Congressional Record — House, February 26, 2021, Page H773
Summary
This House page of the Congressional Record (page H773, February 26, 2021) prints recorded vote lists, including Members recorded pursuant to House Resolution 8, 117th Congress. One vote shows nays 210 and 2 not voting, with Mr. McKinley changing his vote from yea to nay, and the resolution was agreed to. The text then reproduces the bill H.R. 1319, beginning with the enacting clause and short title, followed by a table of contents organized by titles for the Committees on Agriculture, Education, Energy and Commerce, Financial Services and Veterans' Affairs. Later sections cover tax provisions, including rules for bona fide residents of American Samoa.
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
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“Congressional Record — House, February 26, 2021, Page H773.”
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H773
MEMBERS RECORDED PURSUANT TO HOUSE Kuster Neguse Sherman Simpson Taylor Waltz
RESOLUTION 8, 117TH CONGRESS Lamb Newman Sherrill Smith (MO) Tenney Weber (TX)
Langevin Norcross Sires Smith (NE) Thompson (PA) Webster (FL)
Allred (Davids Green (TN) Moulton Larsen (WA) O’Halleran Slotkin Smith (NJ) Tiffany Wenstrup
(KS)) (Timmons) (Trahan) Larson (CT) Ocasio-Cortez Smucker Timmons
Smith (WA) Westerman
Amodei Green, Al (TX) Mullin (Lucas) Lawrence Omar Spartz Turner
Soto Williams (TX)
(Balderson) (Perlmutter) Napolitano Lawson (FL) Pallone Stauber Upton
Spanberger Wilson (SC)
Banks (Walorski) Grijalva (Garcı́a (Correa) Lee (CA) Panetta Steel Valadao
Speier Wittman
Boebert (IL)) Norman (Rice Lee (NV) Pappas Stefanik Van Drew
Stanton Womack
(McHenry) Hastings (SC)) Leger Fernandez Pascrell Steil Van Duyne
(Cleaver) Stevens Young
Bowman (Clark Nunes (Garcia Levin (CA) Payne Strickland Steube Wagner
(MA)) Hern (Lucas) Stewart Zeldin
(CA)) Levin (MI) Perlmutter Suozzi Walberg
Brown (Mfume) Himes Lieu Peters Stivers Walorski
Palazzo Swalwell
Buchanan (Courtney) Lofgren Phillips
Issa (Valadao) (Fleischmann) Takano NOT VOTING—2
(Donalds) Payne (Pallone) Lowenthal Pingree Thompson (CA)
Budd (McHenry) Jackson (Nehls) Luria Pocan Bost Gallego
Jackson Lee Pingree (Kuster) Thompson (MS)
Calvert (Garcia Lynch Porter
(CA))
(Butterfield) Porter (Wexton)
Malinowski Pressley
Titus b 2318
Kelly (IL) Reed (Arrington) Tlaib
Cárdenas Maloney, Price (NC)
(Kuster) Rodgers (WA)
Carolyn B. Quigley
Tonko Mr. MCKINLEY changed his vote
(Gomez) Torres (CA)
Carter (TX)
Kelly (PA) (Herrera
Maloney, Sean Raskin from ‘‘yea’’ to ‘‘nay.’’
(Keller) Beutler) Torres (NY)
(Nehls) Manning Rice (NY)
Trahan
So the resolution was agreed to.
Kirkpatrick Roybal-Allard Matsui Ross
Cawthorn
(Stanton) (Bass) Trone The result of the vote was announced
(McHenry) McBath Roybal-Allard
Krishnamoorthi Ruiz (Aguilar) McCollum Ruiz Underwood as above recorded.
DeSaulnier
(Matsui)
(Clark (MA)) Rush McEachin Ruppersberger Vargas A motion to reconsider was laid on
LaHood (Smith (Underwood) McGovern Rush Veasey the table.
DesJarlais (NE)) Vela
(Fleischmann) Steube McNerney Ryan
Langevin Velázquez MEMBERS RECORDED PURSUANT TO HOUSE
Deutch (Rice (Franklin, C. Meeks Sánchez
(Lynch) Meng Sarbanes Wasserman RESOLUTION 8, 117TH CONGRESS
(NY)) Scott)
Lawson (FL) Stewart (Curtis) Mfume Scanlon Schultz Allred (Davids Green (TN) Moulton
Fletcher (Kuster) (Evans) Waters
Vargas (Correa) Moore (WI) Schakowsky (KS)) (Timmons) (Trahan)
Frankel, Lois Lieu (Beyer) Watson Coleman
Vela (Gomez) Morelle Schiff Amodei Green, Al (TX) Mullin (Lucas)
(Clark (MA)) Lofgren (Jeffries) Welch
Waltz (Donalds) Moulton Schneider (Balderson) (Perlmutter) Napolitano
Gaetz (Franklin, Long (Wagner) Wexton
Wasserman Mrvan Schrader Banks (Walorski) Grijalva (Garcı́a (Correa)
C. Scott) Lowenthal Murphy (FL) Schrier Wild Boebert (IL)) Norman (Rice
Garcia (TX) (Beyer) Schultz (Soto)
Nadler Scott (VA) Williams (GA) (McHenry) Hastings (SC))
(Escobar) McNerney Watson Coleman
Napolitano Scott, David Wilson (FL) Bowman (Clark (Cleaver)
Gibbs (Bucshon) (Eshoo) (Pallone) Nunes (Garcia
Neal Sewell Yarmuth (MA)) Hern (Lucas)
Gonzalez, Meng (Clark Wilson (FL) (CA))
Brown (Mfume) Himes
Vincente (MA)) (Hayes) Palazzo
NAYS—210 Buchanan (Courtney)
(Gomez) Moore (WI) Young Issa (Valadao) (Fleischmann)
Gosar (Herrell) (Beyer) (Malliotakis) Aderholt Fortenberry Lamborn (Donalds) Payne (Pallone)
Budd (McHenry) Jackson (Nehls)
Allen Foxx Latta Jackson Lee Pingree (Kuster)
The SPEAKER pro tempore. The Amodei Franklin, C. LaTurner Calvert (Garcia Porter (Wexton)
(Butterfield)
question is on the resolution. Armstrong Scott Lesko (CA)) Reed (Arrington)
Kelly (IL)
Arrington Fulcher Long Cárdenas Rodgers (WA)
The question was taken; and the Babin Gaetz Loudermilk (Gomez)
(Kuster)
Kelly (PA) (Herrera
Speaker pro tempore announced that Bacon Gallagher Lucas Carter (TX)
(Keller) Beutler)
the ayes appeared to have it. Baird Garbarino Luetkemeyer (Nehls)
Kirkpatrick Roybal-Allard
Balderson Garcia (CA) Mace Cawthorn
Mr. BURGESS. Madam Speaker, on (McHenry)
(Stanton) (Bass)
Banks Gibbs Malliotakis Krishnamoorthi
that I demand the yeas and nays. Barr Gimenez Mann DeSaulnier
Ruiz (Aguilar)
(Clark (MA)) Rush
The SPEAKER pro tempore. Pursu- Bentz Gohmert Massie (Matsui) LaHood (Smith (Underwood)
ant to section 3(s) of House Resolution Bergman Gonzales, Tony Mast DesJarlais (NE))
Bice (OK) Gonzalez (OH) McCarthy (Fleischmann) Steube
8, the yeas and nays are ordered. Langevin (Franklin, C.
Biggs Good (VA) McCaul Deutch (Rice (Lynch)
The vote was taken by electronic de- Bilirakis Gooden (TX) McClain (NY)) Scott)
Lawson (FL) Stewart (Curtis)
vice, and there were—yeas 219, nays Bishop (NC) Gosar McClintock Fletcher (Kuster) (Evans)
Boebert Granger McHenry Frankel, Lois Vargas (Correa)
210, not voting 2, as follows: Brady Graves (LA) McKinley
Lieu (Beyer)
Vela (Gomez)
(Clark (MA)) Lofgren (Jeffries)
[Roll No. 47] Brooks Graves (MO) Meijer Gaetz (Franklin, Long (Wagner) Waltz (Donalds)
Buchanan Green (TN) Meuser C. Scott) Lowenthal Wasserman
YEAS—219 Buck Greene (GA) Miller (IL) Garcia (TX) (Beyer) Schultz (Soto)
Adams Clyburn Garcia (TX) Bucshon Griffith Miller (WV) (Escobar) McNerney Watson Coleman
Aguilar Cohen Golden Budd Grothman Miller-Meeks Gibbs (Bucshon) (Eshoo) (Pallone)
Allred Connolly Gomez Burchett Guest Moolenaar Gonzalez, Meng (Clark Wilson (FL)
Auchincloss Cooper Gonzalez, Burgess Guthrie Mooney Vincente (MA)) (Hayes)
Axne Correa Vicente Calvert Hagedorn Moore (AL) (Gomez) Moore (WI) Young
Barragán Costa Gottheimer Cammack Harris Moore (UT) Gosar (Herrell) (Beyer) (Malliotakis)
Bass Courtney Green, Al (TX) Carl Harshbarger Mullin
Beatty Craig Grijalva Carter (GA) Hartzler Murphy (NC) f
Bera Crist Haaland Carter (TX) Hern Nehls
Beyer Crow Harder (CA) Cawthorn Herrell Newhouse AMERICAN RESCUE PLAN ACT OF
Bishop (GA) Cuellar Hastings Chabot Herrera Beutler Norman 2021
Blumenauer Davids (KS) Hayes Cheney Hice (GA) Nunes
Blunt Rochester Davis, Danny K. Higgins (NY) Cline Higgins (LA) Obernolte The SPEAKER pro tempore (Mr.
Bonamici Dean Himes Cloud Hill Owens CUELLAR). Pursuant to House Resolu-
Bourdeaux DeFazio Horsford Clyde Hinson Palazzo tion 166, the House will proceed to the
Bowman DeGette Houlahan Cole Hollingsworth Palmer
Boyle, Brendan DeLauro Hoyer Comer Hudson Pence
immediate consideration of the bill
F. DelBene Huffman Crawford Huizenga Perry (H.R. 1319) to provide for reconciliation
Brown Delgado Jackson Lee Crenshaw Issa Pfluger pursuant to title II of S. Con. Res. 5.
Brownley Demings Jacobs (CA) Curtis Jackson Posey The Clerk read the title of the bill.
Bush DeSaulnier Jayapal Davidson Jacobs (NY) Reed
Bustos Deutch Jeffries Davis, Rodney Johnson (LA) Reschenthaler
The SPEAKER pro tempore. Pursu-
Butterfield Dingell Johnson (GA) DesJarlais Johnson (OH) Rice (SC) ant to House Resolution 166, an amend-
Carbajal Doggett Johnson (TX) Diaz-Balart Johnson (SD) Rodgers (WA) ment printed in House Report 117–8 is
Cárdenas Doyle, Michael Jones Donalds Jordan Rogers (AL) adopted and the bill, as amended, is
Carson F. Kahele Duncan Joyce (OH) Rogers (KY)
Cartwright Escobar Kaptur Dunn Joyce (PA) Rose considered read.
Case Eshoo Keating Emmer Katko Rosendale The text of the bill, as amended, is as
Casten Espaillat Kelly (IL) Estes Keller Rouzer follows:
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Castor (FL) Evans Khanna Fallon Kelly (MS) Roy
Castro (TX) Fletcher Kildee Feenstra Kelly (PA) Rutherford H.R. 1319
Chu Foster Kilmer Ferguson Kim (CA) Salazar f
Cicilline Frankel, Lois Kim (NJ) Fischbach Kinzinger Scalise
Clark (MA) Fudge Kind Fitzgerald Kustoff Schweikert Be it enacted by the Senate and House of Rep-
Clarke (NY) Garamendi Kirkpatrick Fitzpatrick LaHood Scott, Austin resentatives of the United States of America in
Cleaver Garcı́a (IL) Krishnamoorthi Fleischmann LaMalfa Sessions Congress assembled,
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H774 CONGRESSIONAL RECORD — HOUSE February 26, 2021
SECTION 1. SHORT TITLE. Sec. 2203. Child Care and Development Block Sec. 3056. Funding for community-based fund-
This Act may be cited as the ‘‘American Res- Grant Program. ing for local substance use dis-
cue Plan Act of 2021’’. Sec. 2204. Child Care Stabilization. order services.
SEC. 2. TABLE OF CONTENTS. Sec. 2205. Head Start. Sec. 3057. Funding for community-based fund-
The table of contents for this Act is as follows: Sec. 2206. Programs for survivors. ing for local behavioral health
Sec. 2207. Child abuse prevention and treat- needs.
Sec. 1. Short title.
ment. Sec. 3058. Funding for the National Child Trau-
Sec. 2. Table of contents.
Sec. 2210. Corporation for National and Com- matic Stress Network.
TITLE I—COMMITTEE ON AGRICULTURE munity Service and the National Sec. 3059. Funding for Project AWARE.
Subtitle A—Agriculture Service Trust. Sec. 3059A. Funding for youth suicide preven-
Sec. 1001. Food supply chain and agriculture Subtitle D—Child Nutrition & Related Programs tion.
pandemic response. Sec. 2301. Improvements to WIC benefits. Sec. 3059B. Funding for behavioral health
Sec. 1002. Emergency rural development grants Sec. 2302. WIC program modernization. workforce education and training.
for rural health care. Sec. 2303. Meals and supplements reimburse- CHAPTER 7—EXCHANGE GRANT PROGRAM
Sec. 1003. Pandemic program administration ments for individuals who have
funds. not attained the age of 25. Sec. 3061. Establishing a grant program for Ex-
Sec. 1004. Funding for the USDA Office of In- Sec. 2304. Pandemic EBT program. change modernization.
spector General for oversight of Subtitle E—COBRA Continuation Coverage Subtitle B—Medicaid
COVID—19-related programs. Sec. 3101. Mandatory coverage of COVID–19
Sec. 1005. Farm loan assistance for socially dis- Sec. 2401. Preserving health benefits for work-
ers. vaccines and administration and
advantaged farmers and ranchers. treatment under Medicaid.
Sec. 1006. USDA assistance and support for so- TITLE III—COMMITTEE ON ENERGY AND
COMMERCE Sec. 3102. Modifications to certain coverage
cially disadvantaged farmers,
under Medicaid for pregnant and
ranchers, forest land owners and Subtitle A—Public Health postpartum women.
operators, and groups. CHAPTER 1—VACCINES AND THERAPEUTICS Sec. 3103. State Option to Provide Qualifying
Sec. 1007. Use of the Commodity Credit Cor-
Sec. 3001. Funding for COVID–19 vaccine ac- Community-Based Mobile Crisis
poration for commodities and as-
tivities at the centers for disease Intervention Services.
sociated expenses..
control and prevention. Sec. 3104. Temporary increase in FMAP for
Subtitle B—Nutrition Sec. 3002. Funding for vaccine confidence ac- medical assistance under State
Sec. 1111. Supplemental nutrition assistance tivities. Medicaid plans which begin to ex-
program. Sec. 3003. Funding for supply chain for pend amounts for certain manda-
Sec. 1112. Additional assistance for SNAP on- COVID–19 vaccines, therapeutics, tory individuals.
line purchasing and technology and medical supplies. Sec. 3105. Extension of 100 percent Federal med-
improvements. Sec. 3004. Funding for COVID–19 vaccine, ical assistance percentage to
Sec. 1113. Additional funding for nutrition as- therapeutic, and device activities Urban Indian Health Organiza-
sistance programs. at the Food and Drug Administra- tions and Native Hawaiian Health
Sec. 1114. Commodity supplemental food pro- tion. Care Systems.
gram. CHAPTER 2—TESTING Sec. 3106. Sunset of limit on maximum rebate
TITLE II—COMMITTEE ON EDUCATION Sec. 3011. Funding for COVID–19 testing, con- amount for single source drugs
AND LABOR tact tracing, and mitigation ac- and innovator multiple source
Subtitle A—Education Matters tivities. drugs.
Sec. 3012. Funding for SARS–CoV–2 genomic se- Sec. 3107. Additional support for Medicaid
PART 1—DEPARTMENT OF EDUCATION
quencing and surveillance. home and community-based serv-
Sec. 2001. Elementary and secondary school ices during the COVID–19 emer-
Sec. 3013. Funding for global health.
emergency relief fund. gency.
Sec. 3014. Funding for data modernization and
Sec. 2002. Higher education emergency relief Sec. 3108. Funding for State strike teams for
forecasting center.
fund. resident and employee safety in
Sec. 2003. Maintenance of effort and mainte- CHAPTER 3—PUBLIC HEALTH WORKFORCE
nursing facilities.
nance of equity. Sec. 3021. Funding for public health workforce.
Sec. 3109. Special Rule for the Period of a De-
Sec. 2004. Outlying areas. Sec. 3022. Funding for Medical Reserve Corps.
clared Public Health Emergency
Sec. 2005. Bureau of Indian Education. CHAPTER 4—PUBLIC HEALTH INVESTMENTS Related to Coronavirus.
Sec. 2006. Gallaudet University.
Sec. 3031. Funding for community health cen- Subtitle C—Children’s Health Insurance
Sec. 2007. Student aid administration.
ters and community care. Program
Sec. 2008. Howard University.
Sec. 3032. Funding for National Health Service
Sec. 2009. National Technical Institute for the Sec. 3201. Mandatory coverage of COVID–19
Corps.
Deaf. vaccines and administration and
Sec. 3033. Funding for Nurse Corps.
Sec. 2010. Institute of Education Sciences. treatment under CHIP.
Sec. 3034. Funding for teaching health centers
Sec. 2011. Program administration. Sec. 3202. Modifications to certain coverage
that operate graduate medical
Sec. 2012. Office of inspector general. under CHIP for pregnant and
education.
Sec. 2013. Modification of revenue requirements postpartum women.
Sec. 3035. Funding for family planning.
for proprietary institutions of
Sec. 3036. Funding for Office of Inspector Gen- Subtitle D—Other Provisions
higher education.
eral. CHAPTER 1—ENSURING ENVIRONMENTAL HEALTH
PART 2—MISCELLANEOUS
CHAPTER 5—INDIAN HEALTH AND RATEPAYER PROTECTION DURING THE
Sec. 2021. National endowment for the arts. PANDEMIC
Sec. 3041. Funding for Indian health.
Sec. 2022. National endowment for the human-
CHAPTER 6—MENTAL HEALTH AND SUBSTANCE Sec. 3301. Funding for pollution and disparate
ities.
USE DISORDER impacts of the COVID–19 pan-
Sec. 2023. Institute of museum and library serv-
Sec. 3051. Funding for block grants for commu- demic.
ices.
Sec. 2024. COVID-19 response resources for the nity mental health services. Sec. 3302. Funding for LIHEAP.
preservation and maintenance of Sec. 3052. Funding for block grants for preven- Sec. 3303. Funding for water assistance pro-
Native American languages. tion and treatment of substance gram.
Subtitle B—Labor Matters abuse. CHAPTER 2—DISTANCE LEARNING AND CONSUMER
Sec. 3053. Funding for mental and behavioral PROTECTION DURING THE COVID–19 PANDEMIC
Sec. 2101. Raising the Federal minimum wage.
health training for health care Sec. 3311. Funding for consumer product safety
Sec. 2102. Funding for Department of Labor
professionals, paraprofessionals, fund to protect consumers from
Worker Protection Activities.
and public safety officers. potentially dangerous products
Sec. 2103. Eligibility for workers’ compensation
Sec. 3054. Funding for education and aware- related to COVID–19.
benefits for Federal employees di-
ness campaign encouraging Sec. 3312. Funding for E-Rate support for emer-
agnosed with COVID–19.
healthy work conditions and use gency educational connections
Sec. 2104. Compensation pursuant to the
of mental and behavioral health
dlhill on DSK120RN23PROD with House
Longshore and Harbor Workers’ and devices.
services by health care profes-
Compensation Act. CHAPTER 3—OVERSIGHT OF DEPARTMENT OF
sionals.
Subtitle C—Human Services and Community Sec. 3055. Funding for grants for health care COMMERCE PREVENTION AND RESPONSE TO
Supports providers to promote mental and COVID–19
Sec. 2202. Supporting older Americans and their behavioral health among their Sec. 3321. Funding for Department of Commerce
families. health professional workforce. Inspector General.
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H775
TITLE IV—COMMITTEE ON FINANCIAL Sec. 7204. Railroad Retirement Board and Of- Subtitle F—Preserving Health Benefits for
SERVICES fice of the Inspector General Workers
Subtitle A—Defense Production Act of 1950 funding. Sec. 9500. Preserving health benefits for work-
Sec. 4001. COVID–19 emergency medical sup- TITLE VIII—COMMITTEE ON VETERANS’ ers.
plies enhancement. AFFAIRS Subtitle G—Promoting Economic Security
Subtitle B—Housing Provisions Sec. 8001. Funding for claims and appeals proc- PART 1—2021 RECOVERY REBATES TO
essing. INDIVIDUALS
Sec. 4101. Emergency rental assistance.
Sec. 8002. Funding availability for medical care Sec. 9601. 2021 recovery rebates to individuals.
Sec. 4102. Emergency housing vouchers.
and health needs.
Sec. 4103. Emergency assistance for rural hous- PART 2—CHILD TAX CREDIT
Sec. 8003. Funding for supply chain moderniza-
ing. tion. Sec. 9611. Child tax credit improvements for
Sec. 4104. Housing assistance and supportive Sec. 8004. Funding for state homes. 2021.
services programs for Native Sec. 8005. Funding for the Department of Vet- Sec. 9612. Application of child tax credit in pos-
Americans. erans Affairs office of inspector sessions.
Sec. 4105. Housing counseling. general. PART 3—EARNED INCOME TAX CREDIT
Sec. 4106. Homelessness assistance and sup- Sec. 8006. Covid–19 veteran rapid retraining as- Sec. 9621. Strengthening the earned income tax
portive services program. sistance program. credit for individuals with no
Sec. 4107. Homeowner Assistance Fund. Sec. 8007. Prohibition on copayments and cost qualifying children.
Sec. 4108. Relief measures for section 502 and sharing for veterans during emer- Sec. 9622. Taxpayer eligible for childless earned
504 direct loan borrowers. gency relating to COVID–19. income credit in case of qualifying
Sec. 4109 Fair housing activities. Sec. 8008. Emergency Department of Veterans children who fail to meet certain
Subtitle C—Small Business (SSBCI) Affairs Employee Leave Fund. identification requirements.
Sec. 4201. State Small Business Credit Initia- TITLE IX—COMMITTEE ON WAYS AND Sec. 9623. Credit allowed in case of certain sep-
tive. MEANS arated spouses.
Sec. 9624. Modification of disqualified invest-
Subtitle D—Airlines Subtitle A—Crisis Support for Unemployed
ment income test.
Sec. 4301. Air Transportation Payroll Support Workers Sec. 9625. Application of earned income tax
Program Extension. PART 1—EXTENSION OF CARES ACT credit in possessions of the United
TITLE V—COMMITTEE ON OVERSIGHT AND UNEMPLOYMENT PROVISIONS States.
REFORM Sec. 9011. Extension of pandemic unemployment Sec. 9626. Temporary special rule for deter-
Subtitle A—Coronavirus State and Local Fiscal assistance. mining earned income for pur-
Recovery Funds Sec. 9012. Extension of emergency unemploy- poses of earned income tax credit.
ment relief for governmental enti- PART 4—DEPENDENT CARE ASSISTANCE
Sec. 5001. Coronavirus State and Local Fiscal
ties and nonprofit organizations. Sec. 9631. Refundability and enhancement of
Recovery Funds. Sec. 9013. Extension of Federal Pandemic Un- child and dependent care tax
Subtitle B—Other Matters employment Compensation. credit.
Sec. 5111. Emergency Federal Employee Leave Sec. 9014. Extension of full Federal funding of Sec. 9632. Increase in exclusion for employer-
Fund. the first week of compensable reg- provided dependent care assist-
Sec. 5112. Funding for the Government Ac- ular unemployment for States ance.
countability Office. with no waiting week.
PART 5—CREDITS FOR PAID SICK AND FAMILY
Sec. 5113. Pandemic Response Accountability Sec. 9015. Extension of emergency State staffing
LEAVE
Committee funding availability. flexibility.
Sec. 5114. Funding for the White House. Sec. 9016. Extension of Pandemic Emergency Sec. 9641. Payroll credits.
Unemployment Compensation. Sec. 9642. Credit for sick leave for certain self-
TITLE VI—COMMITTEE ON SMALL employed individuals.
Sec. 9017. Extension of temporary financing of
BUSINESS Sec. 9643. Credit for family leave for certain
short-time compensation pay-
Sec. 6001. Modifications to paycheck protection ments in States with programs in self-employed individuals.
program. law. PART 6—EMPLOYEE RETENTION CREDIT
Sec. 6002. Targeted EIDL advance. Sec. 9018. Extension of temporary financing of Sec. 9651. Extension of employee retention cred-
Sec. 6003. Support for restaurants. short-time compensation agree- it.
Sec. 6004. Community navigator pilot program. ments for States without programs PART 7—PREMIUM TAX CREDIT
Sec. 6005. Shuttered venue operators. in law.
Sec. 6006. Direct appropriations. Sec. 9661. Improving affordability by expanding
PART 2—EXTENSION OF FFCRA UNEMPLOYMENT premium assistance for consumers.
TITLE VII—COMMITTEE ON PROVISIONS Sec. 9662. Temporary modification of limitations
TRANSPORTATION AND INFRASTRUCTURE Sec. 9021. Extension of temporary assistance for on reconciliation of tax credits for
Subtitle A—Transportation and Infrastructure States with advances. coverage under a qualified health
Sec. 7001. Federal Emergency Management Sec. 9022. Extension of full Federal funding of plan with advance payments of
Agency appropriation. extended unemployment com- such credit.
Sec. 7002. Funeral assistance. pensation. Sec. 9663. Application of premium tax credit in
Sec. 7003. Economic adjustment assistance. PART 3—DEPARTMENT OF LABOR FUNDING FOR case of individuals receiving un-
Sec. 7004. Great Lakes St. Lawrence Seaway TIMELY, ACCURATE, AND EQUITABLE PAYMENT employment compensation during
Development Corporation oper- 2021.
Sec. 9031. Funding for administration.
ations and maintenance. Sec. 9032. Funding for fraud prevention, equi- PART 8—MISCELLANEOUS PROVISIONS
Sec. 7005. Grants to the National Railroad Pas- table access, and timely payment Sec. 9671. Repeal of election to allocate interest,
senger Corporation. to eligible workers. etc. on worldwide basis.
Sec. 7006. Federal Transit Administration Sec. 9672. Tax treatment of targeted EIDL ad-
Subtitle B—Emergency Assistance to Families
grants. vances.
Through Home Visiting Programs Sec. 9673. Tax treatment of restaurant revital-
Sec. 7007. Relief for airports.
Sec. 7008. Emergency FAA Employee Leave Sec. 9101. Emergency assistance to families ization grants.
Fund. through home visiting programs. Sec. 9674. Modification of exceptions for report-
Subtitle B—Aviation Manufacturing Jobs Subtitle C—Emergency Assistance to Children ing of third party network trans-
Protection and Families actions.
Sec. 9201. Pandemic Emergency Assistance. Subtitle H—Pensions
Sec. 7101. Definitions.
Sec. 7102. Payroll support program. Subtitle D—Elder Justice and Support Sec. 9700. Temporary delay of designation of
Guarantee multiemployer plans as in endan-
Subtitle C—Continued Assistance to Rail
Sec. 9301. Additional funding for aging and dis- gered, critical, or critical and de-
Workers
ability services programs. clining status.
Sec. 7201. Additional enhanced benefits under Sec. 9701. Temporary extension of the funding
the Railroad Unemployment In- Subtitle E—Support to Skilled Nursing Facilities improvement and rehabilitation
surance Act. in Response to COVID–19 periods for multiemployer pension
Sec. 7202. Extended unemployment benefits Sec. 9401. Providing for infection control sup- plans in critical and endangered
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under the Railroad Unemploy- port to skilled nursing facilities status for 2020 or 2021.
ment Insurance Act. through contracts with quality Sec. 9702. Adjustments to funding standard ac-
Sec. 7203. Extension of waiver of the 7-day improvement organizations. count rules.
waiting period for benefits under Sec. 9402. Funding for strike teams for resident Sec. 9703. Special financial assistance program
the Railroad Unemployment In- and employee safety in skilled for financially troubled multiem-
surance Act. nursing facilities. ployer plans.
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H776 CONGRESSIONAL RECORD — HOUSE February 26, 2021
Sec. 9704. Extended amortization for single em- Act (21 U.S.C. 468), and section 24 of the Egg of any money in the Treasury not otherwise ap-
ployer plans. Products Inspection Act (21 U.S.C. 1053), and propriated, $47,500,000, to remain available until
Sec. 9705. Extension of pension funding sta- any regulations promulgated by the Department expended, for necessary administrative expenses
bilization percentages for single of Agriculture implementing such provisions of associated with carrying out this subtitle.
employer plans. law and subject to the availability of funds SEC. 1004. FUNDING FOR THE USDA OFFICE OF
Sec. 9706. Modification of special rules for min- under paragraph (3), the Secretary of Agri- INSPECTOR GENERAL FOR OVER-
imum funding standards for com- culture shall reduce the amount of overtime in- SIGHT OF COVID—19-RELATED PRO-
munity newspaper plans. spection costs borne by federally-inspected small GRAMS.
Sec. 9707. Cost of living adjustment freeze. establishments and very small establishments In addition to amounts otherwise made avail-
Subtitle I—Child Care for Workers engaged in meat, poultry, or egg products proc- able, there is appropriated to the Office of the
Sec. 9801. Child care assistance. essing and subject to the requirements of the Inspector General of the Department of Agri-
Federal Meat Inspection Act (21 U.S.C. 601 et culture for fiscal year 2021, out of any money in
TITLE X—INTERNATIONAL AFFAIRS seq.), the Poultry Products Inspection Act (21 the Treasury not otherwise appropriated,
Sec. 10001. Department of State operations. U.S.C. 451 et seq.), or the Egg Products Inspec- $2,500,000, to remain available until September
Sec. 10002. United States Agency for Inter- tion Act (21 U.S.C. 1031 et seq.), for inspection 30, 2022, for audits, investigations, and other
national Development operations. activities carried out during the period of fiscal oversight activities of projects and activities car-
Sec. 10003. Global response. years 2021 through 2030. ried out with funds made available to the De-
Sec. 10004. Humanitarian response. (3) FUNDING.—Out of the amounts made avail- partment of Agriculture related to the COVID–
Sec. 10005. Multilateral assistance. able under subsection (a), the Secretary shall 19 pandemic.
TITLE XI—COMMITTEE ON NATURAL use $100,000,000 to carry out this subsection. SEC. 1005. FARM LOAN ASSISTANCE FOR SO-
RESOURCES SEC. 1002. EMERGENCY RURAL DEVELOPMENT CIALLY DISADVANTAGED FARMERS
GRANTS FOR RURAL HEALTH CARE. AND RANCHERS.
Sec. 1101. Indian Affairs.
Sec. 1102. United States Fish and Wildlife Serv- (a) GRANTS.—The Secretary of Agriculture (in (a) PAYMENTS.—
ice. this section referred to as the ‘‘Secretary’’) shall (1) APPROPRIATION.—In addition to amounts
use the funds made available by this section to otherwise available, there is appropriated to the
TITLE XII—COMMITTEE ON SCIENCE,
establish an emergency pilot program for rural Secretary for fiscal year 2021, out of amounts in
SPACE, AND TECHNOLOGY
development not later than 150 days after the the Treasury not otherwise appropriated, such
Sec. 12001. National Institute of Standards and date of enactment of this Act to provide grants sums as may be necessary, to remain available
Technology. to eligible applicants (as defined in section until expended, for the cost of loan modifica-
Sec. 12002. National Science Foundation. 3570.61(a) of title 7, Code of Federal Regula- tions and payments under this section.
TITLE I—COMMITTEE ON AGRICULTURE tions) to be awarded by the Secretary based on (2) PAYMENTS.—The Secretary shall provide a
Subtitle A—Agriculture rural development needs related to the COVID– payment in an amount equal to 120 percent of
SEC. 1001.
FOOD SUPPLY CHAIN AND AGRI- 19 pandemic. the outstanding indebtedness of each socially
CULTURE PANDEMIC RESPONSE. (b) USES.—An eligible applicant to whom a disadvantaged farmer or rancher as of January
(a) APPROPRIATION.—In addition to amounts grant is awarded under this section may use the 1, 2021, to pay off the loan directly or to the so-
otherwise available, there is appropriated to the grant funds for costs, including those incurred cially disadvantaged farmer or rancher (or a
Secretary of Agriculture for fiscal year 2021, out prior to the issuance of the grant, as determined combination of both), on each—
of any money in the Treasury not otherwise ap- by the Secretary, of facilities which primarily (A) direct farm loan made by the Secretary to
propriated, $4,000,000,000, to remain available serve rural areas (as defined in section the socially disadvantaged farmer or rancher;
until expended, to carry out this section. 343(a)(13)(C) of the Consolidated Farm and and
(b) USE OF FUNDS.—The Secretary of Agri- Rural Development Act (7 U.S.C. 1991(a)(13)(C)), (B) farm loan guaranteed by the Secretary the
culture shall use the amounts made available which are located in a rural area, the median borrower of which is the socially disadvantaged
pursuant to subsection (a)— household income of the population to be served farmer or rancher.
(1) to purchase food and agricultural commod- by which is less than the greater of the poverty (b) DEFINITIONS.—In this section:
ities; line or the applicable percentage (determined (1) FARM LOAN.—The term ‘‘farm loan’’
(2) to purchase and distribute agricultural under section 3570.63(b) of title 7, Code of Fed- means—
commodities (including fresh produce, dairy, eral Regulations) of the State nonmetropolitan (A) a loan administered by the Farm Service
eggs, and meat) to individuals in need, includ- median household income, and for which the Agency under subtitle A, B, or C of the Consoli-
ing through delivery to nonprofit organizations performance of any construction work com- dated Farm and Rural Development Act (7
and through restaurants and other food related pleted with grant funds shall meet the condition U.S.C. 1922 et seq.); and
entities, as determined by the Secretary, that set forth in section 9003(f) of the Farm Security (B) a Commodity Credit Corporation Farm
may receive, store, process, and distribute food and Rural Investment Act of 2002 (7 U.S.C. Storage Facility Loan.
items; 8103(f)), to— (2) SECRETARY.—The term ‘‘Secretary’’ means
(3) to make grants and loans for small or (1) increase capacity for vaccine distribution; the Secretary of Agriculture.
midsized food processors or distributors, farmers (2) provide medical supplies to increase med- (3) SOCIALLY DISADVANTAGED FARMER OR
markets, producers, or other organizations to re- ical surge capacity; RANCHER.—The term ‘‘socially disadvantaged
spond to COVID–19, including for measures to (3) reimburse for revenue lost during the farmer or rancher’’ has the meaning given the
protect workers against COVID–19; and COVID–19 pandemic, including revenue losses term in section 2501(a) of the Food, Agriculture,
(4) to make loans and grants and provide incurred prior to the awarding of the grant; Conservation, and Trade Act of 1990 (7 U.S.C.
other assistance to maintain and improve food (4) increase telehealth capabilities, including 2279(a)).
and agricultural supply chain resiliency. underlying health care information systems; SEC. 1006. USDA ASSISTANCE AND SUPPORT FOR
(c) ANIMAL HEALTH.— (5) construct temporary or permanent struc- SOCIALLY DISADVANTAGED FARM-
(1) COVID–19 ANIMAL SURVEILLANCE.—The tures to provide health care services, including ERS, RANCHERS, FOREST LAND OWN-
Secretary of Agriculture shall conduct moni- vaccine administration or testing; ERS AND OPERATORS, AND GROUPS.
toring and surveillance of susceptible animals (6) support staffing needs for vaccine adminis- (a) APPROPRIATION.—In addition to amounts
for incidence of SARS–CoV–2. tration or testing; and otherwise available, there is appropriated to the
(2) GUIDANCE.—Activities conducted under (7) engage in any other efforts to support Secretary of Agriculture for fiscal year 2021, out
paragraph (1) shall be consistent with guidance rural development determined to be critical to of any money in the Treasury not otherwise ap-
provided by the World Organisation for Animal address the COVID–19 pandemic, including nu- propriated, $1,010,000,000, to remain available
Health. tritional assistance to vulnerable individuals, as until expended, to carry out this section.
(3) FUNDING.—Out of the amounts made avail- approved by the Secretary. (b) ASSISTANCE.—The Secretary of Agriculture
able under subsection (a), the Secretary shall (c) FUNDING.—In addition to amounts other- shall use the amounts made available pursuant
use $300,000,000 to carry out this subsection. wise available, there is appropriated to the Sec- to subsection (a)—
(d) OVERTIME FEES.— retary for fiscal year 2021, out of any money in (1) to provide outreach, mediation, financial
(1) SMALL ESTABLISHMENT; VERY SMALL ESTAB- the Treasury not otherwise appropriated, training, capacity building training, cooperative
LISHMENT DEFINITIONS.—The terms ‘‘small estab- $500,000,000, to remain available until September development training and support, and other
lishment’’ and ‘‘very small establishment’’ have 30, 2023, to carry out this section, of which not technical assistance on issues concerning food,
the meaning given those terms in the final rule more than 3 percent may be used by the Sec- agriculture, agricultural credit, agricultural ex-
entitled ‘‘Pathogen Reduction; Hazard Analysis retary for administrative purposes and not more tension, rural development, or nutrition to so-
and Critical Control Point (HACCP) Systems’’ than 2 percent may be used by the Secretary for cially disadvantaged farmers, ranchers, or forest
published in the Federal Register on July 25, technical assistance as defined in section landowners, or other members of socially dis-
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1996 (61 Fed. Reg. 38806). 306(a)(26) of the Consolidated Farm and Rural advantaged groups;
(2) OVERTIME INSPECTION COST REDUCTION.— Development Act (7 U.S.C. 1926(a)(26)). (2) to provide grants and loans to improve
Notwithstanding section 10703 of the Farm Secu- SEC. 1003. PANDEMIC PROGRAM ADMINISTRA- land access for socially disadvantaged farmers,
rity and Rural Investment Act of 2002 (7 U.S.C. TION FUNDS. ranchers, or forest landowners, including issues
2219a), the Act of June 5, 1948 (21 U.S.C. 695), In addition to amounts otherwise available, related to heirs’ property in a manner as deter-
section 25 of the Poultry Products Inspection there are appropriated for fiscal year 2021, out mined by the Secretary;
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H777
(3) to support the development of agricultural Subtitle B—Nutrition ‘‘(a) COVID–19 RESPONSE FUNDING.—In addi-
credit institutions that are designed to serve so- SEC. 1111. SUPPLEMENTAL NUTRITION ASSIST- tion’’; and
cially disadvantaged groups, including other fi- ANCE PROGRAM. (2) by adding at the end the following—
nancing institutions funded by the Farm Credit (a) VALUE OF BENEFITS.—Section 702(a) of di- ‘‘(b) ADDITIONAL FUNDING.—In addition to
System; vision N of the Consolidated Appropriations Act, any other funds made available, there is appro-
(4) to support the activities of one or more eq- 2021 (Public Law 116–260) is amended by striking priated for fiscal year 2021, out of any money in
uity commissions that will address racial equity ‘‘June 30, 2021’’ and inserting ‘‘September 30, the Treasury not otherwise appropriated,
issues within the Department of Agriculture and 2021’’. $1,000,000,000 to remain available until Sep-
its programs; (b) SNAP ADMINISTRATIVE EXPENSES.—In addi- tember 30, 2027, for the Secretary of Agriculture
(5) to support the development of one or more tion to amounts otherwise available, there is to provide grants to the Commonwealth of
legal centers focused on agricultural legal issues hereby appropriated for fiscal year 2021, out of Northern Mariana Islands, Puerto Rico, and
of socially disadvantaged farmers, ranchers, or any amounts in the Treasury not otherwise ap- American Samoa for nutrition assistance, of
forest landowners or other members of socially propriated, $1,150,000,000, to remain available which $30,000,000 shall be available to provide
disadvantaged groups; until September 30, 2023, with amounts to be ob- grants to the Commonwealth of Northern Mar-
(6) to support and supplement agricultural re- ligated for each of fiscal years 2021, 2022, and iana Islands for such assistance.’’.
search, education, and extension, as well as SEC. 1114. COMMODITY SUPPLEMENTAL FOOD
2023, for the costs of State administrative ex-
scholarships and programs that provide intern- PROGRAM.
penses associated with carrying out this section
ships and pathways to Federal employment, In addition to amounts otherwise made avail-
and administering the supplemental nutrition
at— able, there is appropriated for fiscal year 2021,
assistance program established under the Food
(A) colleges or universities eligible to receive out of any money in the Treasury not otherwise
and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.),
funds under the Act of August 30, 1890 (com- appropriated, $37,000,000, to remain available
of which—
monly known as the ‘‘Second Morrill Act’’) (7 until September 30, 2022, for activities author-
(1) $15,000,000 shall be for necessary expenses
U.S.C. 321 et seq.), including Tuskegee Univer- ized by section 4(a) of the Agriculture and Con-
of the Secretary of Agriculture (in this section
sity; sumer Protection Act of 1973 (7 U.S.C. 612c
referred to as the ‘‘Secretary’’) for management
(B) 1994 Institutions (as defined in section 532 note).
and oversight of the program; and
of the Equity in Educational Land-Grant Status (2) $1,135,000,000 shall be for the Secretary to TITLE II—COMMITTEE ON EDUCATION
Act of 1994 (7 U.S.C. 301 note; Public Law 103– make grants to each State agency for each of AND LABOR
382)); fiscal years 2021 through 2023 as follows: Subtitle A—Education Matters
(C) Alaska Native serving institutions and Na- (A) 75 percent of the amounts available shall PART 1—DEPARTMENT OF EDUCATION
tive Hawaiian serving institutions eligible to re- be allocated to States based on the share of each SEC. 2001.ELEMENTARY AND SECONDARY
ceive grants under subsections (a) and (b), re- State of households that participate in the sup- SCHOOL EMERGENCY RELIEF FUND.
spectively, of section 1419B of the National Agri- plemental nutrition assistance program as re- (a) IN GENERAL.—In addition to amounts oth-
cultural Research, Extension, and Teaching ported to the Department of Agriculture for the erwise available through the Education Sta-
Policy Act of 1977 (7 U.S.C. 3156); most recent 12-month period for which data are bilization Fund, there is appropriated to the De-
(D) Hispanic-serving institutions eligible to re- available, adjusted by the Secretary (as of the partment of Education for fiscal year 2021, out
ceive grants under section 1455 of the National date of the enactment of this Act) for participa- of any money in the Treasury not otherwise ap-
Agricultural Research, Extension, and Teaching tion in disaster programs under section 5(h) of propriated, $128,554,800,000, to remain available
Policy Act of 1977 (7 U.S.C. 3241); and the Food and Nutrition Act of 2008 (7 U.S.C. through September 30, 2023, to carry out this
(E) the insular area institutions of higher 2014(h)); and section.
education located in the territories of the United (B) 25 percent of the amounts available shall (b) GRANTS.—From funds provided under sub-
States, as referred to in section 1489 of the Na- be allocated to States based on the increase in section (a), the Secretary shall make grants to
tional Agricultural Research, Extension, and the number of households that participate in the each State educational agency in accordance
Teaching Policy Act of 1977 (7 U.S.C. 3361); supplemental nutrition assistance program as with this section.
(7) to provide assistance to socially disadvan- reported to the Department of Agriculture over (c) ALLOCATIONS TO STATES.—The amount of
taged farmers, ranchers, or forest landowners the most recent 12-month period for which data each grant under subsection (b) shall be allo-
that are former farm loan borrowers that suf- are available, adjusted by the Secretary (as of cated by the Secretary to each State in the same
fered related adverse actions or past discrimina- the date of the enactment of this Act) for par- proportion as each State received under part A
tion or bias in Department of Agriculture pro- ticipation in disaster programs under section of title I of the Elementary and Secondary Edu-
grams, as determined by the Secretary; and 5(h) of the Food and Nutrition Act of 2008 (7 cation Act of 1965 in the most recent fiscal year.
(8) to establish pilot projects that focus on U.S.C. 2014(h)). (d) SUBGRANTS TO LOCAL EDUCATIONAL AGEN-
land acquisition, financial planning, and credit SEC. 1112. ADDITIONAL ASSISTANCE FOR SNAP CIES.—Each State shall allocate not less than 90
by providing technical and financial assistance ONLINE PURCHASING AND TECH- percent of the grant funds awarded to the State
related to agricultural production or timber pro- NOLOGY IMPROVEMENTS. under this section as subgrants to local edu-
duction on nonindustrial private forest land to (a) FUNDING.—In addition to amounts other- cational agencies (including charter schools
socially disadvantaged farmers, ranchers, or for- wise made available, there is appropriated for that are local educational agencies) in the State
est landowners, or other members of socially dis- fiscal year 2021, out of any amounts in the in proportion to the amount of funds such local
advantaged groups. Treasury not otherwise appropriated, $25,000,000 educational agencies and charter schools that
(c) DEFINITIONS.—In this section: to remain available through September 30, 2026, are local educational agencies received under
(1) NONINDUSTRIAL PRIVATE FOREST LAND.— to carry out this section. part A of title I of the Elementary and Sec-
The term ‘‘nonindustrial private forest land’’ (b) USE OF FUNDS.—The Secretary of Agri- ondary Education Act of 1965 in the most recent
has the meaning given the term in section culture may use the amounts made available fiscal year.
1201(a)(18) of the Food Security Act of 1985 (16 pursuant to subsection (a)— (e) USES OF FUNDS.—A local educational
U.S.C. 3801(a)(18)). (1) to make technological improvements to im- agency that receives funds under this section—
prove online purchasing in the supplemental (1) shall reserve not less than 20 percent of
(2) SOCIALLY DISADVANTAGED FARMER, RANCH-
nutrition assistance program established under such funds to address learning loss through the
ER, OR FOREST LANDOWNER.—The term ‘‘socially
the Food and Nutrition Act of 2008 (7 U.S.C. implementation of evidence-based interventions,
disadvantaged farmer, rancher, or forest land-
2011 et seq.); such as summer learning, extended day, com-
owner’’ means a farmer, rancher, or owner or
(2) to modernize electronic benefit transfer prehensive afterschool programs, or extended
operator of nonindustrial private forest land
technology; school year programs, and ensure that such
who is a member of a socially disadvantaged
(3) to support the mobile technologies dem- interventions respond to students’ academic, so-
group.
onstration projects and the use of mobile tech- cial, and emotional needs and address the dis-
(3) SOCIALLY DISADVANTAGED GROUP.—The
nologies authorized under section 7(h)(14) of the proportionate impact of the coronavirus on the
term ‘‘socially disadvantaged group’’ has the
Food and Nutrition Act of 2008 (7 U.S.C. student subgroups described in section
meaning given the term in section 2501(a) of the
2016(h)(14)); and 1111(b)(2)(xi) of the Elementary and Secondary
Food, Agriculture, Conservation, and Trade Act
(4) to provide technical assistance to educate Education Act of 1965 (20 U.S.C. 6311(b)(2)(xi)),
of 1990 (7 U.S.C. 2279(a)).
retailers on the process and technical require- students experiencing homelessness, and chil-
SEC. 1007. USE OF THE COMMODITY CREDIT COR- dren and youth in foster care; and
PORATION FOR COMMODITIES AND ments for the online acceptance of the supple-
(2) shall use the remaining funds for any of
ASSOCIATED EXPENSES.. mental nutrition assistance program benefits,
the following:
In addition to amounts otherwise made avail- for mobile payments, and for electronic benefit (A) Any activity authorized by the Elemen-
able, there are appropriated for fiscal year 2021, transfer modernization initiatives. tary and Secondary Education Act of 1965.
out of any money in the Treasury not otherwise SEC. 1113. ADDITIONAL FUNDING FOR NUTRI- (B) Any activity authorized by the Individ-
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appropriated, $800,000,000, to remain available TION ASSISTANCE PROGRAMS. uals with Disabilities Education Act.
until September 30, 2022, to use the Commodity Section 704 of division N of the Consolidated (C) Any activity authorized by the Adult Edu-
Credit Corporation to acquire and make avail- Appropriations Act, 2021 (Public Law 116–260) is cation and Family Literacy Act.
able commodities under section 406(b) of the amended— (D) Any activity authorized by the Carl D.
Food for Peace Act (7 U.S.C. 1736(b)) and for ex- (1) by striking ‘‘In addition’’ and inserting the Perkins Career and Technical Education Act of
penses under such section. following: 2006.
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H778 CONGRESSIONAL RECORD — HOUSE February 26, 2021
(E) Coordination of preparedness and re- (R) Developing strategies and implementing ‘‘parent’’, ‘‘school leader’’, ‘‘Secretary’’,
sponse efforts of local educational agencies with public health protocols including, to the greatest ‘‘State’’, ‘‘state educational agency’’, and
State, local, Tribal, and territorial public health extent practicable, policies in line with guidance ‘‘technology’’ have the meanings given those
departments, and other relevant agencies, to im- from the Centers for Disease Control and Pre- terms in section 8101 of the Elementary and Sec-
prove coordinated responses among such entities vention for the reopening and operation of ondary Education Act of 1965 (20 U.S.C. 7801).
to prevent, prepare for, and respond to school facilities to effectively maintain the SEC. 2002. HIGHER EDUCATION EMERGENCY RE-
coronavirus. health and safety of students, educators, and LIEF FUND.
(F) Providing principals and others school other staff. In addition to amounts otherwise available,
leaders with the resources necessary to address (S) Other activities that are necessary to there is appropriated to the Department of Edu-
the needs of their individual schools. maintain the operation of and continuity of cation for fiscal year 2021, out of any money in
(G) Activities to address the unique needs of services in local educational agencies and con- the Treasury not otherwise appropriated,
low-income children or students, children with tinuing to employ existing staff of the local edu- $39,584,570,000, to remain available through Sep-
disabilities, English learners, racial and ethnic cational agency. tember 30, 2023, for making allocations to insti-
minorities, students experiencing homelessness, (f) STATE FUNDING.—With funds not otherwise tutions of higher education in accordance with
and foster care youth, including how outreach allocated under subsection (d), a State— the same terms and conditions of section 314 of
and service delivery will meet the needs of each (1) shall reserve not less than 5 percent of the Coronavirus Response and Relief Supplemental
population. total amount of grant funds awarded to the
(H) Developing and implementing procedures Appropriations Act, 2021 (division M of Public
State under this section to carry out, directly or Law 116–260), except that—
and systems to improve the preparedness and re- through grants or contracts, activities to ad-
sponse efforts of local educational agencies. (1) subsection (a)(1) of such section 314 shall
dress learning loss by supporting the implemen- be applied by substituting ‘‘91 percent’’ for ‘‘89
(I) Training and professional development for tation of evidence-based interventions, such as
staff of the local educational agency on sanita- percent’’;
summer learning, extended day, comprehensive (2) subsection (a)(2) of such section 314 shall
tion and minimizing the spread of infectious dis- afterschool programs, or extended school year
eases. be applied—
programs, and ensure that such interventions (A) in the matter preceding subparagraph (A),
(J) Purchasing supplies to sanitize and clean respond to students’ academic, social, and emo-
the facilities of a local educational agency, in- by substituting ‘‘under the heading ‘Higher
tional needs and address the disproportionate Education’ in the Department of Education Ap-
cluding buildings operated by such agency. impact of the coronavirus on the student sub-
(K) Planning for, coordinating, and imple- propriations Act, 2020’’ for ‘‘in the Further Con-
groups described in section 1111(b)(2)(xi) of the solidated Appropriations Act, 2020 (Public Law
menting activities during long-term closures, in-
Elementary and Secondary Education Act of 116–94)’’; and
cluding providing meals to eligible students, pro-
1965 (20 U.S.C. 6311(b)(2)(xi)), students experi- (B) in subparagraph (B), by substituting
viding technology for online learning to all stu-
encing homelessness, and children and youth in ‘‘under the heading ‘Higher Education’ in the
dents, providing guidance for carrying out re-
foster care, including by providing additional Department of Education Appropriations Act,
quirements under the IDEA and ensuring other
support to local educational agencies to fully 2020’’ for ‘‘in the Further Consolidated Appro-
educational services can continue to be provided
address such impacts; and priations Act, 2020 (Public Law 116–94)’’;
consistent with all Federal, State, and local re-
(2) may reserve not more than one-half of 1 (3) an institution that receives an allocation
quirements.
percent of the total amount of grant funds apportioned in accordance with clause (iii) of
(L) Purchasing educational technology (in-
awarded to the State under this section for ad- subsection (a)(2)(A) of such section 314 that has
cluding hardware, software, and connectivity)
ministrative costs and the remainder for emer- a total endowment size of less than $1,000,000
for students who are served by the local edu-
gency needs as determined by the state edu- (including an institution that does not have an
cational agency that aids in regular and sub-
cational agency to address issues responding to endowment) shall be treated by the Secretary as
stantive educational interaction between stu-
coronavirus, which may be addressed through having a total endowment size of $1,000,000 for
dents and their classroom instructors, including
the use of grants or contracts. the purposes of such clause (iii);
low-income students and children with disabil-
(g) EQUITABLE SERVICES.—
ities, which may include assistive technology or (1) IN GENERAL.—In carrying out subsection (4) subsection (a)(4) of such section 314 shall
adaptive equipment. (e)(1), a local educational agency shall provide be applied by substituting ‘‘1 percent’’ for ‘‘3
(M) Providing mental health services and sup- percent’’;
equitable services in the same manner as pro-
ports. (5) except as provided in paragraphs (7) and
(N) Planning and implementing activities re- vided under section 1117 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. (9) of subsection (d) of such section 314, an in-
lated to summer learning and supplemental stitution shall use a portion of funds received
afterschool programs, including providing class- 6320) to students and teachers in non-public
schools, as determined in consultation with rep- under this section to—
room instruction or online learning during the (A) implement evidence-based practices to
summer months and addressing the needs of resentatives of non-public schools, except that
the standards for a bypass (if needed because a monitor and suppress coronavirus in accordance
low-income students, children with disabilities, with public health guidelines; and
English learners, migrant students, students ex- local educational agency is prohibited by law
from providing equitable services or has sub- (B) conduct direct outreach to financial aid
periencing homelessness, and children in foster applicants about the opportunity to receive a fi-
care. stantially failed or is unwilling to provide equi-
table services) shall be solely determined by the nancial aid adjustment due to the recent unem-
(O) Addressing learning loss among students, ployment of a family member or independent
including low-income students, children with Secretary.
(2) PUBLIC CONTROL OF FUNDS.—Control of student, or other circumstances, described in
disabilities, English learners, racial and ethnic section 479A of the Higher Education Act of 1965
minorities, students experiencing homelessness, funds provided under subsection (e)(1), and title
to materials, equipment, and property pur- (20 U.S.C. 1087tt);
and children and youth in foster care, of the (6) the following shall not apply to funds pro-
local educational agency, including by— chased with such funds, shall be in a public
agency, and a public agency shall administer vided or received in accordance with this sec-
(i) administering and using high-quality as- tion—
sessments that are valid and reliable, to accu- such funds, materials, equipment, and property
and shall provide such services (or may contract (A) subsection (b) of such section 314;
rately assess students’ academic progress and (B) paragraph (2) of subsection (c) of such
assist educators in meeting students’ academic for the provision of such services with a public
or private entity). section 314;
needs, including through differentiating in- (C) paragraphs (1), (2), (4), (5), (6), and (8) of
struction; (h) REPORT.—A State receiving funds under
this section shall submit a report to the Sec- subsection (d) of such section 314;
(ii) implementing evidence-based activities to
retary, not later than 6 months after receiving (D) subsections (e) and (f) of such section 314;
meet the comprehensive needs of students;
(iii) providing information and assistance to funding provided in this section, and every 6 and
parents and families on how they can effectively months thereafter until such funds are obli- (E) section 316 of the Coronavirus Response
support students, including in a distance learn- gated, that provides a detailed accounting of the and Relief Supplemental Appropriations Act,
ing environment; and use of funds provided under this section, includ- 2021 (division M of Public Law 116–260); and
(iv) tracking student attendance and improv- ing by identifying the specific amounts used to (7) an institution that receives an allocation
ing student engagement in distance education. carry out subsections (e)(1) and (f)(1) and a de- under this section apportioned in accordance
(P) School facility repairs and improvements scription of the specific activities carried out with subparagraphs (A) through (D) of sub-
to enable operation of schools to reduce risk of under such subsections. section (a)(1) of such section 314 shall use not
virus transmission and exposure to environ- (i) REALLOCATION.—A State shall return to less than 50 percent of such allocation to pro-
mental health hazards, and to support student the Secretary any funds received under this sec- vide emergency financial aid grants to students
health needs. tion that the State does not award within 1 year in accordance with subsection (c)(3) of such sec-
(Q) Inspection, testing, maintenance, repair, of receiving such funds and the Secretary shall tion 314.
replacement, and upgrade projects to improve reallocate such funds to the remaining States in SEC. 2003. MAINTENANCE OF EFFORT AND MAIN-
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the indoor air quality in school facilities, in- accordance with subsection (c). TENANCE OF EQUITY.
cluding mechanical and non-mechanical heat- (j) ESEA TERMS.—The terms ‘‘child’’, ‘‘chil- (a) STATE MAINTENANCE OF EFFORT.—
ing, ventilation, and air conditioning systems, dren with disabilities’’, ‘‘distance education’’, (1) IN GENERAL.—As a condition of receiving
filtering, purification and other air cleaning, ‘‘elementary school’’, ‘‘English learner’’, ‘‘evi- funds under section 2001, a State shall maintain
fans, control systems, and window and door re- dence-based’’, ‘‘extended learning time’’, ‘‘sec- support for elementary and secondary edu-
pair and replacement. ondary school’’, ‘‘local educational agency’’, cation, and for higher education (which shall
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H779
include State funding to institutions of higher cational agencies for which no such data is prepare for, and respond to coronavirus includ-
education and State need-based financial aid, available, such other data as the Secretary of ing direct outreach to students and borrowers
and shall not include support for capital Education determines is satisfactory). about financial aid, economic impact payments,
projects or for research and development or tui- (2) The term ‘‘high-poverty school’’ means, means-tested benefits, unemployment assistance,
tion and fees paid by students), in each of fiscal with respect to a school served by a local edu- and tax benefits, for which the students and
years 2022 and 2023 at least at the proportional cational agency, a school that serves a higher borrowers may be eligible.
levels of such State’s support for elementary and percentage of economically disadvantaged stu- SEC. 2008. HOWARD UNIVERSITY.
secondary education and for higher education dents (as determined by any measure of poverty, In addition to amounts otherwise available,
relative to such State’s overall spending, aver- as determined by the Secretary of Education), there is appropriated to the Department of Edu-
aged over fiscal years 2017, 2018, and 2019. than the school that serves the median percent- cation for fiscal year 2021, out of any money in
(2) WAIVER.—For the purpose of relieving fis- age of economically disadvantaged students the Treasury not otherwise appropriated,
cal burdens incurred by States in preventing, based on the percentages of economically dis- $35,000,000, to remain available through Sep-
preparing for, and responding to the advantaged students— tember 30, 2023, for Howard University to pre-
coronavirus, the Secretary of Education may (A) at all schools served by such local edu- vent, prepare for, and respond to coronavirus,
waive any maintenance of effort requirements cational agency; or including to defray expenses associated with
associated with the Education Stabilization (B) at all schools within each grade-span of coronavirus (including lost revenue, reimburse-
Fund. such local educational agency. ment for expenses already incurred, technology
(b) STATE MAINTENANCE OF EQUITY.— (3) The term ‘‘overall per-pupil reduction in costs associated with a transition to distance
(1) HIGH-POVERTY LOCAL EDUCATIONAL AGEN- State funds’’ means, with respect to a fiscal education, faculty and staff trainings, and pay-
CIES.—As a condition of receiving funds under year— roll) and to provide financial aid grants to stu-
section 2001, a State educational agency shall (A) the amount of any reduction in the total dents, which may be used for any component of
not, in fiscal year 2022 or 2023, reduce State amount of State funds provided to all local edu- the student’s cost of attendance.
funding (calculated on a per-pupil basis) for cational agencies in the State in such fiscal year
SEC. 2009. NATIONAL TECHNICAL INSTITUTE FOR
any high-poverty local educational agency in compared to the total amount of such funds pro- THE DEAF.
the State by an amount that exceeds the overall vided to all local educational agencies in the In addition to amounts otherwise available,
per-pupil reduction in State funds, if any, State in the previous fiscal year; divided by there is appropriated to the Department of Edu-
across all local educational agencies in such (B) the aggregate number of children enrolled cation for fiscal year 2021, out of any money in
State in such fiscal year. in all schools served by all local educational the Treasury not otherwise appropriated,
(2) LOCAL EDUCATIONAL AGENCIES WITH HIGH- agencies in the State in the fiscal year for which $19,250,000, to remain available through Sep-
EST SHARE OF ECONOMICALLY DISADVANTAGED the determination is being made. tember 30, 2023, for the National Technical In-
STUDENT.—Notwithstanding paragraph (1), as a SEC. 2004. OUTLYING AREAS. stitute for the Deaf to prevent, prepare for, and
condition of receiving funds under section 2001, In addition to amounts otherwise available, respond to coronavirus, including to defray ex-
a State educational agency shall not, in fiscal there is appropriated to the Department of Edu- penses associated with coronavirus (including
year 2022 or 2023, reduce State funding for any cation for fiscal year 2021, out of any money in lost revenue, reimbursement for expenses al-
local educational agency that is part of the 20 the Treasury not otherwise appropriated, ready incurred, technology costs associated with
percent of local educational agencies in the $850,000,000, to remain available through Sep- a transition to distance education, faculty and
State with the highest percentage of economi- tember 30, 2023, for the Secretary of Education staff training, and payroll) and to provide fi-
cally disadvantaged students (based on the per- to allocate awards to the outlying areas on the nancial aid grants to students, which may be
centages of economically disadvantaged stu- basis of their respective needs, as determined by used for any component of the student’s cost of
dents served by all local educational agencies in the Secretary, to be allocated not more than 30 attendance.
the State on the basis of the most recent satis- calendar days after the date of enactment of SEC. 2010. INSTITUTE OF EDUCATION SCIENCES.
factory data available from the Department of this Act. In addition to amounts otherwise available,
Commerce (or, for local educational agencies for SEC. 2005. BUREAU OF INDIAN EDUCATION. there is appropriated to the Department of Edu-
which no such data is available, such other In addition to amounts otherwise available, cation for fiscal year 2021, out of any money in
data as the Secretary of Education determines is there is appropriated to the Department of Inte- the Treasury not otherwise appropriated,
satisfactory)) below the level of funding pro- rior for fiscal year 2021, out of any money in the $100,000,000, to remain available through Sep-
vided to such local educational agencies in fis- Treasury not otherwise appropriated, tember 30, 2023, for the Institute of Education
cal year 2019. $850,000,000, to remain available until expended, Sciences to carry out research related to ad-
(c) LOCAL EDUCATIONAL AGENCY MAINTE- for the Secretary of the Interior for awards, dressing learning loss caused by the coronavirus
NANCE OF EQUITY FOR HIGH-POVERTY which awards shall be determined and funds for among the student subgroups described in sec-
SCHOOLS.—As a condition of receiving funds such awards allocated by the Secretary of the tion 1111(b)(2)(xi) of the Elementary and Sec-
under section 2001, a local educational agency Interior not more than 30 calendar days after ondary Education Act of 1965 (20 U.S.C.
shall not, in fiscal year 2022 or 2023— the date of enactment of this Act, for programs 6311(b)(2)(xi)) and students experiencing home-
(1) reduce per-pupil funding (from combined operated or funded by the Bureau of Indian lessness and children and youth in foster care,
State and local funding) for any high-poverty Education, for Bureau-funded schools (as de- and to disseminate such findings to State edu-
school served by such local educational agency fined in section 1141(3) of the Education Amend- cational agencies and local educational agencies
by an amount that exceeds— ments of 1978 (25 U.S.C. 2021(3)), and for Tribal
(A) the total reduction in local educational and other appropriate entities.
