1986 as soon as prac-
under section 24(k)(1)(A) with respect to tax- the same ratio to such amount as such ex- ticable after the date of the enactment of
able years beginning in 2021 shall be in- cess bears to the applicable income thresh- this Act, except that the Secretary shall en-
creased by $300,000 if such possession has a old. sure that the timing of the establishment of
plan, which has been approved by the Sec- ‘‘(iii) APPLICABLE INCOME THRESHOLD.—For such program does not interfere with car-
retary, for making advance payments con- purposes of this subparagraph, the term ‘ap- rying out section 6428B(g) as rapidly as pos-
sistent with such election. plicable income threshold’ means— sible.
‘‘(ii) AMERICAN SAMOA.—The amount other- ‘‘(I) $60,000 in the case of a joint return or SEC. 9612. APPLICATION OF CHILD TAX CREDIT
IN POSSESSIONS.
wise paid by the Secretary to American surviving spouse (as defined in section 2(a)),
(a) IN GENERAL.—Section 24 of the Internal
Samoa under subparagraph (A) of section ‘‘(II) $50,000 in the case of a head of house-
Revenue Code of 1986, as amended by the pre-
24(k)(3) with respect to taxable years begin- hold, and
ceding provisions of this Act, is amended by
ning in 2021 shall be increased by $300,000 if ‘‘(III) $40,000 in any other case.
adding at the end the following new sub-
the plan described in subparagraph (B) of ‘‘(iv) SAFE HARBOR AMOUNT.—For purposes
section:
such section includes a program, which has of this subparagraph, the term ‘safe harbor ‘‘(k) APPLICATION OF CREDIT IN POSSES-
been approved by the Secretary, for making amount’ means, with respect to any taxable SIONS.—
advance payments under rules similar to the year, the product of— ‘‘(1) MIRROR CODE POSSESSIONS.—
rules of this section. ‘‘(I) $2,000, multiplied by ‘‘(A) IN GENERAL.—The Secretary shall pay
‘‘(iii) TIMING OF PAYMENT.—The Secretary ‘‘(II) the excess (if any) of the number of to each possession of the United States with
may pay, upon the request of the possession qualified children taken into account in de- a mirror code tax system amounts equal to
of the United States to which the payment is termining the annual advance amount with the loss (if any) to that possession by reason
to be made, the amount of the increase de- respect to the taxpayer under section 7527A of the application of this section (determined
termined under clause (i) or (ii) immediately with respect to months beginning in such without regard to this subsection) with re-
upon approval of the plan referred to in such taxable year, over the number of qualified spect to taxable years beginning after 2020.
clause, respectively. children taken into account in determining Such amounts shall be determined by the
‘‘(f) APPLICATION.—No payments shall be the credit allowed under this section for such Secretary based on information provided by
made under the program established under taxable year.’’. the government of the respective possession.
subsection (a) with respect to— (3) COORDINATION WITH WAGE WITH- ‘‘(B) COORDINATION WITH CREDIT ALLOWED
‘‘(1) any period before July 1, 2021, or HOLDING.—Section 3402(f)(1)(C) of such Code AGAINST UNITED STATES INCOME TAXES.—No
‘‘(2) any period after December 31, 2021. is amended by striking ‘‘section 24(a)’’ and credit shall be allowed under this section for
‘‘(g) REGULATIONS.—The Secretary shall inserting ‘‘section 24 (determined after appli- any taxable year to any individual to whom
issue such regulations or other guidance as cation of subsection (j) thereof)’’. a credit is allowable against taxes imposed
the Secretary determines necessary or ap- (4) CONFORMING AMENDMENTS.— by a possession of the United States with a
propriate to carry out the purposes of this (A) Section 26(b)(2) of such Code is amend- mirror code tax system by reason of the ap-
section and subsections (i)(1) and (j) of sec- ed by striking ‘‘and’’ at the end of subpara- plication of this section in such possession
tion 24, including regulations or other guid- graph (X), by striking the period at the end for such taxable year.
ance which provides for the application of of subparagraph (Y) and inserting ‘‘, and’’, ‘‘(C) MIRROR CODE TAX SYSTEM.—For pur-
such provisions where the filing status of the and by adding at the end the following new poses of this paragraph, the term ‘mirror
taxpayer for a taxable year is different from subparagraph: code tax system’ means, with respect to any
the status used for determining the annual ‘‘(Z) section 24(j)(2) (relating to excess ad- possession of the United States, the income
advance amount.’’. vance payments).’’. tax system of such possession if the income
(2) RECONCILIATION OF CREDIT AND ADVANCE (B) Section 6211(b)(4)(A) of such Code, as tax liability of the residents of such posses-
CREDIT.—Section 24 of such Code, as amended amended by the preceding provisions of this sion under such system is determined by ref-
by the preceding provision of this Act, is subtitle, is amended— erence to the income tax laws of the United
amended by adding at the end the following (i) by striking ‘‘24(d)’’ and inserting ‘‘24 by States as if such possession were the United
new subsection: reason of subsections (d) and (i)(1) thereof’’, States.
‘‘(j) RECONCILIATION OF CREDIT AND AD- and ‘‘(2) PUERTO RICO.—
VANCE CREDIT.— (ii) by striking ‘‘and 6428B’’ and inserting ‘‘(A) APPLICATION TO TAXABLE YEARS IN
‘‘(1) IN GENERAL.—The amount of the credit ‘‘6428B, and 7527A’’. 2021.—
allowed under this section to any taxpayer (C) Paragraph (2) of section 1324(b) of title ‘‘(i) For application of refundable credit to
for any taxable year shall be reduced (but 31, United States Code, is amended— residents of Puerto Rico, see subsection
not below zero) by the aggregate amount of (i) by inserting ‘‘24,’’ before ‘‘25A’’, and (i)(1).
payments made under section 7527A to such (ii) by striking ‘‘ or 6431’’ and inserting ‘‘(ii) For nonapplication of advance pay-
taxpayer during such taxable year. Any fail- ‘‘6431, or 7527A’’. ment to residents of Puerto Rico, see section
ure to so reduce the credit shall be treated as (D) The table of sections for chapter 77 of 7527A(e)(4)(A).
arising out of a mathematical or clerical the Internal Revenue Code of 1986 is amended ‘‘(B) APPLICATION TO TAXABLE YEARS AFTER
error and assessed according to section by inserting after the item relating to sec- 2021.—In the case of any bona fide resident of
6213(b)(1). tion 7527 the following new item: Puerto Rico (within the meaning of section
‘‘(2) EXCESS ADVANCE PAYMENTS.— ‘‘Sec. 7527A. Advance payment of child tax 937(a)) for any taxable year beginning after
‘‘(A) IN GENERAL.—If the aggregate amount credit.’’. December 31, 2021—
of payments under section 7527A to the tax- (5) APPROPRIATIONS TO CARRY OUT ADVANCE ‘‘(i) the credit determined under this sec-
payer during the taxable year exceeds the PAYMENTS.—Immediately upon the enact- tion shall be allowable to such resident, and
amount of the credit allowed under this sec- ment of this Act, in addition to amounts ‘‘(ii) subsection (d)(1)(B)(ii) shall be applied
tion to such taxpayer for such taxable year otherwise available, there are appropriated without regard to the phrase ‘in the case of
(determined without regard to paragraph for fiscal year 2021, out of any money in the a taxpayer with 3 or more qualifying chil-
SSpencer on DSK126QN23PROD with SENATE
(1)), the tax imposed by this chapter for such Treasury not otherwise appropriated: dren’.
taxable year shall be increased by the (A) $397,200,000 to remain available until ‘‘(3) AMERICAN SAMOA.—
amount of such excess. Any failure to so in- September 30, 2022, for necessary expenses ‘‘(A) IN GENERAL.—The Secretary shall pay
crease the tax shall be treated as arising out for the Internal Revenue Service to carry to American Samoa amounts estimated by
of a mathematical or clerical error and as- out this section (and the amendments made the Secretary as being equal to the aggre-
sessed according to section 6213(b)(1). by this section), which shall supplement and gate benefits that would have been provided
‘‘(B) SAFE HARBOR BASED ON MODIFIED AD- not supplant any other appropriations that to residents of American Samoa by reason of
JUSTED GROSS INCOME.— may be available for this purpose, and the application of this section for taxable
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00055 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
S1092 CONGRESSIONAL RECORD — SENATE March 4, 2021
years beginning after 2020 if the provisions of to administer) a plan under part B or part E cipal place of abode as the individual’s
this section had been in effect in American of title IV of the Social Security Act (with- spouse, or
Samoa (applied as if American Samoa were out regard to whether Federal assistance was ‘‘(II) has a decree, instrument, or agree-
the United States and without regard to the provided with respect to such child under ment (other than a decree of divorce) de-
application of this section to bona fide resi- such part E), and scribed in section 121(d)(3)(C) with respect to
dents of Puerto Rico under subsection (i)(1)). ‘‘(ii) provides (in such manner as the Sec- the individual’s spouse and is not a member
‘‘(B) DISTRIBUTION REQUIREMENT.—Subpara- retary may provide) consent for entities of the same household with the individual’s
graph (A) shall not apply unless American which administer a plan under part B or part spouse by the end of the taxable year.’’.
Samoa has a plan, which has been approved E of title IV of the Social Security Act to (b) CONFORMING AMENDMENTS.—
by the Secretary, under which American disclose to the Secretary information related (1) Section 32(c)(1)(A) of such Code is
Samoa will promptly distribute such pay- to the status of such individual as a qualified amended by striking the last sentence.
ments to its residents. former foster youth. (2) Section 32(c)(1)(E)(ii) of such Code is
‘‘(C) COORDINATION WITH CREDIT ALLOWED ‘‘(E) QUALIFIED HOMELESS YOUTH.—For pur- amended by striking ‘‘(within the meaning of
AGAINST UNITED STATES INCOME TAXES.— poses of this paragraph, the term ‘qualified section 7703)’’.
‘‘(i) IN GENERAL.—In the case of a taxable homeless youth’ means, with respect to any (3) Section 32(d)(1) of such Code, as amend-
year with respect to which a plan is approved taxable year, an individual who certifies, in ed by subsection (a), is amended by striking
under subparagraph (B), this section (other a manner as provided by the Secretary, that ‘‘(within the meaning of section 7703)’’.
than this subsection) shall not apply to any such individual is either an unaccompanied (c) EFFECTIVE DATE.—The amendments
individual eligible for a distribution under youth who is a homeless child or youth, or is made by this section shall apply to taxable
such plan. unaccompanied, at risk of homelessness, and years beginning after December 31, 2020.
‘‘(ii) APPLICATION OF SECTION IN EVENT OF self-supporting. SEC. 9624. MODIFICATION OF DISQUALIFIED IN-
ABSENCE OF APPROVED PLAN.—In the case of a ‘‘(2) ELIMINATION OF MAXIMUM AGE FOR VESTMENT INCOME TEST.
taxable year with respect to which a plan is CREDIT.—Subsection (c)(1)(A)(ii)(II) shall be
(a) IN GENERAL.—Section 32(i) of the Inter-
not approved under subparagraph (B)— applied without regard to the phrase ‘but not
nal Revenue Code of 1986 is amended by
‘‘(I) if such taxable year begins in 2021, sub- attained age 65’.
striking ‘‘$2,200’’ and inserting ‘‘$10,000’’.
section (i)(1) shall be applied by substituting ‘‘(3) INCREASE IN CREDIT AND PHASEOUT PER-
(b) INFLATION ADJUSTMENT.—Section
‘bona fide resident of Puerto Rico or Amer- CENTAGES.—The table contained in sub-
32(j)(1) of such Code is amended—
ican Samoa’ for ‘bona fide resident of Puerto section (b)(1) shall be applied by substituting
(1) in the matter preceding subparagraph
Rico’, and ‘15.3’ for ‘7.65’ each place it appears therein.
(A), by inserting ‘‘(2021 in the case of the dol-
‘‘(II) if such taxable year begins after De- ‘‘(4) INCREASE IN EARNED INCOME AND PHASE-
OUT AMOUNTS.—
lar amount in subsection (i)(1))’’ after ‘‘2015’’,
cember 31, 2021, rules similar to the rules of (2) in subparagraph (B)(i)—
paragraph (2)(B) shall apply with respect to ‘‘(A) IN GENERAL.—The table contained in
subsection (b)(2)(A) shall be applied— (A) by striking ‘‘subsections (b)(2)(A) and
bona fide residents of American Samoa (i)(1)’’ and inserting ‘‘subsection (b)(2)(A)’’,
(within the meaning of section 937(a)). ‘‘(i) by substituting ‘$9,820’ for ‘$4,220’, and
‘‘(ii) by substituting ‘$11,610’ for ‘$5,280’. and
‘‘(4) TREATMENT OF PAYMENTS.—For pur- (B) by striking ‘‘and’’ at the end,
poses of section 1324 of title 31, United States ‘‘(B) COORDINATION WITH INFLATION ADJUST-
MENT.—Subsection (j) shall not apply to any
(3) by striking the period at the end of sub-
Code, the payments under this subsection paragraph (B)(ii) and inserting ‘‘, and’’, and
dollar amount specified in this paragraph.’’.
shall be treated in the same manner as a re- (b) INFORMATION RETURN MATCHING.—As (4) by inserting after subparagraph (B)(ii)
fund due from a credit provision referred to soon as practicable, the Secretary of the the following new clause:
in subsection (b)(2) of such section.’’. Treasury (or the Secretary’s delegate) shall ‘‘(iii) in the case of the $10,000 amount in
(b) EFFECTIVE DATE.—The amendments develop and implement procedures to use in- subsection (i)(1), ‘calendar year 2020’ for ‘cal-
made by this section shall apply to taxable formation returns under section 6050S (relat- endar year 2016’.’’.
years beginning after December 31, 2020. ing to returns relating to higher education (c) EFFECTIVE DATE.—The amendments
PART 3—EARNED INCOME TAX CREDIT tuition and related expenses) to check the made by this section shall apply to taxable
SEC. 9621. STRENGTHENING THE EARNED IN- status of individuals as specified students for years beginning after December 31, 2020.
COME TAX CREDIT FOR INDIVID- purposes of section 32(n)(1)(B)(ii) of the In- SEC. 9625. APPLICATION OF EARNED INCOME TAX
UALS WITH NO QUALIFYING CHIL- ternal Revenue Code of 1986 (as added by this CREDIT IN POSSESSIONS OF THE
DREN. section). UNITED STATES.
(a) SPECIAL RULES FOR 2021.—Section 32 of (c) EFFECTIVE DATE.—The amendment (a) IN GENERAL.—Chapter 77 of the Internal
the Internal Revenue Code of 1986 is amended made by this section shall apply to taxable Revenue Code of 1986 is amended by adding
by adding at the end the following new sub- years beginning after December 31, 2020. at the end the following new section:
section: SEC. 9622. TAXPAYER ELIGIBLE FOR CHILDLESS ‘‘SEC. 7530. APPLICATION OF EARNED INCOME
‘‘(n) SPECIAL RULES FOR INDIVIDUALS WITH- EARNED INCOME CREDIT IN CASE TAX CREDIT TO POSSESSIONS OF
OF QUALIFYING CHILDREN WHO THE UNITED STATES.
OUT QUALIFYING CHILDREN.—In the case of
FAIL TO MEET CERTAIN IDENTIFICA-
any taxable year beginning after December TION REQUIREMENTS. ‘‘(a) PUERTO RICO.—
31, 2020, and before January 1, 2022— (a) IN GENERAL.—Section 32(c)(1) of the In- ‘‘(1) IN GENERAL.—With respect to calendar
‘‘(1) DECREASE IN MINIMUM AGE FOR CRED- ternal Revenue Code of 1986 is amended by year 2021 and each calendar year thereafter,
IT.— striking subparagraph (F). the Secretary shall, except as otherwise pro-
‘‘(A) IN GENERAL.—Subsection (b) EFFECTIVE DATE.—The amendment vided in this subsection, make payments to
(c)(1)(A)(ii)(II) shall be applied by sub- made by this section shall apply to taxable Puerto Rico equal to—
stituting ‘the applicable minimum age’ for years beginning after December 31, 2020. ‘‘(A) the specified matching amount for
‘age 25’. SEC. 9623. CREDIT ALLOWED IN CASE OF CER- such calendar year, plus
‘‘(B) APPLICABLE MINIMUM AGE.—For pur- TAIN SEPARATED SPOUSES. ‘‘(B) in the case of calendar years 2021
poses of this paragraph, the term ‘applicable (a) IN GENERAL.—Section 32(d) of the Inter- through 2025, the lesser of—
minimum age’ means— nal Revenue Code of 1986 is amended— ‘‘(i) the expenditures made by Puerto Rico
‘‘(i) except as otherwise provided in this (1) by striking ‘‘MARRIED INDIVIDUALS.—In during such calendar year for education ef-
subparagraph, age 19, the case of’’ and inserting the following: forts with respect to individual taxpayers
‘‘(ii) in the case of a specified student ‘‘MARRIED INDIVIDUALS.— and tax return preparers relating to the
(other than a qualified former foster youth ‘‘(1) IN GENERAL.—In the case of’’, and earned income tax credit, or
or a qualified homeless youth), age 24, and (2) by adding at the end the following new ‘‘(ii) $1,000,000.
‘‘(iii) in the case of a qualified former fos- paragraph: ‘‘(2) REQUIREMENT TO REFORM EARNED IN-
ter youth or a qualified homeless youth, age ‘‘(2) DETERMINATION OF MARITAL STATUS.— COME TAX CREDIT.—The Secretary shall not
18. For purposes of this section— make any payments under paragraph (1)
‘‘(C) SPECIFIED STUDENT.—For purposes of ‘‘(A) IN GENERAL.—Except as provided in with respect to any calendar year unless
this paragraph, the term ‘specified student’ subparagraph (B), marital status shall be de- Puerto Rico has in effect an earned income
means, with respect to any taxable year, an termined under section 7703(a). tax credit for taxable years beginning in or
individual who is an eligible student (as de- ‘‘(B) SPECIAL RULE FOR SEPARATED with such calendar year which (relative to
fined in section 25A(b)(3)) during at least 5 SPOUSE.—An individual shall not be treated the earned income tax credit which was in
calendar months during the taxable year. as married if such individual— effect for taxable years beginning in or with
SSpencer on DSK126QN23PROD with SENATE
‘‘(D) QUALIFIED FORMER FOSTER YOUTH.— ‘‘(i) is married (as determined under sec- calendar year 2019) increases the percentage
For purposes of this paragraph, the term tion 7703(a)) and does not file a joint return of earned income which is allowed as a credit
‘qualified former foster youth’ means an in- for the taxable year, for each group of individuals with respect to
dividual who— ‘‘(ii) resides with a qualifying child of the which such percentage is separately stated
‘‘(i) on or after the date that such indi- individual for more than one-half of such or determined in a manner designed to sub-
vidual attained age 14, was in foster care pro- taxable year, and stantially increase workforce participation.
vided under the supervision or administra- ‘‘(iii)(I) during the last 6 months of such ‘‘(3) SPECIFIED MATCHING AMOUNT.—For pur-
tion of an entity administering (or eligible taxable year, does not have the same prin- poses of this subsection—
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00056 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1093
‘‘(A) IN GENERAL.—The term ‘specified the Secretary shall, except as otherwise pro- ternal Revenue Code of 1986, an incorrect use
matching amount’ means, with respect to vided in this subsection, make payments to on a return of earned income pursuant to
any calendar year, the lesser of— American Samoa equal to— subsection (a) shall be treated as a mathe-
‘‘(i) the excess (if any) of— ‘‘(A) the lesser of— matical or clerical error.
‘‘(I) the cost to Puerto Rico of the earned ‘‘(i) the cost to American Samoa of the (2) NO EFFECT ON DETERMINATION OF GROSS
income tax credit for taxable years begin- earned income tax credit for taxable years INCOME, ETC.—Except as otherwise provided
ning in or with such calendar year, over beginning in or with such calendar year, or in this subsection, the Internal Revenue
‘‘(II) the base amount for such calendar ‘‘(ii) $16,000,000, plus Code of 1986 shall be applied without regard
year, or ‘‘(B) in the case of calendar years 2021 to any substitution under subsection (a).
‘‘(ii) the product of 3, multiplied by the through 2025, the lesser of— (d) TREATMENT OF CERTAIN POSSESSIONS.—
base amount for such calendar year. ‘‘(i) the expenditures made by American (1) PAYMENTS TO POSSESSIONS WITH MIRROR
‘‘(B) BASE AMOUNT.— Samoa during such calendar year for edu- CODE TAX SYSTEMS.—The Secretary of the
‘‘(i) BASE AMOUNT FOR 2021.—In the case of cation efforts with respect to individual tax- Treasury shall pay to each possession of the
calendar year 2021, the term ‘base amount’ payers and tax return preparers relating to United States which has a mirror code tax
means the greater of— such earned income tax credit, or system amounts equal to the loss (if any) to
‘‘(I) the cost to Puerto Rico of the earned ‘‘(ii) $50,000. that possession by reason of the application
income tax credit for taxable years begin- ‘‘(2) REQUIREMENT TO ENACT AND MAINTAIN of the provisions of this section (other than
ning in or with calendar year 2019 (rounded AN EARNED INCOME TAX CREDIT.—The Sec- this subsection) with respect to section 32 of
to the nearest multiple of $1,000,000), or retary shall not make any payments under the Internal Revenue Code of 1986. Such
‘‘(II) $200,000,000. paragraph (1) with respect to any calendar amounts shall be determined by the Sec-
‘‘(ii) INFLATION ADJUSTMENT.—In the case year unless American Samoa has in effect an retary of the Treasury based on information
of any calendar year after 2021, the term earned income tax credit for taxable years provided by the government of the respective
‘base amount’ means the dollar amount de- beginning in or with such calendar year possession.
termined under clause (i) increased by an which allows a refundable tax credit to indi- (2) PAYMENTS TO OTHER POSSESSIONS.—The
amount equal to— viduals on the basis of the taxpayer’s earned Secretary of the Treasury shall pay to each
‘‘(I) such dollar amount, multiplied by— income which is designed to substantially in- possession of the United States which does
‘‘(II) the cost-of-living adjustment deter- crease workforce participation. not have a mirror code tax system amounts
mined under section 1(f)(3) for such calendar ‘‘(3) INFLATION ADJUSTMENT.—In the case of estimated by the Secretary of the Treasury
year, determined by substituting ‘calendar any calendar year after 2021, the $16,000,000 as being equal to the aggregate benefits (if
year 2020’ for ‘calendar year 2016’ in subpara- amount in paragraph (1)(A)(ii) shall be in- any) that would have been provided to resi-
graph (A)(ii) thereof. creased by an amount equal to— dents of such possession by reason of the pro-
Any amount determined under this clause ‘‘(A) such dollar amount, multiplied by— visions of this section (other than this sub-
shall be rounded to the nearest multiple of ‘‘(B) the cost-of-living adjustment deter- section) with respect to section 32 of the In-
$1,000,000. mined under section 1(f)(3) for such calendar ternal Revenue Code of 1986 if a mirror code
‘‘(4) RULES RELATED TO PAYMENTS.— year, determined by substituting ‘calendar tax system had been in effect in such posses-
‘‘(A) TIMING OF PAYMENTS.—The Secretary sion. The preceding sentence shall not apply
year 2020’ for ‘calendar year 2016’ in subpara-
shall make payments under paragraph (1) for unless the respective possession has a plan,
graph (A)(ii) thereof.
any calendar year—
Any increase determined under this clause which has been approved by the Secretary of
‘‘(i) after receipt of such information as
shall be rounded to the nearest multiple of the Treasury, under which such possession
the Secretary may require to determine such
$100,000. will promptly distribute such payments to
payments, and
‘‘(4) APPLICATION OF CERTAIN RULES.—Rules its residents.
‘‘(ii) except as provided in clause (i), within
similar to the rules of subparagraphs (A), (3) MIRROR CODE TAX SYSTEM.—For pur-
a reasonable period of time before the due
(B), and (C) of subsection (a)(4) shall apply poses of this section, the term ‘‘mirror code
date for individual income tax returns (as de-
for purposes of this subsection. tax system’’ means, with respect to any pos-
termined under the laws of Puerto Rico) for ‘‘(d) TREATMENT OF PAYMENTS.—For pur- session of the United States, the income tax
taxable years which began on the first day of poses of section 1324 of title 31, United States system of such possession if the income tax
such calendar year. Code, the payments under this section shall liability of the residents of such possession
‘‘(B) INFORMATION.—The Secretary may re- be treated in the same manner as a refund under such system is determined by ref-
quire the reporting of such information as due from a credit provision referred to in erence to the income tax laws of the United
the Secretary may require to carry out this subsection (b)(2) of such section.’’. States as if such possession were the United
subsection. (b) CLERICAL AMENDMENT.—The table of States.
‘‘(C) DETERMINATION OF COST OF EARNED IN- sections for chapter 77 of the Internal Rev- (4) TREATMENT OF PAYMENTS.—For pur-
COME TAX CREDIT.—For purposes of this sub- enue Code of 1986 is amended by adding at poses of section 1324 of title 31, United States
section, the cost to Puerto Rico of the the end the following new item: Code, the payments under this section shall
earned income tax credit shall be determined ‘‘Sec. 7530. Application of earned income tax be treated in the same manner as a refund
by the Secretary on the basis of the laws of credit to possessions of the due from a credit provision referred to in
Puerto Rico and shall include reductions in United States.’’. subsection (b)(2) of such section.
revenues received by Puerto Rico by reason SEC. 9626. TEMPORARY SPECIAL RULE FOR DE-
of such credit and refunds attributable to PART 4—DEPENDENT CARE ASSISTANCE
TERMINING EARNED INCOME FOR
such credit, but shall not include any admin- PURPOSES OF EARNED INCOME TAX SEC. 9631. REFUNDABILITY AND ENHANCEMENT
istrative costs with respect to such credit. CREDIT. OF CHILD AND DEPENDENT CARE
‘‘(b) POSSESSIONS WITH MIRROR CODE TAX (a) IN GENERAL.—If the earned income of TAX CREDIT.
SYSTEMS.— the taxpayer for the taxpayer’s first taxable (a) IN GENERAL.—Section 21 of the Internal
‘‘(1) IN GENERAL.—With respect to calendar year beginning in 2021 is less than the earned Revenue Code of 1986 is amended by adding
year 2021 and each calendar year thereafter, income of the taxpayer for the taxpayer’s at the end the following new subsection:
the Secretary shall, except as otherwise pro- first taxable year beginning in 2019, the cred- ‘‘(g) SPECIAL RULES FOR 2021.—In the case
vided in this subsection, make payments to it allowed under section 32 of the Internal of any taxable year beginning after Decem-
the Virgin Islands, Guam, and the Common- Revenue Code of 1986 may, at the election of ber 31, 2020, and before January 1, 2022—
wealth of the Northern Mariana Islands the taxpayer, be determined by substituting- ‘‘(1) CREDIT MADE REFUNDABLE.—If the tax-
equal to— — payer (in the case of a joint return, either
‘‘(A) the cost to such possession of the (1) such earned income for the taxpayer’s spouse) has a principal place of abode in the
earned income tax credit for taxable years first taxable year beginning in 2019, for United States (determined as provided in
beginning in or with such calendar year, plus (2) such earned income for the taxpayer’s section 32) for more than one-half of the tax-
‘‘(B) in the case of calendar years 2021 first taxable year beginning in 2021. able year, the credit allowed under sub-
through 2025, the lesser of— (b) EARNED INCOME.— section (a) shall be treated as a credit al-
‘‘(i) the expenditures made by such posses- (1) IN GENERAL.—For purposes of this sec- lowed under subpart C (and not allowed
sion during such calendar year for education tion, the term ‘‘earned income’’ has the under this subpart).
efforts with respect to individual taxpayers meaning given such term under section 32(c) ‘‘(2) INCREASE IN DOLLAR LIMIT ON AMOUNT
and tax return preparers relating to such of the Internal Revenue Code of 1986. CREDITABLE.—Subsection (c) shall be ap-
earned income tax credit, or (2) APPLICATION TO JOINT RETURNS.—For plied—
SSpencer on DSK126QN23PROD with SENATE
‘‘(ii) $50,000. purposes of subsection (a), in the case of a ‘‘(A) by substituting ‘$8,000’ for ‘$3,000’ in
‘‘(2) APPLICATION OF CERTAIN RULES.—Rules joint return, the earned income of the tax- paragraph (1) thereof, and
similar to the rules of subparagraphs (A), payer for the first taxable year beginning in ‘‘(B) by substituting ‘$16,000’ for ‘$6,000’ in
(B), and (C) of subsection (a)(4) shall apply 2019 shall be the sum of the earned income of paragraph (2) thereof.
for purposes of this subsection. each spouse for such taxable year. ‘‘(3) INCREASE IN APPLICABLE PERCENTAGE.—
‘‘(c) AMERICAN SAMOA.— (c) SPECIAL RULES.— Subsection (a)(2) shall be applied—
‘‘(1) IN GENERAL.—With respect to calendar (1) ERRORS TREATED AS MATHEMATICAL ER- ‘‘(A) by substituting ‘50 percent’ for ‘35 per-
year 2021 and each calendar year thereafter, RORS.—For purposes of section 6213 of the In- cent ’, and
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00057 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
S1094 CONGRESSIONAL RECORD — SENATE March 4, 2021
‘‘(B) by substituting ‘$125,000’ for ‘$15,000’. adding at the end the following new subpara- ‘‘(B) ADVANCING CREDIT.—In anticipation of
‘‘(4) APPLICATION OF PHASEOUT TO HIGH IN- graph: the credit, including the refundable portion
COME INDIVIDUALS.— ‘‘(D) SPECIAL RULE FOR 2021.—In the case of under subparagraph (A), the credit shall be
‘‘(A) IN GENERAL.—Subsection (a)(2) shall any taxable year beginning after December advanced, according to forms and instruc-
be applied by substituting ‘the phaseout per- 31, 2020, and before January 1, 2022, subpara- tions provided by the Secretary, up to an
centage’ for ‘20 percent’. graph (A) shall be applied be substituting amount calculated under subsection (a), sub-
‘‘(B) PHASEOUT PERCENTAGE.—The term ‘$10,500 (half such dollar amount’ for ‘$5,000 ject to the limits under paragraph (1) and (2),
‘phaseout percentage’ means 20 percent re- ($2,500’.’’. all calculated through the end of the most
duced (but not below zero) by 1 percentage (b) EFFECTIVE DATE.—The amendment recent payroll period in the quarter.
point for each $2,000 (or fraction thereof) by made by this section shall apply to taxable ‘‘(c) QUALIFIED SICK LEAVE WAGES.—For
which the taxpayer’s adjusted gross income years beginning after December 31, 2020. purposes of this section—
for the taxable year exceeds $400,000.’’. (c) RETROACTIVE PLAN AMENDMENTS.—A ‘‘(1) IN GENERAL.—The term ‘qualified sick
(b) APPLICATION OF CREDIT IN POSSES- plan that otherwise satisfies all applicable leave wages’ means wages paid by an em-
SIONS.—Section 21 of such Code, as amended requirements of sections 125 and 129 of the ployer which would be required to be paid by
by subsection (a), is amended by adding at Internal Revenue Code of 1986 (including any reason of the Emergency Paid Sick Leave
the end the following new subsection: rules or regulations thereunder) shall not Act as if such Act applied after March 31,
‘‘(h) APPLICATION OF CREDIT IN POSSES- fail to be treated as a cafeteria plan or de- 2021.
SIONS.— pendent care assistance program merely be- ‘‘(2) RULES OF APPLICATION.—For purposes
‘‘(1) PAYMENT TO POSSESSIONS WITH MIRROR cause such plan is amended pursuant to a of determining whether wages are qualified
CODE TAX SYSTEMS.—The Secretary shall pay provision under this section and such amend- sick leave wages under paragraph (1)—
to each possession of the United States with ment is retroactive, if— ‘‘(A) IN GENERAL.—The Emergency Paid
a mirror code tax system amounts equal to (1) such amendment is adopted no later Sick Leave Act shall be applied—
the loss (if any) to that possession by reason than the last day of the plan year in which ‘‘(i) by inserting ‘, the employee is seeking
of the application of this section (determined the amendment is effective, and or awaiting the results of a diagnostic test
without regard to this subsection) with re- (2) the plan is operated consistent with the for, or a medical diagnosis of, COVID-19 and
spect to taxable years beginning in or with terms of such amendment during the period such employee has been exposed to COVID-19
2021. Such amounts shall be determined by beginning on the effective date of the amend- or the employee’s employer has requested
the Secretary based on information provided ment and ending on the date the amendment such test or diagnosis, or the employee is ob-
by the government of the respective posses- is adopted. taining immunization related to COVID–19
sion. or recovering from any injury, disability, ill-
PART 5—CREDITS FOR PAID SICK AND ness, or condition related to such immuniza-
‘‘(2) PAYMENTS TO OTHER POSSESSIONS.—The
FAMILY LEAVE tion’ after ‘medical diagnosis’ in section
Secretary shall pay to each possession of the
United States which does not have a mirror SEC. 9641. PAYROLL CREDITS. 5102(a)(3) thereof, and
code tax system amounts estimated by the (a) IN GENERAL.—Chapter 21 of the Internal ‘‘(ii) by applying section 5102(b)(1) of such
Secretary as being equal to the aggregate Revenue Code of 1986 is amended by adding Act separately with respect to each calendar
benefits that would have been provided to at the end the following new subchapter: year after 2020 (and, in the case of calendar
residents of such possession by reason of this ‘‘Subchapter D—Credits year 2021, without regard to the first quarter
section with respect to taxable years begin- thereof).
‘‘Sec. 3131. Credit for paid sick leave.
ning in or with 2021 if a mirror code tax sys- ‘‘(B) LEAVE MUST MEET REQUIREMENTS.—If
‘‘Sec. 3132. Payroll credit for paid family
tem had been in effect in such possession. an employer fails to comply with any re-
leave.
The preceding sentence shall not apply un- quirement of such Act (determined without
‘‘Sec. 3133. Special rule related to tax on
less the respective possession has a plan, regard to section 5109 thereof) with respect
employers.
which has been approved by the Secretary, to paid sick time (as defined in section 5110
‘‘SEC. 3131. CREDIT FOR PAID SICK LEAVE.
under which such possession will promptly of such Act), amounts paid by such employer
‘‘(a) IN GENERAL.—In the case of an em- with respect to such paid sick time shall not
distribute such payments to its residents.
ployer, there shall be allowed as a credit be taken into account as qualified sick leave
‘‘(3) COORDINATION WITH CREDIT ALLOWED
against applicable employment taxes for wages. For purposes of the preceding sen-
AGAINST UNITED STATES INCOME TAXES.—In
each calendar quarter an amount equal to tence, an employer which takes an action de-
the case of any taxable year beginning in or
100 percent of the qualified sick leave wages scribed in section 5104 of such Act shall be
with 2021, no credit shall be allowed under
paid by such employer with respect to such treated as failing to meet a requirement of
this section to any individual—
calendar quarter. such Act.
‘‘(A) to whom a credit is allowable against
‘‘(b) LIMITATIONS AND REFUNDABILITY.— ‘‘(d) ALLOWANCE OF CREDIT FOR CERTAIN
taxes imposed by a possession with a mirror
‘‘(1) WAGES TAKEN INTO ACCOUNT.—The HEALTH PLAN EXPENSES.—
code tax system by reason of this section, or
amount of qualified sick leave wages taken ‘‘(1) IN GENERAL.—The amount of the credit
‘‘(B) who is eligible for a payment under a
into account under subsection (a), plus any allowed under subsection (a) shall be in-
plan described in paragraph (2).
increases under subsection (e), with respect creased by so much of the employer’s quali-
‘‘(4) MIRROR CODE TAX SYSTEM.—For pur-
to any individual shall not exceed $200 ($511 fied health plan expenses as are properly al-
poses of this subsection, the term ‘mirror
in the case of any day any portion of which locable to the qualified sick leave wages for
code tax system’ means, with respect to any
is paid sick time described in paragraph (1), which such credit is so allowed.
possession of the United States, the income
(2), or (3) of section 5102(a) of the Emergency ‘‘(2) QUALIFIED HEALTH PLAN EXPENSES.—
tax system of such possession if the income
Paid Sick Leave Act, applied with the modi- For purposes of this subsection, the term
tax liability of the residents of such posses-
fication described in subsection (c)(2)(A)(i)) ‘qualified health plan expenses’ means
sion under such system is determined by ref-
for any day (or portion thereof) for which the amounts paid or incurred by the employer to
erence to the income tax laws of the United
individual is paid qualified sick leave wages. provide and maintain a group health plan (as
States as if such possession were the United
‘‘(2) OVERALL LIMITATION ON NUMBER OF defined in section 5000(b)(1)), but only to the
States.
DAYS TAKEN INTO ACCOUNT.—The aggregate extent that such amounts are excluded from
‘‘(5) TREATMENT OF PAYMENTS.—For pur-
number of days taken into account under the gross income of employees by reason of
poses of section 1324 of title 31, United States
paragraph (1) for any calendar quarter shall section 106(a).
Code, the payments under this subsection
not exceed the excess (if any) of— ‘‘(3) ALLOCATION RULES.—For purposes of
shall be treated in the same manner as a re-
‘‘(A) 10, over this section, qualified health plan expenses
fund due from a credit provision referred to
‘‘(B) the aggregate number of days so shall be allocated to qualified sick leave
in subsection (b)(2) of such section.’’.
(c) CONFORMING AMENDMENTS.— taken into account during preceding cal- wages in such manner as the Secretary may
(1) Section 6211(b)(4)(A) of such Code, as endar quarters in such calendar year (other prescribe. Except as otherwise provided by
amended by the preceding provisions of this than the first quarter of calendar year 2021). the Secretary, such allocation shall be treat-
Act, is amended by inserting ‘‘21 by reason of ‘‘(3) CREDIT LIMITED TO CERTAIN EMPLOY- ed as properly made if made on the basis of
subsection (g) thereof,’’ before ‘‘24’’. MENT TAXES.—The credit allowed by sub- being pro rata among covered employees and
(2) Section 1324(b)(2) of title 31, United section (a) with respect to any calendar pro rata on the basis of periods of coverage
States Code (as amended by the preceding quarter shall not exceed the applicable em- (relative to the time periods of leave to
provisions of this title), is amended by in- ployment taxes for such calendar quarter on which such wages relate).
the wages paid with respect to the employ- ‘‘(e) ALLOWANCE OF CREDIT FOR AMOUNTS
SSpencer on DSK126QN23PROD with SENATE
serting ‘‘21,’’ before ‘‘24’’.
(d) EFFECTIVE DATE.—The amendments ment of all employees of the employer. PAID UNDER CERTAIN COLLECTIVELY BAR-
made by this section shall apply to taxable ‘‘(4) REFUNDABILITY OF EXCESS CREDIT.— GAINED AGREEMENTS.—
years beginning after December 31, 2020. ‘‘(A) CREDIT IS REFUNDABLE.—If the amount ‘‘(1) IN GENERAL.—The amount of the credit
SEC. 9632. INCREASE IN EXCLUSION FOR EM- of the credit under subsection (a) exceeds the allowed under subsection (a) shall be in-
PLOYER-PROVIDED DEPENDENT limitation of paragraph (3) for any calendar creased by the sum of—
CARE ASSISTANCE. quarter, such excess shall be treated as an ‘‘(A) so much of the employer’s collec-
(a) IN GENERAL.—Section 129(a)(2) of the In- overpayment that shall be refunded under tively bargained defined benefit pension plan
ternal Revenue Code of 1986 is amended by sections 6402(a) and 6413(b). contributions as are properly allocable to
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00058 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1095
the qualified sick leave wages for which such gram contributions allocated to qualified ‘‘(iii) a restaurant revitalization grant
credit is so allowed, plus sick leave wages for any calendar quarter under section 5003 of the American Rescue
‘‘(B) so much of the employer’s collectively shall be the product of— Plan Act of 2021.
bargained apprenticeship program contribu- ‘‘(i) the apprenticeship program contribu- ‘‘(B) APPLICATION WHERE PPP LOANS NOT
tions as are properly allocable to the quali- tion rate (expressed as an hourly rate), and FORGIVEN.—The Secretary shall issue guid-
fied sick leave wages for which such credit is ‘‘(ii) the number of hours for which quali- ance providing that payroll costs paid during
so allowed. fied sick leave wages were provided to em- the covered period shall not fail to be treated
‘‘(2) COLLECTIVELY BARGAINED DEFINED BEN- ployees covered under the collective bar- as qualified sick leave wages under this sec-
EFIT PENSION PLAN CONTRIBUTIONS.—For pur- gaining agreement described in subpara- tion by reason of subparagraph (A)(i) to the
poses of this subsection— graph (A)(iii) during the calendar quarter. extent that—
‘‘(A) IN GENERAL.—The term ‘collectively ‘‘(f) DEFINITIONS AND SPECIAL RULES.— ‘‘(i) a covered loan of the taxpayer under
bargained defined benefit pension plan con- ‘‘(1) APPLICABLE EMPLOYMENT TAXES.—For section 7(a)(37) of the Small Business Act is
tributions’ means, with respect to any cal- purposes of this section, the term ‘applicable not forgiven by reason of a decision under
endar quarter, contributions which— employment taxes’ means the following: section 7(a)(37)(J) of such Act, or
‘‘(i) are paid or incurred by an employer ‘‘(A) The taxes imposed under section ‘‘(ii) a covered loan of the taxpayer under
during the calendar quarter on behalf of its section 7A of the Small Business Act is not
3111(b).
employees to a defined benefit plan (as de- forgiven by reason of a decision under sec-
‘‘(B) So much of the taxes imposed under
fined in section 414(j)), which meets the re- tion 7A(g) of such Act.
section 3221(a) as are attributable to the rate
quirements of section 401(a), Terms used in the preceding sentence which
in effect under section 3111(b).
‘‘(ii) are made based on a pension contribu- are also used in section 7A(g) or 7(a)(37)(J) of
‘‘(2) WAGES.—For purposes of this section,
tion rate, and the Small Business Act shall, when applied
the term ‘wages’ means wages (as defined in
‘‘(iii) are required to be made pursuant to in connection with either such section, have
section 3121(a), determined without regard to
the terms of a collective bargaining agree- the same meaning as when used in such sec-
paragraphs (1) through (22) of section 3121(b))
ment in effect with respect to such calendar tion, respectively.
and compensation (as defined in section ‘‘(g) REGULATIONS.—The Secretary shall
quarter.
3231(e), determined without regard to the prescribe such regulations or other guidance
‘‘(B) PENSION CONTRIBUTION RATE.—The
term ‘pension contribution rate’ means the sentence in paragraph (1) thereof which be- as may be necessary to carry out the pur-
contribution rate that the employer is obli- gins ‘Such term does not include remunera- poses of this section, including—
gated to pay on behalf of its employees under tion’). ‘‘(1) regulations or other guidance to pre-
the terms of a collective bargaining agree- ‘‘(3) DENIAL OF DOUBLE BENEFIT.—For pur- vent the avoidance of the purposes of the
ment for benefits under a defined benefit poses of chapter 1, the gross income of the limitations under this section,
plan under such agreement, as such rate is employer, for the taxable year which in- ‘‘(2) regulations or other guidance to mini-
applied to contribution base units (as defined cludes the last day of any calendar quarter mize compliance and record-keeping burdens
by section 4001(a)(11) of the Employee Retire- with respect to which a credit is allowed under this section,
ment Income Security Act of 1974 (29 U.S.C. under this section, shall be increased by the ‘‘(3) regulations or other guidance pro-
1301(a)(11)). amount of such credit. Any wages taken into viding for waiver of penalties for failure to
‘‘(C) ALLOCATION RULES.—The amount of account in determining the credit allowed deposit amounts in anticipation of the allow-
collectively bargained defined benefit pen- under this section shall not be taken into ac- ance of the credit allowed under this section,
sion plan contributions allocated to qualified count for purposes of determining the credit ‘‘(4) regulations or other guidance for re-
sick leave wages for any calendar quarter allowed under sections 45A, 45P, 45S, 51, 3132, capturing the benefit of credits determined
shall be the product of— and 3134. In the case of any credit allowed under this section in cases where there is a
‘‘(i) the pension contribution rate (ex- under section 2301 of the CARES Act or sec- subsequent adjustment to the credit deter-
pressed as an hourly rate), and tion 41 with respect to wages taken into ac- mined under subsection (a),
‘‘(ii) the number of hours for which quali- count under this section, the credit allowed ‘‘(5) regulations or other guidance to en-
fied sick leave wages were provided to em- under this section shall be reduced by the sure that the wages taken into account
ployees covered under the collective bar- portion of the credit allowed under such sec- under this section conform with the paid
gaining agreement described in subpara- tion 2301 or section 41 which is attributable sick time required to be provided under the
graph (A)(iii) during the calendar quarter. to such wages. Emergency Paid Sick Leave Act,
‘‘(3) COLLECTIVELY BARGAINED APPRENTICE- ‘‘(4) ELECTION TO NOT TAKE CERTAIN WAGES ‘‘(6) regulations or other guidance to per-
SHIP PROGRAM CONTRIBUTIONS.—For purposes INTO ACCOUNT.—This section shall not apply mit the advancement of the credit deter-
of this section— to so much of the qualified sick leave wages mined under subsection (a), and
‘‘(A) IN GENERAL.—The term ‘collectively paid by an eligible employer as such em- ‘‘(7) regulations or other guidance with re-
bargained apprenticeship program contribu- ployer elects (at such time and in such man- spect to the allocation, reporting, and sub-
tions’ means, with respect to any calendar ner as the Secretary may prescribe) to not stantiation of collectively bargained defined
quarter, contributions which— take into account for purposes of this sec- benefit pension plan contributions and col-
‘‘(i) are paid or incurred by an employer on tion. lectively bargained apprenticeship program
behalf of its employees with respect to the ‘‘(5) CERTAIN GOVERNMENTAL EMPLOYERS.— contributions.
calendar quarter to a registered apprentice- No credit shall be allowed under this section ‘‘(h) APPLICATION OF SECTION.—This section
ship program, to the Government of the United States or to shall apply only to wages paid with respect
‘‘(ii) are made based on an apprenticeship any agency or instrumentality thereof. The to the period beginning on April 1, 2021, and
program contribution rate, and preceding sentence shall not apply to any or- ending on September 30, 2021.
‘‘(iii) are required to be made pursuant to ganization described in section 501(c)(1) and ‘‘(i) TREATMENT OF DEPOSITS.—The Sec-
the terms of a collective bargaining agree- exempt from tax under section 501(a). retary shall waive any penalty under section
ment that is in effect with respect to such ‘‘(6) EXTENSION OF LIMITATION ON ASSESS- 6656 for any failure to make a deposit of ap-
calendar quarter. MENT.—Notwithstanding section 6501, the plicable employment taxes if the Secretary
‘‘(B) REGISTERED APPRENTICESHIP PRO- limitation on the time period for the assess- determines that such failure was due to the
GRAM.—The term ‘registered apprenticeship ment of any amount attributable to a credit anticipation of the credit allowed under this
program’ means an apprenticeship registered claimed under this section shall not expire section.
‘‘(j) NON-DISCRIMINATION REQUIREMENT.—No
under the Act of August 16, 1937 (commonly before the date that is 5 years after the later
credit shall be allowed under this section to
known as the ‘National Apprenticeship Act’; of—
any employer for any calendar quarter if
50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.) ‘‘(A) the date on which the original return such employer, with respect to the avail-
that meets the standards of subpart A of part which includes the calendar quarter with re- ability of the provision of qualified sick
29 and part 30 of title 29, Code of Federal spect to which such credit is determined is leave wages to which this section otherwise
Regulations. filed, or applies for such calendar quarter, discrimi-
‘‘(C) APPRENTICESHIP PROGRAM CONTRIBU- ‘‘(B) the date on which such return is nates in favor of highly compensated em-
TION RATE.—The term ‘apprenticeship pro- treated as filed under section 6501(b)(2). ployees (within the meaning of section
gram contribution rate’ means the contribu- ‘‘(7) COORDINATION WITH CERTAIN PRO- 414(q)), full-time employees, or employees on
tion rate that the employer is obligated to GRAMS.— the basis of employment tenure with such
pay on behalf of its employees under the ‘‘(A) IN GENERAL.—This section shall not employer.
terms of a collective bargaining agreement apply to so much of the qualified sick leave
SSpencer on DSK126QN23PROD with SENATE
‘‘SEC. 3132. PAYROLL CREDIT FOR PAID FAMILY
for benefits under a registered apprentice- wages paid by an eligible employer as are LEAVE.
ship program under such agreement, as such taken into account as payroll costs in con- ‘‘(a) IN GENERAL.—In the case of an em-
rate is applied to contribution base units (as nection with— ployer, there shall be allowed as a credit
defined by section 4001(a)(11) of the Em- ‘‘(i) a covered loan under section 7(a)(37) or against applicable employment taxes for
ployee Retirement Income Security Act of 7A of the Small Business Act, each calendar quarter an amount equal to
1974 (29 U.S.C. 1301(a)(11)). ‘‘(ii) a grant under section 324 of the Eco- 100 percent of the qualified family leave
‘‘(D) ALLOCATION RULES.—The amount of nomic Aid to Hard-Hit Small Businesses, wages paid by such employer with respect to
collectively bargained apprenticeship pro- Non-Profits, and Venues Act, or such calendar quarter.
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00059 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
S1096 CONGRESSIONAL RECORD — SENATE March 4, 2021
‘‘(b) LIMITATIONS AND REFUNDABILITY.— paid by such employer with respect to such ‘‘(ii) the number of hours for which quali-
‘‘(1) WAGES TAKEN INTO ACCOUNT.—The leave shall not be taken into account as fied family leave wages were provided to em-
amount of qualified family leave wages qualified family leave wages. For purposes of ployees covered under the collective bar-
taken into account under subsection (a), plus the preceding sentence, an employer which gaining agreement described in section
any increases under subsection (e), with re- takes an action described in section 105 of 3132(e)(3)(A)(iii) during the calendar quarter.
spect to any individual shall not exceed— the Family and Medical Leave Act of 1993 ‘‘(f) DEFINITIONS AND SPECIAL RULES.—
‘‘(A) for any day (or portion thereof) for shall be treated as failing to meet a require- ‘‘(1) APPLICABLE EMPLOYMENT TAXES.—For
which the individual is paid qualified family ment of such Act. purposes of this section, the term ‘applicable
leave wages, $200, and ‘‘(d) ALLOWANCE OF CREDIT FOR CERTAIN employment taxes’ means the following:
‘‘(B) in the aggregate with respect to all HEALTH PLAN EXPENSES.— ‘‘(A) The taxes imposed under section
calendar quarters, $12,000. ‘‘(1) IN GENERAL.—The amount of the credit 3111(b).
‘‘(2) CREDIT LIMITED TO CERTAIN EMPLOY- allowed under subsection (a) shall be in- ‘‘(B) So much of the taxes imposed under
MENT TAXES.—The credit allowed by sub- creased by so much of the employer’s quali- section 3221(a) as are attributable to the rate
section (a) with respect to any calendar fied health plan expenses as are properly al- in effect under section 3111(b).
quarter shall not exceed the applicable em- locable to the qualified family leave wages ‘‘(2) WAGES.—For purposes of this section,
ployment taxes for such calendar quarter for which such credit is so allowed. the term ‘wages’ means wages (as defined in
(reduced by any credits allowed under sec- ‘‘(2) QUALIFIED HEALTH PLAN EXPENSES.— section 3121(a), determined without regard to
tion 3131) on the wages paid with respect to For purposes of this subsection, the term paragraphs (1) through (22) of section 3121(b))
the employment of all employees of the em- ‘qualified health plan expenses’ means and compensation (as defined in section
ployer. amounts paid or incurred by the employer to 3231(e), determined without regard to the
‘‘(3) REFUNDABILITY OF EXCESS CREDIT.— provide and maintain a group health plan (as sentence in paragraph (1) thereof which be-
‘‘(A) CREDIT IS REFUNDABLE.—If the amount defined in section 5000(b)(1)), but only to the gins ‘Such term does not include remunera-
of the credit under subsection (a) exceeds the extent that such amounts are excluded from tion’).
limitation of paragraph (2) for any calendar the gross income of employees by reason of ‘‘(3) DENIAL OF DOUBLE BENEFIT.—For pur-
quarter, such excess shall be treated as an section 106(a). poses of chapter 1, the gross income of the
overpayment that shall be refunded under ‘‘(3) ALLOCATION RULES.—For purposes of employer, for the taxable year which in-
sections 6402(a) and 6413(b). this section, qualified health plan expenses cludes the last day of any calendar quarter
‘‘(B) ADVANCING CREDIT.—In anticipation of shall be allocated to qualified family leave with respect to which a credit is allowed
the credit, including the refundable portion wages in such manner as the Secretary may under this section, shall be increased by the
under subparagraph (A), the credit shall be prescribe. Except as otherwise provided by amount of such credit. Any wages taken into
advanced, according to forms and instruc- the Secretary, such allocation shall be treat- account in determining the credit allowed
tions provided by the Secretary, up to an ed as properly made if made on the basis of under this section shall not be taken into ac-
amount calculated under subsection (a), sub- being pro rata among covered employees and count for purposes of determining the credit
ject to the limits under paragraph (1) and (2), pro rata on the basis of periods of coverage allowed under sections 45A, 45P, 45S, 51, 3131,
all calculated through the end of the most (relative to the time periods of leave to and 3134. In the case of any credit allowed
recent payroll period in the quarter. which such wages relate). under section 2301 of the CARES Act or sec-
‘‘(c) QUALIFIED FAMILY LEAVE WAGES.— ‘‘(e) ALLOWANCE OF CREDIT FOR AMOUNTS tion 41 with respect to wages taken into ac-
‘‘(1) IN GENERAL.—For purposes of this sec- PAID UNDER CERTAIN COLLECTIVELY BAR- count under this section, the credit allowed
tion, the term ‘qualified family leave wages’ GAINED AGREEMENTS.— under this section shall be reduced by the
means wages paid by an employer which ‘‘(1) IN GENERAL.—The amount of the credit portion of the credit allowed under such sec-
would be required to be paid by reason of the allowed under subsection (a) shall be in- tion 2301 or section 41 which is attributable
Emergency Family and Medical Leave Ex- creased by so much of the sum of— to such wages.
pansion Act (including the amendments ‘‘(A) so much of the employer’s collec- ‘‘(4) ELECTION TO NOT TAKE CERTAIN WAGES
made by such Act) as if such Act (and tively bargained defined benefit pension plan INTO ACCOUNT.—This section shall not apply
amendments made by such Act) applied after contributions as are properly allocable to to so much of the qualified family leave
March 31, 2021. the qualified family leave wages for which wages paid by an eligible employer as such
‘‘(2) RULES OF APPLICATION.— such credit is so allowed, plus employer elects (at such time and in such
‘‘(A) IN GENERAL.—For purposes of deter- ‘‘(B) so much of the employer’s collectively manner as the Secretary may prescribe) to
mining whether wages are qualified family bargained apprenticeship program contribu- not take into account for purposes of this
leave wages under paragraph (1)— tions as are properly allocable to the quali- section.
‘‘(i) section 110(a)(2)(A) of the Family and fied family leave wages for which such credit ‘‘(5) CERTAIN GOVERNMENTAL EMPLOYERS.—
Medical Leave Act of 1993 shall be applied by is so allowed. No credit shall be allowed under this section
inserting ‘or any reason for leave described ‘‘(2) COLLECTIVELY BARGAINED DEFINED BEN- to the Government of the United States or to
in section 5102(a) of the Families First EFIT PENSION PLAN CONTRIBUTIONS.—For pur- any agency or instrumentality thereof. The
Coronavirus Response Act, or the employee poses of this subsection— preceding sentence shall not apply to any or-
is seeking or awaiting the results of a diag- ‘‘(A) IN GENERAL.—The term ‘collectively ganization described in section 501(c)(1) and
nostic test for, or a medical diagnosis of, bargained defined benefit pension plan con- exempt from tax under section 501(a).
COVID-19 and such employee has been ex- tributions’ has the meaning given such term ‘‘(6) EXTENSION OF LIMITATION ON ASSESS-
posed to COVID-19 or the employee’s em- under section 3131(e)(2). MENT.—Notwithstanding section 6501, the
ployer has requested such test or diagnosis, ‘‘(B) ALLOCATION RULES.—The amount of limitation on the time period for the assess-
or the employee is obtaining immunization collectively bargained defined benefit pen- ment of any amount attributable to a credit
related to COVID–19 or recovering from any sion plan contributions allocated to qualified claimed under this section shall not expire
injury, disability, illness, or condition re- family leave wages for any calendar quarter before the date that is 5 years after the later
lated to such immunization’ after ‘public shall be the product of— of—
health emergency’, and ‘‘(i) the pension contribution rate (as de- ‘‘(A) the date on which the original return
‘‘(ii) section 110(b) of such Act shall be ap- fined in section 3131(e)(2)), expressed as an which includes the calendar quarter with re-
plied— hourly rate, and spect to which such credit is determined is
‘‘(I) without regard to paragraph (1) there- ‘‘(ii) the number of hours for which quali- filed, or
of, fied family leave wages were provided to em- ‘‘(B) the date on which such return is
‘‘(II) by striking ‘after taking leave after ployees covered under the collective bar- treated as filed under section 6501(b)(2).
such section for 10 days’ in paragraph (2)(A) gaining agreement described in section ‘‘(7) COORDINATION WITH CERTAIN PRO-
thereof, and 3132(e)(2)(A)(iii) during the calendar quarter. GRAMS.—
‘‘(III) by substituting ‘$12,000’ for ‘$10,000’ ‘‘(3) COLLECTIVELY BARGAINED APPRENTICE- ‘‘(A) IN GENERAL.—This section shall not
in paragraph (2)(B)(ii) thereof. SHIP PROGRAM CONTRIBUTIONS.—For purposes apply to so much of the qualified family
‘‘(B) LEAVE MUST MEET REQUIREMENTS.— of this section— leave wages paid by an eligible employer as
For purposes of determining whether wages ‘‘(A) IN GENERAL.—The term ‘collectively are taken into account as payroll costs in
would be required to be paid under paragraph bargained apprenticeship program contribu- connection with—
(1), if an employer fails to comply with any tions’ has the meaning given such term ‘‘(i) a covered loan under section 7(a)(37) or
requirement of the Family and Medical under section 3131(e)(3). 7A of the Small Business Act,
Leave Act of 1993 or the Emergency Family ‘‘(B) ALLOCATION RULES.—For purposes of ‘‘(ii) a grant under section 324 of the Eco-
SSpencer on DSK126QN23PROD with SENATE
and Medical Leave Expansion Act (deter- this section, the amount of collectively bar- nomic Aid to Hard-Hit Small Businesses,
mined without regard to any time limitation gained apprenticeship program contributions Non-Profits, and Venues Act, or
under section 102(a)(1)(F) of the Family and allocated to qualified family leave wages for ‘‘(iii) a restaurant revitalization grant
Medical Leave Act of 1994) with respect to any calendar quarter shall be the product under section 5003 of the American Rescue
any leave provided for a qualifying need re- of— Plan Act of 2021.
lated to a public health emergency (as de- ‘‘(i) the apprenticeship contribution rate ‘‘(B) APPLICATION WHERE PPP LOANS NOT
fined in section 110 of such Act, applied as (as defined in section 3131(e)(3)), expressed as FORGIVEN.—The Secretary shall issue guid-
described in subparagraph (A)(i)), amounts an hourly rate, and ance providing that payroll costs paid during
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00060 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1097
the covered period shall not fail to be treated credit increase under subsection (a), see sec- (A) the net earnings from self-employment
as qualified family leave wages under this tions 3131(f)(3) and 3132(f)(3).’’. of the individual for the taxable year, di-
section by reason of subparagraph (A)(i) to (b) REFUNDS.—Paragraph (2) of section vided by
the extent that— 1324(b) of title 31, United States Code, is (B) 260.
‘‘(i) a covered loan of the taxpayer under amended by inserting ‘‘3131, 3132,’’ before (3) ELECTION TO USE PRIOR YEAR NET EARN-
section 7(a)(37) of the Small Business Act is ‘‘6428’’. INGS FROM SELF-EMPLOYMENT INCOME.—In the
not forgiven by reason of a decision under (c) CLERICAL AMENDMENT.—The table of case of an individual who elects (at such
section 7(a)(37)(J) of such Act, or subchapters for chapter 21 of the Internal time and in such manner as the Secretary
‘‘(ii) a covered loan of the taxpayer under Revenue Code of 1986 is amended by adding may provide) the application of this para-
section 7A of the Small Business Act is not at the end the following new item: graph, paragraph (2)(A) shall be applied by
forgiven by reason of a decision under sec- ‘‘SUBCHAPTER D—CREDITS’’. substituting ‘‘the prior taxable year’’ for
tion 7A(g) of such Act. (d) EFFECTIVE DATE.—The amendments ‘‘the taxable year’’.
Terms used in the preceding sentence which made by this section shall apply to amounts (4) ELECTION TO NOT TAKE DAYS INTO AC-
are also used in section 7A(g) or 7(a)(37)(J) of paid with respect to calendar quarters begin- COUNT.—Any day shall not be taken into ac-
the Small Business Act shall, when applied ning after March 31, 2021. count under paragraph (1)(A) if the eligible
in connection with either such section, have SEC. 9642. CREDIT FOR SICK LEAVE FOR CER- self-employed individual elects (at such time
the same meaning as when used in such sec- TAIN SELF-EMPLOYED INDIVIDUALS. and in such manner as the Secretary may
tion, respectively. (a) IN GENERAL.—In the case of an eligible prescribe) to not take such day into account
‘‘(g) REGULATIONS.—The Secretary shall self-employed individual, there shall be al- for purposes of such paragraph.
prescribe such regulations or other guidance lowed as a credit against the tax imposed by (d) CREDIT REFUNDABLE.—
as may be necessary to carry out the pur- chapter 1 of the Internal Revenue Code of (1) IN GENERAL.—The credit determined
poses of this section, including— 1986 for any taxable year an amount equal to under this section shall be treated as a credit
‘‘(1) regulations or other guidance to pre- the qualified sick leave equivalent amount allowed to the taxpayer under subpart C of
vent the avoidance of the purposes of the with respect to the individual.
part IV of subchapter A of chapter 1 of such
limitations under this section, (b) ELIGIBLE SELF-EMPLOYED INDIVIDUAL.—
For purposes of this section— Code.