Colleges or Universities (as defined in section SEC. 2011. PROGRAM ADMINISTRATION.
agency funding (from combined State and local 316(b)(3) of the Higher Education Act of 1965 (20
funding) for all schools served by the local edu- In addition to amounts otherwise available,
U.S.C. 1059c(b)(3))). there is appropriated to the Department of Edu-
cational agency in such fiscal year (if any); di-
SEC. 2006. GALLAUDET UNIVERSITY. cation for fiscal year 2021, out of any money in
vided by
(B) the number of children enrolled in all In addition to amounts otherwise available, the Treasury not otherwise appropriated,
schools served by the local educational agency there is appropriated to the Department of Edu- $15,000,000, to remain available through Sep-
in such fiscal year; or cation for fiscal year 2021, out of any money in tember 30, 2024, for Program Administration
(2) reduce per-pupil, full-time equivalent staff the Treasury not otherwise appropriated, within the Department of Education to prevent,
in any high-poverty school by an amount that $19,250,000, to remain available through Sep- prepare for, and respond to coronavirus, and for
exceeds— tember 30, 2023, for the Kendall Demonstration salaries and expenses necessary to implement
(A) the total reduction in full-time equivalent Elementary School, the Model Secondary School this part.
staff in all schools served by such local edu- for the Deaf, and Gallaudet University to pre- SEC. 2012. OFFICE OF INSPECTOR GENERAL.
cational agency in such fiscal year (if any); di- vent, prepare for, and respond to coronavirus, In addition to amounts otherwise available,
vided by domestically or internationally, including to de- there is appropriated to the Department of Edu-
(B) the number of children enrolled in all fray expenses associated with coronavirus (in- cation for fiscal year 2021, out of any money in
schools served by the local educational agency cluding lost revenue, reimbursement for ex- the Treasury not otherwise appropriated,
in such fiscal year. penses already incurred, technology costs asso- $5,000,000, to remain available until expended,
(d) DEFINITIONS.—In this section: ciated with a transition to distance education, for the Office of Inspector General of the De-
(1) The term ‘‘high-poverty local educational faculty and staff trainings, and payroll) and to partment of Education, for salaries and ex-
agency’’ means, with respect to a local edu- provide financial aid grants to students, which penses necessary for oversight, investigations,
cational agency in a State, a local educational may be used for any component of the student’s and audits of programs, grants, and projects
agency that serves a higher percentage of eco- cost of attendance. funded under this part carried out by the Office
nomically disadvantaged students than the local SEC. 2007. STUDENT AID ADMINISTRATION. of Inspector General.
educational agency that serves the median per- In addition to amounts otherwise available, SEC. 2013. MODIFICATION OF REVENUE REQUIRE-
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centage of economically disadvantaged students, there is appropriated to the Department of Edu- MENTS FOR PROPRIETARY INSTITU-
based on the percentages of economically dis- cation for fiscal year 2021, out of any money in TIONS OF HIGHER EDUCATION.
advantaged students served by all local edu- the Treasury not otherwise appropriated, (a) IN GENERAL.—Section 487(a)(24) of the
cational agencies in such State, on the basis of $91,130,000, to remain available through Sep- Higher Education Act of 1965 (20 U.S.C.
the most recent satisfactory data available from tember 30, 2023, for Student Aid Administration 1094(a)(24)) is amended by striking ‘‘funds pro-
the Department of Commerce (or, for local edu- within the Department of Education to prevent, vided under this title’’ and inserting ‘‘Federal
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H780 CONGRESSIONAL RECORD — HOUSE February 26, 2021
funds that are disbursed or delivered to or on SEC. 2024. COVID-19 RESPONSE RESOURCES FOR 1938 (29 U.S.C. 203(m)(2)(A)(i)) is amended to
behalf of a student to be used to attend such in- THE PRESERVATION AND MAINTE- read as follows:
NANCE OF NATIVE AMERICAN LAN- ‘‘(i) the cash wage paid such employee, which
stitution (referred to in this paragraph and sub-
GUAGES.
section (d) as ‘Federal education assistance for purposes of such determination shall be not
funds’)’’. (a) Section 816 of the Native American Pro- less than—
grams Act of 1974 (42 U.S.C. 2992d) is amended ‘‘(I) for the 1-year period beginning on the ef-
(b) IMPLEMENTATION OF NON-FEDERAL REV-
by adding at the end the following: fective date under section 2101(e) of the Amer-
ENUE REQUIREMENT.—Section 487(d) of the
‘‘(f) In addition to amounts otherwise avail- ican Rescue Plan Act of 2021, $4.95 an hour;
Higher Education Act of 1965 (20 U.S.C. 1094(d)) able, there is appropriated for fiscal year 2021,
is amended— ‘‘(II) for each succeeding 1-year period until
out of any money in the Treasury not otherwise the hourly wage under this clause equals the
(1) in the subsection heading, by striking appropriated, $10,000,000 to remain available wage in effect under section 6(a)(1) for such pe-
‘‘Non-title IV’’ and inserting ‘‘Non-Federal’’; until expended, to carry out section 803C(g) of riod, an hourly wage equal to the amount deter-
and this Act.’’. mined under this clause for the preceding year,
(2) in paragraph (1)(C), by striking ‘‘funds for (b) Section 803C of the Native American Pro- increased by the lesser of—
a program under this title’’ and inserting ‘‘Fed- grams Act of 1974 (42 U.S.C. 2991b-3) is amended ‘‘(aa) $2.00; or
eral education assistance funds’’. by adding at the end the following: ‘‘(bb) the amount necessary for the wage in
PART 2—MISCELLANEOUS ‘‘(g) EMERGENCY GRANTS FOR NATIVE AMER- effect under this clause to equal the wage in ef-
ICAN LANGUAGE PRESERVATION AND MAINTE- fect under section 6(a)(1) for such period,
SEC. 2021. NATIONAL ENDOWMENT FOR THE
NANCE.—Not later than 180 days after the effec- rounded up to the nearest multiple of $0.05; and
ARTS.
tive date of this subsection, the Secretary shall ‘‘(III) for each succeeding 1-year period after
In addition to amounts otherwise available, award grants to entities eligible to receive assist- all increases are made pursuant to subclause
there is appropriated for fiscal year 2021, out of ance under subsection (a) to ensure the survival (II), the minimum wage in effect under section
any money in the Treasury not otherwise appro- and continuing vitality of Native American lan- 6(a)(1); and’’.
priated, $135,000,000, to remain available until guages during and after the public health emer- (2) SCHEDULED REPEAL OF SEPARATE MINIMUM
expended, under the National Foundation on gency declared by the Secretary pursuant to sec- WAGE FOR TIPPED EMPLOYEES.—
the Arts and the Humanities Act of 1965, as fol- tion 319 of the Public Health Service Act (42 (A) TIPPED EMPLOYEES.—Section 3(m)(2)(A) of
lows: U.S.C. 247d) with respect to the COVID–19 pan- the Fair Labor Standards Act of 1938 (29 U.S.C.
(1) Forty percent shall be for grants, and rel- demic.’’. 203(m)(2)(A)), as amended by paragraph (1), is
evant administrative expenses, to State arts further amended by striking the sentence begin-
Subtitle B—Labor Matters
agencies and regional arts organizations that ning with ‘‘In determining the wage an em-
support organizations’ programming and gen- SEC. 2101. RAISING THE FEDERAL MINIMUM
WAGE.
ployer is required to pay a tipped employee,’’
eral operating expenses to cover up to 100 per- and all that follows through ‘‘of this sub-
cent of the costs of the programs which the (a) MINIMUM WAGE INCREASES.—
(1) IN GENERAL.—Section 6(a)(1) of the Fair section.’’ and inserting ‘‘The wage required to
grants support, to prevent, prepare for, respond be paid to a tipped employee shall be the wage
to, and recover from the coronavirus. Labor Standards Act of 1938 (29 U.S.C.
206(a)(1)) is amended to read as follows: set forth in section 6(a)(1).’’.
(2) Sixty percent shall be for direct grants, (B) EFFECTIVE DATE.—The amendments made
‘‘(1) except as otherwise provided in this sec-
and relevant administrative expenses, that sup- by subparagraph (A) shall take effect on the
tion, not less than—
port organizations’ programming and general date that is 1 day after the date on which the
‘‘(A) $9.50 an hour, beginning on the effective
operating expenses to cover up to 100 percent of hourly wage under subclause (III) of section
date under section 2101(e) of the American Res-
the costs of the programs which the grants sup- 3(m)(2)(A)(i) of the Fair Labor Standards Act of
cue Plan Act of 2021;
port, to prevent, prepare for, respond to, and re- ‘‘(B) $11.00 an hour, beginning 1 year after 1938 (29 U.S.C. 203(m)(2)(A)(i)), as amended by
cover from the coronavirus. such effective date; paragraph (1), takes effect.
SEC. 2022. NATIONAL ENDOWMENT FOR THE HU- (3) PENALTIES.—Section 16 of the Fair Labor
‘‘(C) $12.50 an hour, beginning 2 years after
MANITIES. Standards Act of 1938 (29 U.S.C. 216) is amend-
such effective date;
In addition to amounts otherwise available, ‘‘(D) $14.00 an hour, beginning 3 years after ed—
(A) in the third sentence of subsection (b), by
there is appropriated for fiscal year 2021, out of such effective date;
inserting ‘‘or used’’ after ‘‘kept’’; and
any money in the Treasury not otherwise appro- ‘‘(E) $15.00 an hour, beginning 4 years after
(B) in the second sentence of subsection (e)(2),
priated, $135,000,000, to remain available until such effective date; and
by inserting ‘‘or used’’ after ‘‘kept’’.
expended, under the National Foundation on ‘‘(F) beginning on the date that is 5 years
(c) NEWLY HIRED EMPLOYEES WHO ARE LESS
the Arts and the Humanities Act of 1965, as fol- after such effective date, and annually there-
THAN 20 YEARS OLD.—
lows: after, the amount determined by the Secretary (1) IN GENERAL.—Section 6(g)(1) of the Fair
(1) Forty percent shall be for grants, and rel- under subsection (h);’’. Labor Standards Act of 1938 (29 U.S.C. 206(g)(1))
evant administrative expenses, to State human- (2) DETERMINATION BASED ON INCREASE IN THE is amended by striking ‘‘a wage which is not less
ities councils that support humanities organiza- MEDIAN HOURLY WAGE OF ALL EMPLOYEES.—Sec-
than $4.25 an hour.’’ and inserting the fol-
tions’ programming and general operating ex- tion 6 of the Fair Labor Standards Act of 1938 lowing: ‘‘a wage at a rate that is not less than—
penses to cover up to 100 percent of the costs of (29 U.S.C. 206) is amended by adding at the end ‘‘(A) for the 1-year period beginning on the ef-
the programs which the grants support, to pre- the following: fective date under section 2101(e) of the Amer-
vent, prepare for, respond to, and recover from ‘‘(h)(1) Not later than each date that is 90 ican Rescue Plan Act of 2021, $6.00 an hour;
the coronavirus. days before a new minimum wage determined ‘‘(B) for each succeeding 1-year period until
(2) Sixty percent shall be for direct grants, under subsection (a)(1)(F) is to take effect, the the hourly wage under this paragraph equals
and relevant administrative expenses, that sup- Secretary shall determine the minimum wage to the wage in effect under section 6(a)(1) for such
port humanities organizations’ programming be in effect under this subsection for each period period, an hourly wage equal to the amount de-
and general operating expenses to cover up to described in subsection (a)(1)(F). The wage de- termined under this paragraph for the preceding
100 percent of the costs of the programs which termined under this subsection for a year shall year, increased by the lesser of—
the grants support, to prevent, prepare for, re- be— ‘‘(i) $1.75; or
spond to, and recover from the coronavirus. ‘‘(A) not less than the amount in effect under ‘‘(ii) the amount necessary for the wage in ef-
subsection (a)(1) on the date of such determina- fect under this paragraph to equal the wage in
SEC. 2023. INSTITUTE OF MUSEUM AND LIBRARY
SERVICES.
tion; effect under section 6(a)(1) for such period,
‘‘(B) increased from such amount by the an- rounded up to the nearest multiple of $0.05; and
In addition to amounts otherwise available, nual percentage increase, if any, in the median ‘‘(C) for each succeeding 1-year period after
there is appropriated to the Institute of Museum hourly wage of all employees as determined by all increases are made pursuant to subpara-
and Library Services for fiscal year 2021, out of the Bureau of Labor Statistics; and graph (B), the minimum wage in effect under
any money in the Treasury not otherwise appro- ‘‘(C) rounded up to the nearest multiple of section 6(a)(1).’’.
priated, $200,000,000, to remain available until $0.05. (2) SCHEDULED REPEAL OF SEPARATE MINIMUM
expended, for necessary expenses to carry out ‘‘(2) In calculating the annual percentage in- WAGE FOR NEWLY HIRED EMPLOYEES WHO ARE
museum and library services. The Director of the crease in the median hourly wage of all employ- LESS THAN 20 YEARS OLD.—
Institute of Museum and Library Services shall ees for purposes of paragraph (1)(B), the Sec- (A) IN GENERAL.—Section 6(g)(1) of the Fair
award not less than 89 percent of such funds to retary, through the Bureau of Labor Statistics, Labor Standards Act of 1938 (29 U.S.C. 206(g)),
State library administrative agencies by apply- shall compile data on the hourly wages of all as amended by paragraph (1), shall be repealed.
ing the formula in section 221(b) of the Museum employees to determine such a median hourly (B) EFFECTIVE DATE.—The repeal made by
and Library Services Act, except that— wage and compare such median hourly wage for subparagraph (A) shall take effect on the date
(1) section 221(b)(3)(A) of such Act shall be the most recent year for which data are avail- that is 1 day after the date on which the hourly
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applied by substituting ‘‘$2,000,000’’ for able with the median hourly wage determined wage under subparagraph (C) of section 6(g)(1)
‘‘$680,000’’ and by substituting ‘‘$200,000’’ for for the preceding year.’’. of the Fair Labor Standards Act of 1938 (29
‘‘$60,000’’; and (b) TIPPED EMPLOYEES.— U.S.C. 206(g)(1)), as amended by paragraph (1),
(2) section 221(b)(3)(C) and subsections (b) (1) BASE MINIMUM WAGE FOR TIPPED EMPLOY- takes effect.
and (c) of section 223 of such Act shall not EES AND TIPS RETAINED BY EMPLOYEES.—Section (d) PROMOTING ECONOMIC SELF-SUFFICIENCY
apply to funds provided under this section. 3(m)(2)(A)(i) of the Fair Labor Standards Act of FOR INDIVIDUALS WITH DISABILITIES.—
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H781
(1) PROHIBITION ON NEW SPECIAL CERTIFI- (2) $12,500,000 shall be for the Office of Inspec- claim under section 12 or 13 of the Longshore
CATES.— tor General. and Harbor Workers’ Compensation Act (33
(A) IN GENERAL.—Section 14(c) of the Fair SEC. 2103. ELIGIBILITY FOR WORKERS’ COM- U.S.C. 912, 913), respectively, relating to such
Labor Standards Act of 1938 (29 U.S.C. 214(c)) is PENSATION BENEFITS FOR FEDERAL diagnosis or order shall be conclusively pre-
amended by adding at the end the following: EMPLOYEES DIAGNOSED WITH sumed to have an injury arising out of or in the
‘‘(6) PROHIBITION ON NEW SPECIAL CERTIFI- COVID–19. course of employment for the purpose of com-
CATES.—Notwithstanding paragraph (1), the (a) IN GENERAL.—Subject to subsection (c), a pensation under the Longshore and Harbor
Secretary shall not issue a special certificate covered employee shall, with respect to any Workers’ Compensation Act.
under this subsection to an employer that was claim made by or on behalf of the covered em- (2) COVERED EMPLOYEE.—In this section, the
not issued a special certificate under this sub- ployee for benefits under subchapter I of chap- term ‘‘covered employee’’ means an individual
section before the date of enactment of the ter 81 of title 5, United States Code, be deemed who, at any time during the period beginning
American Rescue Plan Act of 2021.’’. to have an injury proximately caused by expo- January 27, 2020, and ending on January 27,
(B) EFFECTIVE DATE.—The amendment made sure to the novel coronavirus arising out of the 2023—
by subparagraph (A) shall take effect on the nature of the covered employee’s employment. (A) is an employee; and
date of enactment of this Act. Such covered employee, or a beneficiary of such (B) is—
(2) TRANSITION TO FAIR WAGES FOR INDIVID- an employee, shall be entitled to such benefits (i) diagnosed with COVID–19; or
UALS WITH DISABILITIES.—Subparagraph (A) of for such claim, including disability compensa- (ii) ordered not to return to work by the em-
section 14(c)(1) of the Fair Labor Standards Act tion, medical services, and survivor benefits. ployee’s employer or by a local, State, or Fed-
of 1938 (29 U.S.C. 214(c)(1)) is amended to read (b) DEFINITIONS.—In this section, the fol- eral agency because of exposure, or the risk of
as follows: lowing: exposure, to 1 or more individuals diagnosed
‘‘(A) at a rate that equals or exceeds, for each (1) COVERED EMPLOYEE.— with COVID–19 in the workplace.
year, the greater of— (A) IN GENERAL.—The term ‘‘covered em- (3) LIMITATION.—This section shall not apply
‘‘(i)(I) $5.00 an hour, beginning on the effec- ployee’’ means an individual— with respect to a covered employee who—
tive date under section 2101(e) of the American (i) who is an employee under section 8101(1) of (A) provides notice or files a claim described
Rescue Plan Act of 2021; title 5, United States Code, employed in the Fed- in paragraph (1) on or before the date of the en-
‘‘(II) $7.50 an hour, beginning 1 year after eral service at anytime during the period begin- actment of this Act; and
such effective date; ning on January 27, 2020, and ending on Janu- (B) is determined to be entitled to the com-
‘‘(III) $10.00 an hour, beginning 2 years after ary 27, 2023; pensation described in paragraph (1) or award-
such effective date; (ii) who is diagnosed with COVID–19 during ed such compensation if such determination or
‘‘(IV) $12.50 an hour, beginning 3 years after such period; and award is made on or before such date.
such effective date; (iii) who, during a covered exposure period (4) DENIALS ON OR BEFORE THE DATE OF EN-
‘‘(V) $15.00 an hour, beginning 4 years after prior to such diagnosis, carries out duties that— ACTMENT.—Paragraph (1) shall apply with re-
such effective date; and (I) require contact with patients, members of spect to a covered employee who is determined
‘‘(VI) the wage rate in effect under section the public, or co-workers; or not to be entitled to, or who is not awarded,
6(a)(1), beginning 5 years after such effective (II) include a risk of exposure to the novel compensation described in paragraph (1) if such
date; or coronavirus. determination or decision not to award such
‘‘(ii) if applicable, the wage rate in effect on (B) TELEWORKING EXCEPTION.—The term compensation is made on or before the date of
the day before the date of enactment of the ‘‘covered employee’’ does not include any em- enactment of this Act.
American Rescue Plan Act of 2021 for the em- ployee otherwise covered by subparagraph (A) (5) EXCLUSION.— The Secretary shall not con-
ployment, under a special certificate issued who is exclusively teleworking during a covered sider any compensation paid with respect to a
under this paragraph, of the individual for exposure period, regardless of whether such em- notice or claim described in subsection (a), in-
whom the wage rate is being determined under ployment is full time or part time. cluding compensation for disability, death bene-
this subparagraph,’’. (2) COVERED EXPOSURE PERIOD.—The term fits, funeral and burial expenses, and medical
(3) SUNSET.—Section 14(c) of the Fair Labor ‘‘covered exposure period’’ means, with respect expenses, in calculating the annual assessments
Standards Act of 1938 (29 U.S.C. 214(c)) is fur- to a diagnosis of COVID–19, the period begin- under section 44(c)(2) of the Longshore and
ther amended by adding at the end the fol- ning on a date to be determined by the Secretary Harbor Workers’ Compensation Act (33 U.S.C.
lowing: of Labor. 944(c)(2)).
‘‘(7) SUNSET.—Beginning on the day after the (3) NOVEL CORONAVIRUS.—The term ‘‘novel (b) REIMBURSEMENT.—
date on which the wage rate described in para- coronavirus’’ means SARS–CoV–2 or another (1) IN GENERAL.—
graph (1)(A)(i)(VI) takes effect, the authority to coronavirus declared to be a pandemic by public (A) ENTITLEMENT.—Subject to subparagraph
issue special certificates under paragraph (1) health authorities. (B) and to the availability of appropriations
shall expire, and no special certificates issued (c) LIMITATION.— and limitation on payments under subsection
under paragraph (1) shall have any legal ef- (1) DETERMINATIONS MADE ON OR BEFORE THE (c), an employer of a covered employee or the
fect.’’. DATE OF ENACTMENT.—This section shall not employer’s carrier shall be entitled to reimburse-
(e) GENERAL EFFECTIVE DATE.—Except as oth- apply with respect to a covered employee who is ment for any compensation paid with respect to
erwise provided in this section, or the amend- determined to be entitled to benefits under sub- a notice or claim described in subsection (a), in-
ments made by this section, this section and the chapter I of chapter 81 of title 5, United States cluding disability benefits, funeral and burial
amendments made by this section shall take ef- Code, for a claim described in subsection (a) if expenses, medical or other related costs for
fect on the first day of the third month that be- such determination is made on or before the treatment and care, and reasonable and nec-
gins after the date of the enactment of this Act. date of enactment of this Act. essary allocated claims expenses.
SEC. 2102. FUNDING FOR DEPARTMENT OF LABOR (2) LIMITATION ON DURATION OF BENEFITS.— (B) SAFETY AND HEALTH REQUIREMENTS.—To
WORKER PROTECTION ACTIVITIES. No funds are authorized to be appropriated to be entitled to reimbursement under subpara-
(a) APPROPRIATION.—In addition to amounts pay, and no benefits may be paid for, claims ap- graph (A)—
otherwise made available, out of any funds in proved on the basis of subsection (a) after Sep- (i) an employer shall be in compliance with all
the Treasury not otherwise appropriated, there tember 30, 2030. No administrative costs related applicable safety and health guidelines and
are appropriated to the Secretary of Labor for to any such claim may be paid after such date. standards that are related to the prevention of
fiscal year 2021, $150,000,000, to remain available (d) EMPLOYEES’ COMPENSATION FUND.— occupational exposure to the novel coronavirus
until September 30, 2023, for the Wage and Hour (1) IN GENERAL.—The costs of benefits for that causes COVID–19, including such guide-
Division, the Office of Workers’ Compensation claims approved on the basis of subsection (a) lines and standards issued by the Occupational
Programs, the Office of the Solicitor, the Mine shall not be included in the annual statement of Safety and Health Administration, State plans
Safety and Health Administration, and the Oc- the cost of benefits and other payments of an approved under section 18 of the Occupational
cupational Safety and Health Administration to agency or instrumentality under section 8147(b) Safety and Health Act of 1970 (29 U.S.C. 667),
carry out COVID–19 related worker protection of title 5, United States Code. and the National Institute for Occupational
activities, and for the Office of Inspector Gen- (2) FAIR SHARE PROVISION.—Costs of adminis- Safety and Health; and
eral for oversight of the Secretary’s activities to tration for claims described in paragraph (1)— (ii) a carrier—
prevent, prepare for, and respond to COVID–19. (A) may be paid from the Employees’ Com- (I) shall be a carrier for an employer that is in
(b) ALLOCATION OF AMOUNTS.—Amounts ap- pensation Fund; and compliance with clause (i); and
propriated under subsection (a) shall be allo- (B) shall not be subject to the fair share provi- (II) shall not adjust the experience rating or
cated as follows: sion in section 8147(c) of title 5, United States the annual premium of the employer based upon
(1) Not less than $75,000,000 shall be for the Code. the compensation paid by the carrier with re-
Occupational Safety and Health Administra- SEC. 2104. COMPENSATION PURSUANT TO THE spect to a notice or claim described in subpara-
tion, of which $10,000,000 shall be for Susan LONGSHORE AND HARBOR WORK- graph (A).
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Harwood training grants and not less than ERS’ COMPENSATION ACT. (2) REIMBURSEMENT PROCEDURES.—
$5,000,000 shall be for enforcement activities re- (a) CLAIMS RELATED TO COVID–19.— (A) IN GENERAL.—Subject to subsection (c), to
lated to COVID–19 at high risk workplaces in- (1) IN GENERAL.—Subject to subsection (c), a receive reimbursement under paragraph (1)—
cluding health care, meat and poultry proc- covered employee who receives a diagnosis or is (i) a claim for such reimbursement shall be
essing facilities, agricultural workplaces and subject to an order described in paragraph submitted to the Secretary of Labor—
correctional facilities. (2)(B) and who provides notice of or files a (I) not earlier than—
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H782 CONGRESSIONAL RECORD — HOUSE February 26, 2021
(aa) the date on which a compensation order fiscal year 2021, out of any money in the Treas- (1) COVID–19 PUBLIC HEALTH EMERGENCY.—
(as described in section 19(e) of the Longshore ury not otherwise appropriated, $1,444,000,000, The term ‘‘COVID–19 public health emergency’’
and Harbor Workers’ Compensation Act (33 to remain available until expended, to carry out means the public health emergency declared by
U.S.C. 919(e))) is issued that fixes entitlement to the Older Americans Act of 1965. the Secretary of Health and Human Services
benefits; or (b) ALLOCATION OF AMOUNTS.—Amounts made under section 319 of the Public Health Service
(bb) the date on which— available by subsection (a) shall be available as Act (42 U.S.C. 247d) on January 31, 2020, with
(AA) a payment is made under such Act; follows: respect to COVID–19, including any renewal of
(BB) entitlement to benefits is established (1) $750,000,000 shall be available to carry out the declaration.
under such Act; and part C of title III of such Act. (2) ELIGIBLE CHILD CARE PROVIDER.—The term
(CC) the rate of compensation and period of (2) $25,000,000 shall be available to carry out ‘‘eligible child care provider’’ means an eligible
payment is relatively fixed and known; and title VI of such Act, including part C of such child care provider as defined in section 658P of
(II) not later than one year after the final title. the Child Care and Development Block Grant
payment of compensation to a covered employee (3) $470,000,000 shall be available to carry out Act of 1990 (42 U.S.C. 9858n) or a child care pro-
pursuant to this section; and part B of title III of such Act, including for— vider that is licensed, regulated, or registered in
(ii) an employer and the employer’s carrier (A) supportive services of the types made the State, territory, or Indian Tribe on the date
shall make, keep, and preserve such records, available for fiscal year 2020; of enactment of this Act and meets applicable
make such reports, and provide such informa- (B) efforts related to COVID–19 vaccination State and local health and safety requirements.
tion, as the Secretary of Labor determines nec- outreach, including education, communication, (b) GRANTS.—From the amounts appropriated
essary or appropriate to carry out this section. transportation, and other activities to facilitate to carry out this section and under the author-
(B) COMMUTATION OF COMPENSATION INSTALL- vaccination of older individuals; and ity of section 658O of the Child Care and Devel-
MENTS.—The Secretary may commute future (C) prevention and mitigation activities re- opment Block Grant Act of 1990 (42 U.S.C.
compensation installments with respect to a lated to COVID–19 focused on addressing ex- 9858m) and this section, the Secretary shall
claim under this section. tended social isolation among older individuals, award to each lead agency a child care sta-
(c) APPROPRIATIONS.— including activities for investments in techno- bilization grant, without regard to the require-
(1) IN GENERAL.—A reimbursement under sub- logical equipment and solutions or other strate- ments in subparagraphs (C) and (E) of section
section (b) shall be paid out of the Longshore gies aimed at alleviating negative health effects 658E(c)(3), and in section 658G, of the Child
COVID–19 Fund established in section 45 of the of social isolation due to long-term stay-at-home Care and Development Block Grant Act of 1990
Longshore and Harbor Workers’ Compensation recommendations for older individuals for the (42 U.S.C. 9858c(c)(3), 9858e). Such grant shall
Act (in this section, referred to as the duration of the COVID–19 public health emer- be allotted in accordance with section 658O of
‘‘Longshore COVID–19 Fund’’). gency;
(2) FUNDS.—In addition to amounts otherwise the Child Care and Development Block Grant
(4) $44,000,000 shall be available to carry out
available, there are authorized to be appro- Act of 1990 (42 U.S.C. 9858m).
part D of title III of such Act. (c) STATE RESERVATIONS AND SUBGRANTS.—
priated, and there are appropriated, out of any (5) $145,000,000 shall be available to carry out (1) RESERVATION.—A lead agency for a State
money in the Treasury not otherwise appro- part E of title III of such Act. that receives a child care stabilization grant
priated, such sums as may be necessary for the (6) $10,000,000 shall be available to carry out
pursuant to subsection (b) shall reserve not more
period beginning on the date of enactment of the long-term care ombudsman program under
than 10 percent of such grant funds to admin-
this Act and ending on September 30, 2030, to title VII of such Act.
ister subgrants, provide technical assistance and
the Longshore COVID–19 Fund for each reim- SEC. 2203.
CHILD CARE AND DEVELOPMENT
support for applying for and accessing the
bursement paid out of such Fund under sub- BLOCK GRANT PROGRAM.
subgrant opportunity, publicize the availability
section (b). (a) CHILD CARE AND DEVELOPMENT BLOCK
of the subgrants carry out activities to increase
(3) LIMITATION.—With respect to a notice or GRANT FUNDING.—In addition to amounts other-
claim for benefits approved on the basis of sub- the supply of child care, and provide technical
wise available, there is appropriated for fiscal
section (a), no payments may be made from the assistance to help child care providers imple-
year 2021, out of any amounts in the Treasury
Longshore COVID–19 Fund or the special fund ment policies as described in paragraph
not otherwise appropriated, $14,990,000,000, to
established under section 44 of the Longshore (2)(D)(i).
remain available through September 30, 2021, to
(2) SUBGRANTS TO QUALIFIED CHILD CARE PRO-
and Harbor Workers’ Compensation Act (33 carry out the program authorized under section VIDERS.—
U.S.C. 944) after September 30, 2030, for benefits, 658C of the Child Care and Development Block (A) IN GENERAL.—The lead agency shall use
reimbursements, or other expenditures relating Grant Act of 1990 (42 U.S.C. 9858a) without re- the remainder of the grant funds awarded pur-
to such claim. gard to requirements in sections 658E(c)(3)(E) or suant to subsection (b) to make subgrants to
(4) FINAL ACTION.—The action of the Sec- 658G of such Act (42 U.S.C. 9858c(c)(3), 9858e). qualified child care providers described in sub-
retary in allowing or denying any reimburse- Payments made to States, territories, Indian paragraph (B), regardless of such a provider’s
ment under subsection (b) shall be final and Tribes, and Tribal organizations from funds previous receipt of other Federal assistance, to
conclusive on all questions of law and fact. made available under this subsection shall be
(d) DEFINITIONS.—In this section: support the stability of the child care sector dur-
obligated in fiscal year 2021 or the succeeding 2 ing and after the COVID–19 public health emer-
(1) LHWCA TERMS.—The terms ‘‘carrier’’, fiscal years. States, territories, Indian Tribes,
‘‘compensation’’, ‘‘employee’’, and ‘‘employer’’ gency.
and Tribal organizations are authorized to use (B) QUALIFIED CHILD CARE PROVIDER.—To be
have the meanings given the terms in section 2 such funds to provide child care assistance to qualified to receive a subgrant under this para-
of the Longshore and Harbor Workers’ Com- health care sector employees, emergency re- graph, a provider shall be an eligible child care
pensation Act (33 U.S.C. 902). sponders, sanitation workers, and other workers
(2) NOVEL CORONAVIRUS.—The term ‘‘novel provider that on the date of submission of an
deemed essential during the response to application for the subgrant, was either—
coronavirus’’ means SARS–CoV–2 or any other coronavirus by public officials, without regard
coronavirus declared to be a pandemic by public (i) open and available to provide child care
to the income eligibility requirements of section services; or
health authorities. 658P(4) of the Child Care and Development
(e) LONGSHORE COVID–19 FUND.—The (ii) closed due to public health, financial
Block Grant Act (42 U.S.C. 9858n(4)). hardship, or other reasons relating to the
Longshore and Harbor Workers’ Compensation (b) CHILD CARE STABILIZATION FUNDING.—In
Act (33 U.S.C. 901) is amended by adding after COVID–19 public health emergency.
addition to amounts otherwise available, there (C) SUBGRANT AMOUNT.—The amount of such
section 44 the following: is appropriated for fiscal year 2021, out of any a subgrant to a qualified child care provider
‘‘SEC. 45. LONGSHORE COVID–19 FUND. amounts in the Treasury not otherwise appro- shall be based on the provider’s stated current
‘‘(a) IN GENERAL.—There is established in the priated, $23,975,000,000, to remain available operating expenses, including costs associated
United States Department of Labor the through September 30, 2021, for grants under with providing or preparing to provide child
Longshore COVID–19 Fund (in this section, re- section 2204 of this subtitle. Such grants shall be care services during the COVID–19 public health
ferred to as the ‘Fund’), which consists of sums allotted in accordance with section 658O of the emergency, and to the extent practicable, cover
that are appropriated to the Fund under section Child Care and Development Block Grant Act of sufficient operating expenses to ensure contin-
2104(c)(2) of the American Rescue Act of 2021. 1990 (42 U.S.C. 9858m), except that the require- uous operations for the intended period of the
‘‘(b) EXPENDITURES.—Amounts in the Fund ments in subparagraphs (C) and (E) of section subgrant.
shall be available for the reimbursement of an 658E(c)(3) and in section 658G of such Act (42 (D) APPLICATION.—The lead agency shall—
employer or the employer’s carrier for payment U.S.C. 9858c(c)(3), 9858e) shall not apply. (i) make available on the lead agency’s
of compensation, death benefits, and other bene- (c) ADMINISTRATIVE COSTS.—In addition to website an application for qualified child care
fits and expenses paid under this Act when re- amounts otherwise available, there is appro- providers that includes certifications that, for
imbursement is required under section 2104(b) of priated for fiscal year 2021, out of any amounts the duration of the subgrant—
the American Rescue Act of 2021, subject to any in the Treasury not otherwise appropriated, (I) the provider applying will, when open and
limitations in such section.’’. $35,000,000, to remain available through Sep- available to provide child care services, imple-
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Subtitle C—Human Services and Community tember 30, 2025, for the costs of providing tech- ment policies in line with guidance from the cor-
Supports nical assistance and conducting research and responding State, Tribal, and local authorities,
SEC. 2202. SUPPORTING OLDER AMERICANS AND for the administrative costs to carry out this sec- and in accordance with State, Tribal, and local
THEIR FAMILIES. tion and section 2204 of this subtitle. orders, and, to the greatest extent possible, im-
(a) APPROPRIATION.—In addition to amounts SEC. 2204. CHILD CARE STABILIZATION. plement policies in line with guidance from the
otherwise available, there is appropriated for (a) DEFINITIONS.—In this section: Centers for Disease Control and Prevention;
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H783
(II) for each employee, the provider will pay 10403) is amended by adding at the end the fol- and Human Services for fiscal year 2021, out of
not less than the full compensation, including lowing: any money in the Treasury not otherwise appro-
any benefits, that was provided to the employee ‘‘(d) ADDITIONAL FUNDING.—For the purposes priated, the following amounts, to remain avail-
as of the date of submission of the application of carrying out this title, in addition to amounts able through September 30, 2023:
for the subgrant (referred to in this subclause as otherwise made available for such purposes, (1) $250,000,000 for carrying out the program
‘‘full compensation’’), and will not take any ac- there are appropriated, out of any amounts in authorized under section 201 of the Child Abuse
tion that reduces the weekly amount of the em- the Treasury not otherwise appropriated, for fis- Prevention and Treatment Act (42 U.S.C. 5116),
ployee’s compensation below the weekly amount cal year 2021, to remain available until ex- which shall be allocated without regard to sec-
of full compensation, or that reduces the em- pended, each of the following: tion 204(4) of such Act (42 U.S.C. 5116d(4)) and
ployee’s rate of compensation below the rate of ‘‘(1) $180,000,000 to carry out sections 301 shall be allotted to States in accordance with
full compensation, including the involuntary through 312, to be allocated in the manner de- section 203 of such Act (42 U.S.C. 5116b), except
furloughing of any employee employed on the scribed in subsection (a)(2), except that a ref- that—
date of submission of the application for the erence in subsection (a)(2) to an amount appro- (A) in subsection (b)(1)(A) of such section 203,
subgrant; and priated under subsection (a)(1) shall be consid- ‘‘70 percent’’ shall be deemed to be ‘‘100 per-
(III) the provider will provide relief from co- ered to be a reference to an amount appro- cent’’; and
payments and tuition payments for the families priated under this paragraph, and that the (B) subsections (b)(1)(B) and (c) of such sec-
enrolled in the provider’s program, to the extent matching requirement under section 306(c)(4)
tion 203 shall not apply; and
possible, and prioritize such relief for families shall not apply.
‘‘(2) $18,000,000 to carry out section 309. (2) $100,000,000 for carrying out the State
struggling to make either type of payment; and grant program authorized under section 106 of
‘‘(3) $2,000,000 to carry out section 313, of
(ii) accept and process applications submitted the Child Abuse Prevention and Treatment Act
which $1,000,000 for each fiscal year shall be al-
under this subparagraph on a rolling basis, and (42 U.S.C. 5106a), which shall be allocated with-
located to support Indian communities.’’.
provide subgrant funds in advance of provider (b) COVID–19 PUBLIC HEALTH EMERGENCY out regard to section 112(a)(2) of such Act (42
expenditures, except as provided in subsection DEFINED.—In this section, the term ‘‘COVID–19 U.S.C. 5106h(a)(2)).
(d)(2). public health emergency’’ means the public SEC. 2210. CORPORATION FOR NATIONAL AND
(E) OBLIGATION.—The lead agency shall no- COMMUNITY SERVICE AND THE NA-
health emergency declared by the Secretary of
tify the Secretary if it is unable to obligate at TIONAL SERVICE TRUST.
Health and Human Services under section 319 of
least 50 percent of the funds received pursuant (a) CORPORATION FOR NATIONAL AND COMMU-
the Public Health Service Act (42 U.S.C. 247d)
to subsection (b) that are available for sub- NITY SERVICE.—In addition to amounts other-
on January 31, 2020, with respect to COVID–19,
grants described in this paragraph within 9 wise made available, there is appropriated for
including any renewal of the declaration.
months of the date of enactment of this Act. (c) GRANTS TO SUPPORT CULTURALLY SPECIFIC fiscal year 2021, out of any money in the Treas-
(d) USES OF FUNDS.— POPULATIONS.— ury not otherwise appropriated, to the Corpora-
(1) IN GENERAL.—A qualified child care pro- (1) IN GENERAL.—In addition to amounts oth- tion for National and Community Service,
vider that receives funds through such a erwise made available, there is appropriated, $852,000,000, to remain available through Sep-
subgrant shall use the funds for at least one of out of any amounts in the Treasury not other- tember 30, 2024, to carry out subsection (b)), ex-
the following: wise appropriated, to the Secretary of Health
(A) Personnel costs, including payroll and sal- cept that amounts to carry out subsection (b)(7)
and Human Services, $49,500,000 for fiscal year shall remain available until September 30, 2026.
aries or similar compensation for an employee
2021, to be available until expended, to carry out (b) ALLOCATION OF AMOUNTS.—Amounts pro-
(including any sole proprietor or independent
this subsection (excluding Federal administra- vided by subsection (a) shall be allocated as fol-
contractor), employee benefits, premium pay, or
tive costs, for which funds are appropriated lows:
costs for employee recruitment and retention.
under subsection (e)). (1) AMERICORPS STATE AND NATIONAL.—
(B) Rent (including rent under a lease agree-
(2) USE OF FUNDS.—From amounts appro- $620,000,000 shall be used—
ment) or payment on any mortgage obligation,
priated under paragraph (1), the Secretary act- (A) to increase the living allowances of par-
utilities, facility maintenance or improvements,
ing through the Director of the Family Violence ticipants in national service programs; and
or insurance.
Prevention and Services Program, shall— (B) to make funding adjustments to existing
(C) Personal protective equipment, cleaning (A) support culturally specific community-
and sanitization supplies and services, or train- (as of the date of enactment of this Act) awards
based organizations to provide culturally spe- and award new and additional awards to enti-
ing and professional development related to cific activities for survivors of sexual assault
health and safety practices. ties to support programs described in para-
and domestic violence, to address emergent graphs (1)(B), (2)(B), (3)(B), (4)(B), and (5)(B)
(D) Purchases of or updates to equipment and
needs resulting from the COVID–19 public of subsection (a), and subsection (b)(2), of sec-
supplies to respond to the COVID–19 public
health emergency and other public health con- tion 122 of the National and Community Service
health emergency.
(E) Goods and services necessary to maintain cerns; and Act of 1990 (42 U.S.C. 12572), whether or not the
(B) support culturally specific community-
or resume child care services. entities are already grant recipients under such
based organizations that provide culturally spe-
(F) Mental health supports for children and provisions on the date of enactment of this Act,
cific activities to promote strategic partnership
employees. and notwithstanding section 122(a)(1)(B)(vi) of
(2) REIMBURSEMENT.—The qualified child care development and collaboration in responding to
the National and Community Service Act of 1990
provider may use the subgrant funds to reim- the impact of COVID–19 and other public health
(42 U.S.C. 12572(a)(1)(B)(vi)), by—
burse the provider for sums obligated or ex- concerns on survivors of sexual assault and do-
(i) prioritizing entities serving communities
pended before the date of enactment of this Act mestic violence.
(d) GRANTS TO SUPPORT SURVIVORS OF SEXUAL disproportionately impacted by COVID–19 and
for the cost of a good or service described in utilizing culturally competent and multilingual
ASSAULT.—
paragraph (1) to respond to the COVID–19 pub- (1) IN GENERAL.—In addition to amounts oth- strategies in the provision of services; and
lic health emergency. erwise made available, there is appropriated, (ii) taking into account the diversity of com-
(e) SUPPLEMENT NOT SUPPLANT.—Amounts munities and participants served by such enti-
out of any amounts in the Treasury not other-
made available to carry out this section shall be ties, including racial, ethnic, socioeconomic, lin-
wise appropriated, to the Secretary of Health
used to supplement and not supplant other Fed- guistic, or geographic diversity.
and Human Services, $198,000,000 for fiscal year
eral, State, and local public funds expended to (2) STATE COMMISSIONS.—$20,000,000 shall be
2021, to be available until expended, to carry out
provide child care services for eligible individ- used to make adjustments to existing (as of the
this subsection (excluding Federal administra-
uals. date of enactment of this Act) awards and new
tive costs, for which funds are appropriated
SEC. 2205. HEAD START. and additional awards, including awards to
under subsection (e)).
In addition to amounts otherwise available, (2) USE OF FUNDS.—From amounts appro- State Commissions on National and Community
there is appropriated for fiscal year 2021, out of priated under paragraph (1), the Secretary act- Service, under section 126(a) of the National
any amounts in the Treasury not otherwise ap- ing through the Director of the Family Violence and Community Service Act of 1990 (42 U.S.C.
propriated, $1,000,000,000, to remain available Prevention and Services Program, shall assist 12576(a)).
through September 30, 2022, to carry out the rape crisis centers in transitioning to virtual (3) VOLUNTEER GENERATION FUND.—$20,000,000
Head Start Act, including for Federal adminis- services and meeting the emergency needs of shall be used for expenses authorized under sec-
trative expenses. After reserving funds for Fed- survivors. tion 501(a)(4)(F) of the National and Community
eral administrative expenses, the Secretary shall (e) ADMINISTRATIVE COSTS.—In addition to Service Act of 1990 (42 U.S.C. 12681(a)(4)(F)),
allocate all remaining amounts to Head Start amounts otherwise made available, there is ap- which, notwithstanding section 198P(d)(1)(B) of
agencies for one-time grants, and shall allocate propriated to the Secretary of Health and that Act (42 U.S.C. 12653p(d)(1)(B)), shall be for
to each Head Start agency an amount that Human Services, out of any amounts in the grants awarded by the Corporation for National
bears the same ratio to the portion available for Treasury not otherwise appropriated, $2,500,000 and Community Service on a competitive basis.
allocations as the number of enrolled children for fiscal year 2021, to remain available until ex- (4) AMERICORPS VISTA.—$80,000,000 shall be
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served by the Head Start agency bears to the pended, for the Federal administrative costs of used for the purposes described in section 101 of
number of enrolled children served by all Head carrying out subsections (c) and (d). the Domestic Volunteer Service Act of 1973 (42
Start agencies. SEC. 2207. CHILD ABUSE PREVENTION AND U.S.C. 4951), including to increase the living al-
SEC. 2206. PROGRAMS FOR SURVIVORS. TREATMENT. lowances of volunteers, described in section
(a) IN GENERAL.—Section 303 of the Family In addition to amounts otherwise available, 105(b) of the Domestic Volunteer Service Act of
Violence Prevention and Services Act (42 U.S.C. there is appropriated to the Secretary of Health 1973 (42 U.S.C. 4955(b)).
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H784 CONGRESSIONAL RECORD — HOUSE February 26, 2021
(5) NATIONAL SENIOR SERVICE CORPS.— (2) USE OF INCREASED AMOUNT.—A State agen- (B) by inserting ‘‘or in a covered summer pe-
$30,000,000 shall be used for the purposes de- cy that makes a notification to the Secretary riod following a school session’’ after ‘‘in ses-
scribed in section 200 of the Domestic Volunteer under paragraph (1) shall use the increased sion’’;
Service Act of 1973 (42 U.S.C. 5000). amount described in that paragraph— (2) in subsection (g), by striking ‘‘During fis-
(6) ADMINISTRATIVE COSTS.—$73,000,000 shall (A) during the applicable period described in cal year 2020, the’’ and inserting ‘‘The’’;
be used for the Corporation for National and that notification; and (3) in subsection (h)(1)—
Community Service for administrative expenses (B) only during a single applicable period. (A) by inserting ‘‘either’’ after ‘‘at least 1
to carry out programs and activities funded by (d) SUNSET.—The authority of the Secretary child enrolled in such a covered child care facil-
subsection (a). under subsection (b), and the authority of a ity and’’; and
(7) OFFICE OF INSPECTOR GENERAL.—$9,000,000 State agency to increase the amount of a cash- (B) by inserting ‘‘or a Department of Agri-
shall be used for the Office of Inspector General value voucher under subsection (c), shall termi- culture grant-funded nutrition assistance pro-
of the Corporation for National and Community nate on September 30, 2021. gram in the Commonwealth of the Northern
Service for salaries and expenses necessary for (e) FUNDING.—In addition to amounts other- Mariana Islands, Puerto Rico, or American
oversight and audit of programs and activities wise made available, there is appropriated to the Samoa’’ before ‘‘shall be eligible to receive as-
funded by subsection (a). Secretary, out of funds in the Treasury not oth- sistance’’;
(c) NATIONAL SERVICE TRUST.—In addition to erwise appropriated, $490,000,000 to carry out (4) by redesignating subsections (i) and (j) as
amounts otherwise made available, there is ap- this section, to remain available until September subsections (j) and (k), respectively;
propriated for fiscal year 2021, out of any money 30, 2022. (5) by inserting after subsection (h) the fol-
in the Treasury not otherwise appropriated, SEC. 2302. WIC PROGRAM MODERNIZATION.
lowing:
$148,000,000, to remain available until expended, ‘‘(i) EMERGENCIES DURING SUMMER.—The Sec-
In addition to amounts otherwise available, retary of Agriculture may permit a State agency
for administration of the National Service Trust,
there are appropriated to the Secretary of Agri- to extend a State agency plan approved under
and for payment to the Trust for the provision
culture, out of amounts in the Treasury not oth- subsection (b) for not more than 90 days for the
of educational awards pursuant to section
erwise appropriated, $390,000,000 for fiscal year purpose of operating the plan during a covered
145(a)(1)(A) of the National and Community
2021, to remain available until September 30, summer period, during which time schools par-
Service Act of 1990 (42 U.S.C. 12601(a)(1)(A)).
2024, to carry out outreach, innovation, and ticipating in the school lunch program under
Subtitle D—Child Nutrition & Related program modernization efforts, including appro-
Programs the Richard B. Russell National School Lunch
priate waivers and flexibility, to increase par- Act or the school breakfast program under sec-
SEC. 2301. IMPROVEMENTS TO WIC BENEFITS. ticipation in and redemption of benefits under tion 4 of the Child Nutrition Act of 1966 (42
(a) DEFINITIONS.—In this section: programs established under section 17 of the
(1) APPLICABLE PERIOD.—The term ‘‘applica- U.S.C. 1773 ) and covered child care facilities
Child Nutrition Act of 1966 (7 U.S.C. 1431), ex- shall be deemed closed for purposes of this sec-
ble period’’ means a period— cept that such waivers may not relate to the
(A) beginning after the date of enactment of tion.’’;
content of the WIC Food Packages (as defined (6) in subsection (j) (as so redesignated)—
this Act, as selected by a State agency; and in section 246.10(e) of title 7, Code of Federal
(B) ending not later than the earlier of— (A) by redesignating paragraphs (2) through
Regulations (as in effect on the date of enact- (6) as paragraphs (3) through (7), respectively;
(i) 4 months after the date described in sub-
ment of this Act)), or the nondiscrimination re- (B) by inserting after paragraph (1) the fol-
paragraph (A); or
(ii) September 30, 2021. quirements under section 246.8 of title 7, Code of lowing:
(2) CASH-VALUE VOUCHER.—The term ‘‘cash- Federal Regulations (as in effect on the date of ‘‘(2) COVERED SUMMER PERIOD.—The term
value voucher’’ has the meaning given the term enactment of this Act). ‘covered summer period’ means a summer period
in section 246.2 of title 7, Code of Federal Regu- SEC. 2303.
MEALS AND SUPPLEMENTS REIM- that follows a school year during which there
lations (as in effect on the date of the enactment BURSEMENTS FOR INDIVIDUALS was a public health emergency designation.’’;
WHO HAVE NOT ATTAINED THE AGE and
of this Act).
OF 25. (C) in paragraph (5) (as so redesignated), by
(3) PROGRAM.—The term ‘‘program’’ means
the special supplemental nutrition program for (a) PROGRAM FOR AT-RISK SCHOOL CHIL- striking ‘‘or another coronavirus with pandemic
women, infants, and children established by sec- DREN.—Beginning on the date of enactment of potential’’; and
tion 17 of the Child Nutrition Act of 1966 (42 this section, notwithstanding paragraph (1)(A) (7) in subsection (k) (as so redesignated), by
U.S.C. 1786). of section 17(r) of the Richard B. Russell Na- inserting ‘‘Federal agencies,’’ before ‘‘State
(4) QUALIFIED FOOD PACKAGE.—The term tional School Lunch Act (42 U.S.C. 1766(r)), agencies’’.
‘‘qualified food package’’ means each of the fol- during the COVID–19 public health emergency Subtitle E—COBRA Continuation Coverage
lowing food packages (as defined in section declared under section 319 of the Public Health
SEC. 2401. PRESERVING HEALTH BENEFITS FOR
246.10(e) of title 7, Code of Federal Regulations Service Act (42 U.S.C. 247d), the Secretary shall WORKERS.
(as in effect on the date of the enactment of this reimburse institutions that are emergency shel-
(a) PREMIUM ASSISTANCE FOR COBRA CON-
Act)): ters under such section 17(r) (42 U.S.C. 1766(r))
TINUATION COVERAGE FOR INDIVIDUALS AND
(A) Food Package IV–Children 1 through 4 for meals and supplements served to individuals
THEIR FAMILIES.—
years. who, at the time of such service— (1) PROVISION OF PREMIUM ASSISTANCE.—
(B) Food Package V–Pregnant and partially (1) have not attained the age of 25; and (A) REDUCTION OF PREMIUMS PAYABLE.—In
(mostly) breastfeeding women. (2) are receiving assistance, including non-res- the case of any premium for a period of coverage
(C) Food Package VI–Postpartum women. idential assistance, from such emergency shel- during the period beginning on the first day of
(D) Food Package VII–Fully breastfeeding. ter.
(5) SECRETARY.—The term ‘‘Secretary’’ means the first month beginning after the date of the
(b) PARTICIPATION BY EMERGENCY SHEL- enactment of this Act, and ending on September
the Secretary of Agriculture. TERS.—Beginning on the date of enactment of
(6) STATE AGENCY.—The term ‘‘State agency’’ 30, 2021, for COBRA continuation coverage with
this section, notwithstanding paragraph (5)(A) respect to any assistance eligible individual de-
has the meaning given the term in section 17(b) of section 17(t) of the Richard B. Russell Na-
of the Child Nutrition Act of 1966 (42 U.S.C. scribed in paragraph (3), such individual shall
tional School Lunch Act (42 U.S.C. 1766(t)), dur- be treated for purposes of any COBRA continu-
1786(b)). ing the COVID–19 public health emergency de-
(b) AUTHORITY TO INCREASE AMOUNT OF CASH- ation provision as having paid the amount of
clared under section 319 of the Public Health such premium if such individual pays (or any
VALUE VOUCHER.—During the public health
Service Act (42 U.S.C. 247d), the Secretary shall person other than such individual’s employer
emergency declared by the Secretary of Health reimburse emergency shelters under such section
and Human Services under section 319 of the pays on behalf of such individual) 15 percent of
17(t) (42 U.S.C. 1766(t)) for meals and supple- the amount of such premium.