‘‘(2) regulations or other guidance to mini- (2) TREATMENT OF PAYMENTS.—For pur-
mize compliance and record-keeping burdens (1) IN GENERAL.—The term ‘‘eligible self-
employed individual’’ means an individual poses of section 1324 of title 31, United States
under this section, Code, any refund due from the credit deter-
‘‘(3) regulations or other guidance pro- who—
(A) regularly carries on any trade or busi- mined under this section shall be treated in
viding for waiver of penalties for failure to the same manner as a refund due from a
ness within the meaning of section 1402 of
deposit amounts in anticipation of the allow- credit provision referred to in subsection
the Internal Revenue Code of 1986, and
ance of the credit allowed under this section, (b)(2) of such section.
(B) would be entitled to receive paid leave
‘‘(4) regulations or other guidance for re- (e) SPECIAL RULES.—
during the taxable year pursuant to the
capturing the benefit of credits determined (1) DOCUMENTATION.—No credit shall be al-
Emergency Paid Sick Leave Act if—
under this section in cases where there is a lowed under this section unless the indi-
(i) the individual were an employee of an
subsequent adjustment to the credit deter- vidual maintains such documentation as the
employer (other than himself or herself), and
mined under subsection (a), Secretary may prescribe to establish such in-
(ii) such Act applied after March 31, 2021.
‘‘(5) regulations or other guidance to en- dividual as an eligible self-employed indi-
(2) RULES OF APPLICATION.—For purposes of
sure that the wages taken into account vidual.
paragraph (1)(B), in determining whether an
under this section conform with the paid (2) DENIAL OF DOUBLE BENEFIT.—In the case
individual would be entitled to receive paid
leave required to be provided under the of an individual who receives wages (as de-
leave under the Emergency Paid Sick Leave
Emergency Family and Medical Leave Ex- fined in section 3121(a) of the Internal Rev-
Act, such Act shall be applied—
pansion Act (including the amendments enue Code of 1986) or compensation (as de-
(A) by inserting ‘‘, the employee is seeking
made by such Act), fined in section 3231(e) of such Code) paid by
or awaiting the results of a diagnostic test
‘‘(6) regulations or other guidance to per- an employer which are required to be paid by
for, or a medical diagnosis of, COVID-19 and
mit the advancement of the credit deter- reason of the Emergency Paid Sick Leave
such employee has been exposed to COVID-19
mined under subsection (a), and Act, the qualified sick leave equivalent
or is unable to work pending the results of
‘‘(7) regulations or other guidance with re- amount otherwise determined under sub-
such test or diagnosis, or the employee is ob-
spect to the allocation, reporting, and sub- section (c) of this section shall be reduced
taining immunization related to COVID–19
stantiation of collectively bargained defined (but not below zero) to the extent that the
or recovering from any injury, disability, ill-
benefit pension plan contributions and col- sum of the amount described in such sub-
ness, or condition related to such immuniza-
lectively bargained apprenticeship program section and in section 3131(b)(1) of such Code
tion’’ after ‘‘medical diagnosis’’ in section
contributions. exceeds $2,000 ($5,110 in the case of any day
‘‘(h) APPLICATION OF SECTION.—This section 5102(a)(3) of such Act, and
(B) by applying section 5102(b)(1) of such any portion of which is paid sick time de-
shall apply only to wages paid with respect scribed in paragraph (1), (2), or (3) of section
to the period beginning on April 1, 2021, and Act separately with respect to each taxable
year. 5102(a) of the Emergency Paid Sick Leave
ending on September 30, 2021. Act).
‘‘(i) TREATMENT OF DEPOSITS.—The Sec- (c) QUALIFIED SICK LEAVE EQUIVALENT
retary shall waive any penalty under section AMOUNT.—For purposes of this section— (f) APPLICATION OF SECTION.—Only days oc-
6656 for any failure to make a deposit of ap- (1) IN GENERAL.—The term ‘‘qualified sick curring during the period beginning on April
plicable employment taxes if the Secretary leave equivalent amount’’ means, with re- 1, 2021, and ending on September 30, 2021,
determines that such failure was due to the spect to any eligible self-employed indi- may be taken into account under subsection
anticipation of the credit allowed under this vidual, an amount equal to— (c)(1)(A).
section. (A) the number of days during the taxable (g) APPLICATION OF CREDIT IN CERTAIN POS-
‘‘(j) NON-DISCRIMINATION REQUIREMENT.—No year (but not more than 10) that the indi- SESSIONS.—
credit shall be allowed under this section to vidual is unable to perform services in any (1) PAYMENTS TO POSSESSIONS WITH MIRROR
any employer for any calendar quarter if trade or business referred to in section 1402 CODE TAX SYSTEMS.—The Secretary shall pay
such employer, with respect to the avail- of the Internal Revenue Code of 1986 for a to each possession of the United States
ability of the provision of qualified family reason with respect to which such individual which has a mirror code tax system amounts
leave wages to which this section otherwise would be entitled to receive sick leave as de- equal to the loss (if any) to that possession
applies for such calendar quarter, discrimi- scribed in subsection (b), multiplied by by reason of the application of the provisions
nates in favor of highly compensated em- (B) the lesser of— of this section. Such amounts shall be deter-
ployees (within the meaning of section (i) $200 ($511 in the case of any day of paid mined by the Secretary based on information
414(q)), full-time employees, or employees on sick time described in paragraph (1), (2), or provided by the government of the respective
the basis of employment tenure with such (3) of section 5102(a) of the Emergency Paid possession.
employer. Sick Leave Act, applied with the modifica- (2) PAYMENTS TO OTHER POSSESSIONS.—The
‘‘SEC. 3133. SPECIAL RULE RELATED TO TAX ON tion described in subsection (b)(2)(A)) of this Secretary shall pay to each possession of the
EMPLOYERS. section, or United States which does not have a mirror
‘‘(a) IN GENERAL.—The credit allowed by (ii) 67 percent (100 percent in the case of code tax system amounts estimated by the
section 3131 and the credit allowed by section any day of paid sick time described in para- Secretary as being equal to the aggregate
SSpencer on DSK126QN23PROD with SENATE
3132 shall each be increased by the amount of graph (1), (2), or (3) of section 5102(a) of the benefits (if any) that would have been pro-
the taxes imposed by subsections (a) and (b) Emergency Paid Sick Leave Act) of the aver- vided to residents of such possession by rea-
of section 3111 and section 3221(a) on quali- age daily self-employment income of the in- son of the provisions of this section if a mir-
fied sick leave wages, or qualified family dividual for the taxable year. ror code tax system had been in effect in
leave wages, for which credit is allowed (2) AVERAGE DAILY SELF-EMPLOYMENT IN- such possession. The preceding sentence
under such section 3131 or 3132 (respectively). COME.—For purposes of this subsection, the shall not apply unless the respective posses-
‘‘(b) DENIAL OF DOUBLE BENEFIT.—For de- term ‘‘average daily self-employment in- sion has a plan, which has been approved by
nial of double benefit with respect to the come’’ means an amount equal to— the Secretary, under which such possession
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00061 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
S1098 CONGRESSIONAL RECORD — SENATE March 4, 2021
will promptly distribute such payments to (A) the number of days (not to exceed 60) which has a mirror code tax system amounts
its residents. during the taxable year that the individual equal to the loss (if any) to that possession
(3) MIRROR CODE TAX SYSTEM.—For pur- is unable to perform services in any trade or by reason of the application of the provisions
poses of this section, the term ‘‘mirror code business referred to in section 1402 of the In- of this section. Such amounts shall be deter-
tax system’’ means, with respect to any pos- ternal Revenue Code of 1986 for a reason with mined by the Secretary based on information
session of the United States, the income tax respect to which such individual would be provided by the government of the respective
system of such possession if the income tax entitled to receive paid leave as described in possession.
liability of the residents of such possession subsection (b) of this section, multiplied by (2) PAYMENTS TO OTHER POSSESSIONS.—The
under such system is determined by ref- (B) the lesser of— Secretary shall pay to each possession of the
erence to the income tax laws of the United (i) 67 percent of the average daily self-em- United States which does not have a mirror
States as if such possession were the United ployment income of the individual for the code tax system amounts estimated by the
States. taxable year, or Secretary as being equal to the aggregate
(4) TREATMENT OF PAYMENTS.—For pur- (ii) $200. benefits (if any) that would have been pro-
poses of section 1324 of title 31, United States (2) AVERAGE DAILY SELF-EMPLOYMENT IN- vided to residents of such possession by rea-
Code, the payments under this subsection COME.—For purposes of this subsection, the son of the provisions of this section if a mir-
shall be treated in the same manner as a re- term ‘‘average daily self-employment in- ror code tax system had been in effect in
fund due from a credit provision referred to come’’ means an amount equal to— such possession. The preceding sentence
in subsection (b)(2) of such section. (A) the net earnings from self-employment shall not apply unless the respective posses-
(h) REGULATIONS.—The Secretary shall pre- income of the individual for the taxable sion has a plan, which has been approved by
scribe such regulations or other guidance as year, divided by the Secretary, under which such possession
may be necessary to carry out the purposes (B) 260. will promptly distribute such payments to
of this section, including— (3) ELECTION TO USE PRIOR YEAR NET EARN- its residents.
(1) regulations or other guidance to effec- INGS FROM SELF-EMPLOYMENT INCOME.—In the (3) MIRROR CODE TAX SYSTEM.—For pur-
tuate the purposes of this section, and case of an individual who elects (at such poses of this section, the term ‘‘mirror code
(2) regulations or other guidance to mini- time and in such manner as the Secretary tax system’’ means, with respect to any pos-
mize compliance and record-keeping burdens may provide) the application of this para- session of the United States, the income tax
under this section. graph, paragraph (2)(A) shall be applied by system of such possession if the income tax
SEC. 9643. CREDIT FOR FAMILY LEAVE FOR CER-
substituting ‘‘the prior taxable year’’ for liability of the residents of such possession
TAIN SELF-EMPLOYED INDIVIDUALS. ‘‘the taxable year’’. under such system is determined by ref-
(a) IN GENERAL.—In the case of an eligible (4) COORDINATION WITH CREDIT FOR SICK erence to the income tax laws of the United
LEAVE.—Any day taken into account in de- States as if such possession were the United
self-employed individual, there shall be al-
lowed as a credit against the tax imposed by termining the qualified sick leave equivalent States.
chapter 1 of the Internal Revenue Code of amount with respect to any eligible-self em- (4) TREATMENT OF PAYMENTS.—For pur-
1986 for any taxable year an amount equal to ployed individual under section 9642 shall not poses of section 1324 of title 31, United States
100 percent of the qualified family leave be take into account in determining the Code, the payments under this subsection
equivalent amount with respect to the indi- qualified family leave equivalent amount shall be treated in the same manner as a re-
vidual. with respect to such individual under this fund due from a credit provision referred to
section. in subsection (b)(2) of such section.
(b) ELIGIBLE SELF-EMPLOYED INDIVIDUAL.—
(d) CREDIT REFUNDABLE.— (h) REGULATIONS.—The Secretary shall pre-
For purposes of this section—
(1) IN GENERAL.—The credit determined
(1) IN GENERAL.—The term ‘‘eligible self- scribe such regulations or other guidance as
under this section shall be treated as a credit
employed individual’’ means an individual may be necessary to carry out the purposes
allowed to the taxpayer under subpart C of
who— of this section, including—
part IV of subchapter A of chapter 1 of such
(A) regularly carries on any trade or busi- (1) regulations or other guidance to pre-
Code.
ness within the meaning of section 1402 of vent the avoidance of the purposes of this
(2) TREATMENT OF PAYMENTS.—For pur-
the Internal Revenue Code of 1986, and section, and
poses of section 1324 of title 31, United States
(B) would be entitled to receive paid leave (2) regulations or other guidance to mini-
Code, any refund due from the credit deter-
during the taxable year pursuant to the mize compliance and record-keeping burdens
mined under this section shall be treated in
Emergency Family and Medical Leave Ex- under this section.
the same manner as a refund due from a
pansion Act if— PART 6—EMPLOYEE RETENTION CREDIT
credit provision referred to in subsection
(i) the individual were an employee of an
(b)(2) of such section. SEC. 9651. EXTENSION OF EMPLOYEE RETENTION
employer (other than himself or herself), (e) SPECIAL RULES.— CREDIT.
(ii) section 102(a)(1)(F) of the Family and (1) DOCUMENTATION.—No credit shall be al-
Medical Leave Act of 1993 applied after (a) IN GENERAL.—Subchapter D of chapter
lowed under this section unless the indi- 21 of subtitle C of the Internal Revenue Code
March 31, 2021. vidual maintains such documentation as the
(2) RULES OF APPLICATION.—For purposes of of 1986, as added by section 9641, is amended
Secretary may prescribe to establish such in- by adding at the end the following:
paragraph (1)(B), in determining whether an dividual as an eligible self-employed indi-
individual would be entitled to receive paid vidual. ‘‘SEC. 3134. EMPLOYEE RETENTION CREDIT FOR
leave under the Emergency Family and Med- EMPLOYERS SUBJECT TO CLOSURE
(2) DENIAL OF DOUBLE BENEFIT.—In the case DUE TO COVID–19.
ical Leave Act— of an individual who receives wages (as de-
(A) section 110(a)(2)(A) of the Family and fined in section 3121(a) of the Internal Rev- ‘‘(a) IN GENERAL.—In the case of an eligible
Medical Leave Act of 1993 shall be applied by enue Code of 1986) or compensation (as de- employer, there shall be allowed as a credit
inserting ‘‘or any reason for leave described fined in section 3231(e) of such Code) paid by against applicable employment taxes for
in section 5102(a) of the Families First an employer which are required to be paid by each calendar quarter an amount equal to 70
Coronavirus Response Act, or the employee reason of the Emergency Family and Med- percent of the qualified wages with respect
is seeking or awaiting the results of a diag- ical Leave Expansion Act, the qualified fam- to each employee of such employer for such
nostic test for, or a medical diagnosis of, ily leave equivalent amount otherwise de- calendar quarter.
COVID-19 and such employee has been ex- scribed in subsection (c) of this section shall ‘‘(b) LIMITATIONS AND REFUNDABILITY.—
posed to COVID-19 or is unable to work pend- be reduced (but not below zero) to the extent ‘‘(1) IN GENERAL.—
ing the results of such test or diagnosis, or that the sum of the amount described in ‘‘(A) WAGES TAKEN INTO ACCOUNT.—The
the employee is obtaining immunization re- such subsection and in section 3132(b)(1) of amount of qualified wages with respect to
lated to COVID–19 or recovering from any in- such Code exceeds $12,000. any employee which may be taken into ac-
jury, disability, illness, or condition related (3) REFERENCES TO EMERGENCY FAMILY AND count under subsection (a) by the eligible
to such immunization’’ after ‘‘public health MEDICAL LEAVE EXPANSION ACT.—Any ref- employer for any calendar quarter shall not
emergency’’, and erence in this section to the Emergency exceed $10,000.
(B) section 110(b) of such Act shall be ap- Family and Medical Leave Expansion Act ‘‘(B) RECOVERY STARTUP BUSINESSES.—In
plied— shall be treated as including a reference to the case of an eligible employer which is a
(i) without regard to paragraph (1) thereof, the amendments made by such Act. recovery startup business (as defined in sub-
and (f) APPLICATION OF SECTION.—Only days oc- section (c)(5)), the amount of the credit al-
(ii) by striking ‘‘after taking leave after lowed under subsection (a) (after application
SSpencer on DSK126QN23PROD with SENATE
curring during the period beginning on April
such section for 10 days’’ in paragraph (2)(A) 1, 2021 and ending on September 30, 2021, may of subparagraph (A)) for any calendar quar-
thereof. be taken into account under subsection ter shall not exceed $50,000.
(c) QUALIFIED FAMILY LEAVE EQUIVALENT (c)(1)(A). ‘‘(2) CREDIT LIMITED TO EMPLOYMENT
AMOUNT.—For purposes of this section— (g) APPLICATION OF CREDIT IN CERTAIN POS- TAXES.—The credit allowed by subsection (a)
(1) IN GENERAL.—The term ‘‘qualified fam- SESSIONS.— with respect to any calendar quarter shall
ily leave equivalent amount’’ means, with (1) PAYMENTS TO POSSESSIONS WITH MIRROR not exceed the applicable employment taxes
respect to any eligible self-employed indi- CODE TAX SYSTEMS.—The Secretary shall pay (reduced by any credits allowed under sec-
vidual, an amount equal to the product of— to each possession of the United States tions 3131 and 3132) on the wages paid with
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00062 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1099
respect to the employment of all the employ- by such eligible employer with respect to ‘‘(C) which, with respect to such quarter, is
ees of the eligible employer for such calendar which an employee is not providing services not described in subclause (I) or (II) of para-
quarter. due to circumstances described in subclause graph (2)(A)(ii).
‘‘(3) REFUNDABILITY OF EXCESS CREDIT.—If (I) or (II) of paragraph (2)(A)(ii), or ‘‘(6) OTHER TERMS.—Any term used in this
the amount of the credit under subsection (a) ‘‘(ii) in the case of an eligible employer for section which is also used in this chapter or
exceeds the limitation of paragraph (2) for which the average number of full-time em- chapter 22 shall have the same meaning as
any calendar quarter, such excess shall be ployees (within the meaning of section when used in such chapter.
treated as an overpayment that shall be re- 4980H) employed by such eligible employer ‘‘(d) AGGREGATION RULE.—All persons
funded under sections 6402(a) and 6413(b). during 2019 was not greater than 500— treated as a single employer under sub-
‘‘(c) DEFINITIONS.—For purposes of this sec- ‘‘(I) with respect to an eligible employer section (a) or (b) of section 52, or subsection
tion— (m) or (o) of section 414, shall be treated as
described in subclause (I) of paragraph
‘‘(1) APPLICABLE EMPLOYMENT TAXES.—The one employer for purposes of this section.
(2)(A)(ii), wages paid by such eligible em-
term ‘applicable employment taxes’ means ‘‘(e) CERTAIN RULES TO APPLY.—For pur-
ployer with respect to an employee during
the following: poses of this section, rules similar to the
‘‘(A) The taxes imposed under section any period described in such clause, or rules of sections 51(i)(1) and 280C(a) shall
3111(b). ‘‘(II) with respect to an eligible employer apply.
‘‘(B) So much of the taxes imposed under described in subclause (II) of such paragraph, ‘‘(f) CERTAIN GOVERNMENTAL EMPLOYERS.—
section 3221(a) as are attributable to the rate wages paid by such eligible employer with ‘‘(1) IN GENERAL.—This credit shall not
in effect under section 3111(b). respect to an employee during such quarter. apply to the Government of the United
‘‘(2) ELIGIBLE EMPLOYER.— ‘‘(B) SPECIAL RULE FOR EMPLOYERS NOT IN States, the government of any State or polit-
‘‘(A) IN GENERAL.—The term ‘eligible em- EXISTENCE IN 2019.—In the case of any em- ical subdivision thereof, or any agency or in-
ployer’ means any employer— ployer that was not in existence in 2019, sub- strumentality of any of the foregoing.
‘‘(i) which was carrying on a trade or busi- paragraph (A) shall be applied by sub- ‘‘(2) EXCEPTION.—Paragraph (1) shall not
ness during the calendar quarter for which stituting ‘2020’ for ‘2019’ each place it ap- apply to—
the credit is determined under subsection pears. ‘‘(A) any organization described in section
(a), and ‘‘(C) SEVERELY FINANCIALLY DISTRESSED 501(c)(1) and exempt from tax under section
‘‘(ii) with respect to any calendar quarter, EMPLOYERS.— 501(a), or
for which— ‘‘(i) IN GENERAL.—Notwithstanding sub- ‘‘(B) any entity described in paragraph (1)
‘‘(I) the operation of the trade or business paragraph (A)(i), in the case of a severely fi- if—
described in clause (i) is fully or partially nancially distressed employer, the term ‘‘(i) such entity is a college or university,
suspended during the calendar quarter due to ‘qualified wages’ means wages paid by such or
orders from an appropriate governmental au- employer with respect to an employee during ‘‘(ii) the principal purpose or function of
thority limiting commerce, travel, or group any calendar quarter. such entity is providing medical or hospital
meetings (for commercial, social, religious, ‘‘(ii) DEFINITION.—The term ‘severely fi- care.
or other purposes) due to the coronavirus nancially distressed employer’ means an eli- In the case of any entity described in sub-
disease 2019 (COVID–19), gible employer as defined in paragraph (2), paragraph (B), such entity shall be treated as
‘‘(II) the gross receipts (within the mean- determined by substituting ‘less than 10 per- satisfying the requirements of subsection
ing of section 448(c)) of such employer for cent’ for ‘less than 80 percent’ in subpara- (c)(2)(A)(i).
such calendar quarter are less than 80 per- graph (A)(ii)(II) thereof. ‘‘(g) ELECTION TO NOT TAKE CERTAIN WAGES
cent of the gross receipts of such employer ‘‘(D) EXCEPTION.—The term ‘qualified INTO ACCOUNT.—This section shall not apply
for the same calendar quarter in calendar wages’ shall not include any wages taken to so much of the qualified wages paid by an
year 2019, or into account under sections 41, 45A, 45P, 45S, eligible employer as such employer elects (at
‘‘(III) the employer is a recovery startup 51, 1396, 3131, and 3132. such time and in such manner as the Sec-
business (as defined in paragraph (5)). ‘‘(4) WAGES.— retary may prescribe) to not take into ac-
With respect to any employer for any cal- ‘‘(A) IN GENERAL.—The term ‘wages’ means count for purposes of this section.
endar quarter, if such employer was not in wages (as defined in section 3121(a)) and com- ‘‘(h) COORDINATION WITH CERTAIN PRO-
existence as of the beginning of the same cal- pensation (as defined in section 3231(e)). For GRAMS.—
endar quarter in calendar year 2019, clause ‘‘(1) IN GENERAL.—This section shall not
purposes of the preceding sentence, in the
(ii)(II) shall be applied by substituting ‘2020’ apply to so much of the qualified wages paid
case of any organization or entity described
for ‘2019’. by an eligible employer as are taken into ac-
in subsection (f)(2), wages as defined in sec-
‘‘(B) ELECTION TO USE ALTERNATIVE QUAR- count as payroll costs in connection with—
tion 3121(a) shall be determined without re-
TER.—At the election of the employer— ‘‘(A) a covered loan under section 7(a)(37)
gard to paragraphs (5), (6), (7), (10), and (13) of
‘‘(i) subparagraph (A)(ii)(II) shall be ap- or 7A of the Small Business Act,
plied— section 3121(b) (except with respect to serv-
ices performed in a penal institution by an ‘‘(B) a grant under section 324 of the Eco-
‘‘(I) by substituting ‘for the immediately nomic Aid to Hard-Hit Small Businesses,
preceding calendar quarter’ for ‘for such cal- inmate thereof).
‘‘(B) ALLOWANCE FOR CERTAIN HEALTH PLAN Non-Profits, and Venues Act, or
endar quarter’, and ‘‘(C) a restaurant revitalization grant
EXPENSES.—
‘‘(II) by substituting ‘the corresponding under section 5003 of the American Rescue
calendar quarter in calendar year 2019’ for ‘‘(i) IN GENERAL.—Such term shall include
Plan Act of 2021.
‘the same calendar quarter in calendar year amounts paid by the eligible employer to
‘‘(2) APPLICATION WHERE PPP LOANS NOT
2019’, and provide and maintain a group health plan (as
FORGIVEN.—The Secretary shall issue guid-
‘‘(ii) the last sentence of subparagraph (A) defined in section 5000(b)(1)), but only to the
ance providing that payroll costs paid during
shall be applied by substituting ‘the cor- extent that such amounts are excluded from
the covered period shall not fail to be treated
responding calendar quarter in calendar year the gross income of employees by reason of
as qualified wages under this section by rea-
2019’ for ‘the same calendar quarter in cal- section 106(a).
son of paragraph (1) to the extent that—
endar year 2019’. ‘‘(ii) ALLOCATION RULES.—For purposes of
‘‘(A) a covered loan of the taxpayer under
An election under this subparagraph shall be this section, amounts treated as wages under
section 7(a)(37) of the Small Business Act is
made at such time and in such manner as the clause (i) shall be treated as paid with re-
not forgiven by reason of a decision under
Secretary shall prescribe. spect to any employee (and with respect to
section 7(a)(37)(J) of such Act, or
‘‘(C) TAX-EXEMPT ORGANIZATIONS.—In the any period) to the extent that such amounts ‘‘(B) a covered loan of the taxpayer under
case of an organization which is described in are properly allocable to such employee (and section 7A of the Small Business Act is not
section 501(c) and exempt from tax under sec- to such period) in such manner as the Sec- forgiven by reason of a decision under sec-
tion 501(a)— retary may prescribe. Except as otherwise tion 7A(g) of such Act.
‘‘(i) clauses (i) and (ii)(I) of subparagraph provided by the Secretary, such allocation Terms used in the preceding sentence which
(A) shall apply to all operations of such orga- shall be treated as properly made if made on are also used in section 7A(g) or 7(a)(37)(J) of
nization, and the basis of being pro rata among periods of the Small Business Act shall, when applied
‘‘(ii) any reference in this section to gross coverage. in connection with either such section, have
receipts shall be treated as a reference to ‘‘(5) RECOVERY STARTUP BUSINESS.—The the same meaning as when used in such sec-
gross receipts within the meaning of section term ‘recovery startup business’ means any tion, respectively.
6033. employer— ‘‘(i) THIRD PARTY PAYORS.—Any credit al-
SSpencer on DSK126QN23PROD with SENATE
‘‘(3) QUALIFIED WAGES.— ‘‘(A) which began carrying on any trade or lowed under this section shall be treated as
‘‘(A) IN GENERAL.—The term ‘qualified business after February 15, 2020, a credit described in section 3511(d)(2).
wages’ means— ‘‘(B) for which the average annual gross re- ‘‘(j) ADVANCE PAYMENTS.—
‘‘(i) in the case of an eligible employer for ceipts of such employer (as determined under ‘‘(1) IN GENERAL.—Except as provided in
which the average number of full-time em- rules similar to the rules under section paragraph (2), no advance payment of the
ployees (within the meaning of section 448(c)(3)) for the 3-taxable-year period ending credit under subsection (a) shall be allowed.
4980H) employed by such eligible employer with the taxable year which precedes such ‘‘(2) ADVANCE PAYMENTS TO SMALL EMPLOY-
during 2019 was greater than 500, wages paid quarter does not exceed $1,000,000, and ERS.—
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00063 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
S1100 CONGRESSIONAL RECORD — SENATE March 4, 2021
‘‘(A) IN GENERAL.—Under rules provided by attributable to the rate in effect under sec- including through the leaseback of employ-
the Secretary, an eligible employer for tion 3111(b) (whichever is applicable) for the ees.
which the average number of full-time em- calendar quarter shall be increased by the Any forms, instructions, regulations, or
ployees (within the meaning of section amount of such excess. other guidance described in paragraph (2)
4980H) employed by such eligible employer ‘‘(k) TREATMENT OF DEPOSITS.—The Sec- shall require the customer to be responsible
during 2019 was not greater than 500 may retary shall waive any penalty under section for the accounting of the credit and for any
elect for any calendar quarter to receive an 6656 for any failure to make a deposit of any liability for improperly claimed credits and
advance payment of the credit under sub- applicable employment taxes if the Sec- shall require the certified professional em-
section (a) for such quarter in an amount not retary determines that such failure was due ployer organization or other third party
to exceed 70 percent of the average quarterly to the reasonable anticipation of the credit payor to accurately report such tax credits
wages paid by the employer in calendar year allowed under this section. based on the information provided by the
2019. customer.
‘‘(B) SPECIAL RULE FOR SEASONAL EMPLOY- ‘‘(l) EXTENSION OF LIMITATION ON ASSESS-
‘‘(n) APPLICATION.—This section shall only
MENT.—Notwithstanding section 6501, the
ERS.—In the case of any employer who em- apply to wages paid after June 30, 2021, and
ploys seasonal workers (as defined in section limitation on the time period for the assess-
before January 1, 2022.’’.
45R(d)(5)(B)), the employer may elect to ment of any amount attributable to a credit
(b) REFUNDS.—Paragraph (2) of section
apply subparagraph (A) by substituting ‘the claimed under this section shall not expire
1324(b) of title 31, United States Code, is
wages for the calendar quarter in 2019 which before the date that is 5 years after the later
amended by inserting ‘‘3134,’’ before ‘‘6428’’.
corresponds to the calendar quarter to which of—
‘‘(1) the date on which the original return (c) CLERICAL AMENDMENT.—The table of
the election relates’ for ‘the average quar- sections for subchapter D of chapter 21 of
terly wages paid by the employer in calendar which includes the calendar quarter with re-
spect to which such credit is determined is subtitle C of the Internal Revenue Code of
year 2019’. 1986 is amended by adding at the end the fol-
‘‘(C) SPECIAL RULE FOR EMPLOYERS NOT IN filed, or
‘‘(2) the date on which such return is treat- lowing:
EXISTENCE IN 2019.—In the case of any em-
ployer that was not in existence in 2019, sub- ed as filed under section 6501(b)(2). ‘‘Sec. 3134. Employee retention credit for
paragraphs (A) and (B) shall each be applied ‘‘(m) REGULATIONS AND GUIDANCE.—The employers subject to closure
by substituting ‘2020’ for ‘2019’ each place it Secretary shall issue such forms, instruc- due to COVID–19.’’.
appears. tions, regulations, and other guidance as are (d) EFFECTIVE DATE.—The amendments
‘‘(3) RECONCILIATION OF CREDIT WITH AD- necessary— made by this section shall apply to calendar
VANCE PAYMENTS.— ‘‘(1) to allow the advance payment of the quarters beginning after June 30, 2021.
‘‘(A) IN GENERAL.—The amount of credit credit under subsection (a) as provided in PART 7—PREMIUM TAX CREDIT
which would (but for this subsection) be al- subsection (j)(2), subject to the limitations SEC. 9661. IMPROVING AFFORDABILITY BY EX-
lowed under this section shall be reduced provided in this section, based on such infor- PANDING PREMIUM ASSISTANCE
(but not below zero) by the aggregate pay- mation as the Secretary shall require, FOR CONSUMERS.
ment allowed to the taxpayer under para- ‘‘(2) with respect to the application of the (a) IN GENERAL.—Section 36B(b)(3)(A) of
graph (2). Any failure to so reduce the credit credit under subsection (a) to third party the Internal Revenue Code of 1986 is amended
shall be treated as arising out of a mathe- payors (including professional employer or- by adding at the end the following new
matical or clerical error and assessed accord- ganizations, certified professional employer clause:
ing to section 6213(b)(1). organizations, or agents under section 3504), ‘‘(iii) TEMPORARY PERCENTAGES FOR 2021
‘‘(B) EXCESS ADVANCE PAYMENTS.—If the including regulations or guidance allowing AND 2022.—In the case of a taxable year be-
advance payments to a taxpayer under para- such payors to submit documentation nec- ginning in 2021 or 2022—
graph (2) for a calendar quarter exceed the essary to substantiate the eligible employer ‘‘(I) clause (ii) shall not apply for purposes
credit allowed by this section (determined status of employers that use such payors, of adjusting premium percentages under this
without regard to subparagraph (A)), the tax and subparagraph, and
imposed under section 3111(b) or so much of ‘‘(3) to prevent the avoidance of the pur- ‘‘(II) the following table shall be applied in
the tax imposed under section 3221(a) as is poses of the limitations under this section, lieu of the table contained in clause (i):
‘‘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 turn reconciling any advance payment of the ‘‘(A) such taxpayer shall be treated as an
36B(c)(1) of the Internal Revenue Code of 1986 credit under this section, the Secretary shall applicable taxpayer, and
is amended by adding at the end the fol- treat subparagraph (A) as not applying.’’. ‘‘(B) there shall not be taken into account
lowing new subparagraph: (b) EFFECTIVE DATE.—The amendment any household income of the taxpayer in ex-
‘‘(E) TEMPORARY RULE FOR 2021 AND 2022.— made by this section shall apply to taxable cess of 133 percent of the poverty line for a
In the case of a taxable year beginning in years beginning after December 31, 2019. family of the size involved.
2021 or 2022, subparagraph (A) shall be ap- SEC. 9663. APPLICATION OF PREMIUM TAX CRED- ‘‘(2) UNEMPLOYMENT COMPENSATION.—For
plied without regard to ‘but does not exceed IT IN CASE OF INDIVIDUALS RECEIV- purposes of this subsection, the term ‘unem-
400 percent’.’’. ING UNEMPLOYMENT COMPENSA- ployment compensation’ has the meaning
(c) EFFECTIVE DATE.—The amendments TION DURING 2021. given such term in section 85(b).
made by this section shall apply to taxable (a) IN GENERAL.—Section 36B of the Inter- ‘‘(3) EVIDENCE OF UNEMPLOYMENT COM-
years beginning after December 31, 2020. nal Revenue Code of 1986 is amended by re- PENSATION.—For purposes of this subsection,
SEC. 9662. TEMPORARY MODIFICATION OF LIMI- designating subsection (g) as subsection (h) a taxpayer shall not be treated as having re-
TATIONS ON RECONCILIATION OF
and by inserting after subsection (f) the fol- ceived (or been approved to receive) unem-
TAX CREDITS FOR COVERAGE
UNDER A QUALIFIED HEALTH PLAN lowing new subsection: ployment compensation for any week unless
‘‘(g) SPECIAL RULE FOR INDIVIDUALS WHO such taxpayer provides self-attestation of,
SSpencer on DSK126QN23PROD with SENATE
WITH ADVANCE PAYMENTS OF SUCH
CREDIT. RECEIVE UNEMPLOYMENT COMPENSATION DUR- and such documentation as the Secretary
(a) IN GENERAL.—Section 36B(f)(2)(B) of the ING 2021.— shall prescribe which demonstrates, such re-
Internal Revenue Code of 1986 is amended by ‘‘(1) IN GENERAL.—For purposes of this sec- ceipt or approval.
adding at the end the following new clause: tion, in the case of a taxpayer who has re- ‘‘(4) CLARIFICATION OF RULES REMAINING AP-
‘‘(iii) TEMPORARY MODIFICATION OF LIMITA- ceived, or has been approved to receive, un- PLICABLE.—
TION ON INCREASE.—In the case of any taxable employment compensation for any week be- ‘‘(A) JOINT RETURN REQUIREMENT.—Para-
year beginning in 2020, for any taxpayer who ginning during 2021, for the taxable year in graph (1)(A) shall not affect the application
files for such taxable year an income tax re- which such week begins— of subsection (c)(1)(C).
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00064 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1101
‘‘(B) HOUSEHOLD INCOME AND party settlement organization shall not be formed for either such organization or for
AFFORDABILLITY.—Paragraph (1)(B) shall not required to report any information under such private education lender.’’.
apply to any determination of household in- subsection (a) with respect to third party (b) EFFECTIVE DATE.—The amendment
come for purposes of paragraph (2)(C)(i)(II) or network transactions of any participating made by this section shall apply to dis-
(4)(C)(ii) of subsection (c)’’. payee if the amount which would otherwise charges of loans after December 31, 2020.
(b) EFFECTIVE DATE.—The amendments be reported under subsection (a)(2) with re- Subtitle H—Pensions
made by this section shall apply to taxable spect to such transactions does not exceed SEC. 9701. TEMPORARY DELAY OF DESIGNATION
years beginning after December 31, 2020. $600.’’. OF MULTIEMPLOYER PLANS AS IN
PART 8—MISCELLANEOUS PROVISIONS (b) CLARIFICATION THAT REPORTING IS NOT ENDANGERED, CRITICAL, OR CRIT-
REQUIRED ON TRANSACTIONS WHICH ARE NOT ICAL AND DECLINING STATUS.
SEC. 9671. REPEAL OF ELECTION TO ALLOCATE (a) IN GENERAL.—Notwithstanding the ac-
INTEREST, ETC. ON WORLDWIDE FOR GOODS OR SERVICES.—Section 6050W(c)(3)
BASIS. of such Code is amended by inserting ‘‘de- tuarial certification under section 305(b)(3)
scribed in subsection (d)(3)(A)(iii)’’ after of the Employee Retirement Income Secu-
(a) IN GENERAL.—Section 864 of the Inter-
‘‘any transaction’’. rity Act of 1974 and section 432(b)(3) of the
nal Revenue Code of 1986 is amended by Internal Revenue Code of 1986, if a plan spon-
striking subsection (f). (c) EFFECTIVE DATE.—
sor of a multiemployer plan elects the appli-
(b) EFFECTIVE DATE.—The amendment (1) IN GENERAL.—The amendment made by
cation of this section, then, for purposes of
made by this section shall apply to taxable subsection (a) shall apply to returns for cal-
section 305 of such Act and section 432 of
years beginning after December 31, 2020. endar years beginning after December 31,
such Code—
SEC. 9672. TAX TREATMENT OF TARGETED EIDL 2021.
(1) the status of the plan for its first plan
ADVANCES. (2) CLARIFICATION.—The amendment made
year beginning during the period beginning
For purposes of the Internal Revenue Code by subsection (b) shall apply to transactions
on March 1, 2020, and ending on February 28,
of 1986— after the date of the enactment of this Act. 2021, or the next succeeding plan year (as
(1) amounts received from the Adminis- SEC. 9675. MODIFICATION OF TREATMENT OF designated by the plan sponsor in such elec-
trator of the Small Business Administration STUDENT LOAN FORGIVENESS.
tion), shall be the same as the status of such
in the form of a targeted EIDL advance (a) IN GENERAL.—Section 108(f) of the In- plan under such sections for the plan year
under section 331 of the Economic Aid to ternal Revenue Code of 1986 is amended by preceding such designated plan year, and
Hard-Hit Small Businesses, Nonprofits, and striking paragraph (5) and inserting the fol- (2) in the case of a plan which was in en-
Venues Act (title III of division N of Public lowing: dangered or critical status for the plan year
Law 116–260) shall not be included in the ‘‘(5) SPECIAL RULE FOR DISCHARGES IN 2021 preceding the designated plan year described
gross income of the person that receives such THROUGH 2025.—Gross income does not include in paragraph (1), the plan shall not be re-
amounts, any amount which (but for this subsection) quired to update its plan or schedules under
(2) no deduction shall be denied, no tax at- would be includible in gross income by rea- section 305(c)(6) of such Act and section
tribute shall be reduced, and no basis in- son of the discharge (in whole or in part) 432(c)(6) of such Code, or section 305(e)(3)(B)
crease shall be denied, by reason of the ex- after December 31, 2020, and before January of such Act and section 432(e)(3)(B) of such
clusion from gross income provided by para- 1, 2026, of— Code, whichever is applicable, until the plan
graph (1), and ‘‘(A) any loan provided expressly for post- year following the designated plan year de-
(3) in the case of a partnership or S cor- secondary educational expenses, regardless scribed in paragraph (1).
poration that receives such amounts— of whether provided through the educational (b) EXCEPTION FOR PLANS BECOMING CRIT-
(A) any amount excluded from income by institution or directly to the borrower, if ICAL DURING ELECTION.—If—
reason of paragraph (1) shall be treated as such loan was made, insured, or guaranteed (1) an election was made under subsection
tax exempt income for purposes of sections by— (a) with respect to a multiemployer plan,
705 and 1366 of the Internal Revenue Code of ‘‘(i) the United States, or an instrumen- and
1986, and tality or agency thereof, (2) such plan has, without regard to such
(B) the Secretary of the Treasury (or the ‘‘(ii) a State, territory, or possession of the election, been certified by the plan actuary
Secretary’s delegate) shall prescribe rules United States, or the District of Columbia, under section 305(b)(3) of the Employee Re-
for determining a partner’s distributive or any political subdivision thereof, or tirement Income Security Act of 1974 and
share of any amount described in subpara- ‘‘(iii) an eligible educational institution section 432(b)(3) of the Internal Revenue
graph (A) for purposes of section 705 of the (as defined in section 25A), Code of 1986 to be in critical status for the
Internal Revenue Code of 1986. ‘‘(B) any private education loan (as defined designated plan year described in subsection
SEC. 9673. TAX TREATMENT OF RESTAURANT RE- in section 140(a)(7) of the Truth in Lending (a)(1), then such plan shall be treated as a
VITALIZATION GRANTS. Act), plan in critical status for such plan year for
For purposes of the Internal Revenue Code ‘‘(C) any loan made by any educational or- purposes of applying section 4971(g)(1)(A) of
of 1986— ganization described in section such Code, section 302(b)(3) of such Act
(1) amounts received from the Adminis- 170(b)(1)(A)(ii) if such loan is made— (without regard to the second sentence
trator of the Small Business Administration ‘‘(i) pursuant to an agreement with any en- thereof), and section 412(b)(3) of such Code
in the form of a restaurant revitalization tity described in subparagraph (A) or any (without regard to the second sentence
grant under section 5003 shall not be in- private education lender (as defined in sec- thereof).
cluded in the gross income of the person that tion 140(a) of the Truth in Lending Act) (c) ELECTION AND NOTICE.—
receives such amounts, under which the funds from which the loan (1) ELECTION.—An election under sub-
(2) no deduction shall be denied, no tax at- was made were provided to such educational section (a)—
tribute shall be reduced, and no basis in- organization, or (A) shall be made at such time and in such
crease shall be denied, by reason of the ex- ‘‘(ii) pursuant to a program of such edu- manner as the Secretary of the Treasury or
clusion from gross income provided by para- cational organization which is designed to the Secretary’s delegate may prescribe and,
graph (1), and encourage its students to serve in occupa- once made, may be revoked only with the
(3) in the case of a partnership or S cor- tions with unmet needs or in areas with consent of the Secretary, and
poration that receives such amounts— unmet needs and under which the services (B) if made—
(A) except as otherwise provided by the provided by the students (or former stu- (i) before the date the annual certification
Secretary of the Treasury (or the Secretary’s dents) are for or under the direction of a gov- is submitted to the Secretary or the Sec-
delegate), any amount excluded from income ernmental unit or an organization described retary’s delegate under section 305(b)(3) of
by reason of paragraph (1) shall be treated as in section 501(c)(3) and exempt from tax such Act and section 432(b)(3) of such Code,
tax exempt income for purposes of sections under section 501(a), or shall be included with such annual certifi-
705 and 1366 of the Internal Revenue Code of ‘‘(D) any loan made by an educational or- cation, and
1986, and ganization described in section (ii) after such date, shall be submitted to
(B) the Secretary of the Treasury (or the 170(b)(1)(A)(ii) or by an organization exempt the Secretary or the Secretary’s delegate not
Secretary’s delegate) shall prescribe rules from tax under section 501(a) to refinance a later than 30 days after the date of the elec-
for determining a partner’s distributive loan to an individual to assist the individual tion.
share of any amount described in subpara- in attending any such educational organiza- (2) NOTICE TO PARTICIPANTS.—
graph (A) for purposes of section 705 of the tion but only if the refinancing loan is pur- (A) IN GENERAL.—Notwithstanding section
Internal Revenue Code of 1986. suant to a program of the refinancing orga- 305(b)(3)(D) of the Employee Retirement In-
SSpencer on DSK126QN23PROD with SENATE
SEC. 9674. MODIFICATION OF EXCEPTIONS FOR nization which is designed as described in come Security Act of 1974 and section
REPORTING OF THIRD PARTY NET- subparagraph (C)(ii). 432(b)(3)(D) of the Internal Revenue Code of
WORK TRANSACTIONS. The preceding sentence shall not apply to 1986, if, by reason of an election made under
(a) IN GENERAL.—Section 6050W(e) of the the discharge of a loan made by an organiza- subsection (a), the plan is in neither endan-
Internal Revenue Code of 1986 is amended to tion described in subparagraph (C) or made gered nor critical status—
read as follows: by a private education lender (as defined in (i) the plan sponsor of a multiemployer
‘‘(e) DE MINIMIS EXCEPTION FOR THIRD section 140(a)(7) of the Truth in Lending Act) plan shall not be required to provide notice
PARTY SETTLEMENT ORGANIZATIONS.—A third if the discharge is on account of services per- under such sections, and
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00065 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
S1102 CONGRESSIONAL RECORD — SENATE March 4, 2021
(ii) the plan sponsor shall provide to the ‘‘(iii) by substituting ‘this subparagraph or Pension Benefit Guaranty Corporation, de-
participants and beneficiaries, the bar- subparagraph (A)’ for ‘this subparagraph and termines appropriate, from the general fund
gaining parties, the Pension Benefit Guar- subparagraph (A) both’ in subparagraph of the Treasury, but in no case shall such
anty Corporation, and the Secretary of (B)(iii). transfers occur after September 30, 2030.’’.
Labor a notice of the election under sub- The preceding sentence shall not apply to a (b) FINANCIAL ASSISTANCE AUTHORITY.—The
section (a) and such other information as the plan to which special financial assistance is Employee Retirement Income Security Act
Secretary of the Treasury (in consultation granted under section 4262. For purposes of of 1974 is amended by inserting after section
with the Secretary of Labor) may require— the application of this subparagraph, the 4261 of such Act (29 U.S.C. 1431) the following:
(I) if the election is made before the date Secretary of the Treasury shall rely on the ‘‘SEC. 4262. SPECIAL FINANCIAL ASSISTANCE BY
the annual certification is submitted to the plan sponsor’s calculations of plan losses un- THE CORPORATION.
Secretary or the Secretary’s delegate under less such calculations are clearly erro- ‘‘(a) SPECIAL FINANCIAL ASSISTANCE.—
section 305(b)(3) of such Act and section neous.’’. ‘‘(1) IN GENERAL.—The corporation shall
432(b)(3) of such Code, not later than 30 days (2) AMENDMENT TO INTERNAL REVENUE CODE provide special financial assistance to an eli-
after the date of the certification, and OF 1986.—Section 431(b)(8) of the Internal Rev- gible multiemployer plan under this section,
(II) if the election is made after such date, enue Code of 1986 is amended by adding at upon the application of a plan sponsor of
not later than 30 days after the date of the the end the following new subparagraph: such a plan for such assistance.
election. ‘‘(F) RELIEF FOR 2020 AND 2021.—A multiem- ‘‘(2) INAPPLICABILITY OF CERTAIN REPAY-
(B) NOTICE OF ENDANGERED STATUS.—Not- ployer plan with respect to which the sol- MENT OBLIGATION.—A plan receiving special
withstanding section 305(b)(3)(D) of such Act vency test under subparagraph (C) is met as financial assistance pursuant to this section
and section 432(b)(3)(D) of such Code, if the of February 29, 2020, may elect to apply this shall not be subject to repayment obliga-
plan is certified to be in critical status for paragraph (without regard to whether such tions with respect to such special financial
any plan year but is in endangered status by plan previously elected the application of assistance.
reason of an election made under subsection this paragraph)— ‘‘(b) ELIGIBLE MULTIEMPLOYER PLANS.—
(a), the notice provided under such sections ‘‘(i) by substituting ‘February 29, 2020’ for ‘‘(1) IN GENERAL.—For purposes of this sec-
shall be the notice which would have been ‘August 31, 2008’ each place it appears in sub- tion, a multiemployer plan is an eligible
provided if the plan had been certified to be paragraphs (A)(i), (B)(i)(I), and (B)(i)(II), multiemployer plan if—
in endangered status. ‘‘(ii) by inserting ‘and other losses related ‘‘(A) the plan is in critical and declining
SEC. 9702.
TEMPORARY EXTENSION OF THE to the virus SARS–CoV–2 or coronavirus dis-
FUNDING IMPROVEMENT AND REHA- status (within the meaning of section
BILITATION PERIODS FOR MULTIEM-
ease 2019 (COVID–19) (including experience 305(b)(6)) in any plan year beginning in 2020
PLOYER PENSION PLANS IN CRIT- losses related to reductions in contributions, through 2022;
ICAL AND ENDANGERED STATUS reductions in employment, and deviations ‘‘(B) a suspension of benefits has been ap-
FOR 2020 OR 2021. from anticipated retirement rates, as deter- proved with respect to the plan under section
(a) IN GENERAL.—If the plan sponsor of a mined by the plan sponsor)’ after ‘net invest- 305(e)(9) as of the date of the enactment of
multiemployer plan which is in endangered ment losses’ in subparagraph (A)(i), and this section;
or critical status for a plan year beginning in ‘‘(iii) by substituting ‘this subparagraph or ‘‘(C) in any plan year beginning in 2020
2020 or 2021 (determined after application of subparagraph (A)’ for ‘this subparagraph and through 2022, the plan is certified by the plan
section 9701) elects the application of this subparagraph (A) both’ in subparagraph actuary to be in critical status (within the
section, then, for purposes of section 305 of (B)(iii). meaning of section 305(b)(2)), has a modified
the Employee Retirement Income Security The preceding sentence shall not apply to a funded percentage of less than 40 percent,
Act of 1974 and section 432 of the Internal plan to which special financial assistance is and has a ratio of active to inactive partici-
Revenue Code of 1986, the plan’s funding im- granted under section 4262 of the Employee pants which is less than 2 to 3; or
provement period or rehabilitation period, Retirement Income Security Act of 1974. For ‘‘(D) the plan became insolvent for pur-
whichever is applicable, shall be extended by purposes of the application of this subpara- poses of section 418E of the Internal Revenue
5 years. graph, the Secretary shall rely on the plan
(b) DEFINITIONS AND SPECIAL RULES.—For Code of 1986 after December 16, 2014, and has
sponsor’s calculations of plan losses unless remained so insolvent and has not been ter-
purposes of this section— such calculations are clearly erroneous.’’.
(1) ELECTION.—An election under this sec- minated as of the date of enactment of this
(b) EFFECTIVE DATES.— section.
tion shall be made at such time, and in such (1) IN GENERAL.—The amendments made by
manner and form, as (in consultation with ‘‘(2) MODIFIED FUNDED PERCENTAGE.—For
this section shall take effect as of the first purposes of paragraph (1)(C), the term ‘modi-
the Secretary of Labor) the Secretary of the day of the first plan year ending on or after
Treasury or the Secretary’s delegate may fied funded percentage’ means the percent-
February 29, 2020, except that any election a age equal to a fraction the numerator of
prescribe. plan makes pursuant to this section that af-
(2) DEFINITIONS.—Any term which is used which is current value of plan assets (as de-
fects the plan’s funding standard account for fined in section 3(26) of such Act) and the de-
in this section which is also used in section the first plan year beginning after February
305 of the Employee Retirement Income Se- nominator of which is current liabilities (as
29, 2020, shall be disregarded for purposes of defined in section 431(c)(6)(D) of such Code
curity Act of 1974 and section 432 of the In- applying the provisions of section 305 of the
ternal Revenue Code of 1986 shall have the and section 304(c)(6)(D) of such Act).
Employee Retirement Income Security Act ‘‘(c) APPLICATIONS FOR SPECIAL FINANCIAL
same meaning as when used in such sections. of 1974 and section 432 of the Internal Rev-
(c) EFFECTIVE DATE.—This section shall ASSISTANCE.—Within 120 days of the date of
enue Code of 1986 to such plan year. enactment of this section, the corporation
apply to plan years beginning after Decem-
ber 31, 2019. (2) RESTRICTIONS ON BENEFIT INCREASES.— shall issue regulations or guidance setting
Notwithstanding paragraph (1), the restric- forth requirements for special financial as-
SEC. 9703. ADJUSTMENTS TO FUNDING STAND-
ARD ACCOUNT RULES. tions on plan amendments increasing bene- sistance applications under this section. In
(a) ADJUSTMENTS.— fits in sections 304(b)(8)(D) of such Act and such regulations or guidance, the corpora-
(1) AMENDMENT TO EMPLOYEE RETIREMENT 431(b)(8)(D) of such Code, as applied by the tion shall—
INCOME SECURITY ACT OF 1974.—Section amendments made by this section, shall take ‘‘(1) limit the materials required for a spe-
304(b)(8) of the Employee Retirement Income effect on the date of enactment of this Act. cial financial assistance application to the
Security Act of 1974 (29 U.S.C. 1084(b)) is SEC. 9704. SPECIAL FINANCIAL ASSISTANCE PRO- minimum necessary to make a determina-
GRAM FOR FINANCIALLY TROUBLED
amended by adding at the end the following MULTIEMPLOYER PLANS.
tion on the application;
new subparagraph: ‘‘(2) specify effective dates for transfers of
(a) APPROPRIATION.—Section 4005 of the
‘‘(F) RELIEF FOR 2020 AND 2021.—A multiem- Employee Retirement Income Security Act special financial assistance following ap-
ployer plan with respect to which the sol- of 1974 (29 U.S.C. 1305) is amended by adding proval of an application, based on the effec-
vency test under subparagraph (C) is met as at the end the following: tive date of the supporting actuarial analysis
of February 29, 2020, may elect to apply this ‘‘(i)(1) An eighth fund shall be established and the date on which the application is sub-
paragraph (without regard to whether such for special financial assistance to multiem- mitted; and
plan previously elected the application of ployer pension plans, as provided under sec- ‘‘(3) provide for an alternate application
this paragraph)— tion 4262, and to pay for necessary adminis- for special financial assistance under this
‘‘(i) by substituting ‘February 29, 2020’ for trative and operating expenses of the cor- section, which may be used by a plan that
‘August 31, 2008’ each place it appears in sub- poration relating to such assistance. has been approved for a partition under sec-
paragraphs (A)(i), (B)(i)(I), and (B)(i)(II), ‘‘(2) There is appropriated from the general tion 4233 before the date of enactment of this
SSpencer on DSK126QN23PROD with SENATE
‘‘(ii) by inserting ‘and other losses related fund such amounts as are necessary for the section.
to the virus SARS–CoV–2 or coronavirus dis- costs of providing financial assistance under ‘‘(d) TEMPORARY PRIORITY CONSIDERATION
ease 2019 (COVID–19) (including experience section 4262 and necessary administrative OF APPLICATIONS.—
losses related to reductions in contributions, and operating expenses of the corporation. ‘‘(1) IN GENERAL.—The corporation may
reductions in employment, and deviations The eighth fund established under this sub- specify in regulations or guidance under sub-
from anticipated retirement rates, as deter- section shall be credited with amounts from section (c) that, during a period no longer
mined by the plan sponsor)’ after ‘net invest- time to time as the Secretary of the Treas- than the first 2 years following the date of
ment losses’ in subparagraph (A)(i), and ury, in conjunction with the Director of the enactment of this section, applications may
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00066 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1103
not be filed by an eligible multiemployer filed in accordance with the regulations or ‘‘(2) provides payments equal to the
plan unless— guidance issued under subsection (c) shall be amount of benefits previously suspended
‘‘(A) the eligible multiemployer plan is in- deemed approved unless the corporation no- under section 305(e)(9) or 4245(a) to any par-
solvent or is likely to become insolvent tifies the plan within 120 days of the filing of ticipants or beneficiaries in pay status as of
within 5 years of the date of enactment of the application that the application is in- the effective date of the special financial as-
this section; complete, any proposed change or assump- sistance, payable, as determined by the eligi-
‘‘(B) the corporation projects the eligible tion is unreasonable, or the plan is not eligi- ble multiemployer plan—
multiemployer plan to have a present value ble under this section. Such notice shall ‘‘(A) as a lump sum within 3 months of
of financial assistance payments under sec- specify the reasons the plan is ineligible for such effective date; or
tion 4261 that exceeds $1,000,000,000 if the spe- special financial assistance, any proposed ‘‘(B) in equal monthly installments over a
cial financial assistance is not ordered; change or assumption is unreasonable, or in- period of 5 years, commencing within 3
‘‘(C) the eligible multiemployer plan has formation is needed to complete the applica- months of such effective date, with no ad-
implemented benefit suspensions under sec- tion. If a plan is denied assistance under this justment for interest.
tion 305(e)(9) as of the date of the enactment subsection, the plan may submit a revised ‘‘(l) RESTRICTIONS ON THE USE OF SPECIAL
of this section; or application under this section. Any revised FINANCIAL ASSISTANCE.—Special financial as-
‘‘(D) the corporation determines it appro- application for special financial assistance sistance received under this section and any
priate based on other similar circumstances. submitted by a plan shall be deemed ap- earnings thereon may be used by an eligible
‘‘(e) ACTUARIAL ASSUMPTIONS.— proved unless the corporation notifies the multiemployer plan to make benefit pay-
‘‘(1) ELIGIBILITY.—For purposes of deter- plan within 120 days of the filing of the re- ments and pay plan expenses. Special finan-
mining eligibility for special financial assist- vised application that the application is in- cial assistance and any earnings on such as-
ance, the corporation shall accept assump- complete, any proposed change or assump- sistance shall be segregated from other plan
tions incorporated in a multiemployer plan’s tion is unreasonable, or the plan is not eligi- assets. Special financial assistance shall be
determination that it is in critical status or ble under this section. Special financial as- invested by plans in investment-grade bonds
critical and declining status (within the sistance issued by the corporation shall be or other investments as permitted by the
meaning of section 305(b)) for certifications effective on a date determined by the cor- corporation.
of plan status completed before January 1, poration, but no later than 1 year after a
‘‘(m) CONDITIONS ON PLANS RECEIVING SPE-
2021, unless such assumptions are clearly er- plan’s special financial assistance applica-
CIAL FINANCIAL ASSISTANCE.—
roneous. For certifications of plan status tion is approved by the corporation or
‘‘(1) IN GENERAL.—The corporation, in con-
completed after December 31, 2020, a plan deemed approved. The corporation shall not
sultation with the Secretary of the Treas-
shall determine whether it is in critical or pay any special financial assistance after
ury, may impose, by regulation or other
critical and declining status for purposes of September 30, 2030.
‘‘(h) MANNER OF PAYMENT.—The payment guidance, reasonable conditions on an eligi-
eligibility for special financial assistance by
made by the corporation to an eligible mul- ble multiemployer plan that receives special
using the assumptions that the plan used in
tiemployer plan under this section shall be financial assistance relating to increases in
its most recently completed certification of
made as a single, lump sum payment. future accrual rates and any retroactive ben-
plan status before January 1, 2021, unless
‘‘(i) AMOUNT AND MANNER OF SPECIAL FI- efit improvements, allocation of plan assets,
such assumptions (excluding the plan’s inter-
NANCIAL ASSISTANCE.— reductions in employer contribution rates,
est rate) are unreasonable.
‘‘(1) IN GENERAL.—Special financial assist- diversion of contributions to, and allocation
‘‘(2) AMOUNT OF FINANCIAL ASSISTANCE.—In
ance under this section shall be a transfer of of expenses to, other benefit plans, and with-
determining the amount of special financial
funds in the amount necessary as dem- drawal liability.
assistance in its application, an eligible mul-
onstrated by the plan sponsor on the applica- ‘‘(2) LIMITATION.—The corporation shall
tiemployer plan shall—
tion for such special financial assistance, in not impose conditions on an eligible multi-
‘‘(A) use the interest rate used by the plan
accordance with the requirements described employer plan as a condition of, or following
in its most recently completed certification
in subsection (j). Special financial assistance receipt of, special financial assistance under
of plan status before January 1, 2021, pro-
shall be paid to such plan as soon as prac- this section relating to—
vided that such interest rate may not exceed
ticable upon approval of the application by ‘‘(A) any prospective reduction in plan ben-
the interest rate limit; and
the corporation. efits (including benefits that may be ad-
‘‘(B) for other assumptions, use the as-
‘‘(2) NO CAP.—Special financial assistance justed pursuant to section 305(e)(8));
sumptions that the plan used in its most re-
granted by the corporation under this sec- ‘‘(B) plan governance, including selection
cently completed certification of plan status
tion shall not be capped by the guarantee of, removal of, and terms of contracts with,
before January 1, 2021, unless such assump-
under 4022A. trustees, actuaries, investment managers,
tions are unreasonable.
‘‘(j) DETERMINATION OF AMOUNT OF SPECIAL and other service providers; or
‘‘(3) INTEREST RATE LIMIT.—The interest
FINANCIAL ASSISTANCE.— ‘‘(C) any funding rules relating to the plan
rate limit for purposes of this subsection is
‘‘(1) IN GENERAL.—The amount of financial receiving special financial assistance under
the rate specified in section 303(h)(2)(C)(iii)
assistance provided to a multiemployer plan this section.
(disregarding modifications made under
eligible for financial assistance under this ‘‘(3) PAYMENT OF PREMIUMS.—An eligible
clause (iv) of such section) for the month in
section shall be such amount required for the multiemployer plan receiving special finan-
which the application for special financial
plan to pay all benefits due during the period cial assistance under this section shall con-
assistance is filed by the eligible multiem-
beginning on the date of payment of the spe- tinue to pay all premiums due under section
ployer plan or the 3 preceding months, with
cial financial assistance payment under this 4007 for participants and beneficiaries in the
such specified rate increased by 200 basis
section and ending on the last day of the plan.
points.
plan year ending in 2051, with no reduction ‘‘(4) ASSISTANCE NOT CONSIDERED FOR CER-
‘‘(4) CHANGES IN ASSUMPTIONS.—If a plan de-
in a participant’s or beneficiary’s accrued TAIN PURPOSES.—An eligible multiemployer
termines that use of one or more prior as-
benefit as of the date of enactment of this plan that receives special financial assist-
sumptions is unreasonable, the plan may
section, except to the extent of a reduction ance shall be deemed to be in critical status
propose in its application to change such as-
in accordance with section 305(e)(8) adopted within the meaning of section 305(b)(2) until
sumptions, provided that the plan discloses
prior to the plan’s application for special fi- the last plan year ending in 2051.
such changes in its application and describes
nancial assistance under this section, and ‘‘(5) INSOLVENT PLANS.—An eligible multi-
why such assumptions are no longer reason-
taking into account the reinstatement of employer plan receiving special financial as-
able. The corporation shall accept such
benefits required under subsection (k). sistance under this section that subse-
changed assumptions unless it determines
‘‘(2) PROJECTIONS.—The funding projections quently becomes insolvent will be subject to
the changes are unreasonable, individually
for purposes of this section shall be per- the current rules and guarantee for insolvent
or in the aggregate. The plan may not pro-
formed on a deterministic basis. plans.
pose a change to the interest rate otherwise
‘‘(k) REINSTATEMENT OF SUSPENDED BENE- ‘‘(6) INELIGIBILITY FOR OTHER ASSISTANCE.—
required under this subsection for eligibility
FITS.—The Secretary, in coordination with An eligible multiemployer plan that receives
or financial assistance amount.
the Secretary of the Treasury, shall ensure special financial assistance under this sec-
‘‘(f) APPLICATION DEADLINE.—Any applica-
tion by a plan for special financial assistance that an eligible multiemployer plan that re- tion is not eligible to apply for a new suspen-
under this section shall be submitted to the ceives special financial assistance under this sion of benefits under section 305(e)(9)(G).
corporation (and, in the case of a plan to section— ‘‘(n) COORDINATION WITH SECRETARY OF THE
‘‘(1) reinstates any benefits that were sus- TREASURY.—In prescribing the application
SSpencer on DSK126QN23PROD with SENATE
which section 432(k)(1)(D) of the Internal
Revenue Code of 1986 applies, to the Sec- pended under section 305(e)(9) or section process for eligible multiemployer plans to
retary of the Treasury) no later than Decem- 4245(a) in accordance with guidance issued by receive special financial assistance under
ber 31, 2025, and any revised application for the Secretary of the Treasury pursuant to this section and reviewing applications of
special financial assistance shall be sub- section 432(k)(1)(B) of the Internal Revenue such plans, the corporation shall coordinate
mitted no later than December 31, 2026. Code of 1986, effective as of the first month with the Secretary of the Treasury in the
‘‘(g) DETERMINATIONS ON APPLICATIONS.—A in which the effective date for the special fi- following manner:
plan’s application for special financial as- nancial assistance occurs, for participants ‘‘(1) In the case of a plan which has sus-
sistance under this section that is timely and beneficiaries as of such month; and pended benefits under section 305(e)(9)—
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00067 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
S1104 CONGRESSIONAL RECORD — SENATE March 4, 2021
‘‘(A) in determining whether to approve (B) by striking the period at the end of ‘‘(D) PLANS APPLYING FOR PRIORITY CONSID-
the application, the corporation shall con- paragraph (3)(B) and inserting ‘‘, and’’, and ERATION.—In the case of a plan applying for
sult with the Secretary of the Treasury re- (C) by adding at the end the following new special financial assistance under rules pro-
garding the plan’s proposed method of rein- paragraph: viding for temporary priority consideration,
stating benefits, as described in the plan’s ‘‘(4) if the plan is an eligible multiem- as provided in paragraph (4)(C), such plan’s
application and in accordance with guidance ployer plan which is applying for or receiv- application shall be submitted to the Sec-
issued by the Secretary of the Treasury, and ing special financial assistance under section retary in addition to the Pension Benefit
‘‘(B) the corporation shall consult with the 4262 of the Employee Retirement Income Se- Guaranty Corporation.
Secretary of the Treasury regarding the curity Act of 1974, the requirements of sub- ‘‘(2) PLANS RECEIVING SPECIAL FINANCIAL
amount of special financial assistance need- section (k) shall apply to the plan.’’. ASSISTANCE.—In the case of an eligible multi-
ed based on the projected funded status of (2) PLANS RECEIVING SPECIAL FINANCIAL AS- employer plan receiving special financial as-
the plan as of the last day of the plan year SISTANCE TO BE IN CRITICAL STATUS.—Section sistance under section 4262 of the Employee
ending in 2051, whether the plan proposes to 432(b) of the Internal Revenue Code of 1986 is Retirement Income Security Act of 1974—
repay benefits over 5 years or as a lump sum, amended by adding at the end the following ‘‘(A) REINSTATEMENT OF SUSPENDED BENE-
as required by subsection (k)(2), and any new paragraph: FITS.—The plan shall—
other relevant factors, as determined by the ‘‘(7) PLANS RECEIVING SPECIAL FINANCIAL ‘‘(i) reinstate any benefits that were sus-
corporation in consultation with the Sec- ASSISTANCE.—If an eligible multiemployer pended under subsection (e)(9) or section
retary of the Treasury, to ensure the amount plan receiving special financial assistance 4245(a) of the Employee Retirement Income
of assistance is sufficient to meet such re- under section 4262 of the Employee Retire- Security Act of 1974, effective as of the first
quirement and is sufficient to pay benefits as ment Income Security Act of 1974 meets the month in which the effective date for the
required in subsection (j)(1). requirements of subsection (k)(2), notwith- special financial assistance occurs, for par-
‘‘(2) In the case of any plan which proposes standing the preceding paragraphs of this ticipants and beneficiaries as of such month,
in its application to change the assumptions subsection, the plan shall be deemed to be in and
used, as provided in subsection (e)(4), the critical status for plan years beginning with ‘‘(ii) provide payments equal to the
corporation shall consult with the Secretary the plan year in which the effective date for amount of benefits previously suspended to
of the Treasury regarding such proposed such assistance occurs and ending with the any participants or beneficiaries in pay sta-
change in assumptions. last plan year ending in 2051.’’. tus as of the effective date of the special fi-
‘‘(3) If the corporation specifies in regula- (3) RULES RELATING TO ELIGIBLE MULTIEM- nancial assistance, payable, as determined
tions or guidance that temporary priority PLOYER PLANS.—Section 432 of the Internal by the plan—
consideration is available for plans which Revenue Code of 1986 is amended by adding ‘‘(I) as a lump sum within 3 months of such
are insolvent within the meaning of section at the end the following new subsection: effective date; or
418E of the Internal Revenue Code of 1986 or ‘‘(II) in equal monthly installments over a
‘‘(k) RULES RELATING TO ELIGIBLE MULTI- period of 5 years, commencing within 3
likely to become so insolvent or for plans EMPLOYER PLANS.—
which have suspended benefits under section months of such effective date, with no ad-
‘‘(1) PLANS APPLYING FOR SPECIAL FINAN- justment for interest.
305(e)(9), or that availability is otherwise CIAL ASSISTANCE.—In the case of an eligible ‘‘(B) RESTRICTIONS ON THE USE OF SPECIAL
based on the funded status of the plan under multiemployer plan which applies for special FINANCIAL ASSISTANCE.—Special financial as-
section 305, as permitted by subsection (d), financial assistance under section 4262 of sistance received by the plan may be used to
the corporation shall consult with the Sec- such Act— make benefit payments and pay plan ex-
retary of the Treasury regarding any grant- ‘‘(A) IN GENERAL.—Such application shall penses. Such assistance shall be segregated
ing of priority consideration to such plans.’’. be submitted in accordance with the require- from other plan assets, and shall be invested
(c) PREMIUM RATE INCREASE.—Section ments of such section, including any guid- by the plan in investment-grade bonds or
4006(a)(3) of the Employee Retirement In- ance issued thereunder by the Pension Ben- other investments as permitted by regula-
come Security Act of 1974 (29 U.S.C. efit Guaranty Corporation. tions or other guidance issued by the Pen-
1306(a)(3)) is amended— ‘‘(B) REINSTATEMENT OF SUSPENDED BENE- sion Benefit Guaranty Corporation.
(1) in subparagraph (A)— FITS.—In the case of a plan for which a sus- ‘‘(C) CONDITIONS ON PLANS RECEIVING SPE-
(A) in clause (vi)— pension of benefits has been approved under CIAL FINANCIAL ASSISTANCE.—
(i) by inserting ‘‘, and before January 1, subsection (e)(9), the application shall de- ‘‘(i) IN GENERAL.—The Pension Benefit
2031’’ after ‘‘December 31, 2014,’’; and scribe the manner in which suspended bene- Guaranty Corporation, in consultation with
(ii) by striking ‘‘or’’ at the end; fits will be reinstated in accordance with the Secretary, may impose, by regulation or
(B) in clause (vii)— paragraph (2)(A) and guidance issued by the other guidance, reasonable conditions on an
(i) by moving the margin 2 ems to the left; Secretary if the plan receives special finan- eligible multiemployer plan receiving special
and cial assistance. financial assistance relating to increases in
(ii) in subclause (II), by striking the period ‘‘(C) AMOUNT OF FINANCIAL ASSISTANCE.— future accrual rates and any retroactive ben-
and inserting ‘‘, or’’; and ‘‘(i) IN GENERAL.—In determining the efit improvements, allocation of plan assets,
(C) by adding at the end the following: amount of special financial assistance to be reductions in employer contribution rates,
‘‘(viii) in the case of a multiemployer plan, specified in its application, an eligible multi- diversion of contributions and allocation of
for plan years beginning after December 31, employer plan shall— expenses to other benefit plans, and with-
2030, $52 for each individual who is a partici- ‘‘(I) use the interest rate used by the plan drawal liability.
pant in such plan during the applicable plan in its most recently completed certification ‘‘(ii) LIMITATION.—The Pension Benefit
year.’’; and of plan status before January 1, 2021, pro- Guaranty Corporation shall not impose con-
(2) by adding at the end the following: vided that such interest rate does not exceed ditions on an eligible multiemployer plan as
‘‘(N) For each plan year beginning in a cal- the interest rate limit, and a condition of, or following receipt of, spe-
endar year after 2031, there shall be sub- ‘‘(II) for other assumptions, use the as- cial financial assistance relating to—
stituted for the dollar amount specified in sumptions that the plan used in its most re- ‘‘(I) any prospective reduction in plan ben-
clause (viii) of subparagraph (A) an amount cently completed certification of plan status efits (including benefits that may be ad-
equal to the greater of— before January 1, 2021, unless such assump- justed pursuant to subsection (e)(8)),
‘‘(i) the product derived by multiplying tions are unreasonable. ‘‘(II) plan governance, including selection
such dollar amount by the ratio of— ‘‘(ii) INTEREST RATE LIMIT.—For purposes of of, removal of, and terms of contracts with,
‘‘(I) the national average wage index (as clause (i), the interest rate limit is the rate trustees, actuaries, investment managers,
defined in section 209(k)(1) of the Social Se- specified in section 430(h)(2)(C)(iii) (dis- and other service providers, or
curity Act) for the first of the 2 calendar regarding modifications made under clause ‘‘(III) any funding rules relating to the
years preceding the calendar year in which (iv) of such section) for the month in which plan.
such plan year begins, to the application for special financial assist- ‘‘(D) ASSISTANCE DISREGARDED FOR CERTAIN
‘‘(II) the national average wage index (as ance is filed by the eligible multiemployer PURPOSES.—
so defined) for 2029; and plan or the 3 preceding months, with such ‘‘(i) FUNDING STANDARDS.—Special finan-
‘‘(ii) such dollar amount for plan years be- specified rate increased by 200 basis points. cial assistance received by the plan shall not
ginning in the preceding calendar year. ‘‘(iii) CHANGES IN ASSUMPTIONS.—If a plan be taken into account for determining con-
If the amount determined under this sub- determines that use of one or more prior as- tributions required under section 431.
paragraph is not a multiple of $1, such prod- sumptions is unreasonable, the plan may ‘‘(ii) INSOLVENT PLANS.—If the plan be-
SSpencer on DSK126QN23PROD with SENATE
uct shall be rounded to the nearest multiple propose in its application to change such as- comes insolvent within the meaning of sec-
of $1.’’. sumptions, provided that the plan discloses tion 418E after receiving special financial as-
(d) AMENDMENTS TO INTERNAL REVENUE such changes in its application and describes sistance, the plan shall be subject to all rules
CODE OF 1986.— why such assumptions are no longer reason- applicable to insolvent plans.
(1) IN GENERAL.—Section 432(a) of the Inter- able. The plan may not propose a change to ‘‘(E) INELIGIBILITY FOR SUSPENSION OF BENE-
nal Revenue Code of 1986 is amended— the interest rate otherwise required under FITS.—The plan shall not be eligible to apply
(A) by striking ‘‘and’’ at the end of para- this subsection for eligibility or financial as- for a new suspension of benefits under sub-
graph (2)(B), sistance amount. section (e)(9)(G).
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00068 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1105
‘‘(3) ELIGIBLE MULTIEMPLOYER PLAN.— scribed in the plan’s application and in ac- plan years beginning after December 31, 2018,
‘‘(A) IN GENERAL.—For purposes of this sec- cordance with guidance issued by the Sec- December 31, 2019, or December 31, 2020)—
tion, a multiemployer plan is an eligible retary, and ‘‘(A) the shortfall amortization bases for
multiemployer plan if— ‘‘(ii) such corporation shall consult with all plan years preceding the first plan year
‘‘(i) the plan is in critical and declining the Secretary regarding the amount of spe- beginning after December 31, 2021 (or after
status in any plan year beginning in 2020 cial financial assistance needed based on the whichever earlier date is elected pursuant to
through 2022, projected funded status of the plan as of the this paragraph), and all shortfall amortiza-
‘‘(ii) a suspension of benefits has been ap- last day of the plan year ending in 2051, tion installments determined with respect to
proved with respect to the plan under sub- whether the plan proposes to repay benefits such bases, shall be reduced to zero, and
section (e)(9) as of the date of the enactment over 5 years or as a lump sum, as required by ‘‘(B) subparagraphs (A) and (B) of para-
of this subsection; paragraph (2)(A)(ii), and any other relevant graph (2) shall each be applied by sub-
‘‘(iii) in any plan year beginning in 2020 factors, as determined by such corporation stituting ‘15-plan-year period’ for ‘7-plan-
through 2022, the plan is certified by the plan in consultation with the Secretary, to ensure year period’.’’.
actuary to be in critical status, has a modi- the amount of assistance is sufficient to (b) 15-YEAR AMORTIZATION UNDER THE EM-
fied funded percentage of less than 40 per- meet such requirement and is sufficient to PLOYEE RETIREMENT INCOME SECURITY ACT OF
cent, and has a ratio of active to inactive pay benefits as required in section 4262(j)(1) 1974.—Section 303(c) of the Employee Retire-
participants which is less than 2 to 3, or of such Act. ment Income Security Act of 1974 (29 U.S.C.
‘‘(iv) the plan became insolvent within the ‘‘(B) In the case of any plan which proposes 1083(c)) is amended by adding at the end the
meaning of section 418E after December 16, in its application to change the assumptions following new paragraph:
2014, and has remained so insolvent and has used, as provided in paragraph (1)(C)(iii), ‘‘(8) 15-YEAR AMORTIZATION.—With respect
not been terminated as of the date of enact- such corporation shall consult with the Sec- to plan years beginning after December 31,
ment of this subsection. retary regarding such proposed change in as- 2021 (or, at the election of the plan sponsor,
‘‘(B) MODIFIED FUNDED PERCENTAGE.—For sumptions. plan years beginning after December 31, 2018,
purposes of subparagraph (A)(iii), the term ‘‘(C) If such corporation specifies in regula- December 31, 2019, or December 31, 2020)—
‘modified funded percentage’ means the per- tions or guidance that temporary priority ‘‘(A) the shortfall amortization bases for
centage equal to a fraction the numerator of consideration is available for plans which all plan years preceding the first plan year
which is current value of plan assets (as de- are insolvent within the meaning of section beginning after December 31, 2021 (or after
fined in section 3(26) of the Employee Retire- 418E or likely to become so insolvent or for whichever earlier date is elected pursuant to
ment Income Security Act of 1974) and the plans which have suspended benefits under this paragraph), and all shortfall amortiza-
denominator of which is current liabilities subsection (e)(9), or that availability is oth- tion installments determined with respect to
(as defined in section 431(c)(6)(D)). erwise based on the funded status of the plan such bases, shall be reduced to zero, and
‘‘(4) COORDINATION WITH PENSION BENEFIT under this section, as permitted by section ‘‘(B) subparagraphs (A) and (B) of para-
GUARANTY CORPORATION.—In prescribing the 4262(d) of such Act, such corporation shall graph (2) shall each be applied by sub-
application process for eligible multiem- consult with the Secretary regarding any stituting ‘15-plan-year period’ for ‘7-plan-
ployer plans to receive special financial as- granting of priority consideration to such year period’.’’.
sistance under section 4262 of the Employee plans.’’. (c) EFFECTIVE DATE.—The amendments
Retirement Income Security Act of 1974 and made by this section shall apply to plan
SEC. 9705. EXTENDED AMORTIZATION FOR SIN-
reviewing applications of such plans, the GLE EMPLOYER PLANS.
years beginning after December 31, 2018.
Pension Benefit Guaranty Corporation shall SEC. 9706. EXTENSION OF PENSION FUNDING
coordinate with the Secretary in the fol- (a) 15-YEAR AMORTIZATION UNDER THE IN- STABILIZATION PERCENTAGES FOR
lowing manner: TERNAL REVENUE CODE OF 1986.—Section SINGLE EMPLOYER PLANS.
‘‘(A) In the case of a plan which has sus- 430(c) of the Internal Revenue Code of 1986 is (a) AMENDMENT TO INTERNAL REVENUE CODE
pended benefits under subsection (e)(9)— amended by adding at the end the following OF 1986.—
‘‘(i) in determining whether to approve the new paragraph: (1) IN GENERAL.—The table contained in
application, such corporation shall consult ‘‘(8) 15-YEAR AMORTIZATION.—With respect subclause (II) of section 430(h)(2)(C)(iv) of the
with the Secretary regarding the plan’s pro- to plan years beginning after December 31, Internal Revenue Code of 1986 is amended to
posed method of reinstating benefits, as de- 2021 (or, at the election of the plan sponsor, read as follows:
The ap- The ap-
plicable plicable
min- max-
‘‘If the calendar year is: imum imum
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 third segment rate for any 25-year period is (1) IN GENERAL.—The table contained in
(I) of section 430(h)(2)(C)(iv) of such Code is less than 5 percent, such average shall be subclause (II) of section 303(h)(2)(C)(iv) of the
amended by adding at the end the following: deemed to be 5 percent.’’. Employee Retirement Income Security Act
‘‘Notwithstanding anything in this sub- (b) AMENDMENTS TO EMPLOYEE RETIREMENT of 1974 (29 U.S.C. 1083(h)(2)(C)(iv)(II)) is
clause, if the average of the first, second, or INCOME SECURITY ACT OF 1974.— amended to read as follows:
The ap- The ap-
plicable plicable
min- max-
‘‘If the calendar year is:
SSpencer on DSK126QN23PROD with SENATE
imum imum
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%
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00069 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
S1106 CONGRESSIONAL RECORD — SENATE March 4, 2021
The ap- The ap-
plicable plicable
min- max-
‘‘If the calendar year is: imum imum
percent- percent-
age is: age is:
2028 ........................................................................................................................................................ 80% 120%
2029 ........................................................................................................................................................ 75% 125%
After 2029 ............................................................................................................................................... 70% 130%.’’.
(2) FLOOR ON 25-YEAR AVERAGES.—Subclause ‘‘(3) ELECTION.—An election under para- employment in the trade or business of pub-
(I) of section 303(h)(2)(C)(iv) of such Act (29 graph (1) shall be made at such time and in lishing 1 or more newspapers which were
U.S.C. 1083(h)(2)(C)(iv)(I)) is amended by add- such manner as prescribed by the Secretary. published by the employer at any time dur-
ing at the end the following: ‘‘Notwith- Such election, once made with respect to a ing the 11-year period ending on December
standing anything in this subclause, if the plan year, shall apply to all subsequent plan 20, 2019,
average of the first, second, or third segment years unless revoked with the consent of the ‘‘(ii)(I) is not a company the stock of which
rate for any 25-year period is less than 5 per- Secretary. is publicly traded (on a stock exchange or in
cent, such average shall be deemed to be 5 ‘‘(4) ALTERNATIVE MINIMUM FUNDING STAND- an over-the-counter market), and is not con-
percent.’’. ARDS.—The alternative standards described trolled, directly or indirectly, by such a com-
(3) CONFORMING AMENDMENTS.— in this paragraph are the following: pany, or
(A) IN GENERAL.—Section 101(f)(2)(D) of ‘‘(A) INTEREST RATES.— ‘‘(II) is controlled, directly or indirectly,
such Act (29 U.S.C. 1021(f)(2)(D)) is amended— ‘‘(i) IN GENERAL.—Notwithstanding sub- during the entire 30-year period ending on
(i) in clause (i) by striking ‘‘and the Bipar- section (h)(2)(C) and except as provided in December 20, 2019, by individuals who are
tisan Budget Act of 2015’’ both places it ap- clause (ii), the first, second, and third seg- members of the same family, and does not
pears and inserting ‘‘, the Bipartisan Budget ment rates in effect for any month for pur- publish or distribute a daily newspaper that
Act of 2015, and the American Rescue Plan poses of this section shall be 8 percent. is carrier-distributed in printed form in more
Act of 2021’’, and ‘‘(ii) NEW BENEFIT ACCRUALS.—Notwith- than 5 States, and
(ii) in clause (ii) by striking ‘‘2023’’ and in- standing subsection (h)(2), for purposes of de- ‘‘(iii) is controlled, directly or indirectly—
serting ‘‘2029’’. termining the funding target and normal ‘‘(I) by 1 or more persons residing pri-
(B) STATEMENTS.—The Secretary of Labor cost of a plan for any plan year, the present marily in a State in which the community
shall modify the statements required under value of any benefits accrued or earned newspaper has been published on newsprint
subclauses (I) and (II) of section 101(f)(2)(D)(i) under the plan for a plan year with respect or carrier-distributed,
of such Act to conform to the amendments to which an election under paragraph (1) is ‘‘(II) during the entire 30-year period end-
made by this section. in effect shall be determined on the basis of ing on December 20, 2019, by individuals who
(c) EFFECTIVE DATE.— the United States Treasury obligation yield are members of the same family,
(1) IN GENERAL.—The amendments made by curve for the day that is the valuation date ‘‘(III) by 1 or more trusts, the sole trustees
this section shall apply with respect to plan of such plan for such plan year. of which are persons described in subclause
years beginning after December 31, 2019. ‘‘(iii) UNITED STATES TREASURY OBLIGATION (I) or (II), or
YIELD CURVE.—For purposes of this sub- ‘‘(IV) by a combination of persons de-
(2) ELECTION NOT TO APPLY.—A plan sponsor
section, the term ‘United States Treasury scribed in subclause (I), (II), or (III).
may elect not to have the amendments made
obligation yield curve’ means, with respect ‘‘(B) NEWSPAPER.—The term ‘newspaper’
by this section apply to any plan year begin-
to any day, a yield curve which shall be pre- does not include any newspaper (determined
ning before January 1, 2022, either (as speci-
scribed by the Secretary for such day on in- without regard to this subparagraph) to
fied in the election)—
terest-bearing obligations of the United which any of the following apply:
(A) for all purposes for which such amend-
States. ‘‘(i) Is not in general circulation.
ments apply, or
‘‘(B) SHORTFALL AMORTIZATION BASE.— ‘‘(ii) Is published (on newsprint or elec-
(B) solely for purposes of determining the
‘‘(i) PREVIOUS SHORTFALL AMORTIZATION tronically) less frequently than 3 times per
adjusted funding target attainment percent-
BASES.—The shortfall amortization bases de- week.
age under sections 436 of the Internal Rev- termined under subsection (c)(3) for all plan ‘‘(iii) Has not ever been regularly published
enue Code of 1986 and 206(g) of the Employee years preceding the first plan year to which on newsprint.
Retirement Income Security Act of 1974 for the election under paragraph (1) applies (and ‘‘(iv) Does not have a bona fide list of paid
such plan year. all shortfall amortization installments de- subscribers.
A plan shall not be treated as failing to meet termined with respect to such bases) shall be ‘‘(C) CONTROL.—A person shall be treated
the requirements of sections 204(g) of such reduced to zero under rules similar to the as controlled by another person if such other
Act and 411(d)(6) of such Code solely by rea- rules of subsection (c)(6). person possesses, directly or indirectly, the
son of an election under this paragraph. ‘‘(ii) NEW SHORTFALL AMORTIZATION BASE.— power to direct or cause the direction and
SEC. 9707. MODIFICATION OF SPECIAL RULES Notwithstanding subsection (c)(3), the short- management of such person (including the
FOR MINIMUM FUNDING STAND- fall amortization base for the first plan year power to elect a majority of the members of
ARDS FOR COMMUNITY NEWSPAPER to which the election under paragraph (1) ap-
PLANS. the board of directors of such person)
plies shall be the funding shortfall of such through the ownership of voting securities.
(a) AMENDMENT TO INTERNAL REVENUE CODE plan for such plan year (determined using ‘‘(6) CONTROLLED GROUP.—For purposes of
OF 1986.—Subsection (m) of section 430 of the the interest rates as modified under subpara- this subsection, the term ‘controlled group’
Internal Revenue Code of 1986 is amended to graph (A)). means all persons treated as a single em-
read as follows: ‘‘(C) DETERMINATION OF SHORTFALL AMORTI- ployer under subsection (b), (c), (m), or (o) of
‘‘(m) SPECIAL RULES FOR COMMUNITY NEWS- ZATION INSTALLMENTS.— section 414 as of December 20, 2019.’’.
PAPER PLANS.— ‘‘(i) 30-YEAR PERIOD.—Subparagraphs (A) (b) AMENDMENT TO EMPLOYEE RETIREMENT
‘‘(1) IN GENERAL.—An eligible newspaper and (B) of subsection (c)(2) shall be applied INCOME SECURITY ACT OF 1974.—Subsection
plan sponsor of a plan under which no partic- by substituting ‘30-plan-year’ for ‘7-plan- (m) of section 303 of the Employee Retire-
ipant has had the participant’s accrued ben- year’ each place it appears. ment Income Security Act of 1974 (29 U.S.C.
efit increased (whether because of service or ‘‘(ii) NO SPECIAL ELECTION.—The election 1083(m)) is amended to read as follows:
compensation) after April 2, 2019, may elect under subparagraph (D) of subsection (c)(2) ‘‘(m) SPECIAL RULES FOR COMMUNITY NEWS-
to have the alternative standards described shall not apply to any plan year to which the PAPER PLANS.—
in paragraph (4) apply to such plan. election under paragraph (1) applies. ‘‘(1) IN GENERAL.—An eligible newspaper
‘‘(2) ELIGIBLE NEWSPAPER PLAN SPONSOR.— ‘‘(D) EXEMPTION FROM AT-RISK TREAT- plan sponsor of a plan under which no partic-
The term ‘eligible newspaper plan sponsor’ MENT.—Subsection (i) shall not apply. ipant has had the participant’s accrued ben-
SSpencer on DSK126QN23PROD with SENATE
means the plan sponsor of— ‘‘(5) COMMUNITY NEWSPAPER PLAN.—For efit increased (whether because of service or
‘‘(A) any community newspaper plan, or purposes of this subsection— compensation) after April 2, 2019, may elect
‘‘(B) any other plan sponsored, as of April ‘‘(A) IN GENERAL.—The term ‘community to have the alternative standards described
2, 2019, by a member of the same controlled newspaper plan’ means any plan to which in paragraph (4) apply to such plan.
group of a plan sponsor of a community this section applies maintained as of Decem- ‘‘(2) ELIGIBLE NEWSPAPER PLAN SPONSOR.—
newspaper plan if such member is in the ber 31, 2018, by an employer which— The term ‘eligible newspaper plan sponsor’
trade or business of publishing 1 or more ‘‘(i) maintains the plan on behalf of par- means the plan sponsor of—
newspapers. ticipants and beneficiaries with respect to ‘‘(A) any community newspaper plan, or
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00070 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1107
‘‘(B) any other plan sponsored, as of April trolled, directly or indirectly, by such a com- (2) CONFORMING AMENDMENT.—Section
2, 2019, by a member of the same controlled pany, or 418(a)(2)(A) of such Act (42 U.S.C. 618(a)(2)(A))
group of a plan sponsor of a community ‘‘(II) is controlled, directly, or indirectly, is amended by striking ‘‘reservation de-
newspaper plan if such member is in the during the entire 30-year period ending on scribed in paragraph (4)’’ and inserting ‘‘res-
trade or business of publishing 1 or more December 20, 2019, by individuals who are ervations described in paragraphs (4) and
newspapers. members of the same family, and does not (6)(A)’’; and
‘‘(3) ELECTION.—An election under para- publish or distribute a daily newspaper that (b) MODIFICATION OF STATE MATCH RE-
graph (1) shall be made at such time and in is carrier-distributed in printed form in more QUIREMENT FOR FUNDING INCREASES IN FISCAL
such manner as prescribed by the Secretary than 5 States, and YEARS 2021 AND 2022.—With respect to the
of the Treasury. Such election, once made ‘‘(iii) is controlled, directly, or indirectly— amounts made available by section 418(a)(3)
with respect to a plan year, shall apply to all ‘‘(I) by 1 or more persons residing pri- of the Social Security Act for each of fiscal
subsequent plan years unless revoked with marily in a State in which the community years 2021 and 2022, section 418(a)(2)(C) of
the consent of the Secretary of the Treasury. newspaper has been published on newsprint such Act shall be applied and administered
‘‘(4) ALTERNATIVE MINIMUM FUNDING STAND- or carrier-distributed, with respect to any State that is entitled to
ARDS.—The alternative standards described ‘‘(II) during the entire 30-year period end- receive the entire amount that would be al-
in this paragraph are the following: ing on December 20, 2019, by individuals who lotted to the State under section 418(a)(2)(B)
‘‘(A) INTEREST RATES.— are members of the same family, of such Act for the fiscal year in the manner
‘‘(i) IN GENERAL.—Notwithstanding sub- ‘‘(III) by 1 or more trusts, the sole trustees authorized for fiscal year 2020, as if the Fed-
of which are persons described in subclause eral medical assistance percentage for the
section (h)(2)(C) and except as provided in
(I) or (II), or State for the fiscal year were 100 percent.
clause (ii), the first, second, and third seg-
‘‘(IV) by a combination of persons de- (c) FUNDING FOR THE TERRITORIES.—Section
ment rates in effect for any month for pur-
scribed in subclause (I), (II), or (III). 418(a) of such Act (42 U.S.C. 618(a)) is amend-
poses of this section shall be 8 percent.
‘‘(B) NEWSPAPER.—The term ‘newspaper’ ed by adding at the end the following:
‘‘(ii) NEW BENEFIT ACCRUALS.—Notwith-
does not include any newspaper (determined ‘‘(6) TERRITORIES.—
standing subsection (h)(2), for purposes of de-
without regard to this subparagraph) to ‘‘(A) GRANTS.—The Secretary shall reserve
termining the funding target and normal
which any of the following apply: $25,000,000 of the aggregate amount appro-
cost of a plan for any plan year, the present ‘‘(i) Is not in general circulation.
value of any benefits accrued or earned priated to carry out this section in each fis-
‘‘(ii) Is published (on newsprint or elec- cal year beginning with fiscal year 2021 to
under the plan for a plan year with respect tronically) less frequently than 3 times per
to which an election under paragraph (1) is make grants to the territories under this
week. paragraph for each such fiscal year.
in effect shall be determined on the basis of ‘‘(iii) Has not ever been regularly published
the United States Treasury obligation yield ‘‘(B) ALLOTMENTS.—The amount reserved
on newsprint. in subparagraph (A) for a fiscal year shall be
curve for the day that is the valuation date ‘‘(iv) Does not have a bona fide list of paid
of such plan for such plan year. allotted for such fiscal year among the terri-
subscribers. tories in proportion to their respective
‘‘(iii) UNITED STATES TREASURY OBLIGATION ‘‘(C) CONTROL.—A person shall be treated
YIELD CURVE.—For purposes of this sub- needs.
as controlled by another person if such other ‘‘(C) REDISTRIBUTION.—The 1st sentence of
section, the term ‘United States Treasury person possesses, directly or indirectly, the
obligation yield curve’ means, with respect clause (i) and clause (ii) of paragraph (2)(D)
power to direct or cause the direction and shall apply with respect to the amounts al-
to any day, a yield curve which shall be pre- management of such person (including the
scribed by the Secretary of the Treasury for lotted to the territories under this para-
power to elect a majority of the members of
such day on interest-bearing obligations of graph, except that the 2nd sentence of para-
the board of directors of such person)
the United States. graph (2)(D) shall not apply and the amounts
through the ownership of voting securities.
‘‘(B) SHORTFALL AMORTIZATION BASE.— allotted to the territories that are available
‘‘(6) CONTROLLED GROUP.—For purposes of
‘‘(i) PREVIOUS SHORTFALL AMORTIZATION for redistribution for a fiscal year shall be
this subsection, the term ‘controlled group’
BASES.—The shortfall amortization bases de- redistributed to each territory that applies
means all persons treated as a single em-
termined under subsection (c)(3) for all plan for the additional amounts, to the extent
ployer under subsection (b), (c), (m), or (o) of
years preceding the first plan year to which that the Secretary determines that the terri-
section 414 of the Internal Revenue Code of
the election under paragraph (1) applies (and tory will be able to use the additional
1986 as of December 20, 2019.
all shortfall amortization installments de- amounts to provide child care assistance, in
‘‘(7) EFFECT ON PREMIUM RATE CALCULA-
termined with respect to such bases) shall be TION.—In the case of a plan for which an elec-
an amount that bears the same ratio to the
reduced to zero under rules similar to the tion is made to apply the alternative stand- amount so available for redistribution as the
rules of subsection (c)(6). ards described in paragraph (3), the addi- amount allotted to the territory for the fis-
‘‘(ii) NEW SHORTFALL AMORTIZATION BASE.— tional premium under section 4006(a)(3)(E) cal year bears to the total amount allotted
Notwithstanding subsection (c)(3), the short- shall be determined as if such election had to all the territories receiving redistributed
fall amortization base for the first plan year not been made.’’. funds under this paragraph for the fiscal
to which the election under paragraph (1) ap- (c) EFFECTIVE DATE.—The amendments year.
plies shall be the funding shortfall of such made by this section shall apply to plan ‘‘(D) INAPPLICABILITY OF PAYMENT LIMITA-
plan for such plan year (determined using years ending after December 31, 2017. TION.— Section 1108(a) shall not apply with
the interest rates as modified under subpara- SEC. 9708. EXPANSION OF LIMITATION ON EXCES- respect to any amount paid under this para-
graph (A)). SIVE EMPLOYEE REMUNERATION. graph.
‘‘(C) DETERMINATION OF SHORTFALL AMORTI- Paragraph (3) of section 162(m) of the In- ‘‘(E) TERRITORY.—In this paragraph, the
ZATION INSTALLMENTS.— ternal Revenue Code of 1986 is amended— term ‘territory’ means the Commonwealth of
‘‘(i) 30-YEAR PERIOD.—Subparagraphs (A) (1) by redesignating subparagraph (C) as Puerto Rico, the United States Virgin Is-
and (B) of subsection (c)(2) shall be applied subparagraph (D), lands, Guam, American Samoa, and the Com-
by substituting ‘30-plan-year’ for ‘7-plan- (2) by striking ‘‘or’’ at the end of subpara- monwealth of the Northern Mariana Is-
year’ each place it appears. graph (B), lands.’’.
‘‘(ii) NO SPECIAL ELECTION.—The election (3) by inserting after subparagraph (B) the Subtitle J—Medicaid
under subparagraph (D) of subsection (c)(2) following new subparagraph: SEC. 9811. MANDATORY COVERAGE OF COVID–19
shall not apply to any plan year to which the ‘‘(C) in the case of taxable years beginning VACCINES AND ADMINISTRATION
election under paragraph (1) applies. after December 31, 2026, such employee is AND TREATMENT UNDER MEDICAID.
‘‘(D) EXEMPTION FROM AT-RISK TREAT- among the 5 highest compensated employees (a) COVERAGE.—
MENT.—Subsection (i) shall not apply. for the taxable year other than any indi- (1) IN GENERAL.—Section 1905(a)(4) of the
‘‘(5) COMMUNITY NEWSPAPER PLAN.—For vidual described in subparagraph (A) or (B), Social Security Act (42 U.S.C. 1396d(a)(4)) is
purposes of this subsection— or’’, and amended by striking the semicolon at the
‘‘(A) IN GENERAL.—The term ‘community (4) by striking ‘‘employee’’ in subpara- end and inserting ‘‘; and (E) during the pe-
newspaper plan’ means a plan to which this graph (D), as so redesignated, and inserting riod beginning on the date of the enactment
section applies maintained as of December ‘‘employee described in subparagraph (A) or of the American Rescue Plan Act of 2021 and
31, 2018, by an employer which— (B)’’. ending on the last day of the first calendar
‘‘(i) maintains the plan on behalf of par- Subtitle I—Child Care for Workers quarter that begins one year after the last
ticipants and beneficiaries with respect to SEC. 9801. CHILD CARE ASSISTANCE. day of the emergency period described in sec-
SSpencer on DSK126QN23PROD with SENATE
employment in the trade or business of pub- (a) APPROPRIATION.— tion 1135(g)(1)(B), a COVID–19 vaccine and ad-
lishing 1 or more newspapers which were (1) IN GENERAL.—Section 418(a)(3) of the So- ministration of the vaccine; and (F) during
published by the employer at any time dur- cial Security Act (42 U.S.C. 618(a)(3)) is the period beginning on the date of the en-
ing the 11-year period ending on December amended to read as follows: actment of the American Rescue Plan Act of
20, 2019, ‘‘(3) APPROPRIATION.—For grants under this 2021 and ending on the last day of the first
‘‘(ii)(I) is not a company the stock of which section, there are appropriated $3,047,000,000 calendar quarter that begins one year after
is publicly traded (on a stock exchange or in for each fiscal year beginning with fiscal the last day of the emergency period de-
an over-the-counter market), and is not con- year 2021.’’. scribed in section 1135(g)(1)(B), testing and
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00071 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
S1108 CONGRESSIONAL RECORD — SENATE March 4, 2021
treatments for COVID-19, including special- (iii) by adding at the end the following sub- (B) CONFORMING AMENDMENT.—Section
ized equipment and therapies (including pre- paragraphs: 1927(d)(7) of the Social Security Act (42
ventive therapies), and, without regard to ‘‘(H) during the period beginning on the U.S.C. 1396r–8(d)(7)) is amended by adding at
the requirements of section 1902(a)(10)(B) (re- date of the enactment of this subparagraph the end the following new subparagraph:
lating to comparability), in the case of an in- and ending on the last day of the first cal- ‘‘(E) Drugs and biological products to
dividual who is diagnosed with or presumed endar quarter that begins one year after the which section 1905(a)(4)(F) and subclause
to have COVID–19, during the period such in- last day of the emergency period described in (XVIII) in the matter following subparagraph
dividual has (or is presumed to have) COVID– section 1135(g)(1)(B), a COVID–19 vaccine and (G) of section 1902(a)(10) apply that are fur-
19, the treatment of a condition that may se- the administration of such vaccine (for any nished as medical assistance in accordance
riously complicate the treatment of COVID– individual eligible for medical assistance for with such section or clause, respectively, for
19, if otherwise covered under the State plan such vaccine (and administration)); or the treatment or prevention, of COVID–19, as
(or waiver of such plan);’’. ‘‘(I) during the period beginning on the described in such subparagraph or subclause,
(2) MAKING COVID–19 VACCINE AVAILABLE TO date of the enactment of this subparagraph respectively, and section 1902(a)(10)(A).’’.
ADDITIONAL ELIGIBILITY GROUPS AND TREAT- and ending on the last day of the first cal- (5) ALTERNATIVE BENEFIT PLANS.—Section
MENT AVAILABLE TO CERTAIN UNINSURED.— endar quarter that begins one year after the 1937(b) of the Social Security Act (42 U.S.C.
Section 1902(a)(10) of such Act (42 U.S.C. last day of the emergency period described in 1396u–7(b)) is amended by adding at the end
1396a(a)(10)) is amended in the matter fol- section 1135(g)(1)(B), testing and treatments the following new paragraph:
lowing subparagraph (G)— for COVID-19, including specialized equip- ‘‘(8) COVID–19 VACCINES, TESTING, AND
(A) by striking ‘‘and to other conditions TREATMENT.—Notwithstanding the previous
ment and therapies (including preventive
which may complicate pregnancy, (VIII)’’ provisions of this section, a State may not
therapies), and, in the case of an individual
and inserting ‘‘, medical assistance for serv- provide for medical assistance through en-
who is diagnosed with or presumed to have
ices related to other conditions which may rollment of an individual with benchmark
COVID–19, during the period during which
complicate pregnancy, and medical assist- coverage or benchmark-equivalent coverage
such individual has (or is presumed to have)
ance for vaccines described in section under this section unless, during the period
COVID–19, the treatment of a condition that
1905(a)(4)(E) and the administration of such beginning on the date of the enactment of
vaccines during the period described in such may seriously complicate the treatment of
COVID–19, if otherwise covered under the the American Rescue Plan Act of 2021 and
section, (VIII)’’; ending on the last day of the first calendar
(B) by inserting ‘‘and medical assistance State plan (or waiver of such plan); and’’.
(B) APPLICATION TO ALTERNATIVE COST quarter that begins one year after the last
for vaccines described in section 1905(a)(4)(E) day of the emergency period described in sec-
SHARING.—Section 1916A(b)(3)(B) of the So-
and the administration of such vaccines dur- tion 1135(g)(1)(B), such coverage includes
ing the period described in such section’’ cial Security Act (42 U.S.C. 1396o–1(b)(3)(B))
is amended— (and does not impose any deduction, cost
after ‘‘(described in subsection (z)(2))’’; sharing, or similar charge for)—
(C) by inserting ‘‘and medical assistance (i) in clause (xi), by striking ‘‘any visit’’
and inserting ‘‘any service’’; and ‘‘(A) COVID–19 vaccines and administra-
for vaccines described in section 1905(a)(4)(E) tion of the vaccines; and
and the administration of such vaccines dur- (ii) by adding at the end the following
clauses: ‘‘(B) testing and treatments for COVID-19,
ing the period described in such section’’ including specialized equipment and thera-
after ‘‘described in subsection (k)(1)’’; ‘‘(xii) During the period beginning on the
date of the enactment of this clause and end- pies (including preventive therapies), and, in
(D) by inserting ‘‘and medical assistance
ing on the last day of the first calendar quar- the case of such an individual who is diag-
for vaccines described in section 1905(a)(4)(E)
ter that begins one year after the last day of nosed with or presumed to have COVID–19,
and the administration of such vaccines dur-
the emergency period described in section during the period such individual has (or is
ing the period described in such section’’
1135(g)(1)(B), a COVID–19 vaccine and the ad- presumed to have) COVID–19, the treatment
after ‘‘family planning setting’’;
ministration of such vaccine (for any indi- of a condition that may seriously complicate
(E) by striking ‘‘and any visit described in
vidual eligible for medical assistance for the treatment of COVID–19, if otherwise cov-
section 1916(a)(2)(G) that is furnished during
such vaccine (and administration)). ered under the State plan (or waiver of such
any such portion’’ and inserting ‘‘, any serv-
‘‘(xiii) During the period beginning on the plan).’’.
ice described in section 1916(a)(2)(G) that is
furnished during any such portion, any vac- date of the enactment of this clause and end- (b) TEMPORARY INCREASE IN FEDERAL PAY-
cine described in section 1905(a)(4)(E) (and ing on the last day of the first calendar quar- MENTS FOR COVERAGE AND ADMINISTRATION OF
the administration of such vaccine) that is ter that begins one year after the last day of COVID–19 VACCINES.—Section 1905 of the So-
furnished during any such portion, and test- the emergency period described in section cial Security Act (42 U.S.C. 1396d) is amend-
ing and treatments for COVID-19, including 1135(g)(1)(B), testing and treatments for ed—
specialized equipment and therapies (includ- COVID-19, including specialized equipment (1) in subsection (b), by striking ‘‘and (ff)’’
ing preventive therapies), and, in the case of and therapies (including preventive thera- and inserting ‘‘(ff), and (hh)’’;
an individual who is diagnosed with or pre- pies), and, in the case of an individual who is (2) in subsection (ff), in the matter pre-
sumed to have COVID–19, during the period diagnosed with or presumed to have COVID– ceding paragraph (1), by inserting ‘‘, subject
such individual has (or is presumed to have) 19, during the period during which such indi- to subsection (hh)’’ after ‘‘or (z)(2)’’ and
COVID–19, the treatment of a condition that vidual has (or is presumed to have) COVID– (3) by adding at the end the following new
may seriously complicate the treatment of 19, the treatment of a condition that may se- subsection:
COVID–19, if otherwise covered under the riously complicate the treatment of COVID– ‘‘(hh) TEMPORARY INCREASED FMAP FOR
State plan (or waiver of such plan)’’; and 19, if otherwise covered under the State plan MEDICAL ASSISTANCE FOR COVERAGE AND AD-
(F) by striking the semicolon at the end (or waiver of such plan).’’. MINISTRATION OF COVID–19 VACCINES.—
and inserting ‘‘, and (XIX) medical assist- (4) INCLUSION IN THE MEDICAID DRUG REBATE ‘‘(1) IN GENERAL.—Notwithstanding any
ance shall be made available during the pe- PROGRAM OF COVERED OUTPATIENT DRUGS USED other provision of this title, during the pe-
riod described in section 1905(a)(4)(E) for vac- FOR COVID–19 TREATMENT.— riod described in paragraph (2), the Federal
cines described in such section and the ad- (A) IN GENERAL.—The requirements of sec- medical assistance percentage for a State,
ministration of such vaccines, for any indi- tion 1927 of the Social Security Act (42 with respect to amounts expended by the
vidual who is eligible for and receiving med- U.S.C. 1396r–8) shall apply to any drug or bio- State for medical assistance for a vaccine de-
ical assistance under the State plan or under logical product to which subparagraph (F) of scribed in subsection (a)(4)(E) (and the ad-
a waiver of such plan (other than an indi- section 1905(a)(4) of such Act, as added by ministration of such a vaccine), shall be
vidual who is eligible for medical assistance paragraph (1), applies or to which the sub- equal to 100 percent.
consisting only of payment of premiums pur- clause (XVIII) in the matter following sub- ‘‘(2) PERIOD DESCRIBED.—The period de-
suant to subparagraph (E) or (F) or section paragraph (G) of section 1902(a)(10) of such scribed in this paragraph is the period that—
1933), notwithstanding any provision of this Act, as added by paragraph (2), applies that ‘‘(A) begins on the first day of the first
title or waiver under section 1115 impacting is— quarter beginning after the date of the en-
such individual’s eligibility for medical as- (i) furnished as medical assistance in ac- actment of this subsection; and
sistance under such plan or waiver to cov- cordance with section 1902(a)(10)(A) of such ‘‘(B) ends on the last day of the first quar-
erage for a limited type of benefits and serv- Act and such subparagraph (F) or subclause ter that begins one year after the last day of
ices that would not otherwise include cov- (XVIII) and section 1902(a)(10)(A) of such Act, the emergency period described in section
erage of a COVID–19 vaccine and its adminis- as applicable, for the treatment, or preven- 1135(g)(1)(B).
tration;’’. tion, of COVID-19, as described in such sub- ‘‘(3) EXCLUSION OF EXPENDITURES FROM TER-
SSpencer on DSK126QN23PROD with SENATE
(3) PROHIBITION OF COST SHARING.— paragraph or subclause, respectively; and RITORIAL CAPS.—Any payment made to a ter-
(A) IN GENERAL.—Subsections (a)(2) and (ii) a covered outpatient drug (as defined in ritory for expenditures for medical assist-
(b)(2) of section 1916 of the Social Security section 1927(k) of such Act, except that, in ance under subsection (a)(4)(E) that are sub-
Act (42 U.S.C. 1396o) are each amended— applying paragraph (2)(A) of such section to ject to the Federal medical assistance per-
(i) in subparagraph (F), by striking ‘‘or’’ at a drug to which such subparagraph (F) or centage specified under paragraph (1) shall
the end; such subclause (XVIII) applies, such drug not be taken into account for purposes of ap-
(ii) in subparagraph (G), by striking ‘‘; shall be deemed a prescribed drug for pur- plying payment limits under subsections (f)
and’’; and poses of section 1905(a)(12) of such Act). and (g) of section 1108.’’.
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00072 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1109
SEC. 9812. MODIFICATIONS TO CERTAIN COV- tion, provide medical assistance for quali- ‘‘(A) any additional Federal funds received
ERAGE UNDER MEDICAID FOR fying community-based mobile crisis inter- by the State for qualifying community-based
PREGNANT AND POSTPARTUM vention services. mobile crisis intervention services provided
WOMEN. ‘‘(b) QUALIFYING COMMUNITY-BASED MOBILE under this section that are attributable to
(a) STATE OPTION.—Section 1902(e) of the CRISIS INTERVENTION SERVICES DEFINED.—For the increased Federal medical assistance
Social Security Act (42 U.S.C. 1396a(e)) is purposes of this section, the term ‘qualifying percentage under subection (c) will be used
amended by adding at the end the following community-based mobile crisis intervention to supplement, and not supplant, the level of
new paragraph: services’ means, with respect to a State, State funds expended for such services for
‘‘(16) EXTENDING CERTAIN COVERAGE FOR items and services for which medical assist- the fiscal year preceding the first fiscal
PREGNANT AND POSTPARTUM WOMEN.— ance is available under the State plan under quarter occurring during the period de-
‘‘(A) IN GENERAL.—At the option of the this title or a waiver of such plan, that are— scribed in subsection (a);
State, the State plan (or waiver of such ‘‘(1) furnished to an individual otherwise ‘‘(B) if the State made qualifying commu-
State plan) may provide, that an individual eligible for medical assistance under the nity-based mobile crisis intervention serv-
who, while pregnant, is eligible for and has State plan (or waiver of such plan) who is— ices available in a region of the State in such
received medical assistance under the State ‘‘(A) outside of a hospital or other facility fiscal year, the State will continue to make
plan approved under this title (or a waiver of setting; and such services available in such region under
such plan) (including during a period of ret- ‘‘(B) experiencing a mental health or sub- this section during each month occurring
roactive eligibility under subsection (a)(34)) stance use disorder crisis; during the period described in subsection (a)
shall, in addition to remaining eligible under ‘‘(2) furnished by a multidisciplinary mo- for which the Federal medical assistance
paragraph (5) for all pregnancy-related and bile crisis team— percentage under subsection (c) is applicable
postpartum medical assistance available ‘‘(A) that includes at least 1 behavioral with respect to the State.
under the State plan (or waiver) through the health care professional who is capable of ‘‘(e) FUNDING FOR STATE PLANNING
last day of the month in which the 60-day pe- conducting an assessment of the individual, GRANTS.—There is appropriated, out of any
riod (beginning on the last day of her preg- in accordance with the professional’s per- funds in the Treasury not otherwise appro-
nancy) ends, remain eligible under the State mitted scope of practice under State law, priated, $15,000,000 to the Secretary for pur-
plan (or waiver) for medical assistance for and other professionals or paraprofessionals poses of implementing, administering, and
the period beginning on the first day occur- with appropriate expertise in behavioral making planning grants to States as soon as
ring after the end of such 60-day period and health or mental health crisis response, in- practicable for purposes of developing a
ending on the last day of the month in which cluding nurses, social workers, peer support State plan amendment or section 1115,
the 12-month period (beginning on the last specialists, and others, as designated by the 1915(b), or 1915(c) waiver request (or an
day of her pregnancy) ends. State through a State plan amendment (or amendment to such a waiver) to provide
‘‘(B) FULL BENEFITS DURING PREGNANCY AND waiver of such plan); qualifying community-based mobile crisis
THROUGHOUT THE 12-MONTH POSTPARTUM PE- ‘‘(B) whose members are trained in trau- intervention services under this section, to
RIOD.—The medical assistance provided for a ma-informed care, de-escalation strategies, remain available until expended.’’.
pregnant or postpartum individual by a and harm reduction; SEC. 9814. TEMPORARY INCREASE IN FMAP FOR
State making an election under this para- MEDICAL ASSISTANCE UNDER
‘‘(C) that is able to respond in a timely STATE MEDICAID PLANS WHICH
graph, without regard to the basis on which manner and, where appropriate, provide— BEGIN TO EXPEND AMOUNTS FOR
the individual is eligible for medical assist- ‘‘(i) screening and assessment; CERTAIN MANDATORY INDIVIDUALS.
ance under the State plan (or waiver), shall— ‘‘(ii) stabilization and de-escalation; and Section 1905 of the Social Security Act (42
‘‘(i) include all items and services covered ‘‘(iii) coordination with, and referrals to, U.S.C. 1396d), as amended by section 9811 of
under the State plan (or waiver) that are not health, social, and other services and sup- this subtitle, is further amended—
less in amount, duration, or scope, or are de- ports as needed, and health services as need- (1) in subsection (b), in the first sentence,
termined by the Secretary to be substan- ed; by striking ‘‘and (hh)’’ and inserting ‘‘(hh),
tially equivalent, to the medical assistance ‘‘(D) that maintains relationships with rel- and (ii)’’;
available for an individual described in sub- evant community partners, including med- (2) in subsection (ff), by striking ‘‘subject
section (a)(10)(A)(i); and ical and behavioral health providers, pri- to subsection (hh)’’ and inserting ‘‘subject to
‘‘(ii) be provided for the individual while mary care providers, community health cen- subsections (hh) and (ii)’’; and
pregnant and during the 12-month period ters, crisis respite centers, and managed care (3) by adding at the end the following new
that begins on the last day of the individ- organizations (if applicable); and subsection:
ual’s pregnancy and ends on the last day of ‘‘(E) that maintains the privacy and con- ‘‘(ii) TEMPORARY INCREASE IN FMAP FOR
the month in which such 12-month period fidentiality of patient information con- MEDICAL ASSISTANCE UNDER STATE MEDICAID
ends. sistent with Federal and State requirements; PLANS WHICH BEGIN TO EXPEND AMOUNTS FOR
‘‘(C) COVERAGE UNDER CHIP.—A State mak- and CERTAIN MANDATORY INDIVIDUALS.—
ing an election under this paragraph that ‘‘(3) available 24 hours per day, every day ‘‘(1) IN GENERAL.—For each quarter occur-
covers under title XXI child health assist- of the year. ring during the 8-quarter period beginning
ance for targeted low-income children who ‘‘(c) PAYMENTS.—Notwithstanding section with the first calendar quarter during which
are pregnant or targeted low-income preg- 1905(b) or 1905(ff) and subject to subsections a qualifying State (as defined in paragraph
nant women, as applicable, shall also make (y) and (z) of section 1905, during each of the (3)) expends amounts for all individuals de-
the election under section 2107(e)(1)(J) of first 12 fiscal quarters occurring during the scribed in section 1902(a)(10)(A)(i)(VIII) under
such title.’’. period described in subsection (a) that a the State plan (or waiver of such plan), the
(b) EFFECTIVE DATE.—The amendment State meets the requirements described in Federal medical assistance percentage deter-
made by subsection (a) shall apply with re- subsection (d), the Federal medical assist- mined under subsection (b) for such State
spect to State elections made under para- ance percentage applicable to amounts ex- shall, after application of any increase, if ap-
graph (16) of section 1902(e) of the Social Se- pended by the State for medical assistance plicable, under section 6008 of the Families
curity Act (42 U.S.C. 1396a(e)), as added by for qualifying community-based mobile cri- First Coronavirus Response Act, be increased
subsection (a), during the 5-year period be- sis intervention services furnished during by 5 percentage points, except for any quar-
ginning on the 1st day of the 1st fiscal year such quarter shall be equal to 85 percent. In ter (and each subsequent quarter) during
quarter that begins one year after the date no case shall the application of the previous such period during which the State ceases to
of the enactment of this Act. sentence result in the Federal medical as- provide medical assistance to any such indi-
SEC. 9813. STATE OPTION TO PROVIDE QUALI- sistance percentage applicable to amounts vidual under the State plan (or waiver of
FYING COMMUNITY-BASED MOBILE expended by a State for medical assistance such plan).
CRISIS INTERVENTION SERVICES. for such qualifying community-based mobile ‘‘(2) SPECIAL APPLICATION RULES.—Any in-
Title XIX of the Social Security Act is crisis intervention services furnished during crease described in paragraph (1) (or pay-
amended by adding after section 1946 (42 a quarter being less than the Federal med- ment made for expenditures on medical as-
U.S.C. 1396w–5) the following new section: ical assistance percentage that would apply sistance that are subject to such increase)—
‘‘SEC. 1947. STATE OPTION TO PROVIDE QUALI- to such amounts expended by the State for ‘‘(A) shall not apply with respect to dis-
FYING COMMUNITY-BASED MOBILE such services furnished during such quarter proportionate share hospital payments de-
CRISIS INTERVENTION SERVICES. without application of the previous sentence. scribed in section 1923;
‘‘(a) IN GENERAL.—Notwithstanding section ‘‘(d) REQUIREMENTS.—The requirements de- ‘‘(B) shall not be taken into account in cal-
1902(a)(1) (relating to Statewideness), section scribed in this subsection are the following: culating the enhanced FMAP of a State
SSpencer on DSK126QN23PROD with SENATE
1902(a)(10)(B) (relating to comparability), ‘‘(1) The State demonstrates, to the satis- under section 2105;
section 1902(a)(23)(A) (relating to freedom of faction of the Secretary that it will be able ‘‘(C) shall not be taken into account for
choice of providers), or section 1902(a)(27) (re- to support the provision of qualifying com- purposes of part A, D, or E of title IV; and
lating to provider agreements), a State may, munity-based mobile crisis intervention ‘‘(D) shall not be taken into account for
during the 5-year period beginning on the services that meet the conditions specified purposes of applying payment limits under
first day of the first fiscal year quarter that in subsection (b). subsections (f) and (g) of section 1108.
begins on or after the date that is 1 year ‘‘(2) The State provides assurances satis- ‘‘(3) DEFINITION.—For purposes of this sub-
after the date of the enactment of this sec- factory to the Secretary that— section, the term ‘qualifying State’ means a
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00073 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
S1110 CONGRESSIONAL RECORD — SENATE March 4, 2021
State which has not expended amounts for riod’’ means, with respect to a State, the pe- ity in the State with diagnosed or suspected
all individuals described in section riod— cases of COVID–19 among residents or staff
1902(a)(10)(A)(i)(VIII) before the date of the (i) beginning on April 1, 2021; and for the purposes of assisting with clinical
enactment of this subsection.’’. (ii) ending on March 31, 2022. care, infection control, or staffing during the
SEC. 9815. EXTENSION OF 100 PERCENT FEDERAL (B) HOME AND COMMUNITY-BASED SERV- emergency period described in section
MEDICAL ASSISTANCE PERCENTAGE ICES.—The term ‘‘home and community- 1135(g)(1)(B) and the 1-year period imme-
TO URBAN INDIAN HEALTH ORGANI- based services’’ means any of the following: diately following the end of such emergency
ZATIONS AND NATIVE HAWAIIAN (i) Home health care services authorized period.’’.
HEALTH CARE SYSTEMS.
under paragraph (7) of section 1905(a) of the SEC. 9819. SPECIAL RULE FOR THE PERIOD OF A
Section 1905(b) of the Social Security Act Social Security Act (42 U.S.C. 1396d(a)). DECLARED PUBLIC HEALTH EMER-
(42 U.S.C. 1396d(b)) is amended by inserting (ii) Personal care services authorized under GENCY RELATED TO CORONAVIRUS.
after ‘‘(as defined in section 4 of the Indian paragraph (24) of such section.
Health Care Improvement Act)’’ the fol- (a) IN GENERAL.—Section 1923(f)(3) of the
(iii) PACE services authorized under para- Social Security Act (42 U.S.C. 1396r-4(f)(3)) is
lowing: ‘‘; for the 8 fiscal year quarters be- graph (26) of such section.
ginning with the first fiscal year quarter be- amended—
(iv) Home and community-based services (1) in subparagraph (A), by striking ‘‘sub-
ginning after the date of the enactment of authorized under subsections (b), (c), (i), (j),
the American Rescue Plan Act of 2021, the paragraph (E)’’ and inserting ‘‘subparagraphs
and (k) of section 1915 of such Act (42 U.S.C. (E) and (F)’’ ; and
Federal medical assistance percentage shall 1396n), such services authorized under a
also be 100 per centum with respect to (2) by adding at the end the following new
waiver under section 1115 of such Act (42 subparagraph:
amounts expended as medical assistance for U.S.C. 1315), and such services through cov-
services which are received through an ‘‘(F) ALLOTMENTS DURING THE CORONAVIRUS
erage authorized under section 1937 of such TEMPORARY MEDICAID FMAP INCREASE.—
Urban Indian organization (as defined in Act (42 U.S.C. 1396u–7).
paragraph (29) of section 4 of the Indian ‘‘(i) IN GENERAL.—Notwithstanding any
(v) Case management services authorized other provision of this subsection, for any
Health Care Improvement Act) that has a under section 1905(a)(19) of the Social Secu-
grant or contract with the Indian Health fiscal year for which the Federal medical as-
rity Act (42 U.S.C. 1396d(a)(19)) and section sistance percentage applicable to expendi-
Service under title V of such Act; and, for 1915(g) of such Act (42 U.S.C. 1396n(g)).
such 8 fiscal year quarters, the Federal med- tures under this section is increased pursu-
(vi) Rehabilitative services, including ant to section 6008 of the Families First
ical assistance percentage shall also be 100 those related to behavioral health, described
per centum with respect to amounts ex- Coronavirus Response Act, the Secretary
in section 1905(a)(13) of such Act (42 U.S.C. shall recalculate the annual DSH allotment,
pended as medical assistance for services 1396d(a)(13)).
which are received through a Native Hawai- including the DSH allotment specified under
(vii) Such other services specified by the paragraph (6)(A)(vi), to ensure that the total
ian Health Center (as defined in section 12(4) Secretary of Health and Human Services.
of the Native Hawaiian Health Care Improve- DSH payments (including both Federal and
(C) ELIGIBLE INDIVIDUAL.—The term ‘‘eligi- State shares) that a State may make related
ment Act) or a qualified entity (as defined in ble individual’’ means an individual who is
section 6(b) of such Act) that has a grant or to a fiscal year is equal to the total DSH
eligible for and enrolled for medical assist- payments that the State could have made for
contract with the Papa Ola Lokahi under ance under a State Medicaid program and in-
section 8 of such Act’’. such fiscal year without such increase to the
cludes an individual who becomes eligible for Federal medical assistance percentage.