Public Health Service Act (42 U.S.C. 247d) on ments served to individuals who, at the time of
January 31, 2020, with respect to the (B) PLAN ENROLLMENT OPTION.—
such service have not attained the age of 25. (i) IN GENERAL.—Notwithstanding the COBRA
Coronavirus Disease 2019 (COVID–19), and in (c) DEFINITIONS.—In this section:
response to challenges relating to that public continuation provisions, any assistance eligible
(1) EMERGENCY SHELTER.—The term ‘‘emer- individual who is enrolled in a group health
health emergency, the Secretary may, in car- gency shelter’’ has the meaning given the term
rying out the program, increase the amount of a plan offered by a plan sponsor may, not later
under section 17(t)(1) of the Richard B. Russell than 90 days after the date of notice of the plan
cash-value voucher under a qualified food pack- National School Lunch Act (42 U.S.C.
age to an amount that is less than or equal to enrollment option described in this subpara-
1766(t)(1)). graph, elect to enroll in coverage under a plan
$35. (2) SECRETARY.—The term ‘‘Secretary’’ means
(c) APPLICATION OF INCREASED AMOUNT OF offered by such plan sponsor that is different
the Secretary of Agriculture. than coverage under the plan in which such in-
CASH-VALUE VOUCHER TO STATE AGENCIES.—
(1) NOTIFICATION.—An increase to the amount SEC. 2304. PANDEMIC EBT PROGRAM. dividual was enrolled at the time, in the case of
of a cash-value voucher under subsection (b) Section 1101 of the Families First Coronavirus any assistance eligible individual described in
shall apply to any State agency that notifies the Response Act (7 U.S.C. 2011 note; Public Law paragraph (3), the qualifying event specified in
dlhill on DSK120RN23PROD with House
Secretary of— 116–127) is amended— section 603(2) of the Employee Retirement In-
(A) the intent to use that increased amount, (1) in subsection (a)— come Security Act of 1974, section 4980B(f)(3)(B)
without further application; and (A) by striking ‘‘During fiscal years 2020 and of the Internal Revenue Code of 1986, or section
(B) the applicable period selected by the State 2021’’ and inserting ‘‘In any school year in 2203(2) of the Public Health Service Act, except
agency during which that increased amount which there is a public health emergency des- for the voluntary termination of such individ-
shall apply. ignation’’; and ual’s employment by such individual, occurred,
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H785
and such coverage shall be treated as COBRA for the voluntary termination of such individ- 300bb–6(4)), with respect to individuals who,
continuation coverage for purposes of the appli- ual’s employment by such individual; and during the period described in paragraph (3),
cable COBRA continuation coverage provision. (B) elects such coverage. become entitled to elect COBRA continuation
(ii) REQUIREMENTS.—Any assistance eligible (4) EXTENSION OF ELECTION PERIOD AND EF- coverage, the requirements of such provisions
individual may elect to enroll in different cov- FECT ON COVERAGE.— shall not be treated as met unless such notices
erage as described in clause (i) only if— (A) IN GENERAL.—For purposes of applying include an additional written notification to the
(I) the employer involved has made a deter- section 605(a) of the Employee Retirement In- recipient in clear and understandable language
mination that such employer will permit such come Security Act of 1974, section 4980B(f)(5)(A) of—
assistance eligible individual to enroll in dif- of the Internal Revenue Code of 1986, and sec- (I) the availability of premium assistance with
ferent coverage as provided under this subpara- tion 2205(a) of the Public Health Service Act, in respect to such coverage under this subsection;
graph; the case of— and
(II) the premium for such different coverage (i) an individual who does not have an elec- (II) the option to enroll in different coverage
does not exceed the premium for coverage in tion of COBRA continuation coverage in effect if the employer permits assistance eligible indi-
which such individual was enrolled at the time on the first day of the first month beginning viduals described in paragraph (3) to elect en-
such qualifying event occurred; after the date of the enactment of this Act but rollment in different coverage (as described in
(III) the different coverage in which the indi- who would be an assistance eligible individual paragraph (1)(B)).
vidual elects to enroll is coverage that is also of- described in paragraph (3) if such election were (ii) ALTERNATIVE NOTICE.—In the case of
fered to similarly situated active employees of so in effect; or COBRA continuation coverage to which the no-
the employer at the time at which such election (ii) an individual who elected COBRA con- tice provision under such sections does not
is made; and tinuation coverage and discontinued from such apply, the Secretary of Labor, in consultation
(IV) the different coverage in which the indi- coverage before the first day of the first month with the Secretary of the Treasury and the Sec-
vidual elects to enroll is not— beginning after the date of the enactment of this retary of Health and Human Services, shall, in
(aa) coverage that provides only excepted ben- Act, consultation with administrators of the group
efits as defined in section 9832(c) of the Internal such individual may elect the COBRA continu- health plans (or other entities) that provide or
Revenue Code of 1986, section 733(c) of the Em- ation coverage under the COBRA continuation administer the COBRA continuation coverage
ployee Retirement Income Security Act of 1974, coverage provisions containing such provisions involved, provide rules requiring the provision
and section 2791(c) of the Public Health Service during the period beginning on the first day of of such notice.
Act; the first month beginning after the date of the (iii) FORM.—The requirement of the additional
(bb) a qualified small employer health reim- enactment of this Act and ending 60 days after notification under this subparagraph may be
bursement arrangement (as defined in section the date on which the notification required met by amendment of existing notice forms or by
9831(d)(2) of the Internal Revenue Code of 1986); under paragraph (6)(C) is provided to such indi- inclusion of a separate document with the no-
or vidual. tice otherwise required.
(cc) a flexible spending arrangement (as de- (B) COMMENCEMENT OF COBRA CONTINUATION (B) SPECIFIC REQUIREMENTS.—Each additional
fined in section 106(c)(2) of the Internal Rev- COVERAGE.—Any COBRA continuation coverage notification under subparagraph (A) shall in-
enue Code of 1986). elected by a qualified beneficiary during an ex- clude—
(2) LIMITATION OF PERIOD OF PREMIUM ASSIST- tended election period under subparagraph (i) the forms necessary for establishing eligi-
ANCE.— (A)— bility for premium assistance under this sub-
(A) ELIGIBILITY FOR ADDITIONAL COVERAGE.— (i) shall commence (including for purposes of section;
(ii) the name, address, and telephone number
Paragraph (1)(A) shall not apply with respect to applying the treatment of premium payments
necessary to contact the plan administrator and
any assistance eligible individual described in under paragraph (1)(A) and any cost-sharing
any other person maintaining relevant informa-
paragraph (3) for months of coverage beginning requirements for items and services under a
tion in connection with such premium assist-
on or after the earlier of— group health plan) with the first period of cov-
(i) the first date that such individual is eligi- ance;
erage beginning on or after the first day of the
(iii) a description of the extended election pe-
ble for coverage under any other group health first month beginning after the date of the en-
riod provided for in paragraph (4)(A);
plan (other than coverage consisting of only ex- actment of this Act, and (iv) a description of the obligation of the
cepted benefits (as defined in section 9832(c) of (ii) shall not extend beyond the period of qualified beneficiary under paragraph (2)(B)
the Internal Revenue Code of 1986, section COBRA continuation coverage that would have and the penalty provided under section 6720C of
733(c) of the Employee Retirement Income Secu- been required under the applicable COBRA con- the Internal Revenue Code of 1986 for failure to
rity Act of 1974, and section 2791(c) of the Public tinuation coverage provision if the coverage had carry out the obligation;
Health Service Act), coverage under a flexible been elected as required under such provision. (v) a description, displayed in a prominent
spending arrangement (as defined in section (5) EXPEDITED REVIEW OF DENIALS OF PRE- manner, of the qualified beneficiary’s right to a
106(c)(2) of the Internal Revenue Code of 1986), MIUM ASSISTANCE.—In any case in which an in- reduced premium and any conditions on entitle-
coverage under a qualified small employer dividual requests treatment as an assistance eli- ment to the reduced premium; and
health reimbursement arrangement (as defined gible individual described in paragraph (3) and (vi) a description of the option of the qualified
in section 9831(d)(2) of the Internal Revenue is denied such treatment by the group health beneficiary to enroll in different coverage if the
Code of 1986)), or eligible for benefits under the plan, the Secretary of Labor (or the Secretary of employer permits such beneficiary to elect to en-
Medicare program under title XVIII of the So- Health and Human Services in connection with roll in such different coverage under paragraph
cial Security Act; or COBRA continuation coverage which is pro- (1)(B).
(ii) the earlier of— vided other than pursuant to part 6 of subtitle (C) NOTICE IN CONNECTION WITH EXTENDED
(I) the date following the expiration of the B of title I of the Employee Retirement Income ELECTION PERIODS.—In the case of any assist-
maximum period of continuation coverage re- Security Act of 1974), in consultation with the ance eligible individual described in paragraph
quired under the applicable COBRA continu- Secretary of the Treasury, shall provide for ex- (3) (or any individual described in paragraph
ation coverage provision; or pedited review of such denial. An individual (4)(A)) who became entitled to elect COBRA
(II) the date following the expiration of the shall be entitled to such review upon applica- continuation coverage before the first day of the
period of continuation coverage allowed under tion to such Secretary in such form and manner first month beginning after the date of the en-
paragraph (4)(B)(ii). as shall be provided by such Secretary, in con- actment of this Act, the administrator of the ap-
(B) NOTIFICATION REQUIREMENT.—Any assist- sultation with the Secretary of the Treasury. plicable group health plan (or other entity)
ance eligible individual shall notify the group Such Secretary shall make a determination re- shall provide (within 60 days after such first
health plan with respect to which paragraph garding such individual’s eligibility within 15 day of such first month) for the additional noti-
(1)(A) applies if such paragraph ceases to apply business days after receipt of such individual’s fication required to be provided under subpara-
by reason of clause (i) of subparagraph (A). application for review under this paragraph. graph (A) and failure to provide such notice
Such notice shall be provided to the group Such Secretary’s determination upon review of shall be treated as a failure to meet the notice
health plan in such time and manner as may be the denial shall be de novo and shall be the requirements under the applicable COBRA con-
specified by the Secretary of Labor. final determination of such Secretary. The pro- tinuation provision.
(3) ASSISTANCE ELIGIBLE INDIVIDUAL.—For visions of this paragraph, paragraphs (1) (D) MODEL NOTICES.—Not later than 30 days
purposes of this section, the term ‘‘assistance el- through (4), and paragraphs (6) through (7) after the date of enactment of this Act, with re-
igible individual’’ means, with respect to a pe- shall be treated as provisions of title I of the spect to any assistance eligible individual de-
riod of coverage during the period beginning on Employee Retirement Income Security Act of scribed in paragraph (3), the Secretary of Labor,
the first day of the first month beginning after 1974 for purposes of part 5 of subtitle B of such in consultation with the Secretary of the Treas-
the date of the enactment of this Act, and end- title. ury and the Secretary of Health and Human
ing on September 30, 2021, any individual that is (6) NOTICES TO INDIVIDUALS.— Services, shall prescribe models for the addi-
a qualified beneficiary who— (A) GENERAL NOTICE.— tional notification required under this para-
dlhill on DSK120RN23PROD with House
(A) is eligible for COBRA continuation cov- (i) IN GENERAL.—In the case of notices pro- graph.
erage by reason of a qualifying event specified vided under section 606(a)(4) of the Employee (7) NOTICE OF EXPIRATION OF PERIOD OF PRE-
in section 603(2) of the Employee Retirement In- Retirement Income Security Act of 1974 (29 MIUM ASSISTANCE.—
come Security Act of 1974, section 4980B(f)(3)(B) U.S.C. 1166(4)), section 4980B(f)(6)(D) of the In- (A) IN GENERAL.—With respect to any assist-
of the Internal Revenue Code of 1986, or section ternal Revenue Code of 1986, or section 2206(4) ance eligible individual, subject to subpara-
2203(2) of the Public Health Service Act, except of the Public Health Service Act (42 U.S.C. graph (B), the requirements of section 606(a)(4)
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H786 CONGRESSIONAL RECORD — HOUSE February 26, 2021
of the Employee Retirement Income Security Act (B) COBRA CONTINUATION COVERAGE.—The ‘‘(i) the Internal Revenue Code of 1986,
of 1974 (29 U.S.C. 1166(4)), section 4980B(f)(6)(D) term ‘‘COBRA continuation coverage’’ means ‘‘(ii) the Employee Retirement Income Security
of the Internal Revenue Code of 1986, or section continuation coverage provided pursuant to Act of 1974, or
2206(4) of the Public Health Service Act (42 part 6 of subtitle B of title I of the Employee Re- ‘‘(iii) the Public Health Service Act, or
U.S.C. 300bb–6(4)), shall not be treated as met tirement Income Security Act of 1974 (other than ‘‘(B) under which some or all of the coverage
unless the plan administrator of the individual, under section 609), title XXII of the Public is not provided by insurance,
during the period specified under subparagraph Health Service Act, or section 4980B of the In- the employer maintaining the plan, and
(C), provides to such individual a written notice ternal Revenue Code of 1986 (other than sub- ‘‘(3) in the case of any group health plan not
in clear and understandable language— section (f)(1) of such section insofar as it relates described in paragraph (1) or (2), the insurer
(i) that the premium assistance for such indi- to pediatric vaccines), or under a State program providing the coverage under the group health
vidual will expire soon and the prominent iden- that provides comparable continuation coverage. plan.
tification of the date of such expiration; and Such term does not include coverage under a ‘‘(c) LIMITATIONS AND REFUNDABILITY.—
(ii) that such individual may be eligible for health flexible spending arrangement under a ‘‘(1) CREDIT LIMITED TO CERTAIN EMPLOYMENT
coverage without any premium assistance cafeteria plan within the meaning of section 125 TAXES.—The credit allowed by subsection (a)
through— of the Internal Revenue Code of 1986. with respect to any calendar quarter shall not
(I) COBRA continuation coverage; or (C) COBRA CONTINUATION PROVISION.—The exceed the tax imposed by section 3111(b), or so
(II) coverage under a group health plan. term ‘‘COBRA continuation provision’’ means much of the taxes imposed under section 3221(a)
(B) EXCEPTION.—The requirement for the the provisions of law described in subparagraph as are attributable to the rate in effect under
group health plan administrator to provide the (B). section 3111(b), for such calendar quarter (re-
written notice under subparagraph (A) shall be (D) COVERED EMPLOYEE.—The term ‘‘covered duced by any credits allowed against such taxes
waived if the premium assistance for such indi- employee’’ has the meaning given such term in under sections 3131, 3132, and 3134) on the
vidual expires pursuant to clause (i) of para- section 607(2) of the Employee Retirement In- wages paid with respect to the employment of
graph (2)(A). come Security Act of 1974. all employees of the employer.
(C) PERIOD SPECIFIED.—For purposes of sub- (E) QUALIFIED BENEFICIARY.—The term ‘‘(2) REFUNDABILITY OF EXCESS CREDIT.—
paragraph (A), the period specified in this sub- ‘‘qualified beneficiary’’ has the meaning given ‘‘(A) CREDIT IS REFUNDABLE.—If the amount
paragraph is, with respect to the date of expira- such term in section 607(3) of the Employee Re- of the credit under subsection (a) exceeds the
tion of premium assistance for any assistance el- tirement Income Security Act of 1974. limitation of paragraph (1) for any calendar
igible individual pursuant to a limitation requir- (F) GROUP HEALTH PLAN.—The term ‘‘group quarter, such excess shall be treated as an over-
ing a notice under this paragraph, the period health plan’’ has the meaning given such term payment that shall be refunded under sections
beginning on the day that is 45 days before the in section 607(1) of the Employee Retirement In- 6402(a) and 6413(b).
date of such expiration and ending on the day come Security Act of 1974. ‘‘(B) CREDIT MAY BE ADVANCED.—In anticipa-
that is 15 days before the date of such expira- (G) STATE.—The term ‘‘State’’ includes the tion of the credit, including the refundable por-
tion. District of Columbia, the Commonwealth of tion under subparagraph (A), the credit may be
(D) MODEL NOTICES.—Not later than 45 days Puerto Rico, the Virgin Islands, Guam, Amer- advanced, according to forms and instructions
after the date of enactment of this Act, with re- ican Samoa, and the Commonwealth of the provided by the Secretary, up to an amount cal-
spect to any assistance eligible individual, the Northern Mariana Islands. culated under subsection (a) through the end of
Secretary of Labor, in consultation with the (H) PERIOD OF COVERAGE.—Any reference in the most recent payroll period in the quarter.
Secretary of the Treasury and the Secretary of this subsection to a period of coverage shall be ‘‘(C) TREATMENT OF DEPOSITS.—The Secretary
Health and Human Services, shall prescribe treated as a reference to a monthly or shorter shall waive any penalty under section 6656 for
models for the notification required under this period of coverage with respect to which pre- any failure to make a deposit of the tax imposed
paragraph. miums are charged with respect to such cov- by section 3111(b), or so much of the taxes im-
(8) REGULATIONS.—The Secretary of the erage. posed under section 3221(a) as are attributable
Treasury and the Secretary of Labor may joint- (I) PLAN SPONSOR.—The term ‘‘plan sponsor’’ to the rate in effect under section 3111(b), if the
ly prescribe such regulations or other guidance has the meaning given such term in section Secretary determines that such failure was due
as may be necessary or appropriate to carry out 3(16)(B) of the Employee Retirement Income Se- to the anticipation of the credit allowed under
the provisions of this subsection, including the curity Act of 1974. this section.
prevention of fraud and abuse under this sub- (J) PREMIUM.—The term ‘‘premium’’ includes, ‘‘(D) TREATMENT OF PAYMENTS.—For purposes
section, except that the Secretary of Labor and with respect to COBRA continuation coverage, of section 1324 of title 31, United States Code,
the Secretary of Health and Human Services any administrative fee. any amounts due to an employer under this
(11) IMPLEMENTATION FUNDING.—In addition paragraph shall be treated in the same manner
may prescribe such regulations (including in-
to amounts otherwise made available, out of any as a refund due from a credit provision referred
terim final regulations) or other guidance as
funds in the Treasury not otherwise appro- to in subsection (b)(2) of such section.
may be necessary or appropriate to carry out
priated, there are appropriated to the Secretary ‘‘(3) OVERSTATEMENTS.—Any overstatement of
the provisions of paragraphs (5), (6), (7), and
of Labor for fiscal year 2021, $10,000,000, to re- the credit to which a person is entitled under
(9).
(9) OUTREACH.— main available until expended, for the Employee this section (and any amount paid by the Sec-
(A) IN GENERAL.—The Secretary of Labor, in Benefits Security Administration to carry out retary as a result of such overstatement) shall
consultation with the Secretary of the Treasury the provisions of this subtitle. be treated as an underpayment by such person
(b) COBRA PREMIUM ASSISTANCE.— of the taxes described in paragraph (1) and may
and the Secretary of Health and Human Serv- (1) ALLOWANCE OF CREDIT.—
ices, shall provide outreach consisting of public (A) IN GENERAL.—Subchapter B of chapter 65 be assessed and collected by the Secretary in the
education and enrollment assistance relating to of the Internal Revenue Code of 1986 is amended same manner as such taxes.
premium assistance provided under this sub- by adding at the end the following new section: ‘‘(d) GOVERNMENTAL ENTITIES.—For purposes
section. Such outreach shall target employers, ‘‘SEC. 6432. CONTINUATION COVERAGE PREMIUM
of this section, the term ‘person’ includes the
group health plan administrators, public assist- ASSISTANCE. government of any State or political subdivision
ance programs, States, insurers, and other enti- ‘‘(a) IN GENERAL.—The person to whom pre- thereof, any Indian tribal government (as de-
ties as determined appropriate by such Secre- miums are payable for continuation coverage fined in section 139E(c)(1)), any agency or in-
taries. Such outreach shall include an initial under section 2401(a)(1) of the American Rescue strumentality of any of the foregoing, and any
focus on those individuals electing continuation Plan Act of 2021 shall be allowed as a credit agency or instrumentality of the Government of
coverage who are referred to in paragraph against the tax imposed by section 3111(b), or so the United States that is described in section
(6)(C). Information on such premium assistance, much of the taxes imposed under section 3221(a) 501(c)(1) and exempt from taxation under sec-
including enrollment, shall also be made avail- as are attributable to the rate in effect under tion 501(a).
able on websites of the Departments of Labor, section 3111(b), for each calendar quarter an ‘‘(e) DENIAL OF DOUBLE BENEFIT.—For pur-
Treasury, and Health and Human Services. amount equal to the premiums not paid by as- poses of chapter 1, the gross income of any per-
(B) ENROLLMENT UNDER MEDICARE.—The Sec- sistance eligible individuals for such coverage by son allowed a credit under this section shall be
retary of Health and Human Services shall pro- reason of such section 2401(a)(1) with respect to increased for the taxable year which includes
vide outreach consisting of public education. such calendar quarter. the last day of any calendar quarter with re-
Such outreach shall target individuals who lose ‘‘(b) PERSON TO WHOM PREMIUMS ARE PAY- spect to which such credit is allowed by the
health insurance coverage. Such outreach shall ABLE.—For purposes of subsection (a), except as amount of such credit. No credit shall be al-
include information regarding enrollment for otherwise provided by the Secretary, the person lowed under this section with respect to any
Medicare benefits for purposes of preventing to whom premiums are payable under such con- amount which is taken into account as qualified
mistaken delays of such enrollment by such in- tinuation coverage shall be treated as being— wages under section 2301 of the CARES Act or
dividuals, including lifetime penalties for failure ‘‘(1) in the case of any group health plan section 3134 of this title or as qualified health
of timely enrollment. which is a multiemployer plan (as defined in plan expenses under section 7001(d) or 7003(d) of
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(10) DEFINITIONS.—For purposes of this sec- section 3(37) of the Employee Retirement Income the Families First Coronavirus Response Act or
tion: Security Act of 1974), the plan, section 3131 or 3132 of this title.
(A) ADMINISTRATOR.—The term ‘‘adminis- ‘‘(2) in the case of any group health plan not ‘‘(f) EXTENSION OF LIMITATION ON ASSESS-
trator’’ has the meaning given such term in sec- described in paragraph (1)— MENT.—Notwithstanding section 6501, the limi-
tion 3(16)(A) of the Employee Retirement Income ‘‘(A) which is subject to the COBRA continu- tation on the time period for the assessment of
Security Act of 1974. ation provisions contained in— any amount attributable to a credit claimed
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H787
under this section shall not expire before the ‘‘(b) INTENTIONAL FAILURE.—In the case of (1) conduct activities to enhance, expand, and
date that is 5 years after the later of— any such failure that is fraudulent, such person improve nationwide COVID–19 vaccine distribu-
‘‘(1) the date on which the original return shall pay a penalty equal to the greater of— tion and administration, including activities re-
which includes the calendar quarter with re- ‘‘(1) $250, or lated to distribution of ancillary medical prod-
spect to which such credit is determined is filed, ‘‘(2) 110 percent of the premium assistance ucts and supplies related to vaccines; and
or provided under section 2401(a)(1)(A) of the (2) provide technical assistance, guidance,
‘‘(2) the date on which such return is treated American Rescue Plan Act of 2021 after termi- and support to, and award grants or cooperative
as filed under section 6501(b)(2). nation of eligibility under such section. agreements to, State, local, Tribal, and terri-
‘‘(g) REGULATIONS.—The Secretary shall issue ‘‘(c) REASONABLE CAUSE EXCEPTION.—No pen- torial public health departments for enhance-
such regulations, or other guidance, forms, in- alty shall be imposed under this section with re- ment of COVID–19 vaccine distribution and ad-
structions, and publications, as may be nec- spect to any failure if it is shown that such fail- ministration capabilities, including—
essary or appropriate to carry out this section, ure is due to reasonable cause and not to willful (A) the distribution and administration of
including— neglect.’’. vaccines licensed under section 351 of the Public
‘‘(1) the requirement to report information or (B) CLERICAL AMENDMENT.—The table of sec- Health Service Act (42 U.S.C. 262) or authorized
the establishment of other methods for verifying tions of part I of subchapter B of chapter 68 of under section 564 of the Federal Food, Drug,
the correct amounts of reimbursements under such Code is amended by adding at the end the and Cosmetic Act (21 U.S.C. 360bbb–3) and an-
this section, following new item: cillary medical products and supplies related to
‘‘(2) the application of this section to group ‘‘Sec. 6720C. Penalty for failure to notify health vaccines;
health plans that are multiemployer plans (as plan of cessation of eligibility for (B) the establishment and expansion, includ-
defined in section 3(37) of the Employee Retire- continuation coverage premium ing staffing support, of community vaccination
ment Income Security Act of 1974), assistance.’’. centers, particularly in underserved areas;
‘‘(3) to allow the advance payment of the (3) COORDINATION WITH HCTC.— (C) the deployment of mobile vaccination
credit determined under subsection (a), subject (A) IN GENERAL.—Section 35(g)(9) of the Inter- units, particularly in underserved areas;
to the limitations provided in this section, based nal Revenue Code of 1986 is amended to read as (D) information technology, data, and report-
on such information as the Secretary shall re- follows: ing enhancements, including improvements nec-
quire, ‘‘(9) CONTINUATION COVERAGE PREMIUM AS- essary to support sharing of data related to vac-
‘‘(4) to provide for the reconciliation of such SISTANCE.—In the case of an assistance eligible
cine distribution and vaccinations and systems
advance payment with the amount of the credit individual who receives premium assistance for that enhance vaccine safety, effectiveness, and
at the time of filing the return of tax for the ap- continuation coverage under section 2401(a)(1) uptake, particularly among underserved popu-
plicable quarter or taxable year, and of the American Rescue Plan Act of 2021 for any lations;
‘‘(5) allowing the credit to third party payors month during the taxable year, such individual (E) facilities enhancements;
(including professional employer organizations, (F) communication with the public regarding
shall not be treated as an eligible individual, a
certified professional employer organizations, or when, where, and how to receive COVID–19
certified individual, or a qualifying family mem-
agents under section 3504).’’. vaccine; and
ber for purposes of this section or section 7527
(G) transportation of individuals to facilitate
(B) CLERICAL AMENDMENT.—The table of sec- with respect to such month.’’.
vaccinations, including at community vaccina-
tions for subchapter B of chapter 65 of the In- (B) EFFECTIVE DATE.—The amendment made
tion centers and mobile vaccination units, par-
ternal Revenue Code of 1986 is amended by add- by subparagraph (A) shall apply to taxable
ticularly for underserved populations.
ing at the end the following new item: years ending after the date of the enactment of
SEC. 3002. FUNDING FOR VACCINE CONFIDENCE
‘‘Sec. 6432. Continuation coverage premium as- this Act.
ACTIVITIES.
sistance.’’. (4) EXCLUSION OF CONTINUATION COVERAGE
PREMIUM ASSISTANCE FROM GROSS INCOME.—
In addition to amounts otherwise available,
(C) EFFECTIVE DATE.—The amendments made there is appropriated to the Secretary for fiscal
by this paragraph shall apply to premiums to (A) IN GENERAL.—Part III of subchapter B of
chapter 1 of the Internal Revenue Code of 1986 year 2021, out of any money in the Treasury not
which subsection (a)(1)(A) applies and wages otherwise appropriated, $1,000,000,000, to remain
paid on or after April 1, 2021. is amended by inserting after section 139H the
following new section: available until expended, to carry out activities,
(D) SPECIAL RULE IN CASE OF EMPLOYEE PAY- acting through the Director of the Centers for
MENT THAT IS NOT REQUIRED UNDER THIS SEC- ‘‘SEC. 139I. CONTINUATION COVERAGE PREMIUM
ASSISTANCE.
Disease Control and Prevention—
TION.— (1) to strengthen vaccine confidence in the
(i) IN GENERAL.—In the case of an assistance ‘‘In the case of an assistance eligible indi-
United States, including its territories and pos-
eligible individual who pays, with respect any vidual (as defined in subsection (a)(3) of section
sessions;
period of coverage to which subsection (a)(1)(A) 2401 of the American Rescue Plan Act of 2021), (2) to provide further information and edu-
applies, the amount of the premium for such gross income does not include any premium as- cation with respect to vaccines licensed under
coverage that the individual would have (but sistance provided under subsection (a)(1) of section 351 of the Public Health Service Act (42
for this Act) been required to pay, the person to such section.’’. U.S.C. 262) or authorized under section 564 of
whom such payment is payable shall reimburse (B) CLERICAL AMENDMENT.—The table of sec-
the Federal Food, Drug, and Cosmetic Act (21
such individual for the amount of such premium tions for part III of subchapter B of chapter 1
U.S.C. 360bbb–3); and
paid in excess of the amount required to be paid of such Code is amended by inserting after the (3) to improve rates of vaccination throughout
under subsection (a)(1)(A). item relating to section 139H the following new the United States, including its territories and
(ii) CREDIT OF REIMBURSEMENT.—A person to item: possessions, including through activities de-
which clause (i) applies shall be allowed a credit ‘‘Sec. 139I. Continuation coverage premium as- scribed in section 313 of the Public Health Serv-
in the manner provided under section 6432 of the sistance.’’. ice Act, as amended by section 311 of division
Internal Revenue Code of 1986 for any payment (C) EFFECTIVE DATE.—The amendments made BB of the Consolidated Appropriations Act, 2021
made to the employee under such clause. by this paragraph shall apply to taxable years (Public Law 116–260).
(iii) PAYMENT OF CREDITS.—Any person to ending after the date of the enactment of this SEC. 3003. FUNDING FOR SUPPLY CHAIN FOR
which clause (i) applies shall make the payment Act. COVID–19 VACCINES, THERA-
required under such clause to the individual not TITLE III—COMMITTEE ON ENERGY AND PEUTICS, AND MEDICAL SUPPLIES.
later than 60 days after the date on which such COMMERCE In addition to amounts otherwise available,
individual elects continuation coverage under there is appropriated to the Secretary for fiscal
Subtitle A—Public Health
subsection (a)(1). year 2021, out of any money in the Treasury not
(2) PENALTY FOR FAILURE TO NOTIFY HEALTH CHAPTER 1—VACCINES AND otherwise appropriated, $6,050,000,000, to remain
PLAN OF CESSATION OF ELIGIBILITY FOR PREMIUM THERAPEUTICS available until expended, for necessary expenses
ASSISTANCE.— SEC. 3001. FUNDING FOR COVID–19 VACCINE AC- with respect to research, development, manufac-
(A) IN GENERAL.—Part I of subchapter B of TIVITIES AT THE CENTERS FOR DIS- turing, production, and the purchase of vac-
chapter 68 of the Internal Revenue Code of 1986 EASE CONTROL AND PREVENTION.
cines, therapeutics, and ancillary medical prod-
is amended by adding at the end the following (a) IN GENERAL.—In addition to amounts oth- ucts and supplies to prevent, prepare, or re-
new section: erwise available, there is appropriated to the spond to—
‘‘SEC. 6720C. PENALTY FOR FAILURE TO NOTIFY Secretary of Health and Human Services (in this (1) SARS–CoV–2 or any viral variant mutating
HEALTH PLAN OF CESSATION OF subtitle referred to as the ‘‘Secretary’’) for fiscal therefrom with pandemic potential; and
ELIGIBILITY FOR CONTINUATION year 2021, out of any money in the Treasury not (2) COVID–19 or any disease with potential
COVERAGE PREMIUM ASSISTANCE. otherwise appropriated, $7,500,000,000, to remain for creating a pandemic.
‘‘(a) IN GENERAL.—Except in the case of a available until expended, to carry out activities SEC. 3004. FUNDING FOR COVID–19 VACCINE,
failure described in subsection (b) or (c), any to plan, prepare for, promote, distribute, admin- THERAPEUTIC, AND DEVICE ACTIVI-
dlhill on DSK120RN23PROD with House
person required to notify a group health plan ister, monitor, and track COVID–19 vaccines. TIES AT THE FOOD AND DRUG AD-
under section 2401(a)(2)(B) of the American Res- (b) USE OF FUNDS.—The Secretary, acting MINISTRATION.
cue Plan Act of 2021 who fails to make such a through the Director of the Centers for Disease In addition to amounts otherwise available,
notification at such time and in such manner as Control and Prevention, and in consultation there is appropriated to the Secretary for fiscal
the Secretary of Labor may require shall pay a with other agencies, as applicable, shall, in con- year 2021, out of any money in the Treasury not
penalty of $250 for each such failure. ducting activities referred to in subsection (a)— otherwise appropriated, $500,000,000, to remain
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H788 CONGRESSIONAL RECORD — HOUSE February 26, 2021
available until expended, to be used for the in the Treasury not otherwise appropriated, (A) to serve as case investigators, contact
evaluation of the continued performance, safe- $1,750,000,000, to remain available until ex- tracers, social support specialists, community
ty, and effectiveness, including with respect to pended, to strengthen and expand activities and health workers, public health nurses, disease
emerging COVID–19 variants, of vaccines, workforce related to genomic sequencing, ana- intervention specialists, epidemiologists, pro-
therapeutics, and diagnostics approved, cleared, lytics, and disease surveillance. gram managers, laboratory personnel,
licensed, or authorized for use for the treatment, (b) USE OF FUNDS.—From amounts appro- informaticians, communication and policy ex-
prevention, or diagnosis of COVID–19; facilita- priated by subsection (a), the Secretary, acting perts, and any other positions as may be re-
tion of advanced continuous manufacturing ac- through the Director of the Centers for Disease quired to prevent, prepare for, and respond to
tivities related to production of vaccines and re- Control and Prevention, shall— COVID–19; and
lated materials; facilitation and conduct of in- (1) conduct, expand, and improve activities to (B) who are employed by—
spections related to the manufacturing of vac- sequence genomes, identify mutations, and sur- (i) the State, territorial, or local public health
cines, therapeutics, and devices delayed or can- vey the circulation and transmission of viruses department involved; or
celled for reasons related to COVID–19; review and other organisms, including strains of SARS– (ii) a nonprofit private or public organization
of devices authorized for use for the treatment, CoV–2; with demonstrated expertise in implementing
(2) award grants or cooperative agreements to public health programs and established relation-
prevention, or diagnosis of COVID–19; and over-
State, local, Tribal, or territorial public health ships with such State, territorial, or local public
sight of the supply chain and mitigation of
departments or public health laboratories— health departments, particularly in medically
shortages of vaccines, therapeutics, and devices
(A) to increase their capacity to sequence underserved areas.
approved, cleared, licensed, or authorized for (2) Personal protective equipment, data man-
use for the treatment, prevention, or diagnosis genomes of circulating strains of viruses and
other organisms, including SARS–CoV–2; agement and other technology, or other nec-
of COVID–19 by the Food and Drug Administra- essary supplies.
tion. (B) to identify mutations in viruses and other
(3) Administrative costs and activities nec-
CHAPTER 2—TESTING organisms, including SARS–CoV–2;
essary for awardees to implement activities
(C) to use genomic sequencing to identify out-
SEC. 3011. FUNDING FOR COVID–19 TESTING, CON- funded under this section.
breaks and clusters of diseases or infections, in- (4) Reporting to the Secretary on implementa-
TACT TRACING, AND MITIGATION AC-
TIVITIES.
cluding COVID–19; and tion of the activities funded under this section.
(D) to develop effective disease response strat- (5) Subawards from recipients of awards
(a) IN GENERAL.—In addition to amounts oth- egies based on genomic sequencing and surveil-
erwise available, there is appropriated to the under subsection (a) to local health departments
lance data; for the purposes of the activities funded under
Secretary for fiscal year 2021, out of any money (3) enhance and expand the informatics capa-
in the Treasury not otherwise appropriated, this section.
bilities of the public health workforce; and SEC. 3022. FUNDING FOR MEDICAL RESERVE
$47,800,000,000, to remain available until ex- (4) award grants for the construction, alter- CORPS.
pended, to carry out activities to detect, diag- ation, or renovation of facilities to improve
nose, trace, and monitor SARS–CoV–2 and In addition to amounts otherwise available,
genomic sequencing and surveillance capabili- there is appropriated to the Secretary for fiscal
COVID–19 infections and related strategies to ties at the State and local level.
mitigate the spread of COVID–19. year 2021, out of any money in the Treasury not
SEC. 3013. FUNDING FOR GLOBAL HEALTH. otherwise appropriated, $100,000,000, to remain
(b) USE OF FUNDS.—From amounts appro-
In addition to amounts otherwise available, available until expended, for carrying out sec-
priated by subsection (a), the Secretary shall—
(1) implement a national, evidence-based there is appropriated to the Secretary for fiscal tion 2813 of the Public Health Service Act (42
strategy for testing, contact tracing, surveil- year 2021, out of any amounts in the Treasury U.S.C. 300hh–15).
lance, and mitigation with respect to SARS– not otherwise appropriated, $750,000,000, to re- CHAPTER 4—PUBLIC HEALTH
CoV–2 and COVID–19, including through activi- main available until expended, for activities to INVESTMENTS
ties authorized under section 319(a) of the Pub- be conducted acting through the Director of the SEC. 3031. FUNDING FOR COMMUNITY HEALTH
lic Health Service Act; Centers for Disease Control and Prevention to CENTERS AND COMMUNITY CARE.
(2) provide technical assistance, guidance, combat SARS–CoV– 2, COVID–19, and other (a) IN GENERAL.—In addition to amounts oth-
and support, and award grants or cooperative emerging infectious disease threats globally, in- erwise available, there is appropriated to the
agreements to State, local, and territorial public cluding efforts related to global health security, Secretary for fiscal year 2021, out of any money
health departments for activities to detect, diag- global disease detection and response, global in the Treasury not otherwise appropriated,
nose, trace, and monitor SARS–CoV–2 and health protection, global immunization, and $7,600,000,000, to remain available until ex-
COVID–19 infections and related strategies and global coordination on public health. pended, for necessary expenses for awarding
activities to mitigate the spread of COVID–19; SEC. 3014. FUNDING FOR DATA MODERNIZATION grants and cooperative agreements under sec-
AND FORECASTING CENTER. tion 330 of the Public Health Service Act (42
(3) support the development, manufacturing,
procurement, distribution, and administration of In addition to amounts otherwise available, U.S.C. 254b) to be awarded without regard to
tests to detect or diagnose SARS–CoV–2 and there is appropriated to the Secretary for fiscal the time limitation in subsection (e)(3) and sub-
COVID–19, including through— year 2021, out of any money in the Treasury not sections, (e)(6)(A)(iii), (e)(6)(B)(iii), and
(A) support for the development, manufacture, otherwise appropriated, $500,000,000, to remain (r)(2)(B) of such section 330, and for necessary
procurement, and distribution of supplies nec- available until expended, for activities to be expenses for awarding grants to Federally quali-
essary for administering tests, such as personal conducted acting through the Director of the fied health centers, as described in section
protective equipment; and Centers for Disease Control and Prevention to 1861(aa)(4)(B) of the Social Security Act (42
(B) support for the acquisition, construction, support public health data surveillance and U.S.C.1395x(aa)(4)(B)), and for awarding grants
alteration, or renovation of non-federally owned analytics infrastructure modernization initia- or contracts to Papa Ola Lokahi and to quali-
facilities for the production of diagnostics and tives at the Centers for Disease Control and Pre- fied entities under sections 4 and 6 of the Native
ancillary medical supplies where the Secretary vention, and establish, expand, and maintain Hawaiian Health Care Improvement Act (42
determines that such an investment is necessary efforts to modernize the United States disease U.S.C. 11703, 11705). Of the total amount appro-
to ensure the production of sufficient amounts warning system to forecast and track hotspots priated by the preceding sentence, not less than
of such supplies. for COVID–19, its variants, and emerging bio- $20,000,000 shall be for grants or contracts to
(4) establish and expand Federal, State, local, logical threats, including academic and work- Papa Ola Lokahi and to qualified entities under
force support for analytics and informatics in- sections 4 and 6 of the Native Hawaiian Health
and territorial testing and contact tracing capa-
frastructure and data collection systems. Care Improvement Act (42 U.S.C. 11703, 11705).
bilities, including investments in laboratory ca-
(b) USE OF FUNDS.—Amounts made available
pacity, community-based testing sites, and mo- CHAPTER 3—PUBLIC HEALTH WORKFORCE
to an awardee pursuant to subsection (a) shall
bile testing units, particularly in medically un- SEC. 3021. FUNDING FOR PUBLIC HEALTH WORK- be used—
derserved areas; FORCE. (1) to plan, prepare for, promote, distribute,
(5) enhance information technology, data (a) IN GENERAL.—In addition to amounts oth- administer, and track COVID–19 vaccines, and
modernization, and reporting, including im- erwise available, there is appropriated to the to carry out other vaccine-related activities;
provements necessary to support sharing of data Secretary for fiscal year 2021, out of any money (2) to detect, diagnose, trace, and monitor
related to public health capabilities; in the Treasury not otherwise appropriated, COVID–19 infections and related activities nec-
(6) award grants to, or enter into cooperative $7,660,000,000, to remain available until ex- essary to mitigate the spread of COVID–19, in-
agreements or contracts with, State, local, and pended, to carry out activities related to estab- cluding activities related to, and equipment or
territorial public health departments to estab- lishing, expanding, and sustaining a public supplies purchased for, testing, contact tracing,
lish, expand, and sustain a public health work- health workforce, including by making awards surveillance, mitigation, and treatment of
force; and to State, local, and territorial public health de- COVID–19;
(7) to cover administrative and program sup- partments. (3) to purchase equipment and supplies to
port costs necessary to conduct activities related (b) USE OF FUNDS FOR PUBLIC HEALTH DE- conduct mobile testing or vaccinations for
dlhill on DSK120RN23PROD with House
to subparagraph (a). PARTMENTS.—Amounts made available to an COVID–19, to purchase and maintain mobile ve-
SEC. 3012. FUNDING FOR SARS–COV–2 GENOMIC awardee pursuant to subsection (a) shall be hicles and equipment to conduct such testing or
SEQUENCING AND SURVEILLANCE. used for the following: vaccinations, and to hire and train laboratory
(a) IN GENERAL.—In addition to amounts oth- (1) Costs, including wages and benefits, re- personnel and other staff to conduct such mo-
erwise available, there is appropriated to the lated to the recruiting, hiring, and training of bile testing or vaccinations, particularly in
Secretary for fiscal year 2021 out of any money individuals— medically underserved areas;
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H789
(4) to establish, expand, and sustain the (42 U.S.C. 256h(a)(1)(A))) to qualified teaching scribed in subparagraphs (E) and (G), and for
health care workforce to prevent, prepare for, health centers for maintenance of filled posi- other related activities;
and respond to COVID–19, and to carry out tions at existing approved graduate medical resi- (G) $240,000,000 shall be for necessary ex-
other health workforce-related activities; dency training programs. penses to establish, expand, and sustain a pub-
(5) to modify, enhance, and expand health (4) For making payments under section lic health workforce to prevent, prepare for, and
care services and infrastructure; and 340H(a)(1)(B) of the Public Health Service Act respond to COVID–19, other public health work-
(6) to conduct community outreach and edu- (42 U.S.C. 256h(a)(1)(B)) for the expansion of force-related activities, for the purposes de-
cation activities related to COVID–19. existing approved graduate medical residency scribed in subparagraphs (E) and (F), and for
(c) PAST EXPENDITURES.—An awardee may training programs. other related activities; and
use amounts awarded pursuant to subsection (a) (5) For making awards under section 749A of (H) $420,000,000 shall be for necessary ex-
to cover the costs of the awardee carrying out the Public Health Service Act (42 U.S.C. 293l–1) penses related to mental and behavioral health
any of the activities described in subsection (b) to teaching health centers for the purpose of es- prevention and treatment services, for the pur-
during the period beginning on the date of the tablishing new accredited or expanded primary poses described in subparagraph (C) and para-
declaration of a public health emergency by the care residency programs. graph (2) as related to mental and behavioral
Secretary under section 319 of the Public Health (6) To cover administrative costs and activities health, and for other related activities;
Service Act (42 U.S.C. 247d) on January 31, 2020, necessary for qualified teaching health centers (2) $600,000,000 shall be for the lease, pur-
with respect to COVID–19 and ending on the receiving payments under section 340H of the chase, construction, alteration, renovation, or
date of such award. Public Health Service Act (42 U.S.C. 256h) to equipping of health facilities to respond to
SEC. 3032. FUNDING FOR NATIONAL HEALTH carry out activities under such section. COVID–19, and for maintenance and improve-
SERVICE CORPS. SEC. 3035. FUNDING FOR FAMILY PLANNING. ment projects necessary to respond to COVID–19
(a) IN GENERAL.—In addition to amounts oth- In addition to amounts otherwise available, under section 7 of the Act of August 5, 1954 (42
erwise available, there is appropriated to the there is appropriated to the Secretary for fiscal U.S.C. 2004a), the Indian Self-Determination
Secretary for fiscal year 2021, out of any money year 2021, out of any money in the Treasury not and Education Assistance Act (25 U.S.C. 5301 et
in the Treasury not otherwise appropriated, otherwise appropriated, $50,000,000, to remain seq.), the Indian Health Care Improvement Act
$800,000,000, to remain available until expended, available until expended, for necessary expenses (25 U.S.C. 1601 et seq.), and titles II and III of
for carrying out sections 338A, 338B, and 338I of for making grants and contracts under section the Public Health Service Act (42 U.S.C. 202 et
the Public Health Service Act (42 U.S.C. 254l, 1001 of the Public Health Service Act (42 U.S.C. seq.) with respect to the Indian Health Service;
254l–1, 254q–1) with respect to the health work- 300). and
force. SEC. 3036. FUNDING FOR OFFICE OF INSPECTOR (3) $10,000,000 shall be for carrying out section
(b) STATE LOAN REPAYMENT PROGRAMS.— GENERAL. 7 of the Act of August 5, 1954 (42 U.S.C. 2004a)
(1) IN GENERAL.—Of the amount made avail- In addition to amounts otherwise available, for expenses relating to potable water delivery.
able pursuant to subsection (a), $100,000,000 there is appropriated to the inspector general of (b) Funds appropriated by subsection (a) shall
shall be made available for providing primary the Department of Health and Human Services be made available to restore amounts, either di-
health services through grants to States under for fiscal year 2021, out of any money in the rectly or through reimbursement, for obligations
section 338I(a) of the Public Health Service Act Treasury not otherwise appropriated, $5,000,000, for the purposes specified in this section that
(42 U.S.C. 254q–1(a)). to remain available until expended, for oversight were incurred to prevent, prepare for, and re-
(2) CONDITIONS.—With respect to grants de- of activities supported with funds appropriated spond to COVID–19 during the period beginning
scribed in paragraph (1) using funds made to the Department of Health and Human Serv- on the date on which the public health emer-
available under such paragraph: ices to prevent, prepare for, and respond to gency was declared by the Secretary on January
(A) Section 338I(b) of the Public Health Serv- coronavirus 2019 or COVID–19, domestically or 31, 2020, pursuant to section 319 of the Public
ice Act (42 U.S.C. 254q–1(b)) shall not apply. internationally. Health Service Act (42 U.S.C. 247d) with respect
(B) Notwithstanding section 338I(d)(2) of the CHAPTER 5—INDIAN HEALTH to COVID–19 and ending on the date of the en-
Public Health Service Act (42 U.S.C. 254q– actment of this Act.
SEC. 3041. FUNDING FOR INDIAN HEALTH.
1(d)(2)), not more than 10 percent of an award (c) Funds made available under subsection (a)
(a) In addition to amounts otherwise avail- to Tribes and Tribal organizations under the In-
to a State from such amounts, may be used by
able, there is appropriated to the Secretary for dian Self-Determination and Education Assist-
the State for costs of administering the State
fiscal year 2021, out of any money in the Treas- ance Act (25 U.S.C. 5301 et seq.) shall be avail-
loan repayment program.
ury not otherwise appropriated, $6,094,000,000, able on a one-time basis. Such non-recurring
SEC. 3033. FUNDING FOR NURSE CORPS.
to remain available until expended, of which— funds shall not be part of the amount required
In addition to amounts otherwise available, (1) $5,484,000,000 shall be for carrying out the
there is appropriated to the Secretary for fiscal by section 106 of the Indian Self-Determination
Act of August 5, 1954 (42 U.S.C. 2001 et seq.)
year 2021, out of any money in the Treasury not and Education Assistance Act (25 U.S.C. 5325),
(commonly referred to as the Transfer Act), the
otherwise appropriated, $200,000,000, to remain and such funds shall only be used for the pur-
Indian Self-Determination and Education As-
available until expended, for carrying out sec- poses identified in this section.
sistance Act (25 U.S.C. 5301 et seq.), the Indian
tion 846 of the Public Health Service Act (42 Health Care Improvement Act (25 U.S.C. 1601 et CHAPTER 6—MENTAL HEALTH AND
U.S.C. 297n). seq.), and titles II and III of the Public Health SUBSTANCE USE DISORDER
SEC. 3034. FUNDING FOR TEACHING HEALTH CEN- Service Act (42 U.S.C. 201 et seq. and 241 et seq.) SEC. 3051. FUNDING FOR BLOCK GRANTS FOR
TERS THAT OPERATE GRADUATE with respect to the Indian Health Service, of COMMUNITY MENTAL HEALTH SERV-
MEDICAL EDUCATION. which— ICES.
(a) IN GENERAL.—In addition to amounts oth- (A) $2,000,000,000 shall be for lost reimburse- In addition to amounts otherwise available,
erwise available, and notwithstanding the ments, in accordance with section 207 of the In- there is appropriated to the Secretary for fiscal
capped amount referenced in sections 340H(b)(2) dian Health Care Improvement Act (25 U.S.C. year 2021, out of any money in the Treasury not
and 340H(d)(2) of the Public Health Service Act 1621f); otherwise appropriated, $1,750,000,000, to remain
(42 U.S.C. 256h(b)(2) and (d)(2)), there is appro- (B) $500,000,000 shall be for the provision of available until expended, for carrying out sub-
priated to the Secretary for fiscal year 2021, out additional health care services, services pro- part I of part B of title XIX of the Public Health
of any money in the Treasury not otherwise ap- vided through the Purchased/Referred Care pro- Service Act (42 U.S.C. 300x et seq.), subpart III
propriated, $330,000,000, to remain available gram, and other related activities; of part B of title XIX of such Act (42 U.S.C.
until September 30, 2023, for the program of pay- (C) $140,000,000 shall be for information tech- 300x–51 et seq.), and section 505(c) of such Act
ments to teaching health centers that operate nology, telehealth infrastructure, and the In- (42 U.S.C. 290aa–4(c)) with respect to mental
graduate medical education under section 340H dian Health Service electronic health records health. Notwithstanding section 1952 of the
of the Public Health Service Act (42 U.S.C. 256h) system; Public Health Service Act (42 U.S.C. 300x–62),
and for teaching health center development (D) $84,000,000 shall be for maintaining oper- any amount awarded to a State out of amounts
grants authorized under section 749A of the ations of the Urban Indian health program, appropriated by this section shall be expended
Public Health Service Act (42 U.S.C. 293l–1). which shall be in addition to other amounts by the State by September 30, 2025.
(b) USE OF FUNDS.—Amounts made available made available under this subsection for Urban SEC. 3052. FUNDING FOR BLOCK GRANTS FOR
pursuant to subsection (a) shall be used for the Indian organizations (as defined in section 4 of PREVENTION AND TREATMENT OF
following activities: the Indian Health Care Improvement Act (25 SUBSTANCE ABUSE.
(1) For making payments to establish new ap- U.S.C. 1603)); In addition to amounts otherwise available,
proved graduate medical residency training pro- (E) $600,000,000 shall be for necessary expenses there is appropriated to the Secretary for fiscal
grams pursuant to section 340H(a)(1)(C) of the to plan, prepare for, promote, distribute, admin- year 2021, out of any money in the Treasury not
Public Health Service Act (42 U.S.C. ister, and track COVID–19 vaccines, for the pur- otherwise appropriated, $1,750,000,000, to remain
256h(a)(1)(C)). poses described in subparagraphs (F) and (G), available until expended, for carrying out sub-
dlhill on DSK120RN23PROD with House
(2) To provide an increase to the per resident and for other vaccine-related activities; part II of part B of title XIX of the Public
amount described in section 340H(a)(2) of the (F) $1,500,000,000 shall be for necessary ex- Health Service Act (42 U.S.C. 300x–21 et seq.),
Public Health Service Act (42 U.S.C. 256h(a)(2)) penses to detect, diagnose, trace, and monitor subpart III of part B of title XIX of such Act (42
of $10,000. COVID–19 infections, activities necessary to U.S.C. 300x–51 et seq.), section 505(d) of such
(3) For making payments under section mitigate the spread of COVID–19, supplies nec- Act (42 U.S.C. 290aa–4(d)) with respect to sub-
340H(a)(1)(A) of the Public Health Service Act essary for such activities, for the purposes de- stance abuse, and section 515(d) of such Act (42
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H790 CONGRESSIONAL RECORD — HOUSE February 26, 2021
U.S.C. 290bb–21(d)). Notwithstanding section sources and Services Administration, shall, tak- SEC. 3058. FUNDING FOR THE NATIONAL CHILD
1952 of the Public Health Service Act (42 U.S.C. ing into consideration the needs of rural and TRAUMATIC STRESS NETWORK.
300x–62), any amount awarded to a State out of medically underserved communities, use In addition to amounts otherwise available,
amounts appropriated by this section shall be amounts appropriated by subsection (a) to there is appropriated to the Secretary for fiscal
expended by the State by September 30, 2025. award grants or contracts to entities providing year 2021, out of any money in the Treasury not
SEC. 3053. FUNDING FOR MENTAL AND BEHAV- health care, including health care providers as- otherwise appropriated, $10,000,000, to remain
IORAL HEALTH TRAINING FOR sociations and Federally qualified health cen- available until expended, for carrying out sec-
HEALTH CARE PROFESSIONALS, ters, to establish, enhance, or expand evidence- tion 582 of the Public Health Service Act (42
PARAPROFESSIONALS, AND PUBLIC
informed programs or protocols to promote men- U.S.C. 290hh–1) with respect to addressing the
SAFETY OFFICERS.
tal and behavioral health among their pro- problem of high-risk or medically underserved
(a) IN GENERAL.—In addition to amounts oth-
viders, other personnel, and members. persons who experience violence-related stress.
erwise available, there is appropriated to the
Secretary for fiscal year 2021, out of any money SEC. 3056. FUNDING FOR COMMUNITY-BASED SEC. 3059. FUNDING FOR PROJECT AWARE.
in the Treasury not otherwise appropriated, FUNDING FOR LOCAL SUBSTANCE In addition to amounts otherwise available,
USE DISORDER SERVICES. there is appropriated to the Secretary for fiscal
$80,000,000, to remain available until expended,
for the purpose described in subsection (b). (a) IN GENERAL.—In addition to amounts oth- year 2021, out of any money in the Treasury not
(b) USE OF FUNDING.—The Secretary, acting erwise available, there is appropriated to the otherwise appropriated, $30,000,000, to remain
through the Administrator of the Health Re- Secretary for fiscal year 2021, out of any money available until expended, for carrying out sec-
sources and Services Administration, shall, tak- in the Treasury not otherwise appropriated, tion 520A of the Public Health Service Act (42
ing into consideration the needs of rural and $30,000,000, to remain available until expended, U.S.C. 290bb–32) with respect to advancing
medically underserved communities, use to carry out the purpose described in subsection wellness and resiliency in education.
amounts appropriated by subsection (a) to (b). SEC. 3059A. FUNDING FOR YOUTH SUICIDE PRE-
award grants or contracts to health professions (b) USE OF FUNDS.— VENTION.
schools, academic health centers, State or local (1) IN GENERAL.—The Secretary, acting In addition to amounts otherwise available,
governments, Indian Tribes and Tribal organi- through the Assistant Secretary for Mental there is appropriated to the Secretary for fiscal
zations, or other appropriate public or private Health and Substance Use and in consultation year 2021, out of any money in the Treasury not
nonprofit entities (or consortia of entities, in- with the Director of the Centers for Disease otherwise appropriated, $20,000,000, to remain
cluding entities promoting multidisciplinary ap- Control and Prevention, shall award grants to available until expended, for carrying out sec-
proaches), to plan, develop, operate, or partici- support States; local, Tribal, and territorial gov- tions 520E and 520E–2 of the Public Health Serv-
pate in health professions and nursing training ernments; Tribal organizations; nonprofit com- ice Act (42 U.S.C. 290bb–36, 290bb–36b).
activities for health care students, residents, munity-based organizations; and primary care
professionals, paraprofessionals, trainees, and SEC. 3059B. FUNDING FOR BEHAVIORAL HEALTH
and behavioral health organizations to support WORKFORCE EDUCATION AND
public safety officers, and employers of such in- community-based overdose prevention programs, TRAINING.
dividuals, in evidence-informed strategies for re- syringe services programs, and other harm re-
ducing and addressing suicide, burnout, and In addition to amounts otherwise available,
duction services, with respect to harms of drug there is appropriated to the Secretary for fiscal
mental and behavioral health conditions (in-
misuse that are exacerbated by the COVID–19 year 2021, out of any money in the Treasury not
cluding substance use disorders) among health
public health emergency. otherwise appropriated, $100,000,000, to remain
care professionals.
SEC. 3054. FUNDING FOR EDUCATION AND
(2) USE OF GRANT FUNDS.—Grant funds available until expended, for carrying out sec-
AWARENESS CAMPAIGN ENCOUR- awarded under this section to eligible entities tion 756 of the Public Health Service Act (42
AGING HEALTHY WORK CONDITIONS may be used for preventing and controlling the U.S.C. 294e–1).
AND USE OF MENTAL AND BEHAV- spread of infectious diseases and the con-
IORAL HEALTH SERVICES BY
CHAPTER 7—EXCHANGE GRANT PROGRAM
sequences of such diseases for individuals with
HEALTH CARE PROFESSIONALS. substance use disorder, distributing opioid over- SEC. 3061. ESTABLISHING A GRANT PROGRAM
(a) IN GENERAL.—In addition to amounts oth- dose reversal medication to individuals at risk of FOR EXCHANGE MODERNIZATION.
erwise available, there is appropriated to the overdose, connecting individuals at risk for, or (a) IN GENERAL.—Out of funds appropriated
Secretary for fiscal year 2021, out of any money with, a substance use disorder to overdose edu- under subsection (b), the Secretary shall award
in the Treasury not otherwise appropriated, cation, counseling, and health education, and grants to each American Health Benefits Ex-
$20,000,000, to remain available until expended, encouraging such individuals to take steps to re- change established under section 1311(b) of the
for the purpose described in subsection (b). duce the negative personal and public health Patient Protection and Affordable Care Act (42
(b) USE OF FUNDS.—The Secretary, acting impacts of substance use or misuse. U.S.C. 18031(b)) (other than an Exchange estab-
through the Director of the Centers for Disease lished by the Secretary under section 1321(c) of
Control and Prevention and in consultation SEC. 3057. FUNDING FOR COMMUNITY-BASED
FUNDING FOR LOCAL BEHAVIORAL such Act (42 U.S.C. 18041(c))) that submits to
with the medical professional community, shall HEALTH NEEDS. the Secretary an application at such time and in
use amounts appropriated by subsection (a) to such manner, and containing such information,
carry out a national evidence-based education (a) IN GENERAL.—In addition to amounts oth-
erwise available, there is appropriated to the as specified by the Secretary, for purposes of en-
and awareness campaign directed at health care abling such Exchange to modernize or update
professionals and first responders (such as emer- Secretary for fiscal year 2021, out of any money
in the Treasury not otherwise appropriated, any system, program, or technology utilized by
gency medical service providers), and employers such Exchange to ensure such Exchange is com-
of such professionals and first responders. Such $50,000,000, to remain available until expended,
to carry out the purpose described in subsection pliant with all applicable requirements.
awareness campaign shall— (b) FUNDING.—There is appropriated, out of
(1) encourage primary prevention of mental (b).
any monies in the Treasury not otherwise obli-
and behavioral health conditions and secondary (b) USE OF FUNDS.—
gated, $20,000,000, to remain available until ex-
and tertiary prevention by encouraging health (1) IN GENERAL.—The Secretary, acting pended, for carrying out this section.
care professionals to seek support and treatment through the Assistant Secretary for Mental
for their own behavioral health concerns; Health and Substance Use, shall award grants Subtitle B—Medicaid
(2) help such professionals to identify risk fac- to State, local, Tribal, and territorial govern- SEC. 3101. MANDATORY COVERAGE OF COVID–19
tors in themselves and others and respond to ments, Tribal organizations, nonprofit commu- VACCINES AND ADMINISTRATION
such risks; nity-based entities, and primary care and be- AND TREATMENT UNDER MEDICAID.