SEC. 9816. SUNSET OF LIMIT ON MAXIMUM RE- medical assistance under a State Medicaid
BATE AMOUNT FOR SINGLE SOURCE ‘‘(ii) NO APPLICATION TO ALLOTMENTS BEGIN-
program when removed from a waiting list. NING AFTER COVID–19 EMERGENCY PERIOD.—The
DRUGS AND INNOVATOR MULTIPLE
SOURCE DRUGS. (D) MEDICAID PROGRAM.—The term ‘‘Med- DSH allotment for any State for the first fis-
icaid program’’ means, with respect to a cal year beginning after the end of the emer-
Section 1927(c)(2)(D) of the Social Security
State, the State program under title XIX of gency period described in section
Act (42 U.S.C. 1396r–8(c)(2)(D)) is amended by
the Social Security Act (42 U.S.C. 1396 et 1135(g)(1)(B) or any succeeding fiscal year
inserting after ‘‘December 31, 2009,’’ the fol-
seq.) (including any waiver or demonstration shall be determined under this paragraph
lowing: ‘‘and before January 1, 2024,’’.
under such title or under section 1115 of such without regard to the DSH allotments deter-
SEC. 9817. ADDITIONAL SUPPORT FOR MEDICAID
HOME AND COMMUNITY-BASED
Act (42 U.S.C. 1315) relating to such title). mined under clause (i).’’.
SERVICES DURING THE COVID–19 (E) STATE.—The term ‘‘State’’ has the
(b) EFFECTIVE DATE.—The amendment
EMERGENCY. meaning given such term for purposes of
made by subsection (a) shall take effect and
(a) INCREASED FMAP.— title XIX of the Social Security Act (42
apply as if included in the enactment of the
(1) IN GENERAL.—Notwithstanding section U.S.C. 1396 et seq.).
Families First Coronavirus Response Act
1905(b) of the Social Security Act (42 U.S.C. (b) STATE REQUIREMENTS FOR FMAP IN-
CREASE.—As conditions for receipt of the in-
(Public Law 116–127).
1396d(b)) or section 1905(ff), in the case of a
State that meets the HCBS program require- crease under subsection (a) to the Federal Subtitle K—Children’s Health Insurance
ments under subsection (b), the Federal med- medical assistance percentage determined Program
for a State, the State shall meet each of the
ical assistance percentage determined for SEC. 9821. MANDATORY COVERAGE OF COVID–19
following requirements (referred to in sub- VACCINES AND ADMINISTRATION
the State under section 1905(b) of such Act
section (a) as the HCBS program require- AND TREATMENT UNDER CHIP.
(or, if applicable, under section 1905(ff)) and,
ments):
if applicable, increased under subsection (y), (a) COVERAGE.—
(1) SUPPLEMENT, NOT SUPPLANT.—The State
(z), (aa), or (ii) of section 1905 of such Act (42 (1) IN GENERAL.—Section 2103(c) of the So-
shall use the Federal funds attributable to
U.S.C. 1396d), section 1915(k) of such Act (42 cial Security Act (42 U.S.C. 1397cc(c)) is
the increase under subsection (a) to supple-
U.S.C. 1396n(k)), or section 6008(a) of the amended by adding at the end the following
ment, and not supplant, the level of State
Families First Coronavirus Response Act paragraph:
funds expended for home and community-
(Public Law 116–127), shall be increased by ‘‘(11) REQUIRED COVERAGE OF COVID–19 VAC-
based services for eligible individuals
7.35 percentage points with respect to ex- CINES AND TREATMENT.—Regardless of the
through programs in effect as of April 1, 2021.
penditures of the State under the State Med- type of coverage elected by a State under
(2) REQUIRED IMPLEMENTATION OF CERTAIN
icaid program for home and community- subsection (a), the child health assistance
ACTIVITIES.—The State shall implement, or
based services (as defined in paragraph provided for a targeted low-income child,
supplement the implementation of, one or
(2)(B)) that are provided during the HCBS and, in the case of a State that elects to pro-
more activities to enhance, expand, or
program improvement period (as defined in vide pregnancy-related assistance pursuant
strengthen home and community-based serv-
paragraph (2)(A)). In no case may the appli- to section 2112, the pregnancy-related assist-
ices under the State Medicaid program.
cation of the previous sentence result in the ance provided for a targeted low-income
SEC. 9818. FUNDING FOR STATE STRIKE TEAMS
Federal medical assistance percentage deter- FOR RESIDENT AND EMPLOYEE pregnant woman (as such terms are defined
mined for a State being more than 95 percent SAFETY IN NURSING FACILITIES. for purposes of such section), shall include
with respect to such expenditures. Any pay- Section 1919 of the Social Security Act (42 coverage, during the period beginning on the
ment made to Puerto Rico, the Virgin Is- U.S.C. 1396r) is amended by adding at the end date of the enactment of this paragraph and
lands, Guam, the Northern Mariana Islands, the following new subsection: ending on the last day of the first calendar
or American Samoa for expenditures on med- ‘‘(k) FUNDING FOR STATE STRIKE TEAMS.— quarter that begins one year after the last
ical assistance that are subject to the Fed- In addition to amounts otherwise available, day of the emergency period described in sec-
eral medical assistance percentage increase there is appropriated to the Secretary, out of tion 1135(g)(1)(B), of—
SSpencer on DSK126QN23PROD with SENATE
specified under the first sentence of this any monies in the Treasury not otherwise ‘‘(A) a COVID–19 vaccine (and the adminis-
paragraph shall not be taken into account appropriated, $250,000,000, to remain avail- tration of the vaccine); and
for purposes of applying payment limits able until expended, for purposes of allo- ‘‘(B) testing and treatments for COVID-19,
under subsections (f) and (g) of section 1108 cating such amount among the States (in- including specialized equipment and thera-
of the Social Security Act (42 U.S.C. 1308). cluding the District of Columbia and each pies (including preventive therapies), and, in
(2) DEFINITIONS.—In this section: territory of the United States) for such a the case of an individual who is diagnosed
(A) HCBS PROGRAM IMPROVEMENT PERIOD.— State to establish and implement a strike with or presumed to have COVID–19, during
The term ‘‘HCBS program improvement pe- team that will be deployed to a nursing facil- the period during which such individual has
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00074 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1111
(or is presumed to have) COVID–19, the treat- SEC. 9822. MODIFICATIONS TO CERTAIN COV- State in which there are no rural areas (as
ment of a condition that may seriously com- ERAGE UNDER CHIP FOR PREGNANT defined in paragraph (2)(D)) or a State in
AND POSTPARTUM WOMEN.
plicate the treatment of COVID–19, if other- which there are no hospitals classified as
wise covered under the State child health (a) MODIFICATIONS TO COVERAGE.— rural under this section.’’.
(1) IN GENERAL.—Section 2107(e)(1) of the
plan (or waiver of such plan).’’. (b) WAIVING BUDGET NEUTRALITY.—Section
Social Security Act (42 U.S.C. 1397gg(e)(1)) is
(2) PROHIBITION OF COST SHARING.—Section 1886(d)(3)(E)(i) of the Social Security Act (42
amended—
2103(e)(2) of the Social Security Act (42 U.S.C. 1395ww(d)(3)(E)(i)) is amended, in the
(A) by redesignating subparagraphs (J)
U.S.C. 1397cc(e)(2)), as amended by section fifth sentence—
through (S) as subparagraphs (K) through
6004(b)(3) of the Families First Coronavirus (1) by striking ‘‘and the amendments’’ and
(T), respectively; and
Response Act, is amended— inserting ‘‘, the amendments’’; and
(B) by inserting after subparagraph (I) the
(A) in the paragraph header, by inserting following new subparagraph: (2) by inserting ‘‘, and the amendments
‘‘A COVID–19 VACCINE, COVID–19 TREATMENT,’’ ‘‘(J) Paragraphs (5) and (16) of section made by section 9831(a) of the American Res-
before ‘‘OR PREGNANCY-RELATED ASSISTANCE’’; 1902(e) (relating to the State option to pro- cue Plan Act of 2021’’ after ‘‘Care Act’’.
and vide medical assistance consisting of full SEC. 9832. SECRETARIAL AUTHORITY TO TEMPO-
(B) by striking ‘‘visits described in section benefits during pregnancy and throughout RARILY WAIVE OR MODIFY APPLICA-
1916(a)(2)(G), or’’ and inserting ‘‘services de- the 12-month postpartum period under title TION OF CERTAIN MEDICARE RE-
scribed in section 1916(a)(2)(G), vaccines de- QUIREMENTS WITH RESPECT TO AM-
XIX), if the State provides child health as- BULANCE SERVICES FURNISHED
scribed in section 1916(a)(2)(H) administered sistance for targeted low-income children DURING CERTAIN EMERGENCY PE-
during the period described in such section who are pregnant or to targeted low-income RIODS.
(and the administration of such vaccines), pregnant women and the State has elected to
testing or treatments described in section (a) WAIVER AUTHORITY.—Section 1135(b) of
apply such paragraph (16) with respect to the Social Security Act (42 U.S.C. 1320b–5(b))
1916(a)(2)(I) furnished during the period de- pregnant women under title XIX, the provi-
scribed in such section, or’’. is amended—
sion of assistance under the State child (1) in the first sentence—
(b) TEMPORARY INCREASE IN FEDERAL PAY- health plan or waiver for targeted low-in- (A) in paragraph (7), by striking ‘‘and’’ at
MENTS FOR COVERAGE AND ADMINISTRATION OF come children or targeted low-income preg- the end;
COVID–19 VACCINES.—Section 2105(c) of the nant women during pregnancy and the 12- (B) in paragraph (8), by striking the period
Social Security Act (42 U.S.C. 1397ee(c)) is month postpartum period shall be required at the end and inserting ‘‘; and’’; and
and not at the option of the State and shall (C) by inserting after paragraph (8) the fol-
amended by adding at the end the following
include coverage of all items or services pro- lowing new paragraph:
new paragraph: vided to a targeted low-income child or tar-
‘‘(12) TEMPORARY ENHANCED PAYMENT FOR ‘‘(9) any requirement under section
geted low-income pregnant woman (as appli- 1861(s)(7) or section 1834(l) that an ambulance
COVERAGE AND ADMINISTRATION OF COVID–19 cable) under the State child health plan or
VACCINES.—During the period described in service include the transport of an individual
waiver).’’. to the extent necessary to allow payment for
section 1905(hh)(2), notwithstanding sub- (2) OPTIONAL COVERAGE OF TARGETED LOW-
section (b), the enhanced FMAP for a State, ground ambulance services furnished in re-
INCOME PREGNANT WOMEN.—Section sponse to a 911 call (or the equivalent in
with respect to payments under subsection 2112(d)(2)(A) of the Social Security Act (42
(a) for expenditures under the State child areas without a 911 call system) in cases in
U.S.C. 1397ll(d)(2)(A)) is amended by insert- which an individual would have been trans-
health plan (or a waiver of such plan) for a ing after ‘‘60-day period’’ the following: ‘‘, or,
vaccine described in section 1905(a)(4)(E) (and ported to a destination permitted under
in the case that subparagraph (A) of section Medicare regulations (as described in section
the administration of such a vaccine), shall 1902(e)(16) applies to the State child health
be equal to 100 percent.’’. 410.40 to title 42, Code of Federal Regulations
plan (or waiver of such plan), pursuant to (or successor regulations)) but such trans-
(c) ADJUSTMENT OF CHIP ALLOTMENTS.— section 2107(e)(1), the 12-month period,’’. port did not occur as a result of community-
Section 2104(m) of the Social Security Act (b) EFFECTIVE DATE.—The amendments wide emergency medical service (EMS) pro-
made by subsection (a), shall apply with re-
(42 U.S.C. 1397dd(m)) is amended— tocols due to the public health emergency
spect to State elections made under para-
(1) in paragraph (2)(B), in the matter pre- described in subsection (g)(1)(B).’’; and
graph (16) of section 1902(e) of the Social Se-
ceding clause (i), by striking ‘‘paragraphs (5) (2) in the flush matter at the end, by add-
curity Act (42 U.S.C. 1396a(e)), as added by
and (7)’’ and inserting ‘‘paragraphs (5), (7), ing at the end the following: ‘‘Ground ambu-
section 9812(a) of subtitle J of this title, dur-
and (12)’’; and ing the 5-year period beginning on the 1st lance services for which payment is made
(2) by adding at the end the following new day of the 1st fiscal year quarter that begins pursuant to paragraph (9) shall be paid at the
paragraph: one year after the date of the enactment of base rate that would have been paid under
‘‘(12) ADJUSTING ALLOTMENTS TO ACCOUNT this Act. the fee schedule established under 1834(l) (ex-
FOR INCREASED FEDERAL PAYMENTS FOR COV- cluding any mileage payment) if the indi-
Subtitle L—Medicare
ERAGE AND ADMINISTRATION OF COVID–19 VAC- vidual had been so transported and, with re-
SEC. 9831. FLOOR ON THE MEDICARE AREA WAGE spect to ambulance services furnished by a
CINES.—If a State, commonwealth, or terri-
INDEX FOR HOSPITALS IN ALL-
tory receives payment for a fiscal year (be- URBAN STATES.
critical access hospital or an entity de-
ginning with fiscal year 2021) under sub- (a) IN GENERAL.—Section 1886(d)(3)(E) of scribed in paragraph (8) of such section, at
section (a) of section 2105 for expenditures the Social Security Act (42 U.S.C. the amount that otherwise would be paid
that are subject to the enhanced FMAP spec- 1395ww(d)(3)(E)) is amended— under such paragraph.’’.
ified under subsection (c)(12) of such section, (1) in clause (i), in the first sentence, by (b) EMERGENCY PERIOD EXCEPTION.—Sec-
the amount of the allotment determined for striking ‘‘or (iii)’’ and inserting ‘‘, (iii), or tion 1135(g)(1)(B) of the Social Security Act
the State, commonwealth, or territory under (iv)’’; and (42 U.S.C. 1320b–5(g)(1)(B)) is amended, in the
this subsection— (2) by adding at the end the following new matter preceding clause (i), by striking ‘‘sub-
‘‘(A) for such fiscal year shall be increased clause: section (b)(8)’’ and inserting ‘‘paragraphs (8)
by the projected expenditures for such year ‘‘(iv) FLOOR ON AREA WAGE INDEX FOR HOS- and (9) of subsection (b)’’.
by the State, commonwealth, or territory PITALS IN ALL-URBAN STATES.— SEC. 9833. FUNDING FOR OFFICE OF INSPECTOR
under the State child health plan (or a waiv- ‘‘(I) IN GENERAL.—For discharges occurring GENERAL.
er of such plan) for vaccines described in sec- on or after October 1, 2021, the area wage In addition to amounts otherwise avail-
tion 1905(a)(4)(E) (and the administration of index applicable under this subparagraph to able, there is appropriated to the inspector
such vaccines); and any hospital in an all-urban State (as defined general of the Department of Health and
‘‘(B) once actual expenditures are available in subclause (IV)) may not be less than the Human Services for fiscal year 2021, out of
in the subsequent fiscal year, the fiscal year minimum area wage index for the fiscal year any money in the Treasury not otherwise ap-
allotment that was adjusted by the amount for hospitals in that State, as established propriated, $5,000,000, to remain available
described in subparagraph (A) shall be ad- under subclause (II). until expended, for oversight of activities
justed on the basis of the difference be- ‘‘(II) MINIMUM AREA WAGE INDEX.—For pur- supported with funds appropriated to the De-
tween— poses of subclause (I), the Secretary shall es- partment of Health and Human Services to
‘‘(i) such projected amount of expenditures tablish a minimum area wage index for a fis- prevent, prepare for, and respond to
described in subparagraph (A) for such fiscal cal year for hospitals in each all-urban State coronavirus 2019 or COVID–19, domestically
year described in such subparagraph by the using the methodology described in section
SSpencer on DSK126QN23PROD with SENATE
or internationally.
State, commonwealth, or territory; and 412.64(h)(4)(vi) of title 42, Code of Federal
Subtitle M—Coronavirus State and Local
‘‘(ii) the actual amount of expenditures for Regulations, as in effect for fiscal year 2018.
Fiscal Recovery Funds
such fiscal year described in subparagraph ‘‘(III) WAIVING BUDGET NEUTRALITY.—Pur-
(A) by the State, commonwealth, or terri- suant to the fifth sentence of clause (i), this SEC. 9901. CORONAVIRUS STATE AND LOCAL FIS-
tory under the State child health plan (or clause shall not be applied in a budget neu- CAL RECOVERY FUNDS.
waiver of such plan) for vaccines described in tral manner. (a) IN GENERAL.—Title VI of the Social Se-
section 1905(a)(4)(E) (and the administration ‘‘(IV) ALL-URBAN STATE DEFINED.—In this curity Act (42 U.S.C. 801 et seq.) is amended
of such vaccines).’’. clause, the term ‘all-urban State’ means a by adding at the end the following:
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00075 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
S1112 CONGRESSIONAL RECORD — SENATE March 4, 2021
‘‘SEC. 602. CORONAVIRUS STATE FISCAL RECOV- of Columbia over the 3-month period ending or aid to impacted industries such as tour-
ERY FUND. with December 2020 bears to the average esti- ism, travel, and hospitality;
‘‘(a) APPROPRIATION.—In addition to mated number of seasonally-adjusted unem- ‘‘(B) for the provision of government serv-
amounts otherwise available, there is appro- ployed individuals in all of the 50 States and ices to the extent of the reduction in revenue
priated for fiscal year 2021, out of any money the District of Columbia over the same pe- of such State, territory, or Tribal govern-
in the Treasury not otherwise appropriated— riod. ment due to such emergency; or
‘‘(1) $219,800,000,000, to remain available ‘‘(C) PAYMENT.— ‘‘(C) to make necessary investments in
through December 31, 2024, for making pay- ‘‘(i) IN GENERAL.—Subject to clause (ii), the water, sewer, or broadband infrastructure.
ments under this section to States, terri- Secretary shall pay each of the 50 States and ‘‘(2) FURTHER RESTRICTION ON USE OF
tories, and Tribal governments to mitigate the District of Columbia, from the amount FUNDS.—
the fiscal effects stemming from the public reserved under subparagraph (A), the total of ‘‘(A) IN GENERAL.—A State or territory
health emergency with respect to the the amounts allocated for the State and Dis- shall not use the funds provided under this
Coronavirus Disease (COVID–19); and trict of Columbia under subparagraph (B) in section or transferred pursuant to section
‘‘(2) $50,000,000, to remain available until accordance with paragraph (6). 603(c)(4) to either directly or indirectly offset
expended, for the costs of the Secretary for ‘‘(ii) MINIMUM PAYMENT REQUIREMENT.— a reduction in the net tax revenue of such
administration of the funds established ‘‘(I) IN GENERAL.—The sum of— State or territory resulting from a change in
under this title. ‘‘(aa) the total amounts allocated for 1 of law, regulation, or administrative interpre-
‘‘(b) AUTHORITY TO MAKE PAYMENTS.— the 50 States or the District of Columbia tation during the covered period that re-
‘‘(1) PAYMENTS TO TERRITORIES.— under subparagraph (B) (as determined with-
‘‘(A) IN GENERAL.—The Secretary shall re- duces any tax (by providing for a reduction
out regard to this clause); and in a rate, a rebate, a deduction, a credit, or
serve $4,500,000,000 of the amount appro- ‘‘(bb) the amounts allocated under section
priated under subsection (a)(1) to make pay- otherwise) or delays the imposition of any
603 to the State (for distribution by the tax or tax increase.
ments to the territories. State to nonentitlement units of local gov-
‘‘(B) ALLOCATION.—Of the amount reserved ‘‘(B) PENSION FUNDS.—No State or territory
ernment in the State) and to metropolitan may use funds made available under this sec-
under subparagraph (A)— cities and counties in the State;
‘‘(i) 50 percent of such amount shall be al- tion for deposit into any pension fund.
shall not be less than the amount paid to the ‘‘(3) TRANSFER AUTHORITY.—A State, terri-
located by the Secretary equally to each ter- State or District of Columbia for fiscal year
ritory; and tory, or Tribal government receiving a pay-
2020 under section 601. ment from funds made available under this
‘‘(ii) 50 percent of such amount shall be al- ‘‘(II) PRO RATA ADJUSTMENT.—The Sec-
located by the Secretary as an additional section may transfer funds to a private non-
retary shall adjust on a pro rata basis the profit organization (as that term is defined
amount to each territory in an amount amount of the allocations for each of the 50
which bears the same proportion to 1⁄2 of the in paragraph (17) of section 401 of the McKin-
States and the District of Columbia deter- ney-Vento Homeless Assistance Act (42
total amount reserved under subparagraph mined under subparagraph (B)(iii) (without
(A) as the population of the territory bears U.S.C. 11360(17)), a Tribal organization (as
regard to this clause) to the extent necessary that term is defined in section 4 of the In-
to the total population of all such terri- to comply with the requirement of subclause
tories. dian Self-Determination and Education As-
(I).
‘‘(C) PAYMENT.—The Secretary shall pay sistance Act (25 U.S.C. 5304)), a public benefit
‘‘(4) PRO RATA ADJUSTMENT AUTHORITY.—
each territory the total of the amounts allo- corporation involved in the transportation of
The amounts otherwise determined for allo-
cated for the territory under subparagraph passengers or cargo, or a special-purpose
cation and payment under paragraphs (1), (2),
(B) in accordance with paragraph (6). unit of State or local government.
and (3) may be adjusted by the Secretary on
‘‘(2) PAYMENTS TO TRIBAL GOVERNMENTS.— a pro rata basis to the extent necessary to ‘‘(d) CERTIFICATIONS AND REPORTS.—
‘‘(A) IN GENERAL.—The Secretary shall re- ensure that all available funds are allocated ‘‘(1) IN GENERAL.—In order for a State or
serve $20,000,000,000 of the amount appro- to States, territories, and Tribal govern- territory to receive a payment under this
priated under subsection (a)(1) to make pay- ments in accordance with the requirements section, or a transfer of funds under section
ments to Tribal governments. specified in each such paragraph (as applica- 603(c)(4), the State or territory shall provide
‘‘(B) ALLOCATION.—Of the amount reserved ble). the Secretary with a certification, signed by
under subparagraph (A)— ‘‘(5) POPULATION DATA.—For purposes of de- an authorized officer of such State or terri-
‘‘(i) $1,000,000,000 shall be allocated by the termining allocations for a territory under tory, that such State or territory requires
Secretary equally among each of the Tribal this section, the population of the territory the payment or transfer to carry out the ac-
governments; and shall be determined based on the most recent tivities specified in subsection (c) of this sec-
‘‘(ii) $19,000,000,000 shall be allocated by the data available from the Bureau of the Cen- tion and will use any payment under this
Secretary to the Tribal governments in a sus. section, or transfer of funds under section
manner determined by the Secretary. ‘‘(6) TIMING.— 603(c)(4), in compliance with subsection (c) of
‘‘(C) PAYMENT.— The Secretary shall pay ‘‘(A) IN GENERAL.—To the extent prac- this section
each Tribal government the total of the ticable, with respect to each State and terri- ‘‘(2) REPORTING.—Any State, territory, or
amounts allocated for the Tribal government tory allocated a payment under this sub- Tribal government receiving a payment
under subparagraph (B) in accordance with section, the Secretary shall make the pay- under this section shall provide to the Sec-
paragraph (6). ment required for the State or territory not retary periodic reports providing a detailed
‘‘(3) PAYMENTS TO EACH OF THE 50 STATES later than 60 days after the date on which accounting of—
AND THE DISTRICT OF COLUMBIA.— the certification required under subsection ‘‘(A) the uses of funds by such State, terri-
‘‘(A) IN GENERAL.—The Secretary shall re- (d)(1) is provided to the Secretary. tory, or Tribal government, including, in the
serve $195,300,000,000 of the amount appro- ‘‘(B) TRIBAL GOVERNMENTS.—To the extent case of a State or a territory, all modifica-
priated under subsection (a)(1) to make pay- practicable, with respect to each Tribal gov- tions to the State’s or territory’s tax rev-
ments to each of the 50 States and the Dis- ernment for which an amount is allocated enue sources during the covered period; and
trict of Columbia. under this subsection, the Secretary shall ‘‘(B) such other information as the Sec-
‘‘(B) ALLOCATIONS.—Of the amount re- make the payment required for the Tribal retary may require for the administration of
served under subparagraph (A)— government not later than 60 days after the this section.
‘‘(i) $25,500,000,000 of such amount shall be date of enactment of this section. ‘‘(e) RECOUPMENT.—Any State, territory, or
allocated by the Secretary equally among ‘‘(C) INITIAL PAYMENT TO DISTRICT OF CO- Tribal government that has failed to comply
each of the 50 States and the District of Co- LUMBIA.—The Secretary shall pay the with subsection (c) shall be required to repay
lumbia; amount allocated under paragraph (3)(B)(ii) to the Secretary an amount equal to the
‘‘(ii) an amount equal to $1,250,000,000 less to the District of Columbia not later than 15 amount of funds used in violation of such
the amount allocated for the District of Co- days after the date of enactment of this sec- subsection, provided that, in the case of a
lumbia pursuant to section 601(c)(6) shall be tion. violation of subsection (c)(2)(A), the amount
allocated by the Secretary as an additional ‘‘(c) REQUIREMENTS.— the State or territory shall be required to
amount to the District of Columbia; and ‘‘(1) USE OF FUNDS.—Subject to paragraph repay shall be lesser of—
‘‘(iii) an amount equal to the remainder of (2), and except as provided in paragraph (3), ‘‘(1) the amount of the applicable reduction
the amount reserved under subparagraph (A) a State, territory, or Tribal government to net tax revenue attributable to such vio-
after the application of clauses (i) and (ii) of shall only use the funds provided under a lation; and
this subparagraph shall be allocated by the payment made under this section, or trans- ‘‘(2) the amount of funds received by such
SSpencer on DSK126QN23PROD with SENATE
Secretary as an additional amount to each of ferred pursuant to section 603(c)(4), to cover State or territory pursuant to a payment
the 50 States and the District of Columbia in costs incurred by the State, territory, or made under this section or a transfer made
an amount which bears the same proportion Tribal government, by December 31, 2024— under section 603(c)(4).
to such remainder as the average estimated ‘‘(A) to respond to the public health emer- ‘‘(f) REGULATIONS.—The Secretary shall
number of seasonally-adjusted unemployed gency with respect to the Coronavirus Dis- have the authority to issue such regulations
individuals (as measured by the Bureau of ease 2019 (COVID–19) or its negative eco- as may be necessary or appropriate to carry
Labor Statistics Local Area Unemployment nomic impacts, including assistance to out this section.
Statistics program) in the State or District households, small businesses, and nonprofits, ‘‘(g) DEFINITIONS.—In this section:
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00076 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1113
‘‘(1) COVERED PERIOD.—The term ‘covered ment in the State an amount that bears the ‘‘(A) AMOUNT.—From the amount appro-
period’ means, with respect to a State, terri- same proportion to the amount of such pay- priated under subsection (a), the Secretary
tory, or Tribal government, the period that— ment as the population of the nonentitle- shall reserve and allocate $60,100,000,000 of
‘‘(A) begins on March 3, 2021; and ment unit of local government bears to the such amount to make payments directly to
‘‘(B) ends on the last day of the fiscal year total population of all the nonentitlement counties in an amount which bears the same
of such State, territory, or Tribal govern- units of local government in the State, sub- proportion to the total amount reserved
ment in which all funds received by the ject to clause (iii). under this paragraph as the population of
State, territory, or Tribal government from ‘‘(ii) DISTRIBUTION OF FUNDS.— each such county bears to the total popu-
a payment made under this section or a ‘‘(I) EXTENSION FOR DISTRIBUTION.—If an lation of all such entities and shall pay such
transfer made under section 603(c)(4) have authorized officer of a State required to allocated amounts to such counties in ac-
been expended or returned to, or recovered make distributions under clause (i) certifies cordance with paragraph (7).
by, the Secretary. in writing to the Secretary before the end of ‘‘(B) SPECIAL RULES.—
‘‘(2) SECRETARY.—The term ‘Secretary’ the 30-day distribution period described in ‘‘(i) URBAN COUNTIES.—No county that is an
means the Secretary of the Treasury. such clause that it would constitute an ex- ‘urban county’ (as defined in section 102 of
‘‘(3) STATE.—The term ‘State’ means each cessive administrative burden for the State the Housing and Community Development
of the 50 States and the District of Columbia. to meet the terms of such clause with re- Act of 1974 (42 U.S.C. 5302)) shall receive less
‘‘(4) TERRITORY.—The term ‘territory’ spect to 1 or more such distributions, the au- than the amount the county would otherwise
means the Commonwealth of Puerto Rico, thorized officer may request, and the Sec- receive if the amount paid under this para-
the United States Virgin Islands, Guam, the retary shall grant, an extension of such pe- graph were allocated to metropolitan cities
Commonwealth of the Northern Mariana Is- riod of not more than 30 days to allow the and urban counties under section 106(b) of
lands, and American Samoa. State to make such distributions in accord- the Housing and Community Development
‘‘(5) TRIBAL GOVERNMENT.—The term ‘Trib- ance with clause (i). Act of 1974 (42 U.S.C. 5306(b)).
al Government’ means the recognized gov- ‘‘(II) ADDITIONAL EXTENSIONS.— ‘‘(ii) COUNTIES THAT ARE NOT UNITS OF GEN-
erning body of any Indian or Alaska Native ‘‘(aa) IN GENERAL.—If a State has been ERAL LOCAL GOVERNMENT.—In the case of an
tribe, band, nation, pueblo, village, commu- granted an extension to the distribution pe- amount to be paid to a county that is not a
nity, component band, or component res- riod under subclause (I) but is unable to unit of general local government, the
ervation, individually identified (including make all the distributions required under amount shall instead be paid to the State in
parenthetically) in the list published most clause (i) before the end of such period as ex- which such county is located, and such State
recently as of the date of enactment of this tended, an authorized officer of the State shall distribute such amount to each unit of
Act pursuant to section 104 of the Federally may request an additional extension of the general local government within such county
Recognized Indian Tribe List Act of 1994 (25 distribution period of not more than 30 days. in an amount that bears the same proportion
U.S.C. 5131). The Secretary may grant a request for an ad- to the amount to be paid to such county as
‘‘SEC. 603. CORONAVIRUS LOCAL FISCAL RECOV- ditional extension of such period only if— the population of such units of general local
ERY FUND. ‘‘(AA) the authorized officer making such government bears to the total population of
‘‘(a) APPROPRIATION.—In addition to request provides a written plan to the Sec- such county.
amounts otherwise available, there is appro- retary specifying, for each distribution for ‘‘(iii) DISTRICT OF COLUMBIA.—For purposes
priated for fiscal year 2021, out of any money which an additional extension is requested, of this paragraph, the District of Columbia
in the Treasury not otherwise appropriated, when the State expects to make such dis- shall be considered to consist of a single
$120,200,000,000, to remain available through tribution and the actions the State has county that is a unit of general local govern-
December 31, 2024, for making payments taken and will take in order to make all ment.
under this section to metropolitan cities, such distributions before the end of the dis- ‘‘(4) CONSOLIDATED GOVERNMENTS.—A unit
nonentitlement units of local government, tribution period (as extended under sub- of general local government that has formed
and counties to mitigate the fiscal effects clause (I) and this subclause); and a consolidated government, or that is geo-
stemming from the public health emergency ‘‘(BB) the Secretary determines that such graphically contained (in full or in part)
with respect to the Coronavirus Disease plan is reasonably designed to distribute all within the boundaries of another unit of gen-
(COVID–19). such funds to nonentitlement units of local eral local government may receive a dis-
‘‘(b) AUTHORITY TO MAKE PAYMENTS.— government by the end of the distribution tribution under each of paragraphs (1), (2),
‘‘(1) METROPOLITAN CITIES.— period (as so extended). and (3), as applicable, based on the respective
‘‘(A) IN GENERAL.—Of the amount appro- ‘‘(bb) FURTHER ADDITIONAL EXTENSIONS.—If formulas specified in such paragraphs.
priated under subsection (a), the Secretary a State granted an additional extension of ‘‘(5) PRO RATA ADJUSTMENT AUTHORITY.—
shall reserve $42,070,000,000 to make pay- the distribution period under item (aa) re- The amounts otherwise determined for allo-
ments to metropolitan cities. quires any further additional extensions of cation and payment under paragraphs (1), (2),
‘‘(B) ALLOCATION AND PAYMENT.—From the such period, the request only may be made and (3) may be adjusted by the Secretary on
amount reserved under subparagraph (A), the and granted subject to the requirements a pro rata basis to the extent necessary to
Secretary shall allocate and, in accordance specified in item (aa). ensure that all available funds are distrib-
with paragraph (7), pay to each metropolitan ‘‘(iii) CAPPED AMOUNT.—The total amount uted to metropolitan cities, counties, and
city an amount determined for the metro- distributed to a nonentitlement unit of local States in accordance with the requirements
politan city consistent with the formula government under this paragraph may not specified in each paragraph (as applicable)
under section 106(b) of the Housing and Com- exceed the amount equal to 75 percent of the and the certification requirement specified
munity Development Act of 1974 (42 U.S.C. most recent budget for the nonentitlement in subsection (d).
5306(b)), except that, in applying such for- unit of local government as of January 27, ‘‘(6) POPULATION.—For purposes of deter-
mula, the Secretary shall substitute ‘all 2020. mining allocations under this section, the
metropolitan cities’ for ‘all metropolitan ‘‘(iv) RETURN OF EXCESS AMOUNTS.—Any population of an entity shall be determined
areas’ each place it appears. amounts not distributed to a nonentitlement based on the most recent data are available
‘‘(2) NONENTITLEMENT UNITS OF LOCAL GOV- unit of local government as a result of the from the Bureau of the Census or, if not
ERNMENT.— application of clause (iii) shall be returned available, from such other data as a State
‘‘(A) IN GENERAL.—Of the amount appro- to the Secretary. determines appropriate.
priated under subsection (a), the Secretary ‘‘(D) PENALTY FOR NONCOMPLIANCE.—If, by ‘‘(7) TIMING.—
shall reserve $18,030,000,000 to make pay- the end of the 120-day period that begins on ‘‘(A) FIRST TRANCHE AMOUNT.—To the ex-
ments to States for distribution by the State the date a State receives a payment from the tent practicable, with respect to each metro-
to nonentitlement units of local government amount allocated under subparagraph (B) or, politan city for which an amount is allocated
in the State. if later, the last day of the distribution pe- under paragraph (1), each State for which an
‘‘(B) ALLOCATION AND PAYMENT.—From the riod for the State (as extended with respect amount is allocated under paragraph (2) for
amount reserved under subparagraph (A), the to the State under subparagraph (C)(ii)), distribution to nonentitlement units of local
Secretary shall allocate and, in accordance such State has failed to make all the dis- government, and each county for which an
with paragraph (7), pay to each State an tributions from such payment in accordance amount is allocated under paragraph (3), the
amount which bears the same proportion to with the terms of subparagraph (C) (includ- Secretary shall pay from such allocation the
such reserved amount as the total popu- ing any extensions of the distribution period First Tranche Amount for such city, State,
lation of all nonentitlement units of local granted in accordance with such subpara- or county not later than 60 days after the
government in the State bears to the total graph), an amount equal to the amount of date of enactment of this section.
SSpencer on DSK126QN23PROD with SENATE
population of all nonentitlement units of such payment that remains undistributed as ‘‘(B) SECOND TRANCHE AMOUNT.—The Sec-
local government in all such States. of such date shall be booked as a debt of such retary shall pay to each metropolitan city
‘‘(C) DISTRIBUTION TO NONENTITLEMENT State owed to the Federal Government, shall for which an amount is allocated under para-
UNITS OF LOCAL GOVERNMENT.— be paid back from the State’s allocation pro- graph (1), each State for which an amount is
‘‘(i) IN GENERAL.—Not later than 30 days vided under section 602(b)(3)(B)(iii), and shall allocated under paragraph (2) for distribu-
after a State receives a payment under sub- be deposited into the general fund of the tion to nonentitlement units of local govern-
paragraph (B), the State shall distribute to Treasury. ment, and each county for which an amount
each nonentitlement unit of local govern- ‘‘(3) COUNTIES.— is allocated under paragraph (3), the Second
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00077 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
S1114 CONGRESSIONAL RECORD — SENATE March 4, 2021
Tranche Amount for such city, State, or city, nonentitlement unit of local govern- State of Hawaii (in addition to the amount
county not earlier than 12 months after the ment, or county under this section have been paid to the State of Hawaii under subpara-
date on which the First Tranche Amount is expended or returned to, or recovered by, the graph (A)), of which—
paid to the city, State, or county. Secretary. ‘‘(i) not less than $50,000 shall be paid to
‘‘(c) REQUIREMENTS.— ‘‘(3) FIRST TRANCHE AMOUNT.—The term each Tribal government; and
‘‘(1) USE OF FUNDS.—Subject to paragraph ‘First Tranche Amount’ means, with respect ‘‘(ii) not less than $50,000 shall be paid to
(2), and except as provided in paragraphs (3) to each metropolitan city for which an the State of Hawaii for the exclusive use of
and (4), a metropolitan city, nonentitlement amount is allocated under subsection (b)(1), the Department of Hawaiian Home Lands
unit of local government, or county shall each State for which an amount is allocated and the Native Hawaiian Education Pro-
only use the funds provided under a payment under subsection (b)(2) for distribution to grams to assist Native Hawaiians in accord-
made under this section to cover costs in- nonentitlement units of local government, ance with this section.
curred by the metropolitan city, nonentitle- and each county for which an amount is allo- ‘‘(2) REMAINING AMOUNTS.—
ment unit of local government, or county, by cated under subsection (b)(3), 50 percent of ‘‘(A) IN GENERAL.—From the amount of the
December 31, 2024— the amount so allocated to such metropoli- appropriation under subsection (a) that re-
‘‘(A) to respond to the public health emer- tan city, State, or county (as applicable). mains after the application of paragraph (1),
gency with respect to the Coronavirus Dis- ‘‘(4) METROPOLITAN CITY.—The term ‘met- the Secretary shall make payments to
ease 2019 (COVID–19) or its negative eco- ropolitan city’ has the meaning given that States based on population such that—
nomic impacts, including assistance to term in section 102(a)(4) of the Housing and ‘‘(i) 50 percent of such amount shall be al-
households, small businesses, and nonprofits, Community Development Act of 1974 (42 located among the States based on the pro-
or aid to impacted industries such as tour- U.S.C. 5302(a)(4)) and includes cities that re- portion that the population of each State
ism, travel, and hospitality; linquish or defer their status as a metropoli- bears to the population of all States;
‘‘(B) for the provision of government serv- tan city for purposes of receiving allocations ‘‘(ii) 25 percent of such amount shall be al-
ices to the extent of the reduction in revenue under section 106 of such Act (42 U.S.C. 5306) located among the States based on the pro-
of such metropolitan city, nonentitlement for fiscal year 2021. portion that the number of individuals living
unit of local government, or county due to ‘‘(5) NONENTITLEMENT UNIT OF LOCAL GOV- in rural areas in each State bears to the
such emergency; or ERNMENT.—The term ‘nonentitlement unit of number of individuals living in rural areas in
‘‘(C) to make necessary investments in local government’ means a ‘city’, as that all States; and
water, sewer, or broadband infrastructure. term is defined in section 102(a)(5) of the ‘‘(iii) 25 percent of such amount shall be al-
‘‘(2) PENSION FUNDS.—No metropolitan Housing and Community Development Act of located among the States based on the pro-
city, nonentitlement unit of local govern- 1974 (42 U.S.C. 5302(a)(5))), that is not a met- portion that the number of individuals with
ment, or county may use funds made avail- ropolitan city. a household income that is below 150 percent
able under this section for deposit into any ‘‘(6) SECOND TRANCHE AMOUNT.—The term of the poverty line applicable to a family of
pension fund. ‘Second Tranche Amount’ means, with re- the size involved in each State bears to the
‘‘(3) TRANSFER AUTHORITY.—A metropolitan spect to each metropolitan city for which an number of such individuals in all States.
city, nonentitlement unit of local govern- amount is allocated under subsection (b)(1), ‘‘(B) DATA.—In determining the allocations
ment, or county receiving a payment from each State for which an amount is allocated to be made to each State under subparagraph
funds made available under this section may under subsection (b)(2) for distribution to (A), the Secretary of the Treasury shall use
transfer funds to a private nonprofit organi- nonentitlement units of local government, the most recent data available from the Bu-
zation (as that term is defined in paragraph and each county for which an amount is allo- reau of the Census.
(17) of section 401 of the McKinney-Vento cated under subsection (b)(3), an amount not ‘‘(c) TIMING.—The Secretary shall establish
Homeless Assistance Act (42 U.S.C. 11360(17)), to exceed 50 percent of the amount so allo- a process of applying for grants to access
a public benefit corporation involved in the cated to such metropolitan city, State, or funding made available under section (b) not
transportation of passengers or cargo, or a county (as applicable). later than 60 days after enactment of this
special-purpose unit of State or local govern- ‘‘(7) SECRETARY.—The term ‘Secretary’ section.
ment. means the Secretary of the Treasury. ‘‘(d) DEFINITIONS.—In this section:
‘‘(4) TRANSFERS TO STATES.—Notwith- ‘‘(8) STATE.—The term ‘State’ means each ‘‘(1) SECRETARY.—The term ‘Secretary’
standing paragraph (1), a metropolitan city, of the 50 States, the District of Columbia, means the Secretary of the Treasury.
nonentitlement unit of local government, or the Commonwealth of Puerto Rico, the ‘‘(2) STATE.—The term ‘State’ means 1 of
county receiving a payment from funds made United States Virgin Islands, Guam, the the 50 States.
available under this section may transfer Commonwealth of the Northern Mariana Is- ‘‘(3) TRIBAL GOVERNMENT.—The term ‘Trib-
such funds to the State in which such entity lands, and American Samoa. al government’ has the meaning given such
is located. ‘‘(9) UNIT OF GENERAL LOCAL GOVERNMENT.— term in section 603(g).’’.
‘‘(d) REPORTING.—Any metropolitan city, The term ‘unit of general local government’ (b) CONFORMING AMENDMENT.—The heading
nonentitlement unit of local government, or has the meaning given that term in section for title VI of the Social Security Act (42
county receiving funds provided under a pay- 102(a)(1) of the Housing and Community De- U.S.C. 801 et seq.) is amended by striking
ment made under this section shall provide velopment Act of 1974 (42 U.S.C. 5302(a)(1)). ‘‘FUND’’ and inserting ‘‘, FISCAL RECOV-
to the Secretary periodic reports providing a ‘‘SEC. 604. CORONAVIRUS CAPITAL PROJECTS ERY, AND CRITICAL CAPITAL PROJECTS
detailed accounting of the uses of such funds FUND. FUNDS’’.
by such metropolitan city, nonentitlement ‘‘(a) APPROPRIATION.—In addition to
Subtitle N—Other Provisions
unit of local government, or county and in- amounts otherwise available, there is appro-
cluding such other information as the Sec- priated for fiscal year 2021, out of any money SEC. 9911. FUNDING FOR PROVIDERS RELATING
TO COVID–19.
retary may require for the administration of in the Treasury not otherwise appropriated,
this section. $10,000,000,000, to remain available until ex- Part A of title XI of the Social Security
‘‘(e) RECOUPMENT.—Any metropolitan city, pended, for making payments to States, ter- Act (42 U.S.C. 1301 et seq.) is amended by
nonentitlement unit of local government, or ritories, and Tribal governments to carry adding at the end the following:
county that has failed to comply with sub- out critical capital projects directly ena- ‘‘SEC. 1150C. FUNDING FOR PROVIDERS RELAT-
section (c) shall be required to repay to the bling work, education, and health moni- ING TO COVID–19.
Secretary an amount equal to the amount of toring, including remote options, in response ‘‘(a) FUNDING.—In addition to amounts oth-
funds used in violation of such subsection. to the public health emergency with respect erwise available, there is appropriated to the
‘‘(f) REGULATIONS.—The Secretary shall to the Coronavirus Disease (COVID–19). Secretary, for fiscal year 2021, out of any
have the authority to issue such regulations ‘‘(b) PAYMENTS TO EACH OF THE 50 STATES monies in the Treasury not otherwise appro-
as may be necessary or appropriate to carry AND THE DISTRICT OF COLUMBIA.— priated, $8,500,000,000 for purposes of making
out this section. ‘‘(1) MINIMUM AMOUNTS.—From the amount payments to eligible health care providers
‘‘(g) DEFINITIONS.—In this section: appropriated under subsection (a)— for health care related expenses and lost rev-
‘‘(1) COUNTY.—The term ‘county’ means a ‘‘(A) the Secretary shall pay $100,000,000 to enues that are attributable to COVID–19.
county, parish, or other equivalent county each State; Amounts appropriated under the preceding
division (as defined by the Bureau of the ‘‘(B) the Secretary shall pay $100,000,000 to sentence shall remain available until ex-
Census). the Commonwealth of Puerto Rico and pended.
‘‘(2) COVERED PERIOD.—The term ‘covered $100,000,000 to the District of Columbia; ‘‘(b) SPECIAL RULE REGARDING PARENT OR-
period’ means, with respect to a metropoli- ‘‘(C) the Secretary shall pay $100,000,000 of GANIZATIONS.—In the case of any payment
SSpencer on DSK126QN23PROD with SENATE
tan city, nonentitlement unit of local gov- such amount in equal shares to the United made under this section to an eligible health
ernment, or county receiving funds under States Virgin Islands, Guam, American care provider, but which is received by a par-
this section, the period that— Samoa, the Commonwealth of the Northern ent organization of such provider, such par-
‘‘(A) begins on March 3, 2021; and Mariana Islands, the Republic of the Mar- ent organization shall allocate all of such
‘‘(B) ends on the last day of the fiscal year shall Islands, the Federated States of Micro- payment to such provider.
of the metropolitan city, nonentitlement nesia, and the Republic of Palau; and ‘‘(c) APPLICATION REQUIREMENT.—To be eli-
unit of local government, or county in which ‘‘(D) the Secretary shall pay $100,000,000 of gible for a payment under this section, an el-
all of the funds received by the metropolitan such amount to Tribal governments and the igible health care provider shall submit to
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00078 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1115
the Secretary an application in such form Human Services in June 2020, including the vent, prepare for, and respond to
and manner as the Secretary shall prescribe. difference between such provider’s budgeted coronavirus, which shall include a contribu-
Such application shall contain the following: and actual revenue if such budget had been tion to a multilateral vaccine development
‘‘(1) A statement justifying the need of the established and approved prior to March 27, partnership to support epidemic prepared-
provider for the payment, including docu- 2020. ness;
mentation of the health care related ex- ‘‘(4) PAYMENT.— The term ‘payment’ in- (2) $3,750,000,000 to be made available to the
penses attributable to COVID–19 and lost cludes, as determined appropriate by the Department of State to support programs for
revenues attributable to COVID–19. Secretary, a pre-payment, a prospective pay- the prevention, treatment, and control of
‘‘(2) The tax identification number of the ment, a retrospective payment, or a payment HIV/AIDS in order to prevent, prepare for,
provider. through a grant or other mechanism. and respond to coronavirus, including to
‘‘(3) Such assurances as the Secretary de- ‘‘(5) RURAL AREA.—The term ‘rural area’ mitigate the impact on such programs from
termines appropriate that the eligible health means— coronavirus and support recovery from the
care provider will maintain and make avail- ‘‘(A) a rural area (as defined in section impacts of the coronavirus, of which not less
able such documentation and submit such re- 1886(d)(2)(D)); or than $3,500,000,000 shall be for a United
ports (at such time, in such form, and con- ‘‘(B) any other rural area (as defined by the States contribution to the Global Fund to
taining such information as the Secretary Secretary).’’. Fight AIDS, Tuberculosis and Malaria;
shall prescribe) as the Secretary determines SEC. 9912. EXTENSION OF CUSTOMS USER FEES. (3) $3,090,000,000 to be made available to the
is necessary to ensure compliance with any (a) IN GENERAL.—Section 13031(j)(3) of the United States Agency for International De-
conditions imposed by the Secretary under Consolidated Omnibus Budget Reconciliation velopment to prevent, prepare for, and re-
this section. Act of 1985 (19 U.S.C. 58c(j)(3)) is amended— spond to coronavirus, which shall include
‘‘(4) Any other information determined ap- (1) in subparagraph (A), by striking ‘‘Octo- support for international disaster relief, re-
propriate by the Secretary. ber 21, 2029’’ and inserting ‘‘September 30, habilitation, and reconstruction, for health
‘‘(d) LIMITATION.—Payments made to an el- activities, and to meet emergency food secu-
2030’’; and
igible health care provider under this section rity needs; and
(2) in subparagraph (B)(i), by striking ‘‘Oc-
may not be used to reimburse any expense or (4) $930,000,000 to be made available to pre-
tober 21, 2029’’ and inserting ‘‘September 30,
loss that—
2030’’. vent, prepare for, and respond to
‘‘(1) has been reimbursed from another
(b) RATE FOR MERCHANDISE PROCESSING coronavirus, which shall include activities to
source; or
FEES.—Section 503 of the United States- address economic and stabilization require-
‘‘(2) another source is obligated to reim-
Korea Free Trade Agreement Implementa- ments resulting from such virus.
burse. (b) WAIVER OF LIMITATION.—Any contribu-
‘‘(e) APPLICATION OF REQUIREMENTS, RULES, tion Act (Public Law 112–41; 19 U.S.C. 3805
note) is amended by striking ‘‘October 21, tion to the Global Fund to Fight AIDS, Tu-
AND PROCEDURES.—The Secretary shall apply
2029’’ and inserting ‘‘September 30, 2030’’. berculosis and Malaria made pursuant to
any requirements, rules, or procedures as the
TITLE X—COMMITTEE ON FOREIGN subsection (a)(2) shall be made available not-
Secretary deems appropriate for the efficient
RELATIONS withstanding section 202(d)(4)(A)(i) of the
execution of this section.
‘‘(f) DEFINITIONS.—In this section: United States Leadership Against HIV/AIDS,
SEC. 10001. DEPARTMENT OF STATE OPER-
‘‘(1) ELIGIBLE HEALTH CARE PROVIDER.—The ATIONS. Tuberculosis, and Malaria Act of 2003 (22
term ‘eligible health care provider’ means— In addition to amounts otherwise avail- U.S.C. 7622(d)(4)(A)(i)), and such contribution
‘‘(A) a provider of services (as defined in able, there is authorized and appropriated to shall not be considered a contribution for the
section 1861(u)) or a supplier (as defined in the Secretary of State for fiscal year 2021, purpose of applying such section
section 1861(d)) that— out of any money in the Treasury not other- 202(d)(4)(A)(i).
‘‘(i) is enrolled in the Medicare program SEC. 10004. HUMANITARIAN RESPONSE.
wise appropriated, $204,000,000, to remain
under title XVIII under section 1866(j), in- available until September 30, 2022, for nec- (a) IN GENERAL.—In addition to amounts
cluding temporarily enrolled during the essary expenses of the Department of State otherwise available, there is authorized and
emergency period described in section to carry out the authorities, functions, du- appropriated to the Secretary of State for
1135(g)(1)(B) for such period; ties, and responsibilities in the conduct of fiscal year 2021, out of any money in the
‘‘(ii) provides diagnoses, testing, or care for the foreign affairs of the United States, to Treasury not otherwise appropriated,
individuals with possible or actual cases of prevent, prepare for, and respond to $500,000,000, to remain available until Sep-
COVID–19; and coronavirus domestically or internationally, tember 30, 2022, to carry out the provisions of
‘‘(iii) is located in a rural area or treated which shall include maintaining Department section 2(a) and (b) of the Migration and Ref-
as located in a rural area pursuant to section of State operations. ugee Assistance Act of 1962 (22 U.S.C. 2601(a)
1886(d)(8)(E); or SEC. 10002. UNITED STATES AGENCY FOR INTER-
and (b)) to prevent, prepare for, and respond
‘‘(B) a provider or supplier that— NATIONAL DEVELOPMENT OPER- to coronavirus.
‘‘(i) is enrolled with a State Medicaid plan ATIONS. (b) USE OF FUNDS.—Funds appropriated
under title XIX (or a waiver of such plan) in In addition to amounts otherwise avail- pursuant to this section shall not be made
accordance with subsections (a)(77) and (kk) able, there is authorized and appropriated to available for the costs of resettling refugees
of section 1902 (including enrolled pursuant the Administrator of the United States in the United States.
Agency for International Development for SEC. 10005. MULTILATERAL ASSISTANCE.
to section 1902(a)(78) or section 1932(d)(6)) or
enrolled with a State child health plan under fiscal year 2021, out of any money in the In addition to amounts otherwise avail-
title XXI (or a waiver of such plan) in ac- Treasury not otherwise appropriated, able, there is authorized and appropriated to
cordance with subparagraph (G) of section $41,000,000, to remain available until Sep- the Secretary of State for fiscal year 2021,
2107(e)(1) (including enrolled pursuant to sub- tember 30, 2022, to carry out the provisions of out of any money in the Treasury not other-
paragraph (D) or (Q) of such section); section 667 of the Foreign Assistance Act of wise appropriated, $580,000,000, to remain
‘‘(ii) provides diagnoses, testing, or care for 1961 (22 U.S.C. 2427) for necessary expenses of available until September 30, 2022, to carry
individuals with possible or actual cases of the United States Agency for International out the provisions of section 301(a) of the
COVID–19; and Development to prevent, prepare for, and re- Foreign Assistance Act of 1961 (22 U.S.C.
‘‘(iii) is located in a rural area. spond to coronavirus domestically or inter- 2221(a)) to prevent, prepare for, and respond
‘‘(2) HEALTH CARE RELATED EXPENSES AT- nationally, and for other operations and to coronavirus, which shall include support
TRIBUTABLE TO COVID–19.—The term ‘health maintenance requirements related to for the priorities and objectives of the
care related expenses attributable to COVID– coronavirus. United Nations Global Humanitarian Re-
19’ means health care related expenses to SEC. 10003. GLOBAL RESPONSE. sponse Plan COVID–19 through voluntary
prevent, prepare for, and respond to COVID– (a) IN GENERAL.—In addition to amounts contributions to international organizations
19, including the building or construction of otherwise available, there is authorized and and programs administered by such organi-
a temporary structure, the leasing of a prop- appropriated to the Secretary of State for zations.
erty, the purchase of medical supplies and fiscal year 2021, out of any money in the TITLE XI—COMMITTEE ON INDIAN
equipment, including personal protective Treasury not otherwise appropriated, AFFAIRS
equipment and testing supplies, providing for $8,675,000,000, to remain available until Sep- SEC. 11001. INDIAN HEALTH SERVICE.
increased workforce and training, including tember 30, 2022, for necessary expenses to (a) In addition to amounts otherwise avail-
maintaining staff, obtaining additional staff, carry out the provisions of section 531 of able, there is appropriated to the Secretary
or both, the operation of an emergency oper- chapter 4 of part II of the Foreign Assistance of Health and Human Services (in this sec-
SSpencer on DSK126QN23PROD with SENATE
ation center, retrofitting a facility, pro- Act of 1961 (22 U.S.C. 2346) as health pro- tion referred to as the ‘‘Secretary’’) for fiscal
viding for surge capacity, and other expenses grams to prevent, prepare for, and respond to year 2021, out of any money in the Treasury
determined appropriate by the Secretary. coronavirus, which shall include recovery not otherwise appropriated, $6,094,000,000, to
‘‘(3) LOST REVENUE ATTRIBUTABLE TO COVID– from the impacts of such virus and shall be remain available until expended, of which—
19.—The term ‘lost revenue attributable to allocated as follows— (1) $5,484,000,000 shall be for carrying out
COVID–19’ has the meaning given that term (1) $905,000,000 to be made available to the the Act of August 5, 1954 (42 U.S.C. 2001 et
in the Frequently Asked Questions guidance United States Agency for International De- seq.) (commonly referred to as the Transfer
released by the Department of Health and velopment for global health activities to pre- Act), the Indian Self-Determination and
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00079 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
S1116 CONGRESSIONAL RECORD — SENATE March 4, 2021
Education Assistance Act (25 U.S.C. 5301 et shall be available on a one-time basis. Such available under subparagraph (B) may be
seq.), the Indian Health Care Improvement non-recurring funds shall not be part of the used to provide rental assistance to eligible
Act (25 U.S.C. 1601 et seq.), and titles II and amount required by section 106 of the Indian Native Hawaiian families both on and off the
III of the Public Health Service Act (42 Self-Determination and Education Assist- Hawaiian Home Lands.
U.S.C. 201 et seq. and 241 et seq.) with respect ance Act (25 U.S.C. 5325), and such funds (D) TIMING OF OBLIGATIONS.—Amounts
to the Indian Health Service, of which— shall only be used for the purposes identified made available under this paragraph shall be
(A) $2,000,000,000 shall be for lost reim- in this section. used, as necessary, to cover or reimburse al-
bursements, in accordance with section 207 SEC. 11002. BUREAU OF INDIAN AFFAIRS. lowable costs to prevent, prepare for, and re-
of the Indian Health Care Improvement Act (a) IN GENERAL.—In addition to amounts spond to coronavirus that are incurred by a
(25 U.S.C. 1621f); otherwise made available, there is appro- recipient, including for costs incurred after
(B) $500,000,000 shall be for the provision of priated for fiscal year 2021, out of any money January 21, 2020.
additional health care services, services pro- in the Treasury not otherwise appropriated, (E) WAIVERS OR ALTERNATIVE REQUIRE-
vided through the Purchased/Referred Care $900,000,000 to remain available until ex- MENTS.—The Secretary may waive or specify
program, and other related activities; pended, pursuant to the Snyder Act (25 alternative requirements for any provision of
(C) $140,000,000 shall be for information U.S.C. 13), of which— NAHASDA (25 U.S.C. 4101 et seq.) or regula-
technology, telehealth infrastructure, and (1) $100,000,000 shall be for Tribal housing tion applicable to the Native American
the Indian Health Service electronic health improvement; Housing Block Grants or Native Hawaiian
records system; (2) $772,500,000 shall be for Tribal govern- Housing Block Grant program other than re-
(D) $84,000,000 shall be for maintaining op- ment services, public safety and justice, so- quirements related to fair housing, non-
erations of the Urban Indian health program, cial services, child welfare assistance, and discrimination, labor standards, and the en-
which shall be in addition to other amounts for other related expenses; vironment, upon a finding that the waiver or
made available under this subsection for (3) $7,500,000 shall be for related Federal ad- alternative requirement is necessary to ex-
Urban Indian organizations (as defined in ministrative costs and oversight; and pedite or facilitate the use of amounts made
section 4 of the Indian Health Care Improve- (4) $20,000,000 shall be to provide and de- available under this paragraph.
ment Act (25 U.S.C. 1603)); liver potable water. (F) UNOBLIGATED AMOUNTS.—Amounts
(E) $600,000,000 shall be for necessary ex- (b) EXCLUSIONS FROM CALCULATION.—Funds made available under this paragraph which
penses to plan, prepare for, promote, dis- appropriated under subsection (a) shall be are not accepted, are voluntarily returned,
tribute, administer, and track COVID–19 vac- excluded from the calculation of funds re- or otherwise recaptured for any reason shall
cines, for the purposes described in subpara- ceived by those Tribal governments that par- be used to fund grants under paragraph (2).
graphs (F) and (G), and for other vaccine-re- ticipate in the ‘‘Small and Needy’ ’’ program. (2) INDIAN COMMUNITY DEVELOPMENT BLOCK
lated activities; (c) ONE-TIME BASIS FUNDS.—Funds made GRANTS.—$280,000,000 shall be available for
(F) $1,500,000,000 shall be for necessary ex- available under subsection (a) to Tribes and grants under title I of the Housing and Com-
penses to detect, diagnose, trace, and mon- Tribal organizations under the Indian Self- munity Development Act of 1974, subject to
itor COVID–19 infections, activities nec- Determination and Education Assistance Act the following terms and conditions:
essary to mitigate the spread of COVID–19, (25 U.S.C. 5301 et seq.) shall be available on a (A) USE.—Amounts made available under
supplies necessary for such activities, for the one-time basis. Such non-recurring funds this paragraph shall be used, without com-
purposes described in subparagraphs (E) and shall not be part of the amount required by petition, for emergencies that constitute im-
(G), and for other related activities; section 106 of the Indian Self-Determination minent threats to health and safety and are
(G) $240,000,000 shall be for necessary ex- and Education Assistance Act (25 U.S.C. designed to prevent, prepare for, and respond
penses to establish, expand, and sustain a 5325), and such funds shall only be used for to coronavirus.
public health workforce to prevent, prepare the purposes identified in this section. (B) PLANNING.—Not to exceed 20 percent of
for, and respond to COVID–19, other public any grant made with funds made available
SEC. 11003. HOUSING ASSISTANCE AND SUP-
health workforce-related activities, for the PORTIVE SERVICES PROGRAMS FOR under this paragraph shall be expended for
purposes described in subparagraphs (E) and NATIVE AMERICANS. planning and management development and
(F), and for other related activities; and (a) APPROPRIATION.—In addition to administration.
(H) $420,000,000 shall be for necessary ex- amounts otherwise available, there is appro- (C) TIMING OF OBLIGATIONS.—Amounts
penses related to mental health and sub- priated to the Secretary of Housing and made available under this paragraph shall be
stance use prevention and treatment serv- Urban Development (in this section referred used, as necessary, to cover or reimburse al-
ices, for the purposes described in subpara- to as the ‘‘Secretary’’) for fiscal year 2021, lowable costs to prevent, prepare for, and re-
graph (C) and paragraph (2) as related to out of any money in the Treasury not other- spond to coronavirus incurred by a recipient,
mental health and substance use prevention wise appropriated, $750,000,000, to remain including for costs incurred after January 21,
and treatment services, and for other related available until September 30, 2025, to pre- 2020.
activities; vent, prepare for, and respond to (D) INAPPLICABILITY OF PUBLIC SERVICES
(2) $600,000,000 shall be for the lease, pur- coronavirus, for activities and assistance au- CAP.—Indian tribes may use up to 100 percent
chase, construction, alteration, renovation, thorized under title I of the Native American of any grant from amounts made available
or equipping of health facilities to respond to Housing Assistance and Self-Determination under this paragraph for public services ac-
COVID–19, and for maintenance and improve- Act of 1996 (NAHASDA) (25 U.S.C. 4111 et tivities to prevent, prepare for, and respond
ment projects necessary to respond to seq.), under title VIII of NAHASDA (25 U.S.C. to coronavirus.
COVID–19 under section 7 of the Act of Au- 4221 et seq.), and under section 106(a)(1) of (E) WAIVERS OR ALTERNATIVE REQUIRE-
gust 5, 1954 (42 U.S.C. 2004a), the Indian Self- the Housing and Community Development MENTS.—The Secretary may waive or specify
Determination and Education Assistance Act Act of 1974 with respect to Indian tribes (42 alternative requirements for any provision of
(25 U.S.C. 5301 et seq.), the Indian Health U.S.C. 5306(a)(1)), which shall be made avail- title I of the Housing and Community Devel-
Care Improvement Act (25 U.S.C. 1601 et able as follows: opment Act of 1974 (42 U.S.C. 5301 et seq.) or
seq.), and titles II and III of the Public (1) HOUSING BLOCK GRANTS.—$455,000,000 regulation applicable to the Indian Commu-
Health Service Act (42 U.S.C. 202 et seq.) shall be available for the Native American nity Development Block Grant program
with respect to the Indian Health Service; Housing Block Grants and Native Hawaiian other than requirements related to fair hous-
and Housing Block Grant programs, as author- ing, nondiscrimination, labor standards, and
(3) $10,000,000 shall be for carrying out sec- ized under titles I and VIII of NAHASDA, the environment, upon a finding that the
tion 7 of the Act of August 5, 1954 (42 U.S.C. subject to the following terms and condi- waiver or alternative requirement is nec-
2004a) for expenses relating to potable water tions: essary to expedite or facilitate the use of
delivery. (A) FORMULA.—Of the amounts made avail- amounts made available under this para-
(b) Funds appropriated by subsection (a)
able under this paragraph, $450,000,000 shall graph.
shall be made available to restore amounts,
either directly or through reimbursement, be for grants under title I of NAHASDA and (3) TECHNICAL ASSISTANCE.—$10,000,000 shall
for obligations for the purposes specified in shall be distributed according to the same be used to make new awards or increase
this section that were incurred to prevent, funding formula used in fiscal year 2021. prior awards to existing technical assistance
prepare for, and respond to COVID–19 during (B) NATIVE HAWAIIANS.—Of the amounts providers to provide an immediate increase
the period beginning on the date on which made available under this paragraph, in training and technical assistance to In-
the public health emergency was declared by $5,000,000 shall be for grants under title VIII dian tribes, Indian housing authorities, trib-
of NAHASDA. ally designated housing entities, and recipi-
SSpencer on DSK126QN23PROD with SENATE
the Secretary on January 31, 2020, pursuant
to section 319 of the Public Health Service (C) USE.—Amounts made available under ents under title VIII of NAHASDA for activi-
Act (42 U.S.C. 247d) with respect to COVID–19 this paragraph shall be used by recipients to ties under this section.
and ending on the date of the enactment of prevent, prepare for, and respond to (4) OTHER COSTS.—$5,000,000 shall be used
this Act. coronavirus, including to maintain normal for the administrative costs to oversee and
(c) Funds made available under subsection operations and fund eligible affordable hous- administer the implementation of this sec-
(a) to Tribes and Tribal organizations under ing activities under NAHASDA during the tion, and pay for associated information
the Indian Self-Determination and Edu- period that the program is impacted by technology, financial reporting, and other
cation Assistance Act (25 U.S.C. 5301 et seq.) coronavirus. In addition, amounts made costs.
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00080 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1117
SEC. 11004. COVID–19 RESPONSE RESOURCES FOR John Laird of Liberty County. John sexually active. Better protect themselves
THE PRESERVATION AND MAINTE- by using birth control methods and using
NANCE OF NATIVE AMERICAN LAN- embodies the American dream and ex-
hibits strong Montana values. condoms so they don’t contract sexually
GUAGES.
transmitted infections (STI).
(a) Section 816 of the Native American Pro- In 1887, John’s ancestors came to In a quiet room filled with my fellow sen-
grams Act of 1974 (42 U.S.C. 2992d) is amend- America from Scotland looking for a iors, I broke the silence with a question.
ed by adding at the end the following: better life. John’s ancestors home- ‘‘Where did you guys learn about sex?’’ It
‘‘(f) In addition to amounts otherwise
available, there is appropriated for fiscal
steaded in the Sweet Grass Hills region was revealed that most had obtained the in-
that surrounds present day Chester, formation by either using sources like google
year 2021, out of any money in the Treasury
MT. They built a large sheep farm and or from their peers, but we have school to
not otherwise appropriated, $20,000,000 to re-
teach us right? In high school, it is expected
main available until expended, to carry out broke horses for the Canadian Guards.
section 803C(g) of this Act.’’. that you learn about these topics but in this
Farming is hard work and not for the generation, kids are starting to explore at a
(b) Section 803C of the Native American faint of heart, but John’s family per-
Programs Act of 1974 (42 U.S.C. 2991b-3) is much younger age, the earliest being the
amended by adding at the end the following:
severed. start of middle school.
‘‘(g) EMERGENCY GRANTS FOR NATIVE AMER- The land was passed down from gen- Not all states are required to teach sex
ICAN LANGUAGE PRESERVATION AND MAINTE- eration to generation. John is a proud education in a structure way. Some states,
NANCE.—Not later than 180 days after the ef- wheat farmer of those hills today, mov- such as Alabama and Arizona, don’t even
fective date of this subsection, the Secretary teach the subject at all. They preach absti-
ing the same rocks as his great-great- nence to their students and tell them to wait
shall award grants to entities eligible to re- grandfathers did. John and his wife,
ceive assistance under subsection (a)(1) to till marriage to have intercourses. Schools
ensure the survival and continuing vitality
Rita, raised their three children, Cory, should teach safe sex and ways on how to
of Native American languages during and Heather, and Mitchell, on this land. All prevent STIs. Schools should talk about dif-
after the public health emergency declared three of their children attended Mon- ferent types of birth control that are avail-
by the Secretary pursuant to section 319 of tana schools and universities and have able. It’s also important to include informa-
the Public Health Service Act (42 U.S.C. gone on to start families of their own. tion for students with different sexuality. In
247d) with respect to the COVID–19 pan- a video by Above the Noise, ‘‘Sex education
The Laird family story highlights the in America: The good, The bad, and The
demic.’’.
agricultural history of Montana, and ugly’’, high school students shared their
SEC. 11005. BUREAU OF INDIAN EDUCATION.
In addition to amounts otherwise avail-
the tenacity and legacy of those who thoughts on the current Sex Education. One
able, there is appropriated to the Bureau of immigrated to the United States seek- student talked about how it doesn’t include
Indian Education for fiscal year 2021, out of ing to create a better life. It is my people in the LGBTQIA+ community. School
any money in the Treasury not otherwise ap- honor to recognize John Laird as a suc- needs to provide to students that have dif-
propriated, $850,000,000, to remain available cessful farmer and father and for lead- ferent sexuality, they shound teach sex be-
until expended, to be allocated by the Direc- tween non heterosexual people as well. It’s
ing a life that represents everything
tor of the Bureau of Indian Education not very important to help kids understand safe-
Montanans hold dear.∑ ty no matter their sexual orientation.
more than 45 calendar days after the date of
enactment of this Act, for programs or ac- f The topic of sex should be normalized and
tivities operated or funded by the Bureau of talked more about to people at a very young
Indian Education, for Bureau-funded schools VERMONT STATE OF THE UNION age. To help kids understand the changes in
(as defined in section 1141(3) of the Education ESSAY CONTEST FINALISTS their body and explore their sexuality. Par-
Amendments of 1978 (25 U.S.C. 2021(3)), and ents should have conversations about sex
∑ Mr. SANDERS. Madam President, I and the human body to their kids. School
for Tribal Colleges or Universities (as de-
fined in section 316(b)(3) of the Higher Edu-
ask to have printed in the RECORD should include people with different sexu-
cation Act of 1965 (20 U.S.C. 1059c(b)(3))). some of the finalists’ essays written by ality. If we do these things, teenager would
SEC. 11006. AMERICAN INDIAN, NATIVE HAWAI- Vermont High School students as part have the knowledge and ability to protect
IAN, AND ALASKA NATIVE EDU- of the 11th annual ‘‘State of the Union’’ themselves and weigh their options when it
CATION. essay contest conducted by my office. come to safe sex.
In addition to amounts otherwise avail- The material follows: KADA ORLOW, BURLINGTON HIGH SCHOOL,
able, there is appropriated to the Depart- FRESHMAN
ment of Education for fiscal year 2021, out of FINALISTS
My sister and I were very little when my
any money in the Treasury not otherwise ap- EH KA LUU, WINOOSKI HIGH SCHOOL, SENIOR
mom became our only parent. She was all by
propriated, $190,000,000, to remain available ‘‘Don’t hold a guy’s hand; you’ll get preg- herself, with no ‘‘safety net’’, as she calls it.
until expended, for awards, which shall be nant,’’ my mom informed me as I sat on the We were left with nothing but each other.
determined by the Secretary of Education toilet, looking at the well wrapped square. I She struggled with lack of money, food scar-
not more than 180 calendar days after the engraved those words in my mind. My whole city, and sometimes there were issues with
date of enactment of this Act, of which— 6th grade year, I avoided the hands of the op- places to live. As I grew older, I began to see
(1) $20,000,000 shall be for awards for Tribal posite gender, by keeping my hands in the the struggles that not only my mom, but
education agencies for activities authorized pocket of my hoodie due to my moms version many other families face when trying to
under section 6121(c) of the Elementary and of sex education. Yet, in seventh grade I had raise a family and dig themselves out of a
Secondary Education Act of 1965 (20 U.S.C. Health class, where curiosity got the best of hole. I’ve listened to my mom explain to me
7441(c)); me. many times, how impossible it is for one per-
(2) $85,000,000 shall be for awards to entities ‘‘Mrs- where do babies come from?’’ I son to raise a family, to have to be in two
eligible to receive grants under section looked up and back down, she smiled and ex- places at once, while trying to get us off to
6205(a)(1) of the Elementary and Secondary plained everything to me, this was where daycare or school, and to try and hold down
Education Act of 1965 (20 U.S.C. 7515(a)(1)) for things started to make sense. I realized that a regular job (no longer a career as she may
activities authorized under section 6205(a)(3) I’ve been lied to by my own mother. I had have had long before), and to just keep going
of the Elementary and Secondary Education questions. ‘‘Why do some parents avoid such no matter what, because you can’t stop.
Act of 1965 (20 U.S.C. 7515(a)(3)); and topic?’’ and ‘‘why do schools not teach prop- Stopping or resting is never an option. Some
(3) $85,000,000 shall be for awards to entities er sex education?’’ In this essay, I’m going to of the issues that my mom recently was
eligible to receive grants under section address the need for parents to educate their asked to speak about at a press conference
6304(a)(1) of the Elementary and Secondary kids. Schools teaching students about sex have to do with exactly that. My mom spoke
Education Act of 1965 of 1965 (20 U.S.C. and being welcoming to every gender. for, and represented those people, that typi-
7544(a)(1)) for activities authorized under sec- I think Sexual education should be taught cally are not heard; the single parents and
tion 6304(a)(2-3) of the Elementary and Sec- at a very early age. Most kids start to get the sole parents. She offered solutions that
ondary Education Act of 1965 (20 U.S.C. sexually actively around middle school. In would help make things easier, better for
7544(a)(2-3)) and other related activities. my research on ‘‘Sex Positive Families’’, I others, if only they could be put into prac-
f found that most parents think that if they tice everyone would benefit. Now, it is my
talk to their kids about such a topic, their turn to speak up for an issue I believe needs
MORNING BUSINESS
kids will wanna do it. However, this proves to be addressed in our society.
SSpencer on DSK126QN23PROD with SENATE
to be incorrect as most of the time, kids will The system itself for single mothers is like
consider the options and pause on their sex- quicksand, it doesn’t matter how hard you
ADDITIONAL STATEMENTS
ual activity. Parents need to start normal- try, you just get exhausted. You will never
izing sex and understand that its an act that get out of it, but you just keep pushing. My
will be committed, one day. If youth are mom resigned her promotion and went back
TRIBUTE TO JOHN LAIRD
given the accurate information they will bet- to working part-time so that she and her
∑ Mr. DAINES. Madam President, this ter protect themselves. In my research kids family could survive. This shows that par-
week I have the honor of recognizing who understand the consequences of being ents are forced to practically choose between
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00081 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.008 S04MRPT1
S1118 CONGRESSIONAL RECORD — SENATE March 4, 2021
providing for their children, and being with mon among ages fifteen to nineteen. Addi- vestment to North Carolina. These suc-
them. With no other options, parents are tionally, data from the Centers for Disease cesses were in no small part due to
prevented from raising their children, just so Control and Prevention explains that there Sam and his tireless leadership and ad-
they don’t lose the benefits for their kids. was a thirty percent increase in suicides
vocacy.
Even when single parents work, the wages from years 2000 to 2016. This illuminates that
are not enough to support a family. Working ignoring the mental health of America’s
Sam was one of the founders of NC
full-time for $10 an hour is only about $19,000 youth puts their safety and lives in jeopardy. BIO in 1994, long before most people
a year. This fact explains many single par- In order to solve this problem, it is vital grasped the industry’s potential. His
ents’ realities that are never ending. Min- that funding for mental health education advocacy in the business community,
imum wage jobs do not pay enough to sup- programs and support services are increased. in Raleigh, in Washington, and around
port a family. However, single parents can The Journal of Adolescent Health identifies the world made a huge difference.
prevail. My mom shared that ‘‘The single ‘‘insurance restrictions, poor funding, and Whether promoting our world-class
moms I know are some of the most mentally- low priorities for resources’’ as the ‘‘key ob-
stacles’’ preventing teenagers from seeking
universities, our startups, or more es-
strong people I’ve ever met, and no matter
what, they prevail.’’ This piece of evidence necessary help. A widespread lack of edu- tablished companies, Sam was always
shows that there is no option to give up, you cation regarding mental health also contrib- there with the facts, the vision, and
have to keep pushing no matter what the cir- utes to this problem, says The American the sheer force of will to move our
cumstance is. In the end, there really is no Academy of Child and Adolescent Psy- State forward. He worked for the cre-
way of getting out of this everlasting loop- chology. A step towards prioritizing teenage ation of the NCBioImpact training col-
hole, unless you are thrown a lifeline. mental health, increased funding and edu- laborative with the NC Community
Technology provides many of the answers cation would result in teenagers feeling sup- College System’s BioNetwork program,
to these problems. The solutions are there, ported and having better access to mental
health services.
as well as the Biomanufacturing Train-
they would benefit not only single parents,
but eventually in the long run, it would ben- Furthermore, better funding and education ing and Education Center at North
efit everyone. An online database and one- will allow for the improvement of on campus Carolina State University and the Bio-
stop shop: housing, services, food, mental health service. First, it is necessary manufacturing Research Institute and
healthcare. Just one simple example of a so- that the presence of these services on school Technology Enterprise program at
lution that can be extremely beneficial be- campuses are increased. In a report from the North Carolina Central University.
cause it can be used for different things and National Research Council and Institute of Sam’s work was recognized by the
in different ways. All the government assist- Medicine, adolescents were more likely to
North Carolina Council for Entrepre-
ance programs being in one, easy to access receive mental health services when on site
services were easily available. Second, diver- neurial Development in 2005 with the
place would make it simpler for single par-
ents to get the support they need, and that sity, identified by the report as a key compo- Chairman’s Service Award. He received
tax dollars are paying for. Technology could nent to effective on campus mental health the Life Science Conference Leadership
help in other ways as well. Imagine you are services, should be considered; a more di- Award in 2012 and the Life Science
a single mom,there is no one else at home to verse group of health care professionals leads Award from Triangle Business Journal
leave your other child(ren) with, while you to lower dropout rates in mental health pro- in 2015. Just recently and most signifi-
rush the sick one to the emergency room. grams, and misdiagnosis of mental illness cantly, he received our State’s highest
—If you could use an app like pingmd.com decreased when there were fewer cultural dif-
honor, the Order of the Long Leaf Pine.
app, all you would have to do is ‘‘ping’’ your ferences between provider and patient. Ame-
liorating on campus services by increasing To say Sam was a giant among men is
doctor directly, share photos, and list out
the symptoms. This would save time before and diversifying them will encourage teen- an understatement. He was a leader
scheduling an appointment and visiting a agers to seek help and normalize doing so, and a visionary, someone who truly
doctor (time the parents are usually at creating an atmosphere where youth can wanted to make our State and world a
work), and take some of the expenses out of comfortably discuss their mental health better place.
visiting a doctor. There are new solutions without fear of being treated as insignifi- North Carolinians have lost a loyal
being made everyday in order to make life cant. son and a tireless advocate. We have
for single parent’s easier, this being one of Moreover, improving the funding, edu-
lost a friend and colleague. Today, we
them. Parent’s that don’t have enough time cation, and available services surrounding
teen mental health will allow us to make ask every member of this body to join
in the day to record everything that their
this issue a larger priority in America. In us in honoring the life and amazing
child is doing, ex: soccer games, presen-
tations, first day of school experiences, etc. doing this, we take care of our youth and im- legacy of Sam Taylor. Our State and
This is now being solved with a page called prove their quality of life.∑ the people of the United States are
Kidlee. This is another example that will f grateful for his life of service, and we
help not only single parents right now, but know that North Carolina will con-
even parents that just don’t have time for it. REMEMBERING SAM TAYLOR
tinue to be one of our Nation’s life
These solutions are only the beginning, if ∑ Mr. TILLIS. Madam President, I science innovation hubs in no small
only they were acted upon, single parents rise today with my colleague, the sen- part due to him.∑
could get the assistance they need. ior Senator from North Carolina, to f
ELLA PARTLOW, MISSISQUOI VALLEY UNION HIGH honor the life and work of Sam Taylor,
SCHOOL, JUNIOR
the president of North Carolina Bio- EXECUTIVE AND OTHER
At such a significant time in their lives for sciences Organization. Sam was a giant COMMUNICATIONS
personal development, teenagers are one of in our State and a leading voice for our The following communications were
the most vulnerable age groups when it
comes to mental health. According to the
vital and innovative life sciences and laid before the Senate, together with
National Institute of Medicine, twenty-five biopharmaceutical sector. A native accompanying papers, reports, and doc-
percent of Americans experience at least one North Carolinian, his love for his home uments, and were referred as indicated:
depressive episode prior to adulthood. More State and his commitment to its future EC–582. A communication from the Direc-
concerning, however, is that the World always shone through. He was a grad- tor of the Regulatory Management Division,
Health Organization found that many such uate of North Carolina State Univer- Environmental Protection Agency, transmit-
conditions are ignored; an estimated fifteen sity, and he received his law degree ting, pursuant to law, the report of a rule en-
percent of teenagers’ mental health condi- with high honors from the University titled ‘‘Approval and Promulgation of State
tions go ‘‘underdiagnosed and undertreated’’. Air Quality Plans for Designated Facilities
This elucidates that adolescent mental
of North Carolina at Chapel Hill. and Pollutants; Arkansas, Louisiana, New
health is not often made a priority. The Sam was a dedicated and energetic Mexico, and Albuquerque-Bernalillo County,
mental health of American teenagers needs voice for the biosciences and a terrific New Mexico; Control of Emissions From Ex-
to be taken more seriously. partner to those in government and the isting Hospital/Infectious Waste Incinerator
When teenage mental health is neglected, private sector committed to promoting Units’’ (FRL No. 10019–25–Region 6) received
it becomes an even more pressing issue. Re- those industries. This sector has seen in the Office of the President of the Senate
SSpencer on DSK126QN23PROD with SENATE
flecting the detrimental effects of a poor remarkable growth in recent years: on February 25, 2021; to the Committee on
mental health care system, the rates of self since 2016, increasing its employment Environment and Public Works.
harm and suicide in America have increased EC–583. A communication from the Direc-
base by 10 percent to reach more than
in recent years. The General Hospital of Psy- tor of the Regulatory Management Division,
chiatry says that in the past two decades 83,000 jobs in 2018 across 4,210 business Environmental Protection Agency, transmit-
emergency room visits in America for self establishments. Between 2016 and 2019, ting, pursuant to law, the report of a rule en-
inflicted harm in all age groups have in- the biosciences has attracted more titled ‘‘Approval of Source-Specific Air Qual-
creased; albeit, these visits were most com- than $1.5 billion in venture capital in- ity Implementation Plans; New Jersey’’
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00082 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.015 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1119
(FRL No. 10017–00–Region 2) received in the of the President of the Senate on February ((RIN1625–AA00) (Docket No. USCG–2021–
Office of the President of the Senate on Feb- 25, 2021; to the Committee on Environment 0035)) received in the Office of the President
ruary 25, 2021; to the Committee on Environ- and Public Works. of the Senate on February 25, 2021; to the
ment and Public Works. EC–591. A communication from the Direc- Committee on Commerce, Science, and
EC–584. A communication from the Direc- tor of the Regulatory Management Division, Transportation.
tor of the Regulatory Management Division, Environmental Protection Agency, transmit- EC–600. A communication from the Yeo-
Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- man Chief Petty Officer, U.S. Coast Guard,
ting, pursuant to law, the report of a rule en- titled ‘‘Air Plan Approval; Pennsylvania; Department of Homeland Security, transmit-
titled ‘‘Approval and Promulgation of State 1997 8-Hour Ozone National Ambient Air ting, pursuant to law, the report of a rule en-
Air Quality Plans for Designated Facilities Quality Standard Second Maintenance Plan titled ‘‘Drawbridge Operation Regulation;
and Pollutants; State of Maryland; Control for the Harrisburg-Lebanon-Carlisle Area’’ Middle River, Near Discovery Bay, Cali-
of Emissions from Existing Sewage Sludge (FRL No. 10016–56–Region 3) received in the fornia’’ ((RIN1625–AA09) (Docket No. USCG–
Incinerator Units’’ (FRL No. 10018–21–Region Office of the President of the Senate on Feb- 2020–0137)) received in the Office of the Presi-
3) received in the Office of the President of ruary 25, 2021; to the Committee on Environ- dent of the Senate on February 25, 2021; to
the Senate on February 25, 2021; to the Com- ment and Public Works. the Committee on Commerce, Science, and
mittee on Environment and Public Works. EC–592. A communication from the Board Transportation.
EC–585. A communication from the Direc- Chairman and Chief Executive Officer, Farm EC–601. A communication from the Chair-
tor of the Regulatory Management Division, Credit Administration, transmitting, pursu- man of the Office of Proceedings, Surface
Environmental Protection Agency, transmit- ant to law, the Administration’s Fiscal Year Transportation Board, Department of Trans-
ting, pursuant to law, the report of a rule en- 2020 Federal Information Security Manage- portation, transmitting, pursuant to law, the
titled ‘‘Approval and Promulgation of State ment Act (FISMA) and Privacy Management report of a rule entitled ‘‘Civil Monetary
Air Quality Plans for Designated Facilities Report; to the Committees on Agriculture, Penalties–2021 Adjustment’’ (Docket No. EP
and Pollutants; Arkansas, Louisiana, New Nutrition, and Forestry; Appropriations; 716 (Sub–No. 6)) received in the Office of the
Mexico, and Albuquerque-Bernalillo County, Homeland Security and Governmental Af- President of the Senate on February 25, 2021;
New Mexico; Control of Emissions From Ex- fairs; and Commerce, Science, and Transpor- to the Committee on Commerce, Science,
isting Hospital/Infectious Waste Incinerator tation. and Transportation.
Units’’ (FRL No. 10019–25–Region 6) received EC–593. A communication from the Chair- EC–602. A communication from the Direc-
in the Office of the President of the Senate man of the Board of Governors, Federal Re- tor of the Office of National Marine Sanc-
on February 25, 2021; to the Committee on serve System, transmitting, pursuant to law, tuaries, National Oceanic and Atmospheric
Environment and Public Works. the Board’s semiannual Monetary Policy Re- Administration, Department of Commerce,
EC–586. A communication from the Direc- port to Congress; to the Committee on Bank- transmitting, pursuant to law, the report of
tor of the Regulatory Management Division, ing, Housing, and Urban Affairs. a rule entitled ‘‘Expansion of Flower Garden
Environmental Protection Agency, transmit- EC–594. A communication from the Execu- Banks National Marine Sanctuary’’
ting, pursuant to law, the report of a rule en- tive Secretary, U.S. Agency for Inter- (RIN0648–BA21) received in the Office of the
titled ‘‘Air Plan Approval; Pennsylvania; national Development (USAID), transmit- President of the Senate on February 25, 2021;
1997 8-Hour Ozone NAAQS Second Mainte- ting, pursuant to law, nine (9) reports rel- to the Committee on Commerce, Science,
nance Plan for the Scranton-Wilkes-Barre ative to vacancies in the U.S. Agency for and Transportation.
Area’’ (FRL No. 10018–14–Region 3) received International Development (USAID), re- f
in the Office of the President of the Senate ceived in the Office of the President of the
on February 25, 2021; to the Committee on Senate on February 25, 2021; to the Com- EXECUTIVE REPORT OF
Environment and Public Works. mittee on Foreign Relations. COMMITTEE
EC–587. A communication from the Direc- EC–595. A communication from the Assist-
tor of the Regulatory Management Division, ant Legal Adviser for Treaty Affairs, Depart- The following executive report of a
Environmental Protection Agency, transmit- ment of State, transmitting, pursuant to the nomination was submitted:
ting, pursuant to law, the report of a rule en- Case-Zablocki Act, 1 U.S.C. 112b, as amended, By Mr. MANCHIN for the Committee on
titled ‘‘Air Plan Approval; West Virginia; the report of the texts and background state- Energy and Natural Resources.
1997 8-Hour Ozone National Ambient Air ments of international agreements, other *Debra Anne Haaland, of New Mexico, to be
Quality Standard Second Maintenance Plan than treaties (List 2021–0021—2021–0039); to Secretary of the Interior.
for the West Virginia Portion for the the Committee on Foreign Relations. *Nomination was reported with rec-
Charleston, West Virginia Area Comprising EC–596. A communication from the Deputy ommendation that it be confirmed sub-
Kanawha and Putnam Counties’’ (FRL No. Assistant General Counsel for Regulatory
ject to the nominee’s commitment to
10017–11–Region 3) received in the Office of Services, Office of Elementary and Sec-
the President of the Senate on February 25, ondary Education, Department of Education, respond to requests to appear and tes-
2021; to the Committee on Environment and transmitting, pursuant to law, the report of tify before any duly constituted com-
Public Works. a rule entitled ‘‘CARES Act Programs; Equi- mittee of the Senate.
EC–588. A communication from the Direc- table Services to Students and Teachers in f
tor of the Regulatory Management Division, Non-Public Schools’’ (RIN1810–AB59) re-
Environmental Protection Agency, transmit- ceived in the Office of the President of the INTRODUCTION OF BILLS AND
ting, pursuant to law, the report of a rule en- Senate on February 25, 2021; to the Com- JOINT RESOLUTIONS
titled ‘‘Air Plan Approval; Virginia; Nega- mittee on Health, Education, Labor, and The following bills and joint resolu-
tive Declarations Certification for the 2008 Pensions. tions were introduced, read the first
Ozone National Ambient Air Quality Stand- EC–597. A communication from the Senior
ard Including the 2016 Oil and Natural Gas Official Performing the Duties of the Admin- and second times by unanimous con-
Control Techniques Guidelines’’ (FRL No. istrator, Federal Emergency Management sent, and referred as indicated:
10016–88–Region 3) received in the Office of Agency, Department of Homeland Security, By Mrs. CAPITO (for herself, Mrs. SHA-
the President of the Senate on February 25, transmitting, pursuant to law, a report rel- HEEN, Mr. PORTMAN, and Mr.
2021; to the Committee on Environment and ative to the cost of response and recovery ef- MANCHIN):
Public Works. forts for FEMA–3553-EM in the District of S. 586. A bill to amend title XVIII of the
EC–589. A communication from the Direc- Columbia having exceeded the $5,000,000 Social Security Act to combat the opioid cri-
tor of the Regulatory Management Division, limit for a single emergency declaration; to sis by promoting access to non-opioid treat-
Environmental Protection Agency, transmit- the Committee on Homeland Security and ments in the hospital outpatient setting; to
ting, pursuant to law, the report of a rule en- Governmental Affairs. the Committee on Finance.
titled ‘‘Air Plan Approval; Texas; Reasonable EC–598. A communication from the Yeo- By Mr. GRASSLEY (for himself, Mr.
Further Progress Plan for the Houston-Gal- man Chief Petty Officer, U.S. Coast Guard, PETERS, Mr. PORTMAN, Mr. CARPER,
veston-Brazoria Ozone Nonattainment Area’’ Department of Homeland Security, transmit- Mr. LANKFORD, Ms. HASSAN, Mr. ROM-
(FRL No. 10019–45–Region 6) received in the ting, pursuant to law, the report of a rule en- NEY, Mr. TESTER, Ms. COLLINS, Mrs.
Office of the President of the Senate on Feb- titled ‘‘Safety Zone; Lower Mississippi FEINSTEIN, Mr. WICKER, and Ms.
ruary 25, 2021; to the Committee on Environ- River, Natchez, Mississippi’’ ((RIN1625–AA00) SINEMA):
ment and Public Works. (Docket No. USCG–2020–0713)) received in the S. 587. A bill to amend the Inspector Gen-
EC–590. A communication from the Direc- Office of the President of the Senate on Feb- eral Act of 1978 to provide that the President
SSpencer on DSK126QN23PROD with SENATE
tor of the Regulatory Management Division, ruary 25, 2021; to the Committee on Com- or certain agency heads may remove the In-
Environmental Protection Agency, transmit- merce, Science, and Transportation. spector General, or place an Inspector Gen-
ting, pursuant to law, the report of a rule en- EC–599. A communication from the Yeo- eral on non-duty status, only if certain con-
titled ‘‘Air Plan Approval; Pennsylvania; man Chief Petty Officer, U.S. Coast Guard, ditions are satisfied, and for other purposes;
1997 8-Hour Ozone National Ambient Air Department of Homeland Security, transmit- to the Committee on Homeland Security and
Quality Standards Second Maintenance Plan ting, pursuant to law, the report of a rule en- Governmental Affairs.
for the Altoona (Blair County) Area’’ (FRL titled ‘‘Safety Zone; Power Plant Demoli- By Mrs. FEINSTEIN (for herself, Ms.
No. 10017–26–Region 3) received in the Office tion; Grand River, Grand Haven, Michigan’’ CORTEZ MASTO, Mr. PADILLA, Mr.
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00083 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.013 S04MRPT1
S1120 CONGRESSIONAL RECORD — SENATE March 4, 2021
SCHATZ, Ms. WARREN, Mr. HEINRICH, By Mr. CARDIN (for himself, Mr. issue an annual report to Congress pro-
and Mr. MERKLEY): WHITEHOUSE, Mrs. FEINSTEIN, Ms. jecting and accounting for the economic
S. 588. A bill to establish the Advisory CANTWELL, Ms. BALDWIN, Mr. BOOKER, costs directly and indirectly caused by the
Committee on Climate Risk on the Financial Mr. BLUMENTHAL, Ms. WARREN, Mr. impacts of climate change, to require the
Stability Oversight Council; to the Com- VAN HOLLEN, Mr. SANDERS, Ms. Federal Retirement Thrift Investment Board
mittee on Banking, Housing, and Urban Af- SMITH, Ms. HIRONO, Ms. KLOBUCHAR, to establish a Federal Advisory Panel on the
fairs. Mr. DURBIN, Mr. MARKEY, Mr. BROWN, Economics of Climate Change, and for other
By Mr. GRASSLEY: Mr. WYDEN, Mr. MENENDEZ, Ms. purposes; to the Committee on Homeland Se-
S. 589. A bill to amend the Internal Rev- DUCKWORTH, Mrs. GILLIBRAND, Mr. curity and Governmental Affairs.
enue Code of 1986 and the Employee Retire- LUJAN, Mr. MERKLEY, Ms. STABENOW, By Ms. CORTEZ MASTO:
ment Income Security Act of 1974 to reform and Mr. PADILLA): S. 607. A bill to discourage speculative oil
the treatment of multiemployer plans, to en- S. 597. A bill to eliminate racial, religious, and gas leasing and to promote enhanced
sure the ability of the Pension Benefit Guar- and other discriminatory profiling by law en- multiple use management of public land and
anty Corporation to provide guaranteed ben- forcement, and for other purposes; to the National Forest System land, and for other
efits of retirees, and for other purposes; to Committee on the Judiciary. purposes; to the Committee on Energy and
the Committee on Finance. By Ms. WARREN (for herself, Mr. Natural Resources.
By Mr. KENNEDY (for himself, Mr. SANDERS, Mr. DURBIN, Mr. By Ms. KLOBUCHAR (for herself, Mr.
GRASSLEY, Mr. TILLIS, Mr. HAWLEY, BLUMENTHAL, Mrs. GILLIBRAND, Mrs. CRAMER, Ms. SMITH, Mr. MARSHALL,
Mrs. BLACKBURN, and Mr. MARSHALL): MURRAY, Mr. BOOKER, and Ms. Mr. MERKLEY, Mr. BARRASSO, Mr.
S. 590. A bill to establish limitations re-
SMITH): DURBIN, Ms. ERNST, Mrs. GILLIBRAND,
garding Confucius Institutes, and for other
S. 598. A bill to authorize additional mon- Ms. LUMMIS, Mr. KELLY, Mr. COTTON,
purposes; considered and passed.
ies to the Public Housing Capital Fund of the Mrs. SHAHEEN, Mr. MORAN, Mr. WAR-
By Mr. BLUMENTHAL (for himself,
Department of Housing and Urban Develop- NER, Mr. HOEVEN, Ms. DUCKWORTH,
Mr. MURPHY, Mr. DURBIN, Mr. VAN
ment, and for other purposes; to the Com- Ms. MURKOWSKI, Ms. BALDWIN, Mr.
HOLLEN, Mrs. FEINSTEIN, Ms. WAR-
mittee on Banking, Housing, and Urban Af- BOOZMAN, Mr. PETERS, Mr. CRAPO,
REN, Mr. MARKEY, Mr. WYDEN, Mr.
fairs. Mr. WARNOCK, Mr. TILLIS, Mr. BEN-
CASEY, Mr. REED, Mr. WHITEHOUSE,
By Mr. BOOKER (for himself and Mr. NET, Mr. SULLIVAN, Mr. KAINE, Mr.
Ms. BALDWIN, Ms. DUCKWORTH, Ms.
SCOTT of South Carolina): HAWLEY, and Ms. ROSEN):
KLOBUCHAR, Ms. HIRONO, Mr. BROWN, S. 599. A bill to establish the Department S. 608. A bill to help small business
Mr. COONS, Mr. MENENDEZ, Mr. of State Student Internship Program as a broadband providers keep customers con-
CARDIN, Mr. KAINE, Mr. LEAHY, Mr. paid internship program to provide students nected; to the Committee on Commerce,
BOOKER, Mrs. GILLIBRAND, Ms. SMITH, with the opportunity to learn about a career Science, and Transportation.
Mr. HEINRICH, and Mr. SANDERS): in diplomacy and foreign affairs, and for By Ms. CORTEZ MASTO (for herself
S. 591. A bill to prohibit firearms dealers
other purposes; to the Committee on Foreign and Ms. ROSEN):
from selling a firearm prior to the comple-
Relations. S. 609. A bill to withdraw the National For-
tion of a background check; to the Com-
By Mr. LEE: est System land in the Ruby Mountains sub-
mittee on the Judiciary.
S. 600. A bill to prescribe zoning authority district of the Humboldt-Toiyabe National
By Mr. WICKER (for himself and Mrs.
with respect to commercial unmanned air- Forest and the National Wildlife Refuge Sys-
BLACKBURN):
S. 592. A bill to establish a reserve fund for craft systems and to preserve State, local, tem land in Ruby Lake National Wildlife
the proceeds of the C-band auction conducted and Tribal authorities and private property Refuge, Elko and White Pine Counties, Ne-
by the Federal Communications Commis- with respect to unmanned aircraft systems, vada, from operation under the mineral leas-
sion; to the Committee on Commerce, and for other purposes; to the Committee on ing laws; to the Committee on Energy and
Science, and Transportation. Commerce, Science, and Transportation. Natural Resources.
By Ms. MURKOWSKI (for herself and By Mr. DURBIN (for himself, Mr. By Mr. KAINE (for himself, Mr. YOUNG,
Mr. SULLIVAN): GRASSLEY, Mr. LEAHY, Mr. LEE, Mr. Mr. REED, Mr. CASSIDY, Mr. KING,
S. 593. A bill to restrict the imposition by BOOKER, and Mr. TILLIS): Mrs. CAPITO, Ms. BALDWIN, Ms. COL-
the Secretary of Homeland Security of fines, S. 601. A bill to amend section 3661 of title LINS, Mr. WARNER, Ms. SMITH, Ms.
penalties, duties, or tariffs applicable only to 18, United States Code, to prohibit the con- ROSEN, Mrs. GILLIBRAND, Ms. SINEMA,
coastwise voyages, or prohibit otherwise sideration of acquitted conduct at sen- Ms. STABENOW, Mr. TESTER, Mr. VAN
qualified non-United States citizens from tencing; to the Committee on the Judiciary. HOLLEN, Mr. KELLY, and Mr. PETERS):
serving as crew, on specified vessels trans- By Mr. COTTON (for himself and Mr. S. 610. A bill to address behavioral health
porting passengers between the State of COONS): and well-being among health care profes-
Washington and the State of Alaska, to ad- S. 602. A bill to combat forced organ har- sionals; to the Committee on Health, Edu-
dress a Canadian cruise ship ban and the ex- vesting and trafficking in persons for pur- cation, Labor, and Pensions.
traordinary impacts of the COVID–19 pan- poses of the removal of organs, and for other By Mr. DURBIN (for himself, Mr. GRA-
demic on Alaskan communities, and for purposes; to the Committee on Foreign Rela- HAM, Ms. BALDWIN, Mr. GRASSLEY,
other purposes; to the Committee on Com- tions. Mrs. FEINSTEIN, Mr. CORNYN, Ms.
merce, Science, and Transportation. By Mr. WARNER: KLOBUCHAR, Ms. MURKOWSKI, Mr.
By Ms. COLLINS (for herself, Ms. S. 603. A bill to amend the Higher Edu- LEAHY, Mr. CRAPO, Mr. WHITEHOUSE,
SINEMA, Mr. HAWLEY, and Mr. cation Act of 1965 to provide for the refi- Ms. ERNST, Mr. BROWN, Mr. TILLIS,
PETERS): nancing of certain Federal student loans, Mr. WYDEN, Mr. MENENDEZ, Ms.
S. 594. A bill to double the existing pen- and for other purposes; to the Committee on HIRONO, Mrs. SHAHEEN, Ms. WARREN,
alties for the provision of misleading or inac- Health, Education, Labor, and Pensions. Ms. SMITH, Mr. BLUMENTHAL, Mr.
curate caller identification information; to By Mr. WARNER (for himself, Mr. REED, Mr. TESTER, Mr. SCHATZ, Mr.
the Committee on Commerce, Science, and MENENDEZ, Mr. SCHUMER, Mr. YOUNG, CASEY, Ms. CORTEZ MASTO, and Mr.
Transportation. Mr. CORNYN, Mr. SASSE, Mr. RUBIO, PORTMAN):
By Mr. VAN HOLLEN (for himself, Ms. and Mr. BENNET): S. 611. A bill to deposit certain funds into
WARREN, Mr. MERKLEY, Mr. CARDIN, S. 604. A bill to authorize the establish- the Crime Victims Fund, to waive matching
Mr. SCHATZ, Ms. BALDWIN, Ms. SMITH, ment of a Technology Partnership among requirements, and for other purposes; to the
Mr. MARKEY, and Mrs. GILLIBRAND): democratic countries, and for other pur- Committee on the Judiciary.
S. 595. A bill to prohibit the use of funds poses; to the Committee on Foreign Rela-
f
for the research and development, produc- tions.
tion, or deployment of the nuclear-armed By Mrs. GILLIBRAND (for herself, Mr. SUBMISSION OF CONCURRENT AND
sea-launched cruise missile and its associ- RUBIO, Mr. BURR, Mr. BLUMENTHAL, SENATE RESOLUTIONS
ated nuclear warhead; to the Committee on Ms. DUCKWORTH, Mr. KING, Mrs. FEIN-
Foreign Relations. STEIN, Mr. WYDEN, Mr. LUJAN, Mr.
The following concurrent resolutions
By Mr. CARPER (for himself, Mr. CAS- CASEY, Mr. MARKEY, Mr. BOOKER, and and Senate resolutions were read, and
SIDY, Mrs. CAPITO, Mr. COONS, Mrs. Mr. MERKLEY): referred (or acted upon), as indicated:
BLACKBURN, Ms. KLOBUCHAR, Mrs. S. 605. A bill to reduce the number of pre- By Mr. BOOKER (for himself, Mrs.
ventable deaths and injuries caused by
SSpencer on DSK126QN23PROD with SENATE
HYDE-SMITH, Mrs. SHAHEEN, Ms. MURRAY, and Mr. WYDEN):
SINEMA, Ms. ERNST, Ms. MURKOWSKI, underride crashes, to improve motor carrier S. Res. 95. A resolution recognizing the dis-
Mr. CRAMER, Mr. TILLIS, and Mr. and passenger motor vehicle safety, and for proportionate impact of COVID–19 on women
HEINRICH): other purposes; to the Committee on Com- and girls globally; to the Committee on For-
S. 596. A bill to amend title XVIII of the merce, Science, and Transportation. eign Relations.
Social Security Act to provide for the co- By Mr. MERKLEY: By Ms. ROSEN (for herself and Mr.
ordination of programs to prevent and treat S. 606. A bill to require the Board of Gov- MORAN):
obesity, and for other purposes; to the Com- ernors of the Federal Reserve System and S. Res. 96. A resolution designating March
mittee on Finance. the Securities and Exchange Commission to 8 through March 14, 2021, as ‘‘Women of the
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00084 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.019 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1121
Aviation Workforce Week’’; to the Com- signed to the 6888th Central Postal Di- MORAN) was added as a cosponsor of S.
mittee on the Judiciary. rectory Battalion, known as the ‘‘Six 563, a bill to amend the Federal Re-
f Triple Eight’’. serve Act to prohibit certain financial
ADDITIONAL COSPONSORS S. 408 service providers who deny fair access
At the request of Mr. TOOMEY, the to financial services from using tax-
S. 14
name of the Senator from North Da- payer funded discount window lending
At the request of Mr. CARDIN, the kota (Mr. CRAMER) was added as a co- programs, and for other purposes.
names of the Senator from Arizona sponsor of S. 408, a bill to require the S. 580
(Ms. SINEMA) and the Senator from Secretary of Health and Human Serv- At the request of Mrs. FEINSTEIN, the
Maine (Ms. COLLINS) were added as co- ices to publish guidance for States on name of the Senator from California
sponsors of S. 14, a bill to identify and strategies for maternal care providers (Mr. PADILLA) was added as a cosponsor
combat corruption in countries, to es- participating in the Medicaid program of S. 580, a bill to reauthorize the
tablish a tiered system of countries to reduce maternal mortality and se- Neighborhood Stabilization Program,
with respect to levels of corruption by vere morbidity with respect to individ- and for other purposes.
their governments and their efforts to uals receiving medical assistance under S.J. RES. 10
combat such corruption, and to evalu- such program. At the request of Mr. KAINE, the
ate foreign persons engaged in grand S. 450 names of the Senator from Massachu-
corruption for inclusion as specially At the request of Mr. BOOKER, the setts (Mr. MARKEY) and the Senator
designated nationals under the Global name of the Senator from New Hamp- from Oregon (Mr. WYDEN) were added
Magnitsky Human Rights Account- shire (Mrs. SHAHEEN) was added as a co- as cosponsors of S.J. Res. 10, a joint
ability Act. sponsor of S. 450, a bill to award post- resolution to repeal the authorizations
S. 40 humously the Congressional Gold for use of military force against Iraq,
At the request of Mr. BOOKER, the Medal to Emmett Till and Mamie Till- and for other purposes.
name of the Senator from Maryland Mobley. S. RES. 35
(Mr. VAN HOLLEN) was added as a co- S. 452 At the request of Mr. CARDIN, the
sponsor of S. 40, a bill to address the At the request of Ms. STABENOW, the name of the Senator from Oregon (Mr.
fundamental injustice, cruelty, bru- names of the Senator from New York WYDEN) was added as a cosponsor of S.
tality, and inhumanity of slavery in (Mr. SCHUMER) and the Senator from Res. 35, a resolution condemning the
the United States and the 13 American Pennsylvania (Mr. CASEY) were added military coup that took place on Feb-
colonies between 1619 and 1865 and to as cosponsors of S. 452, a bill to award ruary 1, 2021, in Burma and the Bur-
establish a commission to study and a Congressional Gold Medal to Willie mese military’s detention of civilian
consider a national apology and pro- O’Ree, in recognition of his extraor- leaders, calling for an immediate and
posal for reparations for the institu- dinary contributions and commitment unconditional release of all those de-
tion of slavery, its subsequent de jure to hockey, inclusion, and recreational tained and for those elected to serve in
and de facto racial and economic dis- opportunity. parliament to resume their duties
crimination against African Ameri- S. 460 without impediment, and for other pur-
cans, and the impact of these forces on At the request of Mr. RUBIO, the poses.
living African Americans, to make rec- names of the Senator from New Mexico S. RES. 72
ommendations to the Congress on ap- (Mr. HEINRICH) and the Senator from At the request of Mr. COTTON, the
propriate remedies, and for other pur- Virginia (Mr. KAINE) were added as co- names of the Senator from Iowa (Ms.
poses. sponsors of S. 460, a bill to extend the ERNST) and the Senator from Florida
S. 91 authority for Federal contractors to (Mr. SCOTT) were added as cosponsors
At the request of Ms. SINEMA, the reimburse employees unable to perform of S. Res. 72, a resolution opposing the
name of the Senator from California work due to the COVID–19 pandemic lifting of sanctions imposed with re-
(Mr. PADILLA) was added as a cosponsor from March 31, 2021, to September 30, spect to Iran without addressing the
of S. 91, a bill to amend the Social Se- 2021. full scope of Iran’s malign activities,
curity Act to include special districts S. 501 including its nuclear program, ballistic
in the coronavirus relief fund, to direct At the request of Mr. DAINES, the and cruise missile capabilities, weap-
the Secretary to include special dis- names of the Senator from Iowa (Mr. ons proliferation, support for ter-
tricts as an eligible issuer under the GRASSLEY) and the Senator from Flor- rorism, hostage-taking, gross human
Municipal Liquidity Facility, and for ida (Mr. SCOTT) were added as cospon- rights violations, and other desta-
other purposes. sors of S. 501, a bill to prohibit ear- bilizing activities.
S. 134 marks. f
At the request of Mr. MORAN, the S. 519
STATEMENTS ON INTRODUCED
names of the Senator from New Hamp- At the request of Mr. HAGERTY, the
BILLS AND JOINT RESOLUTION
shire (Ms. HASSAN) and the Senator name of the Senator from Wyoming
from North Carolina (Mr. TILLIS) were (Ms. LUMMIS) was added as a cosponsor By Mr. DURBIN (for himself, Mr.
added as cosponsors of S. 134, a bill to of S. 519, a bill to review the use of GRASSLEY, Mr. LEAHY, Mr. LEE,
direct the Secretary of Veterans Af- election security grants in the 2020 Mr. BOOKER, and Mr. TILLIS):
fairs to carry out a retraining assist- presidential election and to prohibit S. 601. A bill to amend section 3661 of
ance program for unemployed veterans, future election security grants to title 18, United States Code, to prohibit
and for other purposes. States with unconstitutional election the consideration of acquitted conduct
S. 321 procedures. at sentencing; to the Committee on the
At the request of Mr. MORAN, the S. 521 Judiciary.
At the request of Mr. PORTMAN, the Mr. DURBIN. Mr. President, I ask
names of the Senator from West Vir-
names of the Senator from New Hamp- unanimous consent that the text of the
ginia (Mrs. CAPITO), the Senator from
shire (Mrs. SHAHEEN) and the Senator bill be printed in the RECORD.
Maryland (Mr. CARDIN), the Senator
There being no objection, the text of
from Hawaii (Ms. HIRONO), the Senator from Arizona (Ms. SINEMA) were added
the bill was ordered to be printed in
from Mississippi (Mrs. HYDE-SMITH), as cosponsors of S. 521, a bill to require
the RECORD, as follows:
the Senator from Maine (Mr. KING), the the United States Postal Service to
SSpencer on DSK126QN23PROD with SENATE
S. 601
Senator from Washington (Mrs. MUR- continue selling the Multinational Spe-
cies Conservation Funds Semipostal Be it enacted by the Senate and House of Rep-
RAY), the Senator from Ohio (Mr.
resentatives of the United States of America in
PORTMAN) and the Senator from Alaska Stamp until all remaining stamps are Congress assembled,
(Mr. SULLIVAN) were added as cospon- sold, and for other purposes. SECTION 1. SHORT TITLE.
sors of S. 321, a bill to award a Congres- S. 563 This Act may be cited as the ‘‘Prohibiting
sional Gold Medal to the members of At the request of Mr. CRAMER, the Punishment of Acquitted Conduct Act of
the Women’s Army Corps who were as- name of the Senator from Kansas (Mr. 2021’’.
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00085 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.021 S04MRPT1
S1122 CONGRESSIONAL RECORD — SENATE March 4, 2021
SEC. 2. ACQUITTED CONDUCT AT SENTENCING. ‘‘(6) any funds that would otherwise be de- tive shall issue waivers for any matching re-
(a) USE OF INFORMATION FOR SENTENCING.— posited in the general fund of the Treasury quirement, in its entirety, for all eligible
(1) AMENDMENT.—Section 3661 of title 18, collected pursuant to— crime victim assistance programs contracted
United States Code, is amended by inserting ‘‘(A) a deferred prosecution agreement; or to provide services at that time.’’.
‘‘, except that a court of the United States ‘‘(B) a non-prosecution agreement.’’; and f
shall not consider, except for purposes of (2) in subsection (e), by striking ‘‘Director’’
mitigating a sentence, acquitted conduct and inserting ‘‘Director, except that renew- SUBMITTED RESOLUTIONS
under this section’’ before the period at the als and extensions beyond that period may
end. be granted at the discretion of the Attorney
(2) APPLICABILITY.—The amendment made General’’. SENATE RESOLUTION 95—RECOG-
by paragraph (1) shall apply only to a judg- (b) CRIME VICTIM COMPENSATION.—Section NIZING THE DISPROPORTIONATE
ment entered on or after the date of enact- 1403 of the Victims of Crime Act of 1984 (34 IMPACT OF COVID–19 ON WOMEN
ment of this Act. U.S.C. 20102) is amended— AND GIRLS GLOBALLY
(b) DEFINITIONS.—Section 3673 of title 18, (1) in subsection (a)—
United States Code, is amended— (A) in paragraph (1), by striking ‘‘40 per- Mr. BOOKER (for himself, Mrs. MUR-
(1) in the matter preceding paragraph (1), cent in fiscal year 2002 and of 60 percent in RAY, and Mr. WYDEN) submitted the fol-
by striking ‘‘As’’ and inserting the following: subsequent fiscal years’’ and inserting ‘‘75 lowing resolution; which was referred
‘‘(a) As’’; and percent’’; to the Committee on Foreign Rela-
(2) by adding at the end the following: (B) in paragraph (2), by striking ‘‘of 40 per- tions:
‘‘(b) As used in this chapter, the term ‘ac- cent in fiscal year 2002 and of 60 percent in S. RES. 95
quitted conduct’ means— subsequent fiscal years’’;
‘‘(1) an act— Whereas the COVID–19 crisis exacerbates
(C) by redesignating paragraph (3) as para-
‘‘(A) for which a person was criminally existing vulnerabilities for women and girls
graph (4); and
charged and adjudicated not guilty after and has an outsized effect on health, safety,
(D) by inserting after paragraph (2) the fol-
trial in a Federal, State, or Tribal court; or lowing new paragraph: and livelihoods for marginalized commu-
‘‘(B) in the case of a juvenile, that was ‘‘(3) For the purposes of calculating nities;
charged and for which the juvenile was found amounts awarded in the previous fiscal year Whereas it is estimated that the disruption
not responsible after a juvenile adjudication under this subsection, the Director shall not of sexual and reproductive health care serv-
hearing; or require eligible crime victim compensation ices and supply chains caused by the COVID–
‘‘(2) any act underlying a criminal charge programs to deduct recovery costs or collec- 19 crisis caused an estimated 49,000,000
or juvenile information dismissed— tions from restitution or from subrogation women to stop using contraceptives during
‘‘(A) in a Federal court upon a motion for for payment under a civil lawsuit.’’; just the first 6 months of the crisis, likely
acquittal under rule 29 of the Federal Rules (2) in subsection (b)(2) by striking ‘‘au- resulting in approximately 7,000,000 unin-
of Criminal Procedure; or thorities;’’ and inserting ‘‘authorities, except tended pregnancies, 1,700,000 major obstetric
‘‘(B) in a State or Tribal court upon a mo- if a program determines such cooperation complications, 28,000 maternal deaths, 168,000
tion for acquittal or an analogous motion may be impacted due to a victim’s age, phys- newborn deaths, and 3,300,000 unsafe abor-
under the applicable State or Tribal rule of ical condition, psychological state, cultural tions;
criminal procedure.’’. or linguistic barriers, or any other health or Whereas lockdowns, quarantines, and other
safety concern that jeopardizes the victim’s movement restrictions related to COVID–19
By Mr. DURBIN (for himself, Mr. wellbeing;’’; and have disrupted access to legal and social
GRAHAM, Ms. BALDWIN, Mr. (3) in subsection (d)— services, as well as access to counseling, safe
shelters, and medical treatment, exacer-
GRASSLEY, Mrs. FEINSTEIN, Mr. (A) in paragraph (3), by striking ‘‘; and’’
and inserting a semicolon; bating vulnerabilities for women and girls;
CORNYN, Ms. KLOBUCHAR, Ms. Whereas gender-based violence, such as do-
MURKOWSKI, Mr. LEAHY, Mr. (B) in paragraph (4), by striking the period
at the end and inserting ‘‘; and’’; and mestic violence, child marriage, and female
CRAPO, Mr. WHITEHOUSE, Ms. genital mutilation, has increased, and is ex-
(C) by adding at the end the following new
ERNST, Mr. BROWN, Mr. TILLIS, paragraph: pected to continue to increase, as a result of
Mr. WYDEN, Mr. MENENDEZ, Ms. ‘‘(5) the term ‘recovery costs’ means ex- the COVID–19 crisis, including—
HIRONO, Mrs. SHAHEEN, Ms. (1) an estimated 31,000,000 more gender-
penses for personnel directly involved in the
based violence cases during the first 6
WARREN, Ms. SMITH, Mr. recovery efforts to obtain collections from
months of shutdowns;
BLUMENTHAL, Mr. REED, Mr. restitution or from subrogation for payment (2) an additional 13,000,000 child marriages
TESTER, Mr. SCHATZ, Mr. under a civil law suit.’’. by 2030; and
CASEY, Ms. CORTEZ MASTO, and SEC. 3. WAIVER OF MATCHING REQUIREMENT. (3) an increase of approximately 2,000,000
Mr. PORTMAN): (a) IN GENERAL.—Section 1404(a) of the Vic- cases of female genital mutilation between
S. 611. A bill to deposit certain funds tims of Crime Act of 1984 (34 U.S.C. 20103(a)) 2020 and 2030;
into the Crime Victims Fund, to waive is amended by inserting at the end the fol- Whereas women play significant roles in
lowing new paragraph: the health care workforce, comprising 70 per-
matching requirements, and for other
‘‘(7)(A) Each chief executive may waive a cent of health care workers globally, yet
purposes; to the Committee on the Ju- matching requirement imposed by the Direc- often are not prioritized for the receipt of
diciary. tor, in accordance with subparagraph (B), as personal protective equipment, dispropor-
Mr. DURBIN. Mr. President, I ask a condition for the receipt of funds under tionately exposing them to contracting
unanimous consent that the text of the any program to provide assistance to victims COVID–19;
bill be printed in the RECORD. of crimes authorized under this chapter. The Whereas women and girls perform 3 times
There being no objection, the text of chief executive shall report to the Director the amount of unpaid care work in homes
the bill was ordered to be printed in the approval of any waiver of the matching and in their communities as men, a burden
the RECORD, as follows: requirement. that has increased during the COVID–19 cri-
‘‘(B) Each chief executive shall establish sis as women and girls are disproportion-
S. 611 and make public, a policy including— ately responsible for caring for sick and el-
Be it enacted by the Senate and House of Rep- ‘‘(i) the manner in which an eligible crime derly family and community members and
resentatives of the United States of America in victim assistance program can request a children who are out of school, limiting the
Congress assembled, match waiver; ability of women and girls to perform in-
SECTION 1. SHORT TITLE. ‘‘(ii) the criteria used to determine eligi- come-generating work, pursue education or
This Act may be cited as the ‘‘VOCA Fix to bility of the match waiver; and skills building, or avoid exposure to COVID–
Sustain the Crime Victims Fund Act of ‘‘(iii) the process for decision making and 19;
2021’’. notifying the eligible crime victim assist- Whereas, globally, women living in poverty
SEC. 2. COMPREHENSIVE FIX OF CRIME VICTIMS ance program of the decision.’’. will endure specific economic effects as a re-
FUND AND COMPENSATION. (b) NATIONAL EMERGENCY WAIVER.—Section sult of the COVID–19 crisis, largely due to
(a) CRIME VICTIMS FUND.—Section 1402 of 1404(a) of the Victims of Crime Act of 1984 (34 the overrepresentation of those women in
the Victims of Crime Act of 1984 (34 U.S.C. U.S.C. 20103(a)), as amended by subsection the informal economy, the increase in their
SSpencer on DSK126QN23PROD with SENATE
20101) is amended— (a), is further amended by inserting at the unpaid care burdens, and the particular
(1) in subsection (b)— end the following new paragraph: hardships facing female entrepreneurs, such
(A) in paragraph (4), by striking ‘‘; and’’ ‘‘(8) Beginning on the date a national as—
and inserting a semicolon; emergency is declared under the National (1) loss of jobs or pressure to turn to ex-
(B) in paragraph (5)(B), by striking the pe- Emergencies Act (50 U.S.C. 1601 et seq.) with ploitative work, as women workers dominate
riod at the end and inserting ‘‘; and’’; and respect to a pandemic and ending on the date in industries most affected by layoffs caused
(C) by adding at the end the following new that is one year after the date of the end of by the COVID–19 crisis, including hospi-
paragraph: such national emergency, each chief execu- tality, childcare, and tourism, and comprise
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00086 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.023 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1123
92 percent of individuals in the informal sec- Whereas the diversion of resources and (6) commends the executive branch for—
tor, which lacks social and legal protections services away from existing primary health (A) rescinding the global gag rule, also
in most countries; care needs to address the COVID–19 crisis known as the Mexico City Policy, which has
(2) loss of business, as market closures, dis- and contain the spread of COVID–19 will have been shown to lead to poorer health out-
ruptions in global trading, and the collapse particular effects on women and girls, in- comes for women;
of supply chains have disproportionate ef- cluding disruptions in the provision of life- (B) resuming support for the United Na-
fects on female-led businesses and female saving health services unrelated to COVID– tions Population Fund (UNFPA); and
farmers, and enduring gaps in financial in- 19, such as maternal health care and sexual (C) clearly stating the executive branch’s
clusion will have significant ramifications as and reproductive health services, and the policy of supporting sexual and reproductive
women entrepreneurs continue to be consid- loss of critical services and support to re- health and rights around the world;
ered high risk for bank services, formal spond to gender-based violence; (7) urges the executive branch to uphold
loans, and credit; Whereas the COVID–19 Global Humani- the rights of crisis-affected and forcibly dis-
(3) financial insecurity, as women have tarian Response Plan coordinated by the placed populations, including women and
much lower, if any, pensions, retirement sav- United Nations is only 17 percent funded, girls, further affected by COVID–19, by pro-
ings, or other assets to mitigate shocks as leaving significant gaps in the response to moting compliance with international hu-
compared to men; and immediate health and non-health needs of
(4) loss of necessary income that female- manitarian and human rights legal obliga-
women and girls and other vulnerable popu- tions and engaging parties to conflicts to en-
headed households depend on, such as remit-
lations, and ongoing humanitarian response sure unhindered access to health care, med-
tances, which the World Bank expects will
plans, identified as a top priority by the ical supplies, and other vital aid and protec-
decrease by nearly 20 percent in 2020;
United Nations given that people targeted in tion;
Whereas the COVID–19 crisis will uniquely
those plans will be the most affected by the (8) supports robust funding contributions
affect women in agriculture, who provide
direct and indirect effects of the COVID–19 by the United States for the international
more than 43 percent of the agricultural
crisis, remain only 17.3 percent funded; response to the COVID–19 crisis in addition
labor around the world and more than 60 per-
Whereas estimates show that, globally, to further funding for ongoing humanitarian
cent of such labor in Africa yet whose ability
women are included in only 24 percent of na- appeals in support of vulnerable women and
to harvest, sell, and buy food and other prod-
tional response plans for the COVID–19 cri- girls affected by COVID–19 and underlying
ucts necessary for their food security and sis, and women and girls have been largely
nutrition will worsen due to travel restric- emergencies;
excluded from leadership and decision mak- (9) commits to continuously assess and
tions related to the crisis, ongoing discrimi- ing related to responses to the crisis, result-
nation in access to agricultural inputs and eliminate any impediment to the delivery of
ing in response measures that may not fully and access to humanitarian assistance;
markets, and wage gaps and disproportionate account for how COVID–19 affects women
unpaid care burdens for female farmers; (10) urges the executive branch—
and girls; (A) to reaffirm United States leadership on
Whereas food insecurity will have unique Whereas studies show that structural gen-
effects on the nutrition and health of women gender-based violence in foreign assistance,
der inequities, including low social status including by championing and providing
and girls, who already comprise 60 percent of and unequal access to education, and lack of
individuals experiencing hunger in the comprehensive mental and physical health
autonomous decision-making power nega-
world, often rely on getting at least 1 nutri- care services for survivors; and
tively affects the ability of women to access
tious meal each day from feeding programs (B) to reestablish leadership and global
vaccines for themselves and their children;
at schools that may be shut down due to the standing on this critical issue; and
and
COVID–19 crisis, and face shortages in nutri- (11) urges the executive branch to address
Whereas humanitarian exemptions to sanc-
tious food and nutrients given social norms barriers to equitable COVID–19 treatment
tions and counterterrorism measures are
that dictate that women and girls eat last and vaccine access for women, girls, and
vital for ensuring states and principled hu-
and least when food is scarce; marginalized communities as part of a holis-
manitarian actors are able to reach vulner-
Whereas girls, particularly adolescent tic response to the global COVID–19 pan-
able women and girls with efficient, needs-
girls, will be especially affected by the clo- demic.
based assistance, including COVID–19 re-
sures of schools resulting from the COVID–19 sponse activities consistent with obligations
crisis, and it is estimated that, as of March under international humanitarian law, re- f
2020, nearly 743,000,000 girls, not including gardless of the location of those women and
the approximately 132,000,000 girls who were girls: Now, therefore, be it SENATE RESOLUTION 96—DESIG-
already out of school before the onset of the Resolved, That the Senate— NATING MARCH 8 THROUGH
crisis, are out of school due to such closures, (1) reaffirms the critical importance of MARCH 14, 2021, AS ‘‘WOMEN OF
and an additional 11,000,000 girls may leave gender balance and inclusivity in bodies re-
THE AVIATION WORKFORCE
school by the end of the COVID–19 crisis, sponsible for coordination and decision mak-
with evidence suggesting that many will not ing related to the COVID–19 crisis, including WEEK’’
return to school; in structures and task forces of the United Ms. ROSEN (for herself and Mr.