(3) include information on reducing or pre- havioral health organizations to address in- (a) COVERAGE.—
venting suicide, substance use disorders, burn- creased community behavioral health needs (1) IN GENERAL.—Section 1905(a)(4) of the So-
out, and other mental and behavioral health worsened by the COVID–19 public health emer- cial Security Act (42 U.S.C. 1396d(a)(4)) is
conditions, and addressing stigma associated gency. amended—
with seeking mental and behavioral health sup- (2) USE OF GRANT FUNDS.—Grant funds (A) by striking ‘‘and (D)’’ and inserting
port and treatment; and awarded under this section to eligible entities ‘‘(D)’’; and
(4) consider the needs of rural and medically
may be used for promoting care coordination (B) by striking the semicolon at the end and
underserved communities.
among local entities; training the mental and inserting ‘‘; (E) during the period beginning on
SEC. 3055. FUNDING FOR GRANTS FOR HEALTH
behavioral health workforce, relevant stake- the date of the enactment of the American Res-
CARE PROVIDERS TO PROMOTE MEN-
TAL AND BEHAVIORAL HEALTH holders, and community members; expanding cue Plan Act of 2021 and ending on the last day
AMONG THEIR HEALTH PROFES- evidence-based integrated models of care; ad- of the first calendar quarter that begins at least
SIONAL WORKFORCE. dressing surge capacity for mental and behav- one year after the last day of the emergency pe-
(a) IN GENERAL.—In addition to amounts oth- ioral health needs; providing mental and behav- riod described in section 1135(g)(1)(B), a
erwise available, there is appropriated to the ioral health services to individuals with mental COVID–19 vaccine and administration of the
dlhill on DSK120RN23PROD with House
Secretary for fiscal year 2021, out of any money health needs (including co-occurring substance vaccine; and (F) during the period beginning on
in the Treasury not otherwise appropriated, use disorders) as delivered by behavioral and the date of the enactment of the American Res-
$40,000,000, to remain available until expended, mental health professionals utilizing telehealth cue Plan Act of 2021 and ending on the last day
for the purpose described in subsection (b). services; and supporting, enhancing, or expand- of the first calendar quarter that begins at least
(b) USE OF FUNDS.—The Secretary, acting ing mental and behavioral health preventive one year after the last day of the emergency pe-
through the Administrator of the Health Re- and crisis intervention services. riod described in section 1135(g)(1)(B), testing
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H791
and treatments for COVID-19, including special- (iii) by adding at the end the following sub- ‘‘(E) Drugs and biological products to which
ized equipment and therapies (including preven- paragraphs: section 1905(a)(4)(F) and subclause (XVIII) in
tive therapies), and, without regard to the re- ‘‘(H) during the period beginning on the date the matter following subparagraph (G) of sec-
quirements of section 1902(a)(10)(B) (relating to of the enactment of this subparagraph and end- tion 1902(a)(10) apply that are furnished as
comparability), in the case of an individual who ing on the last day of the first calendar quarter medical assistance in accordance with such sec-
is diagnosed with or presumed to have COVID– that begins at least one year after the last day tion or clause, respectively, and section
19, during the period such individual has (or is of the emergency period described in section 1902(a)(10)(A), for the treatment or prevention,
presumed to have) COVID–19, the treatment of 1135(g)(1)(B), a COVID–19 vaccine and the ad- of COVID–19, as described in such subpara-
a condition that may seriously complicate the ministration of such vaccine (for any individual graph of subclause, respectively.’’.
treatment of COVID–19, if otherwise covered eligible for medical assistance for such vaccine (5) ALTERNATIVE BENEFIT PLANS.—Section
under the State plan (or waiver of such plan);’’. (and administration)); or 1937(b) of the Social Security Act (42 U.S.C.
(2) MAKING COVID–19 VACCINE AVAILABLE TO ‘‘(I) during the period beginning on the date 1396u–7(b)) is amended by adding at the end the
ADDITIONAL ELIGIBILITY GROUPS AND TREATMENT of the enactment of this subparagraph and end- following new paragraph:
AVAILABLE TO CERTAIN UNINSURED.—Section ing on the last day of the first calendar quarter ‘‘(8) COVID–19 VACCINES, TESTING, AND
1902(a)(10) of such Act (42 U.S.C. 1396a(a)(10)) is that begins at least one year after the last day TREATMENT.—Notwithstanding the previous pro-
amended in the matter following subparagraph of the emergency period described in section visions of this section, a State may not provide
(G)— 1135(g)(1)(B), testing and treatments for for medical assistance through enrollment of an
(A) by striking ‘‘and to other conditions COVID-19, including specialized equipment and individual with benchmark coverage or bench-
which may complicate pregnancy, (VIII)’’ and therapies (including preventive therapies), and, mark-equivalent coverage under this section un-
inserting ‘‘, medical assistance for services re- in the case of an individual who is diagnosed less, during the period beginning on the date of
lated to other conditions which may complicate with or presumed to have COVID–19, during the the enactment of the American Rescue Plan Act
pregnancy, and medical assistance for vaccines period during which such individual has (or is of 2021 and ending on the last day of the first
described in section 1905(a)(4)(E) and the ad- presumed to have) COVID–19, the treatment of calendar quarter that begins at least one year
ministration of such vaccines during the period a condition that may seriously complicate the after the last day of the emergency period de-
described in such section, (VIII)’’; treatment of COVID–19, if otherwise covered scribed in section 1135(g)(1)(B), such coverage
(B) by inserting ‘‘and medical assistance for under the State plan (or waiver of such plan); includes (and does not impose any deduction,
vaccines described in section 1905(a)(4)(E) and and’’. cost sharing, or similar charge for)—
the administration of such vaccines during the (B) APPLICATION TO ALTERNATIVE COST SHAR- ‘‘(A) COVID–19 vaccines and administration
period described in such section’’ after ‘‘(de- ING.—Section 1916A(b)(3)(B) of the Social Secu- of the vaccines; and
scribed in subsection (z)(2))’’; rity Act (42 U.S.C. 1396o–1(b)(3)(B)) is amend- ‘‘(B) testing and treatments for COVID-19, in-
(C) by striking ‘‘cancer (XV)’’ and inserting ed— cluding specialized equipment and therapies (in-
‘‘cancer, (XV)’’; (i) in clause (xi), by striking ‘‘any visit’’ and cluding preventive therapies), and, in the case
(D) by inserting ‘‘and medical assistance for inserting ‘‘any service’’; and of such an individual who is diagnosed with or
vaccines described in section 1905(a)(4)(E) and (ii) by adding at the end the following presumed to have COVID–19, during the period
the administration of such vaccines during the clauses: such individual has (or is presumed to have)
period described in such section’’ after ‘‘de- ‘‘(xii) During the period beginning on the date COVID–19, the treatment of a condition that
scribed in subsection (k)(1)’’; of the enactment of this clause and ending on may seriously complicate the treatment of
(E) by inserting ‘‘and medical assistance for the last day of the first calendar quarter that COVID–19, if otherwise covered under the State
vaccines described in section 1905(a)(4)(E) and begins at least one year after the last day of the plan (or waiver of such plan).’’.
the administration of such vaccines during the emergency period described in section (b) TEMPORARY INCREASE IN FEDERAL PAY-
period described in such section’’ after ‘‘family 1135(g)(1)(B), a COVID–19 vaccine and the ad- MENTS FOR COVERAGE AND ADMINISTRATION OF
planning setting’’; ministration of such vaccine (for any individual COVID–19 VACCINES.—Section 1905 of the Social
(F) by striking ‘‘and (XVIII)’’ and inserting eligible for medical assistance for such vaccine Security Act (42 U.S.C. 1396d) is amended—
‘‘(XVIII)’’; (and administration)). (1) in subsection (b), by striking ‘‘and (ff)’’
(G) by striking ‘‘and any visit described in ‘‘(xiii) During the period beginning on the and inserting ‘‘(ff), and (hh)’’;
section 1916(a)(2)(G) that is furnished during date of the enactment of this clause and ending (2) in subsection (ff), in the matter preceding
any such portion’’ and inserting ‘‘, any service on the last day of the first calendar quarter that paragraph (1), by inserting ‘‘, subject to sub-
described in section 1916(a)(2)(G) that is fur- begins at least one year after the last day of the section (hh)’’ after ‘‘or (z)(2)’’ and
nished during any such portion, any vaccine de- emergency period described in section (3) by adding at the end the following new
scribed in section 1905(a)(4)(E) (and the admin- 1135(g)(1)(B), testing and treatments for subsection:
istration of such vaccine) that is furnished dur- ‘‘(hh) TEMPORARY INCREASED FMAP FOR
COVID-19, including specialized equipment and
ing any such portion, and testing and treat- MEDICAL ASSISTANCE FOR COVERAGE AND AD-
therapies (including preventive therapies), and,
MINISTRATION OF COVID–19 VACCINES.—
ments for COVID-19, including specialized in the case of an individual who is diagnosed ‘‘(1) IN GENERAL.—Notwithstanding any other
equipment and therapies (including preventive with or presumed to have COVID–19, during the provision of this title, during the period de-
therapies), and, in the case of an individual period during which such individual has (or is scribed in paragraph (2), the Federal medical
who is diagnosed with or presumed to have presumed to have) COVID–19, the treatment of assistance percentage for a State, with respect
COVID–19, during the period such individual a condition that may seriously complicate the to amounts expended by the State for medical
has (or is presumed to have) COVID–19, the treatment of COVID–19, if otherwise covered assistance for a vaccine described in subsection
treatment of a condition that may seriously under the State plan (or waiver of such plan).’’. (a)(4)(E) (and the administration of such a vac-
complicate the treatment of COVID–19, if other- (4) INCLUSION IN THE MEDICAID DRUG REBATE
cine), shall be equal to 100 percent.
wise covered under the State plan (or waiver of PROGRAM OF COVERED OUTPATIENT DRUGS USED
‘‘(2) PERIOD DESCRIBED.—The period described
such plan)’’; and FOR COVID–19 TREATMENT.—
in this paragraph is the period that—
(H) by striking the semicolon at the end and (A) IN GENERAL.—The requirements of section ‘‘(A) begins on the first day of the first quar-
inserting ‘‘, and (XIX) medical assistance shall 1927 of the Social Security Act (42 U.S.C. 1396r– ter beginning after the date of the enactment of
be made available during the period described in 8) shall apply to any drug or biological product this subsection; and
section 1905(a)(4)(E) for vaccines described in to which subparagraph (F) of section 1905(a)(4) ‘‘(B) ends on the last day of the first quarter
such section and the administration of such of such Act, as added by paragraph (1), applies that begins at least one year after the last day
vaccines, for any individual who is eligible for or to which the subclause (XVIII) in the matter of the emergency period described in section
and receiving medical assistance under the State following subparagraph (G) of section 1135(g)(1)(B).
plan or under a waiver of such plan (other than 1902(a)(10) of such Act, as added by paragraph ‘‘(3) EXCLUSION OF EXPENDITURES FROM TER-
an individual who is eligible for medical assist- (2) applies, that is— RITORIAL CAPS.—Any payment made to a terri-
ance consisting only of payment of premiums (i) furnished as medical assistance in accord- tory for expenditures for medical assistance
pursuant to subparagraph (E) or (F) or section ance with such subparagraph (F) or subclause under subsection (a)(4)(E) that are subject to
1933), notwithstanding any provision of this (XVIII) and section 1902(a)(10)(A) of such Act, the Federal medical assistance percentage speci-
title limiting such individual’s eligibility for as applicable, for the treatment, or prevention, fied under paragraph (1) shall not be taken into
medical assistance under such plan or waiver to of COVID-19, as described in such subpara- account for purposes of applying payment limits
coverage for a limited type of benefits and serv- graph or subclause, respectively; and under subsections (f) and (g) of section 1108.’’.
ices that would not otherwise include coverage (ii) a covered outpatient drug (as defined in SEC. 3102. MODIFICATIONS TO CERTAIN COV-
of a COVID–19 vaccine and its administra- section 1927(k) of such Act, except that, in ap- ERAGE UNDER MEDICAID FOR PREG-
tion;’’. plying paragraph (2)(A) of such section to a NANT AND POSTPARTUM WOMEN.
(3) PROHIBITION OF COST SHARING.— drug to which such subparagraph (F) or such (a) STATE OPTION.—Section 1902(e) of the So-
(A) IN GENERAL.—Subsections (a)(2) and (b)(2) subclause (XVIII) applies, such drug shall be cial Security Act (42 U.S.C. 1396a(e)) is amended
dlhill on DSK120RN23PROD with House
of section 1916 of the Social Security Act (42 deemed a prescribed drug for purposes of section by adding at the end the following new para-
U.S.C. 1396o) are each amended— 1905(a)(12) of such Act). graph:
(i) in subparagraph (F), by striking ‘‘or’’ at (B) CONFORMING AMENDMENT.—Section ‘‘(16) EXTENDING CERTAIN COVERAGE FOR
the end; 1927(d)(7) of the Social Security Act (42 U.S.C. PREGNANT AND POSTPARTUM WOMEN.—
(ii) in subparagraph (G), by striking ‘‘; and’’; 1396r–8(d)(7)) is amended by adding at the end ‘‘(A) IN GENERAL.—At the option of the State,
and the following new subparagraph: the State plan (or waiver of such State plan)
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H792 CONGRESSIONAL RECORD — HOUSE February 26, 2021
may provide, that an individual who, while ‘‘(A) outside of a hospital or other facility set- ‘‘(e) FUNDING FOR STATE PLANNING GRANTS.—
pregnant, is eligible for and has received med- ting; and There is appropriated, out of any funds in the
ical assistance under the State plan approved ‘‘(B) experiencing a mental health or sub- Treasury not otherwise appropriated, $15,000,000
under this title (or a waiver of such plan) (in- stance use disorder crisis; to the Secretary for purposes of implementing,
cluding during a period of retroactive eligibility ‘‘(2) furnished by a multidisciplinary mobile administering, and making planning grants to
under subsection (a)(34)) shall, in addition to crisis team— States as soon as practicable for purposes of de-
remaining eligible under paragraph (5) for all ‘‘(A) that includes at least 1 behavioral health veloping a State plan amendment or section
pregnancy-related and postpartum medical as- care professional who is capable of conducting 1115, 1915(b), or 1915(c) waiver request (or an
sistance available under the State plan (or an assessment of the individual, in accordance amendment to such a waiver) to provide quali-
waiver) through the last day of the month in with the professional’s permitted scope of prac- fying community-based mobile crisis interven-
which the 60-day period (beginning on the last tice under State law, and other professionals or tion services under this section, to remain avail-
day of her pregnancy) ends, remain eligible paraprofessionals with appropriate expertise in able until expended.’’
under the State plan (or waiver) for medical as- behavioral health or mental health crisis re- SEC. 3104. TEMPORARY INCREASE IN FMAP FOR
sistance for the period beginning on the first sponse, including nurses, social workers, peer MEDICAL ASSISTANCE UNDER STATE
day occurring after the end of such 60-day pe- support specialists, and others, as designated by MEDICAID PLANS WHICH BEGIN TO
riod and ending on the last day of the month in the State through a State plan amendment (or EXPEND AMOUNTS FOR CERTAIN
waiver of such plan); MANDATORY INDIVIDUALS.
which the 12-month period (beginning on the
last day of her pregnancy) ends. ‘‘(B) whose members are trained in trauma-in- Section 1905 of the Social Security Act (42
‘‘(B) FULL BENEFITS DURING PREGNANCY AND formed care, de-escalation strategies, and harm U.S.C. 1396d), as amended by section 3101 of this
THROUGHOUT THE 12-MONTH POSTPARTUM PE- reduction; subtitle, is further amended—
RIOD.—The medical assistance provided for a ‘‘(C) that is able to respond in a timely man- (1) in subsection (b), in the first sentence, by
pregnant or postpartum individual by a State ner and, where appropriate, provide— striking ‘‘and (hh)’’ and inserting ‘‘(hh), and
making an election under this paragraph, with- ‘‘(i) screening and assessment; (ii)’’;
out regard to the basis on which the individual ‘‘(ii) stabilization and de-escalation; and (2) in subsection (ff), by striking ‘‘subject to
is eligible for medical assistance under the State ‘‘(iii) coordination with, and referrals to, subsection (hh)’’ and inserting ‘‘subject to sub-
plan (or waiver), shall— health services as needed; sections (hh) and (ii)’’; and
‘‘(i) include all items and services covered ‘‘(D) that maintains relationships with rel- (3) by adding at the end the following new
under the State plan (or waiver) that are not evant community partners, including medical subsection:
less in amount, duration, or scope, or are deter- and behavioral health providers, primary care ‘‘(ii) TEMPORARY INCREASE IN FMAP FOR
mined by the Secretary to be substantially providers, community health centers, crisis res- MEDICAL ASSISTANCE UNDER STATE MEDICAID
equivalent, to the medical assistance available pite centers, and managed care organizations (if PLANS WHICH BEGIN TO EXPEND AMOUNTS FOR
for an individual described in subsection applicable); CERTAIN MANDATORY INDIVIDUALS.—
(a)(10)(A)(i); and ‘‘(E) that maintains the privacy and confiden- ‘‘(1) IN GENERAL.—For each quarter occurring
‘‘(ii) be provided for the individual while preg- tiality of patient information consistent with during the 8-quarter period beginning with the
nant and during the 12-month period that be- Federal and State requirements; and first calendar quarter during which a qualifying
gins on the last day of the individual’s preg- ‘‘(3) available 24 hours per day, every day of State (as defined in paragraph (3)) expends
nancy and ends on the last day of the month in the year. amounts for all individuals described in section
which such 12-month period ends. ‘‘(c) PAYMENTS.—Notwithstanding section 1902(a)(10)(A)(i)(VIII) under the State plan (or
‘‘(C) COVERAGE UNDER CHIP.—A State making 1905(b) or 1905(ff) and subject to subsections (y) waiver of such plan), the Federal medical assist-
an election under this paragraph that covers and (z) of section 1905, during each of the first ance percentage determined under subsection (b)
under title XXI child health assistance for tar- 12 fiscal quarters occurring during the period for such State shall, after application of any in-
geted low-income children who are pregnant or described in subsection (a) that a State meets crease, if applicable, under section 6008 of the
targeted low-income pregnant women, as appli- the requirements described in subsection (d), the Families First Coronavirus Response Act, be in-
cable, shall also make the election under section Federal medical assistance percentage applica- creased by 5 percentage points, except for any
2107(e)(1)(J) of such title.’’. ble to amounts expended by the State for med- quarter (and each subsequent quarter) during
(b) EFFECTIVE DATE.—The amendment made ical assistance for qualifying community-based such period during which the State ceases to
by subsection (a) shall apply with respect to mobile crisis intervention services furnished dur- provide medical assistance to any such indi-
State elections made under paragraph (16) of ing such quarter shall be equal to 85 percent. In vidual under the State plan (or waiver of such
section 1902(e) of the Social Security Act (42 no case shall the application of the previous plan).
U.S.C. 1396a(e)), as added by subsection (a), sentence result in the Federal medical assistance ‘‘(2) SPECIAL APPLICATION RULES.—Any in-
during the 7-year period beginning on the 1st percentage applicable to amounts expended by a crease described in paragraph (1) (or payment
day of the 1st fiscal year quarter that begins at State for medical assistance for such qualifying made for expenditures on medical assistance
least one year after the date of the enactment of community-based mobile crisis intervention serv- that are subject to such increase)—
this Act. ices furnished during a quarter being less than ‘‘(A) shall not apply with respect to dispropor-
SEC. 3103. STATE OPTION TO PROVIDE QUALI- the Federal medical assistance percentage that tionate share hospital payments described in
FYING COMMUNITY-BASED MOBILE would apply to such amounts expended by the section 1923;
CRISIS INTERVENTION SERVICES. State for such services furnished during such ‘‘(B) shall not be taken into account in calcu-
Title XIX of the Social Security Act is amend- quarter without application of the previous sen- lating the enhanced FMAP of a State under sec-
ed by adding after section 1946 (42 U.S.C 1396w– tence. tion 2105;
5) the following new section: ‘‘(d) REQUIREMENTS.—The requirements de- ‘‘(C) shall not be taken into account for pur-
‘‘SEC. 1947. STATE OPTION TO PROVIDE QUALI- scribed in this paragraph are the following: poses of part A, D, or E of title IV; and
FYING COMMUNITY-BASED MOBILE ‘‘(1) The State demonstrates, to the satisfac- ‘‘(D) shall not be taken into account for pur-
CRISIS INTERVENTION SERVICES. tion of the Secretary that it will be able to sup- poses of applying payment limits under sub-
‘‘(a) IN GENERAL.—Notwithstanding section port the provision of qualifying community- sections (f) and (g) of section 1108.
1902(a)(1) (relating to Statewideness), section based mobile crisis intervention services that ‘‘(3) DEFINITION.—For purposes of this sub-
1902(a)(10)(B) (relating to comparability), sec- meet the conditions specified in subsection (b); section, the term ‘qualifying State’ means a
tion 1902(a)(23)(A) (relating to freedom of choice and State which has not expended amounts for all
of providers), or section 1902(a)(27) (relating to ‘‘(2) The State provides assurances satisfac- individuals described in section
provider agreements), a State may, during the 5- tory to the Secretary that— 1902(a)(10)(A)(i)(VIII) before the date of the en-
year period beginning on the first day of the ‘‘(A) any additional Federal funds received by actment of this subsection.’’.
first fiscal year quarter that begins on or after the State for qualifying community-based mobile SEC. 3105. EXTENSION OF 100 PERCENT FEDERAL
the date that is 1 year after the date of the en- crisis intervention services provided under this MEDICAL ASSISTANCE PERCENTAGE
actment of this section, provide medical assist- section that are attributable to the increased TO URBAN INDIAN HEALTH ORGANI-
ance for qualifying community-based mobile cri- Federal medical assistance percentage under ZATIONS AND NATIVE HAWAIIAN
sis intervention services under a State plan subsection (c) will be used to supplement, and HEALTH CARE SYSTEMS.
amendment or waiver approved under section not supplant, the level of State funds expended Section 1905(b) of the Social Security Act (42
1115 or subsection (b) or (c) of section 1915. for such services for the fiscal year preceding U.S.C. 1396d(b)) is amended by inserting after
‘‘(b) QUALIFYING COMMUNITY-BASED MOBILE the first fiscal quarter occurring during the pe- ‘‘(as defined in section 4 of the Indian Health
CRISIS INTERVENTION SERVICES DEFINED.—For riod described in subsection (a); Care Improvement Act)’’ the following: ‘‘; for
purposes of this section, the term ‘qualifying ‘‘(B) if the State made qualifying community- the 8 fiscal year quarters beginning with the
community-based mobile crisis intervention serv- based mobile crisis intervention services avail- first fiscal year quarter beginning after the date
ices’ means, with respect to a State, items and able in a region of the State in such fiscal year, of the enactment of the American Rescue Plan
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services for which medical assistance is avail- the State will continue to make such services Act of 2021, the Federal medical assistance per-
able under the State plan under this title or a available in such region under this section dur- centage shall also be 100 per centum with re-
waiver of such plan, that are— ing each month occurring during the period de- spect to amounts expended as medical assistance
‘‘(1) furnished to an individual otherwise eli- scribed in subsection (a) for which the Federal for services which are received through an
gible for medical assistance under the State plan medical assistance percentage under subsection Urban Indian organization (as defined in para-
(or waiver of such plan) who is— (c) is applicable with respect to the State. graph (29) of section 4 of the Indian Health
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H793
Care Improvement Act) that has a grant or con- (vii) Such other services specified by the Sec- ‘‘(ii) NO APPLICATION TO ALLOTMENTS BEGIN-
tract with the Indian Health Service under title retary of Health and Human Services. NING AFTER COVID–19 EMERGENCY PERIOD.—The
V of such Act; and, for such 8 fiscal year quar- (C) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible DSH allotment for any State for the first fiscal
ters, the Federal medical assistance percentage individual’’ means an individual who is eligible year beginning after the end of the emergency
shall also be 100 per centum with respect to for and enrolled for medical assistance under a period described in section 1135(g)(1)(B) or any
amounts expended as medical assistance for State Medicaid program and includes an indi- succeeding fiscal year shall be determined under
services which are received through a Native vidual who becomes eligible for medical assist- this paragraph without regard to the DSH allot-
Hawaiian Health Center (as defined in section ance under a State Medicaid program when re- ments determined under clause (i).’’.
12(4) of the Native Hawaiian Health Care Im- moved from a waiting list. (b) EFFECTIVE DATE.—The amendment made
provement Act) or a qualified entity (as defined (D) MEDICAID PROGRAM.—The term ‘‘Medicaid by subsection (a) shall take effect and apply as
in section 6(b) of such Act) that has a grant or program’’ means, with respect to a State, the if included in the enactment of the Families
contract with the Papa Ola Lokahi under sec- State program under title XIX of the Social Se- First Coronavirus Response Act (Public Law
tion 8 of such Act’’. curity Act (42 U.S.C. 1396 et seq.) (including any 116–127).
SEC. 3106. SUNSET OF LIMIT ON MAXIMUM RE- waiver or demonstration under such title or
under section 1115 of such Act (42 U.S.C. 1315) Subtitle C—Children’s Health Insurance
BATE AMOUNT FOR SINGLE SOURCE
DRUGS AND INNOVATOR MULTIPLE relating to such title). Program
SOURCE DRUGS. (E) STATE.—The term ‘‘State’’ has the mean- SEC. 3201. MANDATORY COVERAGE OF COVID–19
Section 1927(c)(2)(D) of the Social Security Act ing given such term for purposes of title XIX of VACCINES AND ADMINISTRATION
(42 U.S.C. 1396r–8(c)(2)(D)) is amended by in- the Social Security Act (42 U.S.C. 1396 et seq.). AND TREATMENT UNDER CHIP.
serting after ‘‘December 31, 2009,’’ the following: (b) STATE REQUIREMENTS FOR FMAP IN- (a) COVERAGE.—
‘‘and before January 1, 2023,’’. CREASE.—As conditions for receipt of the in- (1) IN GENERAL.—Section 2103(c) of the Social
SEC. 3107. ADDITIONAL SUPPORT FOR MEDICAID crease under subsection (a) to the Federal med- Security Act (42 U.S.C. 1397cc(c)) is amended by
HOME AND COMMUNITY-BASED ical assistance percentage determined for a adding at the end the following paragraph:
SERVICES DURING THE COVID–19 State, the State shall meet each of the following ‘‘(11) REQUIRED COVERAGE OF COVID–19 VAC-
EMERGENCY. requirements (referred to in subsection (a) as the CINES AND TREATMENT.—Regardless of the type
(a) INCREASED FMAP.— HCBS program requirements): of coverage elected by a State under subsection
(1) IN GENERAL.—Notwithstanding section (1) SUPPLEMENT, NOT SUPPLANT.—The State (a), the child health assistance provided for a
1905(b) of the Social Security Act (42 U.S.C. shall use the Federal funds attributable to the targeted low-income child, and, in the case of a
1396d(b)) or section 1905(ff), in the case of a increase under subsection (a) to supplement, State that elects to provide pregnancy-related
State that meets the HCBS program require- and not supplant, the level of State funds ex- assistance pursuant to section 2112, the preg-
ments under subsection (b), the Federal medical pended for home and community-based services nancy-related assistance provided for a targeted
assistance percentage determined for the State for eligible individuals through programs in ef- low-income pregnant woman (as such terms are
under section 1905(b) of such Act (or, if applica- fect as of April 1, 2021. defined for purposes of such section), shall in-
ble, under section 1905(ff)) and, if applicable, (2) REQUIRED IMPLEMENTATION OF CERTAIN clude coverage, during the period beginning on
increased under subsection (y), (z), (aa), or (ii) ACTIVITIES.—The State shall implement, or sup- the date of the enactment of this paragraph and
of section 1905 of such Act (42 U.S.C. 1396d), sec- plement the implementation of, one or more ac- ending on the last day of the first calendar
tion 1915(k) of such Act (42 U.S.C. 1396n(k)), or tivities to enhance, expand, or strengthen home quarter that begins at least one year after the
section 6008(a) of the Families First Coronavirus and community-based services under the State last day of the emergency period described in
Response Act (Public Law 116–127), shall be in- Medicaid program. section 1135(g)(1)(B), of—
creased by 7.35 percentage points with respect to SEC. 3108. FUNDING FOR STATE STRIKE TEAMS ‘‘(A) a COVID–19 vaccine (and the adminis-
expenditures of the State under the State Med- FOR RESIDENT AND EMPLOYEE tration of the vaccine); and
icaid program for home and community-based SAFETY IN NURSING FACILITIES. ‘‘(B) testing and treatments for COVID-19, in-
services (as defined in paragraph (2)(B)) that Section 1919 of the Social Security Act (42 cluding specialized equipment and therapies (in-
are provided during the HCBS program improve- U.S.C. 1396r) is amended by adding at the end cluding preventive therapies), and, in the case
ment period (as defined in paragraph (2)(A)). In the following new subsection: of an individual who is diagnosed with or pre-
no case may the application of the previous sen- ‘‘(k) FUNDING FOR STATE STRIKE TEAMS.—In sumed to have COVID–19, during the period
tence result in the Federal medical assistance addition to amounts otherwise available, there during which such individual has (or is pre-
percentage determined for a State being more is appropriated to the Secretary, out of any
than 95 percent with respect to such expendi- sumed to have) COVID–19, the treatment of a
monies in the Treasury not otherwise appro- condition that may seriously complicate the
tures. Any payment made to Puerto Rico, the priated, $250,000,000, to remain available until
Virgin Islands, Guam, the Northern Mariana Is- treatment of COVID–19, if otherwise covered
expended, for purposes of allocating such under the State child health plan (or waiver of
lands, or American Samoa for expenditures on amount among the States (including the District
medical assistance that are subject to the Fed- such plan).’’.
of Columbia and each territory of the United (2) PROHIBITION OF COST SHARING.—Section
eral medical assistance percentage increase States) for such a State to establish and imple-
specified under the first sentence of this para- 2103(e)(2) of the Social Security Act (42 U.S.C.
ment a strike team that will be deployed to a 1397cc(e)(2)), as amended by section 6004(b)(3) of
graph shall not be taken into account for pur- nursing facility in the State with diagnosed or
poses of applying payment limits under sub- the Families First Coronavirus Response Act, is
suspected cases of COVID–19 among residents or amended—
sections (f) and (g) of section 1108 of the Social staff for the purposes of assisting with clinical
Security Act (42 U.S.C. 1308). (A) in the paragraph header, by inserting ‘‘A
care, infection control, or staffing during the COVID–19 VACCINE, COVID–19 TREATMENT,’’ before
(2) DEFINITIONS.—In this section: emergency period described in section
(A) HCBS PROGRAM IMPROVEMENT PERIOD.— ‘‘OR PREGNANCY-RELATED ASSISTANCE’’; and
1135(g)(1)(B).’’. (B) by striking ‘‘visits described in section
The term ‘‘HCBS program improvement period’’
SEC. 3109. SPECIAL RULE FOR THE PERIOD OF A
means, with respect to a State, the period— 1916(a)(2)(G), or’’ and inserting ‘‘services de-
DECLARED PUBLIC HEALTH EMER-
(i) beginning on April 1, 2021; and GENCY RELATED TO CORONAVIRUS. scribed in section 1916(a)(2)(G), vaccines de-
(ii) ending on March 31, 2022. scribed in section 1916(a)(2)(H) administered
(B) HOME AND COMMUNITY-BASED SERVICES.— (a) IN GENERAL.—Section 1923(f)(3) of the So-
cial Security Act (42 U.S.C. 1396r-4(f)(3)) is during the period described in such section (and
The term ‘‘home and community-based services’’ the administration of such vaccines), testing or
means any of the following: amended—
(1) in subparagraph (A), by striking ‘‘sub- treatments described in section 1916(a)(2)(I) fur-
(i) Home health care services authorized under nished during the period described in such sec-
paragraph (7) of section 1905(a) of the Social Se- paragraph (E)’’ and inserting ‘‘subparagraphs
(E) and (F)’’ ; and tion, or’’.
curity Act (42 U.S.C. 1396d(a)). (b) TEMPORARY INCREASE IN FEDERAL PAY-
(ii) Personal care services authorized under (2) by adding at the end the following new
subparagraph: MENTS FOR COVERAGE AND ADMINISTRATION OF
paragraph (24) of such section.
‘‘(F) ALLOTMENTS DURING THE CORONAVIRUS COVID–19 VACCINES.—Section 2105(c) of the So-
(iii) PACE services authorized under para-
TEMPORARY MEDICAID FMAP INCREASE.— cial Security Act (42 U.S.C. 1397ee(c)) is amend-
graph (26) of such section.
(iv) Home and community-based services au- ‘‘(i) IN GENERAL.—Notwithstanding any other ed by adding at the end the following new para-
thorized under subsections (b), (c), (i), (j), and provision of this subsection, for any fiscal year graph:
(k) of section 1915 of such Act (42 U.S.C. 1396n), for which the Federal medical assistance per- ‘‘(12) TEMPORARY ENHANCED PAYMENT FOR
such services authorized under a waiver under centage applicable to expenditures under this COVERAGE AND ADMINISTRATION OF COVID–19
section 1115 of such Act (42 U.S.C. 1315), and section is increased pursuant to section 6008 of VACCINES.—During the period described in sec-
such services through coverage authorized the Families First Coronavirus Response Act, tion 1905(hh)(2), notwithstanding subsection (b),
under section 1937 of such Act (42 U.S.C. 1396u– the Secretary shall recalculate the annual DSH the enhanced FMAP for a State, with respect to
7). allotment, including the DSH allotment speci- payments under subsection (a) for expenditures
(v) Case management services authorized fied under paragraph (6)(A)(vi), to ensure that under the State child health plan (or a waiver
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under section 1905(a)(19) of the Social Security the total DSH payments (including both Federal of such plan) for a vaccine described in section
Act (42 U.S.C. 1396d(a)(19)) and section 1915(g) and State shares) that a State may make related 1905(a)(4)(E) (and the administration of such a
of such Act (42 U.S.C. 1396n(g)). to a fiscal year is equal to the total DSH pay- vaccine), shall be equal to 100 percent.’’.
(vi) Rehabilitative services, including those re- ments that the State could have made for such (c) ADJUSTMENT OF CHIP ALLOTMENTS.—Sec-
lated to behavioral health, described in section fiscal year without such increase to the Federal tion 2104(m) of the Social Security Act (42 U.S.C.
1905(a)(13) of such Act (42 U.S.C. 1396d(a)(13)). medical assistance percentage. 1397dd(m)) is amended—
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H794 CONGRESSIONAL RECORD — HOUSE February 26, 2021
(1) in paragraph (2)(B), in the matter pre- U.S.C. 1396a(e)), as added by section 3102(a) of with income equal or less than 150 percent of the
ceding clause (i), by striking ‘‘paragraphs (5) subtitle B of this title, during the 7-year period Federal poverty line; and
and (7)’’ and inserting ‘‘paragraphs (5), (7), and beginning on the 1st day of the 1st fiscal year (B) the percentage of households in the State,
(12)’’; and quarter that begins at least one year after the or under the jurisdiction of the Indian Tribe,
(2) by adding at the end the following new date of the enactment of this Act. that spend more than 30 percent of monthly in-
paragraph: Subtitle D—Other Provisions come on housing; and
‘‘(12) ADJUSTING ALLOTMENTS TO ACCOUNT FOR (2) reserve up to 3 percent of the amount ap-
CHAPTER 1—ENSURING ENVIRONMENTAL
INCREASED FEDERAL PAYMENTS FOR COVERAGE
HEALTH AND RATEPAYER PROTECTION propriated in this section for Indian Tribes and
AND ADMINISTRATION OF COVID–19 VACCINES.—If tribal organizations.
DURING THE PANDEMIC
a State, commonwealth, or territory receives CHAPTER 2—DISTANCE LEARNING AND
SEC. 3301. FUNDING FOR POLLUTION AND DIS-
payment for a fiscal year (beginning with fiscal CONSUMER PROTECTION DURING THE
PARATE IMPACTS OF THE COVID–19
year 2021) under subsection (a) of section 2105 PANDEMIC. COVID–19 PANDEMIC
for expenditures that are subject to the en- (a) IN GENERAL.—In addition to amounts oth- SEC. 3311. FUNDING FOR CONSUMER PRODUCT
hanced FMAP specified under subsection (c)(12) erwise available, there is appropriated to the SAFETY FUND TO PROTECT CON-
of such section, the amount of the allotment de- Environmental Protection Agency for fiscal year SUMERS FROM POTENTIALLY DAN-
termined for the State, commonwealth, or terri- 2021, out of any money in the Treasury not oth- GEROUS PRODUCTS RELATED TO
tory under this subsection— COVID–19.
erwise appropriated, $100,000,000, to remain
‘‘(A) for such fiscal year shall be increased by (a) APPROPRIATION.—In addition to amounts
available until expended, to address health out-
the projected expenditures for such year by the otherwise available, there is appropriated to the
come disparities from pollution and the COVID–
State, commonwealth, or territory under the Consumer Product Safety Commission for fiscal
19 pandemic, of which—
State child health plan (or a waiver of such (1) $50,000,000, shall be for grants, contracts, year 2021, out of any money in the Treasury not
plan) for vaccines described in section and other agency activities that identify and otherwise appropriated, $50,000,000, to remain
1905(a)(4)(E) (and the administration of such address disproportionate environmental or pub- available until September 30, 2026, for the pur-
vaccines); and lic health harms and risks in minority popu- poses described in subsection (b).
‘‘(B) once actual expenditures are available in (b) PURPOSES.—The funds made available in
lations or low-income populations under—
the subsequent fiscal year, the fiscal year allot- (A) section 103(b) of the Clean Air Act (42 subsection (a) shall only be used for purposes of
ment that was adjusted by the amount described U.S.C. 7403(b)); the Consumer Product Safety Commission to—
in subparagraph (A) shall be adjusted on the (B) section 1442 of the Safe Drinking Water (1) carry out the requirements in title XX of
basis of the difference between— Act (42 U.S.C. 300j–1); division FF of the Consolidated Appropriations
‘‘(i) such projected amount of expenditures de- (C) section 104(k)(7)(A) of the Comprehensive Act, 2021 (Public Law 116–260);
scribed in subparagraph (A) for such fiscal year Environmental Response, Compensation, and (2) enhance targeting, surveillance, and
described in such subparagraph by the State, Liability Act of 1980 (42 U.S.C. 9604(k)(7)(A)); screening of consumer products, particularly
commonwealth, or territory; and and COVID–19 products, entering the United States
‘‘(ii) the actual amount of expenditures for (D) sections 791 through 797 of the Energy at ports of entry, including ports of entry for de
such fiscal year described in subparagraph (A) Policy Act of 2005 (42 U.S.C. 16131 through minimis shipments;
by the State, commonwealth, or territory under 16137); and (3) enhance monitoring of internet websites
the State child health plan (or waiver of such (2) $50,000,000 shall be for grants and activi- for the offering for sale of new and used viola-
plan) for vaccines described in section ties authorized under subsections (a) through tive consumer products, particularly COVID–19
1905(a)(4)(E) (and the administration of such (c) of section 103 of the Clean Air Act (42 U.S.C. products, and coordination with retail and re-
vaccines).’’. 7403) and grants and activities authorized under sale websites to improve identification and elimi-
SEC. 3202. MODIFICATIONS TO CERTAIN COV- section 105 of such Act (42 U.S.C. 7405). nation of listings of such products;
ERAGE UNDER CHIP FOR PREGNANT (b) ADMINISTRATION OF FUNDS.— (4) increase awareness and communication
AND POSTPARTUM WOMEN. (1) Of the funds made available pursuant to particularly of COVID–19 product related risks
(a) MODIFICATIONS TO COVERAGE.— subsection (a)(1), the Administrator shall reserve and other consumer product safety information;
(1) IN GENERAL.—Section 2107(e)(1) of the So- 2 percent for administrative costs necessary to and
cial Security Act (42 U.S.C. 1397gg(e)(1)) is carry out activities funded pursuant to such (5) improve the Commission’s data collection
amended— subsection. and analysis system especially with a focus on
(A) by redesignating subparagraphs (J) (2) Of the funds made available pursuant to consumer product safety risks resulting from the
through (S) as subparagraphs (K) through (T), subsection (a)(2), the Administrator shall reserve COVID–19 pandemic to socially disadvantaged
respectively; and 5 percent for activities funded pursuant to such individuals and other vulnerable populations.
(B) by inserting after subparagraph (I) the subsection other than grants. (c) DEFINITIONS.—In this section—
following new subparagraph: SEC. 3302. FUNDING FOR LIHEAP. (1) the term ‘‘Commission’’ means the Con-
‘‘(J) Paragraphs (5) and (16) of section 1902(e) In addition to amounts otherwise available, sumer Product Safety Commission;
(relating to the State option to provide medical there is appropriated for fiscal year 2021, out of (2) the term ‘‘violative consumer products’’
assistance consisting of full benefits during any amounts in the Treasury not otherwise ap- means consumer products in violation of an ap-
pregnancy and throughout the 12-month propriated, $4,500,000,000, to remain available plicable consumer product safety standard
postpartum period under title XIX, but only if through September 30, 2022, for additional fund- under the Consumer Product Safety Act (15
the State has elected to apply such paragraph ing to provide payments under section 2602(b) of U.S.C. 2051 et seq.) or any similar rule, regula-
(16) with respect to pregnant women under title the Low-Income Home Energy Assistance Act of tion, standard, or ban under any other Act en-
XIX), if the State provides child health assist- 1981 (42 U.S.C. 8621(b)), except that— forced by the Commission;
ance for targeted low-income children who are (1) $2,250,000,000 of such amounts shall be al- (3) the term ‘‘COVID–19 emergency period’’
pregnant or to targeted low-income pregnant located as though the total appropriation for means the period during which a public health
women and the State has elected to apply such such payments for fiscal year 2021 was less than emergency declared pursuant to section 319 of
paragraph (16) with respect to pregnant women $1,975,000,000; and the Public Health Service Act (42 U.S.C. 247d)
under title XIX, the provision of assistance (2) section 2607(b)(2)(B) of such Act (42 U.S.C. with respect to the 2019 novel coronavirus
under the State child health plan or waiver for 8626(b)(2)(B)) shall not apply to funds appro- (COVID–19), including under any renewal of
targeted low-income children or targeted low-in- priated under this section for fiscal year 2021. such declaration, is in effect; and
come pregnant women during pregnancy and SEC. 3303. FUNDING FOR WATER ASSISTANCE (4) the term ‘‘COVID–19 products’’ means con-
the 12-month postpartum period shall be re- PROGRAM. sumer products, as defined by section 3(a)(5) of
quired and not at the option of the State and (a) IN GENERAL.—In addition to amounts oth- the Consumer Product Safety Act (15 U.S.C.
shall include coverage of all items or services erwise available, there is appropriated to the 2052(a)(5)), whose risks have been significantly
provided to a targeted low-income child or tar- Secretary of Health and Human Services for fis- affected by COVID–19 or whose sales have mate-
geted low-income pregnant woman (as applica- cal year 2021, out of any amounts in the Treas- rially increased during the COVID–19 emer-
ble) under the State child health plan or waiv- ury not otherwise appropriated, $500,000,000, to gency period as a result of the COVID–19 pan-
er)..’’. remain available until expended, for grants to demic.
(2) OPTIONAL COVERAGE OF TARGETED LOW-IN- States and Indian Tribes to assist low-income SEC. 3312. FUNDING FOR E-RATE SUPPORT FOR
COME PREGNANT WOMEN.—Section 2112(d)(2)(A) households, particularly those with the lowest EMERGENCY EDUCATIONAL CON-
of the Social Security Act (42 U.S.C. incomes, that pay a high proportion of house- NECTIONS AND DEVICES.
1397ll(d)(2)(A)) is amended by inserting after hold income for drinking water and wastewater (a) REGULATIONS REQUIRED.—Not later than
‘‘60-day period’’ the following: ‘‘, or, in the case services, by providing funds to owners or opera- 60 days after the date of the enactment of this
that subparagraph (A) of section 1902(e)(16) ap- tors of public water systems or treatment works Act, the Commission shall promulgate regula-
plies to the State child health plan (or waiver of to reduce arrearages of and rates charged to tions providing for the provision, from amounts
dlhill on DSK120RN23PROD with House
such plan), pursuant to section 2107(e)(1), the such households for such services. made available from the Emergency
12-month period,’’. (b) ALLOTMENT.—The Secretary shall— Connectivity Fund, of support under para-
(b) EFFECTIVE DATE.—The amendments made (1) allot amounts appropriated in this section graphs (1)(B) and (2) of section 254(h) of the
by subsection (a), shall apply with respect to to a State or Indian Tribe based on— Communications Act of 1934 (47 U.S.C. 254(h)) to
State elections made under paragraph (16) of (A) the percentage of households in the State, an eligible school or library, for the purchase
section 1902(e) of the Social Security Act (42 or under the jurisdiction of the Indian Tribe, during a COVID–19 emergency period of eligible
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H795
equipment or advanced telecommunications and (D) Devices that combine a modem and router. to COVID–19, and any materials, manufac-
information services (or both), for use by— (E) Connected devices. turing machinery, additional manufacturing or
(1) in the case of a school, students and staff (7) ELIGIBLE SCHOOL OR LIBRARY.—The term fill-finish lines or facilities, technology, or
of the school at locations that include locations ‘‘eligible school or library’’ means an elementary equipment (including durable medical equip-
other than the school; and school, secondary school, or library (including a ment) necessary to produce or use such drugs,
(2) in the case of a library, patrons of the li- Tribal elementary school, Tribal secondary biological products, or devices (including sy-
brary at locations that include locations other school, or Tribal library) eligible for support ringes, vials, or other supplies or equipment re-
than the library. under paragraphs (1)(B) and (2) of section lated to delivery, distribution, or administra-
(b) SUPPORT AMOUNT.—In providing support 254(h) of the Communications Act of 1934 (47 tion).
under the covered regulations, the Commission U.S.C. 254(h)). (2) RESPONDING TO PUBLIC HEALTH EMER-
shall reimburse 100 percent of the costs associ- (8) EMERGENCY CONNECTIVITY FUND.—The GENCIES.—After September 30, 2022, amounts ap-
ated with the eligible equipment, advanced tele- term ‘‘Emergency Connectivity Fund’’ means propriated in subsection (a) may be used for any
communications and information services, or eli- the fund established under subsection (c)(1). activity authorized by paragraph (1), or any
gible equipment and advanced telecommuni- (9) LIBRARY.—The term ‘‘library’’ includes a other activity necessary to meet critical public
cations and information services, except that library consortium. health needs of the United States, with respect
any reimbursement of a school or library for the (10) WI-FI.—The term ‘‘Wi-Fi’’ means a wire- to any pathogen that the President has deter-
costs associated with any eligible equipment less networking protocol based on Institute of mined has the potential for creating a public
may not exceed an amount that the Commission Electrical and Electronics Engineers standard health emergency.
determines, with respect to the request by the 802.11 (or any successor standard). Subtitle B—Housing Provisions
school or library for the reimbursement, is rea- (11) WI-FI HOTSPOT.—The term ‘‘Wi-Fi SEC. 4101. EMERGENCY RENTAL ASSISTANCE.
sonable. hotspot’’ means a device that is capable of—
(c) EMERGENCY CONNECTIVITY FUND.— (a) FUNDING.—
(A) receiving advanced telecommunications
(1) ESTABLISHMENT.—There is established in (1) APPROPRIATION.—In addition to amounts
and information services; and
the Treasury of the United States a fund to be otherwise available, there is appropriated to the
(B) sharing such services with a connected de-
known as the ‘‘Emergency Connectivity Fund’’. Secretary of the Treasury for fiscal year 2021,
vice through the use of Wi-Fi.
(2) APPROPRIATION.—In addition to amounts out of any money in the Treasury not otherwise
CHAPTER 3—OVERSIGHT OF DEPARTMENT appropriated, $20,250,000,000, to remain avail-
otherwise available, there is appropriated to the
OF COMMERCE PREVENTION AND RE- able until September 30, 2027, for making pay-
Emergency Connectivity Fund for fiscal year
SPONSE TO COVID–19 ments to eligible grantees under this section—
2021, out of any money in the Treasury not oth-
erwise appropriated— SEC. 3321. FUNDING FOR DEPARTMENT OF COM- (2) RESERVATION OF FUNDS.—Of the amount
(A) $7,599,000,000, to remain available until MERCE INSPECTOR GENERAL. appropriated under paragraph (1), the Secretary
September 30, 2030, for— In addition to amounts otherwise available, shall reserve—
(i) the provision of support under the covered there is appropriated to the Office of the Inspec- (A) $305,000,000 for making payments under
regulations; and tor General of the Department of Commerce for this section to the Commonwealth of Puerto
(ii) the Commission to adopt, and the Commis- fiscal year 2021, out of any money in the Treas- Rico, the United States Virgin Islands, Guam,
sion and the Universal Service Administrative ury not otherwise appropriated, $3,000,000, to the Commonwealth of the Northern Mariana Is-
Company to administer, the covered regulations; remain available until September 30, 2022, for lands, and American Samoa;
and oversight of activities supported with funds ap- (B) $30,000,000 for costs of the Secretary for
(B) $1,000,000, to remain available until Sep- propriated to the Department of Commerce to the administration of emergency rental assist-
tember 30, 2030, for the Inspector General of the prevent, prepare for, and respond to COVID–19. ance programs and technical assistance to re-
Commission to conduct oversight of support pro- TITLE IV—COMMITTEE ON FINANCIAL cipients of any grants made by the Secretary to
vided under the covered regulations. SERVICES provide financial and other assistance to rent-
(3) LIMITATION.—Not more than 2 percent of ers;
Subtitle A—Defense Production Act of 1950 (C) $3,000,000 for administrative expenses of
the amount made available under paragraph
(2)(A) may be used for the purposes described in SEC. 4001. COVID–19 EMERGENCY MEDICAL SUP- the Inspector General relating to oversight of
PLIES ENHANCEMENT. funds provided in this section; and
clause (ii) of such paragraph.
(4) RELATIONSHIP TO UNIVERSAL SERVICE CON- (a) SUPPORTING ENHANCED USE OF THE DE- (D) $1,200,000,000 for payments to high-need
TRIBUTIONS.—Support provided under the cov- FENSE PRODUCTION ACT OF 1950.—In addition to grantees as provided in this section.
ered regulations shall be provided from amounts funds otherwise available, there is appropriated, (b) ALLOCATION FOR RENTAL AND UTILITY AS-
made available from the Emergency for fiscal year 2021, out of any money in the SISTANCE.—
Connectivity Fund and not from contributions Treasury not otherwise appropriated, (1) ALLOCATION FOR STATES AND UNITS OF
under section 254(d) of the Communications Act $10,000,000,000, notwithstanding section 304(e) of LOCAL GOVERNMENT.—
of 1934 (47 U.S.C. 254(d)). the Defense Production Act of 1950 (50 U.S.C. (A) IN GENERAL.—The amount appropriated
(d) DEFINITIONS.—In this section: 4534(e)), to remain available until September 30, under paragraph (1) of subsection (a) that re-
(1) ADVANCED TELECOMMUNICATIONS AND IN- 2025, to carry out titles I, III, and VII of such mains after the application of paragraph (2) of
FORMATION SERVICES.—The term ‘‘advanced Act in accordance with subsection (b). such subsection shall be allocated to eligible
telecommunications and information services’’ (b) MEDICAL SUPPLIES AND EQUIPMENT.— grantees described in subparagraphs (A) and (B)
means advanced telecommunications and infor- (1) TESTING, PPE, VACCINES, AND OTHER MATE- of subsection (f)(1) in the same manner as the
mation services, as such term is used in section RIALS.—Except as provided in paragraph (2), amount appropriated under section 501 of sub-
254(h) of the Communications Act of 1934 (47 amounts appropriated in subsection (a) shall be title A of title V of division N of the Consoli-
U.S.C. 254(h)). used for the purchase, production (including the dated Appropriations Act, 2021 (Public Law 116–
(2) COMMISSION.—The term ‘‘Commission’’ construction, repair, and retrofitting of govern- 260) is allocated to States and units of local gov-
means the Federal Communications Commission. ment-owned or private facilities as necessary), ernment under subsection (b)(1) of such section,
(3) CONNECTED DEVICE.—The term ‘‘connected or distribution of medical supplies and equip- except that section 501(b) of such subtitle A
device’’ means a laptop computer, tablet com- ment (including durable medical equipment) re- shall be applied—
puter, or similar end-user device that is capable lated to combating the COVID–19 pandemic, in- (i) without regard to clause (i) of paragraph
of connecting to advanced telecommunications cluding— (1)(A);
and information services. (A) in vitro diagnostic products for the detec- (ii) by deeming the amount appropriated
(4) COVERED REGULATIONS.—The term ‘‘cov- tion of SARS-CoV-2 or the diagnosis of the virus under paragraph (1) of subsection (a) of this Act
ered regulations’’ means the regulations promul- that causes COVID–19, and the reagents and that remains after the application of paragraph
gated under subsection (a). other materials necessary for producing, con- (2) of such subsection to be the amount deemed
(5) COVID–19 EMERGENCY PERIOD.—The term ducting, or administering such products, and to apply for purposes of applying clause (ii) of
‘‘COVID–19 emergency period’’ means a period the machinery, equipment, laboratory capacity, section 501(b)(1)(A) of such subtitle A;
that— or other technology necessary to produce such (iii) by substituting ‘‘$152,000,000’’ for
(A) begins on the date of a determination by products; ‘‘$200,000,000’’ each place such term appears;
the Secretary of Health and Human Services (B) face masks and personal protective equip- (iv) in subclause (I) of such section
pursuant to section 319 of the Public Health ment, including face shields, nitrile gloves, N–95 501(b)(1)(A)(v), by substituting ‘‘under section
Service Act (42 U.S.C. 247d) that a public health filtering facepiece respirators, and any other 4101 of the American Rescue Plan Act of 2021’’
emergency exists as a result of COVID–19; and masks or equipment (including durable medical for ‘‘under section 501 of subtitle A of title V of
(B) ends on the June 30 that first occurs after equipment) needed to respond to the COVID–19 division N of the Consolidated Appropriations
the date that is 1 year after the date on which pandemic, and the materials, machinery, addi- Act, 2021’’; and
such determination (including any renewal tional manufacturing lines or facilities, or other (v) in subclause (II) of such section
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thereof) terminates. technology necessary to produce such equip- 501(b)(1)(A)(v), by substituting ‘‘local govern-
(6) ELIGIBLE EQUIPMENT.—The term ‘‘eligible ment; and ment elects to receive funds from the Secretary
equipment’’ means the following: (C) drugs, devices, and biological products under section 4101 of the American Rescue Plan
(A) Wi-Fi hotspots. that are approved, cleared, licensed, or author- Act of 2021 and will use the funds in a manner
(B) Modems. ized under either of such Acts for use in treating consistent with such section’’ for ‘‘local govern-
(C) Routers. or preventing COVID–19 and symptoms related ment elects to receive funds from the Secretary
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H796 CONGRESSIONAL RECORD — HOUSE February 26, 2021
under section 501 of subtitle A of title V of divi- may be used to provide case management and (C) the household is a low-income family (as
sion N of the Consolidated Appropriations Act, other services intended to help keep households such term is defined in section 3(b) of the United
2021 and will use the funds in a manner con- stably housed. States Housing Act of 1937 (42 U.S.C. 1437a(b)).
sistent with such section’’. (C) ADMINISTRATIVE COSTS.—Not more than 15 (3) INSPECTOR GENERAL.—The term ‘‘Inspector
(B) PRO RATA ADJUSTMENT.—The Secretary percent of the total amount paid to an eligible General’’ means the Inspector General of the
shall make pro rata adjustments in the amounts grantee under this section may be used for ad- Department of the Treasury.
of the allocations determined under subpara- ministrative costs attributable to providing fi- (4) SECRETARY.—The term ‘‘Secretary’’ means
graph (A) of this paragraph for entities de- nancial assistance, housing stability services, the Secretary of the Treasury.
scribed in such subparagraph as necessary to and other affordable rental housing and evic- (5) UNIT OF LOCAL GOVERNMENT.—The term
ensure that the total amount of allocations tion prevention activities, including for data ‘‘unit of local government’’ has the meaning
made pursuant to such subparagraph does not collection and reporting requirements related to given such term in section 501 of subtitle A of
exceed the remainder appropriated amount de- such funds. title V of division N of the Consolidated Appro-
scribed in such subparagraph. (D) OTHER AFFORDABLE RENTAL HOUSING AND priations Act, 2021 (Public Law 116–260).
(2) ALLOCATIONS FOR TERRITORIES.—The EVICTION PREVENTION ACTIVITIES.—An eligible (g) AVAILABILITY.—Funds provided to an eli-
amount reserved under subsection (a)(2)(A) grantee may use any funds from payments made gible grantee under a payment made under this
shall be allocated to eligible grantees described under this section that are unobligated on Octo- section shall remain available through Sep-
in subsection (f)(1)(C) in the same manner as ber 1, 2022, for purposes in addition to those tember 30, 2025.
the amount appropriated under section specified in this paragraph, provided that— (h) EXTENSION OF AVAILABILITY UNDER PRO-
501(a)(2)(A) of subtitle A of title V of division N (i) such other purposes are affordable housing GRAM FOR EXISTING FUNDING.—Paragraph (1) of
of the Consolidated Appropriations Act, 2021 purposes, as defined by the Secretary, serving section 501(e) of subtitle A of title V of division
(Public Law 116–260) is allocated under section very low-income families (as such term is de- N of the Consolidated Appropriations Act, 2021
501(b)(3) of such subtitle A to eligible grantees fined in section 3(b) of the United States Hous- (Public Law 116–260) is amended by striking
under subparagraph (C) of such section ing Act of 1937 (42 U.S.C. 1437a(b))); and ‘‘December 31, 2021’’ and inserting ‘‘September
501(b)(3), except that section 501(b)(3) of such (ii) prior to obligating any funds for such pur- 30, 2022’’.
subtitle A shall be applied— poses, the eligible grantee has obligated not less SEC. 4102. EMERGENCY HOUSING VOUCHERS.
(A) in subparagraph (A), by inserting ‘‘of this than 75 percent of the total funds allocated to (a) APPROPRIATION.—In addition to amounts
Act’’ after ‘‘the amount reserved under sub- such eligible grantee in accordance with this otherwise available, there is appropriated to the
section (a)(2)(A)’’; and section. Secretary of Housing and Urban Development
(B) in clause (i) of subparagraph (B), by sub- (2) DISTRIBUTION OF ASSISTANCE.—Amounts (in this section referred to as the ‘‘Secretary’’)
stituting ‘‘the amount equal to 0.3 percent of the appropriated under subsection (a)(1) of this sec- for fiscal year 2021, out of any money in the
amount appropriated under subsection (a)(1)’’ tion shall be subject to the same terms and con- Treasury not otherwise appropriated,
with ‘‘the amount equal to 0.3 percent of the ditions that apply under paragraph (4) of sec- $5,000,000,000, to remain available until Sep-
amount appropriated under subsection (a)(1) of tion 501(c) of subtitle A of title V of division N tember 30, 2030, for—
this Act’’. of the Consolidated Appropriations Act, 2021 (1) incremental emergency vouchers under
(3) HIGH-NEED GRANTEES.—The Secretary shall (Public Law 116–260) to amounts appropriated subsection (b);
allocate funds reserved under subsection under subsection (a)(1) of such section 501. (2) renewals of the vouchers under subsection
(a)(2)(D) to eligible grantees with a high need (e) REALLOCATION OF FUNDS.— (b);
for assistance under this section as evidenced by (1) IN GENERAL.—Beginning March 31, 2022, (3) fees for the costs of administering vouchers
the number of very low-income renter house- the Secretary shall reallocate funds allocated to under subsection (b) and other eligible expenses
holds paying more than 50 percent of income on eligible grantees in accordance with subsection defined by notice to prevent, prepare, and re-
rent or living in substandard or overcrowded (b) but not yet paid in accordance with sub- spond to coronavirus to facilitate the leasing of
conditions, rental market costs, and employment section (c)(2) according to a procedure estab- the emergency vouchers, such as security de-
trends. lished by the Secretary. posit assistance and other costs related to reten-
(c) PAYMENT SCHEDULE.— (2) ELIGIBILITY FOR REALLOCATED FUNDS.— tion and support of participating owners; and
(1) IN GENERAL.—The Secretary shall pay all The Secretary shall require an eligible grantee (4) adjustments in the calendar year 2021 sec-
eligible grantees not less than 40 percent of each to have obligated 50 percent of the total amount tion 8 renewal funding allocation, including
such eligible grantee’s total allocation provided of funds allocated to such eligible grantee under mainstream vouchers, for public housing agen-
under subsection (b) within 60 days of enact- subsection (b) to be eligible to receive funds re- cies that experience a significant increase in
ment of this Act. allocated under paragraph (1) of this sub- voucher per-unit costs due to extraordinary cir-
(2) SUBSEQUENT PAYMENTS.—The Secretary section. cumstances or that, despite taking reasonable
shall pay to eligible grantees additional (3) PAYMENT OF REALLOCATED FUNDS BY THE cost savings measures, would otherwise be re-
amounts in tranches up to the full amount of SECRETARY.—The Secretary shall pay to each el- quired to terminate rental assistance for families
each such eligible grantee’s total allocation in igible grantee eligible for a payment of reallo- as a result of insufficient funding.
accordance with a procedure established by the cated funds described in paragraph (2) of this (b) EMERGENCY VOUCHERS.—
Secretary, provided that any such procedure es- subsection the amount allocated to such eligible (1) IN GENERAL.—The Secretary shall provide
tablished by the Secretary shall require that an grantee in accordance with the procedure estab- emergency rental assistance vouchers under
eligible grantee must have obligated not less lished by the Secretary in accordance with subsection (a), which shall be tenant-based
than 75 percent of the funds already disbursed paragraph (2) of this subsection. rental assistance under section 8(o) of the
by the Secretary pursuant to this section prior (4) USE OF REALLOCATED FUNDS.—Eligible United States Housing Act of 1937 (42 U.S.C.
to disbursement of additional amounts. grantees may use any funds received in accord- 1437f(o)).
(d) USE OF FUNDS.— ance with this subsection only for purposes (2) QUALIFYING INDIVIDUALS OR FAMILIES DE-
(1) IN GENERAL.—An eligible grantee shall specified in paragraph (1) of subsection (d). FINED.—For the purposes of this section, quali-
only use the funds provided from payments (f) DEFINITIONS.—In this section: fying individuals or families are those who are—
made under this section as follows: (1) ELIGIBLE GRANTEE.—The term ‘‘eligible (A) homeless (as such term is defined in sec-
(A) FINANCIAL ASSISTANCE.— grantee’’ means any of the following: tion 103(a) of the McKinney-Vento Homeless As-
(i) IN GENERAL.—Subject to clause (ii) of this (A) The 50 States of the United States and the sistance Act (42 U.S.C. 11302(a));
subparagraph, funds received by an eligible District of Columbia. (B) at risk of homelessness (as such term is de-
grantee from payments made under this section (B) A unit of local government (as defined in fined in section 401(1) of the McKinney-Vento
shall be used to provide financial assistance to paragraph (5)). Homeless Assistance Act (42 U.S.C. 11360(1)));
eligible households, not to exceed 18 months, in- (C) The Commonwealth of Puerto Rico, the (C) fleeing, or attempting to flee, domestic vio-
cluding the payment of— United States Virgin Islands, Guam, the Com- lence, dating violence, sexual assault, stalking,
(I) rent; monwealth of the Northern Mariana Islands, or human trafficking, as defined by the Sec-
(II) rental arrears; and American Samoa. retary; or
(III) utilities and home energy costs; (2) ELIGIBLE HOUSEHOLD.—The term ‘‘eligible (D) recently homeless, as determined by the
(IV) utilities and home energy costs arrears; household’’ means a household of 1 or more in- Secretary, and for whom providing rental assist-
and dividuals who are obligated to pay rent on a ance will prevent the family’s homelessness or
(V) other expenses related to housing, as de- residential dwelling and with respect to which having high risk of housing instability.
fined by the Secretary. the eligible grantee involved determines that— (3) ALLOCATION.—The Secretary shall notify
(ii) LIMITATION.—The aggregate amount of fi- (A) 1 or more individuals within the house- public housing agencies of the number of emer-
nancial assistance an eligible household may re- hold has— gency vouchers provided under this section to be
ceive under this section, when combined with fi- (i) qualified for unemployment benefits; or allocated to the agency not later than 60 days
nancial assistance provided under section 501 of (ii) experienced a reduction in household in- after the date of the enactment of this Act, in
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subtitle A of title V of division N of the Consoli- come, incurred significant costs, or experienced accordance with a formula that includes public
dated Appropriations Act, 2021 (Public Law 116– other financial hardship during or due, directly housing agency capacity and ensures geo-
260), shall not exceed 18 months. or indirectly, to the coronavirus pandemic; graphic diversity, including with respect to
(B) HOUSING STABILITY SERVICES.—Not more (B) 1 or more individuals within the house- rural areas, among public housing agencies ad-
than 10 percent of funds received by an eligible hold can demonstrate a risk of experiencing ministering the Housing Choice Voucher pro-
grantee from payments made under this section homelessness or housing instability; and gram.
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H797
(4) TERMS AND CONDITIONS.— Block Grants and Native Hawaiian Housing awards or increase prior awards to existing
(A) ELECTION TO ADMINISTER.—The Secretary Block Grant programs, as authorized under ti- technical assistance providers to provide an im-
shall establish a procedure for public housing tles I and VIII of NAHASDA, subject to the fol- mediate increase in training and technical as-
agencies to accept or decline the emergency lowing terms and conditions: sistance to Indian tribes, Indian housing au-
vouchers allocated to the agency in accordance (A) FORMULA.—Of the amounts made avail- thorities, tribally designated housing entities,
with the formula under subparagraph (3). able under this paragraph, $450,000,000 shall be and recipients under title VIII of NAHASDA for
(B) FAILURE TO USE VOUCHERS PROMPTLY.—If for grants under title I of NAHASDA and shall activities under this section.
a public housing agency fails to lease its au- be distributed according to the same funding (4) OTHER COSTS.—$5,000,000 shall be used for
thorized vouchers under subsection (b) on behalf formula used in fiscal year 2021. the administrative costs to oversee and admin-
of eligible families within a reasonable period of (B) NATIVE HAWAIIANS.—Of the amounts made ister the implementation of this section, and pay
time, the Secretary may revoke and redistribute available under this paragraph, $5,000,000 shall for associated information technology, financial
any unleased vouchers and associated funds, be for grants under title VIII of NAHASDA. reporting, and other costs.
including administrative fees and costs referred (C) USE.—Amounts made available under this SEC. 4105. HOUSING COUNSELING.
to in subsection (a)(3), to other public housing paragraph shall be used by recipients to pre-
(a) APPROPRIATION.—In addition to amounts
agencies according to the formula under para- vent, prepare for, and respond to coronavirus,
otherwise available, there is appropriated to the
graph (3). including to maintain normal operations and
Neighborhood Reinvestment Corporation (in this
(5) WAIVERS AND ALTERNATIVE REQUIRE- fund eligible affordable housing activities under
section referred to as the ‘‘Corporation’’) for fis-
MENTS.—The Secretary may waive or specify al- NAHASDA during the period that the program
cal year 2021, out of any money in the Treasury
ternative requirements for any provision of the is impacted by coronavirus. In addition,
not otherwise appropriated, $100,000,000, to re-
United States Housing Act of 1937 (42 U.S.C. amounts made available under subparagraph
main available until September 30, 2025, for
1437 et seq.) or regulation applicable to such (B) shall be used to provide rental assistance to
grants to housing counseling intermediaries ap-
statute other than requirements related to fair eligible Native Hawaiian families both on and
housing, nondiscrimination, labor standards, off the Hawaiian Home Lands. proved by the Department of Housing and
and the environment, upon a finding that the (D) TIMING OF OBLIGATIONS.—Amounts made Urban Development, State housing finance
waiver or alternative requirement is necessary to available under this paragraph shall be used, as agencies, and NeighborWorks organizations for
expedite or facilitate the use of amounts made necessary, to cover or reimburse allowable costs providing housing counseling services, as au-
available in this section. to prevent, prepare for, and respond to thorized under the Neighborhood Reinvestment
(6) TERMINATION OF VOUCHERS UPON TURN- coronavirus that are incurred by a recipient, in- Corporation Act (42 U.S.C. 8101-8107) and con-
OVER.—After September 30, 2023, a public hous- cluding for costs incurred as of January 21, sistent with the discretion set forth in section
ing agency may not reissue any vouchers made 2020. 606(a)(5) of such Act (42 U.S.C. 8105(a)(5)) to de-
available under this section when assistance for (E) WAIVERS OR ALTERNATIVE REQUIRE- sign and administer grant programs. Of the
the family assisted ends. MENTS.—The Secretary may waive or specify al- grant funds made available under this sub-
(c) TECHNICAL ASSISTANCE AND OTHER ternative requirements for any provision of section, not less than 40 percent shall be pro-
COSTS.—The Secretary may use not more NAHASDA (25 U.S.C. 4101 et seq.) or regulation vided to counseling organizations that—
$20,000,000 of the amounts made available under applicable to the Native American Housing (1) target housing counseling services to mi-
this section for the costs to the Secretary of ad- Block Grant or Native Hawaiian Housing Block nority and low-income populations facing hous-
ministering and overseeing the implementation Grant program other than requirements related ing instability; or
of this section and the Housing Choice Voucher to fair housing, nondiscrimination, labor stand- (2) provide housing counseling services in
program generally, including information tech- ards, and the environment, upon a finding that neighborhoods having high concentrations of
nology, financial reporting, and other costs. Of the waiver or alternative requirement is nec- minority and low-income populations.
the amounts set aside under this subsection, the essary to expedite or facilitate the use of (b) LIMITATION.—The aggregate amount pro-
Secretary may use not more than $10,000,000, amounts made available under this paragraph. vided to NeighborWorks organizations under
without competition, to make new awards or in- (F) UNOBLIGATED AMOUNTS.—Amounts made this section shall not exceed 15 percent of the
crease prior awards to existing technical assist- available under this paragraph which are not total of grant funds made available by sub-
ance providers to provide an immediate increase accepted, are voluntarily returned, or otherwise section (a).
in capacity building and technical assistance to recaptured for any reason shall be used to fund (c) ADMINISTRATION AND OVERSIGHT.—The
public housing agencies. grants under paragraph (2). Corporation may retain a portion of the
(d) IMPLEMENTATION.—The Secretary may im- (2) INDIAN COMMUNITY DEVELOPMENT BLOCK amounts provided under this section, in a pro-
plement the provisions of this section by notice. GRANTS.—$280,000,000 shall be available for portion consistent with its standard rate for
SEC. 4103. EMERGENCY ASSISTANCE FOR RURAL grants under title I of the Housing and Commu- program administration in order to cover its ex-
HOUSING. nity Development Act of 1974, subject to the fol- penses related to program administration and
In addition to amounts otherwise available, lowing terms and conditions: oversight.
there is appropriated to the Secretary of Agri- (A) USE.—Amounts made available under this (d) HOUSING COUNSELING SERVICES DEFINED.—
culture for fiscal year 2021, out of any money in paragraph shall be used, without competition, For the purposes of this section, the term ‘‘hous-
the Treasury not otherwise appropriated, for emergencies that constitute imminent threats ing counseling services’’ means—
$100,000,000, to remain available until September to health and safety and are designed to pre- (1) housing counseling provided directly to
30, 2022, to provide grants under section vent, prepare for, and respond to coronavirus. households facing housing instability, such as
521(a)(2) of the Housing Act of 1949 or agree- (B) PLANNING.—Not to exceed 20 percent of eviction, default, foreclosure, loss of income, or
ments entered into in lieu of debt forgiveness or any grant made with funds made available homelessness;
payments for eligible households as authorized under this paragraph shall be expended for (2) education, outreach, training, technology
by section 502(c)(5)(D) of the Housing Act of planning and management development and ad- upgrades, and other program related support;
1949, for temporary adjustment of income losses ministration. and
for residents of housing financed or assisted (C) TIMING OF OBLIGATIONS.—Amounts made (3) operational oversight funding for grantees
under section 514, 515, or 516 of the Housing Act available under this paragraph shall be used, as and subgrantees that receive funds under this
of 1949 who have experienced income loss but necessary, to cover or reimburse allowable costs section.
are not currently receiving Federal rental assist- to prevent, prepare for, and respond to SEC. 4106. HOMELESSNESS ASSISTANCE AND SUP-
ance. coronavirus incurred by a recipient, including PORTIVE SERVICES PROGRAM.
SEC. 4104.
HOUSING ASSISTANCE AND SUP- for costs incurred as of January 21, 2020. (a) APPROPRIATION.—In addition to amounts
PORTIVE SERVICES PROGRAMS FOR (D) INAPPLICABILITY OF PUBLIC SERVICES otherwise available, there is appropriated to the
NATIVE AMERICANS. CAP.—Indian tribes may use up to 100 percent of Secretary of Housing and Urban Development
(a) APPROPRIATION.—In addition to amounts any grant from amounts made available under (in this section referred to as the ‘‘Secretary’’)
otherwise available, there is appropriated to the this paragraph for public services activities to for fiscal year 2021, out of any money in the
Secretary of Housing and Urban Development prevent, prepare for, and respond to Treasury not otherwise appropriated,
(in this section referred to as the ‘‘Secretary’’) coronavirus. $5,000,000,000, to remain available until Sep-
for fiscal year 2021, out of any money in the (E) WAIVERS OR ALTERNATIVE REQUIRE- tember 30, 2025, except that amounts authorized
Treasury not otherwise appropriated, MENTS.—The Secretary may waive or specify al- under subsection (d)(3) shall remain available
$750,000,000, to remain available until September ternative requirements for any provision of title until September 30, 2029, for assistance under
30, 2025, to prevent, prepare for, and respond to I of the Housing and Community Development title II of the Cranston-Gonzalez National Af-
coronavirus, for activities and assistance au- Act of 1974 (42 U.S.C. 5301 et seq.) or regulation fordable Housing Act (42 U.S.C. 12721 et seq.)
thorized under title I of the Native American applicable to the Indian Community Develop- for the following activities to primarily benefit
Housing Assistance and Self-Determination Act ment Block Grant program other than require- qualifying individuals or families:
of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.), ments related to fair housing, nondiscrimina- (1) Tenant-based rental assistance.
under title VIII of NAHASDA (25 U.S.C. 4221 et tion, labor standards, and the environment, (2) The development and support of affordable
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seq.), and under section 106(a)(1) of the Housing upon a finding that the waiver or alternative re- housing pursuant to section 212(a) of the Cran-
and Community Development Act of 1974 with quirement is necessary to expedite or facilitate ston-Gonzalez National Affordable Housing Act
respect to Indian tribes (42 U.S.C. 5301 et seq.), the use of amounts made available under this (42 U.S.C. 12742(a)) (‘‘the Act’’ herein).
which shall be made available as follows: paragraph. (3) Supportive services to qualifying individ-
(1) HOUSING BLOCK GRANTS.—$455,000,000 shall (3) TECHNICAL ASSISTANCE.—$10,000,000 shall uals or families not already receiving such sup-
be available for the Native American Housing be used, without competition, to make new portive services, including—
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H798 CONGRESSIONAL RECORD — HOUSE February 26, 2021
(A) activities listed in section 401(29) of the tions pursuant to that same formula in fiscal individual who is a socially disadvantaged indi-
McKinney-Vento Homeless Assistance Act (42 year 2021, and shall make such allocations with- vidual or an economically disadvantaged indi-
U.S.C. 11360(29)); in 30 days of enactment of this Act. vidual, as such terms are defined, respectively,
(B) housing counseling; and (2) TECHNICAL ASSISTANCE.—Up to $25,000,000 under section 8 of the Small Business Act (15
(C) homeless prevention services. of the amounts made available under this sec- U.S.C. 637) and the regulations thereunder.
(4) The acquisition and development of non- tion shall be used, without competition, to make (8) STATE.—The term ‘‘State’’ means any State
congregate shelter units, all or a portion of new awards or increase prior awards to existing of the United States, the District of Columbia,
which may— technical assistance providers to provide an im- the Commonwealth of Puerto Rico, Guam,
(A) be converted to permanent affordable mediate increase in capacity building and tech- American Samoa, the United States Virgin Is-
housing; nical assistance available to any grantees imple- lands, and the Commonwealth of the Northern
(B) be used as emergency shelter under sub- menting activities or projects consistent with Mariana Islands.
title B of title IV of the McKinney-Vento Home- this section. (c) ESTABLISHMENT OF FUND.—
less Assistance Act (42 U.S.C. 11371-11378); (3) OTHER COSTS.—Up to $50,000,000 of the (1) ESTABLISHMENT; QUALIFIED EXPENSES.—
(C) be converted to permanent housing under amounts made available under this section shall There is established in the Department of the
subtitle C of title IV of the McKinney-Vento be used for the administrative costs to oversee Treasury a Homeowner Assistance Fund to miti-
Homeless Assistance Act (42 U.S.C. 11381-11389); and administer implementation of this section gate financial hardships associated with the
or and the HOME program generally, including in- coronavirus pandemic by providing such funds
(D) remain as non-congregate shelter units. formation technology, financial reporting, and as are appropriated by subsection (a) to eligible
(b) QUALIFYING INDIVIDUALS OR FAMILIES DE- other costs. entities for the purpose of preventing home-
FINED.—For the purposes of this section, quali- (4) WAIVERS OR ALTERNATIVE REQUIRE- owner mortgage delinquencies, defaults, fore-
fying individuals or families are those who are— MENTS.—The Secretary may waive or specify al- closures, loss of utilities or home energy services,
(1) homeless, as defined in section 103(a) of ternative requirements for any provision of the and displacements of homeowners experiencing
the McKinney-Vento Homeless Assistance Act Cranston-Gonzalez National Affordable Housing financial hardship after January 21, 2020,
(42 U.S.C. 11302(a)); Act (42 U.S.C. 12701 et seq.) and titles I and IV through qualified expenses related to mortgages
(2) at-risk of homelessness, as defined in sec- of the McKinney-Vento Homelessness Act (42 and housing, which include—
tion 401(1) of the McKinney-Vento Homeless As- U.S.C. 11301 et seq., 11360 et seq.) or regulation (A) mortgage payment assistance;
sistance Act (42 U.S.C. 11360(1)); (B) financial assistance to allow a homeowner
for the administration of the amounts made
(3) fleeing, or attempting to flee, domestic vio- to reinstate a mortgage or to pay other housing
available under this section other than require-
lence, dating violence, sexual assault, stalking, related costs related to a period of forbearance,
ments related to fair housing, nondiscrimina-
or human trafficking, as defined by the Sec- delinquency, or default;
tion, labor standards, and the environment, (C) principal reduction;
retary; upon a finding that the waiver or alternative re-
(4) in other populations where providing sup- (D) facilitating interest rate reductions;
quirement is necessary to expedite or facilitate (E) payment assistance for—
portive services or assistance under section
the use of amounts made available under this (i) utilities, including electric, gas, home en-
212(a) of the Act (42 U.S.C. 12742(a)) would pre-
section. ergy, and water;
vent the family’s homelessness or would serve
SEC. 4107. HOMEOWNER ASSISTANCE FUND. (ii) internet service, including broadband
those with the greatest risk of housing insta-
(a) APPROPRIATION.—In addition to amounts internet access service, as defined in section
bility; or
otherwise available, there is appropriated to the 8.1(b) of title 47, Code of Federal Regulations (or
(5) veterans and families that include a vet-
Secretary of the Treasury for the Homeowner any successor regulation);
eran family member that meet one of the pre-
Assistance Fund established under subsection (iii) homeowner’s insurance, flood insurance,
ceding criteria.
(c) for fiscal year 2021, out of any money in the and mortgage insurance; and
(c) TERMS AND CONDITIONS.— (iv) homeowner’s association, condominium
(1) FUNDING RESTRICTIONS.—The cost limits in Treasury not otherwise appropriated,
$9,961,000,000, to remain available until Sep- association fees, or common charges;
section 212(e) (42 U.S.C. 12742(e)), the commit- (F) reimbursement of funds expended by a
ment requirements in section 218(g) (42 U.S.C. tember 30, 2025, for qualified expenses that meet
State, local government, or designated entity
12748(g)), the matching requirements in section the purposes specified under subsection (c) and
under subsection (e) during the period begin-
220 (42 U.S.C. 12750), and the set-aside for hous- expenses described in subsection (d)(1).
ning on January 21, 2020, and ending on the
ing developed, sponsored, or owned by commu- (b) DEFINITIONS.—In this section:
date that the first funds are disbursed by the el-
nity housing development organizations re- (1) CONFORMING LOAN LIMIT.—The term ‘‘con-
igible entity under the Homeowner Assistance
quired in section 231 of the Act (42 U.S.C. 12771) forming loan limit’’ means the applicable limita-
Fund, for the purpose of providing housing or
shall not apply for amounts made available in tion governing the maximum original principal
utility payment assistance to individuals or oth-
this section. obligation of a mortgage secured by a single-
erwise providing funds to prevent foreclosure or
(2) ADMINISTRATIVE COSTS.— Notwithstanding family residence, a mortgage secured by a 2-fam-
eviction of a homeowner or tenant or prevent
sections 212(c) and (d)(1) of the Act (42 U.S.C. ily residence, a mortgage secured by a 3-family
mortgage delinquency or loss of housing or utili-
12742(c) and (d)(1)), of the funds made available residence, or a mortgage secured by a 4-family
ties as a response to the coronavirus disease
in this section for carrying out activities author- residence, as determined and adjusted annually
(COVID) pandemic; and
ized in this section, a grantee may use up to fif- under section 302(b)(2) of the Federal National
(G) any other assistance to promote housing
teen percent of its allocation for administrative Mortgage Association Charter Act (12 U.S.C.
stability for homeowners, including preventing
and planning costs. 1717(b)(2)) and section 305(a)(2) of the Federal
eviction, mortgage delinquency or default, fore-
(3) OPERATING EXPENSES.—Notwithstanding Home Loan Mortgage Corporation Act (12
closure, or the loss of utility or home energy
sections 212(a) and (g) of the Act (42 U.S.C. U.S.C. 1454(a)(2)).
services, as determined by the Secretary.
12742(a) and (g)), a grantee may use up to an (2) DWELLING.—The term ‘‘dwelling’’ means (2) TARGETING.—Not less than 60 percent of
additional five percent of its allocation for the any building, structure, or portion thereof amounts made to each eligible entity allocated
payment of operating expenses of community which is occupied as, or designed or intended amounts under subsection (d) or (f) shall be
housing development organizations and non- for occupancy as, a residence by one or more in- used for qualified expenses that assist home-
profit organizations carrying out activities au- dividuals. owners having incomes equal to or less than 100
thorized under this section, but only if— (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti- percent of the area median income for their
(A) such funds are used to develop the capac- ty’’ means— household size or equal to or less than 100 per-
ity of the community housing development orga- (A) a State; or cent of the median income for the United States,
nization or nonprofit organization in the juris- (B) any entity eligible for payment under sub- as determined by the Secretary of Housing and
diction or insular area to carry out activities section (f). Urban Development, whichever is greater. The
authorized under this section; and (4) MORTGAGE.—The term ‘‘mortgage’’ means eligible entity shall prioritize remaining funds to
(B) the community housing development orga- any credit transaction— socially and economically disadvantaged indi-
nization or nonprofit organization complies with (A) that is secured by a mortgage, deed of viduals.
the limitation on assistance in section 234(b) of trust, or other consensual security interest on a (d) ALLOCATION OF FUNDS.—
the Act (42 U.S.C. 12774(b)). principal residence of a borrower that is (i) a 1- (1) ADMINISTRATION.—Of any amounts made
(4) CONTRACTING.—A grantee, when con- to 4-unit dwelling, or (ii) residential real prop- available under this section, the Secretary shall
tracting with service providers engaged directly erty that includes a 1- to 4-unit dwelling; and reserve—
in the provision of services under paragraph (B) the unpaid principal balance of which (A) to the Department of the Treasury, an
(a)(3), shall, to the extent practicable, enter into was, at the time of origination, not more than amount not to exceed $40,000,000 to administer
contracts in amounts that cover the actual total the conforming loan limit. and oversee the Fund, and to provide technical
program costs and administrative overhead to (5) FUND.—The term ‘‘Fund’’ means the assistance to eligible entities for the creation
provide the services contracted. Homeowner Assistance Fund established under and implementation of State and tribal pro-
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(d) ALLOCATION.— subsection (c). grams to administer assistance from the Fund;
(1) FORMULA ASSISTANCE.—Except as provided (6) SECRETARY.—The term ‘‘Secretary’’ means and
in paragraphs (2) and (3), the Secretary shall the Secretary of the Treasury. (B) to the Inspector General of the Depart-
allocate amounts made available under this sec- (7) SOCIALLY AND ECONOMICALLY DISADVAN- ment of the Treasury, an amount to not exceed
tion pursuant to section 217 of the Act (42 TAGED INDIVIDUAL.—The term ‘‘socially and eco- $2,600,000 for oversight of the program under
U.S.C. 12747) to grantees that received alloca- nomically disadvantaged individual’’ means an this section.
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H799
(2) FOR STATES.—After the application of priated under subsection (a), the Secretary shall (cc) in subparagraph (A), by striking ‘‘The
paragraphs (1), (4), and (5) of this subsection use 5 percent to make payments to entities that Secretary’’ and inserting ‘‘With respect to States
and subject to paragraph (3) of this subsection, are eligible for payments under clauses (i) and other than Tribal governments, the Secretary’’;
the Secretary shall allocate the remaining funds (ii) of section 501(b)(2)(A) of subtitle A of title V (dd) in subparagraph (C)(i), by striking
available within the Homeowner Assistance of division N of the Consolidated Appropriations ‘‘2007’’ and inserting ‘‘2019’’; and
Fund to each State of the United States, the Act, 2021 (Public Law 116-260) for the purposes (ee) by adding at the end the following:
District of Columbia, and the Commonwealth of described in subsection (c). ‘‘(C) SEPARATE ALLOCATION FOR TRIBAL GOV-
Puerto Rico based on homeowner need, taking (2) ALLOCATION AND PAYMENT.—The Secretary ERNMENTS.—
into consideration, for such State relative to all shall allocate the funds set aside under para- ‘‘(i) IN GENERAL.—With respect to States that
States of the United States, the District of Co- graph (1) using the allocation formulas de- are Tribal governments, the Secretary shall de-
lumbia, and the Commonwealth of Puerto Rico, termine the 2021 allocation by allocating
scribed in clauses (i) and (ii) of section
as of the date of the enactment of this Act, $500,000,000 among the Tribal governments in
501(b)(2)(A) of subtitle A of title V of division N
which is determined by— the proportion the Secretary determines appro-
of the Consolidated Appropriations Act, 2021
(A) the average number of unemployed indi- priate, including with consideration to available
(Public Law 116-260), and shall make payments
viduals measured over a period of time not fewer employment and economic data regarding each
of such amounts beginning no later than 45
than 3 months and not more than 12 months; such Tribal government.
days after enactment of this Act to entities eligi- ‘‘(ii) NOTICE OF INTENT; TIMING OF ALLOCA-
(B) the total number of mortgagors with— ble for payment under clauses (i) and (ii) of sec-
(i) mortgage payments that are more than 30 TION.—With respect to allocations to States that
tion 501(b)(2)(A) of subtitle A of title V of divi- are Tribal governments, the Secretary may—
days past due; or
sion N of the Consolidated Appropriations Act, ‘‘(I) require Tribal governments that individ-
(ii) mortgages in foreclosure.
(3) SMALL STATE MINIMUM.— 2021 (Public Law 116-260) that notify the Sec- ually or jointly wish to participate in the Pro-
(A) IN GENERAL.—Each State of the United retary that they request to receive payments al- gram to file a notice of intent with the Secretary
States, the District of Columbia, and the Com- located from the Fund by the Secretary for pur- not later than 30 days after the date of enact-
monwealth of Puerto Rico shall receive no less poses described under subsection (c) and will use ment of subsection (d); and
than $40,000,000 for the purposes established in such payments in compliance with this section. ‘‘(II) notwithstanding paragraph (1), allocate
(c). (3) ADJUSTMENT.—Allocations provided under Federal funds to participating Tribal govern-
(B) PRO RATA ADJUSTMENTS.—The Secretary this subsection may be further adjusted as pro- ments not later than 60 days after the date of
shall adjust on a pro rata basis the amount of vided by section 501(b)(2)(B) of subtitle A of title enactment of subsection (d).
the payments for each State of the United V of division N of the Consolidated Appropria- ‘‘(D) EMPLOYMENT DATA.—If the Secretary de-
States, the District of Columbia, and the Com- tions Act, 2021 (Public Law 116-260). termines that employment data with respect to a
monwealth of Puerto Rico determined under this SEC. 4108. RELIEF MEASURES FOR SECTION 502 State is unavailable from the Bureau of Labor
subsection without regard to this subparagraph AND 504 DIRECT LOAN BORROWERS. Statistics of the Department of Labor, the Sec-
to the extent necessary to comply with the re- (a) APPROPRIATION.—In addition to amounts retary shall consider such other economic and
quirements of subparagraph (A). otherwise available, there is appropriated to the employment data that is otherwise available for
(4) TERRITORY SET-ASIDE.—Notwithstanding Secretary of Agriculture for fiscal year 2021, out purposes of determining the employment data of
any other provision of this section, of the of any money in the Treasury not otherwise ap- such State.’’; and
amounts appropriated under subsection (a), the propriated, $39,000,000, to remain available until (III) by striking paragraph (3); and
Secretary shall reserve $30,000,000 to be dis- September 30, 2023, for direct loans made under (ii) in subsection (c)—
bursed to Guam, American Samoa, the United sections 502 and 504 of the Housing Act of 1949 (I) in paragraph (1)(A)(iii), by inserting before
States Virgin Islands, and the Commonwealth of (42 U.S.C. 1472, 1474). the period the following: ‘‘that have delivered
the Northern Mariana Islands based on each (b) ADMINISTRATIVE EXPENSES.—The Sec- loans or investments to eligible businesses’’; and
such territory’s share of the combined total pop- (II) by amending paragraph (4) to read as fol-
retary may use not more than 3 percent of the
ulation of all such territories, as determined by lows:
amounts appropriated under this section for ad- ‘‘(4) TERMINATION OF AVAILABILITY OF
the Secretary. For the purposes of this para- ministrative purposes. AMOUNTS NOT TRANSFERRED.—
graph, population shall be determined based on SEC. 4109 FAIR HOUSING ACTIVITIES. ‘‘(A) IN GENERAL.—Any portion of a partici-
the most recent year for which data are avail- (a) APPROPRIATION.—In addition to amounts pating State’s allocated amount that has not
able from the United States Census Bureau. otherwise available, there is appropriated to the been transferred to the State under this section
(5) TRIBAL SET-ASIDE.—The Secretary shall al- Secretary of Housing and Urban Development may be deemed by the Secretary to be no longer
locate funds to any eligible entity designated (in this section referred to as the ‘‘Secretary’’) allocated to the State and no longer available to
under subsection (f) pursuant to the require- for fiscal year 2021, out of any money in the the State and shall be returned to the general
ments of that subsection. Treasury not otherwise appropriated, fund of the Treasury or reallocated as described
(e) DISTRIBUTION OF FUNDS TO STATES.—
(1) IN GENERAL.—The Secretary shall make $20,000,000, to remain available until September under subparagraph (B), if—
30, 2023, for the Fair Housing Initiatives Pro- ‘‘(i) the second 1⁄3 of a State’s allocated
payments, beginning not later than 45 days
gram under section 561 of the Housing and Com- amount has not been transferred to the State be-
after enactment of this Act, from amounts allo-
munity Development Act of 1987 (42 U.S.C. fore the end of the end of the 3-year period be-
cated under subsection (d) to eligible entities ginning on the date that the Secretary approves
that have notified the Secretary that they re- 3616a) to ensure fair housing organizations have
additional resources to address fair housing in- the State for participation; or
quest to receive payment from the Fund and ‘‘(ii) the last 1⁄3 of a State’s allocated amount
that the eligible entity will use such payments quiries, complaints, investigations, and edu-
cation and outreach activities, during or relat- has not been transferred to the State before the
in compliance with this section. end of the end of the 6-year period beginning on
(2) REALLOCATION.—If a State does not re- ing to the coronavirus pandemic.
(b) ADMINISTRATIVE EXPENSES.—The Sec- the date that the Secretary approves the State
quest allocated funds by the 45th day after the for participation.
date of enactment of this Act, such State shall retary may use not more than 3 percent of the
amounts appropriated under this section for ad- ‘‘(B) REALLOCATION.—Any amount deemed by
not be eligible for a payment from the Secretary the Secretary to be no longer allocated to a
pursuant to this section, and the Secretary ministrative purposes.
State and no longer available to such State
shall, by the 180th day after the date of enact- Subtitle C—Small Business (SSBCI)
under subparagraph (A) may be reallocated by
ment of this Act, reallocate any funds that were SEC. 4201. STATE SMALL BUSINESS CREDIT INI- the Secretary to other participating States. In
not requested by such State among the States TIATIVE.
making such a reallocation, the Secretary shall
that have requested funds by the 45th day after (a) STATE SMALL BUSINESS CREDIT INITIA- not take into account the minimum allocation
the date of enactment of this Act. For any such TIVE.— requirements under subsection (b)(2)(B) or the
reallocation of funds, the Secretary shall adhere (1) IN GENERAL.—The State Small Business specific allocation for Tribal governments de-
to the requirements of subsection (d), except for Credit Initiative Act of 2010 (12 U.S.C. 5701 et scribed under subsection (b)(2)(C).’’;
paragraph (1), to the greatest extent possible, seq.) is amended— (B) in section 3004(d), by striking ‘‘date of en-
provided that the Secretary shall also take into (A) in section 3003— actment of this Act’’ each place it appears and
consideration in determining such reallocation a (i) in subsection (b)— inserting ‘‘date of the enactment of section
State’s remaining need and a State’s record of (I) by amending paragraph (1) to read as fol- 3003(d)’’;
using payments from the Fund to serve home- lows: (C) in section 3005(b), by striking ‘‘date of en-
owners at disproportionate risk of mortgage de- ‘‘(1) IN GENERAL.—Not later than 30 days after actment of this Act’’ each place it appears and
fault, foreclosure, or displacement, including the date of enactment of subsection (d), the Sec- inserting ‘‘date of the enactment of section
homeowners having incomes equal to or less retary shall allocate Federal funds to partici- 3003(d)’’;
than 100 percent of the area median income for pating States so that each State is eligible to re- (D) in section 3006(b)(4), by striking ‘‘date of
their household size or 100 percent of the median ceive an amount equal to what the State would enactment of this Act’’ and inserting ‘‘date of
income for the United States, as determined by receive under the 2021 allocation, as determined the enactment of section 3003(d)’’;
dlhill on DSK120RN23PROD with House
the Secretary of Housing and Urban Develop- under paragraph (2).’’; (E) in section 3007(b), by striking ‘‘March 31,
ment, whichever is greater, and minority home- (II) in paragraph (2)— 2011’’ and inserting ‘‘March 31, 2022’’;
owners. (aa) by striking ‘‘2009’’ each place such term (F) in section 3009, by striking ‘‘date of enact-
(f) TRIBAL SET-ASIDE.— appears and inserting ‘‘2021’’; ment of this Act’’ each place it appears and in-
(1) SET-ASIDE.—Notwithstanding any other (bb) by striking ‘‘2008’’ each place such term serting ‘‘date of the enactment of section
provision of this section, of the amounts appro- appears and inserting ‘‘2020’’; 3003(d)’’; and
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H800 CONGRESSIONAL RECORD — HOUSE February 26, 2021
(G) in section 3011(b), by striking ‘‘date of the from funds allocated under this section to be ex- sult in predatory lending, as determined by the
enactment of this Act’’ each place it appears pended for very small businesses. Secretary.’’.
and inserting ‘‘date of the enactment of section ‘‘(2) VERY SMALL BUSINESS DEFINED.—In this (h) INCLUSION OF TRIBAL GOVERNMENTS.—Sec-
3003(d)’’. subsection, the term ‘very small business’— tion 3002(10) of the State Small Business Credit
(2) APPROPRIATION.— ‘‘(A) means a business with fewer than 10 em- Initiative Act of 2010 (12 U.S.C. 5701(10)) is
(A) IN GENERAL.—In addition to amounts oth- ployees; and amended—
erwise available, there is hereby appropriated to ‘‘(B) may include independent contractors (1) in subparagraph (C), by striking ‘‘and’’ at
the Secretary of the Treasury for fiscal year and sole proprietors.’’. the end;
2021, out of any money in the Treasury not oth- (d) CDFI AND MDI PARTICIPATION PLAN.— (2) in subparagraph (D), by striking the pe-
erwise appropriated, $10,000,000,000, to remain Section 3004 of the State Small Business Credit riod at the end and inserting ‘‘; and’’; and
available until expended, to provide support to Initiative Act of 2010 (12 U.S.C. 5703) is amended (3) by adding at the end the following:
small businesses responding to and recovering by adding at the end the following: ‘‘(E) a Tribal government, or a group of Tribal
from the economic effects of the COVID–19 pan- ‘‘(e) CDFI AND MDI PARTICIPATION PLAN.— governments that jointly apply for an alloca-
demic, ensure business enterprises owned and The Secretary may not approve a State to be a tion.’’.
participating State unless the State has pro- (i) DEFINITIONS.—Section 3002 of the State
controlled by socially and economically dis-
vided the Secretary with a plan detailing how Small Business Credit Initiative Act of 2010 (12
advantaged individuals have access to credit
minority depository institutions and community U.S.C. 5701) is amended by adding at the end
and investments, provide technical assistance to
development financial institutions will be en- the following:
help small businesses applying for various sup- ‘‘(15) BUSINESS ENTERPRISE OWNED AND CON-
port programs, and to pay reasonable costs of couraged to participate in State programs.’’.
TROLLED BY SOCIALLY AND ECONOMICALLY DIS-
administering such Initiative. (e) PANDEMIC RESPONSE PLAN.—Section 3004
ADVANTAGED INDIVIDUALS.—The term ‘business
(B) RESCISSION.—With respect to amounts ap- of the State Small Business Credit Initiative Act
enterprise owned and controlled by socially and
propriated under subparagraph (A)— of 2010 (12 U.S.C. 5703), as amended by sub-
economically disadvantaged individuals’ means
(i) the Secretary of the Treasury shall com- section (d), is further amended by adding at the
a business that—
plete all disbursements and remaining obliga- end the following: ‘‘(A) if privately owned, 51 percent is owned
tions before September 30, 2030; and ‘‘(f) PANDEMIC RESPONSE PLAN.—The Sec-
by one or more socially and economically dis-
(ii) any amounts that remain unexpended retary may not approve a State to be a partici-
advantaged individuals;
(whether obligated or unobligated) on September pating State unless the State has provided the ‘‘(B) if publicly owned, 51 percent of the stock
30, 2030, shall be rescinded and deposited into Secretary with a description of how the State is owned by one or more socially and economi-
the general fund of the Treasury. will expeditiously utilize funds to support small cally disadvantaged individuals; and
(b) ADDITIONAL ALLOCATIONS TO SUPPORT businesses, including business enterprises owned ‘‘(C) in the case of a mutual institution, a ma-
BUSINESS ENTERPRISES OWNED AND CONTROLLED and controlled by socially and economically dis- jority of the Board of Directors, account hold-
BY SOCIALLY AND ECONOMICALLY DISADVAN- advantaged individuals, in responding to and ers, and the community which the institution
TAGED INDIVIDUALS.—Section 3003 of the State recovering from the economic effects of the services is predominantly comprised of socially
Small Business Credit Initiative Act of 2010 (12 COVID–19 pandemic.’’. and economically disadvantaged individuals.
U.S.C. 5702) is amended by adding at the end (f) TECHNICAL ASSISTANCE.—Section 3009 of ‘‘(16) COMMUNITY DEVELOPMENT FINANCIAL IN-
the following: the State Small Business Credit Initiative Act of STITUTION.—The term ‘community development
‘‘(d) ADDITIONAL ALLOCATIONS TO SUPPORT 2010 (12 U.S.C. 5708) is amended by adding at financial institution’ has the meaning given
BUSINESS ENTERPRISES OWNED AND CONTROLLED the end the following: that term under section 103 of the Riegle Com-
BY SOCIALLY AND ECONOMICALLY DISADVAN- ‘‘(e) TECHNICAL ASSISTANCE.—Of the amounts munity Development and Regulatory Improve-
TAGED INDIVIDUALS.—Of the amounts appro- appropriated for fiscal year 2021 to carry out the ment Act of 1994.
priated for fiscal year 2021 to carry out the Pro- Program, $500,000,000 may be used by the Sec- ‘‘(17) MINORITY DEPOSITORY INSTITUTION.—
gram, the Secretary shall— retary to— The term ‘minority depository institution’ has
‘‘(1) allocate $1,500,000,000 to States allocated ‘‘(1) provide funds to States to carry out a the meaning given that term under section
under this section and, by regulation or other technical assistance plan under which a State 308(b) of the Financial Institutions Reform, Re-
guidance, prescribe Program requirements that will provide legal, accounting, and financial ad- covery, and Enforcement Act of 1989.
the funds be expended for business enterprises visory services, either directly or contracted ‘‘(18) SOCIALLY AND ECONOMICALLY DISADVAN-
owned and controlled by socially and economi- with legal, accounting, and financial advisory TAGED INDIVIDUAL.—The term ‘socially and eco-
cally disadvantaged individuals; firms, with priority given to business enterprises nomically disadvantaged individual’ means an
‘‘(2) allocate such amounts to States based on owned and controlled by socially and economi- individual who is a socially disadvantaged indi-
the needs of business enterprises owned and cally disadvantaged individuals, to very small vidual or an economically disadvantaged indi-
controlled by socially and economically dis- businesses and business enterprises owned and vidual, as such terms are defined, respectively,
advantaged individuals, as determined by the controlled by socially and economically dis- under section 8 of the Small Business Act (15
Secretary, in each State, and not subject to the advantaged individuals applying for— U.S.C. 637) and the regulations thereunder.
allocation formula described under subsection ‘‘(A) State programs under the Program; and ‘‘(19) TRIBAL GOVERNMENT.—The term ‘Tribal
(b); ‘‘(B) other State or Federal programs that government’ means a government of an Indian
‘‘(3) oversee the States’ expenditure of these support small businesses; Tribe listed on the list of recognized Tribes pub-
funds to directly support business enterprises ‘‘(2) transfer amounts to the Minority Busi- lished by the Secretary of the Interior under sec-
owned and controlled by socially and economi- ness Development Agency, so that the Agency tion 104 of the Federally Recognized Indian
cally disadvantaged individuals; and may use such amounts in a manner the Agency Tribe List Act of 1994 (25 U.S.C. 5131) and means
‘‘(4) establish a minimum amount of support determines appropriate, including through con- the Office of Hawaiian Affairs established by
that a State shall provide to business enterprises tracting with third parties, to provide technical the Constitution of the State of Hawaii.’’
owned and controlled by socially and economi- assistance to business enterprises owned and (j) RULE OF APPLICATION.—The amendments
cally disadvantaged individuals. controlled by socially and economically dis- made by this section shall apply with respect to
‘‘(e) INCENTIVE ALLOCATIONS TO SUPPORT advantaged individuals applying to— funds appropriated under this section and funds
BUSINESS ENTERPRISES OWNED AND CONTROLLED ‘‘(A) State programs under the Program; and appropriated on and after the date of enactment
BY SOCIALLY AND ECONOMICALLY DISADVAN- ‘‘(B) other State or Federal programs that of this section.
TAGED INDIVIDUALS.—Of the amounts appro- support small businesses; and Subtitle D—Airlines
priated for fiscal year 2021 to carry out the Pro- ‘‘(3) contract with legal, accounting, and fi- SEC. 4301. AIR TRANSPORTATION PAYROLL SUP-
gram, the Secretary shall set aside $1,000,000,000 nancial advisory firms (with priority given to PORT PROGRAM EXTENSION.
for an incentive program under which the Sec- business enterprises owned and controlled by so- (a) DEFINITIONS.—The definitions in section
retary shall increase the second 1⁄3 and last 1⁄3 cially and economically disadvantaged individ- 40102(a) of title 49, United States Code, shall
allocations for States that demonstrate robust uals), to provide technical assistance to business apply with respect to terms used in this section,
support, as determined by the Secretary, for enterprises owned and controlled by socially except that—
business concerns owned and controlled by so- and economically disadvantaged individuals ap- (1) the term ‘‘catering functions’’ means prep-
cially and economically disadvantaged individ- plying to— aration, assembly, or both, of food, beverages,
uals in the deployment of prior allocation ‘‘(A) State programs under the Program; and provisions and related supplies for delivery, and
amounts.’’. ‘‘(B) other State or Federal programs that the delivery of such items, directly to aircraft or
(c) ADDITIONAL ALLOCATIONS TO SUPPORT support small businesses.’’. to a location on or near airport property for
VERY SMALL BUSINESSES.—Section 3003 of the (g) PREDATORY LENDING PROHIBITED.—Sec- subsequent delivery to aircraft;
State Small Business Credit Initiative Act of tion 3004 of the State Small Business Credit Ini- (2) the term ‘‘contractor’’ means—
2010 (12 U.S.C. 5702), as amended by subsection tiative Act of 2010 (15 U.S.C. 5702), as amended (A) a person that performs, under contract
(b), is further amended by adding at the end the by subsection (e), is further amended by adding with a passenger air carrier conducting oper-
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following: at the end the following: ations under part 121 of title 14, Code of Federal
‘‘(f) ADDITIONAL ALLOCATIONS TO SUPPORT ‘‘(g) PREDATORY LENDING PROHIBITED.—The Regulations—
VERY SMALL BUSINESSES.— Secretary may not approve a State to be a par- (i) catering functions; or
‘‘(1) IN GENERAL.—Of the amounts appro- ticipating State unless the State has agreed that (ii) functions on the property of an airport
priated to carry out the Program, the Secretary no lending activity supported by amounts re- that are directly related to the air transpor-
shall allocate not less than $500,000,000 to States ceived by the State under the Program would re- tation of persons, property, or mail, including
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H801
the loading and unloading of property on air- (ii) refrain from purchasing an equity security enactment of this section, the Secretary shall
craft, assistance to passengers under part 382 of of the contractor or the parent company of the make initial payments to air carriers and con-
title 14, Code of Federal Regulations, security, contractor that is listed on a national securities tractors that submit requests for financial as-
airport ticketing and check-in functions, exchange through September 30, 2022; sistance approved by the Secretary.
ground-handling of aircraft, or aircraft cleaning (iii) refrain from paying dividends, or making (4) TAXPAYER PROTECTION.—The Secretary
and sanitization functions and waste removal; other capital distributions, with respect to com- shall receive financial instruments issued by re-
or mon stock (or equivalent interest) of the con- cipients of financial assistance under this sec-
(B) a subcontractor that performs such func- tractor through September 30, 2022; tion in the same form and amount, and under
tions; (iv) during the 2-year period beginning April the same terms and conditions, as determined by
(3) the term ‘‘employee’’ means an individual, 1, 2021, and ending April 1, 2023, refrain from the Secretary under section 408 of subtitle A of
other than a corporate officer, who is employed paying— title IV of division N of the Consolidated Appro-
by an air carrier or a contractor; (I) any officer or employee of the contractor priations Act, 2021 (Pub. L. No. 116-260).
(4) the term ‘‘eligible air carrier’’ means an air whose total compensation exceeded $425,000 in (5) ADMINISTRATIVE EXPENSES.—Of the
carrier that— calendar year 2019 (other than an employee amounts made available under paragraph
(A) received financial assistance pursuant sec- whose compensation is determined through an (1)(A), $10,000,000 shall be made available to the
tion 402(a)(1) of division N of the Consolidated existing collective bargaining agreement entered Secretary for costs and administrative expenses
Appropriations Act, 2021 (Public Law 116-260); into prior to the date of enactment of this Act)— associated with providing financial assistance
(B) provides air transportation as of March (aa) total compensation that exceeds, during under this section.
31, 2021; any 12 consecutive months of such 2-year pe- (c) FUNDING.—In addition to amounts other-
(C) has not conducted involuntary furloughs riod, the total compensation received by the offi- wise available, there is appropriated for fiscal
or reduced pay rates or benefits between March cer or employee from the contractor in calendar year 2021, out of any money in the Treasury not
31, 2021, and the date on which the air carrier year 2019; or otherwise appropriated, $15,000,000,000, to re-
makes a certification to the Secretary pursuant (bb) severance pay or other benefits upon ter- main available until expended, to carry out this
to subparagraph (D); and mination of employment with the contractor section.
(D) certifies to the Secretary that such air car- which exceeds twice the maximum total com-
rier will— TITLE V—COMMITTEE ON OVERSIGHT AND
pensation received by the officer or employee REFORM
(i) refrain from conducting involuntary fur-
from the contractor in calendar year 2019; and
loughs or reducing pay rates or benefits until (II) any officer or employee of the contractor Subtitle A—Coronavirus State and Local
September 30, 2021, or the date on which assist- whose total compensation exceeded $3,000,000 in Fiscal Recovery Funds
ance provided under this section is exhausted, calendar year 2019 during any 12 consecutive SEC. 5001. CORONAVIRUS STATE AND LOCAL FIS-
whichever is later; months of such period total compensation in ex- CAL RECOVERY FUNDS.
(ii) refrain from purchasing an equity security (a) IN GENERAL.—Title VI of the Social Secu-
cess of the sum of—
of the air carrier or the parent company of the rity Act (42 U.S.C. 801 et seq.) is amended by
(aa) $3,000,000; and
air carrier that is listed on a national securities (bb) 50 percent of the excess over $3,000,000 of adding at the end the following:
exchange through September 30, 2022; the total compensation received by the officer or ‘‘SEC. 602. CORONAVIRUS STATE FISCAL RECOV-
(iii) refrain from paying dividends, or making ERY FUND.
employee from the contractor in calendar year
other capital distributions, with respect to com- ‘‘(a) APPROPRIATION.—In addition to amounts
2019.
mon stock (or equivalent interest) of such air otherwise available, there is appropriated for
(6) the term ‘‘Secretary’’ means the Secretary
carrier through September 30, 2022; fiscal year 2021, out of any money in the Treas-
of the Treasury.
(iv) during the 2-year period beginning April
(b) PAYROLL SUPPORT GRANTS.— ury not otherwise appropriated, $219,800,000,000,
1, 2021, and ending April 1, 2023, refrain from (1) IN GENERAL.—To preserve aviation jobs to remain available until expended, for making
paying— and compensate air carrier industry workers, payments under this section to States, terri-
(I) any officer or employee of the air carrier
the Secretary shall make available to eligible air tories, and Tribal governments to mitigate the
whose total compensation exceeded $425,000 in
carriers and eligible contractors, financial as- fiscal effects stemming from the public health
calendar year 2019 (other than an employee
sistance exclusively for the continuation of pay- emergency with respect to the Coronavirus Dis-
whose compensation is determined through an
ment of employee wages, salaries, and benefits ease (COVID–19).
existing collective bargaining agreement entered
to— ‘‘(b) AUTHORITY TO MAKE PAYMENTS.—
into prior to the date of enactment of this Act)—
(A) eligible air carriers, in an aggregate ‘‘(1) PAYMENTS TO TERRITORIES.—
(aa) total compensation that exceeds, during
amount of $14,000,000,000; and ‘‘(A) IN GENERAL.—The Secretary shall reserve
any 12 consecutive months of such 2-year pe-
(B) eligible contractors, in an aggregate $4,500,000,000 of the amount appropriated under
riod, the total compensation received by the offi-
amount of $1,000,000,000. subsection (a) to make payments to the terri-
cer or employee from the air carrier in calendar
(2) APPORTIONMENTS.— tories.
year 2019; or
(A) IN GENERAL.—The Secretary shall appor- ‘‘(B) ALLOCATION.—Of the amount reserved
(bb) severance pay or other benefits upon ter-
tion funds to eligible air carriers and eligible under subparagraph (A)—
mination of employment with the air carrier
contractors in accordance with the requirements ‘‘(i) 50 percent of such amount shall be allo-
which exceeds twice the maximum total com-
of this section not later than April 15, 2021. cated by the Secretary equally among each terri-
pensation received by the officer or employee
(B) ELIGIBLE AIR CARRIERS.—The Secretary tory; and
from the air carrier in calendar year 2019; and
(II) any officer or employee of the air carrier shall apportion funds made available under ‘‘(ii) 50 percent of such amount shall be allo-
whose total compensation exceeded $3,000,000 in paragraph (1)(A) to each eligible air carrier in cated by the Secretary as an additional amount
calendar year 2019 during any 12 consecutive the ratio that— to each territory in an amount which bears the
(i) the amount received by the air carrier pur- same proportion to 1⁄2 of the total amount re-
months of such period total compensation in ex-
suant to section 403(a) of division N of the Con- served under subparagraph (A) as the relative
cess of the sum of—
(aa) $3,000,000; and solidated Appropriations Act, 2021 (Public Law population of the territory bears to the total
(bb) 50 percent of the excess over $3,000,000 of 116-260) bears to population of all such territories.
the total compensation received by the officer or (ii) $15,000,000,000. ‘‘(C) PAYMENT.—The Secretary shall pay each
employee from the air carrier in calendar year (C) ELIGIBLE CONTRACTORS.—The Secretary territory the total of the amounts allocated for
2019. shall apportion, to each eligible contractor, an the territory under subparagraph (B).
(5) the term ‘‘eligible contractor’’ means a amount equal to the total amount such con- ‘‘(2) PAYMENTS TO TRIBAL GOVERNMENTS.—
contractor that— tractor received pursuant to section 403(a) of di- ‘‘(A) IN GENERAL.—The Secretary shall reserve
(A) received financial assistance pursuant to vision N of the Consolidated Appropriations Act, $20,000,000,000 of the amount appropriated
section 402(a)(2) of division N of the Consoli- 2021 (Public Law 116-260). under subsection (a) to make payments to Tribal
dated Appropriations Act, 2021 (Public Law 116- (3) IN GENERAL.— governments.
260); (A) FORMS; TERMS AND CONDITIONS.—The Sec- ‘‘(B) ALLOCATION.—Of the amount reserved
(B) performs one or more of the functions de- retary shall provide financial assistance to an under subparagraph (A)—
scribed under paragraph (2) as of March 31, eligible air carrier or eligible contractor under ‘‘(i) $1,000,000,000 shall be allocated by the
2021; this section in the same form and on the same Secretary equally among each Tribal govern-
(C) has not conducted involuntary furloughs terms and conditions as determined by pursuant ment; and
or reduced pay rates or benefits between March to section 403(b)(1)(A) of subtitle A of title IV of ‘‘(ii) $19,000,000,000 shall be allocated by the
31, 2021, and the date on which the contractor division N of the Consolidated Appropriations Secretary among each Tribal government in an
makes a certification to the Secretary pursuant Act, 2021 (Pub. L. No. 116-260). amount determined by the Secretary.
to subparagraph (D); and (B) PROCEDURES.—The Secretary shall publish ‘‘(C) PAYMENT.— The Secretary shall pay
(D) certifies to the Secretary that such con- streamlined and expedited procedures not later each Tribal government the total of the amounts
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tractor will— than 5 days after the date of enactment of this allocated for the Tribal government under sub-
(i) refrain from conducting involuntary fur- section for eligible air carriers and eligible con- paragraph (B).
loughs or reducing pay rates or benefits until tractors to submit requests for financial assist- ‘‘(3) PAYMENTS TO EACH OF THE 50 STATES AND
September 30, 2021, or the date on which assist- ance under this section. THE DISTRICT OF COLUMBIA.—
ance provided under this section is exhausted, (C) DEADLINE FOR IMMEDIATE PAYROLL ASSIST- ‘‘(A) IN GENERAL.—The Secretary shall reserve
whichever is later; ANCE.—Not later than 10 days after the date of $195,300,000,000 of the amount appropriated
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H802 CONGRESSIONAL RECORD — HOUSE February 26, 2021
under subsection (a) to make payments to each funds made available under this section may all areas that are non-metropolitan cities in the
of the 50 States and the District of Columbia. transfer funds to a private nonprofit organiza- State bears to the total population of all areas
‘‘(B) ALLOCATIONS.—Of the amount reserved tion (as that term is defined in paragraph (17) that are non-metropolitan cities in all such
under subparagraph (A)— of section 401 of the McKinney-Vento Homeless States.