Whereas closures of schools due to the States Government charged with developing MORAN) submitted the following reso-
COVID–19 crisis will decrease the ability of policies and responses to the crisis; lution; which was referred to the Com-
girls to access education and skills building, (2) promotes integrating a gender lens
mittee on the Judiciary:
increase the exposure of girls to gender- throughout the response to the COVID–19
based violence, such as child marriage, exac- crisis by analyzing and tracking the effect of S. RES. 96
erbate the vulnerability of girls to early and response to the crisis on gender, includ- Whereas the first week of March is inter-
pregnancy and childbirth-related complica- ing gathering evidence from data that is nationally known as ‘‘Women of Aviation
tions, and impede access of girls to informa- disaggregated by gender, age, and other spe- Worldwide Week’’;
tion about the prevention of COVID–19, pro- cific variables; Whereas Women of Aviation Worldwide
tection services, and pathways to report (3) supports measures to ensure that life- Week was created by the Institute for
abuse; saving health services including sexual and Women Of Aviation Worldwide;
Whereas the COVID–19 crisis will place par- reproductive health and gender-based vio- Whereas the aviation industry is antici-
ticular burdens on women and girls in hu- lence prevention and response are well pating a significant shortage of skilled pro-
manitarian emergencies given challenges in- resourced and supported, including within fessionals in the coming years;
cluding overcrowded conditions, restrictions the COVID–19 Global Humanitarian Response Whereas the Bureau of Labor Statistics of
on travel and movement, already strained Plan coordinated by the United Nations, and the Department of Labor projected that, in
health, hygiene, and sanitation infrastruc- that funding earmarked for those services is the next 10 years, the overall employment of
ture, food shortages and malnutrition, al- not reduced, canceled, or diverted to other airline and commercial pilots is expected to
ready heightened exposure to gender-based COVID–19 response activities; grow more than 6 percent in the United
violence, systematic and targeted attacks on (4) supports measures to ensure the con- States;
health infrastructure and aid workers by tinuation of adequate food and nutrition se- Whereas less than 2 percent of the aircraft
parties to conflicts, politicization of aid and curity for women and girls around the world maintenance technicians in the world and
service delivery, and restricted humani- affected by COVID–19, including women less than 10 percent of all working aero-
tarian access, all of which exacerbates the smallholder farmers and other women work- nautical engineers are women;
spread and effect of infectious diseases; ing in agriculture, in light of the unique Whereas the Federal Aviation Administra-
SSpencer on DSK126QN23PROD with SENATE
Whereas the United Nations Office on challenges described in the preamble of this tion reports that less than 8 percent of pilots
Drugs and Crime (UNODC), the International resolution; and only 26 percent of air traffic controllers
Organization for Migration (IOM), and the (5) reinforces the need to ensure that in the United States are women;
Department of State have expressed concern short-term relief programming and longer- Whereas women make up only 24 percent of
about an increase in human trafficking and term economic strategies address the spe- the employees in the aerospace industry;
smuggling as traffickers take advantage of cific effects of COVID–19 on women globally, Whereas aviation is a science, technology,
increased vulnerabilities and chaos during especially lower income, migrant, displaced, engineering, and mathematics (commonly
the COVID–19 crisis; and other marginalized women; known as ‘‘STEM’’) focused career path;
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00087 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.026 S04MRPT1
S1124 CONGRESSIONAL RECORD — SENATE March 4, 2021
Whereas the future of an abundant avia- MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr. WELL, Ms. STABENOW, Mr. TESTER, Mr.
tion workforce depends on a robust and di- LEAHY, and Mr. SANDERS) to the bill H.R. MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr.
verse pool of candidates; and 1319, supra; which was ordered to lie on the LEAHY, and Mr. SANDERS) to the bill H.R.
Whereas women such as Amelia Earhart, table. 1319, supra; which was ordered to lie on the
Cicely Williams, Nicole Malachowski, Bessie SA 897. Mr. HAGERTY submitted an table.
Coleman, and Jeannie Leavitt have inspired, amendment intended to be proposed to SA 907. Mr. MARSHALL submitted an
and will continue to inspire, young women to amendment SA 891 proposed by Mr. SCHUMER amendment intended to be proposed to
pursue careers in aviation: Now, therefore, (for himself, Mr. WYDEN, Mrs. MURRAY, Mr. amendment SA 891 proposed by Mr. SCHUMER
be it BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT- (for himself, Mr. WYDEN, Mrs. MURRAY, Mr.
Resolved, That the Senate— WELL, Ms. STABENOW, Mr. TESTER, Mr. BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT-
(1) designates March 8 through March 14, MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr. WELL, Ms. STABENOW, Mr. TESTER, Mr.
2021, as ‘‘Women of the Aviation Workforce LEAHY, and Mr. SANDERS) to the bill H.R. MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr.
Week’’; 1319, supra; which was ordered to lie on the LEAHY, and Mr. SANDERS) to the bill H.R.
(2) celebrates the aviation workforce of the table. 1319, supra; which was ordered to lie on the
United States; SA 898. Mr. HAGERTY submitted an table.
(3) encourages educational and training in- amendment intended to be proposed to SA 908. Mr. MARSHALL submitted an
stitutions to recruit women to join the avia- amendment SA 891 proposed by Mr. SCHUMER amendment intended to be proposed to
tion workforce; (for himself, Mr. WYDEN, Mrs. MURRAY, Mr. amendment SA 891 proposed by Mr. SCHUMER
(4) encourages employers in the aviation BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT- (for himself, Mr. WYDEN, Mrs. MURRAY, Mr.
industry to hire a diverse workforce, includ- WELL, Ms. STABENOW, Mr. TESTER, Mr. BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT-
ing women, veterans, and other underrep- MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr. WELL, Ms. STABENOW, Mr. TESTER, Mr.
resented individuals; and LEAHY, and Mr. SANDERS) to the bill H.R. MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr.
(5) commits to— 1319, supra; which was ordered to lie on the LEAHY, and Mr. SANDERS) to the bill H.R.
(A) raising awareness about the gender gap table. 1319, supra; which was ordered to lie on the
in the air and space industry; and SA 899. Mr. HAGERTY submitted an table.
(B) taking legislative actions to address amendment intended to be proposed to SA 909. Mr. HAGERTY submitted an
the gender gap in science, technology, engi- amendment SA 891 proposed by Mr. SCHUMER amendment intended to be proposed to
neering, and mathematics (commonly known (for himself, Mr. WYDEN, Mrs. MURRAY, Mr. amendment SA 891 proposed by Mr. SCHUMER
as ‘‘STEM’’) fields. BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT- (for himself, Mr. WYDEN, Mrs. MURRAY, Mr.
WELL, Ms. STABENOW, Mr. TESTER, Mr. BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT-
f
MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr. WELL, Ms. STABENOW, Mr. TESTER, Mr.
AMENDMENTS SUBMITTED AND LEAHY, and Mr. SANDERS) to the bill H.R. MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr.
PROPOSED 1319, supra; which was ordered to lie on the LEAHY, and Mr. SANDERS) to the bill H.R.
table. 1319, supra; which was ordered to lie on the
SA 891. Mr. SCHUMER (for himself, Mr. SA 900. Mr. HAGERTY submitted an table.
WYDEN, Mrs. MURRAY, Mr. BROWN, Mr. amendment intended to be proposed to SA 910. Mr. MARSHALL submitted an
PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. STA- amendment SA 891 proposed by Mr. SCHUMER amendment intended to be proposed to
BENOW, Mr. TESTER, Mr. MENENDEZ, Mr. (for himself, Mr. WYDEN, Mrs. MURRAY, Mr. amendment SA 891 proposed by Mr. SCHUMER
SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT- (for himself, Mr. WYDEN, Mrs. MURRAY, Mr.
SANDERS) proposed an amendment to the bill WELL, Ms. STABENOW, Mr. TESTER, Mr. BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT-
H.R. 1319, to provide for reconciliation pursu- MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr. WELL, Ms. STABENOW, Mr. TESTER, Mr.
ant to title II of S. Con. Res. 5. LEAHY, and Mr. SANDERS) to the bill H.R. MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr.
SA 892. Mr. HAGERTY submitted an 1319, supra; which was ordered to lie on the LEAHY, and Mr. SANDERS) to the bill H.R.
amendment intended to be proposed to table. 1319, supra; which was ordered to lie on the
amendment SA 891 proposed by Mr. SCHUMER SA 901. Mr. HAGERTY submitted an table.
(for himself, Mr. WYDEN, Mrs. MURRAY, Mr. amendment intended to be proposed to SA 911. Mr. MARSHALL submitted an
BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT- amendment SA 891 proposed by Mr. SCHUMER amendment intended to be proposed to
WELL, Ms. STABENOW, Mr. TESTER, Mr. (for himself, Mr. WYDEN, Mrs. MURRAY, Mr. amendment SA 891 proposed by Mr. SCHUMER
MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr. BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT- (for himself, Mr. WYDEN, Mrs. MURRAY, Mr.
LEAHY, and Mr. SANDERS) to the bill H.R. WELL, Ms. STABENOW, Mr. TESTER, Mr. BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT-
1319, supra; which was ordered to lie on the MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr. WELL, Ms. STABENOW, Mr. TESTER, Mr.
table. LEAHY, and Mr. SANDERS) to the bill H.R. MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr.
SA 893. Mr. HAGERTY submitted an 1319, supra; which was ordered to lie on the LEAHY, and Mr. SANDERS) to the bill H.R.
amendment intended to be proposed to table. 1319, supra; which was ordered to lie on the
amendment SA 891 proposed by Mr. SCHUMER SA 902. Mr. GRASSLEY (for himself, Mr. table.
(for himself, Mr. WYDEN, Mrs. MURRAY, Mr. MARSHALL, and Mr. CRAMER) submitted an SA 912. Mr. MARSHALL submitted an
BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT- amendment intended to be proposed by him amendment intended to be proposed to
WELL, Ms. STABENOW, Mr. TESTER, Mr. to the bill H.R. 1319, supra; which was or- amendment SA 891 proposed by Mr. SCHUMER
MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr. dered to lie on the table. (for himself, Mr. WYDEN, Mrs. MURRAY, Mr.
LEAHY, and Mr. SANDERS) to the bill H.R. SA 903. Mr. GRASSLEY submitted an BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT-
1319, supra; which was ordered to lie on the amendment intended to be proposed by him WELL, Ms. STABENOW, Mr. TESTER, Mr.
table. to the bill H.R. 1319, supra; which was or- MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr.
SA 894. Mr. HAGERTY submitted an dered to lie on the table. LEAHY, and Mr. SANDERS) to the bill H.R.
amendment intended to be proposed to SA 904. Mr. MARSHALL submitted an 1319, supra; which was ordered to lie on the
amendment SA 891 proposed by Mr. SCHUMER amendment intended to be proposed to table.
(for himself, Mr. WYDEN, Mrs. MURRAY, Mr. amendment SA 891 proposed by Mr. SCHUMER SA 913. Mr. MARSHALL submitted an
BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT- (for himself, Mr. WYDEN, Mrs. MURRAY, Mr. amendment intended to be proposed to
WELL, Ms. STABENOW, Mr. TESTER, Mr. BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT- amendment SA 891 proposed by Mr. SCHUMER
MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr. WELL, Ms. STABENOW, Mr. TESTER, Mr. (for himself, Mr. WYDEN, Mrs. MURRAY, Mr.
LEAHY, and Mr. SANDERS) to the bill H.R. MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr. BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT-
1319, supra; which was ordered to lie on the LEAHY, and Mr. SANDERS) to the bill H.R. WELL, Ms. STABENOW, Mr. TESTER, Mr.
table. 1319, supra; which was ordered to lie on the MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr.
SA 895. Mr. HAGERTY submitted an table. LEAHY, and Mr. SANDERS) to the bill H.R.
amendment intended to be proposed to SA 905. Mr. MARSHALL submitted an 1319, supra; which was ordered to lie on the
amendment SA 891 proposed by Mr. SCHUMER amendment intended to be proposed to table.
(for himself, Mr. WYDEN, Mrs. MURRAY, Mr. amendment SA 891 proposed by Mr. SCHUMER SA 914. Mr. CORNYN (for himself and Mr.
BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT- (for himself, Mr. WYDEN, Mrs. MURRAY, Mr. SCOTT of South Carolina) submitted an
WELL, Ms. STABENOW, Mr. TESTER, Mr. BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT- amendment intended to be proposed to
MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr. WELL, Ms. STABENOW, Mr. TESTER, Mr. amendment SA 891 proposed by Mr. SCHUMER
LEAHY, and Mr. SANDERS) to the bill H.R. MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr. (for himself, Mr. WYDEN, Mrs. MURRAY, Mr.
SSpencer on DSK126QN23PROD with SENATE
1319, supra; which was ordered to lie on the LEAHY, and Mr. SANDERS) to the bill H.R. BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT-
table. 1319, supra; which was ordered to lie on the WELL, Ms. STABENOW, Mr. TESTER, Mr.
SA 896. Mr. HAGERTY submitted an table. MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr.
amendment intended to be proposed to SA 906. Mr. MARSHALL submitted an LEAHY, and Mr. SANDERS) to the bill H.R.
amendment SA 891 proposed by Mr. SCHUMER amendment intended to be proposed to 1319, supra; which was ordered to lie on the
(for himself, Mr. WYDEN, Mrs. MURRAY, Mr. amendment SA 891 proposed by Mr. SCHUMER table.
BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT- (for himself, Mr. WYDEN, Mrs. MURRAY, Mr. SA 915. Mr. CORNYN (for himself and Mr.
WELL, Ms. STABENOW, Mr. TESTER, Mr. BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT- SCOTT of South Carolina) submitted an
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00088 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.024 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1125
amendment intended to be proposed to SANDERS) to the bill H.R. 1319, supra; which SA 891 proposed by Mr. SCHUMER (for him-
amendment SA 891 proposed by Mr. SCHUMER was ordered to lie on the table. self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN,
(for himself, Mr. WYDEN, Mrs. MURRAY, Mr. SA 925. Mr. TOOMEY submitted an amend- Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms.
BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT- ment intended to be proposed to amendment STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr.
WELL, Ms. STABENOW, Mr. TESTER, Mr. SA 891 proposed by Mr. SCHUMER (for him- SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr.
MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr. self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, SANDERS) to the bill H.R. 1319, supra; which
LEAHY, and Mr. SANDERS) to the bill H.R. Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. was ordered to lie on the table.
1319, supra; which was ordered to lie on the STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr. SA 935. Mr. JOHNSON submitted an
table. SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. amendment intended to be proposed to
SA 916. Ms. ERNST submitted an amend- SANDERS) to the bill H.R. 1319, supra; which amendment SA 891 proposed by Mr. SCHUMER
ment intended to be proposed to amendment was ordered to lie on the table. (for himself, Mr. WYDEN, Mrs. MURRAY, Mr.
SA 891 proposed by Mr. SCHUMER (for him- SA 926. Mr. MARSHALL submitted an BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT-
self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, amendment intended to be proposed to WELL, Ms. STABENOW, Mr. TESTER, Mr.
Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. amendment SA 891 proposed by Mr. SCHUMER MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr.
STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr. (for himself, Mr. WYDEN, Mrs. MURRAY, Mr. LEAHY, and Mr. SANDERS) to the bill H.R.
SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT- 1319, supra; which was ordered to lie on the
SANDERS) to the bill H.R. 1319, supra; which WELL, Ms. STABENOW, Mr. TESTER, Mr. table.
was ordered to lie on the table. MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr. SA 936. Mr. JOHNSON submitted an
SA 917. Ms. ERNST submitted an amend- LEAHY, and Mr. SANDERS) to the bill H.R. amendment intended to be proposed to
ment intended to be proposed to amendment 1319, supra; which was ordered to lie on the amendment SA 891 proposed by Mr. SCHUMER
SA 891 proposed by Mr. SCHUMER (for him- table. (for himself, Mr. WYDEN, Mrs. MURRAY, Mr.
self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, SA 927. Mr. MARSHALL submitted an BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT-
Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. amendment intended to be proposed to WELL, Ms. STABENOW, Mr. TESTER, Mr.
STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr. amendment SA 891 proposed by Mr. SCHUMER MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr.
SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. (for himself, Mr. WYDEN, Mrs. MURRAY, Mr. LEAHY, and Mr. SANDERS) to the bill H.R.
SANDERS) to the bill H.R. 1319, supra; which BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT- 1319, supra; which was ordered to lie on the
WELL, Ms. STABENOW, Mr. TESTER, Mr. table.
was ordered to lie on the table.
SA 918. Ms. ERNST submitted an amend- MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr. SA 937. Mr. JOHNSON submitted an
ment intended to be proposed to amendment LEAHY, and Mr. SANDERS) to the bill H.R. amendment intended to be proposed to
SA 891 proposed by Mr. SCHUMER (for him- 1319, supra; which was ordered to lie on the amendment SA 891 proposed by Mr. SCHUMER
self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, table. (for himself, Mr. WYDEN, Mrs. MURRAY, Mr.
SA 928. Mr. MARSHALL submitted an BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT-
Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms.
amendment intended to be proposed to WELL, Ms. STABENOW, Mr. TESTER, Mr.
STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr.
amendment SA 891 proposed by Mr. SCHUMER MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr.
SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr.
(for himself, Mr. WYDEN, Mrs. MURRAY, Mr. LEAHY, and Mr. SANDERS) to the bill H.R.
SANDERS) to the bill H.R. 1319, supra; which
BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT- 1319, supra; which was ordered to lie on the
was ordered to lie on the table.
WELL, Ms. STABENOW, Mr. TESTER, Mr. table.
SA 919. Ms. ERNST submitted an amend-
MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr. SA 938. Mr. JOHNSON submitted an
ment intended to be proposed to amendment
LEAHY, and Mr. SANDERS) to the bill H.R. amendment intended to be proposed to
SA 891 proposed by Mr. SCHUMER (for him-
1319, supra; which was ordered to lie on the amendment SA 891 proposed by Mr. SCHUMER
self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN,
table. (for himself, Mr. WYDEN, Mrs. MURRAY, Mr.
Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. SA 929. Mr. MARSHALL submitted an BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT-
STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr. amendment intended to be proposed to WELL, Ms. STABENOW, Mr. TESTER, Mr.
SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. amendment SA 891 proposed by Mr. SCHUMER MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr.
SANDERS) to the bill H.R. 1319, supra; which (for himself, Mr. WYDEN, Mrs. MURRAY, Mr. LEAHY, and Mr. SANDERS) to the bill H.R.
was ordered to lie on the table. BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT- 1319, supra; which was ordered to lie on the
SA 920. Ms. ERNST submitted an amend- WELL, Ms. STABENOW, Mr. TESTER, Mr. table.
ment intended to be proposed to amendment MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr. SA 939. Mr. SCOTT, of Florida submitted
SA 891 proposed by Mr. SCHUMER (for him- LEAHY, and Mr. SANDERS) to the bill H.R. an amendment intended to be proposed to
self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, 1319, supra; which was ordered to lie on the amendment SA 891 proposed by Mr. SCHUMER
Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. table. (for himself, Mr. WYDEN, Mrs. MURRAY, Mr.
STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr. SA 930. Mr. MARSHALL (for himself, Mr. BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT-
SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. KENNEDY, Mrs. BLACKBURN, Mr. BRAUN, Mr. WELL, Ms. STABENOW, Mr. TESTER, Mr.
SANDERS) to the bill H.R. 1319, supra; which ROMNEY, Mr. YOUNG, Mr. GRASSLEY, and Mr. MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr.
was ordered to lie on the table. COTTON) submitted an amendment intended LEAHY, and Mr. SANDERS) to the bill H.R.
SA 921. Ms. ERNST submitted an amend- to be proposed by him to the bill H.R. 1319, 1319, supra; which was ordered to lie on the
ment intended to be proposed to amendment supra; which was ordered to lie on the table. table.
SA 891 proposed by Mr. SCHUMER (for him- SA 931. Mr. MARSHALL submitted an SA 940. Mr. SCOTT, of Florida submitted
self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, amendment intended to be proposed to an amendment intended to be proposed to
Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. amendment SA 891 proposed by Mr. SCHUMER amendment SA 891 proposed by Mr. SCHUMER
STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr. (for himself, Mr. WYDEN, Mrs. MURRAY, Mr. (for himself, Mr. WYDEN, Mrs. MURRAY, Mr.
SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT- BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT-
SANDERS) to the bill H.R. 1319, supra; which WELL, Ms. STABENOW, Mr. TESTER, Mr. WELL, Ms. STABENOW, Mr. TESTER, Mr.
was ordered to lie on the table. MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr. MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr.
SA 922. Mr. TOOMEY submitted an amend- LEAHY, and Mr. SANDERS) to the bill H.R. LEAHY, and Mr. SANDERS) to the bill H.R.
ment intended to be proposed to amendment 1319, supra; which was ordered to lie on the 1319, supra; which was ordered to lie on the
SA 891 proposed by Mr. SCHUMER (for him- table. table.
self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, SA 932. Mr. MARSHALL submitted an SA 941. Mr. SCOTT, of Florida submitted
Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. amendment intended to be proposed to an amendment intended to be proposed to
STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr. amendment SA 891 proposed by Mr. SCHUMER amendment SA 891 proposed by Mr. SCHUMER
SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. (for himself, Mr. WYDEN, Mrs. MURRAY, Mr. (for himself, Mr. WYDEN, Mrs. MURRAY, Mr.
SANDERS) to the bill H.R. 1319, supra; which BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT- BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT-
was ordered to lie on the table. WELL, Ms. STABENOW, Mr. TESTER, Mr. WELL, Ms. STABENOW, Mr. TESTER, Mr.
SA 923. Mr. TOOMEY submitted an amend- MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr. MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr.
ment intended to be proposed to amendment LEAHY, and Mr. SANDERS) to the bill H.R. LEAHY, and Mr. SANDERS) to the bill H.R.
SA 891 proposed by Mr. SCHUMER (for him- 1319, supra; which was ordered to lie on the 1319, supra; which was ordered to lie on the
self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, table. table.
Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. SA 933. Mr. MARSHALL submitted an SA 942. Mr. SCOTT, of Florida submitted
STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr. amendment intended to be proposed to an amendment intended to be proposed to
SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. amendment SA 891 proposed by Mr. SCHUMER amendment SA 891 proposed by Mr. SCHUMER
SANDERS) to the bill H.R. 1319, supra; which (for himself, Mr. WYDEN, Mrs. MURRAY, Mr. (for himself, Mr. WYDEN, Mrs. MURRAY, Mr.
SSpencer on DSK126QN23PROD with SENATE
was ordered to lie on the table. BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT- BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT-
SA 924. Mr. TOOMEY submitted an amend- WELL, Ms. STABENOW, Mr. TESTER, Mr. WELL, Ms. STABENOW, Mr. TESTER, Mr.
ment intended to be proposed to amendment MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr. MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr.
SA 891 proposed by Mr. SCHUMER (for him- LEAHY, and Mr. SANDERS) to the bill H.R. LEAHY, and Mr. SANDERS) to the bill H.R.
self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, 1319, supra; which was ordered to lie on the 1319, supra; which was ordered to lie on the
Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. table. table.
STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr. SA 934. Mr. CORNYN submitted an amend- SA 943. Mrs. FISCHER submitted an
SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. ment intended to be proposed to amendment amendment intended to be proposed to
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00089 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.028 S04MRPT1
S1126 CORRECTION CONGRESSIONAL RECORD — SENATE March 4, 2021
amendment SA 891 proposed by Mr. SCHUMER SA 953. Mr. MARSHALL submitted an SANDERS) to the bill H.R. 1319, supra; which
(for himself, Mr. WYDEN, Mrs. MURRAY, Mr. amendment intended to be proposed to was ordered to lie on the table.
BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT- amendment SA 891 proposed by Mr. SCHUMER SA 962. Mr. CRAMER submitted an amend-
WELL, Ms. STABENOW, Mr. TESTER, Mr. (for himself, Mr. WYDEN, Mrs. MURRAY, Mr. ment intended to be proposed to amendment
MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr. BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT- SA 891 proposed by Mr. SCHUMER (for him-
LEAHY, and Mr. SANDERS) to the bill H.R. WELL, Ms. STABENOW, Mr. TESTER, Mr. self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN,
1319, supra; which was ordered to lie on the MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr. Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms.
table. LEAHY, and Mr. SANDERS) to the bill H.R. STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr.
SA 944. Mrs. FISCHER submitted an 1319, supra; which was ordered to lie on the SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr.
amendment intended to be proposed to table. SANDERS) to the bill H.R. 1319, supra; which
amendment SA 891 proposed by Mr. SCHUMER SA 954. Mr. DAINES (for himself, Mr. was ordered to lie on the table.
(for himself, Mr. WYDEN, Mrs. MURRAY, Mr. LANKFORD, and Mr. ROMNEY) submitted an SA 963. Mr. CRAMER submitted an amend-
BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT- amendment intended to be proposed to ment intended to be proposed to amendment
WELL, Ms. STABENOW, Mr. TESTER, Mr. amendment SA 891 proposed by Mr. SCHUMER SA 891 proposed by Mr. SCHUMER (for him-
MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr. (for himself, Mr. WYDEN, Mrs. MURRAY, Mr. self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN,
BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT- Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms.
LEAHY, and Mr. SANDERS) to the bill H.R.
STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr.
1319, supra; which was ordered to lie on the WELL, Ms. STABENOW, Mr. TESTER, Mr.
SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr.
table. MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr.
SA 945. Mr. THUNE submitted an amend- SANDERS) to the bill H.R. 1319, supra; which
LEAHY, and Mr. SANDERS) to the bill H.R.
was ordered to lie on the table.
ment intended to be proposed to amendment 1319, supra; which was ordered to lie on the SA 964. Mr. CRAMER submitted an amend-
SA 891 proposed by Mr. SCHUMER (for him- table. ment intended to be proposed to amendment
self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, SA 955. Mr. DAINES (for himself and Mr. SA 891 proposed by Mr. SCHUMER (for him-
Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. SCOTT of South Carolina) submitted an self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN,
STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr. amendment intended to be proposed to Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms.
SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. amendment SA 891 proposed by Mr. SCHUMER STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr.
SANDERS) to the bill H.R. 1319, supra; which (for himself, Mr. WYDEN, Mrs. MURRAY, Mr. SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr.
was ordered to lie on the table. BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT- SANDERS) to the bill H.R. 1319, supra; which
SA 946. Mr. THUNE submitted an amend- WELL, Ms. STABENOW, Mr. TESTER, Mr. was ordered to lie on the table.
ment intended to be proposed by him to the MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr. SA 965. Mr. CRAMER submitted an amend-
bill H.R. 1319, supra; which was ordered to lie LEAHY, and Mr. SANDERS) to the bill H.R. ment intended to be proposed to amendment
on the table. 1319, supra; which was ordered to lie on the SA 891 proposed by Mr. SCHUMER (for him-
SA 947. Mr. THUNE (for himself and Mr. table. self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN,
PORTMAN) submitted an amendment intended SA 956. Mr. DAINES submitted an amend- Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms.
to be proposed to amendment SA 891 pro- ment intended to be proposed to amendment STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr.
posed by Mr. SCHUMER (for himself, Mr. SA 891 proposed by Mr. SCHUMER (for him- SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr.
WYDEN, Mrs. MURRAY, Mr. BROWN, Mr. self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, SANDERS) to the bill H.R. 1319, supra; which
PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. STA- Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. was ordered to lie on the table.
BENOW, Mr. TESTER, Mr. MENENDEZ, Mr. STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr. SA 966. Mr. CRAMER submitted an amend-
SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. ment intended to be proposed to amendment
SANDERS) to the bill H.R. 1319, supra; which SANDERS) to the bill H.R. 1319, supra; which SA 891 proposed by Mr. SCHUMER (for him-
was ordered to lie on the table. was ordered to lie on the table. self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN,
SA 948. Mr. THUNE submitted an amend- SA 957. Mr. DAINES submitted an amend- Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms.
ment intended to be proposed to amendment ment intended to be proposed to amendment STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr.
SA 891 proposed by Mr. SCHUMER (for him- SA 891 proposed by Mr. SCHUMER (for him- SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr.
self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, SANDERS) to the bill H.R. 1319, supra; which
Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. was ordered to lie on the table.
STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr. STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr. SA 967. Mr. CRAMER submitted an amend-
SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. ment intended to be proposed to amendment
SANDERS) to the bill H.R. 1319, supra; which SANDERS) to the bill H.R. 1319, supra; which SA 891 proposed by Mr. SCHUMER (for him-
was ordered to lie on the table. was ordered to lie on the table. self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN,
SA 949. Mr. HOEVEN submitted an amend- SA 958. Mr. DAINES submitted an amend- Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms.
ment intended to be proposed to amendment ment intended to be proposed to amendment STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr.
SA 891 proposed by Mr. SCHUMER (for him- SA 891 proposed by Mr. SCHUMER (for him- SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr.
self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, SANDERS) to the bill H.R. 1319, supra; which
Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. was ordered to lie on the table.
STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr. STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr. SA 968. Mr. CRUZ submitted an amend-
SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. ment intended to be proposed to amendment
SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr.
SA 891 proposed by Mr. SCHUMER (for him-
SANDERS) to the bill H.R. 1319, supra; which SANDERS) to the bill H.R. 1319, supra; which
self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN,
was ordered to lie on the table. was ordered to lie on the table.
SA 950. Mr. CRAPO submitted an amend- Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms.
SA 959. Mr. DAINES (for himself, Mr.
STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr.
ment intended to be proposed to amendment TOOMEY, and Mr. CRAMER) submitted an
SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr.
SA 891 proposed by Mr. SCHUMER (for him- amendment intended to be proposed to
SANDERS) to the bill H.R. 1319, supra; which
self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, amendment SA 891 proposed by Mr. SCHUMER
was ordered to lie on the table.
Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. (for himself, Mr. WYDEN, Mrs. MURRAY, Mr. SA 969. Mr. CRUZ submitted an amend-
STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr. BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT- ment intended to be proposed to amendment
SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. WELL, Ms. STABENOW, Mr. TESTER, Mr. SA 891 proposed by Mr. SCHUMER (for him-
SANDERS) to the bill H.R. 1319, supra; which MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr. self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN,
was ordered to lie on the table. LEAHY, and Mr. SANDERS) to the bill H.R. Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms.
SA 951. Mr. MARSHALL submitted an 1319, supra; which was ordered to lie on the STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr.
amendment intended to be proposed to table. SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr.
amendment SA 891 proposed by Mr. SCHUMER SA 960. Mr. DAINES (for himself, Mr. SANDERS) to the bill H.R. 1319, supra; which
(for himself, Mr. WYDEN, Mrs. MURRAY, Mr. RISCH, and Mr. CRAMER) submitted an was ordered to lie on the table.
BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT- amendment intended to be proposed to SA 970. Mr. CRUZ submitted an amend-
WELL, Ms. STABENOW, Mr. TESTER, Mr. amendment SA 891 proposed by Mr. SCHUMER ment intended to be proposed to amendment
MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr. (for himself, Mr. WYDEN, Mrs. MURRAY, Mr. SA 891 proposed by Mr. SCHUMER (for him-
LEAHY, and Mr. SANDERS) to the bill H.R. BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT- self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN,
sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE
1319, supra; which was ordered to lie on the WELL, Ms. STABENOW, Mr. TESTER, Mr. Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms.
table. MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr. STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr.
SA 952. Mr. MARSHALL submitted an LEAHY, and Mr. SANDERS) to the bill H.R. SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr.
amendment intended to be proposed to 1319, supra; which was ordered to lie on the SANDERS) to the bill H.R. 1319, supra; which
amendment SA 891 proposed by Mr. SCHUMER table. was ordered to lie on the table.
(for himself, Mr. WYDEN, Mrs. MURRAY, Mr. SA 961. Mr. CRAMER submitted an amend- SA 971. Mrs. HYDE–SMITH submitted an
BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT- ment intended to be proposed to amendment amendment intended to be proposed to
WELL, Ms. STABENOW, Mr. TESTER, Mr. SA 891 proposed by Mr. SCHUMER (for him- amendment SA 891 proposed by Mr. SCHUMER
MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr. self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, (for himself, Mr. WYDEN, Mrs. MURRAY, Mr.
LEAHY, and Mr. SANDERS) to the bill H.R. Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT-
1319, supra; which was ordered to lie on the STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr. WELL, Ms. STABENOW, Mr. TESTER, Mr.
table. SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr.
VerDate Sep 11 2014 23:24 Jun 02, 2021 Jkt 019060 PO 00000 Frm 00090 Fmt 0637 Sfmt 0634 E:\RECORD21\MARCH\S04MR1.REC S04MR1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1127
LEAHY, and Mr. SANDERS) to the bill H.R. self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, SA 990. Mr. BRAUN submitted an amend-
1319, supra; which was ordered to lie on the Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. ment intended to be proposed to amendment
table. STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr. SA 891 proposed by Mr. SCHUMER (for him-
SA 972. Mr. SANDERS (for himself, Mr. SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN,
SCHUMER, Mrs. MURRAY, Mr. WYDEN, Ms. SANDERS) to the bill H.R. 1319, supra; which Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms.
BALDWIN, Mr. BLUMENTHAL, Mr. BOOKER, Mr. was ordered to lie on the table. STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr.
BROWN, Ms. CANTWELL, Mr. CASEY, Ms. SA 981. Mr. BRAUN submitted an amend- SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr.
DUCKWORTH, Mr. DURBIN, Mrs. FEINSTEIN, ment intended to be proposed to amendment SANDERS) to the bill H.R. 1319, supra; which
Mrs. GILLIBRAND, Ms. HIRONO, Mr. KAINE, Mr. SA 891 proposed by Mr. SCHUMER (for him- was ordered to lie on the table.
LEAHY, Mr. MARKEY, Mr. MERKLEY, Mr. MUR- self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, SA 991. Mr. BRAUN submitted an amend-
PHY, Mr. OSSOFF, Mr. PADILLA, Mr. PETERS, Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. ment intended to be proposed to amendment
Mr. REED, Mr. SCHATZ, Ms. SMITH, Mr. VAN STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr. SA 891 proposed by Mr. SCHUMER (for him-
HOLLEN, Mr. WARNOCK, Ms. WARREN, and Mr. SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN,
WHITEHOUSE) submitted an amendment in- SANDERS) to the bill H.R. 1319, supra; which Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms.
tended to be proposed to amendment SA 891 was ordered to lie on the table. STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr.
proposed by Mr. SCHUMER (for himself, Mr. SA 982. Mr. BRAUN submitted an amend- SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr.
WYDEN, Mrs. MURRAY, Mr. BROWN, Mr. ment intended to be proposed to amendment SANDERS) to the bill H.R. 1319, supra; which
PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. STA- SA 891 proposed by Mr. SCHUMER (for him- was ordered to lie on the table.
BENOW, Mr. TESTER, Mr. MENENDEZ, Mr. self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, SA 992. Mr. BRAUN submitted an amend-
SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. ment intended to be proposed to amendment
SANDERS) to the bill H.R. 1319, supra; which STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr. SA 891 proposed by Mr. SCHUMER (for him-
was ordered to lie on the table. SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN,
SA 973. Mr. BRAUN submitted an amend- SANDERS) to the bill H.R. 1319, supra; which Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms.
ment intended to be proposed to amendment was ordered to lie on the table. STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr.
SA 891 proposed by Mr. SCHUMER (for him- SA 983. Mr. BRAUN submitted an amend- SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr.
self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, ment intended to be proposed to amendment SANDERS) to the bill H.R. 1319, supra; which
Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. SA 891 proposed by Mr. SCHUMER (for him- was ordered to lie on the table.
STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr. self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, SA 993. Mr. JOHNSON submitted an
SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. amendment intended to be proposed to
SANDERS) to the bill H.R. 1319, supra; which STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr. amendment SA 891 proposed by Mr. SCHUMER
was ordered to lie on the table. SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. (for himself, Mr. WYDEN, Mrs. MURRAY, Mr.
SA 974. Mr. BRAUN submitted an amend- SANDERS) to the bill H.R. 1319, supra; which BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT-
ment intended to be proposed to amendment was ordered to lie on the table. WELL, Ms. STABENOW, Mr. TESTER, Mr.
SA 891 proposed by Mr. SCHUMER (for him- SA 984. Mr. BRAUN submitted an amend- MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr.
self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, ment intended to be proposed to amendment LEAHY, and Mr. SANDERS) to the bill H.R.
Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. SA 891 proposed by Mr. SCHUMER (for him- 1319, supra; which was ordered to lie on the
STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr. self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, table.
SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. SA 994. Mr. JOHNSON submitted an
SANDERS) to the bill H.R. 1319, supra; which STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr. amendment intended to be proposed to
was ordered to lie on the table. SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. amendment SA 891 proposed by Mr. SCHUMER
SA 975. Mr. BRAUN submitted an amend- SANDERS) to the bill H.R. 1319, supra; which (for himself, Mr. WYDEN, Mrs. MURRAY, Mr.
ment intended to be proposed to amendment was ordered to lie on the table. BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT-
SA 891 proposed by Mr. SCHUMER (for him- SA 985. Mr. RISCH (for himself and Mr. WELL, Ms. STABENOW, Mr. TESTER, Mr.
self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, WICKER) submitted an amendment intended MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr.
Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. to be proposed to amendment SA 891 pro- LEAHY, and Mr. SANDERS) to the bill H.R.
STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr. posed by Mr. SCHUMER (for himself, Mr. 1319, supra; which was ordered to lie on the
SCHATZ, Mr. CARPER, Mr. LEAHY , and Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, Mr. table.
SANDERS) to the bill H.R. 1319, supra; which PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. STA- SA 995. Mr. JOHNSON submitted an
was ordered to lie on the table. BENOW, Mr. TESTER, Mr. MENENDEZ, Mr. amendment intended to be proposed to
SA 976. Mr. BRAUN submitted an amend- SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. amendment SA 891 proposed by Mr. SCHUMER
ment intended to be proposed to amendment SANDERS) to the bill H.R. 1319, supra; which (for himself, Mr. WYDEN, Mrs. MURRAY, Mr.
SA 891 proposed by Mr. SCHUMER (for him- was ordered to lie on the table. BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT-
self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, SA 986. Mr. SASSE submitted an amend- WELL, Ms. STABENOW, Mr. TESTER, Mr.
Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. ment intended to be proposed to amendment MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr.
STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr. SA 891 proposed by Mr. SCHUMER (for him- LEAHY, and Mr. SANDERS) to the bill H.R.
SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, 1319, supra; which was ordered to lie on the
SANDERS) to the bill H.R. 1319, supra; which Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. table.
was ordered to lie on the table. STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr. SA 996. Mrs. BLACKBURN (for herself, Mr.
SA 977. Mr. BRAUN submitted an amend- SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. SHELBY, Mr. TUBERVILLE, Mr. CORNYN, and
ment intended to be proposed to amendment SANDERS) to the bill H.R. 1319, supra; which Mr. HAGERTY) submitted an amendment in-
SA 891 proposed by Mr. SCHUMER (for him- was ordered to lie on the table. tended to be proposed to amendment SA 891
self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, SA 987. Mr. SASSE submitted an amend- proposed by Mr. SCHUMER (for himself, Mr.
Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. ment intended to be proposed to amendment WYDEN, Mrs. MURRAY, Mr. BROWN, Mr.
STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr. SA 891 proposed by Mr. SCHUMER (for him- PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. STA-
SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, BENOW, Mr. TESTER, Mr. MENENDEZ, Mr.
SANDERS) to the bill H.R. 1319, supra; which Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr.
was ordered to lie on the table. STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr. SANDERS) to the bill H.R. 1319, supra; which
SA 978. Mr. BRAUN submitted an amend- SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. was ordered to lie on the table.
ment intended to be proposed to amendment SANDERS) to the bill H.R. 1319, supra; which SA 997. Mrs. BLACKBURN submitted an
SA 891 proposed by Mr. SCHUMER (for him- was ordered to lie on the table. amendment intended to be proposed to
self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, SA 988. Mr. SASSE submitted an amend- amendment SA 891 proposed by Mr. SCHUMER
Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. ment intended to be proposed to amendment (for himself, Mr. WYDEN, Mrs. MURRAY, Mr.
STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr. SA 891 proposed by Mr. SCHUMER (for him- BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT-
SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, WELL, Ms. STABENOW, Mr. TESTER, Mr.
SANDERS) to the bill H.R. 1319, supra; which Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr.
was ordered to lie on the table. STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr. LEAHY, and Mr. SANDERS) to the bill H.R.
SA 979. Mr. BRAUN submitted an amend- SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. 1319, supra; which was ordered to lie on the
ment intended to be proposed to amendment SANDERS) to the bill H.R. 1319, supra; which table.
SA 891 proposed by Mr. SCHUMER (for him- was ordered to lie on the table. SA 998. Mrs. BLACKBURN submitted an
self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, SA 989. Mr. BRAUN submitted an amend- amendment intended to be proposed to
SSpencer on DSK126QN23PROD with SENATE
Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. ment intended to be proposed to amendment amendment SA 891 proposed by Mr. SCHUMER
STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr. SA 891 proposed by Mr. SCHUMER (for him- (for himself, Mr. WYDEN, Mrs. MURRAY, Mr.
SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. self, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT-
SANDERS) to the bill H.R. 1319, supra; which Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. WELL, Ms. STABENOW, Mr. TESTER, Mr.
was ordered to lie on the table. STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr. MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr.
SA 980. Mr. BRAUN submitted an amend- SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. LEAHY, and Mr. SANDERS) to the bill H.R.
ment intended to be proposed to amendment SANDERS) to the bill H.R. 1319, supra; which 1319, supra; which was ordered to lie on the
SA 891 proposed by Mr. SCHUMER (for him- was ordered to lie on the table. table.
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00091 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.033 S04MRPT1
S1128 CONGRESSIONAL RECORD — SENATE March 4, 2021
SA 999. Mrs. BLACKBURN submitted an TITLE II—COMMITTEE ON HEALTH, Subtitle H—Mental Health and Substance
amendment intended to be proposed to EDUCATION, LABOR, AND PENSIONS Use Disorder
amendment SA 891 proposed by Mr. SCHUMER Subtitle A—Education Matters Sec. 2701. Funding for block grants for com-
(for himself, Mr. WYDEN, Mrs. MURRAY, Mr. munity mental health services.
PART 1—DEPARTMENT OF EDUCATION
BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT- Sec. 2702. Funding for block grants for pre-
WELL, Ms. STABENOW, Mr. TESTER, Mr. Sec. 2001. Elementary and Secondary School
vention and treatment of sub-
MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr. Emergency Relief Fund.
stance abuse.
LEAHY, and Mr. SANDERS) to the bill H.R. Sec. 2002. Emergency assistance to non-pub-
Sec. 2703. Funding for mental health and
1319, supra; which was ordered to lie on the lic schools.
substance use disorder training
table. Sec. 2003. Higher Education Emergency Re-
for health care professionals,
SA 1000. Mrs. BLACKBURN submitted an lief Fund.
paraprofessionals, and public
amendment intended to be proposed to Sec. 2004. Maintenance of effort and mainte-
safety officers.
amendment SA 891 proposed by Mr. SCHUMER nance of equity.
Sec. 2704. Funding for education and aware-
(for himself, Mr. WYDEN, Mrs. MURRAY, Mr. Sec. 2005. Outlying areas.
ness campaign encouraging
BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT- Sec. 2006. Gallaudet University.
healthy work conditions and
WELL, Ms. STABENOW, Mr. TESTER, Mr. Sec. 2007. Student aid administration.
use of mental health and sub-
MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr. Sec. 2008. Howard University.
stance use disorder services by
LEAHY, and Mr. SANDERS) to the bill H.R. Sec. 2009. National Technical Institute for
health care professionals.
1319, supra; which was ordered to lie on the the Deaf.
Sec. 2705. Funding for grants for health care
table. Sec. 2010. Institute of Education Sciences.
providers to promote mental
Sec. 2011. Program administration.
health among their health pro-
Sec. 2012. Office of Inspector General.
f Sec. 2013. Modification of revenue require-
fessional workforce.
Sec. 2706. Funding for community-based
ments for proprietary institu- funding for local substance use
TEXT OF AMENDMENTS tions of higher education. disorder services.
SA 891. Mr. SCHUMER (for himself, PART 2—MISCELLANEOUS Sec. 2707. Funding for community-based
Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, Sec. 2021. National Endowment for the Arts. funding for local behavioral
Sec. 2022. National Endowment for the Hu- health needs.
Mr. PETERS, Mr. CARDIN, Ms. CANT- Sec. 2708. Funding for the National Child
manities.
WELL, Ms. STABENOW, Mr. TESTER, Mr. Traumatic Stress Network.
Sec. 2023. Institute of Museum and Library
MENENDEZ, Mr. SCHATZ, Mr. CARPER, Services. Sec. 2709. Funding for Project AWARE.
Mr. LEAHY, and Mr. SANDERS) proposed Subtitle B—Labor Matters Sec. 2710. Funding for youth suicide preven-
an amendment to the bill H.R. 1319, to tion.
Sec. 2101. Funding for Department of Labor Sec. 2711. Funding for behavioral health
provide for reconciliation pursuant to worker protection activities.
title II of S. Con. Res. 5; as follows: workforce education and train-
Subtitle C—Human Services and Community ing.
Strike all after the first word and insert Supports Sec. 2712. Funding for pediatric mental
the following: health care access.
Sec. 2201. Child Care and Development Block
TITLE. Sec. 2713. Funding for expansion grants for
Grant Program.
This Act may be cited as the ‘‘American Sec. 2202. Child Care Stabilization. certified community behavioral
Rescue Plan Act of 2021’’ Sec. 2203. Head Start. health clinics.
. Sec. 2204. Programs for survivors. Subtitle I—Exchange Grant Program
SEC. 2. TABLE OF CONTENTS. Sec. 2205. Child abuse prevention and treat- Sec. 2801. Establishing a grant program for
The table of contents for this Act is as fol- ment. Exchange modernization.
lows: Sec. 2206. Corporation for National and Com-
Subtitle J—Continued Assistance to Rail
Sec. 1. Short title. munity Service and the Na-
Workers
Sec. 2. Table of contents. tional Service Trust.
Sec. 2901. Additional enhanced benefits
TITLE I—COMMITTEE ON AGRICULTURE, Subtitle D—Public Health
under the Railroad Unemploy-
NUTRITION, AND FORESTRY Sec. 2301. Funding for COVID–19 vaccine ac- ment Insurance Act.
Subtitle A—Agriculture tivities at the Centers for Dis- Sec. 2902. Extended unemployment benefits
ease Control and Prevention. under the Railroad Unemploy-
Sec. 1001. Food supply chain and agriculture Sec. 2302. Funding for vaccine confidence ac-
pandemic response. ment Insurance Act.
tivities. Sec. 2903. Extension of waiver of the 7-day
Sec. 1002. Emergency rural development Sec. 2303. Funding for supply chain for
grants for rural health care. waiting period for benefits
COVID–19 vaccines, thera- under the Railroad Unemploy-
Sec. 1003. Pandemic program administration peutics, and medical supplies.
funds. ment Insurance Act.
Sec. 2304. Funding for COVID–19 vaccine, Sec. 2904. Railroad Retirement Board and
Sec. 1004. Funding for the USDA Office of In- therapeutic, and device activi- Office of the Inspector General
spector General for oversight of ties at the Food and Drug Ad- funding.
COVID–19-related programs. ministration.
Sec. 1005. Farm loan assistance for socially Subtitle K—Ratepayer Protection
Sec. 2305. Reduced cost-sharing.
disadvantaged farmers and Sec. 2911. Funding for LIHEAP.
Subtitle E—Testing
ranchers. Sec. 2912. Funding for water assistance pro-
Sec. 1006. USDA assistance and support for Sec. 2401. Funding for COVID–19 testing, gram.
socially disadvantaged farmers, contact tracing, and mitigation
Subtitle L—Assistance for Older Americans,
ranchers, forest land owners activities.
Grandfamilies, and Kinship Families
and operators, and groups. Sec. 2402. Funding for SARS–CoV–2 genomic
sequencing and surveillance. Sec. 2921. Supporting older americans and
Sec. 1007. Use of the Commodity Credit Cor-
Sec. 2403. Funding for global health. their families.
poration for commodities and
Sec. 2404. Funding for data modernization Sec. 2922. National Technical Assistance
associated expenses.
and forecasting center. Center on Grandfamilies and
Subtitle B—Nutrition Kinship Families.
Subtitle F—Public Health Workforce
Sec. 1101. Supplemental nutrition assistance TITLE III—COMMITTEE ON BANKING,
program. Sec. 2501. Funding for public health work-
HOUSING, AND URBAN AFFAIRS
Sec. 1102. Additional assistance for SNAP force.
Sec. 2502. Funding for Medical Reserve Subtitle A—Defense Production Act of 1950
online purchasing and tech-
nology improvements. Corps. Sec. 3101. COVID–19 emergency medical sup-
Sec. 1103. Additional funding for nutrition Subtitle G—Public Health Investments plies enhancement.
assistance programs. Sec. 2601. Funding for community health Subtitle B—Housing Provisions
SSpencer on DSK126QN23PROD with SENATE
Sec. 1104. Commodity supplemental food centers and community care. Sec. 3201. Emergency rental assistance.
program. Sec. 2602. Funding for National Health Serv- Sec. 3202. Emergency housing vouchers.
Sec. 1105. Improvements to WIC benefits. ice Corps. Sec. 3203. Emergency assistance for rural
Sec. 1106. WIC program modernization. Sec. 2603. Funding for Nurse Corps. housing.
Sec. 1107. Meals and supplements reimburse- Sec. 2604. Funding for teaching health cen- Sec. 3204. Housing counseling.
ments for individuals who have ters that operate graduate med- Sec. 3205. Homelessness assistance and sup-
not attained the age of 25. ical education. portive services program.
Sec. 1108. Pandemic EBT program. Sec. 2605. Funding for family planning. Sec. 3206. Homeowner Assistance Fund.
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00092 Fmt 0637 Sfmt 0655 E:\CR\FM\A04MR6.035 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1129
Sec. 3207. Relief measures for section 502 and Sec. 7403. Funding for Department of Com- Subtitle D—Elder Justice and Support
504 direct loan borrowers. merce Inspector General. Guarantee
Sec. 3208. Fair housing activities. Sec. 7404. Federal Trade Commission fund- Sec. 9301. Additional funding for aging and
Subtitle C—Small Business (SSBCI) ing for COVID–19 related work. disability services programs.
Sec. 3301. State Small Business Credit Ini- Subtitle E—Science and Technology Subtitle E—Support to Skilled Nursing
tiative. Sec. 7501. National Institute of Standards Facilities in Response to COVID–19
Subtitle D—Public Transportation and Technology. Sec. 9401. Providing for infection control
Sec. 7502. National Science Foundation. support to skilled nursing fa-
Sec. 3401. Federal Transit Administration
grants. Subtitle F—Corporation for Public cilities through contracts with
Broadcasting quality improvement organiza-
TITLE IV—COMMITTEE ON HOMELAND
Sec. 7601. Support for the Corporation for tions.
SECURITY AND GOVERNMENTAL AF- Sec. 9402. Funding for strike teams for resi-
FAIRS Public Broadcasting.
TITLE VIII—COMMITTEE ON VETERANS’ dent and employee safety in
Sec. 4001. Emergency Federal Employee skilled nursing facilities.
Leave Fund. AFFAIRS
Sec. 8001. Funding for claims and appeals Subtitle F—Preserving Health Benefits for
Sec. 4002. Funding for the Government Ac- Workers
countability Office. processing.
Sec. 4003. Pandemic Response Account- Sec. 8002. Funding availability for medical Sec. 9501. Preserving health benefits for
ability Committee funding care and health needs. workers.
availability. Sec. 8003. Funding for supply chain mod- Subtitle G—Promoting Economic Security
Sec. 4004. Funding for the White House. ernization. PART 1—2021 RECOVERY REBATES TO
Sec. 4005. Federal Emergency Management Sec. 8004. Funding for State homes. INDIVIDUALS
Agency appropriation. Sec. 8005. Funding for the Department of
Veterans Affairs Office of In- Sec. 9601. 2021 recovery rebates to individ-
Sec. 4006. Funeral assistance. uals.
Sec. 4007. Emergency food and shelter pro- spector General.
Sec. 8006. Covid–19 veteran rapid retraining PART 2—CHILD TAX CREDIT
gram funding.
Sec. 4008. Humanitarian relief. assistance program. Sec. 9611. Child tax credit improvements for
Sec. 4009. Cybersecurity and Infrastructure Sec. 8007. Prohibition on copayments and 2021.
Security Agency. cost sharing for veterans during Sec. 9612. Application of child tax credit in
Sec. 4010. Appropriation for the United emergency relating to COVID– possessions.
States Digital Service. 19. PART 3—EARNED INCOME TAX CREDIT
Sec. 4011. Appropriation for the Technology Sec. 8008. Emergency Department of Vet-
Sec. 9621. Strengthening the earned income
Modernization Fund. erans Affairs Employee Leave
tax credit for individuals with
Sec. 4012. Appropriation for the Federal Cit- Fund.
no qualifying children.
izen Services Fund. TITLE IX—COMMITTEE ON FINANCE Sec. 9622. Taxpayer eligible for childless
Sec. 4013. AFG and SAFER program funding. Subtitle A—Crisis Support for Unemployed earned income credit in case of
Sec. 4014. Emergency management perform- Workers qualifying children who fail to
ance grant funding. PART 1—EXTENSION OF CARES ACT meet certain identification re-
TITLE V—COMMITTEE ON SMALL UNEMPLOYMENT PROVISIONS quirements.
BUSINESS AND ENTREPRENEURSHIP Sec. 9011. Extension of Pandemic Unemploy- Sec. 9623. Credit allowed in case of certain
Sec. 5001. Modifications to paycheck protec- ment Assistance. separated spouses.
tion program. Sec. 9012. Extension of emergency unem- Sec. 9624. Modification of disqualified in-
Sec. 5002. Targeted EIDL advance. ployment relief for govern- vestment income test.
Sec. 5003. Support for restaurants. mental entities and nonprofit Sec. 9625. Application of earned income tax
Sec. 5004. Community navigator pilot pro- organizations. credit in possessions of the
gram. Sec. 9013. Extension of Federal Pandemic United States.
Sec. 5005. Shuttered venue operators. Unemployment Compensation. Sec. 9626. Temporary special rule for deter-
Sec. 5006. Direct appropriations. Sec. 9014. Extension of full Federal funding mining earned income for pur-
of the first week of compen- poses of earned income tax
TITLE VI—COMMITTEE ON credit.
ENVIRONMENT AND PUBLIC WORKS sable regular unemployment for
States with no waiting week. PART 4—DEPENDENT CARE ASSISTANCE
Sec. 6001. Economic adjustment assistance.
Sec. 9015. Extension of emergency State Sec. 9631. Refundability and enhancement of
Sec. 6002. Funding for pollution and dis-
staffing flexibility. child and dependent care tax
parate impacts of the COVID–19
Sec. 9016. Extension of pandemic emergency credit.
pandemic.
unemployment compensation. Sec. 9632. Increase in exclusion for em-
Sec. 6003. United States Fish and Wildlife
Sec. 9017. Extension of temporary financing ployer-provided dependent care
Service.
of short-time compensation assistance.
TITLE VII—COMMITTEE ON COMMERCE, payments in States with pro- PART 5—CREDITS FOR PAID SICK AND FAMILY
SCIENCE, AND TRANSPORTATION grams in law. LEAVE
Subtitle A—Transportation and Sec. 9018. Extension of temporary financing
of short-time compensation Sec. 9641. Payroll credits.
Infrastructure
Sec. 9642. Credit for sick leave for certain
Sec. 7101. Grants to the National Railroad agreements for States without
self-employed individuals.
Passenger Corporation. programs in law.
Sec. 9643. Credit for family leave for certain
Sec. 7102. Relief for airports. PART 2—EXTENSION OF FFCRA self-employed individuals.
Sec. 7103. Emergency FAA Employee Leave UNEMPLOYMENT PROVISIONS
PART 6—EMPLOYEE RETENTION CREDIT
Fund. Sec. 9021. Extension of temporary assistance
Sec. 7104. Emergency TSA Employee Leave Sec. 9651. Extension of employee retention
for States with advances.
Fund. credit.
Sec. 9022. Extension of full Federal funding
Subtitle B—Aviation Manufacturing Jobs of extended unemployment PART 7—PREMIUM TAX CREDIT
Protection compensation. Sec. 9661. Improving affordability by ex-
Sec. 7201. Definitions. PART 3—DEPARTMENT OF LABOR FUNDING panding premium assistance for
Sec. 7202. Payroll support program. FOR TIMELY, ACCURATE, AND EQUITABLE consumers.
PAYMENT Sec. 9662. Temporary modification of limita-
Subtitle C—Airlines tions on reconciliation of tax
Sec. 7301. Air Transportation Payroll Sup- Sec. 9031. Funding for administration.
credits for coverage under a
port Program Extension. Sec. 9032. Funding for fraud prevention, eq-
qualified health plan with ad-
uitable access, and timely pay-
Subtitle D—Consumer Protection and vance payments of such credit.
ment to eligible workers.
Commerce Oversight Sec. 9663. Application of premium tax credit
SSpencer on DSK126QN23PROD with SENATE
Subtitle B—Emergency Assistance to in case of individuals receiving
Sec. 7401. Funding for consumer product Families Through Home Visiting Programs
safety fund to protect con- unemployment compensation
Sec. 9101. Emergency assistance to families during 2021.
sumers from potentially dan-
through home visiting pro- PART 8—MISCELLANEOUS PROVISIONS
gerous products related to
grams.
COVID–19. Sec. 9671. Repeal of election to allocate in-
Sec. 7402. Funding for E-Rate support for Subtitle C—Emergency Assistance to terest, etc. on worldwide basis.
emergency educational connec- Children and Families Sec. 9672. Tax treatment of targeted EIDL
tions and devices. Sec. 9201. Pandemic Emergency Assistance. advances.
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00093 Fmt 0637 Sfmt 0655 E:\CR\FM\A04MR6.036 S04MRPT1
S1130 CONGRESSIONAL RECORD — SENATE March 4, 2021
Sec. 9673. Tax treatment of restaurant revi- Sec. 9833. Funding for Office of Inspector Reduction; Hazard Analysis and Critical
talization grants. General. Control Point (HACCP) Systems’’ published
Sec. 9674. Modification of exceptions for re- Subtitle M—Coronavirus State and Local in the Federal Register on July 25, 1996 (61
porting of third party network Fiscal Recovery Funds Fed. Reg. 38806).
transactions. (2) OVERTIME INSPECTION COST REDUCTION.—
Sec. 9675. Modification of treatment of stu- Sec. 9901. Coronavirus State and Local Fis-
Notwithstanding section 10703 of the Farm
dent loan forgiveness. cal Recovery Funds.