‘‘(i) $25,500,000,000 of such amount shall be al- Assistance Act (42 U.S.C. 11360(17)), or a public ‘‘(C) DISTRIBUTION TO NONENTITLEMENT UNITS
located by the Secretary equally among each of benefit corporation involved in the transpor- OF LOCAL GOVERNMENT.—
the 50 States and the District of Columbia; tation of passengers or cargo, a special-purpose ‘‘(i) IN GENERAL.—Not later than 30 days after
‘‘(ii) an amount equal to $1,250,000,000 less the unit of State or local government. a State receives a payment under subparagraph
amount allocated for the District of Columbia ‘‘(d) CERTIFICATION OF NEED AND INTENDED (B), the State shall distribute to each non-
pursuant to section 601(c)(6) shall allocated by USES.—In order to receive a payment under this entitlement unit of local government in the State
the Secretary as an additional amount to the section (other than the payment made in ac- an amount that bears the same proportion to the
District of Columbia; and cordance with subsection (b)(5)(B) of this sec- amount of such payment as the population of
‘‘(iii) an amount equal to the remainder of the tion) or a transfer of funds under section the nonentitlement unit of local government
amount reserved under subparagraph (A) after 603(c)(3), a State, territory, or Tribal govern- bears to the total population of all the non-
the application of clauses (i) and (ii) of this sub- ment shall provide the Secretary with a certifi- entitlement units of local government in the
paragraph shall be allocated by the Secretary as cation signed by the authorized officer of such State, subject to clause (iii).
an additional amount to each of the 50 States State, territory, or Tribal government, that— ‘‘(ii) DISTRIBUTION OF FUNDS.—
and the District of Columbia in an amount ‘‘(1) such State, territory, or Tribal govern- ‘‘(I) EXTENSION FOR DISTRIBUTION.—If an au-
which bears the same proportion to such re- ment requires Federal assistance under this sec- thorized officer of a State required to make dis-
mainder as the average estimated number of sea- tion to effectively carry out the activities speci- tributions under clause (i) certifies in writing to
sonally-adjusted unemployed individuals (as fied in subsection (c) of this section; and the Secretary before the end of the 30-day dis-
measured by the Bureau of Labor Statistics ‘‘(2) such State, territory, or Tribal govern- tribution period described in such clause that it
Local Area Unemployment Statistics program) ment’s intended uses of any payment under this would constitute an excessive administrative
in the State or District of Columbia over the 3- section, or transfer of funds under section burden for the State to meet the terms of such
month period ending in December 2020 bears to 603(c)(3), are consistent with subsection (c) of clause with respect to 1 or more such distribu-
the average estimated number of seasonally-ad- this section. tions, the authorized officer may request, and
justed unemployed individuals in all of the 50 ‘‘(e) DEFINITIONS.—In this section: the Secretary shall grant, an extension of such
States and the District of Columbia over the ‘‘(1) SECRETARY.—The term ‘Secretary’ means period of not more than 30 days to allow the
same period. the Secretary of the Treasury. State to make such distributions in accordance
‘‘(C) PAYMENT.—The Secretary shall pay each ‘‘(2) STATE.—The term ‘State’ means each of with clause (i).
of the 50 States and the District of Columbia the the 50 States and the District of Columbia. ‘‘(II) ADDITIONAL EXTENSIONS.—
total of the amounts allocated for the State and ‘‘(3) TERRITORY.—The term ‘territory’ means ‘‘(aa) IN GENERAL.—If a State has been grant-
District of Columbia under subparagraph (B). the Commonwealth of Puerto Rico, the United ed an extension to the distribution period under
‘‘(4) POPULATION DATA.—For purposes of de- States Virgin Islands, Guam, the Commonwealth subclause (I) but is unable to make all the dis-
termining allocations for a State or territory of the Northern Mariana Islands, and American tributions required under clause (i) before the
under this section, the population of the State Samoa. end of such period as extended, the authorized
or territory shall be determined based on the ‘‘(4) TRIBAL GOVERNMENT.—The term ‘Tribal officer of the State may request an additional
most recent data available from the Bureau of Government’ means the recognized governing extension of the distribution period of not more
the Census. body of any Indian or Alaska Native tribe, than 30 days. The Secretary may grant a re-
‘‘(5) TIMING.— band, nation, pueblo, village, community, com- quest for an additional extension of such period
‘‘(A) IN GENERAL.—Subject to subparagraph ponent band, or component reservation, individ- only if—
(B), to the extent practicable, with respect to ually identified (including parenthetically) in ‘‘(AA) the authorized officer making such re-
each State, territory, and Tribal government al- the list published most recently as of the date of quest provides a written plan to the Secretary
located a payment under this subsection, the enactment of this Act pursuant to section 104 of specifying, for each distribution for which an
Secretary shall make the payment required for the Federally Recognized Indian Tribe List Act additional extension is requested, when the
the State, territory, or Tribal government (as of 1994 (25 U.S.C. 5131). State expects to make such distribution and the
applicable) not later than 60 days after the date ‘‘SEC. 603. CORONAVIRUS LOCAL FISCAL RECOV- actions the State has taken and will take in
on which the certification required under sub- ERY FUND. order to make all such distributions before the
section (d) is provided to the Secretary. ‘‘(a) APPROPRIATION.—In addition to amounts end of the distribution period (as extended
‘‘(B) EXCEPTION.—With respect to the amount otherwise available, there is appropriated for under subclause (I) and this subclause); and
allocated to the District of Columbia under fiscal year 2021, out of any money in the Treas- ‘‘(BB) the Secretary certifies in writing that
paragraph (3)(B)(ii)— ury not otherwise appropriated, $130,200,000,000, the actions specified in such plan are likely suf-
‘‘(i) the Secretary shall pay such amount to to remain available until expended, for making ficient for the State to make all such distribu-
the District of Columbia not later than 15 days payments under this section to metropolitan cit- tions before the end of the distribution period
after the date of enactment of this section; and ies, nonentitlement units of local government, (as so extended).
‘‘(ii) the District of Columbia shall not be re- and counties to mitigate the fiscal effects stem- ‘‘(bb) FURTHER ADDITIONAL EXTENSIONS.—If a
quired to submit a certification under subsection ming from the public health emergency with re- State granted an additional extension of the dis-
(d) as a condition for receiving such payment. spect to the Coronavirus Disease (COVID–19). tribution period under item (aa) requires any
‘‘(6) PRO RATA ADJUSTMENT AUTHORITY.—The ‘‘(b) AUTHORITY TO MAKE PAYMENTS.— further additional extensions of such period, the
amounts otherwise determined for allocation ‘‘(1) METROPOLITAN CITIES.— request only may be made and granted subject
and payment under paragraphs (1), (2), and (3) ‘‘(A) IN GENERAL.—Of the amount appro- to the requirements specified in item (aa).
may be adjusted by the Secretary on a pro rata priated under subsection (a), the Secretary shall ‘‘(iii) CAPPED AMOUNT.—The total amount dis-
basis to the extent necessary to ensure that all reserve $45,570,000,000 to make payments to met- tributed to a nonentitlement unit of local gov-
available funds are distributed to territories, ropolitan cities. ernment under this paragraph may not exceed
Tribal governments, and States in accordance ‘‘(B) ALLOCATION AND PAYMENT.—From the the amount equal to 75 percent of the most re-
with the requirements specified in each para- amount reserved under subparagraph (A), the cent budget for the nonentitlement unit of local
graph (as applicable) and the certification re- Secretary shall estimate, allocate, and pay, to government as of January 27, 2020.
quirement specified in subsection (d). each metropolitan city an amount determined ‘‘(iv) REDISTRIBUTION OF EXCESS AMOUNTS.—
‘‘(c) REQUIREMENTS.— for the metropolitan city consistent with the for- Any amounts not distributed to a nonentitle-
‘‘(1) USE OF FUNDS.—A State, territory, or mula under section 106(b) of the Housing and ment unit of local government as a result of the
Tribal government shall only use the funds pro- Community Development Act of 1974 (42 U.S.C. application of clause (iii) shall be retained or
vided under a payment made under this section, 5306(b)), except that, in applying such formula, paid as follows:
or transferred pursuant to section 603(c)(3), to— the Secretary shall substitute ‘all metropolitan ‘‘(I) 50 percent of all such undistributed
‘‘(A) respond to or mitigate the public health cities’ for ‘all metropolitan areas’ each place it amounts shall be retained by the State.
emergency with respect to the Coronavirus Dis- appears. ‘‘(II) Subject to the payment limit under
ease 2019 (COVID–19) or its negative economic ‘‘(2) NONENTITLEMENT UNITS OF LOCAL GOV- clause (iii), the remainder of all such undistrib-
impacts; ERNMENT.— uted amounts shall be allocated and paid by the
‘‘(B) cover costs incurred as a result of such ‘‘(A) IN GENERAL.—Of the amount appro- State to each nonentitlement unit of local gov-
emergency; priated under subsection (a), the Secretary shall ernment in the State an amount that bears the
‘‘(C) replace revenue that was lost, delayed, reserve $19,530,000,000 to make payments to same proportion to such remainder as the popu-
or decreased (as determined based on revenue States for distribution by the State to non- lation of the nonentitlement unit of local gov-
projections for the State, Tribal Government, or entitlement units of local government in the ernment bears to the total population of all non-
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territory as of January 27, 2020) as a result of State. entitlement units of local government in the
such emergency; or ‘‘(B) ALLOCATION AND PAYMENT.—From the State.
‘‘(D) address the negative economic impacts of amount reserved under subparagraph (A), the ‘‘(v) ADJUSTMENT AUTHORITY.—A State may
such emergency. Secretary shall allocate and pay to each State make pro rata adjustments to the allocations de-
‘‘(2) TRANSFER AUTHORITY.—A State, territory, an amount which bears the same proportion to termined under clause (iv)(II) as necessary to
or Tribal government receiving a payment from such reserved amount as the total population of comply with clause (iii) and ensure that all
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H803
available funds are distributed to nonentitle- on which the certification required under sub- the meaning given that term in section 102(a)(1)
ment units of local government in a State. section (d) is provided to the Secretary; and of the Housing and Community Development
‘‘(D) PENALTY FOR NONCOMPLIANCE.—If, by ‘‘(B) with respect to the payments allocated to Act of 1974 (42 U.S.C. 5302(a)(1)).’’.
the end of the 120-day period that begins on the States under paragraph (2) for distribution to (b) TECHNICAL AMENDMENT.—The heading for
date a State receives a payment under subpara- nonentitlement units of local government, the title VI of the Social Security Act (42 U.S.C. 801
graph (B) or, if later, the last day of the dis- Secretary shall make such payments not later et seq.) is amended by striking ‘‘FUND’’ and in-
tribution period for the State (as extended with than 60 days after the date of enactment of this serting ‘‘AND FISCAL RECOVERY FUNDS’’.
respect to the State under subparagraph (C)(ii)), section. Subtitle B—Other Matters
such State has failed to make all the distribu- ‘‘(c) REQUIREMENTS.—
‘‘(1) USE OF FUNDS.—Except as provided in SEC. 5111.
EMERGENCY FEDERAL EMPLOYEE
tions from such payment in accordance with the LEAVE FUND.
terms of subparagraph (C) (including any exten- paragraph (3), a metropolitan city, nonentitle-
ment unit of local government, or county receiv- (a) ESTABLISHMENT; APPROPRIATION.—There
sions of the distribution period granted in ac-
ing a payment from funds made available under is established in the Treasury the Emergency
cordance with such subparagraph), an amount
this section shall only use such amounts to— Federal Employee Leave Fund (in this section
equal to the amount of such payment that re-
‘‘(A) respond to or mitigate the public health referred to as the ‘‘Fund’’), to be administered
mains undistributed as of such date shall be
emergency with respect to the Coronavirus Dis- by the Director of the Office of Personnel Man-
booked as a debt of such State owed to the Fed-
ease 2019 (COVID–19) or its negative economic agement, for the purposes set forth in subsection
eral Government, shall be paid back from the
impacts; (b). In addition to amounts otherwise available,
State’s allocation provided under section
‘‘(B) cover costs incurred as a result of such there is appropriated for fiscal year 2021, out of
602(b)(3)(B)(iii), and shall be deposited into the
emergency; any money in the Treasury not otherwise appro-
general fund of the Treasury.
‘‘(C) replace revenue that was lost, delayed, priated, $570,000,000, which shall be deposited
‘‘(3) COUNTIES.—
‘‘(A) AMOUNT.—From the amount appro- or decreased (as determined based on revenue into the Fund and remain available through
priated under subsection (a), the Secretary shall projections for the metropolitan city, nonentitle- September 30, 2022. The Fund is available for
reserve $65,100,000,000 of such amount to make ment unit of local government, or county as of reasonable expenses incurred by the Office of
payments directly to counties in an amount January 27, 2020) as a result of such emergency; Personnel Management in administering this
which bears the same proportion to the total or section.
‘‘(D) address the negative economic impacts of (b) PURPOSE.—Amounts in the Fund shall be
amount reserved under this paragraph as the
such emergency. available for reimbursement to an agency for the
relative population of each such county bears to ‘‘(2) TRANSFER AUTHORITY.—A metropolitan
the total population of all such entities. use of paid leave under this section by any em-
city, nonentitlement unit of local government, or ployee of the agency who is unable to work be-
‘‘(B) SPECIAL RULES.—
county receiving a payment from funds made cause the employee—
‘‘(i) URBAN COUNTIES.—No county that is an
available under this section may transfer funds (1) is subject to a Federal, State, or local quar-
‘urban county’ (as defined in section 102 of the
to a private nonprofit organization (as that term antine or isolation order related to COVID–19;
Housing and Community Development Act of
is defined in paragraph (17) of section 401 of the (2) has been advised by a health care provider
1974 (42 U.S.C. 5302)) shall receive less than the
McKinney-Vento Homeless Assistance Act (42 to self-quarantine due to concerns related to
amount the county would otherwise receive if
U.S.C. 11360(17)), a public benefit corporation COVID–19;
the amount paid under this paragraph were al-
involved in the transportation of passengers or (3) is caring for an individual who is subject
located to metropolitan cities and urban coun-
cargo, or a special-purpose unit of State or local to such an order or has been so advised;
ties under section 106(b) of the Housing and
government. (4) is experiencing symptoms of COVID–19 and
Community Development Act of 1974 (42 U.S.C. ‘‘(3) TRANSFERS TO STATES.—Notwithstanding
5306(b)). seeking a medical diagnosis;
paragraph (1) of this subsection, a metropolitan (5) is caring for a son or daughter of such em-
‘‘(ii) COUNTIES THAT ARE NOT UNITS OF GEN-
city, nonentitlement unit of local government, or ployee if the school or place of care of the son
ERAL LOCAL GOVERNMENT.—In the case of an
county receiving a payment from funds made or daughter has been closed, if the school of
amount to be paid to a county that is not a unit
available under this section may transfer such such son or daughter requires or makes optional
of general local government, the amount shall
funds to the State in which such entity is lo- a virtual learning instruction model or requires
instead be paid to the State in which such coun-
cated. or makes optional a hybrid of in-person and vir-
ty is located, and such State shall distribute ‘‘(d) CERTIFICATION OF NEED AND INTENDED
such amount to units of general local govern- tual learning instruction models, or the child
USES.—In order to receive a payment under care provider of such son or daughter is un-
ment within such county in an amounts that paragraphs (1) or (3) of subsection (b), a metro-
bear the same proportion as the population of available, due to COVID–19 precautions;
politan city or a county (as each of those terms (6) is experiencing any other substantially
such units of general local government bear to are defined in subsection (e)), shall provide the
the total population of such county. similar condition;
Secretary with a certification signed by the au- (7) is caring for a family member with a men-
‘‘(iii) DISTRICT OF COLUMBIA.—For purposes
thorized officer of such metropolitan city or tal or physical disability or who is 55 years of
of this paragraph, the District of Columbia shall
county, that— age or older and incapable of self-care, without
be considered to consist of a single county that ‘‘(1) such metropolitan city or county requires
is a unit of general local government. regard to whether another individual other than
Federal assistance under this section to effec- the employee is available to care for such family
‘‘(4) CONSOLIDATED GOVERNMENTS.—A unit of
tively carry out the activities specified in sub- member, if the place of care for such family
general local government that has formed a con-
section (c); and member is closed or the direct care provider is
solidated government, or that is geographically ‘‘(2) such metropolitan city or county’s in-
contained (in full or in part) within the bound- unavailable due to COVID–19; or
tended uses of any payment under this section
aries of another unit of general local govern- (8) is obtaining immunization related to
are consistent with subsection (c).
ment may receive a distribution under each of COVID–19 or to recover from any injury, dis-
‘‘(e) DEFINITIONS.—In this section:
paragraphs (1), (2), and (3), as applicable, based ‘‘(1) COUNTY.—The term ‘county’ means a ability, illness, or condition related to such im-
on the respective formulas specified in such county, parish, or other equivalent county divi- munization.
paragraphs. sion (as defined by the Bureau of the Census). (c) LIMITATIONS.—
‘‘(5) PRO RATA ADJUSTMENT AUTHORITY.—The ‘‘(2) METROPOLITAN CITY.—The term ‘metro- (1) PERIOD OF AVAILABILITY.—Paid leave
amounts otherwise determined for allocation politan city’ has the meaning given that term in under this section may only be provided to and
and payment under paragraphs (1), (2), and (3) section 102(a)(4) of the Housing and Community used by an employee during the period begin-
may be adjusted by the Secretary on a pro rata Development Act of 1974 (42 U.S.C. 5302(a)(4)) ning on the date of enactment of this Act and
basis to the extent necessary to ensure that all and includes cities that relinquish or defer their ending on September 30, 2021.
available funds are distributed to metropolitan status as a metropolitan city for purposes of re- (2) TOTAL HOURS; AMOUNT.—Paid leave under
cities, counties, and States in accordance with ceiving allocations under section 106 of such Act this section—
the requirements specified in each paragraph (42 U.S.C. 5306) for fiscal year 2021. (A) shall be provided to an employee in an
(as applicable) and the certification requirement ‘‘(3) NONENTITLEMENT UNIT OF LOCAL GOVERN- amount not to exceed 600 hours of paid leave for
specified in subsection (d). MENT.—The term ‘nonentitlement unit of local each full-time employee, and in the case of a
‘‘(6) POPULATION.—For purposes of deter- government’ means a ‘city’ (as that term is de- part-time employee, employee on an uncommon
mining allocations under this section, the popu- fined in section 102(a)(5) of the Housing and tour of duty, or employee with a seasonal work
lation of an entity shall be determined based on Community Development Act of 1974 (42 U.S.C. schedule, in an amount not to exceed the pro-
the most recent data are available from the Bu- 5302(a)(5))) that is not a metropolitan city. portional equivalent of 600 hours to the extent
reau of the Census or, if not available, from ‘‘(4) SECRETARY.—The term ‘Secretary’ means amounts in the Fund remain available for reim-
such other data as a State determines appro- the Secretary of the Treasury. bursement;
priate. ‘‘(5) STATE.—The term ‘State’ means each of (B) shall be paid at the same hourly rate as
‘‘(7) TIMING.—To the extent practicable— the 50 States, the District of Columbia, the Com- other leave payments; and
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‘‘(A) with respect to each metropolitan city al- monwealth of Puerto Rico, the United States (C) may not be provided to an employee if the
located a payment under paragraph (1) and Virgin Islands, Guam, the Commonwealth of the leave would result in payments greater than
each county allocated a payment under para- Northern Mariana Islands, and American $2,800 in aggregate for any biweekly pay period
graph (3), the Secretary shall make the payment Samoa. for a full-time employee, or a proportionally
required for the metropolitan city or county (as ‘‘(6) UNIT OF GENERAL LOCAL GOVERNMENT.— equivalent biweekly limit for a part-time em-
applicable) not later than 60 days after the date The term ‘unit of general local government’ has ployee.
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H804 CONGRESSIONAL RECORD — HOUSE February 26, 2021
(3) RELATIONSHIP TO OTHER LEAVE.—Paid issued by the Administrator) other than a busi- code, per physical location of the business con-
leave under this section— ness concern described in paragraph (a) or (k) cern or organization; and
(A) is in addition to any other leave provided of such section.’’; and ‘‘(bb) the business concern or organization
to an employee; and (B) in subparagraph (D)— makes a good faith certification that proceeds of
(B) may not be used by an employee concur- (i) in clause (iii), by adding at the end the fol- the loan will be used to support expenses at the
rently with any other paid leave. lowing: component of the business concern or organiza-
(4) CALCULATION OF RETIREMENT BENEFIT.— ‘‘(III) ELIGIBILITY OF CERTAIN ORGANIZA- tion that supports local or regional news.’’;
Any paid leave provided to an employee under TIONS.—Subject to the provisions in this sub- (B) in clause (iv), by adding at the end the
this section shall reduce the total service used to paragraph, during the covered period— following:
calculate any Federal civilian retirement ben- ‘‘(aa) a nonprofit organization shall be eligi- ‘‘(VI) any business concern or other organiza-
efit. ble to receive a covered loan if the nonprofit or- tion that was not eligible to receive a covered
(d) EMPLOYEE DEFINED.—In this section, the ganization employs not more than 500 employees loan the day before the date of enactment of
term ‘‘employee’’ means— per physical location of the organization; and this subclause, is assigned a North American In-
(1) an individual in the executive branch for ‘‘(bb) an additional covered nonprofit entity dustry Classification System code of 519130, cer-
whom annual and sick leave is provided under and an organization that, but for subclauses tifies in good faith as an Internet-only news
subchapter I of chapter 63 of title 5, United (I)(dd) and (II)(dd) of clause (vii), would be eli- publisher or Internet-only periodical publisher,
States Code; gible for a covered loan under clause (vii) shall and is engaged in the collection and distribution
(2) an individual employed by the United be eligible to receive a covered loan if the entity of local or regional and national news and in-
States Postal Service; or organization employs not more than 300 em- formation, if the business concern or organiza-
(3) an individual employed by the Postal Reg- ployees per physical location of the entity or or- tion—
ulatory Commission; and ganization.’’; ‘‘(aa) employs not more than 500 employees, or
(4) an employee of the Public Defender Service (ii) in clause (iv)— the size standard established by the Adminis-
for the District of Columbia and the District of (I) in subclause (III), by striking ‘‘and’’ at the trator for that North American Industry Classi-
Columbia Courts. end; fication code, per physical location of the busi-
SEC. 5112. FUNDING FOR THE GOVERNMENT AC- (II) in subclause (IV)— ness concern or organization; and
COUNTABILITY OFFICE. (aa) by striking ‘‘(aa)’’; ‘‘(bb) is majority owned or controlled by a
In addition to amounts otherwise available, (bb) by striking ‘‘; or’’ and inserting a semi- business concern or organization that is as-
there is appropriated for fiscal year 2021, out of colon; and signed a North American Industry Classification
any money in the Treasury not otherwise appro- (cc) by striking item (bb); and System code of 519130.’’;
priated, $77,000,000, to remain available until (III) by adding at the end the following: (C) in clause (v), by striking ‘‘clause (iii)(II),
September 30, 2025, for necessary expenses of the ‘‘(V) any nonprofit organization, additional (iv)(IV), or (vii)’’ and inserting ‘‘subclause (II),
Government Accountability Office to prevent, covered nonprofit entity, or any organization (III), or (IV) of clause (iii), subclause (IV) or
prepare for, and respond to Coronavirus and to made eligible for a loan under clause (vii); (VI) of clause (iv), clause (vi), or clause (vii)’’;
support oversight of the Coronavirus response and’’; and and
and of funds provided in this Act or any other (iii) by striking clause (vi) and inserting the (D) in clause (viii)(II)—
Act pertaining to the Coronavirus pandemic. following: (i) by striking ‘‘business concern made eligible
‘‘(vi) ELIGIBILITY OF ADDITIONAL COVERED by clause (iii)(II) or clause (iv)(IV) of this sub-
SEC. 5113. PANDEMIC RESPONSE ACCOUNT-
ABILITY COMMITTEE FUNDING NONPROFIT ENTITIES.—An additional covered paragraph’’ and inserting ‘‘business concern
AVAILABILITY. nonprofit entity shall be eligible to receive a made eligible by subclause (II) or (IV) of clause
In addition to amounts otherwise available, covered loan if— (iii) or subclause (IV) or (VI) of clause (iv) of
there is appropriated for fiscal year 2021, out of ‘‘(I) the additional covered nonprofit entity this subparagraph’’; and
any money in the Treasury not otherwise appro- does not receive more than 15 percent of its re- (ii) by inserting ‘‘or organization’’ after ‘‘busi-
priated, $40,000,000, to remain available until ceipts from lobbying activities; ness concern’’ each place it appears.
September 30, 2025, for the Pandemic Response ‘‘(II) the lobbying activities of the additional (2) ELIGIBILITY FOR SECOND DRAW LOANS.—
Accountability Committee to promote trans- covered nonprofit entity do not comprise more Section 7(a)(37)(A)(iv)(II) of the Small Business
parency and support oversight of the than 15 percent of the total activities of the or- Act, as amended by the Economic Aid to Hard-
Coronavirus response and of funds provided in ganization; Hit Small Businesses, Nonprofits, and Venues
this Act or any other Act pertaining to the ‘‘(III) the cost of the lobbying activities of the Act (title III of division N of Public Law 116–
Coronavirus pandemic. additional covered nonprofit entity did not ex- 260), is amended by striking ‘‘clause (iii)(II),
ceed $1,000,000 during the most recent tax year (iv)(IV), or (vii)’’ and inserting ‘‘subclause (II)
SEC. 5114. FUNDING FOR THE WHITE HOUSE.
of the additional covered nonprofit entity that or (III) of clause (iii), subclause (IV) or (V) of
In addition to amounts otherwise available, ended prior to February 15, 2020; and
there is appropriated for fiscal year 2021, out of clause (iv), clause (vi), or clause (vii)’’.
‘‘(IV) the additional covered nonprofit entity (c) COORDINATION WITH CONTINUATION COV-
any money in the Treasury not otherwise appro- employs not more than 300 employees.’’. ERAGE PREMIUM ASSISTANCE.—
priated, $12,800,000, to remain available until (2) ELIGIBILITY FOR SECOND DRAW LOANS.— (1) PAYCHECK PROTECTION PROGRAM.—Section
September 30, 2021, for necessary expenses for Paragraph (37)(A)(i) of section 7(a) of the Small 7A(a)(12) of the Small Business Act (as redesig-
the White House, to prevent, prepare for, and Business Act (15 U.S.C. 636(a)), as added by the nated, transferred, and amended by section
respond to coronavirus. Economic Aid to Hard-Hit Small Businesses, 304(b) of the Economic Aid to Hard-Hit Small
TITLE VI—COMMITTEE ON SMALL Nonprofits, and Venues Act (title III of division Businesses, Nonprofits, and Venues Act (Public
BUSINESS N of Public Law 116–260), is amended by insert- Law 116–260)) is amended—
SEC. 6001. MODIFICATIONS TO PAYCHECK PRO- ing ‘‘ ‘additional covered nonprofit entity’,’’ (A) by striking ‘‘CARES Act or’’ and inserting
TECTION PROGRAM. after ‘‘the terms’’. ‘‘CARES Act,’’; and
(a) ELIGIBILITY OF CERTAIN NONPROFIT ENTI- (b) ELIGIBILITY OF INTERNET PUBLISHING OR- (B) by inserting before the period at the end
TIES FOR COVERED LOANS UNDER THE PAYCHECK GANIZATIONS FOR COVERED LOANS UNDER THE the following: ‘‘, or premiums taken into ac-
PROTECTION PROGRAM.— PAYCHECK PROTECTION PROGRAM.— count in determining the credit allowed under
(1) IN GENERAL.—Section 7(a)(36) of the Small (1) IN GENERAL.—Section 7(a)(36)(D) of the section 6432 of the Internal Revenue Code of
Business Act (15 U.S.C. 636(a)(36)), as amended Small Business Act (15 U.S.C. 636(a)(36)(D)), as 1986’’.
by the Economic Aid to Hard-Hit Small Busi- amended by subsection (a), is further amended— (2) PAYCHECK PROTECTION PROGRAM SECOND
nesses, Nonprofits, and Venues Act (title III of (A) in clause (iii), by adding at the end the DRAW.—Section 7(a)(37)(J)(iii)(I) of the Small
division N of Public Law 116–260), is amended— following: Business Act, as amended by the Economic Aid
(A) in subparagraph (A)— ‘‘(IV) ELIGIBILITY OF INTERNET PUBLISHING to Hard-Hit Small Businesses, Nonprofits, and
(i) in clause (xv), by striking ‘‘and’’ at the ORGANIZATIONS.—A business concern or other Venues Act (title III of division N of Public Law
end; organization that was not eligible to receive a 116–260), is amended—
(ii) in clause (xvi), by striking the period at covered loan the day before the date of enact- (A) by striking ‘‘or’’ at the end of item (aa);
the end and inserting ‘‘; and’’; and ment of this subclause, is assigned a North (B) by striking the period at the end of item
(iii) by adding at the end the following: American Industry Classification System code of (bb) and inserting ‘‘; or’’; and
‘‘(xvii) the term ‘additional covered nonprofit 519130, certifies in good faith as an Internet- (C) by adding at the end the following new
entity’— only news publisher or Internet-only periodical item:
‘‘(I) means an organization described in any publisher, and is engaged in the collection and ‘‘(cc) premiums taken into account in deter-
paragraph of section 501(c) of the Internal Rev- distribution of local or regional and national mining the credit allowed under section 6432 of
enue Code of 1986, other than paragraph (3), news and information shall be eligible to receive the Internal Revenue Code of 1986.’’.
(4), (6), or (19), and exempt from tax under sec- a covered loan for the continued provision of (3) APPLICABILITY.—The amendments made by
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tion 501(a) of such Code; and news, information, content, or emergency infor- this subsection shall apply only with respect to
‘‘(II) does not include any entity that, if the mation if— applications for forgiveness of covered loans
entity were a business concern, would be de- ‘‘(aa) the business concern or organization made under paragraphs (36) or (37) of section
scribed in section 120.110 of title 13, Code of Fed- employs not more than 500 employees, or the size 7(a) of the Small Business Act, as amended by
eral Regulations (or in any successor regulation standard established by the Administrator for the Economic Aid to Hard-Hit Small Businesses,
or other related guidance or rule that may be that North American Industry Classification Nonprofits, and Venues Act (title III of division
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H805
N of Public Law 116–260), that are received on mental payments to substantially impacted (II) the product obtained by multiplying the
or after the date of the enactment of this Act. small businesses, supplemental payments de- average monthly gross receipts of the eligible en-
(d) COMMITMENT AUTHORITY AND APPROPRIA- scribed in paragraph (2), and payments de- tity in 2020 by 12; or
TIONS.— scribed in paragraph (1), in the order that the (ii) an amount based on a formula determined
(1) COMMITMENT AUTHORITY.—Section Administrator receives applications for those by the Administrator;
1102(b)(1) of the CARES Act (Public Law 116– payments. (C) if the eligible entity opened during the pe-
136) is amended by striking ‘‘$806,450,000,000’’ (c) APPROPRIATIONS.—In addition to amounts riod beginning on January 1, 2020, and ending
and inserting ‘‘$813,700,000,000’’. otherwise available, there is appropriated to the on the day before the date of enactment of this
(2) DIRECT APPROPRIATIONS.—In addition to Administrator for fiscal year 2021, out of any section—
amounts otherwise available, there is appro- money in the Treasury not otherwise appro- (i) the expenses described in subsection
priated to the Administrator of the Small Busi- priated, $15,000,000,000, to remain available (c)(5)(A) that were incurred by the eligible enti-
ness Administration for fiscal year 2021, out of until expended, for carrying out this section. ty minus any gross receipts received; or
(ii) an amount based on a formula determined
any money in the Treasury not otherwise appro- SEC. 6003. SUPPORT FOR RESTAURANTS. by the Administrator; or
priated, $7,250,000,000, to remain available until (a) DEFINITIONS.—In this section: (D) if the eligible entity has not yet opened as
expended, for carrying out this section. (1) ADMINISTRATOR.—The term ‘‘Adminis- of the date of application for a grant under sub-
SEC. 6002. TARGETED EIDL ADVANCE. trator’’ means the Administrator of the Small section (c), but has incurred expenses described
(a) DEFINITIONS.—In this section— Business Administration. in subsection (c)(5)(A) as of the date of enact-
(1) the term ‘‘Administrator’’ means the Ad- (2) AFFILIATED BUSINESS.—The term ‘‘affili- ment of this section—
ministrator of the Small Business Administra- ated business’’ means a business in which an el- (i) the amount of those expenses; or
tion; igible entity has an equity or right to profit dis- (ii) an amount based on a formula determined
(2) the terms ‘‘covered entity’’ and ‘‘economic tributions of not less than 50 percent, or in by the Administrator.
loss’’ have the meanings given the terms in sec- which an eligible entity has the contractual au- For purposes of this paragraph, the pandemic-
tion 331(a) of the Economic Aid to Hard-Hit thority to control the direction of the business, related revenue losses for an eligible entity shall
Small Businesses, Nonprofits, and Venues Act provided that such affiliation shall be deter- be reduced by any amounts received from a cov-
(title III of division N of Public Law 116–260); mined as of any arrangements or agreements in ered loan made under paragraph (36) or (37) of
(3) the term ‘‘severely impacted small busi- existence as of March 13, 2020. section 7(a) of the Small Business Act (15 U.S.C.
ness’’ means a covered entity that— (3) COVERED PERIOD.—The term ‘‘covered pe- 636(a)) in 2020 or 2021.
(A) has suffered an economic loss of greater riod’’ means the period— (8) PAYROLL COSTS.—The term ‘‘payroll costs’’
than 50 percent; and (A) beginning on February 15, 2020; and has the meaning given the term in section
(B) employs not more than 10 employees; (B) ending on December 31, 2021, or a date to 7(a)(36)(A) of the Small Business Act (15 U.S.C.
(4) the term ‘‘substantially impacted small be determined by the Administrator that is not 636(a)(36)(A)), except that such term shall not
include—
business’’ means a covered entity that— later than 2 years after the date of enactment of
(A) qualified wages (as defined in subsection
(A) employs not more than 10 employees; and this section.
(c)(3) of section 2301 of the CARES Act) taken
(B) is not a severely impacted small business; (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti- into account in determining the credit allowed
and ty’’— under such section 2301; or
(5) the term ‘‘supplemental payment’’ means a (A) means a restaurant, food stand, food (B) premiums taken into account in deter-
payment— truck, food cart, caterer, saloon, inn, tavern, mining the credit allowed under section 6432 of
(A) made by the Administrator under section bar, lounge, brewpub, tasting room, taproom, li- the Internal Revenue Code of 1986.
1110(e) of the CARES Act (15 U.S.C. 9009(e)) to censed facility or premise of a beverage alcohol (9) PUBLICLY-TRADED COMPANY.—The term
a severely impacted small business or a substan- producer where the public may taste, sample, or ‘‘publicly-traded company’’ means an entity
tially impacted small business; purchase products, or other similar place of that is majority owned or controlled by an enti-
(B) in an amount that is $5,000; and business in which the public or patrons assemble ty that is an issuer, the securities of which are
(C) that, with respect to a covered entity, is in for the primary purpose of being served food or listed on a national securities exchange under
addition to any payment made to the covered drink; section 6 of the Securities Exchange Act of 1934
entity under section 1110(e) of the CARES Act (B) includes an entity described in subpara- (15 U.S.C. 78f).
(15 U.S.C. 9009(e)) or section 331 of the Eco- graph (A) that is located in an airport terminal (10) TRIBALLY-OWNED CONCERN.—The term
nomic Aid to Hard-Hit Small Businesses, Non- or that is a Tribally-owned concern; and ‘‘Tribally-owned concern’’ has the meaning
profits, and Venues Act (title III of division N of (C) does not include— given the term in section 124.3 of title 13, Code
Public Law 116–260). (i) an entity described in subparagraph (A) of Federal Regulations, or any successor regula-
(b) PAYMENTS.—The Administrator shall take that— tion.
the following actions: (I) is a State or local government-operated (b) RESTAURANT REVITALIZATION FUND.—
(1) Not later than 14 days after the date of the business; (1) IN GENERAL.—There is established in the
enactment of this subsection, the Administrator (II) as of March 13, 2020, owns or operates (to- Treasury of the United States a fund to be
shall begin processing applications for pay- gether with any affiliated business) more than known as the Restaurant Revitalization Fund.
ments, and may make payments, to covered enti- 20 locations, regardless of whether those loca- (2) APPROPRIATIONS.—
ties that have not received the full amounts to tions do business under the same or multiple (A) IN GENERAL.—In addition to amounts oth-
which the covered entities are entitled under names; or erwise available, there is appropriated to the
section 331 of the Economic Aid to Hard-Hit (III) has a pending application for or has re- Restaurant Revitalization Fund for fiscal year
Small Businesses, Nonprofits, and Venues Act ceived a grant under section 324 of the Economic 2021, out of any money in the Treasury not oth-
(title III of division N of Public Law 116–260). Aid to Hard-Hit Small Businesses, Nonprofits, erwise appropriated, $25,000,000,000, to remain
(2)(A) During the 14-day period beginning on and Venues Act (title III of division N of Public available until expended.
the date that is 28 days after the date of enact- Law 116–260); or (B) DISTRIBUTION.—
(i) IN GENERAL.—Of the amounts made avail-
ment of this subsection, and subject to the avail- (ii) a publicly-traded company.
able under subparagraph (A)—
ability of funds, the Administrator shall— (5) EXCHANGE; ISSUER; SECURITY.—The terms (I) $5,000,000,000 shall be available to eligible
(i) begin processing applications for supple- ‘‘exchange’’, ‘‘issuer’’, and ‘‘security’’ have the entities with gross receipts during 2019 of not
mental payments to severely impacted small meanings given those terms in section 3(a) of the more than $500,000; and
businesses; and Securities Exchange Act of 1934 (15 U.S.C. (II) $20,000,000,000 shall be available to the
(ii) continue to process applications for the 78c(a)). Administrator to award grants under subsection
payments described in paragraph (1). (6) FUND.—The term ‘‘Fund’’ means the Res- (c) in an equitable manner to eligible entities of
(B) During the period described in subpara- taurant Revitalization Fund established under different sizes based on annual gross receipts.
graph (A), the Administrator may make supple- subsection (b). (ii) ADJUSTMENTS.—The Administrator may
mental payments to severely impacted small (7) PANDEMIC-RELATED REVENUE LOSS.—The make adjustments as necessary to the distribu-
businesses, and payments described in para- term ‘‘pandemic-related revenue loss’’ means, tion of funds under clause (i)(II) based on de-
graph (1), in the order that the Administrator with respect to an eligible entity— mand and the relative local costs in the markets
receives applications for those payments. (A) except as provided in subparagraphs (B), in which eligible entities operate.
(3)(A) Beginning on the date that is 42 days (C), and (D), the gross receipts, as established (C) GRANTS AFTER INITIAL PERIOD.—Notwith-
after the date of enactment of this subsection, using such verification documentation as the standing subparagraph (B), on and after the
and subject to the availability of funds, the Ad- Administrator may require, of the eligible entity date that is 60 days after the date of enactment
ministrator shall— during 2020 subtracted from the gross receipts of of this section, or another period of time deter-
(i) begin processing applications for supple- the eligible entity in 2019, if such sum is greater mined by the Administrator, the Administrator
mental payments to substantially impacted than zero; may make grants using amounts appropriated
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small businesses; and (B) if the eligible entity was not in operation under subparagraph (A) to any eligible entity
(ii) continue to process applications for the for the entirety of 2019— regardless of the annual gross receipts of the eli-
supplemental payments described in paragraph (i) the difference between— gible entity.
(2) and payments described in paragraph (1). (I) the product obtained by multiplying the (3) USE OF FUNDS.—The Administrator shall
(B) During the period described in subpara- average monthly gross receipts of the eligible en- use amounts in the Fund to make grants de-
graph (A), the Administrator may make supple- tity in 2019 by 12; and scribed in subsection (c).
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H806 CONGRESSIONAL RECORD — HOUSE February 26, 2021
(c) RESTAURANT REVITALIZATION GRANTS.— (G) Food and beverage expenses that are with- Community Navigator pilot program to make
(1) IN GENERAL.—Except as provided in sub- in the scope of the normal business practice of grants to, or enter into contracts or cooperative
section (b) and paragraph (3), the Administrator the eligible entity before the covered period. agreements with, private nonprofit organiza-
shall award grants to eligible entities in the (H) Covered supplier costs, as defined in sec- tions, resource partners, States, Tribes, and
order in which applications are received by the tion 7A(a) of the Small Business Act (as redesig- units of local government to ensure the delivery
Administrator. nated, transferred, and amended by section of free community navigator services to current
(2) APPLICATION.— 304(b) of the Economic Aid to Hard-Hit Small or prospective owners of eligible businesses in
(A) CERTIFICATION.—An eligible entity apply- Businesses, Nonprofits, and Venues Act (Public order to improve access to assistance programs
ing for a grant under this subsection shall make Law 116–260)). and resources made available because of the
a good faith certification that— (I) Operational expenses. COVID–19 pandemic by Federal, State, Tribal,
(i) the uncertainty of current economic condi- (J) Paid sick leave. and local entities.
tions makes necessary the grant request to sup- (K) Any other expenses that the Administrator (2) APPROPRIATIONS.—In addition to amounts
port the ongoing operations of the eligible enti- determines to be essential to maintaining the eli- otherwise available, there is appropriated to the
ty; and gible entity. Administrator for fiscal year 2021, out of any
(ii) the eligible entity has not applied for or (6) RETURNING FUNDS.—If an eligible entity money in the Treasury not otherwise appro-
received a grant under section 324 of the Eco- that receives a grant under this subsection fails priated, $100,000,000, to remain available until
nomic Aid to Hard-Hit Small Businesses, Non- to use all grant funds or permanently ceases op- September 30, 2022, for carrying out this sub-
profits, and Venues Act (title III of division N of erations on or before the last day of the covered section.
Public Law 116–260). period, the eligible entity shall return to the (c) OUTREACH AND EDUCATION.—
(B) BUSINESS IDENTIFIERS.—In accepting ap- Treasury any funds that the eligible entity did (1) PROMOTION.—The Administrator shall de-
plications for grants under this subsection, the not use for the allowable expenses under para- velop and implement a program to promote com-
Administrator shall prioritize the ability of each graph (5). munity navigator services to current or prospec-
applicant to use their existing business identi- SEC. 6004. COMMUNITY NAVIGATOR PILOT PRO- tive owners of eligible businesses.
fiers over requiring other forms of registration or GRAM. (2) CALL CENTER.—The Administrator shall es-
identification that may not be common to their (a) DEFINITIONS.—In this section: tablish a telephone hotline to offer information
industry and imposing additional burdens on (1) ADMINISTRATION.—The term ‘‘Administra- about Federal programs to assist eligible busi-
applicants. tion’’ means the Small Business Administration. nesses and offer referral services to resource
(3) PRIORITY IN AWARDING GRANTS.— (2) ADMINISTRATOR.—The term ‘‘Adminis- partners, community navigators, potential lend-
(A) IN GENERAL.—During the initial 21-day trator’’ means the Administrator of the Small ers, and other persons that the Administrator
period in which the Administrator awards Business Administration. determines appropriate for current or prospec-
grants under this subsection, the Administrator (3) COMMUNITY NAVIGATOR SERVICES.—The tive owners of eligible businesses.
shall prioritize awarding grants to eligible enti- term ‘‘community navigator services’’ means the (3) OUTREACH.—The Administrator shall—
ties that are small business concerns owned and outreach, education, and technical assistance (A) conduct outreach and education, in the 10
controlled by women (as defined in section 3(n) provided by community navigators that target most commonly spoken languages in the United
of the Small Business Act (15 U.S.C. 632(n))), eligible businesses to increase awareness of, and States, to current or prospective owners of eligi-
small business concerns owned and controlled participation in, programs of the Small Business ble businesses on community navigator services
by veterans (as defined in section 3(q) of such Administration. and other Federal programs to assist eligible
Act (15 U.S.C. 632(q))), or socially and economi- (4) COMMUNITY NAVIGATOR.—The term ‘‘com- businesses;
cally disadvantaged small business concerns (as munity navigator’’ means a community organi- (B) improve the website of the Administration
defined in section 8(a)(4)(A) of the Small Busi- zation, community financial institution as de- to describe such community navigator services
ness Act (15 U.S.C. 637(a)(4)(A))). The Adminis- fined in section 7(a)(36)(A) of the Small Busi- and other Federal programs; and
trator may take such steps as necessary to en- ness Act (15 U.S.C. 636(a)(36)(A)), or other pri- (C) implement an education campaign by ad-
sure that eligible entities described in this sub- vate nonprofit organization engaged in the de- vertising in media targeted to current or pro-
paragraph have access to grant funding under livery of community navigator services. spective owners of eligible businesses.
this section after the end of such 21-day period. (5) ELIGIBLE BUSINESS.—The term ‘‘eligible (4) APPROPRIATIONS.—In addition to amounts
(B) CERTIFICATION.—For purposes of estab- business’’ means any small business concern, otherwise available, there is appropriated to the
lishing priority under subparagraph (A), an ap- with priority for small business concerns owned Administrator for fiscal year 2021, out of any
plicant shall submit a self-certification of eligi- and controlled by women (as defined in section money in the Treasury not otherwise appro-
bility for priority with the grant application. 3(n) of the Small Business Act (15 U.S.C.
(4) GRANT AMOUNT.— priated, $75,000,000, to remain available until
632(n))), small business concerns owned and September 30, 2022, for carrying out this sub-
(A) AGGREGATE MAXIMUM AMOUNT.—The ag-
controlled by veterans (as defined in section 3(q) section.
gregate amount of grants made to an eligible en-
of such Act (15 U.S.C. 632(q))), and socially and (d) SUNSET.—The authority of the Adminis-
tity and any affiliated businesses of the eligible
economically disadvantaged small business con- trator to make grants under this section shall
entity under this subsection—
cerns (as defined in section 8(a)(4)(A) of the terminate on December 31, 2025.
(i) shall not exceed $10,000,000; and
(ii) shall be limited to $5,000,000 per physical Small Business Act (15 U.S.C. 637(a)(4)(A))). SEC. 6005. SHUTTERED VENUE OPERATORS.
location of the eligible entity. (6) PRIVATE NONPROFIT ORGANIZATION.—The
In addition to amounts otherwise available,
(B) DETERMINATION OF GRANT AMOUNT.— term ‘‘private nonprofit organization’’ means an
there is appropriated for fiscal year 2021, out of
(i) IN GENERAL.—Except as provided in this entity that is described in section 501(c) of the
any money in the Treasury not otherwise appro-
paragraph, the amount of a grant made to an Internal Revenue Code of 1986 and exempt from
priated, $1,250,000,000, to remain available until
eligible entity under this subsection shall be tax under section 501(a) of such Code.
expended, to carry out section 324 of the Eco-
equal to the pandemic-related revenue loss of (7) RESOURCE PARTNER.—The term ‘‘resource
nomic Aid to Hard-Hit Small Businesses, Non-
the eligible entity. partner’’ means—
profits, and Venues Act (title III of division N of
(ii) RETURN TO TREASURY.—Any amount of a (A) a small business development center (as
Public Law 116–260), of which $500,000 shall be
grant made under this subsection to an eligible defined in section 3 of the Small Business Act
used to provide technical assistance to help ap-
entity based on estimated receipts that is greater (15 U.S.C. 632));
(B) a women’s business center (as described in plicants access the System for Award Manage-
than the actual gross receipts of the eligible en- ment (or any successor thereto) or to assist ap-
tity in 2020 shall be returned to the Treasury. section 29 of the Small Business Act (15 U.S.C.
656)); and plicants with an alternative grant application
(5) USE OF FUNDS.—During the covered period, system, which the Administrator of the Small
an eligible entity that receives a grant under (C) a chapter of the Service Corps of Retired
Executives (as defined in section 8(b)(1)(B) of Business Administration may develop for use for
this subsection may use the grant funds for the grant programs of the Small Business Adminis-
following expenses incurred as a direct result of, the Act (15 U.S.C. 637(b)(1)(B))).
(8) SMALL BUSINESS CONCERN.—The term tration.
or during, the COVID–19 pandemic: SEC. 6006. DIRECT APPROPRIATIONS.
(A) Payroll costs. ‘‘small business concern’’ has the meaning given
(B) Payments of principal or interest on any under section 3 of the Small Business Act (15 (a) IN GENERAL.—In addition to amounts oth-
mortgage obligation (which shall not include U.S.C. 632). erwise available, there is appropriated to the
any prepayment of principal on a mortgage obli- (9) STATE.—The term ‘‘State’’ means a State of Administrator for fiscal year 2021, out of any
gation). the United States, the District of Columbia, the money in the Treasury not otherwise appro-
(C) Rent payments, including rent under a Commonwealth of Puerto Rico, the Virgin Is- priated, to remain available until expended—
lease agreement (which shall not include any lands, American Samoa, the Commonwealth of (1) $840,000,000 for administrative expenses,
prepayment of rent). the Northern Mariana Islands, and Guam, or an including to prevent, prepare for, and respond
(D) Utilities. agency, instrumentality, or fiscal agent thereof. to the COVID–19 pandemic, domestically or
(E) Maintenance expenses, including— (10) UNIT OF GENERAL LOCAL GOVERNMENT.— internationally, including administrative ex-
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(i) construction to accommodate outdoor seat- The term ‘‘unit of general local government’’ penses related to paragraphs (36) and (37) of
ing; and means a county, city, town, village, or other section 7(a) of the Small Business Act, section
(ii) walls, floors, deck surfaces, furniture, fix- general purpose political subdivision of a State. 324 of the Economic Aid to Hard-Hit Small Busi-
tures, and equipment. (b) COMMUNITY NAVIGATOR PILOT PROGRAM.— nesses, Nonprofits, and Venues Act (title III of
(F) Supplies, including protective equipment (1) IN GENERAL.—The Administrator of the division N of Public Law 116–260), section 6002
and cleaning materials. Small Business Administration shall establish a of this title, and section 6003 of this title; and
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H807
(2) $460,000,000 to carry out the disaster loan SEC. 7004. GREAT LAKES ST. LAWRENCE SEAWAY revenue and other revenue allocated to all cov-
program authorized by section 7(b) of the Small DEVELOPMENT CORPORATION OP- ered State-supported routes in fiscal year 2019.
ERATIONS AND MAINTENANCE. (3) COVERED STATE-SUPPORTED ROUTE DE-
Business Act (15 U.S.C. 636(b)), of which
$70,000,000 shall be for the cost of direct loans In addition to amounts otherwise available, FINED.—In this subsection, the term ‘‘covered
authorized by such section and $390,000,000 there is appropriated for fiscal year 2021, out of State-supported route’’ means a State-supported
shall be for administrative expenses to carry out amounts not otherwise appropriated from the route, as such term is defined in section 24102 of
such program. Harbor Maintenance Trust Fund pursuant to title 49, United States Code, but does not include
section 210 of the Water Resources Development a State-supported route for which service was
(b) INSPECTOR GENERAL.—In addition to
Act of 1986 (33 U.S.C. 2238), $1,500,000, to remain terminated on or before February 1, 2020.
amounts otherwise available, there is appro-
available until expended, to prevent, prepare (f) USE OF FUNDS FOR DEBT REPAYMENT OR
priated to the Inspector General of the Small
for, and respond to coronavirus by conducting PREPAYMENT.—Not more than $100,885,000 of the
Business Administration for fiscal year 2021, out
the operations, maintenance, and capital infra- aggregate amounts made available under sub-
of any money in the Treasury not otherwise ap-
structure activities of the Seaway International sections (a) and (b) shall be—
propriated, $25,000,000, to remain available until
Bridge. (1) for the repayment or prepayment of debt
expended, for necessary expenses of the Office
SEC. 7005. GRANTS TO THE NATIONAL RAILROAD incurred by the National Railroad Passenger
of Inspector General.
PASSENGER CORPORATION. Corporation under financing arrangements en-
TITLE VII—COMMITTEE ON (a) NORTHEAST CORRIDOR APPROPRIATION.— tered into prior to the date of enactment of this
TRANSPORTATION AND INFRASTRUCTURE In addition to amounts otherwise available, Act; and
Subtitle A—Transportation and there is appropriated for fiscal year 2021, out of (2) to pay required reserves, costs, and fees re-
Infrastructure any money in the Treasury not otherwise appro- lated to such debt, including for loans from the
priated, $820,388,160, to remain available until Department of Transportation and loans that
SEC. 7001. FEDERAL EMERGENCY MANAGEMENT September 30, 2024, for grants as authorized would otherwise have been paid from National
AGENCY APPROPRIATION.
under section 11101(a) of the FAST Act (Public Railroad Passenger Corporation revenues.
In addition to amounts otherwise available, Law 114–94) to prevent, prepare for, and re- (g) PROJECT MANAGEMENT OVERSIGHT.—Not
there is appropriated to the Federal Emergency spond to coronavirus. more than $2,000,000 of the aggregate amounts
Management Agency for fiscal year 2021, out of (b) NATIONAL NETWORK APPROPRIATION.—In made available under subsections (a) and (b)
any money in the Treasury not otherwise appro- addition to amounts otherwise available, there shall be for activities authorized under section
priated, $50,000,000,000, to remain available is appropriated for fiscal year 2021, out of any 11101(c) of the FAST Act (Public Law 114–94).
until September 30, 2025, to carry out the pur- money in the Treasury not otherwise appro- SEC. 7006. FEDERAL TRANSIT ADMINISTRATION
poses of the Disaster Relief Fund for costs asso- priated, $679,611,840, to remain available until GRANTS.
ciated with major disaster declarations. September 30, 2024, for grants as authorized (a) FEDERAL TRANSIT ADMINISTRATION APPRO-
SEC. 7002. FUNERAL ASSISTANCE. under section 11101(b) of the FAST Act (Public PRIATION.—
(a) IN GENERAL.—For the emergency declara- Law 114–94) to prevent, prepare for, and re- (1) IN GENERAL.—In addition to amounts oth-
tion issued by the President on March 13, 2020, spond to coronavirus. erwise made available, there are appropriated
(c) LONG-DISTANCE SERVICE RESTORATION AND for fiscal year 2021, out of any funds in the
pursuant to section 501(b) of the Robert T. Staf-
EMPLOYEE RECALLS.—Not less than $165,926,000 Treasury not otherwise appropriated,
ford Disaster Relief and Emergency Assistance
of the aggregate amounts made available under $30,461,355,534, to remain available until Sep-
Act (42 U.S.C. 5191(b)), and for any subsequent
subsections (a) and (b) shall be for use by the tember 30, 2024, that shall—
major disaster declaration that supersedes such
National Railroad Passenger Corporation to— (A) be for grants to eligible recipients under
emergency declaration, the President shall pro-
(1) restore, not later than 90 days after the sections 5307, 5309, 5310, and 5311 of title 49,
vide financial assistance to an individual or
date of enactment of this Act, the frequency of United States Code, to prevent, prepare for, and
household to meet disaster-related funeral ex-
rail service on long-distance routes (as defined respond to coronavirus; and
penses under section 408(e)(1) of the Robert T.
in section 24102 of title 49, United States Code) (B) not be subject to any prior restriction on
Stafford Disaster Relief and Emergency Assist-
that the National Railroad Passenger Corpora- the total amount of funds available for imple-
ance Act (42 U.S.C. 5174(e)(1)), for which the
tion reduced the frequency of on or after July 1, mentation or execution of programs authorized
Federal cost share shall be 100 percent.
2020, and continue to operate such service at under sections 5307, 5310, or 5311 of such title.
(b) USE OF FUNDS.—Funds appropriated such frequency; and (2) AVAILABILITY OF FUNDS FOR OPERATING
under section 7001 may be used to carry out sub- (2) recall and manage employees furloughed EXPENSES.—
section (a) of this section. on or after October 1, 2020, as a result of efforts (A) IN GENERAL.—Notwithstanding subsection
SEC. 7003. ECONOMIC ADJUSTMENT ASSISTANCE. to prevent, prepare for, and respond to (a)(1) or (b) of section 5307 and section
(a) ECONOMIC DEVELOPMENT ADMINISTRATION coronavirus. 5310(b)(2)(A) of title 49, United States Code,
APPROPRIATION.—In addition to amounts other- (d) USE OF FUNDS IN LIEU OF CAPITAL PAY- funds provided under this section, other than
wise available, there is appropriated for fiscal MENTS.—Not less than $109,805,000 of the aggre- subsection (b)(4), shall be available for the oper-
year 2021, out of any money in the Treasury not gate amounts made available under subsections ating expenses of transit agencies to prevent,
otherwise appropriated, $3,000,000,000, to remain (a) and (b)— prepare for, and respond to the coronavirus
available until September 30, 2022, to the De- (1) shall be for use by the National Railroad public health emergency, including, beginning
partment of Commerce for economic adjustment Passenger Corporation in lieu of capital pay- on January 20, 2020—
assistance as authorized by sections 209 and 703 ments from States and commuter rail passenger (i) reimbursement for payroll of public trans-
of the Public Works and Economic Development transportation providers that are subject to the portation (including payroll and expenses of
Act of 1965 (42 U.S.C. 3149 and 3233) to prevent, cost allocation policy under section 24905(c) of private providers of public transportation);
prepare for, and respond to coronavirus and for title 49, United States Code; and (ii) operating costs to maintain service due to
necessary expenses for responding to economic (2) notwithstanding sections 24319(g) and lost revenue due as a result of the coronavirus
injury as a result of coronavirus. 24905(c)(1)(A)(i) of title 49, United States Code, public health emergency, including the purchase
such amounts do not constitute cross-subsidiza- of personal protective equipment; and
(b) Of the funds provided by this section, up
tion of commuter rail passenger transportation. (iii) paying the administrative leave of oper-
to 2 percent shall be used for Federal costs to
(e) USE OF FUNDS FOR STATE PAYMENTS FOR ations or contractor personnel due to reductions
administer such assistance utilizing temporary
STATE-SUPPORTED ROUTES.— in service.