Security and Rural Investment Act of 2002 (7
Subtitle H—Pensions Subtitle N—Other Provisions U.S.C. 2219a), the Act of June 5, 1948 (21
Sec. 9701. Temporary delay of designation of Sec. 9911. Funding for providers relating to U.S.C. 695), section 25 of the Poultry Prod-
multiemployer plans as in en- COVID–19. ucts Inspection Act (21 U.S.C. 468), and sec-
dangered, critical, or critical Sec. 9912. Extension of customs user fees. tion 24 of the Egg Products Inspection Act
and declining status. TITLE X—COMMITTEE ON FOREIGN (21 U.S.C. 1053), and any regulations promul-
Sec. 9702. Temporary extension of the fund- RELATIONS gated by the Department of Agriculture im-
ing improvement and rehabili- Sec. 10001. Department of State operations. plementing such provisions of law and sub-
tation periods for multiem- Sec. 10002. United States Agency for Inter- ject to the availability of funds under para-
ployer pension plans in critical national Development oper- graph (3), the Secretary of Agriculture shall
and endangered status for 2020 ations. reduce the amount of overtime inspection
or 2021. Sec. 10003. Global response. costs borne by federally-inspected small es-
Sec. 9703. Adjustments to funding standard Sec. 10004. Humanitarian response. tablishments and very small establishments
account rules. Sec. 10005. Multilateral assistance. engaged in meat, poultry, or egg products
Sec. 9704. Special financial assistance pro- processing and subject to the requirements
TITLE XI—COMMITTEE ON INDIAN
gram for financially troubled of the Federal Meat Inspection Act (21 U.S.C.
AFFAIRS
multiemployer plans. 601 et seq.), the Poultry Products Inspection
Sec. 9705. Extended amortization for single Sec. 11001. Indian Health Service. Act (21 U.S.C. 451 et seq.), or the Egg Prod-
employer plans. Sec. 11002. Bureau of Indian Affairs. ucts Inspection Act (21 U.S.C. 1031 et seq.),
Sec. 9706. Extension of pension funding sta- Sec. 11003. Housing assistance and sup- for inspection activities carried out during
bilization percentages for single portive services programs for the period of fiscal years 2021 through 2030.
employer plans. Native Americans. (3) FUNDING.—Out of the amounts made
Sec. 9707. Modification of special rules for Sec. 11004. COVID–19 response resources for available under subsection (a), the Secretary
minimum funding standards for the preservation and mainte- shall use $100,000,000 to carry out this sub-
community newspaper plans. nance of Native American lan- section.
Sec. 9708. Expansion of limitation on exces- guages. SEC. 1002. EMERGENCY RURAL DEVELOPMENT
sive employee remuneration. Sec. 11005. Bureau of Indian Education. GRANTS FOR RURAL HEALTH CARE.
Subtitle I—Child Care for Workers Sec. 11006. American Indian, Native Hawai- (a) GRANTS.—The Secretary of Agriculture
Sec. 9801. Child care assistance. ian, and Alaska Native edu- (in this section referred to as the ‘‘Sec-
cation. retary’’) shall use the funds made available
Subtitle J—Medicaid
TITLE I—COMMITTEE ON AGRICULTURE, by this section to establish an emergency
Sec. 9811. Mandatory coverage of COVID–19
NUTRITION, AND FORESTRY pilot program for rural development not
vaccines and administration
Subtitle A—Agriculture later than 150 days after the date of enact-
and treatment under Medicaid.
ment of this Act to provide grants to eligible
Sec. 9812. Modifications to certain coverage SEC. 1001. FOOD SUPPLY CHAIN AND AGRI-
applicants (as defined in section 3570.61(a) of
under Medicaid for pregnant CULTURE PANDEMIC RESPONSE.
title 7, Code of Federal Regulations) to be
and postpartum women. (a) APPROPRIATION.—In addition to
Sec. 9813. State option to provide qualifying awarded by the Secretary based on rural de-
amounts otherwise available, there is appro-
community-based mobile crisis velopment needs related to the COVID–19
priated to the Secretary of Agriculture for pandemic.
intervention services. fiscal year 2021, out of any money in the (b) USES.—An eligible applicant to whom a
Sec. 9814. Temporary increase in FMAP for Treasury not otherwise appropriated, grant is awarded under this section may use
medical assistance under State $4,000,000,000, to remain available until ex- the grant funds for costs, including those in-
Medicaid plans which begin to pended, to carry out this section. curred prior to the issuance of the grant, as
expend amounts for certain (b) USE OF FUNDS.—The Secretary of Agri- determined by the Secretary, of facilities
mandatory individuals. culture shall use the amounts made avail- which primarily serve rural areas (as defined
Sec. 9815. Extension of 100 percent Federal able pursuant to subsection (a)— in section 343(a)(13)(C) of the Consolidated
medical assistance percentage (1) to purchase food and agricultural com- Farm and Rural Development Act (7 U.S.C.
to Urban Indian Health Organi- modities; 1991(a)(13)(C)), which are located in a rural
zations and Native Hawaiian (2) to purchase and distribute agricultural area, the median household income of the
Health Care Systems. commodities (including fresh produce, dairy, population to be served by which is less than
Sec. 9816. Sunset of limit on maximum re- seafood, eggs, and meat) to individuals in the greater of the poverty line or the appli-
bate amount for single source need, including through delivery to nonprofit cable percentage (determined under section
drugs and innovator multiple organizations and through restaurants and 3570.63(b) of title 7, Code of Federal Regula-
source drugs. other food related entities, as determined by
Sec. 9817. Additional support for Medicaid tions) of the State nonmetropolitan median
the Secretary, that may receive, store, proc- household income, and for which the per-
home and community-based ess, and distribute food items; formance of any construction work com-
services during the COVID–19 (3) to make grants and loans for small or pleted with grant funds shall meet the condi-
emergency. midsized food processors or distributors, sea-
Sec. 9818. Funding for State strike teams for tion set forth in section 9003(f) of the Farm
food processing facilities and processing ves- Security and Rural Investment Act of 2002 (7
resident and employee safety in
sels, farmers markets, producers, or other U.S.C. 8103(f)), to—
nursing facilities.
Sec. 9819. Special rule for the period of a de- organizations to respond to COVID–19, in- (1) increase capacity for vaccine distribu-
clared public health emergency cluding for measures to protect workers tion;
related to coronavirus. against COVID–19; and (2) provide medical supplies to increase
(4) to make loans and grants and provide medical surge capacity;
Subtitle K—Children’s Health Insurance other assistance to maintain and improve (3) reimburse for revenue lost during the
Program food and agricultural supply chain resil- COVID–19 pandemic, including revenue losses
Sec. 9821. Mandatory coverage of COVID–19 iency. incurred prior to the awarding of the grant;
vaccines and administration (c) ANIMAL HEALTH.— (4) increase telehealth capabilities, includ-
and treatment under CHIP. (1) COVID–19 ANIMAL SURVEILLANCE.—The ing underlying health care information sys-
Sec. 9822. Modifications to certain coverage Secretary of Agriculture shall conduct moni- tems;
under CHIP for pregnant and toring and surveillance of susceptible ani- (5) construct temporary or permanent
postpartum women. mals for incidence of SARS–CoV–2. structures to provide health care services,
Subtitle L—Medicare (2) FUNDING.—Out of the amounts made including vaccine administration or testing;
Sec. 9831. Floor on the Medicare area wage available under subsection (a), the Secretary (6) support staffing needs for vaccine ad-
SSpencer on DSK126QN23PROD with SENATE
index for hospitals in all-urban shall use $300,000,000 to carry out this sub- ministration or testing; and
States. section. (7) engage in any other efforts to support
Sec. 9832. Secretarial authority to tempo- (d) OVERTIME FEES.— rural development determined to be critical
rarily waive or modify applica- (1) SMALL ESTABLISHMENT; VERY SMALL ES- to address the COVID–19 pandemic, including
tion of certain Medicare re- TABLISHMENT DEFINITIONS.—The terms nutritional assistance to vulnerable individ-
quirements with respect to am- ‘‘small establishment’’ and ‘‘very small es- uals, as approved by the Secretary.
bulance services furnished dur- tablishment’’ have the meaning given those (c) FUNDING.—In addition to amounts oth-
ing certain emergency periods. terms in the final rule entitled ‘‘Pathogen erwise available, there is appropriated to the
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00094 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.036 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1131
Secretary for fiscal year 2021, out of any $1,010,000,000, to remain available until ex- not otherwise appropriated, $800,000,000, to
money in the Treasury not otherwise appro- pended, to carry out this section. remain available until September 30, 2022, to
priated, $500,000,000, to remain available (b) ASSISTANCE.—The Secretary of Agri- use the Commodity Credit Corporation to ac-
until September 30, 2023, to carry out this culture shall use the amounts made avail- quire and make available commodities under
section, of which not more than 3 percent able pursuant to subsection (a)— section 406(b) of the Food for Peace Act (7
may be used by the Secretary for adminis- (1) to provide outreach, mediation, finan- U.S.C. 1736(b)) and for expenses under such
trative purposes and not more than 2 percent cial training, capacity building training, co- section.
may be used by the Secretary for technical operative development training and support, Subtitle B—Nutrition
assistance as defined in section 306(a)(26) of and other technical assistance on issues con- SEC. 1101. SUPPLEMENTAL NUTRITION ASSIST-
the Consolidated Farm and Rural Develop- cerning food, agriculture, agricultural cred- ANCE PROGRAM.
ment Act (7 U.S.C. 1926(a)(26)). it, agricultural extension, rural develop- (a) VALUE OF BENEFITS.—Section 702(a) of
SEC. 1003. PANDEMIC PROGRAM ADMINISTRA- ment, or nutrition to socially disadvantaged division N of the Consolidated Appropria-
TION FUNDS. farmers, ranchers, or forest landowners, or tions Act, 2021 (Public Law 116–260) is amend-
In addition to amounts otherwise avail- other members of socially disadvantaged ed by striking ‘‘June 30, 2021’’ and inserting
able, there are appropriated for fiscal year groups; ‘‘September 30, 2021’’.
2021, out of any money in the Treasury not (2) to provide grants and loans to improve (b) SNAP ADMINISTRATIVE EXPENSES.—In
otherwise appropriated, $47,500,000, to remain land access for socially disadvantaged farm- addition to amounts otherwise available,
available until expended, for necessary ad- ers, ranchers, or forest landowners, including there is hereby appropriated for fiscal year
ministrative expenses associated with car- issues related to heirs’ property in a manner 2021, out of any amounts in the Treasury not
rying out this subtitle. as determined by the Secretary; otherwise appropriated, $1,150,000,000, to re-
SEC. 1004. FUNDING FOR THE USDA OFFICE OF
(3) to support the activities of one or more main available until September 30, 2023, with
INSPECTOR GENERAL FOR OVER- equity commissions that will address racial amounts to be obligated for each of fiscal
SIGHT OF COVID–19-RELATED PRO- equity issues within the Department of Agri- years 2021, 2022, and 2023, for the costs of
GRAMS. culture and its programs, using $5,000,000 of State administrative expenses associated
In addition to amounts otherwise made the amount made available pursuant to sub- with carrying out this section and admin-
available, there is appropriated to the Office section (a); istering the supplemental nutrition assist-
of the Inspector General of the Department (4) to support and supplement agricultural ance program established under the Food
of Agriculture for fiscal year 2021, out of any research, education, and extension, as well and Nutrition Act of 2008 (7 U.S.C. 2011 et
money in the Treasury not otherwise appro- as scholarships and programs that provide seq.), of which—
priated, $2,500,000, to remain available until internships and pathways to Federal employ- (1) $15,000,000 shall be for necessary ex-
September 30, 2022, for audits, investigations, ment, at— penses of the Secretary of Agriculture (in
and other oversight activities of projects and (A) colleges or universities eligible to re- this section referred to as the ‘‘Secretary’’)
activities carried out with funds made avail- ceive funds under the Act of August 30, 1890 for management and oversight of the pro-
able to the Department of Agriculture re- (commonly known as the ‘‘Second Morrill gram; and
lated to the COVID–19 pandemic. Act’’) (7 U.S.C. 321 et seq.), including (2) $1,135,000,000 shall be for the Secretary
SEC. 1005. FARM LOAN ASSISTANCE FOR SO- Tuskegee University; to make grants to each State agency for
CIALLY DISADVANTAGED FARMERS (B) 1994 Institutions (as defined in section each of fiscal years 2021 through 2023 as fol-
AND RANCHERS. 532 of the Equity in Educational Land-Grant lows:
(a) PAYMENTS.— Status Act of 1994 (7 U.S.C. 301 note; Public (A) 75 percent of the amounts available
(1) APPROPRIATION.—In addition to Law 103–382)); shall be allocated to States based on the
amounts otherwise available, there is appro- (C) Alaska Native serving institutions and share of each State of households that par-
priated to the Secretary for fiscal year 2021, Native Hawaiian serving institutions eligible ticipate in the supplemental nutrition assist-
out of amounts in the Treasury not other- to receive grants under subsections (a) and ance program as reported to the Department
wise appropriated, such sums as may be nec- (b), respectively, of section 1419B of the Na- of Agriculture for the most recent 12-month
essary, to remain available until expended, tional Agricultural Research, Extension, and period for which data are available, adjusted
for the cost of loan modifications and pay- Teaching Policy Act of 1977 (7 U.S.C. 3156); by the Secretary (as of the date of the enact-
ments under this section. (D) Hispanic-serving institutions eligible ment of this Act) for participation in dis-
(2) PAYMENTS.—The Secretary shall pro- to receive grants under section 1455 of the aster programs under section 5(h) of the
vide a payment in an amount up to 120 per- National Agricultural Research, Extension, Food and Nutrition Act of 2008 (7 U.S.C.
cent of the outstanding indebtedness of each and Teaching Policy Act of 1977 (7 U.S.C. 2014(h)); and
socially disadvantaged farmer or rancher as 3241); and (B) 25 percent of the amounts available
of January 1, 2021, to pay off the loan di- (E) the insular area institutions of higher shall be allocated to States based on the in-
rectly or to the socially disadvantaged farm- education located in the territories of the crease in the number of households that par-
er or rancher (or a combination of both), on United States, as referred to in section 1489 ticipate in the supplemental nutrition assist-
each— of the National Agricultural Research, Ex- ance program as reported to the Department
(A) direct farm loan made by the Secretary tension, and Teaching Policy Act of 1977 (7 of Agriculture over the most recent 12-
to the socially disadvantaged farmer or U.S.C. 3361); and month period for which data are available,
rancher; and (5) to provide financial assistance to so- adjusted by the Secretary (as of the date of
(B) farm loan guaranteed by the Secretary cially disadvantaged farmers, ranchers, or the enactment of this Act) for participation
the borrower of which is the socially dis- forest landowners that are former farm loan in disaster programs under section 5(h) of
advantaged farmer or rancher. borrowers that suffered related adverse ac- the Food and Nutrition Act of 2008 (7 U.S.C.
(b) DEFINITIONS.—In this section: tions or past discrimination or bias in De- 2014(h)).
(1) FARM LOAN.—The term ‘‘farm loan’’ partment of Agriculture programs, as deter- SEC. 1102. ADDITIONAL ASSISTANCE FOR SNAP
means— mined by the Secretary. ONLINE PURCHASING AND TECH-
(A) a loan administered by the Farm Serv- (c) DEFINITIONS.—In this section: NOLOGY IMPROVEMENTS.
ice Agency under subtitle A, B, or C of the (1) NONINDUSTRIAL PRIVATE FOREST LAND.— (a) FUNDING.—In addition to amounts oth-
Consolidated Farm and Rural Development The term ‘‘nonindustrial private forest land’’ erwise made available, there is appropriated
Act (7 U.S.C. 1922 et seq.); and has the meaning given the term in section for fiscal year 2021, out of any amounts in
(B) a Commodity Credit Corporation Farm 1201(a)(18) of the Food Security Act of 1985 the Treasury not otherwise appropriated,
Storage Facility Loan. (16 U.S.C. 3801(a)(18)). $25,000,000 to remain available through Sep-
(2) SECRETARY.—The term ‘‘Secretary’’ (2) SOCIALLY DISADVANTAGED FARMER, tember 30, 2026, to carry out this section.
means the Secretary of Agriculture. RANCHER, OR FOREST LANDOWNER.—The term (b) USE OF FUNDS.—The Secretary of Agri-
(3) SOCIALLY DISADVANTAGED FARMER OR ‘‘socially disadvantaged farmer, rancher, or culture may use the amounts made available
RANCHER.—The term ‘‘socially disadvantaged forest landowner’’ means a farmer, rancher, pursuant to subsection (a)—
farmer or rancher’’ has the meaning given or owner or operator of nonindustrial private (1) to make technological improvements to
the term in section 2501(a) of the Food, Agri- forest land who is a member of a socially dis- improve online purchasing in the supple-
culture, Conservation, and Trade Act of 1990 advantaged group. mental nutrition assistance program estab-
(7 U.S.C. 2279(a)). (3) SOCIALLY DISADVANTAGED GROUP.—The lished under the Food and Nutrition Act of
SEC. 1006. USDA ASSISTANCE AND SUPPORT FOR term ‘‘socially disadvantaged group’’ has the 2008 (7 U.S.C. 2011 et seq.);
(2) to modernize electronic benefit transfer
SSpencer on DSK126QN23PROD with SENATE
SOCIALLY DISADVANTAGED FARM- meaning given the term in section 2501(a) of
ERS, RANCHERS, FOREST LAND the Food, Agriculture, Conservation, and technology;
OWNERS AND OPERATORS, AND Trade Act of 1990 (7 U.S.C. 2279(a)). (3) to support the mobile technologies dem-
GROUPS. SEC. 1007. USE OF THE COMMODITY CREDIT COR- onstration projects and the use of mobile
(a) APPROPRIATION.—In addition to PORATION FOR COMMODITIES AND technologies authorized under section
amounts otherwise available, there is appro- ASSOCIATED EXPENSES. 7(h)(14) of the Food and Nutrition Act of 2008
priated to the Secretary of Agriculture for In addition to amounts otherwise made (7 U.S.C. 2016(h)(14)); and
fiscal year 2021, out of any money in the available, there are appropriated for fiscal (4) to provide technical assistance to edu-
Treasury not otherwise appropriated, year 2021, out of any money in the Treasury cate retailers on the process and technical
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00095 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.036 S04MRPT1
S1132 CONGRESSIONAL RECORD — SENATE March 4, 2021
requirements for the online acceptance of that public health emergency, the Secretary individuals who, at the time of such service
the supplemental nutrition assistance pro- may, in carrying out the program, increase have not attained the age of 25.
gram benefits, for mobile payments, and for the amount of a cash-value voucher under a (c) DEFINITIONS.—In this section:
electronic benefit transfer modernization qualified food package to an amount that is (1) EMERGENCY SHELTER.—The term ‘‘emer-
initiatives. less than or equal to $35. gency shelter’’ has the meaning given the
SEC. 1103. ADDITIONAL FUNDING FOR NUTRI- (c) APPLICATION OF INCREASED AMOUNT OF term under section 17(t)(1) of the Richard B.
TION ASSISTANCE PROGRAMS. CASH-VALUE VOUCHER TO STATE AGENCIES.— Russell National School Lunch Act (42 U.S.C.
Section 704 of division N of the Consoli- (1) NOTIFICATION.—An increase to the 1766(t)(1)).
dated Appropriations Act, 2021 (Public Law amount of a cash-value voucher under sub- (2) SECRETARY.—The term ‘‘Secretary’’
116–260) is amended— section (b) shall apply to any State agency means the Secretary of Agriculture.
(1) by striking ‘‘In addition’’ and inserting that notifies the Secretary of— SEC. 1108. PANDEMIC EBT PROGRAM.
the following: (A) the intent to use that increased Section 1101 of the Families First
‘‘(a) COVID–19 RESPONSE FUNDING.—In ad- amount, without further application; and Coronavirus Response Act (7 U.S.C. 2011 note;
dition’’; and (B) the applicable period selected by the Public Law 116–127) is amended—
(2) by adding at the end the following— State agency during which that increased (1) in subsection (a)—
‘‘(b) ADDITIONAL FUNDING.—In addition to amount shall apply. (A) by striking ‘‘During fiscal years 2020
any other funds made available, there is ap- (2) USE OF INCREASED AMOUNT.—A State and 2021’’ and inserting ‘‘In any school year
propriated for fiscal year 2021, out of any agency that makes a notification to the Sec- in which there is a public health emergency
money in the Treasury not otherwise appro- retary under paragraph (1) shall use the in- designation’’; and
priated, $1,000,000,000 to remain available creased amount described in that para- (B) by inserting ‘‘or in a covered summer
until September 30, 2027, for the Secretary of graph— period following a school session’’ after ‘‘in
Agriculture to provide grants to the Com- (A) during the applicable period described session’’;
monwealth of Northern Mariana Islands, in that notification; and (2) in subsection (g), by striking ‘‘During
Puerto Rico, and American Samoa for nutri- (B) only during a single applicable period. fiscal year 2020, the’’ and inserting ‘‘The’’;
tion assistance, of which $30,000,000 shall be (d) SUNSET.—The authority of the Sec-
(3) in subsection (h)(1)—
available to provide grants to the Common- retary under subsection (b), and the author-
(A) by inserting ‘‘either’’ after ‘‘at least 1
wealth of Northern Mariana Islands for such ity of a State agency to increase the amount
child enrolled in such a covered child care fa-
assistance.’’. of a cash-value voucher under subsection (c),
cility and’’; and
SEC. 1104. COMMODITY SUPPLEMENTAL FOOD shall terminate on September 30, 2021.
(e) FUNDING.—In addition to amounts oth- (B) by inserting ‘‘or a Department of Agri-
PROGRAM. culture grant-funded nutrition assistance
erwise made available, there is appropriated
In addition to amounts otherwise made program in the Commonwealth of the North-
to the Secretary, out of funds in the Treas-
available, there is appropriated for fiscal ern Mariana Islands, Puerto Rico, or Amer-
ury not otherwise appropriated, $490,000,000
year 2021, out of any money in the Treasury ican Samoa’’ before ‘‘shall be eligible to re-
to carry out this section, to remain available
not otherwise appropriated, $37,000,000, to re- ceive assistance’’;
until September 30, 2022.
main available until September 30, 2022, for (4) by redesignating subsections (i) and (j)
SEC. 1106. WIC PROGRAM MODERNIZATION.
activities authorized by section 4(a) of the as subsections (j) and (k), respectively;
Agriculture and Consumer Protection Act of In addition to amounts otherwise avail-
able, there are appropriated to the Secretary (5) by inserting after subsection (h) the fol-
1973 (7 U.S.C. 612c note). lowing:
of Agriculture, out of amounts in the Treas-
SEC. 1105. IMPROVEMENTS TO WIC BENEFITS. ‘‘(i) EMERGENCIES DURING SUMMER.—The
ury not otherwise appropriated, $390,000,000
(a) DEFINITIONS.—In this section: for fiscal year 2021, to remain available until Secretary of Agriculture may permit a State
(1) APPLICABLE PERIOD.—The term ‘‘appli- September 30, 2024, to carry out outreach, in- agency to extend a State agency plan ap-
cable period’’ means a period— novation, and program modernization ef- proved under subsection (b) for not more
(A) beginning after the date of enactment forts, including appropriate waivers and than 90 days for the purpose of operating the
of this Act, as selected by a State agency; flexibility, to increase participation in and plan during a covered summer period, during
and redemption of benefits under programs es- which time schools participating in the
(B) ending not later than the earlier of— tablished under section 17 of the Child Nutri- school lunch program under the Richard B.
(i) 4 months after the date described in tion Act of 1966 (7 U.S.C. 1431), except that Russell National School Lunch Act or the
subparagraph (A); or such waivers may not relate to the content school breakfast program under section 4 of
(ii) September 30, 2021. of the WIC Food Packages (as defined in sec- the Child Nutrition Act of 1966 (42 U.S.C.
(2) CASH-VALUE VOUCHER.—The term ‘‘cash- tion 246.10(e) of title 7, Code of Federal Regu- 1773) and covered child care facilities shall be
value voucher’’ has the meaning given the lations (as in effect on the date of enactment deemed closed for purposes of this section.’’;
term in section 246.2 of title 7, Code of Fed- of this Act)), or the nondiscrimination re- (6) in subsection (j) (as so redesignated)—
eral Regulations (as in effect on the date of quirements under section 246.8 of title 7, (A) by redesignating paragraphs (2)
the enactment of this Act). Code of Federal Regulations (as in effect on through (6) as paragraphs (3) through (7), re-
(3) PROGRAM.—The term ‘‘program’’ means the date of enactment of this Act). spectively;
the special supplemental nutrition program (B) by inserting after paragraph (1) the fol-
SEC. 1107. MEALS AND SUPPLEMENTS REIM-
for women, infants, and children established BURSEMENTS FOR INDIVIDUALS lowing:
by section 17 of the Child Nutrition Act of WHO HAVE NOT ATTAINED THE AGE ‘‘(2) COVERED SUMMER PERIOD.—The term
1966 (42 U.S.C. 1786). OF 25. ‘covered summer period’ means a summer
(4) QUALIFIED FOOD PACKAGE.—The term (a) PROGRAM FOR AT-RISK SCHOOL CHIL- period that follows a school year during
‘‘qualified food package’’ means each of the DREN.—Beginning on the date of enactment which there was a public health emergency
following food packages (as defined in sec- of this section, notwithstanding paragraph designation.’’; and
tion 246.10(e) of title 7, Code of Federal Regu- (1)(A) of section 17(r) of the Richard B. Rus- (C) in paragraph (5) (as so redesignated), by
lations (as in effect on the date of the enact- sell National School Lunch Act (42 U.S.C. striking ‘‘or another coronavirus with pan-
ment of this Act)): 1766(r)), during the COVID–19 public health demic potential’’; and
(A) Food package III–Participants with emergency declared under section 319 of the (7) in subsection (k) (as so redesignated),
qualifying conditions. Public Health Service Act (42 U.S.C. 247d), by inserting ‘‘Federal agencies,’’ before
(B) Food Package IV–Children 1 through 4 the Secretary shall reimburse institutions ‘‘State agencies’’.
years. that are emergency shelters under such sec- TITLE II—COMMITTEE ON HEALTH,
(C) Food Package V–Pregnant and par- tion 17(r) (42 U.S.C. 1766(r)) for meals and EDUCATION, LABOR, AND PENSIONS
tially (mostly) breastfeeding women. supplements served to individuals who, at Subtitle A—Education Matters
(D) Food Package VI–Postpartum women. the time of such service—
(E) Food Package VII–Fully breastfeeding. (1) have not attained the age of 25; and PART 1—DEPARTMENT OF EDUCATION
(5) SECRETARY.—The term ‘‘Secretary’’ (2) are receiving assistance, including non- SEC. 2001.ELEMENTARY AND SECONDARY
means the Secretary of Agriculture. residential assistance, from such emergency SCHOOL EMERGENCY RELIEF FUND.
(6) STATE AGENCY.—The term ‘‘State agen- shelter. (a) IN GENERAL.—In addition to amounts
cy’’ has the meaning given the term in sec- (b) PARTICIPATION BY EMERGENCY SHEL- otherwise available through the Education
tion 17(b) of the Child Nutrition Act of 1966 TERS.—Beginning on the date of enactment Stabilization Fund, there is appropriated to
(42 U.S.C. 1786(b)). of this section, notwithstanding paragraph the Department of Education for fiscal year
SSpencer on DSK126QN23PROD with SENATE
(b) AUTHORITY TO INCREASE AMOUNT OF (5)(A) of section 17(t) of the Richard B. Rus- 2021, out of any money in the Treasury not
CASH-VALUE VOUCHER.—During the public sell National School Lunch Act (42 U.S.C. otherwise appropriated, $125,804,800,000, to re-
health emergency declared by the Secretary 1766(t)), during the COVID–19 public health main available through September 30, 2023,
of Health and Human Services under section emergency declared under section 319 of the to carry out this section.
319 of the Public Health Service Act (42 Public Health Service Act (42 U.S.C. 247d), (b) GRANTS.—From funds provided under
U.S.C. 247d) on January 31, 2020, with respect the Secretary shall reimburse emergency subsection (a), the Secretary shall make
to the Coronavirus Disease 2019 (COVID–19), shelters under such section 17(t) (42 U.S.C. grants to each State educational agency in
and in response to challenges relating to 1766(t)) for meals and supplements served to accordance with this section.
VerDate Sep 11 2014 09:36 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00096 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.036 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1133
(c) ALLOCATIONS TO STATES.—The amount learning to all students, providing guidance sive afterschool programs, or extended
of each grant under subsection (b) shall be for carrying out requirements under the In- school year programs, and ensure that such
allocated by the Secretary to each State in dividuals with Disabilities Education Act interventions respond to students’ academic,
the same proportion as each State received and ensuring other educational services can social, and emotional needs and address the
under part A of title I of the Elementary and continue to be provided consistent with all disproportionate impact of the coronavirus
Secondary Education Act of 1965 in the most Federal, State, and local requirements. on the student subgroups described in sec-
recent fiscal year. (K) Purchasing educational technology (in- tion 1111(b)(2)(B)(xi) of the Elementary and
(d) SUBGRANTS TO LOCAL EDUCATIONAL cluding hardware, software, and Secondary Education Act of 1965 (20 U.S.C.
AGENCIES.— connectivity) for students who are served by 6311(b)(2)(B)(xi)), students experiencing
(1) IN GENERAL.—Each State shall allocate the local educational agency that aids in homelessness, and children and youth in fos-
not less than 87.5 percent of the grant funds regular and substantive educational inter- ter care, including by providing additional
awarded to the State under this section as action between students and their classroom support to local educational agencies to
subgrants to local educational agencies (in- instructors, including low-income students fully address such impacts;
cluding charter schools that are local edu- and children with disabilities, which may in- (2) shall reserve not less than 1 percent of
cational agencies) in the State in proportion clude assistive technology or adaptive equip- the total amount of grant funds awarded to
to the amount of funds such local edu- ment. the State under this section to carry out, di-
cational agencies and charter schools that (L) Providing mental health services and rectly or through grants or contracts, the
are local educational agencies received under supports, including through the implementa- implementation of evidence-based summer
part A of title I of the Elementary and Sec- tion of evidence-based full-service commu- enrichment programs, and ensure such pro-
ondary Education Act of 1965 in the most re- nity schools. grams respond to students’ academic, social,
cent fiscal year. (M) Planning and implementing activities and emotional needs and address the dis-
(2) AVAILABILITY OF FUNDS.—Each State related to summer learning and supple- proportionate impact of the coronavirus on
shall make allocations under paragraph (1) mental afterschool programs, including pro- the student populations described in section
to local educational agencies in an expedited viding classroom instruction or online learn- 1111(b)(2)(B)(xi) of the Elementary and Sec-
and timely manner and, to the extent prac- ing during the summer months and address- ondary Education Act of 1965 (20 U.S.C.
ticable, not later than 60 days after the re- ing the needs of low-income students, chil- 6311(b)(2)(B)(xi)), students experiencing
ceipt of such funds. dren with disabilities, English learners, mi- homelessness, and children and youth in fos-
(e) USES OF FUNDS.—A local educational grant students, students experiencing home- ter care;
agency that receives funds under this sec- lessness, and children in foster care. (3) shall reserve not less than 1 percent of
tion— (N) Addressing learning loss among stu- the total amount of grant funds awarded to
(1) shall reserve not less than 20 percent of dents, including low-income students, chil- the State under this section to carry out, di-
such funds to address learning loss through dren with disabilities, English learners, ra- rectly or through grants or contracts, the
the implementation of evidence-based inter- cial and ethnic minorities, students experi- implementation of evidence-based com-
ventions, such as summer learning or sum- encing homelessness, and children and youth prehensive afterschool programs, and ensure
mer enrichment, extended day, comprehen- in foster care, of the local educational agen- such programs respond to students’ aca-
sive afterschool programs, or extended cy, including by— demic, social, and emotional needs and ad-
school year programs, and ensure that such (i) administering and using high-quality dress the disproportionate impact of the
interventions respond to students’ academic, assessments that are valid and reliable, to coronavirus on the student populations de-
social, and emotional needs and address the accurately assess students’ academic scribed in section 1111(b)(2)(B)(xi) of the Ele-
disproportionate impact of the coronavirus progress and assist educators in meeting stu- mentary and Secondary Education Act of
on the student subgroups described in sec- dents’ academic needs, including through 1965 (20 U.S.C. 6311(b)(2)(B)(xi)), students ex-
tion 1111(b)(2)(B)(xi) of the Elementary and differentiating instruction; periencing homelessness, and children and
Secondary Education Act of 1965 (20 U.S.C. (ii) implementing evidence-based activities youth in foster care;
6311(b)(2)(B)(xi)), students experiencing to meet the comprehensive needs of stu- (4) shall reserve 2.5 percent of the total
homelessness, and children and youth in fos- dents; amount of grant funds awarded to the State
ter care; and (iii) providing information and assistance under this section to carry out, directly or
(2) shall use the remaining funds for any of to parents and families on how they can ef- through grants or contracts, the purchase of
the following: fectively support students, including in a educational technology (including hardware,
(A) Any activity authorized by the Ele- distance learning environment; and software, and connectivity) for students who
mentary and Secondary Education Act of (iv) tracking student attendance and im- are served by the local educational agencies
1965. proving student engagement in distance edu- in the State that aids in regular and sub-
(B) Any activity authorized by the Individ- cation. stantive educational interaction between
uals with Disabilities Education Act. (O) School facility repairs and improve- students and their classroom instructors, in-
(C) Any activity authorized by the Adult ments to enable operation of schools to re- cluding low-income students and children
Education and Family Literacy Act. duce risk of virus transmission and exposure with disabilities, which may include assist-
(D) Any activity authorized by the Carl D. to environmental health hazards, and to sup- ive technology or adaptive equipment; and
Perkins Career and Technical Education Act port student health needs. (5) may reserve not more than one-half of
of 2006. (P) Inspection, testing, maintenance, re- 1 percent of the total amount of grant funds
(E) Coordination of preparedness and re- pair, replacement, and upgrade projects to awarded to the State under this section for
sponse efforts of local educational agencies improve the indoor air quality in school fa- administrative costs and the remainder for
with State, local, Tribal, and territorial pub- cilities, including mechanical and non-me- emergency needs as determined by the State
lic health departments, and other relevant chanical heating, ventilation, and air condi- educational agency to address issues re-
agencies, to improve coordinated responses tioning systems, filtering, purification and sponding to coronavirus, which may be ad-
among such entities to prevent, prepare for, other air cleaning, fans, control systems, and dressed through the use of grants or con-
and respond to coronavirus. window and door repair and replacement. tracts.
(F) Activities to address the unique needs (Q) Developing strategies and imple- (g) REALLOCATION.—A State shall return to
of low-income children or students, children menting public health protocols including, the Secretary any funds received under this
with disabilities, English learners, racial and to the greatest extent practicable, policies in section that the State does not award within
ethnic minorities, students experiencing line with guidance from the Centers for Dis- 1 year of receiving such funds and the Sec-
homelessness, and foster care youth, includ- ease Control and Prevention for the reopen- retary shall reallocate such funds to the re-
ing how outreach and service delivery will ing and operation of school facilities to ef- maining States in accordance with sub-
meet the needs of each population. fectively maintain the health and safety of section (c).
(G) Developing and implementing proce- students, educators, and other staff. (h) DEFINITIONS.—In this section—
dures and systems to improve the prepared- (R) Other activities that are necessary to (1) the terms ‘‘child’’, ‘‘children with dis-
ness and response efforts of local educational maintain the operation of and continuity of abilities’’, ‘‘distance education’’, ‘‘elemen-
agencies. services in local educational agencies and tary school’’, ‘‘English learner’’, ‘‘evidence-
(H) Training and professional development continuing to employ existing staff of the based’’, ‘‘secondary school’’, ‘‘local edu-
for staff of the local educational agency on local educational agency. cational agency’’, ‘‘parent’’, ‘‘Secretary’’,
sanitation and minimizing the spread of in- (f) STATE FUNDING.—With funds not other- ‘‘State educational agency’’, and ‘‘tech-
fectious diseases. wise allocated under subsection (d), a State— nology’’ have the meanings given those
SSpencer on DSK126QN23PROD with SENATE
(I) Purchasing supplies to sanitize and (1) shall reserve not less than 5 percent of terms in section 8101 of the Elementary and
clean the facilities of a local educational the total amount of grant funds awarded to Secondary Education Act of 1965 (20 U.S.C.
agency, including buildings operated by such the State under this section to carry out, di- 7801);
agency. rectly or through grants or contracts, activi- (2) the term ‘‘full-service community
(J) Planning for, coordinating, and imple- ties to address learning loss by supporting school’’ has the meaning given that term in
menting activities during long-term clo- the implementation of evidence-based inter- section 4622(2) of the Elementary and Sec-
sures, including providing meals to eligible ventions, such as summer learning or sum- ondary Education Act of 1965 (20 U.S.C.
students, providing technology for online mer enrichment, extended day, comprehen- 7272(2)); and
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00097 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.036 S04MRPT1
S1134 CONGRESSIONAL RECORD — SENATE March 4, 2021
(3) the term ‘‘State’’ means each of the 50 (D) subsections (e) and (f) of such section (ii) the number of children enrolled in all
States, the District of Columbia, and the 314; and schools served by the local educational agen-
Commonwealth of Puerto Rico. (E) section 316 of the Coronavirus Response cy in such fiscal year.
SEC. 2002. EMERGENCY ASSISTANCE TO NON- and Relief Supplemental Appropriations Act, (2) EXCEPTION.—Paragraph (1) shall not
PUBLIC SCHOOLS. 2021 (division M of Public Law 116–260); and apply to a local educational agency in fiscal
(a) IN GENERAL.—In addition to amounts (7) an institution that receives an alloca- year 2022 or 2023 that meets at least 1 of the
otherwise available through the Emergency tion under this section apportioned in ac- following criteria in such fiscal year:
Assistance to Non-Public Schools Program, cordance with subparagraphs (A) through (D) (A) Such local educational agency has a
there is appropriated to the Department of of subsection (a)(1) of such section 314 shall total enrollment of less than 1,000 students.
Education for fiscal year 2021, out of any use not less than 50 percent of such alloca- (B) Such local educational agency operates
money in the Treasury not otherwise appro- tion to provide emergency financial aid a single school.
priated, $2,750,000,000, to remain available grants to students in accordance with sub- (C) Such local educational agency serves
through September 30, 2023, for making allo- section (c)(3) of such section 314. all students within each grade span with a
cations to Governors under the Emergency SEC. 2004. MAINTENANCE OF EFFORT AND MAIN- single school.
Assistance to Non-Public Schools Program TENANCE OF EQUITY. (D) Such local educational agency dem-
to provide services or assistance to non-pub- (a) STATE MAINTENANCE OF EFFORT.— onstrates an exceptional or uncontrollable
lic schools that enroll a significant percent- (1) IN GENERAL.—As a condition of receiv- circumstance, such as unpredictable changes
age of low-income students and are most im- ing funds under section 2001, a State shall in student enrollment or a precipitous de-
pacted by the qualifying emergency. maintain support for elementary and sec- cline in the financial resources of such agen-
(b) LIMITATIONS.—Funds provided under ondary education, and for higher education cy, as determined by the Secretary of Edu-
subsection (a) shall not be used to provide re- cation.
(which shall include State funding to institu-
(d) DEFINITIONS.—In this section:
imbursements to any non-public school. tions of higher education and State need- (1) ELEMENTARY EDUCATION; SECONDARY
SEC. 2003. HIGHER EDUCATION EMERGENCY RE- based financial aid, and shall not include EDUCATION.—The terms ‘‘elementary edu-
LIEF FUND. support for capital projects or for research cation’’ and ‘‘secondary education’’ have the
In addition to amounts otherwise avail- and development or tuition and fees paid by meaning given such terms under State law.
able, there is appropriated to the Depart- students), in each of fiscal years 2022 and 2023 (2) HIGHEST POVERTY LOCAL EDUCATIONAL
ment of Education for fiscal year 2021, out of at least at the proportional levels of such AGENCY.—The term ‘‘highest poverty local
any money in the Treasury not otherwise ap- State’s support for elementary and sec- educational agency’’ means a local edu-
propriated, $39,584,570,000, to remain avail- ondary education and for higher education cational agency that is among the group of
able through September 30, 2023, for making relative to such State’s overall spending, local educational agencies in the State
allocations to institutions of higher edu- averaged over fiscal years 2017, 2018, and 2019. that—
cation in accordance with the same terms (2) WAIVER.—For the purpose of relieving (A) in rank order, have the highest per-
and conditions of section 314 of the fiscal burdens incurred by States in pre- centages of economically disadvantaged stu-
Coronavirus Response and Relief Supple- venting, preparing for, and responding to the dents in the State, on the basis of the most
mental Appropriations Act, 2021 (division M coronavirus, the Secretary of Education may recent satisfactory data available from the
of Public Law 116–260), except that— waive any maintenance of effort require- Department of Commerce (or, for local edu-
(1) subsection (a)(1) of such section 314 ments associated with the Education Sta- cational agencies for which no such data are
shall be applied by substituting ‘‘91 percent’’ bilization Fund. available, such other data as the Secretary
for ‘‘89 percent’’; (b) STATE MAINTENANCE OF EQUITY.— of Education determines are satisfactory);
(2) subsection (a)(2) of such section 314 (1) HIGH-NEED LOCAL EDUCATIONAL AGEN- and
shall be applied— CIES.—As a condition of receiving funds (B) collectively serve not less than 20 per-
(A) in the matter preceding subparagraph under section 2001, a State educational agen- cent of the State’s total enrollment of stu-
(A), by substituting ‘‘under the heading cy shall not, in fiscal year 2022 or 2023, re- dents served by all local educational agen-
‘Higher Education’ in the Department of duce State funding (as calculated on a per- cies in the State.
Education Appropriations Act, 2020’’ for ‘‘in pupil basis) for any high-need local edu- (3) HIGH-NEED LOCAL EDUCATIONAL AGEN-
the Further Consolidated Appropriations cational agency in the State by an amount CY.—The term ‘‘high-need local educational
Act, 2020 (Public Law 116–94)’’; and that exceeds the overall per-pupil reduction agency’’ means a local educational agency
(B) in subparagraph (B), by substituting in State funds, if any, across all local edu- that is among the group of local educational
‘‘under the heading ‘Higher Education’ in the cational agencies in such State in such fiscal agencies in the State that—
Department of Education Appropriations year. (A) in rank order, have the highest per-
Act, 2020’’ for ‘‘in the Further Consolidated (2) HIGHEST POVERTY LOCAL EDUCATIONAL centages of economically disadvantaged stu-
Appropriations Act, 2020 (Public Law 116– AGENCIES.—Notwithstanding paragraph (1), dents in the State, on the basis of the most
94)’’; as a condition of receiving funds under sec- recent satisfactory data available from the
(3) an institution that receives an alloca- tion 2001, a State educational agency shall Department of Commerce (or, for local edu-
tion apportioned in accordance with clause not, in fiscal year 2022 or 2023, reduce State cational agencies for which no such data are
(iii) of subsection (a)(2)(A) of such section 314 funding (as calculated on a per-pupil basis) available, such other data as the Secretary
that has a total endowment size of less than for any highest poverty local educational of Education determines are satisfactory);
$1,000,000 (including an institution that does agency below the level of funding (as cal- and
not have an endowment) shall be treated by culated on a per-pupil basis) provided to each (B) collectively serve not less than 50 per-
the Secretary as having a total endowment such local educational agency in fiscal year cent of the State’s total enrollment of stu-
size of $1,000,000 for the purposes of such 2019. dents served by all local educational agen-
clause (iii); (c) LOCAL EDUCATIONAL AGENCY MAINTE- cies in the State.
(4) subsection (a)(4) of such section 314 NANCE OF EQUITY FOR HIGH-POVERTY (4) HIGH-POVERTY SCHOOL.—
shall be applied by substituting ‘‘1 percent’’ SCHOOLS.— (A) IN GENERAL.—The term ‘‘high-poverty
for ‘‘3 percent’’; (1) IN GENERAL.—As a condition of receiv- school’’ means, with respect to a school
(5) except as provided in paragraphs (7) and ing funds under section 2001, a local edu- served by a local educational agency, a
(9) of subsection (d) of such section 314, an cational agency shall not, in fiscal year 2022 school that is in the highest quartile of
institution shall use a portion of funds re- or 2023— schools served by such local educational
ceived under this section to— (A) reduce per-pupil funding (from com- agency based on the percentage of economi-
(A) implement evidence-based practices to bined State and local funding) for any high- cally disadvantaged students served, as de-
monitor and suppress coronavirus in accord- poverty school served by such local edu- termined by the State in accordance with
ance with public health guidelines; and cational agency by an amount that exceeds— subparagraph (B).
(B) conduct direct outreach to financial (i) the total reduction in local educational (B) DETERMINATION.—In making the deter-
aid applicants about the opportunity to re- agency funding (from combined State and mination under subparagraph (A), a State
ceive a financial aid adjustment due to the local funding) for all schools served by the shall select a measure of poverty established
recent unemployment of a family member or local educational agency in such fiscal year for the purposes of this paragraph by the
independent student, or other circumstances, (if any); divided by Secretary of Education and apply such meas-
described in section 479A of the Higher Edu- (ii) the number of children enrolled in all ure consistently to all schools in the State.
cation Act of 1965 (20 U.S.C. 1087tt); schools served by the local educational agen- (5) OVERALL PER-PUPIL REDUCTION IN STATE
SSpencer on DSK126QN23PROD with SENATE
(6) the following shall not apply to funds cy in such fiscal year; or FUNDS.—The term ‘‘overall per-pupil reduc-
provided or received in accordance with this (B) reduce per-pupil, full-time equivalent tion in State funds’’ means, with respect to
section— staff in any high-poverty school by an a fiscal year—
(A) subsection (b) of such section 314; amount that exceeds— (A) the amount of any reduction in the
(B) paragraph (2) of subsection (c) of such (i) the total reduction in full-time equiva- total amount of State funds provided to all
section 314; lent staff in all schools served by such local local educational agencies in the State in
(C) paragraphs (1), (2), (4), (5), (6), and (8) of educational agency in such fiscal year (if such fiscal year compared to the total
subsection (d) of such section 314; any); divided by amount of such funds provided to all local
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00098 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.036 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1135
educational agencies in the State in the pre- tion to distance education, faculty and staff for, respond to, and recover from the
vious fiscal year; divided by training, and payroll) and to provide finan- coronavirus.
(B) the aggregate number of children en- cial aid grants to students, which may be (2) Sixty percent shall be for direct grants,
rolled in all schools served by all local edu- used for any component of the student’s cost and relevant administrative expenses, that
cational agencies in the State in the fiscal of attendance. support organizations’ programming and
year for which the determination is being SEC. 2010. INSTITUTE OF EDUCATION SCIENCES. general operating expenses to cover up to 100
made. In addition to amounts otherwise avail- percent of the costs of the programs which
(6) STATE.—The term ‘‘State’’ means each able, there is appropriated to the Depart- the grants support, to prevent, prepare for,
of the 50 States, the District of Columbia, ment of Education for fiscal year 2021, out of respond to, and recover from the
and the Commonwealth of Puerto Rico. any money in the Treasury not otherwise ap- coronavirus.
SEC. 2005. OUTLYING AREAS. propriated, $100,000,000, to remain available SEC. 2022. NATIONAL ENDOWMENT FOR THE HU-
In addition to amounts otherwise avail- through September 30, 2023, for the Institute MANITIES.
able, there is appropriated to the Depart- of Education Sciences to carry out research In addition to amounts otherwise avail-
ment of Education for fiscal year 2021, out of related to addressing learning loss caused by able, there is appropriated for fiscal year
any money in the Treasury not otherwise ap- the coronavirus among the student sub- 2021, out of any money in the Treasury not
propriated, $850,000,000, to remain available groups described in section 1111(b)(2)(B)(xi) otherwise appropriated, $135,000,000, to re-
through September 30, 2023, for the Secretary of the Elementary and Secondary Education main available until expended, under the Na-
of Education to allocate awards to the out- Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi)) and tional Foundation on the Arts and the Hu-
lying areas on the basis of their respective students experiencing homelessness and chil- manities Act of 1965, as follows:
needs, as determined by the Secretary, to be dren and youth in foster care, and to dis- (1) Forty percent shall be for grants, and
allocated not more than 30 calendar days seminate such findings to State educational relevant administrative expenses, to State
after the date of enactment of this Act. agencies and local educational agencies and humanities councils that support humanities
SEC. 2006. GALLAUDET UNIVERSITY. other appropriate entities. organizations’ programming and general op-
In addition to amounts otherwise avail- SEC. 2011. PROGRAM ADMINISTRATION. erating expenses to cover up to 100 percent of
able, there is appropriated to the Depart- the costs of the programs which the grants
In addition to amounts otherwise avail-
ment of Education for fiscal year 2021, out of support, to prevent, prepare for, respond to,
able, there is appropriated to the Depart-
any money in the Treasury not otherwise ap- and recover from the coronavirus.
ment of Education for fiscal year 2021, out of
propriated, $19,250,000, to remain available (2) Sixty percent shall be for direct grants,
any money in the Treasury not otherwise ap-
through September 30, 2023, for the Kendall and relevant administrative expenses, that
propriated, $15,000,000, to remain available
Demonstration Elementary School, the support humanities organizations’ program-
through September 30, 2024, for Program Ad-
Model Secondary School for the Deaf, and ming and general operating expenses to
ministration within the Department of Edu-
Gallaudet University to prevent, prepare for, cover up to 100 percent of the costs of the
cation to prevent, prepare for, and respond
and respond to coronavirus, including to de- programs which the grants support, to pre-
to coronavirus, and for salaries and expenses
fray expenses associated with coronavirus vent, prepare for, respond to, and recover
necessary to implement this part.
(including lost revenue, reimbursement for from the coronavirus.
SEC. 2012. OFFICE OF INSPECTOR GENERAL.
expenses already incurred, technology costs SEC. 2023. INSTITUTE OF MUSEUM AND LIBRARY
associated with a transition to distance edu- In addition to amounts otherwise avail- SERVICES.
cation, faculty and staff trainings, and pay- able, there is appropriated to the Depart- In addition to amounts otherwise avail-
roll) and to provide financial aid grants to ment of Education for fiscal year 2021, out of able, there is appropriated to the Institute of
students, which may be used for any compo- any money in the Treasury not otherwise ap- Museum and Library Services for fiscal year
nent of the student’s cost of attendance. propriated, $5,000,000, to remain available 2021, out of any money in the Treasury not
SEC. 2007. STUDENT AID ADMINISTRATION.
until expended, for the Office of Inspector otherwise appropriated, $200,000,000, to re-
General of the Department of Education, for main available until expended, for necessary
In addition to amounts otherwise avail-
salaries and expenses necessary for over- expenses to carry out museum and library
able, there is appropriated to the Depart-
sight, investigations, and audits of pro- services. The Director of the Institute of Mu-
ment of Education for fiscal year 2021, out of
grams, grants, and projects funded under seum and Library Services shall award not
any money in the Treasury not otherwise ap-
this part carried out by the Office of Inspec- less than 89 percent of such funds to State li-
propriated, $91,130,000, to remain available
tor General. brary administrative agencies by applying
through September 30, 2023, for Student Aid
Administration within the Department of SEC. 2013. MODIFICATION OF REVENUE REQUIRE- the formula in section 221(b) of the Museum
MENTS FOR PROPRIETARY INSTITU- and Library Services Act, except that—
Education to prevent, prepare for, and re- TIONS OF HIGHER EDUCATION.
spond to coronavirus including direct out- (1) section 221(b)(3)(A) of such Act shall be
(a) IN GENERAL.—Section 487(a)(24) of the applied by substituting ‘‘$2,000,000’’ for
reach to students and borrowers about finan-
Higher Education Act of 1965 (20 U.S.C. ‘‘$680,000’’ and by substituting ‘‘$200,000’’ for
cial aid, economic impact payments, means-
1094(a)(24)) is amended by striking ‘‘funds ‘‘$60,000’’; and
tested benefits, unemployment assistance,
provided under this title’’ and inserting (2) section 221(b)(3)(C) and subsections (b)
and tax benefits, for which the students and
‘‘Federal funds that are disbursed or deliv- and (c) of section 223 of such Act shall not
borrowers may be eligible.
ered to or on behalf of a student to be used apply to funds provided under this section.
SEC. 2008. HOWARD UNIVERSITY.
to attend such institution (referred to in this
In addition to amounts otherwise avail- Subtitle B—Labor Matters
paragraph and subsection (d) as ‘Federal edu-
able, there is appropriated to the Depart- SEC. 2101.FUNDING FOR DEPARTMENT OF
cation assistance funds’)’’.
ment of Education for fiscal year 2021, out of LABOR WORKER PROTECTION AC-
(b) IMPLEMENTATION OF NON-FEDERAL REV-
any money in the Treasury not otherwise ap- TIVITIES.
ENUE REQUIREMENT.—Section 487(d) of the
propriated, $35,000,000, to remain available (a) APPROPRIATION.—In addition to
Higher Education Act of 1965 (20 U.S.C.
through September 30, 2023, for Howard Uni- amounts otherwise made available, out of
1094(d)) is amended—
versity to prevent, prepare for, and respond any funds in the Treasury not otherwise ap-
(1) in the subsection heading, by striking
to coronavirus, including to defray expenses propriated, there are appropriated to the
‘‘Non-title IV’’ and inserting ‘‘Non-Federal’’;
associated with coronavirus (including lost Secretary of Labor for fiscal year 2021,
and
revenue, reimbursement for expenses already $200,000,000, to remain available until Sep-
(2) in paragraph (1)(C), by striking ‘‘funds
incurred, technology costs associated with a tember 30, 2023, for the Wage and Hour Divi-
for a program under this title’’ and inserting
transition to distance education, faculty and sion, the Office of Workers’ Compensation
‘‘Federal education assistance funds’’.
staff trainings, and payroll) and to provide Programs, the Office of the Solicitor, the
financial aid grants to students, which may PART 2—MISCELLANEOUS Mine Safety and Health Administration, and
be used for any component of the student’s SEC. 2021. NATIONAL ENDOWMENT FOR THE the Occupational Safety and Health Admin-
cost of attendance. ARTS. istration to carry out COVID–19 related
SEC. 2009. NATIONAL TECHNICAL INSTITUTE FOR In addition to amounts otherwise avail- worker protection activities, and for the Of-
THE DEAF. able, there is appropriated for fiscal year fice of Inspector General for oversight of the
In addition to amounts otherwise avail- 2021, out of any money in the Treasury not Secretary’s activities to prevent, prepare for,
able, there is appropriated to the Depart- otherwise appropriated, $135,000,000, to re- and respond to COVID–19.
ment of Education for fiscal year 2021, out of main available until expended, under the Na- (b) ALLOCATION OF AMOUNTS.—Amounts ap-
any money in the Treasury not otherwise ap- tional Foundation on the Arts and the Hu- propriated under subsection (a) shall be allo-
SSpencer on DSK126QN23PROD with SENATE
propriated, $19,250,000, to remain available manities Act of 1965, as follows: cated as follows:
through September 30, 2023, for the National (1) Forty percent shall be for grants, and (1) Not less than $100,000,000 shall be for the
Technical Institute for the Deaf to prevent, relevant administrative expenses, to State Occupational Safety and Health Administra-
prepare for, and respond to coronavirus, in- arts agencies and regional arts organizations tion, of which $10,000,000 shall be for Susan
cluding to defray expenses associated with that support organizations’ programming Harwood training grants and not less than
coronavirus (including lost revenue, reim- and general operating expenses to cover up $5,000,000 shall be for enforcement activities
bursement for expenses already incurred, to 100 percent of the costs of the programs related to COVID–19 at high risk workplaces
technology costs associated with a transi- which the grants support, to prevent, prepare including health care, meat and poultry
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00099 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.036 S04MRPT1
S1136 CONGRESSIONAL RECORD — SENATE March 4, 2021
processing facilities, agricultural workplaces ance with section 658O of the Child Care and of provider expenditures, except as provided
and correctional facilities. Development Block Grant Act of 1990 (42 in subsection (e)(2).
(2) $12,500,000 shall be for the Office of In- U.S.C. 9858m). (E) OBLIGATION.—The lead agency shall no-
spector General. (d) STATE RESERVATIONS AND SUBGRANTS.— tify the Secretary if it is unable to obligate
Subtitle C—Human Services and Community (1) RESERVATION.—A lead agency for a at least 50 percent of the funds received pur-
Supports State that receives a child care stabilization suant to subsection (c) that are available for
SEC. 2201.
CHILD CARE AND DEVELOPMENT grant pursuant to subsection (c) shall re- subgrants described in this paragraph within
BLOCK GRANT PROGRAM. serve not more than 10 percent of such grant 9 months of the date of enactment of this
(a) CHILD CARE AND DEVELOPMENT BLOCK funds to administer subgrants, provide tech- Act.
GRANT FUNDING.—In addition to amounts nical assistance and support for applying for (e) USES OF FUNDS.—
otherwise available, there is appropriated for and accessing the subgrant opportunity, pub- (1) IN GENERAL.—A qualified child care pro-
fiscal year 2021, out of any amounts in the licize the availability of the subgrants, carry vider that receives funds through such a
Treasury not otherwise appropriated, out activities to increase the supply of child subgrant shall use the funds for at least one
$14,990,000,000, to remain available through care, and provide technical assistance to of the following:
September 30, 2021, to carry out the program help child care providers implement policies (A) Personnel costs, including payroll and
authorized under section 658C of the Child as described in paragraph (2)(D)(i). salaries or similar compensation for an em-
Care and Development Block Grant Act of (2) SUBGRANTS TO QUALIFIED CHILD CARE ployee (including any sole proprietor or inde-
1990 (42 U.S.C. 9858a) without regard to re- PROVIDERS.— pendent contractor), employee benefits, pre-
quirements in sections 658E(c)(3)(E) or 658G (A) IN GENERAL.—The lead agency shall use mium pay, or costs for employee recruit-
of such Act (42 U.S.C. 9858c(c)(3)(E), 9858e). the remainder of the grant funds awarded ment and retention.
Payments made to States, territories, Indian pursuant to subsection (c) to make subgrants (B) Rent (including rent under a lease
Tribes, and Tribal organizations from funds to qualified child care providers described in agreement) or payment on any mortgage ob-
made available under this subsection shall subparagraph (B), regardless of such a pro- ligation, utilities, facility maintenance or
be obligated in fiscal year 2021 or the suc- vider’s previous receipt of other Federal as- improvements, or insurance.
ceeding 2 fiscal years. States, territories, In- sistance, to support the stability of the child (C) Personal protective equipment, clean-
dian Tribes, and Tribal organizations are au- care sector during and after the COVID–19 ing and sanitization supplies and services, or
thorized to use such funds to provide child public health emergency. training and professional development re-
care assistance to health care sector employ- (B) QUALIFIED CHILD CARE PROVIDER.—To be lated to health and safety practices.
ees, emergency responders, sanitation work- qualified to receive a subgrant under this (D) Purchases of or updates to equipment
ers, and other workers deemed essential dur- paragraph, a provider shall be an eligible and supplies to respond to the COVID–19 pub-
ing the response to coronavirus by public of- child care provider that on the date of sub- lic health emergency.
ficials, without regard to the income eligi- mission of an application for the subgrant, (E) Goods and services necessary to main-
bility requirements of section 658P(4) of the was either— tain or resume child care services.
Child Care and Development Block Grant (i) open and available to provide child care (F) Mental health supports for children and
Act (42 U.S.C. 9858n(4)). services; or employees.
(b) ADMINISTRATIVE COSTS.—In addition to (ii) closed due to public health, financial (2) REIMBURSEMENT.—The qualified child
amounts otherwise available, there is appro- hardship, or other reasons relating to the care provider may use the subgrant funds to
priated for fiscal year 2021, out of any COVID–19 public health emergency. reimburse the provider for sums obligated or
amounts in the Treasury not otherwise ap- (C) SUBGRANT AMOUNT.—The amount of expended before the date of enactment of
propriated, $35,000,000, to remain available such a subgrant to a qualified child care pro- this Act for the cost of a good or service de-
through September 30, 2025, for the costs of vider shall be based on the provider’s stated scribed in paragraph (1) to respond to the
providing technical assistance and con- current operating expenses, including costs COVID–19 public health emergency.
ducting research and for the administrative associated with providing or preparing to (f) SUPPLEMENT NOT SUPPLANT.—Amounts
costs to carry out this section and section provide child care services during the made available to carry out this section
2202 of this subtitle. COVID–19 public health emergency, and to shall be used to supplement and not supplant
SEC. 2202. CHILD CARE STABILIZATION. the extent practicable, cover sufficient oper- other Federal, State, and local public funds
ating expenses to ensure continuous oper- expended to provide child care services for
(a) DEFINITIONS.—In this section:
ations for the intended period of the eligible individuals.
(1) COVID–19 PUBLIC HEALTH EMERGENCY.—
The term ‘‘COVID–19 public health emer- subgrant. SEC. 2203. HEAD START.
gency’’ means the public health emergency (D) APPLICATION.—The lead agency shall— In addition to amounts otherwise avail-
declared by the Secretary of Health and (i) make available on the lead agency’s able, there is appropriated for fiscal year
Human Services under section 319 of the website an application for qualified child 2021, out of any amounts in the Treasury not
Public Health Service Act (42 U.S.C. 247d) on care providers that includes certifications otherwise appropriated, $1,000,000,000, to re-
January 31, 2020, with respect to COVID–19, that, for the duration of the subgrant— main available through September 30, 2022,
including any renewal of the declaration. (I) the provider applying will, when open to carry out the Head Start Act, including
(2) ELIGIBLE CHILD CARE PROVIDER.—The and available to provide child care services, for Federal administrative expenses. After
term ‘‘eligible child care provider’’ means— implement policies in line with guidance reserving funds for Federal administrative
(A) an eligible child care provider as de- from the corresponding State, Tribal, and expenses, the Secretary shall allocate all re-
fined in section 658P of the Child Care and local authorities, and in accordance with maining amounts to Head Start agencies for
Development Block Grant Act of 1990 (42 State, Tribal, and local orders, and, to the one-time grants, and shall allocate to each
U.S.C. 9858n); or greatest extent possible, implement policies Head Start agency an amount that bears the
(B) a child care provider that is licensed, in line with guidance from the Centers for same ratio to the portion available for allo-
regulated, or registered in the State, terri- Disease Control and Prevention; cations as the number of enrolled children
tory, or Indian Tribe on the date of enact- (II) for each employee, the provider will served by the Head Start agency bears to the
ment of this Act and meets applicable State pay not less than the full compensation, in- number of enrolled children served by all
and local health and safety requirements. cluding any benefits, that was provided to Head Start agencies.