Federal personnel as may be necessary con- (1) IN GENERAL.—Of the amounts made avail- (B) USE OF FUNDS.—Funds described in sub-
sistent with the requirements applicable to such able under subsection (b), $174,850,000 shall be paragraph (A) shall be—
administrative funding in fiscal year 2020 to for use by the National Railroad Passenger Cor- (i) available for immediate obligation, not-
prevent, prepare for, and respond to coronavirus poration to offset amounts required to be paid withstanding the requirement for such expenses
and which shall remain available until Sep- by States for covered State-supported routes. to be included in a transportation improvement
tember 30, 2027. (2) FUNDING SHARE.—The share of funding program, long-range transportation plan, state-
(c) Of the funds provided by this section, 15 provided under paragraph (1) with respect to a wide transportation plan, or statewide transpor-
percent shall be for assistance to communities covered State-supported route shall be distrib- tation improvement program under sections 5303
that have suffered economic injury as a result of uted as follows: and 5304 of title 49, United States Code;
job losses in the travel, tourism, or outdoor (A) Each covered State-supported route shall (ii) directed to payroll and operations of pub-
recreation sectors. receive 7 percent of the costs allocated to the lic transportation (including payroll and ex-
(d) The total amount provided by this section route in fiscal year 2019 under the cost alloca- penses of private providers of public transpor-
shall be allocated to eligible recipients in the tion methodology adopted pursuant to section tation), unless the recipient certifies to the Ad-
States and Territories according to the total 209 of the Passenger Rail Investment and Im- ministrator of the Federal Transit Administra-
level of economic injury of such States and Ter- provement Act of 2008 (Public Law 110–432). tion that the recipient has not furloughed any
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ritories as a result of coronavirus beginning on (B) Any remaining amounts after the distribu- employees;
March 1, 2020, as measured by the change in tion described in subparagraph (A) shall be ap- (iii) used to provide a Federal share of the
economic activity, demonstrated by current Fed- portioned to each covered State-supported route costs for any grant made under this section of
eral economic data sources such as unemploy- in proportion to the passenger revenue of such 100 percent.
ment claims and gross domestic product, before route and other revenue allocated to such route (b) ALLOCATION OF FUNDS.—
and after such date. in fiscal year 2019 divided by the total passenger (1) URBANIZED AREA FORMULA GRANTS.—
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H808 CONGRESSIONAL RECORD — HOUSE February 26, 2021
(A) IN GENERAL.—Of the amounts made avail- (A) IN GENERAL.—Of the amounts made avail- (i) increase ridership and reduce travel times,
able under subsection (a), $26,086,580,227 shall able under subsection (a)— while maintaining or expanding the total level
be for grants to recipients and subrecipients (i) $1,425,000,000 shall be for grants adminis- of vehicle revenue miles of service provided in
under section 5307 of title 49, United States tered under subsections (d) and (e) of section the planning period; or
Code, and shall be administered as if such funds 5309 of title 49, United States Code, and section (ii) make service adjustments to increase the
were provided under section 5307 of such title. 3005(b) of the FAST Act (Public Law 114–94); quality or frequency of service provided to low-
(B) ALLOCATION.—Amounts made available and income riders and disadvantaged neighborhoods
under subparagraph (A) shall be apportioned to (ii) $250,000,000 shall be for grants adminis- or communities.
urbanized areas based on data contained in the tered under subsection (h) of section 5309 of title (C) LIMITATION.—Amounts made available
National Transit Database such that— 49, United States Code. under subparagraph (A) shall not be used for
(i) each urbanized area shall receive an ap- (B) FUNDING DISTRIBUTION.— route planning related to transitioning public
portionment of an amount that, when combined (i) IN GENERAL.—Of the amounts made avail- transportation service provided as of the date of
with amounts that were otherwise made avail- able in subparagraph (A)(i), $1,250,000,000 shall receipt of funds to a transportation network
able to such urbanized area for similar activities be provided to each recipient for all projects company or other third-party contract provider,
to prevent, prepare for, and respond to with existing full funding grant agreements that unless the existing provider of public transpor-
received allocations for fiscal year 2019 or 2020 tation service is a third-party contract provider.
coronavirus, is equal to 132 percent of the ur-
and all projects under section 3005(b) of Public (7) RECIPIENTS AND SUBRECIPIENTS REQUIRING
banized area’s 2018 operating costs; and
(ii) for funds remaining after the apportion- Law 114–94 that received allocations for fiscal ADDITIONAL ASSISTANCE.—
ment described in clause (i), such funds shall be year 2019 or 2020, except that recipients with (A) IN GENERAL.—Of the amounts made avail-
projects open for revenue service are not eligible able under subsection (a), $2,207,561,294 shall be
apportioned such that—
(I) each urbanized area that did not receive to receive a grant under this subparagraph. for grants to eligible recipients or subrecipients
an apportionment under clause (i) shall receive Funds shall be provided proportionally based on of funds under sections 5307 or 5311 of title 49,
an apportionment equal to 25 percent of the ur- the non-capital investment grant or non-expe- United States Code, that, as a result of COVID–
dited project delivery share of the amount allo- 19, require additional assistance for costs related
banized area’s 2018 operating costs; and
(II) each urbanized area under clause (i), cated. to operations, personnel, cleaning, and sanitiza-
(ii) ALLOCATION.—Of the amounts made avail- tion combating the spread of pathogens on tran-
when the amounts that were otherwise made
able in subparagraph (A)(i), $175,000,000 shall sit systems, and debt service payments incurred
available, prior to clause (i) to that urbanized
be provided to each recipient for all projects to maintain operations and avoid layoffs and
area for similar activities to prevent, prepare
with existing full funding grant agreements that furloughs.
for, and respond to coronavirus are equal to or
received an allocation only prior to fiscal year (B) ADMINISTRATION.—Funds made available
greater than 130 percent of the urbanized area’s 2019, except that projects open for revenue serv-
2018 operating costs but do not exceed 132 per- under subparagraph (A) shall, after allocation,
ice are not eligible to receive a grant under this be administered as if provided under paragraph
cent of such costs, such urbanized area shall re- subparagraph and no project may receive more
ceive an apportionment equal to 10 percent of (1) or (3), as applicable.
than 40 percent of the amounts provided under (C) APPLICATION REQUIREMENTS.—
the urbanized area’s 2018 operating costs, in ad- this clause. The Administrator of the Federal (i) IN GENERAL.—The Administrator of the
dition to amounts apportioned to the urbanized Transit Administration shall proportionally dis- Federal Transit Administration may not allocate
area under clause (i). tribute funds in excess of such percent to recipi-
(2) FORMULA GRANTS FOR THE ENHANCED MO- funds to an eligible recipient or subrecipient of
ents for which the percent of funds does not ex- funds under chapter 53 of title 49, United States
BILITY OF SENIORS AND INDIVIDUALS WITH DIS-
ceed 40 percent. Funds shall be provided propor- Code, unless the recipient provides to the Ad-
ABILITIES.—
tionally based on the non-capital investment ministrator—
(A) IN GENERAL.—Of the amounts made avail-
grant share of the amount allocated. (I) estimates of financial need;
able under subsection (a), $50,000,000 shall be (iii) ELIGIBLE RECIPIENTS.—For amounts made (II) data on reductions in farebox or other
for grants to recipients or subrecipients eligible available in subparagraph (A)(ii), eligible recipi- sources of local revenue for sustained oper-
under section 5310 of title 49, United States ents shall be any recipient of an allocation ations;
Code, and shall be apportioned in accordance under subsection (h) of section 5309 of title 49, (III) a spending plan for such funds; and
with such section. United States Code, or an applicant in the (IV) demonstration of expenditure of greater
(B) ALLOCATION RATIO.—Amounts made avail- than 90 percent of funds available to the appli-
project development phase described in para-
able under subparagraph (A) shall be allocated cant from funds made available for similar ac-
graph (2) of such subsection.
in the same ratio as funds were provided under (iv) AMOUNT.—Amounts distributed under tivities in fiscal year 2020.
section 5310 of title 49, United States Code, for clauses (i), (ii), and (iii) of subparagraph (A) (ii) DEADLINES.—The Administrator of the
fiscal year 2020. shall be provided notwithstanding the limitation Federal Transit Administration shall—
(3) FORMULA GRANTS FOR RURAL AREAS.— of any calculation of the maximum amount of (I) not later than 180 days after the date of
(A) IN GENERAL.—Of the amounts made avail- enactment of this Act, issue a Notice of Funding
Federal financial assistance for the project
able under subsection (a), $317,214,013 shall be Opportunity for assistance under this para-
under subsection (k)(2)(C)(ii) or (h)(7) of section
for grants to recipients or subrecipients eligible graph; and
5309 of title 49, United States Code, or section
under section 5311 of title 49, United States (II) not later than 120 days after the applica-
3005(b)(9) of the FAST Act (Public Law 114–94).
Code, and shall be administered as if the funds (5) SECTION 5311(F) SERVICES.— tion deadline established in the Notice of Fund-
were provided under section 5311 of such title, (A) IN GENERAL.—Of the amounts made avail- ing Opportunity under subclause (I), make
and shall be apportioned in accordance with able under subsection (a) and in addition to the awards under this paragraph to selected appli-
such section, except as described in paragraph amounts made available under paragraph (3), cants.
(B). $100,000,000 shall be available for grants to re- (iii) EVALUATION.—
(B) ALLOCATION RATIO.—Amounts made avail- cipients for bus operators that partner with re- (I) IN GENERAL.—Applications for assistance
able under subparagraph (A) to States, as de- cipients or subrecipients of funds under section under this paragraph shall be evaluated by the
fined in section 5302 of title 49, United States 5311(f) of title 49, United States Code. Administrator of the Federal Transit Adminis-
Code, shall be allocated to such States based on (B) ALLOCATION RATIO.—Notwithstanding tration based on the level of financial need dem-
data contained in the National Transit Data- paragraph (3), the Administrator of the Federal onstrated by an eligible recipient or sub-
base, such that— Transit Administration shall allocate amounts recipient, including projections of future finan-
(i) any State that received an amount for simi- under subparagraph (A) in the same ratio as cial need to maintain service as a percentage of
lar activities to prevent, prepare for, and re- funds were provided under section 5311 of title the 2018 operating costs that has not been re-
spond to coronavirus that is equal to or greater 49, United States Code, for fiscal year 2020. placed by the funds made available to the eligi-
than 150 percent of the combined 2018 rural op- (C) EXCEPTION.—If a State or territory does ble recipient or subrecipient under paragraphs
erating costs of the recipients and subrecipients not have bus providers eligible under section (1) through (5) of this subsection when combined
in such State shall receive an amount equal to 5311(f) of title 49, United States Code, funds with the amounts allocated to such eligible re-
5 percent of such State’s 2018 rural operating under this paragraph may be used by such State cipient or subrecipient from funds previously
costs; or territory for any expense eligible under sec- made available for the operating expenses of
(ii) any State that does not receive an alloca- tion 5311 of title 49, United States Code. transit agencies related to the response to the
tion under clause (i) that received an amount (6) PLANNING.— COVID–19 public health emergency.
for similar activities to prevent, prepare for, and (A) IN GENERAL.—Of the amounts made avail- (II) RESTRICTION.—Amounts made available
respond to coronavirus that is equal to or great- able under subsection (a), $25,000,000 shall be under this paragraph shall only be available for
er than 140 percent of the combined 2018 rural for grants to recipients eligible under section operating expenses.
operating costs of the recipients and subrecipi- 5307 of title 49, United States Code, for the plan- (iv) STATE APPLICANTS.—A State may apply
ents in that State shall receive an amount equal ning of public transportation associated with for assistance under this paragraph on behalf of
to 10 percent of such State’s 2018 rural operating the restoration of services as the coronavirus an eligible recipient or subrecipient or a group
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costs; and public health emergency concludes and shall be of eligible recipients or subrecipients.
(iii) any State that does not receive an alloca- available in accordance with such section. (D) UNOBLIGATED FUNDS.—If amounts made
tion under clauses (i) or (ii) shall receive an (B) AVAILABILITY OF FUNDS FOR ROUTE PLAN- available under this paragraph remain unobli-
amount equal to 20 percent of such State’s 2018 NING.—Amounts made available under subpara- gated on September 30, 2023, such amounts shall
rural operating costs. graph (A) shall be available for route planning be available for any purpose eligible under sec-
(4) CAPITAL INVESTMENTS.— designed to— tions 5307 or 5311 of title 49, United States Code.
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H809
SEC. 7007. RELIEF FOR AIRPORTS. (4) AIRPORT CONCESSIONS.— tration an Emergency FAA Employee Leave
(a) IN GENERAL.— (A) IN GENERAL.—Not more than $800,000,000 Fund (in this section referred to as the
(1) IN GENERAL.—In addition to amounts oth- shall be made available for sponsors of primary ‘‘Fund’’), to be administered by the Adminis-
erwise available, there is appropriated for fiscal airports to provide relief from rent and minimum trator of the Federal Aviation Administration,
year 2021, out of any funds in the Treasury not annual guarantees to airport concessions, of for the purposes set forth in subsection (b). In
otherwise appropriated, $8,000,000,000, to remain which at least $640,000,000 shall be available to addition to amounts otherwise available, there
available until September 30, 2024, for assistance provide relief to eligible small airport conces- is appropriated for fiscal year 2021, out of any
to airports under sections 47101 through 47144 of sions and of which at least $160,000,000 shall be money in the Treasury not otherwise appro-
title 49, United States Code, to be made avail- available to provide relief to eligible large air- priated, $9,000,000, which shall be deposited into
able to prevent, prepare for, and respond to port concessions located at primary airports. the Fund and remain available through Sep-
coronavirus. (B) DISTRIBUTION.—The amounts made avail- tember 30, 2022.
(2) REQUIREMENTS AND LIMITATIONS.— able for each set-aside in this paragraph shall (b) PURPOSE.—Amounts in the Fund shall be
Amounts made available under this section— be distributed to the sponsor of each primary
(A) may not be used for any purpose not di- available to the Administrator for the use of
airport (as such term is defined in section 47102 paid leave under this section by any employee of
rectly related to the airport; and of title 49, United States Code) based on each
(B) may not be provided to any airport that the Administration who is unable to work be-
such primary airport’s passenger enplanements
was allocated in excess of 4 years of operating cause the employee—
compared to the total passenger enplanements of
funds to prevent, prepare for, and respond to (1) is subject to a Federal, State, or local quar-
all such primary airports in calendar year 2019.
coronavirus in fiscal year 2020. (C) CONDITIONS.—As a condition of approving antine or isolation order related to COVID–19;
(b) ALLOCATIONS.—The following terms shall a grant under this paragraph— (2) has been advised by a health care provider
apply to the amounts made available under this (i) the sponsor shall provide such relief from to self-quarantine due to concerns related to
section: the date of enactment of this Act until the spon- COVID–19;
(1) OPERATING EXPENSES AND DEBT SERVICE sor has provided relief equaling the total grant (3) is caring for an individual who is subject
PAYMENTS.— amount, to the extent practicable and to the ex- to such an order or has been so advised;
(A) IN GENERAL.—Not more than $6,492,000,000 tent permissible under State laws, local laws, (4) is experiencing symptoms of COVID–19 and
shall be made available for primary airports, as and applicable trust indentures; and seeking a medical diagnosis;
such term is defined in section 47102 of title 49, (ii) for each set-aside, the sponsor shall pro- (5) is caring for a son or daughter of such em-
United States Code, and certain cargo airports, vide relief from rent and minimum annual guar- ployee if the school or place of care of the son
for costs related to operations, personnel, clean- antee obligations to each eligible airport conces- or daughter has been closed, if the school of
ing, sanitization, janitorial services, combating sion in an amount that reflects each eligible air- such son or daughter requires or makes optional
the spread of pathogens at the airport, and debt port concession’s proportional share of the total a virtual learning instruction model or requires
service payments. amount of the rent and minimum annual guar-
(B) DISTRIBUTION.— Amounts made available or makes optional a hybrid of in-person and vir-
antees of those eligible airport concessions at tual learning instruction models, or the child
under this paragraph— such airport.
(i) shall not be subject to the reduced appor- care provider of such son or daughter is un-
(c) ADMINISTRATION.— available, due to COVID–19 precautions;
tionments under section 47114(f) of title 49, (1) ADMINISTRATIVE EXPENSES.—The Adminis-
United States Code; trator of the Federal Aviation Administration (6) is experiencing any other substantially
(ii) shall first be apportioned as set forth in may retain up to 0.1 percent of the funds pro- similar condition;
sections 47114(c)(1)(A), 47114(c)(1)(C)(i), vided under this section to fund the award of, (7) is caring for a family member with a men-
47114(c)(1)(C)(ii), 47114(c)(2)(A), 47114(c)(2)(B), and oversight by the Administrator of, grants tal or physical disability or who is 55 years of
and 47114(c)(2)(E) of title 49, United States made under this section. age or older and incapable of self-care, without
Code; and (2) WORKFORCE RETENTION REQUIREMENTS.— regard to whether another individual other than
(iii) shall not be subject to a maximum appor- (A) REQUIRED RETENTION.—As a condition for the employee is available to care for such family
tionment limit set forth in section 47114(c)(1)(B) receiving funds provided under this section, an member, if the place of care for such family
of title 49, United States Code. airport shall continue to employ, through Sep- member is closed or the direct care provider is
(C) REMAINING AMOUNTS.—Any amount re- tember 30, 2021, at least 90 percent of the number unavailable due to COVID–19; or
maining after distribution under subparagraph of individuals employed (after making adjust- (8) is obtaining immunization related to
(B) shall be distributed to the sponsor of each ments for retirements or voluntary employee sep- COVID–19 or to recover from any injury, dis-
primary airport (as such term is defined in sec- arations) by the airport as of March 27, 2020. ability, illness, or condition related to such im-
tion 47102 of title 49, United States Code) based (B) WAIVER OF RETENTION REQUIREMENT.— munization.
on each such primary airport’s passenger The Secretary shall waive the workforce reten- (c) LIMITATIONS.—
enplanements compared to the total passenger tion requirement if the Secretary determines (1) PERIOD OF AVAILABILITY.—Paid leave
enplanements of all such primary airports in that— under this section may only be provided to and
calendar year 2019. (i) the airport is experiencing economic hard-
(2) FEDERAL SHARE FOR DEVELOPMENT used by an employee of the Administration dur-
ship as a direct result of the requirement; or ing the period beginning on the date of enact-
PROJECTS.— (ii) the requirement reduces aviation safety or
(A) IN GENERAL.—Not more than $608,000,000 ment of this section and ending on September 30,
security.
allocated under subsection (a)(1) shall be avail- (C) EXCEPTION.—The workforce retention re- 2021.
able to pay a Federal share of 100 percent of the quirement shall not apply to nonhub airports or (2) TOTAL HOURS; AMOUNT.—Paid leave under
costs for any grant awarded in fiscal year 2021, nonprimary airports receiving funds under this this section—
or in fiscal year 2020 with less than a 100-per- section. (A) shall be provided to an employee of the
cent Federal share, for an airport development (D) NONCOMPLIANCE.—Any financial assist- Administration in an amount not to exceed 600
project (as such term is defined in section 47102 ance provided under this section to an airport hours of paid leave for each full-time employee,
of title 49). that fails to comply with the workforce reten- and in the case of a part-time employee, em-
(B) REMAINING AMOUNTS.—Any amount re- tion requirement described in subparagraph (A), ployee on an uncommon tour of duty, or em-
maining under this paragraph shall be distrib- and does not otherwise qualify for a waiver or ployee with a seasonal work schedule, in an
uted as described in paragraph (1)(C). exception under this paragraph, shall be subject amount not to exceed the proportional equiva-
(3) NONPRIMARY AIRPORTS.— to clawback by the Secretary. lent of 600 hours to the extent amounts in the
(A) IN GENERAL.—Not more than $100,000,000 (d) DEFINITIONS.—In this section: Fund remain available for reimbursement;
shall be made available for general aviation and (1) ELIGIBLE LARGE AIRPORT CONCESSION.— (B) shall be paid at the same hourly rate as
commercial service airports that are not primary The term ‘‘eligible large airport concession’’ other leave payments; and
airports (as such terms are defined in section means a concession (as defined in section 23.3 of (C) may not be provided to an employee if the
47102 of title 49, United States Code) for costs re- title 49, Code of Federal Regulations), that is in- leave would result in payments greater than
lated to operations, personnel, cleaning, saniti- terminal and has maximum gross receipts, aver- $2,800 in aggregate for any biweekly pay period
zation, janitorial services, combating the spread aged over the previous three fiscal years, of for a full-time employee, or a proportionally
of pathogens at the airport, and debt service more than $56,420,000. equivalent biweekly limit for a part-time em-
payments. (2) ELIGIBLE SMALL AIRPORT CONCESSION.—
(B) DISTRIBUTION.—Amounts made available ployee.
The term ‘‘eligible small airport concession’’
under this paragraph shall be apportioned to (3) RELATIONSHIP TO OTHER LEAVE.—Paid
means a concession (as defined in section 23.3 of
each non-primary airport based on the cat- leave under this section—
title 49, Code of Federal Regulations), that is in-
egories published in the most current National terminal and— (A) is in addition to any other leave provided
Plan of Integrated Airport Systems, reflecting (A) a small business with maximum gross re- to an employee of the Administration; and
the percentage of the aggregate published eligi- ceipts, averaged over the previous 3 fiscal years, (B) may not be used by an employee of the
ble development costs for each such category, of less than $56,420,000; or Administration concurrently with any other
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and then dividing the allocated funds evenly (B) is a joint venture (as defined in section paid leave.
among the eligible airports in each category, 23.3 of title 49, Code of Federal Regulations). (4) CALCULATION OF RETIREMENT BENEFIT.—
rounding up to the nearest thousand dollars. SEC. 7008. EMERGENCY FAA EMPLOYEE LEAVE Any paid leave provided to an employee of the
(C) REMAINING AMOUNTS.—Any amount re- FUND. Administration under this section shall reduce
maining under this paragraph shall be distrib- (a) ESTABLISHMENT; APPROPRIATION.—There the total service used to calculate any Federal
uted as described in paragraph (1)(C). is established in the Federal Aviation Adminis- retirement benefit.
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H810 CONGRESSIONAL RECORD — HOUSE February 26, 2021
Subtitle B—Aviation Manufacturing Jobs (ii) in the case of corporation, firm, or other under this subtitle, the Secretary shall reduce,
Protection business entity not specified under subpara- on a pro rata basis, the financial assistance pro-
SEC. 7101. DEFINITIONS. graph (i), agrees to refrain from conducting in- vided under this subtitle.
In this subtitle: voluntary layoffs or furloughs, or reducing pay (e) AGREEMENT DEADLINE.—No agreement
(1) ELIGIBLE EMPLOYEE GROUP.—The term ‘‘el- rates and benefits, for the eligible employee may be entered into by the Secretary under the
igible employee group’’ means the portion of an group, subject to the employer’s right to dis- payroll support program established under sub-
employer’s United States workforce that— cipline or terminate an employee in accordance section (a) after the last day of the 6 month pe-
(A) does not exceed 25 percent of the employ- with employer policy for the duration of the riod that begins on the effective date of the first
er’s total United States workforce as of April 1, agreement and receipt of public contributions agreement entered into under such program.
2020; and under this subtitle. Subtitle C—Continued Assistance to Rail
(B) contains only employees with a total com- (3) EMPLOYEE.—The term ‘‘employee’’ has the Workers
pensation level of $200,000 or less per year; and meaning given that term in section 3 of the Fair
Labor Standards Act of 1938 (29 U.S.C. 203). SEC. 7201. ADDITIONAL ENHANCED BENEFITS
(C) is engaged in aviation manufacturing ac- UNDER THE RAILROAD UNEMPLOY-
(4) EMPLOYER.—The term ‘‘employer’’ means
tivities and services, or maintenance, repair, MENT INSURANCE ACT.
an aviation manufacturing company that is an
and overhaul activities and services. (a) IN GENERAL.—Section 2(a)(5)(A) of the
employer (as defined in section 3 of the Fair
(2) AVIATION MANUFACTURING COMPANY.—The Railroad Unemployment Insurance Act (45
Labor Standards Act of 1938 (29 U.S.C. 203)).
term ‘‘aviation manufacturing company’’ means (5) PRIVATE CONTRIBUTION.—The term ‘‘pri- U.S.C. 352(a)(5)(A)) is amended—
a corporation, firm, or other business entity— vate contribution’’ means the contribution fund- (1) in the first sentence—
(A) that— ed by the employer under this subtitle to main- (A) by striking ‘‘March 14, 2021’’ and insert-
(i) actively manufactures an aircraft, aircraft ing ‘‘August 29, 2021’’;
tain 50 percent of the eligible employee group’s
engine, propeller, or a component, part, or sys- (B) by striking ‘‘or July 1, 2020’’ and inserting
total compensation level, and combined with the
tems of an aircraft or aircraft engine under a ‘‘July 1, 2020, or July 1, 2021’’; and
public contribution, is sufficient to maintain the
Federal Aviation Administration production ap- (2) by adding at the end the following: ‘‘For
total compensation level for the eligible em-
proval; or registration periods beginning after March 14,
ployee group as of April 1, 2020.
(ii) holds a certificate issued under part 145 of (6) PUBLIC CONTRIBUTION.—The term ‘‘public 2021, but on or before August 29, 2021, the recov-
title 14, Code of Federal Regulations, for main- contribution’’ means the contribution funded by ery benefit payable under this subparagraph
tenance, repair, and overhaul of aircraft, air- the Federal Government under this title to pro- shall be in the amount of $800.’’.
craft engines, components, or propellers. vide 50 percent of the eligible employees group’s (b) CLARIFICATION ON AUTHORITY TO USE
(B) which— total compensation level, and combined with the FUNDS.—Funds appropriated under subpara-
(i) is established, created, or organized in the private contribution, is sufficient to maintain graph (B) of section 2(a)(5) of the Railroad Un-
United States or under the laws of the United the total compensation level for those in the eli- employment Insurance Act (45 U.S.C. 352(a)(5))
States; and gible employee group as of April 1, 2020. shall be available to cover the cost of recovery
(ii) has significant operations in, and a major- (7) SECRETARY.—The term ‘‘Secretary’’ means benefits provided under such section 2(a)(5) by
ity of its employees engaged in aviation manu- the Secretary of Transportation. reason of the amendments made by subsection
facturing activities and services, or mainte- (8) TOTAL COMPENSATION LEVEL.—The term (a) as well as to cover the cost of such benefits
nance, repair, and overhaul activities and serv- ‘‘total compensation level’’ means the level of provided under such section 2(a)(5) as in effect
ices based in the United States; total base compensation and benefits being pro- on the day before the date of enactment of this
(C) which has involuntarily furloughed or vided to an eligible employee group employee, Act.
laid off at least 10 percent of its workforce in excluding overtime and premium pay, and ex- SEC. 7202. EXTENDED UNEMPLOYMENT BENEFITS
2020 as compared to 2019 or has experienced at cluding any Federal, State, or local payroll UNDER THE RAILROAD UNEMPLOY-
least a 15 percent decline in 2020 revenues as taxes paid, as of April 1, 2020. MENT INSURANCE ACT.
compared to 2019; SEC. 7102. PAYROLL SUPPORT PROGRAM. (a) IN GENERAL.—Section 2(c)(2)(D) of the
(D) that, as supported by sworn financial (a) IN GENERAL.—The Secretary shall estab- Railroad Unemployment Insurance Act (45
statements or other appropriate data, has iden- lish a payroll support program and enter into U.S.C. 352(c)(2)(D)) is amended—
tified the eligible employee group and the agreements with employers who meet the eligi-
amount of total compensation level for the eligi- (1) in clause (i)—
bility criteria specified in subsection (b) and are (A) in subclause (I), by striking ‘‘185 days’’
ble employee group; not ineligible under subsection (c), to provide
(E) that agrees to provide private contribu- and inserting ‘‘305 days’’;
public contributions to supplement compensa- (B) in subclause (II),
tions and maintain the total compensation level tion of an eligible employee group. There is ap-
for the eligible employee group for the duration (i) by striking ‘‘19 consecutive 14-day periods’’
propriated for fiscal year 2021, out of amounts and inserting ‘‘31 consecutive 14-day periods’’;
of an agreement under this subtitle; in the Treasury not otherwise appropriated,
(F) that agrees to provide immediate notice and
$3,000,000,000, to remain available until Sep-
and justification to the Secretary of involuntary (ii) by striking ‘‘6 consecutive 14-day periods’’
tember 30, 2023, for the Secretary to carry out
furloughs or layoffs exceeding 10 percent of the and inserting ‘‘18 consecutive 14-day periods’’;
the payroll support program authorized under
workforce that is not included in an eligible em- (2) in clause (ii)—
the preceding sentence for which 1 percent of
ployee group for the duration of an agreement (A) by striking ‘‘120 days of unemployment’’
the funds may be used for implementation costs
and receipt of public contributions under this and inserting ‘‘240 days of unemployment’’;
and administrative expenses.
subtitle; (b) ELIGIBILITY.—The Secretary shall enter (B) by striking ‘‘12 consecutive 14-day peri-
(G) that has not conducted involuntary fur- into an agreement and provide public contribu- ods’’ and inserting ‘‘24 consecutive 14-day peri-
loughs or reduced pay rates or benefits for the tions, for a term no longer than 6 months, solely ods’’; and
eligible employee group, subject to the employ- with an employer that agrees to use the funds (C) by striking ‘‘6 consecutive 14-day periods’’
er’s right to discipline or terminate an employee received under an agreement exclusively for the and inserting ‘‘18 consecutive 14-day periods’’;
in accordance with employer policy, between the continuation of employee wages, salaries, and and
date of application and the date on which such benefits, to maintain the total compensation (3) in clause (iii)—
a corporation, firm, or other business entity en- level for the eligible employee group as of April (A) by striking ‘‘June 30, 2021’’ and inserting
ters into an agreement with the Secretary under 1, 2020 for the duration of the agreement, and to ‘‘June 30, 2022’’; and
this subtitle; and facilitate the retention, rehire, or recall of em- (B) by striking ‘‘the provisions of clauses (i)
(H) that— ployees of the employer, except that such funds and (ii) shall not apply to any employee whose
(i) in the case of a corporation, firm, or other may not be used for back pay of returning re- extended benefit period under subparagraph (B)
business entity including any parent company hired or recalled employees. begins after March 14, 2021, and shall not apply
or subsidiary of such a corporation, firm, or (c) INELIGIBILITY.—The Secretary may not to any employee with respect to any registration
other business entity, that holds any type or enter into any agreement under this section period beginning after April 5, 2021.’’ and insert-
production certificate or similar authorization with an employer who was allowed a credit ing ‘‘the provisions of clauses (i) and (ii) shall
issued under section 44704 of title 49, United under section 2301 of the CARES Act (26 U.S.C. not apply to any employee with respect to any
States Code, with respect to a transport-cat- 3111 note) for the immediately preceding cal- registration period beginning after August 29,
egory airplane covered under part 25 of title 14, endar quarter ending before such agreement is 2021.’’
Code of Federal Regulations, certificated with a entered into, who received financial assistance (b) CLARIFICATION ON AUTHORITY TO USE
passenger seating capacity of 50 or more, agrees under section 4113 of the CARES Act (15 U.S.C. FUNDS.—Funds appropriated under either the
to refrain from conducting involuntary layoffs 9073), or who is currently expending financial first or second sentence of clause (v) of section
or furloughs, or reducing pay rates and benefits, assistance under the paycheck protection pro- 2(c)(2)(D) of the Railroad Unemployment Insur-
for the eligible employee group, subject to the gram established under section 7(a)(36) of the ance Act shall be available to cover the cost of
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employer’s right to discipline or terminate an Small Business Act (15 U.S.C. 636(a)(36)), as of additional extended unemployment benefits pro-
employee in accordance with employer policy the date the employer submits an application vided under such section 2(c)(2)(D) by reason of
from the date of agreement until September 30, under the payroll support program established the amendments made by subsection (a) as well
2021, or the duration of the agreement and re- under subsection (a). as to cover the cost of such benefits provided
ceipt of public contributions under this subtitle, (d) REDUCTIONS.—To address any shortfall in under such section 2(c)(2)(D) as in effect on the
whichever period ends later; or assistance that would otherwise be provided day before the date of enactment of this Act.
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H811
SEC. 7203. EXTENSION OF WAIVER OF THE 7-DAY State’s share of the total resident capacity in ance Act of 2017 (Public Law 115–48; 38 U.S.C.
WAITING PERIOD FOR BENEFITS such facilities as of the date of enactment of this 3001 note).
UNDER THE RAILROAD UNEMPLOY- (2) ACCREDITED PROGRAMS.—In the case of an
Act where such capacity includes only veterans
MENT INSURANCE ACT.
on whose behalf the Department pays a per accredited program of education, the program of
(a) IN GENERAL.—Section 2112(a) of the diem payment pursuant to section 1741 or 1745 of education shall not be considered a covered pro-
CARES Act (15 U.S.C. 9030(a)) is amended by title 38, United States Code. gram of education under this section if the pro-
striking ‘‘March 14, 2021’’ and inserting ‘‘Au- gram has received a show cause order from the
SEC. 8005. FUNDING FOR THE DEPARTMENT OF
gust 29, 2021’’. VETERANS AFFAIRS OFFICE OF IN- accreditor of the program during the five-year
(b) CLARIFICATION ON AUTHORITY TO USE SPECTOR GENERAL. period preceding the date of the enactment of
FUNDS.—Funds appropriated under section In addition to amounts otherwise made avail- this Act.
2112(c) of the CARES Act (15 U.S.C. 9030(c)) able, there is appropriated to the Office of In- (3) DETERMINATION OF HIGH-DEMAND OCCUPA-
shall be available to cover the cost of additional spector General of the Department of Veterans TIONS.—
benefits payable due to section 2112(a) of such Affairs for fiscal year 2021, out of any money in (A) INITIAL IMPLEMENTATION.—In carrying
Act by reason of the amendments made by sub- the Treasury not otherwise appropriated, out this section, the Secretary shall use the list
section (a) as well as to cover the cost of such $10,000,000, to remain available until expended, of high-demand occupations compiled by the
benefits payable due to such section 2112(a) as for audits, investigations, and other oversight of Commissioner of Labor Statistics until the final
in effect on the day before the date of enactment projects and activities carried out with funds list under subparagraph (C) is complete.
of this Act. made available to the Department of Veterans (B) STUDY REQUIRED.—The Secretary of Vet-
SEC. 7204. RAILROAD RETIREMENT BOARD AND Affairs. erans Affairs shall enter into an agreement with
OFFICE OF THE INSPECTOR GEN-
SEC. 8006. COVID–19 VETERAN RAPID RETRAIN-
a federally funded research and development
ERAL FUNDING. corporation or another appropriate non-Depart-
ING ASSISTANCE PROGRAM.
In addition to amounts otherwise made avail- (a) IN GENERAL.—The Secretary of Veterans ment entity for the conduct of a study to deter-
able, there are appropriated for fiscal year 2021, Affairs shall carry out a program under which mine which occupations are high-demand occu-
out of any money in the Treasury not otherwise the Secretary shall provide up to 12 months of pations. Such study shall be completed not later
appropriated— retraining assistance to an eligible veteran for than 90 days after the date of the enactment of
(1) $27,975,000, to remain available until ex- the pursuit of a covered program of education. this Act.
pended, for the Railroad Retirement Board, to Such retraining assistance shall be in addition (C) FINAL LIST.—The Secretary—
prevent, prepare for, and respond to (i) may add or remove occupation from the list
to any other entitlement to educational assist-
coronavirus, of which— in use pursuant to subparagraph (A) during the
ance or benefits for which a veteran is, or has
(A) $6,800,000 shall be for additional hiring 90-day period following the completion of the
been, eligible.
and overtime bonuses as needed to administer study required by subparagraph (B);
(b) ELIGIBLE VETERANS.— (ii) shall issue a final list of high-demand oc-
the Railroad Unemployment Insurance Act; and (1) IN GENERAL.—In this section, the term ‘‘eli-
(B) $21,175,000 shall be to supplement, not cupations for use under this section by not later
gible veteran’’ means a veteran who—
supplant, existing resources devoted to oper- than 90 days after the date of the completion of
(A) as of the date of the receipt by the Depart-
ations and improvements for the Information the study; and
ment of Veterans Affairs of an application for (iii) shall make such final list publicly avail-
Technology Investment Initiatives of the Rail- assistance under this section, is at least 22 years
road Retirement Board; and able on a website of the Department.
of age but not more than 66 years of age; (D) USE OF LIST.—The Secretary shall use the
(2) $500,000, to remain available until ex- (B) as of such date, is unemployed by reason
pended, for the Railroad Retirement Board Of- list developed under this paragraph in order to
of the covered public health emergency, as cer- apply the requirement that retraining assistance
fice of Inspector General for audit, investigatory tified by the veteran;
and review activities. under this section is used for training for a
(C) as of such date, is not eligible to receive high-demand occupation, but the Secretary may
TITLE VIII—COMMITTEE ON VETERANS’ educational assistance under chapter 30, 31, 32, remove occupations from the list as the Sec-
AFFAIRS 33, or 35 of title 38, United States Code, or chap- retary determines appropriate.
SEC. 8001. FUNDING FOR CLAIMS AND APPEALS ter 1606 of title 10, United States Code; (4) FULL-TIME DEFINED.—For purposes of this
PROCESSING. (D) is not enrolled in any Federal or State subsection, the term ‘‘full-time’’ has the mean-
In addition to amounts otherwise made avail- jobs program; ing given such term under section 3688 of title
able, there is appropriated for fiscal year 2021, (E) is not in receipt of compensation for a 38, United States Code.
out of any money in the Treasury not otherwise service-connected disability rated totally dis- (d) AMOUNT OF ASSISTANCE.—
appropriated, $272,000,000, to remain available abling by reason of unemployability; and (1) RETRAINING ASSISTANCE.—The Secretary of
until September 30, 2023, pursuant to sections (F) will not be in receipt of unemployment Veterans Affairs shall provide to an eligible vet-
308, 310, 7101 through 7113, 7701, and 7703 of compensation (as defined in section 85(b) of the eran pursuing a covered program of education
title 38, United States Code. Internal Revenue Code of 1986), including any under the retraining assistance program under
SEC. 8002. FUNDING AVAILABILITY FOR MEDICAL cash benefit received pursuant to subtitle A of this section an amount equal to the amount of
CARE AND HEALTH NEEDS. title II of division A of the CARES Act (Public educational assistance payable under section
In addition to amounts otherwise made avail- Law 116–136), as of the first day on which the 3313(c)(1)(A) of title 38, United States Code, for
able, there is appropriated for fiscal year 2021, veteran would receive a housing stipend pay- each month the veteran pursues the covered
out of any money in the Treasury not otherwise ment under this section. program of education. Such amount shall be
appropriated, $13,482,000,000, to remain avail- (2) TREATMENT OF VETERANS WHO TRANSFER payable directly to the educational institution
ENTITLEMENT.—For purposes of paragraph offering the covered program of education pur-
able until September 30, 2023, for allocation
under chapters 17, 20, 73, and 81 of title 38, (1)(C), a veteran who has transferred all of the sued by the veteran as follows:
United States Code, of which not more than veteran’s entitlement to educational assistance (A) 50 percent of the total amount payable
$4,000,000,000 shall be available pursuant to sec- under section 3319 of title 38, United States shall be paid when the eligible veteran begins
tion 1703 of title 38, United States Code for Code, shall be considered to be a veteran who is the program of education.
health care furnished through the Veterans not eligible to receive educational assistance (B) 25 percent of the total amount payable
Community Care program in sections 1703(c)(1) under chapter 33 of such title. shall be paid when the eligible veteran completes
(3) FAILURE TO COMPLETE.—A veteran who re- the program of education.
and 1703(c)(5) of such title.
ceives retraining assistance under this section to (C) 25 percent of the total amount payable
SEC. 8003. FUNDING FOR SUPPLY CHAIN MOD-
ERNIZATION.
pursue a program of education and who fails to shall be paid when the eligible veteran finds em-
complete the program of education shall not be ployment in a field related to the program of
In addition to amounts otherwise made avail-
eligible to receive additional assistance under education.
able, there is appropriated for fiscal year 2021, (2) FAILURE TO COMPLETE.—
this section.
out of any money in the Treasury not otherwise (c) COVERED PROGRAMS OF EDUCATION.— (A) PRO-RATED PAYMENTS.—In the case of a
appropriated, $100,000,000, to remain available (1) IN GENERAL.—For purposes of this section, veteran who pursues a covered program of edu-
until September 30, 2022, for the supply chain a covered program of education is a program of cation under the retraining assistance program
modernization initiative under sections 308, 310, education (as such term is defined in section under this section, but who does not complete
and 7301(b) of title 38, United States Code. 3452(b) of title 38, United States Code) for train- the program of education, the Secretary shall
SEC. 8004. FUNDING FOR STATE HOMES. ing, pursued on a full-time or part-time basis— pay to the educational institution offering such
In addition to amounts otherwise made avail- (A) that— program of education a pro-rated amount based
able, there are appropriated for fiscal year 2021, (i) is approved under chapter 36 of such title; on the number of months the veteran pursued
out of any money in the Treasury not otherwise (ii) does not lead to a bachelors or graduate the program of education in accordance with
appropriated— degree; and this paragraph.
(1) $500,000,000, to remain available until ex- (iii) is designed to provide training for a high- (B) PAYMENT OTHERWISE DUE UPON COMPLE-
dlhill on DSK120RN23PROD with House
pended, for allocation under sections 8131 demand occupation, as determined under para- TION OF PROGRAM.—The Secretary shall pay to
through 8137 of title 38, United States Code: and graph (3); or the educational institution a pro-rated amount
(2) $250,000,000, to remain available until Sep- (B) that is a high technology program of edu- under paragraph (1)(B) when the veteran pro-
tember 30, 2022, for a one-time only obligation cation offered by a qualified provider, under the vides notice to the educational institution that
and expenditure to existing State extended care meaning given such terms in section 116 of the the veteran no longer intends to pursue the pro-
facilities for veterans in proportion to each Harry W. Colmery Veterans Educational Assist- gram of education.
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H812 CONGRESSIONAL RECORD — HOUSE February 26, 2021
(C) NONRECOVERY FROM VETERAN.—In the 2021, out of any money in the Treasury not oth- (2) TOTAL HOURS; AMOUNT.—Paid leave under
case of a veteran referred to in subparagraph erwise appropriated, $386,000,000, to remain this section—
(A), the educational institution may not seek available until expended, to carry out this sec- (A) shall be provided to a covered employee in
payment from the veteran for any amount that tion. an amount not to exceed 600 hours of paid leave
would have been payable under paragraph SEC. 8007. PROHIBITION ON COPAYMENTS AND for each full-time employee, and in the case of
(1)(B) had the veteran completed the program of COST SHARING FOR VETERANS DUR- a part-time employee, employee on an uncom-
education. ING EMERGENCY RELATING TO mon tour of duty, or employee with a seasonal
(D) PAYMENT DUE UPON EMPLOYMENT.— COVID–19. work schedule, in an amount not to exceed the
(i) VETERANS WHO FIND EMPLOYMENT.—In the (a) IN GENERAL.—The Secretary of Veterans proportional equivalent of 600 hours to the ex-
case of a veteran referred to in subparagraph Affairs— tent amounts in the Fund remain available for
(A) who finds employment in a field related to (1) shall provide for any copayment or other reimbursement;
the program of education during the 180-day pe- cost sharing with respect to health care under (B) shall be paid at the same hourly rate as
riod beginning on the date on which the veteran the laws administered by the Secretary received other leave payments; and
withdraws from the program of education, the by a veteran during the period specified in sub- (C) may not be provided to a covered employee
Secretary shall pay to the educational institu- section (b); and if the leave would result in payments greater
tion a pro-rated amount under paragraph (1)(C) (2) shall reimburse any veteran who paid a co- than $2,800 in aggregate for any biweekly pay
when the veteran finds such employment. payment or other cost sharing for health care period for a full-time employee, or a proportion-
(ii) VETERANS WHO DO NOT FIND EMPLOY- under the laws administered by the Secretary ally equivalent biweekly limit for a part-time
MENT.—In the case of a veteran referred to in received by the veteran during such period the employee.
subparagraph (A) who does not find employ- amount paid by the veteran. (3) RELATIONSHIP TO OTHER LEAVE.—Paid
ment in a field related to the program of edu- (b) PERIOD SPECIFIED.—The period specified leave under this section—
cation during the 180-day period beginning on in this subsection is the period beginning on (A) is in addition to any other leave provided
the date on which the veteran withdraws from April 6, 2020, and ending on September 30, 2021. to a covered employee; and
(c) FUNDING.—In addition to amounts other- (B) may not be used by a covered employee
the program of education—
wise available, there is appropriated to the Sec- concurrently with any other paid leave.
(I) the Secretary shall not make a payment to
retary of Veterans Affairs for fiscal year 2021, (4) CALCULATION OF RETIREMENT BENEFIT.—
the educational institution under paragraph
out of any money in the Treasury not otherwise Any paid leave provided to a covered employee
(1)(C); and
(II) the educational institution may not seek appropriated, $2,000,000,000, to remain available under this section shall reduce the total service
payment from the veteran for any amount that until expended, to carry out this section, except used to calculate any Federal civilian retirement
would have been payable under paragraph for health care furnished pursuant to section benefit.
(1)(C) had the veteran found employment during 1703(c)(2)-(c)(4) of title 38, United States Code. (d) COVERED EMPLOYEE DEFINED.—In this
such 180-day period. SEC. 8008. EMERGENCY DEPARTMENT OF VET- section, the term ‘‘covered employee’’ means an
ERANS AFFAIRS EMPLOYEE LEAVE
(3) HOUSING STIPEND.—For each month that FUND.
employee of the Department of Veterans Affairs
an eligible veteran pursues a covered program of appointed under chapter 74 of title 38, United
(a) ESTABLISHMENT; APPROPRIATION.—There
education under the retraining assistance pro- States Code.
is established in the Treasury the Emergency
gram under this section, the Secretary shall pay TITLE IX—COMMITTEE ON WAYS AND
Department of Veterans Affairs Employee Leave
to the veteran a monthly housing stipend in an MEANS
Fund (in this section referred to as the
amount equal to— Subtitle A—Crisis Support for Unemployed
‘‘Fund’’), to be administered by the Secretary of
(A) in the case of a covered program of edu-
Veterans Affairs, for the purposes set forth in Workers
cation leading to a degree, or a covered program
subsection (b). In addition to amounts otherwise PART 1—EXTENSION OF CARES ACT
of education not leading to a degree, at an insti-
available, there is appropriated for fiscal year UNEMPLOYMENT PROVISIONS
tution of higher learning (as that term is de-
2021, out of any money in the Treasury not oth- SEC. 9011. EXTENSION OF PANDEMIC UNEMPLOY-
fined in section 3452(f) of title 38, United States
erwise appropriated, $80,000,000, which shall be MENT ASSISTANCE.
Code) pursued on more than a half-time basis,
deposited into the Fund and remain available (a) IN GENERAL.—Section 2102(c) of the
the amount specified under subsection (c)(1)(B)
through September 20, 2022. CARES Act (15 U.S.C. 9021(c)) is amended—
of section 3313 of title 38, United States Code;
(b) PURPOSE.—Amounts in the Fund shall be (1) in paragraph (1)—
(B) in the case of a covered program of edu-
available for payment to the Department of Vet- (A) by striking ‘‘paragraphs (2) and (3)’’ and
cation other than a program of education lead-
erans Affairs for the use of paid leave by any inserting ‘‘paragraph (2)’’; and
ing to a degree at an institution other than an
covered employee who is unable to work because (B) in subparagraph (A)(ii), by striking
institution of higher learning pursued on more
the employee— ‘‘March 14, 2021’’ and inserting ‘‘August 29,
than a half-time basis, the amount specified (1) is subject to a Federal, State, or local quar-
under subsection (g)(3)(A)(ii) of such section; or 2021’’; and
antine or isolation order related to COVID–19; (2) by striking paragraph (3) and redesig-
(C) in the case of a covered program of edu- (2) has been advised by a health care provider
cation pursued on less than a half-time basis, or nating paragraph (4) as paragraph (3).
to self-quarantine due to concerns related to (b) INCREASE IN NUMBER OF WEEKS.—Section
a covered program of education pursued solely COVID–19;
through distance learning on more than a half- 2102(c)(2) of such Act (15 U.S.C. 9021(c)(2)) is
(3) is caring for an individual who is subject
time basis, the amount specified under sub- amended—
to such an order or has been so advised;
section (c)(1)(B)(iii) of such section. (4) is experiencing symptoms of COVID–19 and (1) by striking ‘‘50 weeks’’ and inserting ‘‘74
(4) FAILURE TO FIND EMPLOYMENT.—The Sec- seeking a medical diagnosis; weeks’’; and
retary shall not make a payment under para- (5) is caring for a son or daughter of such em- (2) by striking ‘‘50-week period’’ and inserting
graph (1)(C) with respect to an eligible veteran ployee if the school or place of care of the son ‘‘74-week period’’.
who completes or fails to complete a program of or daughter has been closed, if the school of (c) HOLD HARMLESS FOR PROPER ADMINISTRA-
education under the retraining assistance pro- TION.—In the case of an individual who is eligi-
such son or daughter requires or makes optional
gram under this section if the veteran fails to a virtual learning instruction model or requires ble to receive pandemic unemployment assist-
find employment in a field related to the pro- or makes optional a hybrid of in-person and vir- ance under section 2102 of the CARES Act (15
gram of education within the 180-period begin- tual learning instruction models, or the child U.S.C. 9021) as of the day before the date of en-
ning on the date on which the veteran with- care provider of such son or daughter is un- actment of this Act and on the date of enact-
draws from or completes the program. available, due to COVID–19 precautions; ment of this Act becomes eligible for pandemic
(e) NO TRANSFERABILITY.—Retraining assist- (6) is experiencing any other substantially emergency unemployment compensation under
ance provided under this section may not be similar condition; section 2107 of the CARES Act (15 U.S.C. 9025)
transferred to another individual. (7) is caring for a family member with a men- by reason of the amendments made by section
(f) LIMITATION.—Not more than 17,250 eligible tal or physical disability or who is 55 years of 9016(b) of this title, any payment of pandemic
veterans may receive retraining assistance age or older and incapable of self-care, without unemployment assistance under such section
under this section. regard to whether another individual other than 2102 made after the date of enactment of this
(g) TERMINATION.—No retraining assistance the employee is available to care for such family Act to such individual during an appropriate
may be paid under this section after the date member, if the place of care for such family period of time, as determined by the Secretary of
that is 21 months after the date of the enact- member is closed or the direct care provider is Labor, that should have been made under such
ment of this Act. unavailable due to COVID–19; or section 2107 shall not be considered to be an
(h) COMPTROLLER GENERAL REPORT.—Not (8) is obtaining immunization related to overpayment of assistance under such section
later than 180 days after the termination of the COVID–19 or to recover from any injury, dis- 2102, except that an individual may not receive
retraining assistance program under subsection ability, illness, or condition related to such im- payment for assistance under section 2102 and a
(k), the Comptroller General shall submit to the munization. payment for assistance under section 2107 for
dlhill on DSK120RN23PROD with House
Committees on Veterans’ Affairs of the Senate (c) LIMITATIONS.— the same week of unemployment.
and House of Representatives a report on the (1) PERIOD OF AVAILABILITY.—Paid leave (d) EFFECTIVE DATE.—The amendments made
outcomes and effectiveness of the program. under this section may only be provided to and by subsections (a) and (b) shall apply as if in-
(i) FUNDING.—In addition to amounts other- used by a covered employee during the period cluded in the enactment of the CARES Act
wise available there is appropriated to the De- beginning on the date of enactment of this Act (Public Law 116–136), except that no amount
partment of Veterans Affairs for fiscal year and ending on September 30, 2021. shall be payable by virtue of such amendments
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H813
with respect to any week of unemployment com- of enactment of the American Rescue Plan Act (2) as directed by the Secretary, conduct user
mencing before the date of the enactment of this of 2021 (without regard to the amendments made accessibility testing on any new system devel-
Act. by subsections (a) and (b) of section 9016 of such oped by the Secretary pursuant to subsection
SEC. 9012. EXTENSION OF EMERGENCY UNEM- Act)’’ after ‘‘2020)’’. (b)(2).
PLOYMENT RELIEF FOR GOVERN- (d) EFFECTIVE DATE.—The amendments made Subtitle B—Emergency Assistance to Families
MENTAL ENTITIES AND NONPROFIT by this section shall apply as if included in the Through Home Visiting Programs
ORGANIZATIONS. enactment of the CARES Act (Public Law 116–
(a) IN GENERAL.—Section 903(i)(1)(D) of the SEC. 9101. EMERGENCY ASSISTANCE TO FAMILIES
136), except that no amount shall be payable by THROUGH HOME VISITING PRO-
Social Security Act (42 U.S.C. 1103(i)(1)(D)) is virtue of such amendments with respect to any GRAMS.
amended by striking ‘‘March 14, 2021’’ and in- week of unemployment commencing before the Title V of the Social Security Act (42 U.S.C.
serting ‘‘August 29, 2021’’. date of the enactment of this Act.
(b) INCREASE IN REIMBURSEMENT RATE.—Sec- 701-713) is amended by inserting after section
SEC. 9017. EXTENSION OF TEMPORARY FINANC-
tion 903(i)(1)(B) of such Act (42 U.S.C. 511 the following:
ING OF SHORT-TIME COMPENSATION
1103(i)(1)(B)) is amended— PAYMENTS IN STATES WITH PRO- ‘‘SEC. 511A. EMERGENCY ASSISTANCE TO FAMI-
GRAMS IN LAW. LIES THROUGH HOME VISITING PRO-
(1) in the first sentence, by inserting ‘‘and ex-
GRAMS.
cept as otherwise provided in this subpara- Section 2108(b)(2) of the CARES Act (15 U.S.C.
graph’’ after ‘‘as determined by the Secretary of 9026(b)(2)) is amended by striking ‘‘March 14, ‘‘(a) SUPPLEMENTAL APPROPRIATION.—In ad-
Labor’’; and 2021’’ and inserting ‘‘August 29, 2021’’. dition to amounts otherwise appropriated, out of
(2) by inserting after the first sentence the fol- SEC. 9018. EXTENSION OF TEMPORARY FINANC- any money in the Treasury of the United States
lowing: ‘‘With respect to the amounts of such ING OF SHORT-TIME COMPENSATION not otherwise appropriated, there are appro-
compensation paid for weeks of unemployment AGREEMENTS FOR STATES WITHOUT priated to the Secretary $150,000,000, to remain
beginning after March 31, 2021, and ending on PROGRAMS IN LAW. available through September 30, 2022, to enable
or before August 29, 2021, the preceding sentence Section 2109(d)(2) of the CARES Act (15 U.S.C. eligible entities to conduct programs in accord-
shall be applied by substituting ‘75 percent’ for 9027(d)(2)) is amended by striking ‘‘March 14, ance with section 511 and subsection (c) of this
‘one-half’.’’. 2021’’ and inserting ‘‘August 29, 2021’’. section.
PART 2—EXTENSION OF FFCRA ‘‘(b) ELIGIBILITY FOR FUNDS.—To be eligible to
SEC. 9013. EXTENSION OF FEDERAL PANDEMIC
UNEMPLOYMENT COMPENSATION. UNEMPLOYMENT PROVISIONS receive funds made available by subsection (a)
(a) IN GENERAL.—Section 2104(e)(2) of the SEC. 9021. EXTENSION OF TEMPORARY ASSIST- of this section, an entity shall—
ANCE FOR STATES WITH ADVANCES. ‘‘(1) as of the date of the enactment of this
CARES Act (15 U.S.C. 9023(e)(2)) is amended by
Section 1202(b)(10)(A) of the Social Security section, be conducting a program under section
striking ‘‘March 14, 2021’’ and inserting ‘‘Au-
Act (42 U.S.C. 1322(b)(10)(A)) is amended by 511;
gust 29, 2021’’.
(b) AMOUNT.—Section 2104(b)(3)(A) of such striking ‘‘March 14, 2021’’ and inserting ‘‘Au- ‘‘(2) ensure the modification of grants, con-
Act (15 U.S.C. 9023(b)(3)(A)) is amended by add- gust 29, 2021’’. tracts, and other agreements, as applicable, exe-
ing at the end the following: SEC. 9022. EXTENSION OF FULL FEDERAL FUND- cuted under section 511 under which the pro-
‘‘(iii) For weeks of unemployment ending after ING OF EXTENDED UNEMPLOYMENT gram is conducted as are necessary to provide
March 14, 2021, and ending on or before August COMPENSATION. that, during the period that begins with the
29, 2021, $400.’’. Section 4105 of the Families First Coronavirus date of the enactment of this section and ends
Response Act (26 U.S.C. 3304 note) is amended with the end of the 2nd succeeding fiscal year
SEC. 9014. EXTENSION OF FULL FEDERAL FUND-
ING OF THE FIRST WEEK OF COM- by striking ‘‘March 14, 2021’’ each place it ap- after the funds are awarded, the entity shall—
PENSABLE REGULAR UNEMPLOY- pears and inserting ‘‘August 29, 2021’’. ‘‘(A) not reduce funding for, or staffing levels
MENT FOR STATES WITH NO WAIT- PART 3—DEPARTMENT OF LABOR FUND- of, the program on account of reduced enroll-
ING WEEK.
ING FOR TIMELY, ACCURATE, AND EQUI- ment in the program; and
(a) IN GENERAL.—Section 2105(e)(2) of the TABLE PAYMENT ‘‘(B) when using funds to provide emergency
CARES Act (15 U.S.C. 9024(e)(2)) is amended by supplies to eligible families receiving grant serv-
SEC. 9031. FUNDING FOR ADMINISTRATION.
striking ‘‘March 14, 2021’’ and inserting ‘‘Au- ices under section 511, ensure coordination with
In addition to amounts otherwise available, local diaper banks to the extent practicable; and
gust 29, 2021’’.
there is appropriated to the Employment and ‘‘(3) reaffirm that, in conducting the program,
(b) FULL REIMBURSEMENT.—Paragraph (3) of
Training Administration of the Department of the entity will focus on priority populations (as
section 2105(c) of such Act (15 U.S.C. 9024(c)) is
Labor for fiscal year 2021, out of any money in defined in section 511(d)(4)).
repealed and such section shall be applied to
the Treasury not otherwise appropriated, ‘‘(c) USES OF FUNDS.—An entity to which
weeks of unemployment to which an agreement
$8,000,000, to remain available until expended, funds are provided under this section shall use
under section 2105 of such Act applies as if such
for necessary expenses to carry out Federal ac- the funds—
paragraph had not been enacted.
tivities relating to the administration of unem- ‘‘(1) to serve families with home visits or with
SEC. 9015. EXTENSION OF EMERGENCY STATE
STAFFING FLEXIBILITY.
ployment compensation programs. virtual visits, that may be conducted by the use
SEC. 9032. FUNDING FOR FRAUD PREVENTION, of electronic information and telecommuni-
If a State modifies its unemployment com- EQUITABLE ACCESS, AND TIMELY
pensation law and policies, subject to the suc- PAYMENT TO ELIGIBLE WORKERS.
cations technologies, in a service delivery model
ceeding sentence, with respect to personnel described in section 511(d)(3)(A);
(a) IN GENERAL.—In addition to amounts oth-
standards on a merit basis on an emergency ‘‘(2) to pay hazard pay or other additional
erwise available, there is appropriated to the
temporary basis as needed to respond to the staff costs associated with providing home visits
Secretary of Labor for fiscal year 2021, out of
spread of COVID-19, such modifications shall be or administration for programs funded under
any money in the Treasury not otherwise appro-
disregarded for the purposes of applying section section 511;
priated, $2,000,000,000, to remain available until
303 of the Social Security Act and section 3304 of ‘‘(3) to train home visitors employed by the en-
expended, to detect and prevent fraud, promote
the Internal Revenue Code of 1986 to such State tity in conducting a virtual home visit and in
equitable access, and ensure the timely payment
law. Such modifications shall only apply emergency preparedness and response planning
of benefits with respect to unemployment insur-
through August 29, 2021, and shall be limited to for families served, and may include training on
ance programs, including programs extended
engaging of temporary staff, rehiring of retirees how to safely conduct intimate partner violence
under this subtitle.
or former employees on a non-competitive basis, (b) USE OF FUNDS.—Amounts made available screenings, and training on safety and planning
and other temporary actions to quickly process under subsection (a) may be used— for families served to support the family outcome
applications and claims. (1) for Federal administrative costs related to improvements listed in section 511(d)(2)(B);
SEC. 9016. EXTENSION OF PANDEMIC EMERGENCY the purposes described in subsection (a); ‘‘(4) for the acquisition by families served by
UNEMPLOYMENT COMPENSATION. (2) for systemwide infrastructure investment programs under section 511 of such techno-
(a) IN GENERAL.—Section 2107(g) of the and development related to such purposes; and logical means as are needed to conduct and sup-
CARES Act (15 U.S.C. 9025(g)) is amended to (3) to make grants to States or territories ad- port a virtual home visit;
read as follows: ministering unemployment insurance programs ‘‘(5) to provide emergency supplies (such as
‘‘(g) APPLICABILITY.—An agreement entered described in subsection (a) for such purposes, diapers and diapering supplies including diaper
into under this section shall apply to weeks of including the establishment of procedures or the wipes and diaper cream, necessary to ensure
unemployment— building of infrastructure to verify or validate that a child using a diaper is properly cleaned
‘‘(1) beginning after the date on which such identity, implement Federal guidance regarding and protected from diaper rash, formula, food,
agreement is entered into; and fraud detection and prevention, and accelerate water, hand soap and hand sanitizer) to an eli-
‘‘(2) ending on or before August 29, 2021.’’. claims processing or process claims backlogs due gible family (as defined in section 511(k)(2));
(b) INCREASE IN NUMBER OF WEEKS.—Section to the pandemic. ‘‘(6) to coordinate with and provide reimburse-
2107(b)(2) of such Act (15 U.S.C. 9025(b)(2)) is (c) RESTRICTIONS ON GRANTS TO STATES AND ment for supplies to diaper banks when using
dlhill on DSK120RN23PROD with House
amended by striking ‘‘24’’ and inserting ‘‘48’’. TERRITORIES.—As a condition of receiving a such entities to provide emergency supplies spec-
(c) COORDINATION OF PANDEMIC EMERGENCY grant under subsection (b)(3), the Secretary may ified in paragraph (5); or
UNEMPLOYMENT COMPENSATION WITH EXTENDED require that a State or territory receiving such a ‘‘(7) to provide prepaid grocery cards to an eli-
COMPENSATION.—Section 2107(a)(5)(B) of such grant shall— gible family (as defined in section 511(k)(2)) par-
Act (15 U.S.C. 9025(a)(5)(B)) is amended by in- (1) use such program integrity tools as the ticipating in the maternal, infant, and early
serting ‘‘or for the week that includes the date Secretary may specify; and childhood home visiting program under section
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H814 CONGRESSIONAL RECORD — HOUSE February 26, 2021
511 for the purpose of enabling the family to paragraph (3), the Secretary shall treat the ‘‘(A) $88,000,000 shall be made available to
meet the emergency needs of the family.’’. funds as if included in the amount specified in carry out the programs described in subtitle B in
Subtitle C—Emergency Assistance to Children paragraph (1). fiscal year 2021, of which not less than an
and Families ‘‘(ii) PROVISION.—The Secretary shall provide amount equal to $100,0000,000 minus the amount
funds to each such other State or Indian tribe in previously provided in fiscal year 2021 to carry
SEC. 9201. PANDEMIC EMERGENCY ASSISTANCE.
an amount equal to the amount so reallotted. out section 2042(b) shall be made available to
Section 403 of the Social Security Act (42 ‘‘(5) RECIPIENT OF FUNDS PROVIDED FOR TER- carry out such section; and
U.S.C. 603) is amended by adding at the end the RITORIES.—In the case of a territory not oper- ‘‘(B) $188,000,000 shall be made available to
following: ating a program funded under this part, the carry out the programs described in subtitle B in
‘‘(c) PANDEMIC EMERGENCY ASSISTANCE.— Secretary shall provide the funds required to be fiscal year 2022, of which not less than
‘‘(1) APPROPRIATION.—In addition to amounts provided to the territory under this subsection, $100,000,000 shall be for activities described in
otherwise available, there is appropriated for to the agency that administers the bulk of local section 2042(b).
fiscal year 2021, out of any money in the Treas- human services programs in the territory. ‘‘(2) SERVICES FOR ALL ADULTS.—The amounts
ury of the United States not otherwise appro- ‘‘(6) USE OF FUNDS.— made available by subsection (a) of this section
priated, $1,000,000,000, to remain available until ‘‘(A) IN GENERAL.—A State or Indian tribe to to carry out section 2042(b) may be used to pro-
expended, to carry out this subsection. which funds are provided under this subsection vide services under programs described in sec-
‘‘(2) RESERVATION OF FUNDS FOR TECHNICAL may use the funds only for non-recurrent short tion 2042(b) for all adults, as defined by local
ASSISTANCE.—Of the amount specified in para- term benefits, whether in the form of cash or in adult protective services statutes and regula-
graph (1), the Secretary shall reserve $2,000,000 other forms. tions.’’.
for administrative expenses and the provision of ‘‘(B) LIMITATION ON USE FOR ADMINISTRATIVE
technical assistance to States and Indian tribes Subtitle E—Support to Skilled Nursing
EXPENSES.—A State to which funds are provided
with respect to the use of funds provided under Facilities in Response to COVID–19
under this subsection shall not expend more
this subsection. than 15 percent of the funds for administrative SEC. 9401. PROVIDING FOR INFECTION CONTROL
‘‘(3) ALLOTMENTS.— SUPPORT TO SKILLED NURSING FA-
purposes. CILITIES THROUGH CONTRACTS
‘‘(A) 50 STATES AND THE DISTRICT OF COLUM- ‘‘(C) NONSUPPLANTATION.—Funds provided WITH QUALITY IMPROVEMENT ORGA-
BIA.— under this subsection shall be used to supple- NIZATIONS.