(b) CHILD CARE STABILIZATION FUNDING.—In the employee as of the date of submission of SEC. 2204. PROGRAMS FOR SURVIVORS.
addition to amounts otherwise available, the application for the subgrant (referred to (a) IN GENERAL.—Section 303 of the Family
there is appropriated for fiscal year 2021, out in this subclause as ‘‘full compensation’’), Violence Prevention and Services Act (42
of any amounts in the Treasury not other- and will not take any action that reduces U.S.C. 10403) is amended by adding at the end
wise appropriated, $23,975,000,000, to remain the weekly amount of the employee’s com- the following:
available through September 30, 2021, for pensation below the weekly amount of full ‘‘(d) ADDITIONAL FUNDING.—For the pur-
grants under this section in accordance with compensation, or that reduces the employ- poses of carrying out this title, in addition
the Child Care and Development Block Grant ee’s rate of compensation below the rate of to amounts otherwise made available for
Act of 1990. full compensation, including the involuntary such purposes, there are appropriated, out of
(c) GRANTS.—From the amounts appro- furloughing of any employee employed on any amounts in the Treasury not otherwise
priated to carry out this section and under the date of submission of the application for appropriated, for fiscal year 2021, to remain
the authority of section 658O of the Child the subgrant; and available until expended except as otherwise
Care and Development Block Grant Act of (III) the provider will provide relief from provided in this subsection, each of the fol-
SSpencer on DSK126QN23PROD with SENATE
1990 (42 U.S.C. 9858m) and this section, the copayments and tuition payments for the lowing:
Secretary shall award to each lead agency a families enrolled in the provider’s program, ‘‘(1) $180,000,000 to carry out sections 301
child care stabilization grant, without re- to the extent possible, and prioritize such re- through 312, to be allocated in the manner
gard to the requirements in subparagraphs lief for families struggling to make either described in subsection (a)(2), except that—
(C) and (E) of section 658E(c)(3), and in sec- type of payment; and ‘‘(A) a reference in subsection (a)(2) to an
tion 658G, of the Child Care and Development (ii) accept and process applications sub- amount appropriated under subsection (a)(1)
Block Grant Act of 1990 (42 U.S.C. 9858c(c)(3), mitted under this subparagraph on a rolling shall be considered to be a reference to an
9858e). Such grant shall be allotted in accord- basis, and provide subgrant funds in advance amount appropriated under this paragraph;
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00100 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.036 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1137
‘‘(B) the matching requirement in section of Health and Human Services for fiscal year (4) AMERICORPS VISTA.—$80,000,000 shall be
306(c)(4) and condition in section 308(d)(3) 2021, out of any money in the Treasury not used for the purposes described in section 101
shall not apply; and otherwise appropriated, the following of the Domestic Volunteer Service Act of
‘‘(C) each reference in section 305(e) to ‘the amounts, to remain available through Sep- 1973 (42 U.S.C. 4951), including to increase the
end of the following fiscal year’ shall be con- tember 30, 2023: living allowances of volunteers, described in
sidered to be a reference to ‘the end of fiscal (1) $250,000,000 for carrying out the program section 105(b) of the Domestic Volunteer
year 2025’; and authorized under section 201 of the Child Service Act of 1973 (42 U.S.C. 4955(b)).
‘‘(D) funds made available to a State in a Abuse Prevention and Treatment Act (42 (5) NATIONAL SENIOR SERVICE CORPS.—
grant under section 306(a) and obligated in a U.S.C. 5116), which shall be allocated without $30,000,000 shall be used for the purposes de-
timely manner shall be available for expend- regard to section 204(4) of such Act (42 U.S.C. scribed in section 200 of the Domestic Volun-
iture, by the State or a recipient of funds 5116d(4)) and shall be allotted to States in ac- teer Service Act of 1973 (42 U.S.C. 5000).
from the grant, through the end of fiscal cordance with section 203 of such Act (42 (6) ADMINISTRATIVE COSTS.—$73,000,000 shall
year 2025; U.S.C. 5116b), except that— be used for the Corporation for National and
‘‘(2) $18,000,000 to carry out section 309. (A) in subsection (b)(1)(A) of such section Community Service for administrative ex-
‘‘(3) $2,000,000 to carry out section 313, of 203, ‘‘70 percent’’ shall be deemed to be ‘‘100 penses to carry out programs and activities
which $1,000,000 shall be allocated to support percent’’; and funded by subsection (a).
Indian communities.’’. (B) subsections (b)(1)(B) and (c) of such sec- (7) OFFICE OF INSPECTOR GENERAL.—
(b) COVID–19 PUBLIC HEALTH EMERGENCY tion 203 shall not apply; and $9,000,000 shall be used for the Office of In-
DEFINED.—In this section, the term ‘‘COVID– (2) $100,000,000 for carrying out the State spector General of the Corporation for Na-
19 public health emergency’’ means the pub- grant program authorized under section 106 tional and Community Service for salaries
lic health emergency declared by the Sec- of the Child Abuse Prevention and Treat- and expenses necessary for oversight and
retary of Health and Human Services under ment Act (42 U.S.C. 5106a), which shall be al- audit of programs and activities funded by
section 319 of the Public Health Service Act located without regard to section 112(a)(2) of subsection (a).
(42 U.S.C. 247d) on January 31, 2020, with re- such Act (42 U.S.C. 5106h(a)(2)). (c) NATIONAL SERVICE TRUST.—In addition
spect to COVID–19, including any renewal of to amounts otherwise made available, there
SEC. 2206. CORPORATION FOR NATIONAL AND
the declaration. COMMUNITY SERVICE AND THE NA- is appropriated for fiscal year 2021, out of
(c) GRANTS TO SUPPORT CULTURALLY SPE- TIONAL SERVICE TRUST. any money in the Treasury not otherwise ap-
CIFIC POPULATIONS.— propriated, $148,000,000, to remain available
(a) CORPORATION FOR NATIONAL AND COMMU-
(1) IN GENERAL.—In addition to amounts until expended, for administration of the Na-
NITY SERVICE.—In addition to amounts other-
otherwise made available, there is appro- tional Service Trust, and for payment to the
wise made available, there is appropriated
priated, out of any amounts in the Treasury Trust for the provision of educational awards
for fiscal year 2021, out of any money in the
not otherwise appropriated, to the Secretary pursuant to section 145(a)(1)(A) of the Na-
Treasury not otherwise appropriated, to the
of Health and Human Services (in this sec- tional and Community Service Act of 1990 (42
Corporation for National and Community
tion referred to as the ‘‘Secretary’’), U.S.C. 12601(a)(1)(A)).
Service, $852,000,000, to remain available
$49,500,000 for fiscal year 2021, to be available Subtitle D—Public Health
through September 30, 2024, to carry out sub-
until expended, to carry out this subsection SEC. 2301. FUNDING FOR COVID–19 VACCINE AC-
section (b), except that amounts to carry out
(excluding Federal administrative costs, for TIVITIES AT THE CENTERS FOR DIS-
subsection (b)(7) shall remain available until
which funds are appropriated under sub- EASE CONTROL AND PREVENTION.
September 30, 2026.
section (e)). (a) IN GENERAL.—In addition to amounts
(2) USE OF FUNDS.—From amounts appro- (b) ALLOCATION OF AMOUNTS.—Amounts
otherwise available, there is appropriated to
priated under paragraph (1), the Secretary provided by subsection (a) shall be allocated the Secretary of Health and Human Services
acting through the Director of the Family as follows: (in this subtitle referred to as the ‘‘Sec-
Violence Prevention and Services Program, (1) AMERICORPS STATE AND NATIONAL.— retary’’) for fiscal year 2021, out of any
shall— $620,000,000 shall be used— money in the Treasury not otherwise appro-
(A) support culturally specific community- (A) to increase the living allowances of priated, $7,500,000,000, to remain available
based organizations to provide culturally participants in national service programs; until expended, to carry out activities to
specific activities for survivors of sexual as- and plan, prepare for, promote, distribute, ad-
sault and domestic violence, to address (B) to make funding adjustments to exist- minister, monitor, and track COVID–19 vac-
emergent needs resulting from the COVID–19 ing (as of the date of enactment of this Act) cines.
public health emergency and other public awards and award new and additional awards (b) USE OF FUNDS.—The Secretary, acting
health concerns; and to entities to support programs described in through the Director of the Centers for Dis-
(B) support culturally specific community- paragraphs (1)(B), (2)(B), (3)(B), (4)(B), and ease Control and Prevention, and in con-
based organizations that provide culturally (5)(B) of subsection (a), and subsection (b)(2), sultation with other agencies, as applicable,
specific activities to promote strategic part- of section 122 of the National and Commu- shall, in conducting activities referred to in
nership development and collaboration in re- nity Service Act of 1990 (42 U.S.C. 12572), subsection (a)—
sponding to the impact of COVID–19 and whether or not the entities are already grant (1) conduct activities to enhance, expand,
other public health concerns on survivors of recipients under such provisions on the date and improve nationwide COVID–19 vaccine
sexual assault and domestic violence. of enactment of this Act, and notwith- distribution and administration, including
(d) GRANTS TO SUPPORT SURVIVORS OF SEX- standing section 122(a)(1)(B)(vi) of the Na- activities related to distribution of ancillary
UAL ASSAULT.— tional and Community Service Act of 1990 (42 medical products and supplies related to vac-
(1) IN GENERAL.—In addition to amounts U.S.C. 12572(a)(1)(B)(vi)), by— cines; and
otherwise made available, there is appro- (i) prioritizing entities serving commu- (2) provide technical assistance, guidance,
priated, out of any amounts in the Treasury nities disproportionately impacted by and support to, and award grants or coopera-
not otherwise appropriated, to the Sec- COVID–19 and utilizing culturally competent tive agreements to, State, local, Tribal, and
retary, $198,000,000 for fiscal year 2021, to be and multilingual strategies in the provision territorial public health departments for en-
available until expended, to carry out this of services; and hancement of COVID–19 vaccine distribution
subsection (excluding Federal administrative (ii) taking into account the diversity of and administration capabilities, including—
costs, for which funds are appropriated under communities and participants served by such (A) the distribution and administration of
subsection (e)). entities, including racial, ethnic, socio- vaccines licensed under section 351 of the
(2) USE OF FUNDS.—From amounts appro- economic, linguistic, or geographic diver- Public Health Service Act (42 U.S.C. 262) or
priated under paragraph (1), the Secretary sity. authorized under section 564 of the Federal
acting through the Director of the Family (2) STATE COMMISSIONS.—$20,000,000 shall be Food, Drug, and Cosmetic Act (21 U.S.C.
Violence Prevention and Services Program, used to make adjustments to existing (as of 360bbb–3) and ancillary medical products and
shall assist rape crisis centers in the date of enactment of this Act) awards supplies related to vaccines;
transitioning to virtual services and meeting and new and additional awards, including (B) the establishment and expansion, in-
the emergency needs of survivors. awards to State Commissions on National cluding staffing support, of community vac-
(e) ADMINISTRATIVE COSTS.—In addition to and Community Service, under section 126(a) cination centers, particularly in underserved
amounts otherwise made available, there is of the National and Community Service Act areas;
appropriated to the Secretary, out of any of 1990 (42 U.S.C. 12576(a)). (C) the deployment of mobile vaccination
(3) VOLUNTEER GENERATION FUND.— units, particularly in underserved areas;
SSpencer on DSK126QN23PROD with SENATE
amounts in the Treasury not otherwise ap-
propriated, $2,500,000 for fiscal year 2021, to $20,000,000 shall be used for expenses author- (D) information technology, standards-
remain available until expended, for the Fed- ized under section 501(a)(4)(F) of the National based data, and reporting enhancements, in-
eral administrative costs of carrying out and Community Service Act of 1990 (42 U.S.C. cluding improvements necessary to support
subsections (c) and (d). 12681(a)(4)(F)), which, notwithstanding sec- standards-based sharing of data related to
SEC. 2205. CHILD ABUSE PREVENTION AND tion 198P(d)(1)(B) of that Act (42 U.S.C. vaccine distribution and vaccinations and
TREATMENT. 12653p(d)(1)(B)), shall be for grants awarded systems that enhance vaccine safety, effec-
In addition to amounts otherwise avail- by the Corporation for National and Commu- tiveness, and uptake, particularly among un-
able, there is appropriated to the Secretary nity Service on a competitive basis. derserved populations;
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00101 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.036 S04MRPT1
S1138 CONGRESSIONAL RECORD — SENATE March 4, 2021
(E) facilities enhancements; therapeutics, and ancillary medical products tivities authorized under section 319(a) of the
(F) communication with the public regard- and supplies to prevent, prepare, or respond Public Health Service Act;
ing when, where, and how to receive COVID– to— (2) provide technical assistance, guidance,
19 vaccines; and (1) SARS–CoV–2 or any viral variant mu- and support, and award grants or cooperative
(G) transportation of individuals to facili- tating therefrom with pandemic potential; agreements to State, local, and territorial
tate vaccinations, including at community and public health departments for activities to
vaccination centers and mobile vaccination (2) COVID–19 or any disease with potential detect, diagnose, trace, and monitor SARS–
units, particularly for underserved popu- for creating a pandemic. CoV–2 and COVID–19 infections and related
lations. SEC. 2304. FUNDING FOR COVID–19 VACCINE, strategies and activities to mitigate the
(c) SUPPLEMENTAL FUNDING FOR STATE THERAPEUTIC, AND DEVICE ACTIVI- spread of COVID–19;
VACCINATION GRANTS.— TIES AT THE FOOD AND DRUG AD- (3) support the development, manufac-
(1) DEFINITIONS.—In this subsection: MINISTRATION. turing, procurement, distribution, and ad-
(A) BASE FORMULA.—The term ‘‘base for- In addition to amounts otherwise avail- ministration of tests to detect or diagnose
mula’’ means the allocation formula that ap- able, there is appropriated to the Secretary SARS–CoV–2 and COVID–19, including
plied to the Public Health Emergency Pre- for fiscal year 2021, out of any money in the through—
paredness cooperative agreement in fiscal Treasury not otherwise appropriated, (A) support for the development, manufac-
year 2020. $500,000,000, to remain available until ex- ture, procurement, and distribution of sup-
(B) ALTERNATIVE ALLOCATION.—The term pended, to be used for the evaluation of the plies necessary for administering tests, such
‘‘alternative allocation’’ means an allocation continued performance, safety, and effective- as personal protective equipment; and
to each State, territory, or locality cal- ness, including with respect to emerging (B) support for the acquisition, construc-
culated using the percentage derived from COVID–19 variants, of vaccines, therapeutics, tion, alteration, or renovation of non-feder-
the allocation received by such State, terri- and diagnostics approved, cleared, licensed, ally owned facilities for the production of
tory, or locality of the aggregate amount of or authorized for use for the treatment, pre- diagnostics and ancillary medical products
fiscal year 2020 Public Health Emergency vention, or diagnosis of COVID–19; facilita- and supplies where the Secretary determines
Preparedness cooperative agreement awards tion of advanced continuous manufacturing that such an investment is necessary to en-
under section 319C–1 of the Public Health activities related to production of vaccines sure the production of sufficient amounts of
Service Act (42 U.S.C. 247d–3a). and related materials; facilitation and con- such supplies;
(2) SUPPLEMENTAL FUNDING.— duct of inspections related to the manufac- (4) establish and expand Federal, State,
(A) IN GENERAL.—Not later than 21 days turing of vaccines, therapeutics, and devices local, and territorial testing and contact
after the date of enactment of this Act, the delayed or cancelled for reasons related to tracing capabilities, including—
Secretary shall use amounts described in COVID–19; review of devices authorized for (A) through investments in laboratory ca-
subsection (a) to provide supplemental fund- use for the treatment, prevention, or diag- pacity, such as—
ing to any State, locality, or territory that nosis of COVID–19; and oversight of the sup- (i) academic and research laboratories, or
received less of the amounts that were ap- ply chain and mitigation of shortages of vac- other laboratories that could be used for
propriated under title III of division M of cines, therapeutics, and devices approved, processing of COVID–19 testing;
Public Law 116–260 for vaccination grants to cleared, licensed, or authorized for use for (ii) community-based testing sites and
be issued by the Centers for Disease Control the treatment, prevention, or diagnosis of community-based organizations; or
and Prevention than such State, locality, or COVID–19 by the Food and Drug Administra- (iii) mobile health units, particularly in
territory would have received had such tion. medically underserved areas; and
amounts been allocated using the alternative SEC. 2305. REDUCED COST-SHARING. (B) with respect to quarantine and isola-
allocation. (a) IN GENERAL.—Section 1402 of the Pa- tion of contacts;
(B) AMOUNT.—The amount of supplemental tient Protection and Affordable Care Act is (5) enhance information technology, data
funding provided under this subsection shall amended by redesignating subsection (f) as modernization, and reporting, including im-
be equal to the difference between— subsection (g) and by inserting after sub- provements necessary to support sharing of
(i) the amount the State, locality, or terri- section (e) the following new subsection: data related to public health capabilities;
tory received, or would receive, under the ‘‘(f) SPECIAL RULE FOR INDIVIDUALS WHO (6) award grants to, or enter into coopera-
base formula; and RECEIVE UNEMPLOYMENT COMPENSATION DUR- tive agreements or contracts with, State,
(ii) the amount the State, locality, or ter- ING 2021.—For purposes of this section, in the local, and territorial public health depart-
ritory would receive under the alternative case of an individual who has received, or ments to establish, expand, and sustain a
allocation. has been approved to receive, unemployment public health workforce; and
SEC. 2302. FUNDING FOR VACCINE CONFIDENCE compensation for any week beginning during (7) to cover administrative and program
ACTIVITIES. 2021, for the plan year in which such week be- support costs necessary to conduct activities
In addition to amounts otherwise avail- gins— related to subparagraph (a).
able, there is appropriated to the Secretary ‘‘(1) such individual shall be treated as SEC. 2402. FUNDING FOR SARS–COV–2 GENOMIC
for fiscal year 2021, out of any money in the SEQUENCING AND SURVEILLANCE.
meeting the requirements of subsection
Treasury not otherwise appropriated, (b)(2), and (a) IN GENERAL.—In addition to amounts
$1,000,000,000, to remain available until ex- ‘‘(2) for purposes of subsections (c) and (d), otherwise available, there is appropriated to
pended, to carry out activities, acting there shall not be taken into account any the Secretary for fiscal year 2021 out of any
through the Director of the Centers for Dis- money in the Treasury not otherwise appro-
household income of the individual in excess
ease Control and Prevention— priated, $1,750,000,000, to remain available
of 133 percent of the poverty line for a family
(1) to strengthen vaccine confidence in the until expended, to strengthen and expand ac-
of the size involved.’’.
United States, including its territories and tivities and workforce related to genomic se-
(b) EFFECTIVE DATE.—The amendment
possessions; quencing, analytics, and disease surveil-
made by this section shall apply to plan
(2) to provide further information and edu- lance.
years beginning after December 31, 2020. (b) USE OF FUNDS.—From amounts appro-
cation with respect to vaccines licensed
under section 351 of the Public Health Serv- Subtitle E—Testing priated by subsection (a), the Secretary, act-
ice Act (42 U.S.C. 262) or authorized under SEC. 2401. FUNDING FOR COVID–19 TESTING, ing through the Director of the Centers for
section 564 of the Federal Food, Drug, and CONTACT TRACING, AND MITIGA- Disease Control and Prevention, shall—
TION ACTIVITIES. (1) conduct, expand, and improve activities
Cosmetic Act (21 U.S.C. 360bbb–3); and
(3) to improve rates of vaccination (a) IN GENERAL.—In addition to amounts to sequence genomes, identify mutations,
throughout the United States, including its otherwise available, there is appropriated to and survey the circulation and transmission
territories and possessions, including the Secretary of Health and Human Services of viruses and other organisms, including
through activities described in section 313 of (in this subtitle referred to as the ‘‘Sec- strains of SARS–CoV–2;
the Public Health Service Act, as amended retary’’) for fiscal year 2021, out of any (2) award grants or cooperative agreements
by section 311 of division BB of the Consoli- money in the Treasury not otherwise appro- to State, local, Tribal, or territorial public
dated Appropriations Act, 2021 (Public Law priated, $47,800,000,000, to remain available health departments or public health labora-
116–260). until expended, to carry out activities to de- tories—
SEC. 2303. FUNDING FOR SUPPLY CHAIN FOR tect, diagnose, trace, and monitor SARS– (A) to increase their capacity to sequence
COVID–19 VACCINES, THERA- CoV–2 and COVID–19 infections and related genomes of circulating strains of viruses and
strategies to mitigate the spread of COVID– other organisms, including SARS–CoV–2;
SSpencer on DSK126QN23PROD with SENATE
PEUTICS, AND MEDICAL SUPPLIES.
In addition to amounts otherwise avail- 19. (B) to identify mutations in viruses and
able, there is appropriated to the Secretary (b) USE OF FUNDS.—From amounts appro- other organisms, including SARS–CoV–2;
for fiscal year 2021, out of any money in the priated by subsection (a), the Secretary (C) to use genomic sequencing to identify
Treasury not otherwise appropriated, shall— outbreaks and clusters of diseases or infec-
$6,050,000,000, to remain available until ex- (1) implement a national, evidence-based tions, including COVID–19; and
pended, for necessary expenses with respect strategy for testing, contact tracing, surveil- (D) to develop effective disease response
to research, development, manufacturing, lance, and mitigation with respect to SARS– strategies based on genomic sequencing and
production, and the purchase of vaccines, CoV–2 and COVID–19, including through ac- surveillance data;
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00102 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.036 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1139
(3) enhance and expand the informatics ca- (4) Subawards from recipients of awards SEC. 2602. FUNDING FOR NATIONAL HEALTH
pabilities of the public health workforce; and under subsection (a) to local health depart- SERVICE CORPS.
(4) award grants for the construction, al- ments for the purposes of the activities fund- (a) IN GENERAL.—In addition to amounts
teration, or renovation of facilities to im- ed under this section. otherwise available, there is appropriated to
prove genomic sequencing and surveillance SEC. 2502. FUNDING FOR MEDICAL RESERVE the Secretary for fiscal year 2021, out of any
capabilities at the State and local level. CORPS. money in the Treasury not otherwise appro-
SEC. 2403. FUNDING FOR GLOBAL HEALTH. In addition to amounts otherwise avail- priated, $800,000,000, to remain available
In addition to amounts otherwise avail- able, there is appropriated to the Secretary until expended, for carrying out sections
able, there is appropriated to the Secretary for fiscal year 2021, out of any money in the 338A, 338B, and 338I of the Public Health
for fiscal year 2021, out of any amounts in Treasury not otherwise appropriated, Service Act (42 U.S.C. 254l, 254l–1, 254q–1)
the Treasury not otherwise appropriated, $100,000,000, to remain available until ex- with respect to the health workforce.
$750,000,000, to remain available until ex- pended, for carrying out section 2813 of the (b) STATE LOAN REPAYMENT PROGRAMS.—
pended, for activities to be conducted acting Public Health Service Act (42 U.S.C. 300hh– (1) IN GENERAL.—Of the amount made
through the Director of the Centers for Dis- 15). available pursuant to subsection (a),
ease Control and Prevention to combat Subtitle G—Public Health Investments $100,000,000 shall be made available for pro-
SARS–CoV–2, COVID–19, and other emerging viding primary health services through
SEC. 2601. FUNDING FOR COMMUNITY HEALTH
infectious disease threats globally, including CENTERS AND COMMUNITY CARE. grants to States under section 338I(a) of the
efforts related to global health security, (a) IN GENERAL.—In addition to amounts Public Health Service Act (42 U.S.C. 254q–
global disease detection and response, global otherwise available, there is appropriated to 1(a)).
health protection, global immunization, and the Secretary of Health and Human Services (2) CONDITIONS.—With respect to grants de-
global coordination on public health. (in this subtitle referred to as the ‘‘Sec- scribed in paragraph (1) using funds made
SEC. 2404. FUNDING FOR DATA MODERNIZATION retary’’) for fiscal year 2021, out of any available under such paragraph:
AND FORECASTING CENTER. money in the Treasury not otherwise appro- (A) Section 338I(b) of the Public Health
In addition to amounts otherwise avail- priated, $7,600,000,000, to remain available Service Act (42 U.S.C. 254q–1(b)) shall not
able, there is appropriated to the Secretary until expended, for necessary expenses for apply.
for fiscal year 2021, out of any money in the awarding grants and cooperative agreements (B) Notwithstanding section 338I(d)(2) of
Treasury not otherwise appropriated, under section 330 of the Public Health Serv- the Public Health Service Act (42 U.S.C.
$500,000,000, to remain available until ex- ice Act (42 U.S.C. 254b) to be awarded with- 254q–1(d)(2)), not more than 10 percent of an
pended, for activities to be conducted acting out regard to the time limitation in sub- award to a State from such amounts, may be
through the Director of the Centers for Dis- section (e)(3) and subsections (e)(6)(A)(iii), used by the State for costs of administering
ease Control and Prevention to support pub- (e)(6)(B)(iii), and (r)(2)(B) of such section 330, the State loan repayment program.
lic health data surveillance and analytics in- and for necessary expenses for awarding SEC. 2603. FUNDING FOR NURSE CORPS.
frastructure modernization initiatives at the grants to Federally qualified health centers, In addition to amounts otherwise avail-
Centers for Disease Control and Prevention, as described in section 1861(aa)(4)(B) of the able, there is appropriated to the Secretary
and establish, expand, and maintain efforts Social Security Act (42 for fiscal year 2021, out of any money in the
to modernize the United States disease warn- U.S.C.1395x(aa)(4)(B)), and for awarding Treasury not otherwise appropriated,
ing system to forecast and track hotspots for grants or contracts to Papa Ola Lokahi and $200,000,000, to remain available until ex-
COVID–19, its variants, and emerging bio- to qualified entities under sections 4 and 6 of pended, for carrying out section 846 of the
logical threats, including academic and the Native Hawaiian Health Care Improve- Public Health Service Act (42 U.S.C. 297n).
workforce support for analytics and ment Act (42 U.S.C. 11703, 11705). Of the total SEC. 2604. FUNDING FOR TEACHING HEALTH
informatics infrastructure and data collec- amount appropriated by the preceding sen- CENTERS THAT OPERATE GRAD-
tion systems. tence, not less than $20,000,000 shall be for UATE MEDICAL EDUCATION.
Subtitle F—Public Health Workforce grants or contracts to Papa Ola Lokahi and (a) IN GENERAL.—In addition to amounts
SEC. 2501. FUNDING FOR PUBLIC HEALTH WORK- to qualified entities under sections 4 and 6 of otherwise available, and notwithstanding the
FORCE. the Native Hawaiian Health Care Improve- capped amount referenced in sections
(a) IN GENERAL.—In addition to amounts ment Act (42 U.S.C. 11703, 11705). 340H(b)(2) and 340H(d)(2) of the Public Health
otherwise available, there is appropriated to (b) USE OF FUNDS.—Amounts made avail- Service Act (42 U.S.C. 256h(b)(2) and (d)(2)),
the Secretary of Health and Human Services able to an awardee pursuant to subsection there is appropriated to the Secretary for fis-
(in this subtitle referred to as the ‘‘Sec- (a) shall be used— cal year 2021, out of any money in the Treas-
retary’’) for fiscal year 2021, out of any (1) to plan, prepare for, promote, dis- ury not otherwise appropriated, $330,000,000,
money in the Treasury not otherwise appro- tribute, administer, and track COVID–19 vac- to remain available until September 30, 2023,
priated, $7,660,000,000, to remain available cines, and to carry out other vaccine-related for the program of payments to teaching
until expended, to carry out activities re- activities; health centers that operate graduate medical
lated to establishing, expanding, and sus- (2) to detect, diagnose, trace, and monitor education under section 340H of the Public
taining a public health workforce, including COVID–19 infections and related activities Health Service Act (42 U.S.C. 256h) and for
by making awards to State, local, and terri- necessary to mitigate the spread of COVID– teaching health center development grants
torial public health departments. 19, including activities related to, and equip- authorized under section 749A of the Public
(b) USE OF FUNDS FOR PUBLIC HEALTH DE- ment or supplies purchased for, testing, con- Health Service Act (42 U.S.C. 293l–1).
PARTMENTS.—Amounts made available to an tact tracing, surveillance, mitigation, and (b) USE OF FUNDS.—Amounts made avail-
awardee pursuant to subsection (a) shall be treatment of COVID–19; able pursuant to subsection (a) shall be used
used for the following: (3) to purchase equipment and supplies to for the following activities:
(1) Costs, including wages and benefits, re- conduct mobile testing or vaccinations for (1) For making payments to establish new
lated to the recruiting, hiring, and training COVID–19, to purchase and maintain mobile approved graduate medical residency train-
of individuals— vehicles and equipment to conduct such test- ing programs pursuant to section
(A) to serve as case investigators, contact ing or vaccinations, and to hire and train 340H(a)(1)(C) of the Public Health Service
tracers, social support specialists, commu- laboratory personnel and other staff to con- Act (42 U.S.C. 256h(a)(1)(C)).
nity health workers, public health nurses, duct such mobile testing or vaccinations, (2) To provide an increase to the per resi-
disease intervention specialists, epidemiolo- particularly in medically underserved areas; dent amount described in section 340H(a)(2)
gists, program managers, laboratory per- (4) to establish, expand, and sustain the of the Public Health Service Act (42 U.S.C.
sonnel, informaticians, communication and health care workforce to prevent, prepare 256h(a)(2)) of $10,000.
policy experts, and any other positions as for, and respond to COVID–19, and to carry (3) For making payments under section
may be required to prevent, prepare for, and out other health workforce-related activi- 340H(a)(1)(A) of the Public Health Service
respond to COVID–19; and ties; Act (42 U.S.C. 256h(a)(1)(A))) to qualified
(B) who are employed by— (5) to modify, enhance, and expand health teaching health centers for maintenance of
(i) the State, territorial, or local public care services and infrastructure; and filled positions at existing approved grad-
health department involved; or (6) to conduct community outreach and uate medical residency training programs.
(ii) a nonprofit private or public organiza- education activities related to COVID–19. (4) For making payments under section
tion with demonstrated expertise in imple- (c) PAST EXPENDITURES.—An awardee may 340H(a)(1)(B) of the Public Health Service
menting public health programs and estab- use amounts awarded pursuant to subsection Act (42 U.S.C. 256h(a)(1)(B)) for the expansion
lished relationships with such State, terri- (a) to cover the costs of the awardee carrying of existing approved graduate medical resi-
SSpencer on DSK126QN23PROD with SENATE
torial, or local public health departments, out any of the activities described in sub- dency training programs.
particularly in medically underserved areas. section (b) during the period beginning on (5) For making awards under section 749A
(2) Personal protective equipment, data the date of the declaration of a public health of the Public Health Service Act (42 U.S.C.
management and other technology, or other emergency by the Secretary under section 293l–1) to teaching health centers for the pur-
necessary supplies. 319 of the Public Health Service Act (42 pose of establishing new accredited or ex-
(3) Administrative costs and activities nec- U.S.C. 247d) on January 31, 2020, with respect panded primary care residency programs.
essary for awardees to implement activities to COVID–19 and ending on the date of such (6) To cover administrative costs and ac-
funded under this section. award. tivities necessary for qualified teaching
VerDate Sep 11 2014 09:36 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00103 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.036 S04MRPT1
S1140 CONGRESSIONAL RECORD — SENATE March 4, 2021
health centers receiving payments under sec- such individuals, in evidence-informed strat- ices programs, and other harm reduction
tion 340H of the Public Health Service Act egies for reducing and addressing suicide, services.
(42 U.S.C. 256h) to carry out activities under burnout, mental health conditions, and sub- (2) USE OF GRANT FUNDS.—Grant funds
such section. stance use disorders among health care pro- awarded under this section to eligible enti-
SEC. 2605. FUNDING FOR FAMILY PLANNING. fessionals. ties shall be used for preventing and control-
In addition to amounts otherwise avail- SEC. 2704. FUNDING FOR EDUCATION AND ling the spread of infectious diseases and the
able, there is appropriated to the Secretary AWARENESS CAMPAIGN ENCOUR- consequences of such diseases for individuals
for fiscal year 2021, out of any money in the AGING HEALTHY WORK CONDITIONS with substance use disorder, distributing
AND USE OF MENTAL HEALTH AND opioid overdose reversal medication to indi-
Treasury not otherwise appropriated, SUBSTANCE USE DISORDER SERV-
$50,000,000, to remain available until ex- viduals at risk of overdose, connecting indi-
ICES BY HEALTH CARE PROFES-
pended, for necessary expenses for making SIONALS. viduals at risk for, or with, a substance use
grants and contracts under section 1001 of disorder to overdose education, counseling,
(a) IN GENERAL.—In addition to amounts
the Public Health Service Act (42 U.S.C. 300). and health education, and encouraging such
otherwise available, there is appropriated to
individuals to take steps to reduce the nega-
Subtitle H—Mental Health and Substance the Secretary for fiscal year 2021, out of any
tive personal and public health impacts of
Use Disorder money in the Treasury not otherwise appro-
substance use or misuse.
SEC. 2701. FUNDING FOR BLOCK GRANTS FOR priated, $20,000,000, to remain available until
COMMUNITY MENTAL HEALTH SERV- expended, for the purpose described in sub- SEC. 2707. FUNDING FOR COMMUNITY-BASED
FUNDING FOR LOCAL BEHAVIORAL
ICES. section (b).
HEALTH NEEDS.
In addition to amounts otherwise avail- (b) USE OF FUNDS.—The Secretary, acting
able, there is appropriated to the Secretary through the Director of the Centers for Dis- (a) IN GENERAL.—In addition to amounts
of Health and Human Services (in this sub- ease Control and Prevention and in consulta- otherwise available, there is appropriated to
title referred to as the ‘‘Secretary’’) for fis- tion with the medical professional commu- the Secretary for fiscal year 2021, out of any
cal year 2021, out of any money in the Treas- nity, shall use amounts appropriated by sub- money in the Treasury not otherwise appro-
ury not otherwise appropriated, $1,500,000,000, section (a) to carry out a national evidence- priated, $50,000,000, to remain available until
to remain available until expended, for car- based education and awareness campaign di- expended, to carry out the purpose described
rying out subpart I of part B of title XIX of rected at health care professionals and first in subsection (b).
the Public Health Service Act (42 U.S.C. 300x responders (such as emergency medical serv- (b) USE OF FUNDS.—
et seq.), subpart III of part B of title XIX of ice providers), and employers of such profes- (1) IN GENERAL.—The Secretary, acting
such Act (42 U.S.C. 300x–51 et seq.), and sec- sionals and first responders. Such awareness through the Assistant Secretary for Mental
tion 505(c) of such Act (42 U.S.C. 290aa–4(c)) campaign shall— Health and Substance Use, shall award
with respect to mental health. Notwith- (1) encourage primary prevention of men- grants to State, local, Tribal, and territorial
standing section 1952 of the Public Health tal health conditions and substance use dis- governments, Tribal organizations, nonprofit
Service Act (42 U.S.C. 300x–62), any amount orders and secondary and tertiary prevention community-based entities, and primary care
awarded to a State out of amounts appro- by encouraging health care professionals to and behavioral health organizations to ad-
priated by this section shall be expended by seek support and treatment for their own dress increased community behavioral
the State by September 30, 2025. mental health and substance use concerns; health needs worsened by the COVID–19 pub-
SEC. 2702. FUNDING FOR BLOCK GRANTS FOR and lic health emergency.
PREVENTION AND TREATMENT OF (2) help such professionals to identify risk (2) USE OF GRANT FUNDS.—Grant funds
SUBSTANCE ABUSE. factors in themselves and others and respond awarded under this section to eligible enti-
In addition to amounts otherwise avail- to such risks. ties shall be used for promoting care coordi-
able, there is appropriated to the Secretary SEC. 2705. FUNDING FOR GRANTS FOR HEALTH nation among local entities; training the
for fiscal year 2021, out of any money in the CARE PROVIDERS TO PROMOTE mental and behavioral health workforce, rel-
Treasury not otherwise appropriated, MENTAL HEALTH AMONG THEIR evant stakeholders, and community mem-
$1,500,000,000, to remain available until ex- HEALTH PROFESSIONAL WORK- bers; expanding evidence-based integrated
FORCE. models of care; addressing surge capacity for
pended, for carrying out subpart II of part B
of title XIX of the Public Health Service Act (a) IN GENERAL.—In addition to amounts mental and behavioral health needs; pro-
(42 U.S.C. 300x–21 et seq.), subpart III of part otherwise available, there is appropriated to viding mental and behavioral health services
B of title XIX of such Act (42 U.S.C. 300x–51 the Secretary for fiscal year 2021, out of any to individuals with mental health needs (in-
et seq.), section 505(d) of such Act (42 U.S.C. money in the Treasury not otherwise appro- cluding co-occurring substance use dis-
290aa–4(d)) with respect to substance abuse, priated, $40,000,000, to remain available until orders) as delivered by behavioral and men-
and section 515(d) of such Act (42 U.S.C. expended, for the purpose described in sub- tal health professionals utilizing telehealth
290bb–21(d)). Notwithstanding section 1952 of section (b). services; and supporting, enhancing, or ex-
the Public Health Service Act (42 U.S.C. (b) USE OF FUNDS.—The Secretary, acting panding mental and behavioral health pre-
300x–62), any amount awarded to a State out through the Administrator of the Health Re- ventive and crisis intervention services.
of amounts appropriated by this section sources and Services Administration, shall, SEC. 2708. FUNDING FOR THE NATIONAL CHILD
shall be expended by the State by September taking into consideration the needs of rural TRAUMATIC STRESS NETWORK.
30, 2025. and medically underserved communities, use In addition to amounts otherwise avail-
SEC. 2703. FUNDING FOR MENTAL HEALTH AND
amounts appropriated by subsection (a) to able, there is appropriated to the Secretary
SUBSTANCE USE DISORDER TRAIN- award grants or contracts to entities pro- for fiscal year 2021, out of any money in the
ING FOR HEALTH CARE PROFES- viding health care, including health care pro- Treasury not otherwise appropriated,
SIONALS, PARAPROFESSIONALS, viders associations and Federally qualified $10,000,000, to remain available until ex-
AND PUBLIC SAFETY OFFICERS. health centers, to establish, enhance, or ex- pended, for carrying out section 582 of the
(a) IN GENERAL.—In addition to amounts pand evidence-informed programs or proto- Public Health Service Act (42 U.S.C. 290hh–1)
otherwise available, there is appropriated to cols to promote mental health among their with respect to addressing the problem of
the Secretary for fiscal year 2021, out of any providers, other personnel, and members. high-risk or medically underserved persons
money in the Treasury not otherwise appro- SEC. 2706. FUNDING FOR COMMUNITY-BASED who experience violence-related stress.
priated, $80,000,000, to remain available until FUNDING FOR LOCAL SUBSTANCE
USE DISORDER SERVICES. SEC. 2709. FUNDING FOR PROJECT AWARE.
expended, for the purpose described in sub-
section (b). (a) IN GENERAL.—In addition to amounts In addition to amounts otherwise avail-
(b) USE OF FUNDING.—The Secretary, act- otherwise available, there is appropriated to able, there is appropriated to the Secretary
ing through the Administrator of the Health the Secretary for fiscal year 2021, out of any for fiscal year 2021, out of any money in the
Resources and Services Administration, money in the Treasury not otherwise appro- Treasury not otherwise appropriated,
shall, taking into consideration the needs of priated, $30,000,000, to remain available until $30,000,000, to remain available until ex-
rural and medically underserved commu- expended, to carry out the purpose described pended, for carrying out section 520A of the
nities, use amounts appropriated by sub- in subsection (b). Public Health Service Act (42 U.S.C. 290bb–
section (a) to award grants or contracts to (b) USE OF FUNDS.— 32) with respect to advancing wellness and
health professions schools, academic health (1) IN GENERAL.—The Secretary, acting resiliency in education.
centers, State or local governments, Indian through the Assistant Secretary for Mental SEC. 2710. FUNDING FOR YOUTH SUICIDE PRE-
Tribes and Tribal organizations, or other ap- Health and Substance Use and in consulta- VENTION.
SSpencer on DSK126QN23PROD with SENATE
propriate public or private nonprofit entities tion with the Director of the Centers for Dis- In addition to amounts otherwise avail-
(or consortia of entities, including entities ease Control and Prevention, shall award able, there is appropriated to the Secretary
promoting multidisciplinary approaches), to grants to support States; local, Tribal, and for fiscal year 2021, out of any money in the
plan, develop, operate, or participate in territorial governments; Tribal organiza- Treasury not otherwise appropriated,
health professions and nursing training ac- tions; nonprofit community-based organiza- $20,000,000, to remain available until ex-
tivities for health care students, residents, tions; and primary and behavioral health or- pended, for carrying out sections 520E and
professionals, paraprofessionals, trainees, ganizations to support community-based 520E–2 of the Public Health Service Act (42
and public safety officers, and employers of overdose prevention programs, syringe serv- U.S.C. 290bb–36, 290bb–36b).
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00104 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.036 S04MRPT1
March 4, 2021 CONGRESSIONAL RECORD — SENATE S1141
SEC. 2711. FUNDING FOR BEHAVIORAL HEALTH the cost of such benefits provided under such ations and improvements for the Informa-
WORKFORCE EDUCATION AND section 2(a)(5) as in effect on the day before tion Technology Investment Initiatives of
TRAINING. the date of enactment of this Act. the Railroad Retirement Board; and
In addition to amounts otherwise avail- SEC. 2902. EXTENDED UNEMPLOYMENT BENE- (2) $500,000, to remain available until ex-
able, there is appropriated to the Secretary FITS UNDER THE RAILROAD UNEM- pended, for the Railroad Retirement Board
for fiscal year 2021, out of any money in the PLOYMENT INSURANCE ACT. Office of Inspector General for audit, inves-
Treasury not otherwise appropriated, (a) IN GENERAL.—Section 2(c)(2)(D) of the tigatory and review activities.
$100,000,000, to remain available until ex- Railroad Unemployment Insurance Act (45
Subtitle K—Ratepayer Protection
pended, for carrying out section 756 of the U.S.C. 352(c)(2)(D)) is amended—
(1) in clause (i)— SEC. 2911. FUNDING FOR LIHEAP.
Public Health Service Act (42 U.S.C. 294e–1).
(A) in subclause (I), by striking ‘‘185 days’’ In addition to amounts otherwise avail-
SEC. 2712. FUNDING FOR PEDIATRIC MENTAL
HEALTH CARE ACCESS. and inserting ‘‘305 days’’; able, there is appropriated for fiscal year
In addition to amounts otherwise avail- (B) in subclause (II), 2021, out of any amounts in the Treasury not
able, there is appropriated to the Secretary (i) by striking ‘‘19 consecutive 14-day peri- otherwise appropriated, $4,500,000,000, to re-
for fiscal year 2021, out of any money in the ods’’ and inserting ‘‘31 consecutive 14-day pe- main available through September 30, 2022,
Treasury not otherwise appropriated, riods’’; and for additional funding to provide payments
$80,000,000, to remain available until ex- (ii) by striking ‘‘6 consecutive 14-day peri- under section 2602(b) of the Low-Income
pended, for carrying out section 330M of the ods’’ and inserting ‘‘18 consecutive 14-day pe- Home Energy Assistance Act of 1981 (42
Public Health Service Act (42 U.S.C. 254c–19). riods’’; U.S.C. 8621(b)), except that—
(2) in clause (ii)— (1) $2,250,000,000 of such amounts shall be
SEC. 2713. FUNDING FOR EXPANSION GRANTS
FOR CERTIFIED COMMUNITY BE- (A) by striking ‘‘120 days of unemploy- allocated as though the total appropriation
HAVIORAL HEALTH CLINICS. ment’’ and inserting ‘‘240 days of unemploy- for such payments for fiscal year 2021 was
In addition to amounts otherwise avail- ment’’; less than $1,975,000,000; and
able, there is appropriated to the Secretary, (B) by striking ‘‘12 consecutive 14-day peri- (2) section 2607(b)(2)(B) of such Act (42
acting through the Assistant Secretary for ods’’ and inserting ‘‘24 consecutive 14-day pe- U.S.C. 8626(b)(2)(B)) shall not apply to funds
Mental Health and Substance Use, for fiscal riods’’; and appropriated under this section for fiscal
year 2021, out of any money in the Treasury (C) by striking ‘‘6 consecutive 14-day peri- year 2021.
not otherwise appropriated, $420,000,000, to ods’’ and inserting ‘‘18 consecutive 14-day pe- SEC. 2912. FUNDING FOR WATER ASSISTANCE
PROGRAM.
remain available until expended, for grants riods’’; and
to communities and community organiza- (3) in clause (iii)— (a) IN GENERAL.—In addition to amounts
tions that meet the criteria for Certified (A) by striking ‘‘June 30, 2021’’ and insert- otherwise available, there is appropriated to
Community Behavioral Health Clinics pursu- ing ‘‘June 30, 2022’’; and the Secretary of Health and Human Services
ant to section 223(a) of the Protecting Access (B) by striking ‘‘the provisions of clauses (in this section referred to as the ‘‘Sec-
to Medicare Act of 2014 (42 U.S.C. 1396a note). (i) and (ii) shall not apply to any employee retary’’) for fiscal year 2021, out of any
whose extended benefit period under sub- amounts in the Treasury not otherwise ap-
Subtitle I—Exchange Grant Program propriated, $500,000,000, to remain available
paragraph (B) begins after March 14, 2021,
SEC. 2801. ESTABLISHING A GRANT PROGRAM until expended, for grants to States and In-
FOR EXCHANGE MODERNIZATION. and shall not apply to any employee with re-
spect to any registration period beginning dian Tribes to assist low-income households,
(a) IN GENERAL.—Out of funds appropriated particularly those with the lowest incomes,
under subsection (b), the Secretary of Health after April 5, 2021.’’ and inserting ‘‘the provi-
sions of clauses (i) and (ii) shall not apply to that pay a high proportion of household in-
and Human Services (in this subtitle referred come for drinking water and wastewater
to as the ‘‘Secretary’’) shall award grants to any employee with respect to any registra-
tion period beginning after August 29, 2021.’’ services, by providing funds to owners or op-
each American Health Benefits Exchange es- erators of public water systems or treatment
(b) CLARIFICATION ON AUTHORITY TO USE
tablished under section 1311(b) of the Patient FUNDS.—Funds appropriated under either the works to reduce arrearages of and rates
Protection and Affordable Care Act (42 first or second sentence of clause (v) of sec- charged to such households for such services.
U.S.C. 18031(b)) (other than an Exchange es- tion 2(c)(2)(D) of the Railroad Unemploy- (b) ALLOTMENT.—The Secretary shall—
tablished by the Secretary under section ment Insurance Act shall be available to (1) allot amounts appropriated in this sec-
1321(c) of such Act (42 U.S.C. 18041(c))) that cover the cost of additional extended unem- tion to a State or Indian Tribe based on—
submits to the Secretary an application at ployment benefits provided under such sec- (A) the percentage of households in the
such time and in such manner, and con- tion 2(c)(2)(D) by reason of the amendments State, or under the jurisdiction of the Indian
taining such information, as specified by the made by subsection (a) as well as to cover Tribe, with income equal or less than 150 per-
Secretary, for purposes of enabling such Ex- the cost of such benefits provided under such cent of the Federal poverty line; and
change to modernize or update any system, section 2(c)(2)(D) as in effect on the day be- (B) the percentage of households in the
program, or technology utilized by such Ex- fore the date of enactment of this Act. State, or under the jurisdiction of the Indian
change to ensure such Exchange is compliant SEC. 2903. EXTENSION OF WAIVER OF THE 7-DAY Tribe, that spend more than 30 percent of
with all applicable requirements. WAITING PERIOD FOR BENEFITS monthly income on housing; and
(b) FUNDING.—In addition to amounts oth- UNDER THE RAILROAD UNEMPLOY- (2) reserve up to 3 percent of the amount
erwise available, there is appropriated, for MENT INSURANCE ACT. appropriated in this section for Indian Tribes
fiscal year 2021, out of any money in the (a) IN GENERAL.—Section 2112(a) of the and tribal organizations.
Treasury not otherwise appropriated, CARES Act (15 U.S.C. 9030(a)) is amended by Subtitle L—Assistance for Older Americans,
$20,000,000, to remain available until Sep- striking ‘‘March 14, 2021’’ and inserting ‘‘Au- Grandfamilies, and Kinship Families
tember 30, 2022, for carrying out this section. gust 29, 2021’’.
(b) CLARIFICATION ON AUTHORITY TO USE SEC. 2921. SUPPORTING OLDER AMERICANS AND
Subtitle J—Continued Assistance to Rail THEIR FAMILIES.
FUNDS.—Funds appropriated under section
Workers (a) APPROPRIATION.—In addition to
2112(c) of the CARES Act (15 U.S.C. 9030(c))
SEC. 2901. ADDITIONAL ENHANCED BENEFITS shall be available to cover the cost of addi- amounts otherwise available, there is appro-
UNDER THE RAILROAD UNEMPLOY- tional benefits payable due to section 2112(a) priated for fiscal year 2021, out of any money
MENT INSURANCE ACT. in the Treasury not otherwise appropriated,
of such Act by reason of the amendments
(a) IN GENERAL.—Section 2(a)(5)(A) of the made by subsection (a) as well as to cover $1,434,000,000, to remain available until ex-
Railroad Unemployment Insurance Act (45 the cost of such benefits payable due to such pended, to carry out the Older Americans
U.S.C. 352(a)(5)(A)) is amended— section 2112(a) as in effect on the day before Act of 1965.
(1) in the first sentence— the date of enactment of this Act. (b) ALLOCATION OF AMOUNTS.—Amounts
(A) by striking ‘‘March 14, 2021’’ and insert- SEC. 2904. RAILROAD RETIREMENT BOARD AND made available by subsection (a) shall be
ing ‘‘August 29, 2021’’; OFFICE OF THE INSPECTOR GEN- available as follows:
(B) by striking ‘‘or July 1, 2020’’ and insert- ERAL FUNDING. (1) $750,000,000 shall be available to carry
ing ‘‘July 1, 2020, or July 1, 2021’’; and In addition to amounts otherwise made out part C of title III of such Act.
(2) by adding at the end the following: ‘‘For available, there are appropriated for fiscal (2) $25,000,000 shall be available to carry
registration periods beginning after March year 2021, out of any money in the Treasury out title VI of such Act, including part C of
14, 2021, but on or before August 29, 2021, the not otherwise appropriated— such title.
recovery benefit payable under this subpara- (1) $27,975,000, to remain available until ex- (3) $460,000,000 shall be available to carry
graph shall be in the amount of $800.’’. pended, for the Railroad Retirement Board, out part B of title III of such Act, including
SSpencer on DSK126QN23PROD with SENATE
(b) CLARIFICATION ON AUTHORITY TO USE to prevent, prepare for, and respond to for—
FUNDS.—Funds appropriated under subpara- coronavirus, of which— (A) supportive services of the types made
graph (B) of section 2(a)(5) of the Railroad (A) $6,800,000 shall be for additional hiring available for fiscal year 2020;
Unemployment Insurance Act (45 U.S.C. and overtime bonuses as needed to admin- (B) efforts related to COVID–19 vaccination
352(a)(5)) shall be available to cover the cost ister the Railroad Unemployment Insurance outreach, including education, communica-
of recovery benefits provided under such sec- Act; and tion, transportation, and other activities to
tion 2(a)(5) by reason of the amendments (B) $21,175,000 shall be to supplement, not facilitate vaccination of older individuals;
made by subsection (a) as well as to cover supplant, existing resources devoted to oper- and
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00105 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.036 S04MRPT1
S1142 CONGRESSIONAL RECORD — SENATE March 4, 2021
(C) prevention and mitigation activities re- culturally and linguistically appropriate ap- Guam, the Commonwealth of the Northern
lated to COVID–19 focused on addressing ex- proaches as the programs and organizations Mariana Islands, and American Samoa;
tended social isolation among older individ- serve grandfamilies and kinship families. (B) $30,000,000 for costs of the Secretary for
uals, including activities for investments in TITLE III—COMMITTEE ON BANKING, the administration of emergency rental as-
technological equipment and solutions or HOUSING, AND URBAN AFFAIRS sistance programs and technical assistance
other strategies aimed at alleviating nega- to recipients of any grants made by the Sec-
Subtitle A—Defense Production Act of 1950
tive health effects of social isolation due to retary to provide financial and other assist-
long-term stay-at-home recommendations SEC. 3101. COVID–19 EMERGENCY MEDICAL SUP- ance to renters;
PLIES ENHANCEMENT.
for older individuals for the duration of the (C) $3,000,000 for administrative expenses of
COVID–19 public health emergency. (a) SUPPORTING ENHANCED USE OF THE DE- the Inspector General relating to oversight
(4) $44,000,000 shall be available to carry FENSE PRODUCTION ACT OF 1950.—In addition of funds provided in this section; and
out part D of title III of such Act. to funds otherwise available, there is appro- (D) $2,500,000,000 for payments to high-need
(5) $145,000,000 shall be available to carry priated, for fiscal year 2021, out of any grantees as provided in this section.
out part E of title III of such Act. money in the Treasury not otherwise appro-
priated, $10,000,000,000, notwithstanding sec- (b) ALLOCATION OF FUNDS TO ELIGIBLE
(6) $10,000,000 shall be available to carry GRANTEES.—
out the long-term care ombudsman program tion 304(e) of the Defense Production Act of
1950 (50 U.S.C. 4534(e)), to remain available (1) ALLOCATION FOR STATES AND UNITS OF
under title VII of such Act. LOCAL GOVERNMENT.—
SEC. 2922. NATIONAL TECHNICAL ASSISTANCE until September 30, 2025, to carry out titles I,
III, and VII of such Act in accordance with (A) IN GENERAL.—The amount appropriated
CENTER ON GRANDFAMILIES AND under paragraph (1) of subsection (a) that re-
KINSHIP FAMILIES. subsection (b).
(b) MEDICAL SUPPLIES AND EQUIPMENT.— mains after the application of paragraph (2)
(a) IN GENERAL.—In addition to amounts
(1) TESTING, PPE, VACCINES, AND OTHER MA- of such subsection shall be allocated to eligi-
otherwise available, there is appropriated to
TERIALS.—Except as provided in paragraph
ble grantees described in subparagraphs (A)
the Secretary of Health and Human Services
(2), amounts appropriated in subsection (a) and (B) of subsection (f)(1) in the same man-
for fiscal year 2021, out of any money in the
shall be used for the purchase, production ner as the amount appropriated under sec-
Treasury not otherwise appropriated,
$10,000,000, to remain available through Sep- (including the construction, repair, and ret- tion 501 of subtitle A of title V of division N
tember 30, 2025, for the Secretary, acting rofitting of government-owned or private fa- of the Consolidated Appropriations Act, 2021
through the Administrator of the Adminis- cilities as necessary), or distribution of med- (Public Law 116–260) is allocated to States
tration for Community Living, to establish, ical supplies and equipment (including dura- and units of local government under sub-
directly or through grants or contracts, a ble medical equipment) related to combating section (b)(1) of such section, except that
National Technical Assistance Center on the COVID–19 pandemic, including— section 501(b) of such subtitle A shall be ap-
Grandfamilies and Kinship Families (in this (A) in vitro diagnostic products for the de- plied—
section referred to as the ‘‘Center’’) to pro- tection of SARS-CoV-2 or the diagnosis of (i) without regard to clause (i) of para-
vide training, technical assistance, and re- the virus that causes COVID–19, and the re- graph (1)(A);
sources for government programs, nonprofit agents and other materials necessary for (ii) by deeming the amount appropriated
and other community-based organizations, producing, conducting, or administering under paragraph (1) of subsection (a) of this
and Indian Tribes, Tribal organizations, and such products, and the machinery, equip- Act that remains after the application of
urban Indian organizations, that serve ment, laboratory capacity, or other tech- paragraph (2) of such subsection to be the
grandfamilies and kinship families to sup- nology necessary to produce such products; amount deemed to apply for purposes of ap-
port the health and well-being of members of (B) face masks and personal protective plying clause (ii) of section 501(b)(1)(A) of
grandfamilies and kinship families, includ- equipment, including face shields, nitrile such subtitle A;
ing caregivers, children, and their parents. gloves, N–95 filtering facepiece respirators, (iii) by substituting ‘‘$152,000,000’’ for
The Center shall focus primarily on serving and any other masks or equipment (includ- ‘‘$200,000,000’’ each place such term appears;
grandfamilies and kinship families in which ing durable medical equipment) needed to re- (iv) in subclause (I) of such section
the primary caregiver is an adult age 55 or spond to the COVID–19 pandemic, and the 501(b)(1)(A)(v), by substituting ‘‘under sec-
older, or the child has one or more disabil- materials, machinery, additional manufac- tion 3201 of the American Rescue Plan Act of
ities. turing lines or facilities, or other technology 2021’’ for ‘‘under section 501 of subtitle A of
(b) ACTIVITIES OF THE CENTER.—The Center necessary to produce such equipment; and title V of division N of the Consolidated Ap-
shall— (C) drugs, devices, and biological products propriations Act, 2021’’; and
(1) engage experts to stimulate the devel- that are approved, cleared, licensed, or au- (v) in subclause (II) of such section
opment of new and identify existing evi- thorized for use in treating or preventing 501(b)(1)(A)(v), by substituting ‘‘local govern-
dence-based, evidence-informed, and exem- COVID–19 and symptoms related to COVID– ment elects to receive funds from the Sec-
plary practices or programs related to health 19, and any materials, manufacturing ma- retary under section 3201 of the American
promotion (including mental health and sub- chinery, additional manufacturing or fill-fin- Rescue Plan Act of 2021 and will use the
stance use disorder treatment), education, ish lines or facilities, technology, or equip- funds in a manner consistent with such sec-
nutrition, housing, financial needs, legal ment (including durable medical equipment) tion’’ for ‘‘local government elects to receive
issues, disability self-determination, care- necessary to produce or use such drugs, bio- funds from the Secretary under section 501 of
giver support, and other issues to help serve logical products, or devices (including sy- subtitle A of title V of division N of the Con-
caregivers, children, and their parents in ringes, vials, or other supplies or equipment solidated Appropriations Act, 2021 and will
grandfamilies and kinship families; related to delivery, distribution, or adminis- use the funds in a manner consistent with
(2) encourage and support the implementa- tration). such section’’.
tion of the evidence-based, evidence-in- (2) RESPONDING TO PUBLIC HEALTH EMER- (B) PRO RATA ADJUSTMENT.—The Secretary
formed, and exemplary practices or pro- GENCIES.—After September 30, 2022, amounts
shall make pro rata adjustments in the
grams identified under paragraph (1) to sup- appropriated in subsection (a) may be used amounts of the allocations determined under
port grandfamilies and kinship families and for any activity authorized by paragraph (1), subparagraph (A) of this paragraph for enti-
to promote coordination of services for or any other activity necessary to meet crit- ties described in such subparagraph as nec-
grandfamilies and kinship families across ical public health needs of the United States, essary to ensure that the total amount of al-
systems that support them; with respect to any pathogen that the Presi- locations made pursuant to such subpara-
(3) facilitate learning across States, terri- dent has determined has the potential for graph does not exceed the remainder appro-
tories, Indian Tribes, Tribal organizations, creating a public health emergency. priated amount described in such subpara-
and urban Indian organizations for providing graph.
technical assistance, resources, and training Subtitle B—Housing Provisions (2) ALLOCATIONS FOR TERRITORIES.—The
related to issues described in paragraph (1) SEC. 3201. EMERGENCY RENTAL ASSISTANCE. amount reserved under subsection (a)(2)(A)
to individuals and entities across systems (a) FUNDING.— shall be allocated to eligible grantees de-
that directly work with grandfamilies and (1) APPROPRIATION.—In addition to scribed in subsection (f)(1)(C) in the same
kinship families; amounts otherwise available, there is appro- manner as the amount appropriated under
(4) help government programs, nonprofit priated to the Secretary of the Treasury for section 501(a)(2)(A) of subtitle A of title V of
and other community-based organizations, fiscal year 2021, out of any money in the division N of the Consolidated Appropria-
and Indian Tribes, Tribal organizations, and Treasury not otherwise appropriated, tions Act, 2021 (Public Law 116–260) is allo-
urban Indian organizations, serving $21,550,000,000, to remain available until Sep- cated under section 501(b)(3) of such subtitle
SSpencer on DSK126QN23PROD with SENATE
grandfamilies and kinship families, to plan tember 30, 2027, for making payments to eli- A to eligible grantees described under sub-
and coordinate responses to assist gible grantees under this section— paragraph (C) of such section 501(b)(3), except
grandfamilies and kinship families during (2) RESERVATION OF FUNDS.—Of the amount that section 501(b)(3) of such subtitle A shall
national, State, Tribal, territorial, and local appropriated under paragraph (1), the Sec- be applied—
emergencies and disasters; and retary shall reserve— (A) in subparagraph (A), by inserting ‘‘of
(5) assist government programs, and non- (A) $305,000,000 for making payments under section 3201 of the American Rescue Plan
profit and other community-based organiza- this section to the Commonwealth of Puerto Act of 2021’’ after ‘‘the amount reserved
tions, in promoting equity and implementing Rico, the United States Virgin Islands, under subsection (a)(2)(A)’’; and
VerDate Sep 11 2014 08:39 Mar 05, 2021 Jkt 019060 PO 00000 Frm 00106 Fmt 0637 Sfmt 0634 E:\CR\FM\A04MR6.036 S04MRPT1
File and source
- File
- CREC-2021-03-04.pdf
- Size
- 1,751,609 bytes
- SHA-256
- bad66869c0cfbc57e26c741aa6ec50fbdc55fe0818e89675717c934f86b92c71
- Our copy
- CREC-2021-03-04.pdf
- Original
- www.govinfo.gov