‘‘(i) TOTAL AMOUNT TO BE ALLOTTED.—The ment and not supplant other Federal, State, or Section 1862(g) of the Social Security Act (42
Secretary shall allot a total of 92.5 percent of tribal funds for services and activities that pro- U.S.C. 1395y(g)) is amended—
the amount specified in paragraph (1) that is mote the purposes of this part. (1) by striking ‘‘The Secretary’’ and inserting
not reserved under paragraph (2) among the ‘‘(D) EXPENDITURE DEADLINE.— ‘‘(1) The Secretary’’; and
States that are not a territory and that are oper- ‘‘(i) IN GENERAL.—Except as provided in (2) by adding at the end the following new
ating a program funded under this part, in ac- clause (ii), a State or Indian tribe to which paragraph:
cordance with clause (ii) of this subparagraph. funds are provided under this subsection shall ‘‘(2) In addition to any amounts otherwise
‘‘(ii) ALLOTMENT FORMULA.—The Secretary expend the funds not later than the end of fiscal available, there is appropriated to the Secretary,
shall allot to each such State the sum of the fol- year 2022. out of any monies in the Treasury not otherwise
lowing percentages of the total amount de- ‘‘(ii) EXCEPTION FOR REALLOTTED FUNDS.—A appropriated, $200,000,000, to remain available
scribed in clause (i): State or Indian tribe to which funds are pro- until expended, for purposes of carrying out in-
‘‘(I) 50 percent, multiplied by— vided under paragraph (4)(B) shall expend the fection control support (as determined appro-
‘‘(aa) the population of children in the State, funds within 12 months after receipt. priate by the Secretary) through the develop-
determined on the basis of the most recent popu- ‘‘(7) EXPENDITURE REPORTS.—On expending ment and dissemination of protocols relating to
lation estimates as determined by the Bureau of all funds provided to a State or Indian tribe the prevention or mitigation of COVID–19 in
the Census; divided by under this subsection, the entity shall submit to skilled nursing facilities (as defined in section
‘‘(bb) the total population of children in the the Secretary a written report that describes 1819(a)).’’.
States that are not territories, as so determined; how the funds were expended, which report
plus SEC. 9402. FUNDING FOR STRIKE TEAMS FOR
shall be so submitted— RESIDENT AND EMPLOYEE SAFETY
‘‘(II) 50 percent, multiplied by— ‘‘(A) if the entity is a State that is not a terri- IN SKILLED NURSING FACILITIES.
‘‘(aa) the total amount expended by the State tory, within 90 days after expenditure; or Section 1819 of the Social Security Act (42
for basic assistance, non-recurrent short term ‘‘(B) if the entity is a territory or is operating
U.S.C. 1395i–3) is amended by adding at the end
benefits, and emergency assistance in fiscal year a tribal program funded under this part, within
the following new subsection:
2019, as reported by the State under section 411; 120 days after expenditure.
‘‘(k) FUNDING FOR STRIKE TEAMS.—In addi-
divided by ‘‘(8) SUSPENSION OF TERRITORY SPENDING
tion to amounts otherwise available, there is ap-
‘‘(bb) the total amount expended by the States CAP.—Section 1108 shall not apply with respect
propriated to the Secretary, out of any monies
that are not territories for basic assistance, non- to any funds provided under this subsection.
in the Treasury not otherwise appropriated,
recurrent short term benefits, and emergency as- ‘‘(9) DEFINITIONS.—In this subsection:
‘‘(A) APPLICABLE PERIOD.—The term ‘applica- $250,000,000, to remain available until expended,
sistance in fiscal year 2019, as so reported by the
ble period’ means the period that begins with for purposes of allocating such amount among
States.
April 1, 2021, and ends with September 30, 2022. the States (including the District of Columbia
‘‘(B) TERRITORIES AND INDIAN TRIBES.—The
‘‘(B) NON-RECURRENT SHORT TERM BENEFITS.— and each territory of the United States) for such
Secretary shall allot among the territories and
The term ‘non-recurrent short term benefits’ has a State to establish and implement a strike team
Indian tribes otherwise eligible for a grant
the meaning given the term in OMB approved that will be deployed to a skilled nursing facil-
under this part such portions of 7.5 percent of
Form ACF-196R, published on July 31, 2014. ity in the State with diagnosed or suspected
the amount specified in paragraph (1) that are
‘‘(C) STATE.—The term ‘State’ means the 50 cases of COVID–19 among residents or staff for
not reserved under paragraph (2) as the Sec-
States of the United States, the District of Co- the purposes of assisting with clinical care, in-
retary deems appropriate based on the needs of
lumbia, and the territories. fection control, or staffing during the emergency
the territory or tribe involved.
‘‘(D) TERRITORY.—The term ‘territory’ means period described in section 1135(g)(1)(B).’’.
‘‘(C) EXPENDITURE COMMITMENT REQUIRE-
MENT.—To receive the full amount of funding the Commonwealth of Puerto Rico, the United Subtitle F—Preserving Health Benefits for
payable under this subsection, a State or Indian States Virgin Islands, Guam, American Samoa, Workers
tribe shall inform the Secretary as to whether it and the Commonwealth of the Northern Mar- SEC. 9500. PRESERVING HEALTH BENEFITS FOR
intends to use all of its allotment under this iana Islands.’’. WORKERS.
paragraph and provide that information— Subtitle D—Elder Justice and Support (a) PREMIUM ASSISTANCE FOR COBRA CON-
‘‘(i) in the case of a State that is not a terri- Guarantee TINUATION COVERAGE FOR INDIVIDUALS AND
tory, within 45 days after the date of the enact- SEC. 9301. ADDITIONAL FUNDING FOR AGING AND THEIR FAMILIES.—
ment of this subsection; or DISABILITY SERVICES PROGRAMS. (1) PROVISION OF PREMIUM ASSISTANCE.—
‘‘(ii) in the case of a territory or an Indian Subtitle A of title XX of the Social Security (A) REDUCTION OF PREMIUMS PAYABLE.—In
tribe, within 90 days after such date of enact- Act (42 U.S.C. 1397-1397h) is amended by adding the case of any premium for a period of coverage
ment. at the end the following: during the period beginning on the first day of
‘‘(4) GRANTS.— ‘‘SEC. 2010. ADDITIONAL FUNDING FOR AGING the first month beginning after the date of the
‘‘(A) IN GENERAL.—The Secretary shall pro- AND DISABILITY SERVICES PRO- enactment of this Act, and ending on September
vide funds to each State and Indian tribe to GRAMS. 30, 2021, for COBRA continuation coverage with
which an amount is allotted under paragraph ‘‘(a) APPROPRIATION.—In addition to amounts respect to any assistance eligible individual de-
(3), from the amount so allotted. otherwise available, there is appropriated for scribed in paragraph (3), such individual shall
‘‘(B) TREATMENT OF UNUSED FUNDS.— fiscal year 2021, out of any money in the Treas- be treated for purposes of any COBRA continu-
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‘‘(i) REALLOTMENT.—The Secretary shall ury not otherwise appropriated, $276,000,000, to ation provision as having paid the amount of
reallot in accordance with paragraph (3) all remain available until expended, to carry out such premium if such individual pays (or any
funds provided to any State or Indian tribe the programs described in subtitle B. person other than such individual’s employer
under this subsection that are unused, among ‘‘(b) USE OF FUNDS.— pays on behalf of such individual) 15 percent of
the other States and Indian tribes eligible for ‘‘(1) IN GENERAL.—Of the amounts made avail- the amount of such premium.
funds under this subsection. For purposes of able by subsection (a)— (B) PLAN ENROLLMENT OPTION.—
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H815
(i) IN GENERAL.—Notwithstanding the COBRA by reason of clause (i) of subparagraph (A) (as application for review under this paragraph.
continuation provisions, any assistance eligible applicable). Such notice shall be provided to the Such Secretary’s determination upon review of
individual who is enrolled in a group health group health plan in such time and manner as the denial shall be de novo and shall be the
plan offered by a plan sponsor may, not later may be specified by the Secretary of Labor. final determination of such Secretary. The pro-
than 90 days after the date of notice of the plan (3) ASSISTANCE ELIGIBLE INDIVIDUAL.—For visions of this paragraph, paragraphs (1)
enrollment option described in this subpara- purposes of this section, the term ‘‘assistance el- through (4), and paragraphs (6) through (7)
graph, elect to enroll in coverage under a plan igible individual’’ means, with respect to a pe- shall be treated as provisions of title I of the
offered by such plan sponsor that is different riod of coverage during the period beginning on Employee Retirement Income Security Act of
than coverage under the plan in which such in- the first day of the first month beginning after 1974 for purposes of part 5 of subtitle B of such
dividual was enrolled at the time, in the case of the date of the enactment of this Act, and end- title.
any assistance eligible individual described in ing on September 30, 2021, any individual that is (6) NOTICES TO INDIVIDUALS.—
paragraph (3), the qualifying event specified in a qualified beneficiary who— (A) GENERAL NOTICE.—
section 603(2) of the Employee Retirement In- (A) is eligible for COBRA continuation cov- (i) IN GENERAL.—In the case of notices pro-
come Security Act of 1974, section 4980B(f)(3)(B) erage by reason of a qualifying event specified vided under section 606(a)(4) of the Employee
of the Internal Revenue Code of 1986, or section in section 603(2) of the Employee Retirement In- Retirement Income Security Act of 1974 (29
2203(2) of the Public Health Service Act, except come Security Act of 1974, section 4980B(f)(3)(B) U.S.C. 1166(4)), section 4980B(f)(6)(D) of the In-
for the voluntary termination of such individ- of the Internal Revenue Code of 1986, or section ternal Revenue Code of 1986, or section 2206(4)
ual’s employment by such individual, occurred, 2203(2) of the Public Health Service Act, except of the Public Health Service Act (42 U.S.C.
and such coverage shall be treated as COBRA for the voluntary termination of such individ- 300bb–6(4)), with respect to individuals who,
continuation coverage for purposes of the appli- ual’s employment by such individual; and during the period described in paragraph (3),
cable COBRA continuation coverage provision. (B) elects such coverage. become entitled to elect COBRA continuation
(ii) REQUIREMENTS.—Any assistance eligible (4) EXTENSION OF ELECTION PERIOD AND EF- coverage, the requirements of such provisions
individual may elect to enroll in different cov- FECT ON COVERAGE.— shall not be treated as met unless such notices
erage as described in clause (i) only if— (A) IN GENERAL.—For purposes of applying include an additional written notification to the
(I) the employer involved has made a deter- section 605(a) of the Employee Retirement In- recipient in clear and understandable language
mination that such employer will permit such come Security Act of 1974, section 4980B(f)(5)(A) of—
assistance eligible individual to enroll in dif- of the Internal Revenue Code of 1986, and sec- (I) the availability of premium assistance with
ferent coverage as provided under this subpara- tion 2205(a) of the Public Health Service Act, in respect to such coverage under this subsection;
graph; the case of— and
(II) the premium for such different coverage (i) an individual who does not have an elec-
(II) the option to enroll in different coverage
does not exceed the premium for coverage in tion of COBRA continuation coverage in effect
if the employer permits assistance eligible indi-
which such individual was enrolled at the time on the first day of the first month beginning
viduals described in paragraph (3) to elect en-
such qualifying event occurred; after the date of the enactment of this Act but
rollment in different coverage (as described in
(III) the different coverage in which the indi- who would be an assistance eligible individual
paragraph (1)(B)).
vidual elects to enroll is coverage that is also of- described in paragraph (3) if such election were
(ii) ALTERNATIVE NOTICE.—In the case of
fered to similarly situated active employees of so in effect; or
(ii) an individual who elected COBRA con- COBRA continuation coverage to which the no-
the employer at the time at which such election tice provision under such sections does not
is made; and tinuation coverage and discontinued from such
coverage before the first day of the first month apply, the Secretary of Labor, in consultation
(IV) the different coverage in which the indi- with the Secretary of the Treasury and the Sec-
vidual elects to enroll is not— beginning after the date of the enactment of this
Act, retary of Health and Human Services, shall, in
(aa) coverage that provides only excepted ben- consultation with administrators of the group
efits as defined in section 9832(c) of the Internal such individual may elect the COBRA continu-
ation coverage under the COBRA continuation health plans (or other entities) that provide or
Revenue Code of 1986, section 733(c) of the Em- administer the COBRA continuation coverage
ployee Retirement Income Security Act of 1974, coverage provisions containing such provisions
during the period beginning on the first day of involved, provide rules requiring the provision
and section 2791(c) of the Public Health Service of such notice.
Act; the first month beginning after the date of the
enactment of this Act and ending 60 days after (iii) FORM.—The requirement of the additional
(bb) a qualified small employer health reim-
the date on which the notification required notification under this subparagraph may be
bursement arrangement (as defined in section
under paragraph (6)(C) is provided to such indi- met by amendment of existing notice forms or by
9831(d)(2) of the Internal Revenue Code of 1986);
vidual. inclusion of a separate document with the no-
or
(B) COMMENCEMENT OF COBRA CONTINUATION tice otherwise required.
(cc) a flexible spending arrangement (as de-
COVERAGE.—Any COBRA continuation coverage (B) SPECIFIC REQUIREMENTS.—Each additional
fined in section 106(c)(2) of the Internal Rev-
elected by a qualified beneficiary during an ex- notification under subparagraph (A) shall in-
enue Code of 1986).
(2) LIMITATION OF PERIOD OF PREMIUM ASSIST- tended election period under subparagraph clude—
ANCE.— (A)— (i) the forms necessary for establishing eligi-
(A) ELIGIBILITY FOR ADDITIONAL COVERAGE.— (i) shall commence (including for purposes of bility for premium assistance under this sub-
Paragraph (1)(A) shall not apply with respect to applying the treatment of premium payments section;
any assistance eligible individual described in under paragraph (1)(A) and any cost-sharing (ii) the name, address, and telephone number
paragraph (3) for months of coverage beginning requirements for items and services under a necessary to contact the plan administrator and
on or after the earlier of— group health plan) with the first period of cov- any other person maintaining relevant informa-
(i) the first date that such individual is eligi- erage beginning on or after the first day of the tion in connection with such premium assist-
ble for coverage under any other group health first month beginning after the date of the en- ance;
plan (other than coverage consisting of only ex- actment of this Act, and (iii) a description of the extended election pe-
cepted benefits (as defined in section 9832(c) of (ii) shall not extend beyond the period of riod provided for in paragraph (4)(A);
the Internal Revenue Code of 1986, section COBRA continuation coverage that would have (iv) a description of the obligation of the
733(c) of the Employee Retirement Income Secu- been required under the applicable COBRA con- qualified beneficiary under paragraph (2)(B)
rity Act of 1974, and section 2791(c) of the Public tinuation coverage provision if the coverage had and the penalty provided under section 6720C of
Health Service Act), coverage under a flexible been elected as required under such provision. the Internal Revenue Code of 1986 for failure to
spending arrangement (as defined in section (5) EXPEDITED REVIEW OF DENIALS OF PRE- carry out the obligation;
106(c)(2) of the Internal Revenue Code of 1986), MIUM ASSISTANCE.—In any case in which an in- (v) a description, displayed in a prominent
coverage under a qualified small employer dividual requests treatment as an assistance eli- manner, of the qualified beneficiary’s right to a
health reimbursement arrangement (as defined gible individual described in paragraph (3) and reduced premium and any conditions on entitle-
in section 9831(d)(2) of the Internal Revenue is denied such treatment by the group health ment to the reduced premium; and
Code of 1986)), or eligible for benefits under the plan, the Secretary of Labor (or the Secretary of (vi) a description of the option of the qualified
Medicare program under title XVIII of the So- Health and Human Services in connection with beneficiary to enroll in different coverage if the
cial Security Act; or COBRA continuation coverage which is pro- employer permits such beneficiary to elect to en-
(ii) the earlier of— vided other than pursuant to part 6 of subtitle roll in such different coverage under paragraph
(I) the date following the expiration of the B of title I of the Employee Retirement Income (1)(B).
maximum period of continuation coverage re- Security Act of 1974), in consultation with the (C) NOTICE IN CONNECTION WITH EXTENDED
quired under the applicable COBRA continu- Secretary of the Treasury, shall provide for ex- ELECTION PERIODS.—In the case of any assist-
ation coverage provision; or pedited review of such denial. An individual ance eligible individual described in paragraph
(II) the date following the expiration of the shall be entitled to such review upon applica- (3) (or any individual described in paragraph
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period of continuation coverage allowed under tion to such Secretary in such form and manner (4)(A)) who became entitled to elect COBRA
paragraph (4)(B)(ii). as shall be provided by such Secretary, in con- continuation coverage before the first day of the
(B) NOTIFICATION REQUIREMENT.—Any assist- sultation with the Secretary of the Treasury. first month beginning after the date of the en-
ance eligible individual shall notify the group Such Secretary shall make a determination re- actment of this Act, the administrator of the ap-
health plan with respect to which paragraph garding such individual’s eligibility within 15 plicable group health plan (or other entity)
(1)(A) applies if such paragraph ceases to apply business days after receipt of such individual’s shall provide (within 60 days after such first
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H816 CONGRESSIONAL RECORD — HOUSE February 26, 2021
day of such first month) for the additional noti- (6)(C). Information on such premium assistance, against the tax imposed by section 3111(b), or so
fication required to be provided under subpara- including enrollment, shall also be made avail- much of the taxes imposed under section 3221(a)
graph (A) and failure to provide such notice able on websites of the Departments of Labor, as are attributable to the rate in effect under
shall be treated as a failure to meet the notice Treasury, and Health and Human Services. section 3111(b), for each calendar quarter an
requirements under the applicable COBRA con- (B) ENROLLMENT UNDER MEDICARE.—The Sec- amount equal to the premiums not paid by as-
tinuation provision. retary of Health and Human Services shall pro- sistance eligible individuals for such coverage by
(D) MODEL NOTICES.—Not later than 30 days vide outreach consisting of public education. reason of such section 9501(a)(1) with respect to
after the date of enactment of this Act, with re- Such outreach shall target individuals who lose such calendar quarter.
spect to any assistance eligible individual de- health insurance coverage. Such outreach shall ‘‘(b) PERSON TO WHOM PREMIUMS ARE PAY-
scribed in paragraph (3), the Secretary of Labor, include information regarding enrollment for ABLE.—For purposes of subsection (a), except as
in consultation with the Secretary of the Treas- Medicare benefits for purposes of preventing otherwise provided by the Secretary, the person
ury and the Secretary of Health and Human mistaken delays of such enrollment by such in- to whom premiums are payable under such con-
Services, shall prescribe models for the addi- dividuals, including lifetime penalties for failure tinuation coverage shall be treated as being—
tional notification required under this para- of timely enrollment. ‘‘(1) in the case of any group health plan
graph. (10) DEFINITIONS.—For purposes of this sec- which is a multiemployer plan (as defined in
(7) NOTICE OF EXPIRATION OF PERIOD OF PRE- tion: section 3(37) of the Employee Retirement Income
MIUM ASSISTANCE.— (A) ADMINISTRATOR.—The term ‘‘adminis- Security Act of 1974), the plan,
(A) IN GENERAL.—With respect to any assist- trator’’ has the meaning given such term in sec- ‘‘(2) in the case of any group health plan not
ance eligible individual, subject to subpara- tion 3(16)(A) of the Employee Retirement Income described in paragraph (1)—
graph (B), the requirements of section 606(a)(4) Security Act of 1974. ‘‘(A) which is subject to the COBRA continu-
of the Employee Retirement Income Security Act (B) COBRA CONTINUATION COVERAGE.—The ation provisions contained in—
of 1974 (29 U.S.C. 1166(4)), section 4980B(f)(6)(D) term ‘‘COBRA continuation coverage’’ means ‘‘(i) the Internal Revenue Code of 1986,
of the Internal Revenue Code of 1986, or section continuation coverage provided pursuant to ‘‘(ii) the Employee Retirement Income Security
2206(4) of the Public Health Service Act (42 part 6 of subtitle B of title I of the Employee Re- Act of 1974, or
U.S.C. 300bb–6(4)), shall not be treated as met tirement Income Security Act of 1974 (other than ‘‘(iii) the Public Health Service Act, or
unless the plan administrator of the individual, under section 609), title XXII of the Public ‘‘(B) under which some or all of the coverage
during the period specified under subparagraph Health Service Act, or section 4980B of the In- is not provided by insurance,
(C), provides to such individual a written notice ternal Revenue Code of 1986 (other than sub- the employer maintaining the plan, and
in clear and understandable language— section (f)(1) of such section insofar as it relates ‘‘(3) in the case of any group health plan not
(i) that the premium assistance for such indi- to pediatric vaccines), or under a State program described in paragraph (1) or (2), the insurer
vidual will expire soon and the prominent iden- that provides comparable continuation coverage. providing the coverage under the group health
tification of the date of such expiration; and Such term does not include coverage under a plan.
(ii) that such individual may be eligible for health flexible spending arrangement under a ‘‘(c) LIMITATIONS AND REFUNDABILITY.—
coverage without any premium assistance cafeteria plan within the meaning of section 125 ‘‘(1) CREDIT LIMITED TO CERTAIN EMPLOYMENT
through— of the Internal Revenue Code of 1986. TAXES.—The credit allowed by subsection (a)
(I) COBRA continuation coverage; or (C) COBRA CONTINUATION PROVISION.—The with respect to any calendar quarter shall not
(II) coverage under a group health plan. term ‘‘COBRA continuation provision’’ means exceed the tax imposed by section 3111(b), or so
(B) EXCEPTION.—The requirement for the the provisions of law described in subparagraph much of the taxes imposed under section 3221(a)
group health plan administrator to provide the (B). as are attributable to the rate in effect under
written notice under subparagraph (A) shall be (D) COVERED EMPLOYEE.—The term ‘‘covered section 3111(b), for such calendar quarter (re-
waived if the premium assistance for such indi- employee’’ has the meaning given such term in duced by any credits allowed against such taxes
vidual expires pursuant to clause (i) of para- section 607(2) of the Employee Retirement In- under sections 3131, 3132, and 3134 on the wages
graph (2)(A). come Security Act of 1974. paid with respect to the employment of all em-
(C) PERIOD SPECIFIED.—For purposes of sub- (E) QUALIFIED BENEFICIARY.—The term ployees of the employer.
paragraph (A), the period specified in this sub- ‘‘qualified beneficiary’’ has the meaning given ‘‘(2) REFUNDABILITY OF EXCESS CREDIT.—
paragraph is, with respect to the date of expira- such term in section 607(3) of the Employee Re- ‘‘(A) CREDIT IS REFUNDABLE.—If the amount
tion of premium assistance for any assistance el- tirement Income Security Act of 1974. of the credit under subsection (a) exceeds the
igible individual pursuant to a limitation requir- (F) GROUP HEALTH PLAN.—The term ‘‘group limitation of paragraph (1) for any calendar
ing a notice under this paragraph, the period health plan’’ has the meaning given such term quarter, such excess shall be treated as an over-
beginning on the day that is 45 days before the in section 607(1) of the Employee Retirement In- payment that shall be refunded under sections
date of such expiration and ending on the day come Security Act of 1974. 6402(a) and 6413(b).
that is 15 days before the date of such expira- (G) STATE.—The term ‘‘State’’ includes the ‘‘(B) CREDIT MAY BE ADVANCED.—In anticipa-
tion. District of Columbia, the Commonwealth of tion of the credit, including the refundable por-
(D) MODEL NOTICES.—Not later than 45 days Puerto Rico, the Virgin Islands, Guam, Amer- tion under subparagraph (A), the credit may be
after the date of enactment of this Act, with re- ican Samoa, and the Commonwealth of the advanced, according to forms and instructions
spect to any assistance eligible individual, the Northern Mariana Islands. provided by the Secretary, up to an amount cal-
Secretary of Labor, in consultation with the (H) PERIOD OF COVERAGE.—Any reference in culated under subsection (a) through the end of
Secretary of the Treasury and the Secretary of this subsection to a period of coverage shall be the most recent payroll period in the quarter.
Health and Human Services, shall prescribe treated as a reference to a monthly or shorter ‘‘(C) TREATMENT OF DEPOSITS.—The Secretary
models for the notification required under this period of coverage with respect to which pre- shall waive any penalty under section 6656 for
paragraph. miums are charged with respect to such cov- any failure to make a deposit of the tax imposed
(8) REGULATIONS.—The Secretary of the erage. by section 3111(b), or so much of the taxes im-
Treasury and the Secretary of Labor may joint- (I) PLAN SPONSOR.—The term ‘‘plan sponsor’’ posed under section 3221(a) as are attributable
ly prescribe such regulations or other guidance has the meaning given such term in section to the rate in effect under section 3111(b), if the
as may be necessary or appropriate to carry out 3(16)(B) of the Employee Retirement Income Se- Secretary determines that such failure was due
the provisions of this subsection, including the curity Act of 1974. to the anticipation of the credit allowed under
prevention of fraud and abuse under this sub- (J) PREMIUM.—The term ‘‘premium’’ includes, this section.
section, except that the Secretary of Labor and with respect to COBRA continuation coverage, ‘‘(D) TREATMENT OF PAYMENTS.—For purposes
the Secretary of Health and Human Services any administrative fee. of section 1324 of title 31, United States Code,
may prescribe such regulations (including in- (11) IMPLEMENTATION FUNDING.—In addition any amounts due to an employer under this
terim final regulations) or other guidance as to amounts otherwise made available, out of any paragraph shall be treated in the same manner
may be necessary or appropriate to carry out funds in the Treasury not otherwise appro- as a refund due from a credit provision referred
the provisions of paragraphs (5), (6), (7), and priated, there are appropriated to the Secretary to in subsection (b)(2) of such section.
(9). of Labor for fiscal year 2021, $10,000,000, to re- ‘‘(3) OVERSTATEMENTS.—Any overstatement of
(9) OUTREACH.— main available until expended, for the Employee the credit to which a person is entitled under
(A) IN GENERAL.—The Secretary of Labor, in Benefits Security Administration to carry out this section (and any amount paid by the Sec-
consultation with the Secretary of the Treasury the provisions of this subtitle. retary as a result of such overstatement) shall
and the Secretary of Health and Human Serv- (b) COBRA PREMIUM ASSISTANCE.— be treated as an underpayment by such person
ices, shall provide outreach consisting of public (1) ALLOWANCE OF CREDIT.— of the taxes described in paragraph (1) and may
education and enrollment assistance relating to (A) IN GENERAL.—Subchapter B of chapter 65 be assessed and collected by the Secretary in the
premium assistance provided under this sub- of the Internal Revenue Code of 1986 is amended same manner as such taxes.
section. Such outreach shall target employers, by adding at the end the following new section: ‘‘(d) GOVERNMENTAL ENTITIES.—For purposes
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group health plan administrators, public assist- ‘‘SEC. 6432. CONTINUATION COVERAGE PREMIUM of this section, the term ‘person’ includes the
ance programs, States, insurers, and other enti- ASSISTANCE. government of any State or political subdivision
ties as determined appropriate by such Secre- ‘‘(a) IN GENERAL.—The person to whom pre- thereof, any Indian tribal government (as de-
taries. Such outreach shall include an initial miums are payable for continuation coverage fined in section 139E(c)(1)), any agency or in-
focus on those individuals electing continuation under section 9501(a)(1) of the American Rescue strumentality of any of the foregoing, and any
coverage who are referred to in paragraph Plan Act of 2021 shall be allowed as a credit agency or instrumentality of the Government of
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H817
the United States that is described in section individual elects continuation coverage under Subtitle G—Promoting Economic Security
501(c)(1) and exempt from taxation under sec- subsection (a)(1). PART 1—2021 RECOVERY REBATES TO
tion 501(a). (2) PENALTY FOR FAILURE TO NOTIFY HEALTH INDIVIDUALS
‘‘(e) DENIAL OF DOUBLE BENEFIT.—For pur- PLAN OF CESSATION OF ELIGIBILITY FOR PREMIUM SEC. 9601. 2021 RECOVERY REBATES TO INDIVID-
poses of chapter 1, the gross income of any per- ASSISTANCE.— UALS.
son allowed a credit under this section shall be (A) IN GENERAL.—Part I of subchapter B of (a) IN GENERAL.—Subchapter B of chapter 65
increased for the taxable year which includes chapter 68 of the Internal Revenue Code of 1986 of the Internal Revenue Code of 1986 is amended
the last day of any calendar quarter with re- is amended by adding at the end the following by inserting after section 6428A the following
spect to which such credit is allowed by the new section: new section:
amount of such credit. No credit shall be al- ‘‘SEC. 6720C. PENALTY FOR FAILURE TO NOTIFY ‘‘SEC. 6428B. 2021 RECOVERY REBATES TO INDI-
lowed under this section with respect to any HEALTH PLAN OF CESSATION OF VIDUALS.
amount which is taken into account as qualified ELIGIBILITY FOR CONTINUATION ‘‘(a) IN GENERAL.—In the case of an eligible
wages under section 2301 of the CARES Act or COVERAGE PREMIUM ASSISTANCE. individual, there shall be allowed as a credit
section 3134 of this title or as qualified health ‘‘(a) IN GENERAL.—Except in the case of a against the tax imposed by subtitle A for the
plan expenses under section 7001(d) or 7003(d) of failure described in subsection (b) or (c), any first taxable year beginning in 2021 an amount
the Families First Coronavirus Response Act or person required to notify a group health plan equal to the 2021 rebate amount determined for
section 3131 or 3132 of this title. under section 9501(a)(2)(B) of the American Res- such taxable year.
‘‘(f) EXTENSION OF LIMITATION ON ASSESS- cue Plan Act of 2021 who fails to make such a ‘‘(b) 2021 REBATE AMOUNT.—For purposes of
MENT.—Notwithstanding section 6501, the limi- notification at such time and in such manner as this section, the term ‘2021 rebate amount’
tation on the time period for the assessment of the Secretary of Labor may require shall pay a means, with respect to any taxpayer for any
any amount attributable to a credit claimed penalty of $250 for each such failure. taxable year, the sum of—
under this section shall not expire before the ‘‘(b) INTENTIONAL FAILURE.—In the case of ‘‘(1) $1,400 ($2,800 in the case of a joint re-
date that is 5 years after the later of— any such failure that is fraudulent, such person turn), plus
‘‘(1) the date on which the original return shall pay a penalty equal to the greater of— ‘‘(2) $1,400 multiplied by the number of de-
which includes the calendar quarter with re- ‘‘(1) $250, or pendents of the taxpayer for such taxable year.
spect to which such credit is determined is filed, ‘‘(c) ELIGIBLE INDIVIDUAL.—For purposes of
‘‘(2) 110 percent of the premium assistance
or this section, the term ‘eligible individual’ means
provided under section 9501(a)(1)(A) of the
‘‘(2) the date on which such return is treated any individual other than—
American Rescue Plan Act of 2021 after termi-
as filed under section 6501(b)(2). ‘‘(1) any nonresident alien individual,
nation of eligibility under such section.
‘‘(g) REGULATIONS.—The Secretary shall issue ‘‘(2) any individual who is a dependent of an-
such regulations, or other guidance, forms, in- ‘‘(c) REASONABLE CAUSE EXCEPTION.—No pen-
other taxpayer for a taxable year beginning in
structions, and publications, as may be nec- alty shall be imposed under this section with re-
the calendar year in which the individual’s tax-
essary or appropriate to carry out this section, spect to any failure if it is shown that such fail-
able year begins, and
including— ure is due to reasonable cause and not to willful
‘‘(3) an estate or trust.
‘‘(1) the requirement to report information or neglect.’’. ‘‘(d) LIMITATION BASED ON ADJUSTED GROSS
the establishment of other methods for verifying (B) CLERICAL AMENDMENT.—The table of sec- INCOME.—
the correct amounts of reimbursements under tions of part I of subchapter B of chapter 68 of ‘‘(1) IN GENERAL.—The amount of the credit
this section, such Code is amended by adding at the end the allowed by subsection (a) (determined without
‘‘(2) the application of this section to group following new item: regard to this subsection and subsection (f))
health plans that are multiemployer plans (as ‘‘Sec. 6720C. Penalty for failure to notify health shall be reduced (but not below zero) by the
defined in section 3(37) of the Employee Retire- plan of cessation of eligibility for amount which bears the same ratio to such cred-
ment Income Security Act of 1974), continuation coverage premium it (as so determined) as—
‘‘(3) to allow the advance payment of the assistance.’’. ‘‘(A) the excess of—
credit determined under subsection (a), subject (3) COORDINATION WITH HCTC.— ‘‘(i) the taxpayer’s adjusted gross income for
to the limitations provided in this section, based (A) IN GENERAL.—Section 35(g)(9) of the Inter- such taxable year, over
on such information as the Secretary shall re- nal Revenue Code of 1986 is amended to read as ‘‘(ii) $75,000, bears to
quire, follows: ‘‘(B) $25,000.
‘‘(4) to provide for the reconciliation of such ‘‘(2) SPECIAL RULES.—
‘‘(9) CONTINUATION COVERAGE PREMIUM AS- ‘‘(A) JOINT RETURN OR SURVIVING SPOUSE.—In
advance payment with the amount of the credit SISTANCE.—In the case of an assistance eligible
at the time of filing the return of tax for the ap- the case of a joint return or a surviving spouse
individual who receives premium assistance for (as defined in section 2(a)), paragraph (1) shall
plicable quarter or taxable year, and continuation coverage under section 9501(a)(1)
‘‘(5) allowing the credit to third party payors be applied by substituting ‘$150,000’ for ‘$75,000’
of the American Rescue Plan Act of 2021 for any and ‘$50,000’ for ‘$25,000’.
(including professional employer organizations, month during the taxable year, such individual
certified professional employer organizations, or ‘‘(B) HEAD OF HOUSEHOLD.—In the case of a
shall not be treated as an eligible individual, a head of household (as defined in section 2(b)),
agents under section 3504).’’. certified individual, or a qualifying family mem-
(B) CLERICAL AMENDMENT.—The table of sec- paragraph (1) shall be applied by substituting
ber for purposes of this section or section 7527 ‘$112,500’ for ‘$75,000’ and ‘$37,500’ for ‘$25,000’.
tions for subchapter B of chapter 65 of the In- with respect to such month.’’.
ternal Revenue Code of 1986 is amended by add- ‘‘(e) DEFINITIONS AND SPECIAL RULES.—
(B) EFFECTIVE DATE.—The amendment made ‘‘(1) DEPENDENT DEFINED.—For purposes of
ing at the end the following new item: by subparagraph (A) shall apply to taxable this section, the term ‘dependent’ has the mean-
‘‘Sec. 6432. Continuation coverage premium as- years ending after the date of the enactment of ing given such term by section 152.
sistance.’’. this Act. ‘‘(2) IDENTIFICATION NUMBER REQUIREMENT.—
(C) EFFECTIVE DATE.—The amendments made (4) EXCLUSION OF CONTINUATION COVERAGE ‘‘(A) IN GENERAL.—In the case of a return
by this paragraph shall apply to premiums to PREMIUM ASSISTANCE FROM GROSS INCOME.— other than a joint return, the $1,400 amount in
which subsection (a)(1)(A) applies and wages (A) IN GENERAL.—Part III of subchapter B of subsection (b)(1) shall be treated as being zero
paid on or after April 1, 2021. chapter 1 of the Internal Revenue Code of 1986 unless the taxpayer includes the valid identi-
(D) SPECIAL RULE IN CASE OF EMPLOYEE PAY- is amended by inserting after section 139H the fication number of the taxpayer on the return of
MENT THAT IS NOT REQUIRED UNDER THIS SEC- following new section: tax for the taxable year.
TION.— ‘‘(B) JOINT RETURNS.—In the case of a joint
‘‘SEC. 139I. CONTINUATION COVERAGE PREMIUM
(i) IN GENERAL.—In the case of an assistance ASSISTANCE. return, the $2,800 amount in subsection (b)(1)
eligible individual who pays, with respect any shall be treated as being—
‘‘In the case of an assistance eligible indi-
period of coverage to which subsection (a)(1)(A) ‘‘(i) $1,400 if the valid identification number of
vidual (as defined in subsection (a)(3) of section
applies, the amount of the premium for such only 1 spouse is included on the return of tax
9501 of the American Rescue Plan Act of 2021),
coverage that the individual would have (but for the taxable year, and
gross income does not include any premium as-
for this Act) been required to pay, the person to ‘‘(ii) zero if the valid identification number of
sistance provided under subsection (a)(1) of
whom such payment is payable shall reimburse neither spouse is so included.
such section.’’.
such individual for the amount of such premium ‘‘(C) DEPENDENTS.—A dependent shall not be
paid in excess of the amount required to be paid (B) CLERICAL AMENDMENT.—The table of sec-
taken into account under subsection (b)(2) un-
under subsection (a)(1)(A). tions for part III of subchapter B of chapter 1
less the valid identification number of such de-
(ii) CREDIT OF REIMBURSEMENT.—A person to of such Code is amended by inserting after the
pendent is included on the return of tax for the
which clause (i) applies shall be allowed a credit item relating to section 139H the following new
taxable year.
in the manner provided under section 6432 of the item: ‘‘(D) VALID IDENTIFICATION NUMBER.—
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Internal Revenue Code of 1986 for any payment ‘‘Sec. 139I. Continuation coverage premium as- ‘‘(i) IN GENERAL.—For purposes of this para-
made to the employee under such clause. sistance.’’. graph, the term ‘valid identification number’
(iii) PAYMENT OF CREDITS.—Any person to (C) EFFECTIVE DATE.—The amendments made means a social security number issued to an in-
which clause (i) applies shall make the payment by this paragraph shall apply to taxable years dividual by the Social Security Administration
required under such clause to the individual not ending after the date of the enactment of this on or before the due date for filing the return
later than 60 days after the date on which such Act. for the taxable year.
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H818 CONGRESSIONAL RECORD — HOUSE February 26, 2021
‘‘(ii) ADOPTION TAXPAYER IDENTIFICATION for the taxable year for purposes of applying increase in the balance of any previously issued
NUMBER.—For purposes of subparagraph (C), in subsection (e)(2)(B) with respect to such joint prepaid debit card if, as of the time of the
the case of a dependent who is adopted or return, and issuance of such card, such card was issued
placed for adoption, the term ‘valid identifica- ‘‘(iii) no amount shall be determined under solely for purposes of making payments under
tion number’ shall include the adoption tax- subsection (e)(2) with respect to any dependent section 6428 or 6428A.
payer identification number of such dependent. of the taxpayer if the taxpayer (both spouses in ‘‘(h) REGULATIONS.—The Secretary shall pre-
‘‘(E) SPECIAL RULE FOR MEMBERS OF THE the case of a joint return) was deceased before scribe such regulations or other guidance as
ARMED FORCES.—Subparagraph (B) shall not January 1, 2021. may be necessary or appropriate to carry out
apply in the case where at least 1 spouse was a ‘‘(3) TIMING AND MANNER OF PAYMENTS.—The the purposes of this section, including—
member of the Armed Forces of the United Secretary shall, subject to the provisions of this ‘‘(1) regulations or other guidance providing
States at any time during the taxable year and title and consistent with rules similar to the taxpayers the opportunity to provide the Sec-
the valid identification number of at least 1 rules of subparagraphs (B) and (C) of section retary information sufficient to allow the Sec-
spouse is included on the return of tax for the 6428A(f)(3), refund or credit any overpayment retary to make payments to such taxpayers
taxable year. attributable to this subsection as rapidly as pos- under subsection (g) (including the determina-
‘‘(F) COORDINATION WITH CERTAIN ADVANCE sible, consistent with a rapid effort to make pay- tion of the amount of such payment) if such in-
PAYMENTS.—In the case of any payment deter- ments attributable to such overpayments elec- formation is not otherwise available to the Sec-
mined pursuant to subsection (g)(6), a valid tronically if appropriate. No refund or credit retary, and
identification number shall be treated for pur- shall be made or allowed under this subsection ‘‘(2) regulations or other guidance to ensure to
poses of this paragraph as included on the tax- after December 31, 2021. the maximum extent administratively prac-
payer’s return of tax if such valid identification ‘‘(4) NO INTEREST.—No interest shall be al- ticable that, in determining the amount of any
number is available to the Secretary as described lowed on any overpayment attributable to this credit under subsection (a) and any credit or re-
in such subsection. subsection. fund under subsection (g), an individual is not
‘‘(G) MATHEMATICAL OR CLERICAL ERROR AU- ‘‘(5) APPLICATION TO INDIVIDUALS WHO HAVE taken into account more than once, including
THORITY.—Any omission of a correct valid iden- FILED A RETURN OF TAX FOR 2020.— by different taxpayers and including by reason
tification number required under this paragraph ‘‘(A) APPLICATION TO 2020 RETURNS FILED AT of a change in joint return status or dependent
shall be treated as a mathematical or clerical TIME OF INITIAL DETERMINATION.—If, at the time status between the taxable year for which an
error for purposes of applying section 6213(g)(2) of any determination made pursuant to para- advance refund amount is determined and the
to such omission. graph (3), the individual referred to in para- taxable year for which a credit under subsection
‘‘(3) CREDIT TREATED AS REFUNDABLE.—The graph (1) has filed a return of tax for the indi- (a) is determined.
credit allowed by subsection (a) shall be treated vidual’s first taxable year beginning in 2020, ‘‘(i) OUTREACH.—The Secretary shall carry
as allowed by subpart C of part IV of sub- paragraph (1) shall be applied with respect to out a robust and comprehensive outreach pro-
chapter A of chapter 1. such individual by substituting ‘2020’ for ‘2019’. gram to ensure that all taxpayers described in
‘‘(f) COORDINATION WITH ADVANCE REFUNDS ‘‘(B) ADDITIONAL PAYMENT.— subsection (h)(1) learn of their eligibility for the
OF CREDIT.— ‘‘(i) IN GENERAL.—In the case of any indi- advance refunds and credits under subsection
‘‘(1) REDUCTION OF REFUNDABLE CREDIT.—The vidual who files, before the additional payment (g); are advised of the opportunity to receive
amount of the credit which would (but for this determination date, a return of tax for such in- such advance refunds and credits as provided
paragraph) be allowable under subsection (a) dividual’s first taxable year beginning in 2020, under subsection (h)(1); and are provided assist-
shall be reduced (but not below zero) by the ag- the Secretary shall make a payment (in addition ance in applying for such advance refunds and
gregate refunds and credits made or allowed to to any payment made under paragraph (1)) to credits.’’.
the taxpayer (or, except as otherwise provided such individual equal to the excess (if any) of— (b) TREATMENT OF CERTAIN POSSESSIONS.—
by the Secretary, any dependent of the tax- ‘‘(I) the amount which would be determined (1) PAYMENTS TO POSSESSIONS WITH MIRROR
payer) under subsection (g). Any failure to so under paragraph (1) (after the application of CODE TAX SYSTEMS.—The Secretary of the Treas-
reduce the credit shall be treated as arising out subparagraph (A)) by applying paragraph (1) as ury shall pay to each possession of the United
of a mathematical or clerical error and assessed of the additional payment determination date, States which has a mirror code tax system
according to section 6213(b)(1). over amounts equal to the loss (if any) to that posses-
‘‘(2) JOINT RETURNS.—Except as otherwise pro- ‘‘(II) the amount of any payment made with sion by reason of the amendments made by this
vided by the Secretary, in the case of a refund respect to such individual under paragraph (1). section. Such amounts shall be determined by
or credit made or allowed under subsection (g) ‘‘(ii) ADDITIONAL PAYMENT DETERMINATION the Secretary of the Treasury based on informa-
with respect to a joint return, half of such re- DATE.—The term ‘additional payment deter- tion provided by the government of the respec-
fund or credit shall be treated as having been mination date’ means the earlier of— tive possession.
made or allowed to each individual filing such ‘‘(I) the date which is 90 days after the 2020 (2) PAYMENTS TO OTHER POSSESSIONS.—The
return. calendar year filing deadline, or Secretary of the Treasury shall pay to each pos-
‘‘(g) ADVANCE REFUNDS AND CREDITS.— ‘‘(II) September 1, 2021. session of the United States which does not have
‘‘(1) IN GENERAL.—Subject to paragraphs (5) ‘‘(iii) 2020 CALENDAR YEAR FILING DEADLINE.— a mirror code tax system amounts estimated by
and (6), each individual who was an eligible in- The term ‘2020 calendar year filing deadline’ the Secretary of the Treasury as being equal to
dividual for such individual’s first taxable year means the date specified in section 6072(a) with the aggregate benefits (if any) that would have
beginning in 2019 shall be treated as having respect to returns for calendar year 2020. Such been provided to residents of such possession by
made a payment against the tax imposed by date shall be determined after taking into ac- reason of the amendments made by this section
chapter 1 for such taxable year in an amount count any period disregarded under section if a mirror code tax system had been in effect in
equal to the advance refund amount for such 7508A if such disregard applies to substantially such possession. The preceding sentence shall
taxable year. all returns for calendar year 2020 to which sec- not apply unless the respective possession has a
‘‘(2) ADVANCE REFUND AMOUNT.— tion 6072(a) applies. plan, which has been approved by the Secretary
‘‘(A) IN GENERAL.—For purposes of paragraph ‘‘(6) APPLICATION TO CERTAIN INDIVIDUALS of the Treasury, under which such possession
(1), the advance refund amount is the amount WHO HAVE NOT FILED A RETURN OF TAX FOR 2019 will promptly distribute such payments to its
that would have been allowed as a credit under OR 2020 AT TIME OF DETERMINATION.—In the case residents.
this section for such taxable year if this section of any individual who, at the time of any deter- (3) INCLUSION OF ADMINISTRATIVE EXPENSES.—
(other than subsection (f) and this subsection) mination made pursuant to paragraph (3), has The Secretary of the Treasury shall pay to each
had applied to such taxable year. filed a tax return for neither the year described possession of the United States to which the
‘‘(B) TREATMENT OF DECEASED INDIVIDUALS.— in paragraph (1) nor for the year described in Secretary makes a payment under paragraph (1)
For purposes of determining the advance refund paragraph (5)(A), the Secretary shall, consistent or (2) an amount equal to the lesser of—
amount with respect to such taxable year— with rules similar to the rules of section (A) the increase (if any) of the administrative
‘‘(i) any individual who was deceased before 6428A(f)(5)(H)(i), apply paragraph (1) on the expenses of such possession—
January 1, 2021, shall be treated for purposes of basis of information available to the Secretary (i) in the case of a possession described in
applying subsection (e)(2) in the same manner and shall, on the basis of such information, de- paragraph (1), by reason of the amendments
as if the valid identification number of such per- termine the advance refund amount with respect made by this section, and
son was not included on the return of tax for to such individual without regard to subsection (ii) in the case of a possession described in
such taxable year (except that subparagraph (E) (d) unless the Secretary has reason to know that paragraph (2), by reason of carrying out the
thereof shall not apply), such amount would otherwise be reduced by plan described in such paragraph, or
‘‘(ii) notwithstanding clause (i), in the case of reason of such subsection. (B) $500,000 ($10,000,000 in the case of Puerto
a joint return with respect to which only 1 ‘‘(7) SPECIAL RULE RELATED TO TIME OF FILING Rico).
spouse is deceased before January 1, 2021, such RETURN.—Solely for purposes of this subsection, The amount described in subparagraph (A) shall
deceased spouse was a member of the Armed a return of tax shall not be treated as filed until be determined by the Secretary of the Treasury
dlhill on DSK120RN23PROD with House
Forces of the United States at any time during such return has been processed by the Internal based on information provided by the govern-
the taxable year, and the valid identification Revenue Service. ment of the respective possession.
number of such deceased spouse is included on ‘‘(8) RESTRICTION ON USE OF CERTAIN PRE- (4) COORDINATION WITH CREDIT ALLOWED
the return of tax for the taxable year, the valid VIOUSLY ISSUED PREPAID DEBIT CARDS.—Pay- AGAINST UNITED STATES INCOME TAXES.—No
identification number of 1 (and only 1) spouse ments made by the Secretary to individuals credit shall be allowed against United States in-
shall be treated as included on the return of tax under this section shall not be in the form of an come taxes under section 6428B of the Internal
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H819
Revenue Code of 1986 (as added by this section), PART 2—CHILD TAX CREDIT (b) ADVANCE PAYMENT OF CREDIT.—
nor shall any credit or refund be made or al- SEC. 9611. CHILD TAX CREDIT IMPROVEMENTS (1) IN GENERAL.—Chapter 77 of such Code is
lowed under subsection (g) of such section, to FOR 2021. amended by inserting after section 7527 the fol-
any person— (a) IN GENERAL.—Section 24 of the Internal lowing new section:
(A) to whom a credit is allowed against taxes Revenue Code of 1986 is amended by adding at ‘‘SEC. 7527A. ADVANCE PAYMENT OF CHILD TAX
imposed by the possession by reason of the CREDIT.
the end the following new subsection:
amendments made by this section, or ‘‘(i) SPECIAL RULES FOR 2021.—In the case of ‘‘(a) IN GENERAL.—The Secretary shall estab-
any taxable year beginning after December 31, lish a program for making periodic payments to
(B) who is eligible for a payment under a plan
2020, and before January 1, 2022— taxpayers which, in the aggregate during any
described in paragraph (2).
‘‘(1) REFUNDABLE CREDIT.—If the taxpayer (in calendar year, equal the annual advance
(5) MIRROR CODE TAX SYSTEM.—For purposes amount determined with respect to such tax-
of this subsection, the term ‘‘mirror code tax sys- the case of a joint return, either spouse) has a
principal place of abode in the United States payer for such calendar year. Except as pro-
tem’’ means, with respect to any possession of vided in subsection (b)(3)(B), the periodic pay-
the United States, the income tax system of such (determined as provided in section 32) for more
than one-half of the taxable year or is a bona ments made to any taxpayer for any calendar
possession if the income tax liability of the resi- year shall be in equal amounts.
dents of such possession under such system is fide resident of Puerto Rico (within the meaning
‘‘(b) ANNUAL ADVANCE AMOUNT.—For pur-
determined by reference to the income tax laws of section 937(a)) for such taxable year—
poses of this section—
of the United States as if such possession were ‘‘(A) subsection (d) shall not apply, and ‘‘(1) IN GENERAL.—Except as otherwise pro-
the United States. ‘‘(B) so much of the credit determined under vided in this subsection, the term ‘annual ad-
subsection (a) (after application of subpara- vance amount’ means, with respect to any tax-
(6) TREATMENT OF PAYMENTS.—For purposes
graph (A)) as does not exceed the amount of payer for any calendar year, the amount (if
of section 1324 of title 31, United States Code,
such credit which would be so determined with- any) which is estimated by the Secretary as
the payments under this subsection shall be
out regard to subsection (h)(4) shall be allowed being equal to 50 percent of the amount which
treated in the same manner as a refund due
under subpart C (and not allowed under this would be treated as allowed under subpart C of
from a credit provision referred to in subsection
subpart). part IV of subchapter A of chapter 1 by reason
(b)(2) of such section.
‘‘(2) 17-YEAR-OLDS ELIGIBLE FOR TREATMENT of section 24(i)(1) for the taxpayer’s taxable year
(c) ADMINISTRATIVE PROVISIONS.— AS QUALIFYING CHILDREN.—This section shall be
(1) DEFINITION OF DEFICIENCY.—Section beginning in such calendar year if—
applied— ‘‘(A) the status of the taxpayer as a taxpayer
6211(b)(4)(A) of the Internal Revenue Code of ‘‘(A) by substituting ‘age 18’ for ‘age 17’ in described in section 24(i)(1) is determined with
1986 is amended by striking ‘‘6428, and 6428A’’ subsection (c)(1), and respect to the reference taxable year,
and inserting ‘‘6428, 6428A, and 6428B’’. ‘‘(B) by substituting ‘described in subsection ‘‘(B) the taxpayer’s modified adjusted gross
(2) EXCEPTION FROM REDUCTION OR OFFSET.— (c) (determined after the application of sub- income for such taxable year is equal to the tax-
Any refund payable by reason of section section (i)(2)(A))’ for ‘described in subsection payer’s modified adjusted gross income for the
6428B(g) of the Internal Revenue Code of 1986 (c)’ in subsection (h)(4)(A). reference taxable year,
(as added by this section), or any such refund ‘‘(3) CREDIT AMOUNT.—Subsection (h)(2) shall ‘‘(C) the only children of such taxpayer for
payable by reason of subsection (b) of this sec- not apply and subsection (a) shall be applied by such taxable year are qualifying children prop-
tion, shall not be — substituting ‘$3,000 ($3,600 in the case of a quali- erly claimed on the taxpayer’s return of tax for
(A) subject to reduction or offset pursuant to fying child who has not attained age 6 as of the the reference taxable year, and
subsection (c), (d), (e), or (f) of section 6402 of close of the calendar year in which the taxable ‘‘(D) the ages of such children (and the status
the Internal Revenue Code of 1986, or year of the taxpayer begins)’ for ‘$1,000’. of such children as qualifying children) are de-
(B) reduced or offset by other assessed Federal ‘‘(4) REDUCTION OF INCREASED CREDIT AMOUNT termined for such taxable year by taking into
taxes that would otherwise be subject to levy or BASED ON MODIFIED ADJUSTED GROSS INCOME.— account the passage of time since the reference
collection. ‘‘(A) IN GENERAL.—The amount of the credit taxable year.
(3) CONFORMING AMENDMENTS.— allowable under subsection (a) (determined ‘‘(2) REFERENCE TAXABLE YEAR.—Except as
without regard to subsection (b)) shall be re- provided in paragraph (3)(A), the term ‘ref-
(A) Paragraph (2) of section 1324(b) of title 31,
duced by $50 for each $1,000 (or fraction thereof) erence taxable year’ means, with respect to any
United States Code, is amended by inserting
by which the taxpayer’s modified adjusted gross taxpayer for any calendar year, the taxpayer’s
‘‘6428B,’’ after ‘‘6428A,’’.
income (as defined in subsection (b)) exceeds the taxable year beginning in the preceding cal-
(B) The table of sections for subchapter B of applicable threshold amount. endar year or, in the case of taxpayer who did
chapter 65 of the Internal Revenue Code of 1986 ‘‘(B) APPLICABLE THRESHOLD AMOUNT.—For not file a return of tax for such taxable year,
is amended by inserting after the item relating purposes of this paragraph, the term ‘applicable the taxpayer’s taxable year beginning in the
to section 6428A the following new item: threshold amount’ means— second preceding calendar year.
‘‘Sec. 6428B. 2021 recovery rebates to individ- ‘‘(i) $150,000, in the case of a joint return or ‘‘(3) MODIFICATIONS DURING CALENDAR
uals.’’. surviving spouse (as defined in section 2(a)) , YEAR.—
(d) APPROPRIATIONS.—Immediately upon the ‘‘(ii) $112,500, in the case of a head of house- ‘‘(A) IN GENERAL.—The Secretary may modify,
enactment of this Act, in addition to amounts hold (as defined in section 2(b)), and during any calendar year, the annual advance
otherwise available, there are appropriated for ‘‘(iii) $75,000, in any other case. amount with respect to any taxpayer for such
fiscal year 2021, out of any money in the Treas- ‘‘(C) LIMITATION ON REDUCTION.— calendar year to take into account—
ury not otherwise appropriated: ‘‘(i) IN GENERAL.—The amount of the reduc- ‘‘(i) a return of tax filed by such taxpayer
tion under subparagraph (A) shall not exceed during such calendar year (and the taxable year
(1) $1,464,500,000 to remain available until
the lesser of— to which such return relates may be taken into
September 30, 2023 for necessary expenses for the
‘‘(I) the applicable credit increase amount, or account as the reference taxable year), and
Internal Revenue Service for the administration ‘‘(ii) any other information provided by the
‘‘(II) 5 percent of the applicable phaseout
of the advance payments, the provision of tax- taxpayer to the Secretary which allows the Sec-
threshold range.
payer assistance, and the furtherance of inte- ‘‘(ii) APPLICABLE CREDIT INCREASE AMOUNT.— retary to determine payments under subsection
grated, modernized, and secure Internal Rev- For purposes of this subparagraph, the term (a) which, in the aggregate during any taxable
enue Service systems, of which up to $20,000,000 ‘applicable credit increase amount’ means the year of the taxpayer, more closely total the Sec-
is available for premium pay for services related excess (if any) of— retary’s estimate of the amount treated as al-
to the development of information technology as ‘‘(I) the amount of the credit allowable under lowed under subpart C of part IV of subchapter
determined by the Commissioner of the Internal this section for the taxable year determined A of chapter 1 by reason of section 24(i)(1) for
Revenue occurring between January 1, 2020 and without regard to this paragraph and subsection such taxable year of such taxpayer.
December 31, 2022, and all of which shall sup- (b), over ‘‘(B) ADJUSTMENT TO REFLECT EXCESS OR DEF-
plement and not supplant any other appropria- ‘‘(II) the amount of such credit as so deter- ICIT IN PRIOR PAYMENTS.—In the case of any
tions that may be available for this purpose. mined and without regard to paragraph (3). modification of the annual advance amount
(2) $7,000,000 to remain available until Sep- ‘‘(iii) APPLICABLE PHASEOUT THRESHOLD under subparagraph (A), the Secretary may ad-
tember 30, 2022, for necessary expenses for the RANGE.—For purposes of this subparagraph, the just the amount of any periodic payment made
Bureau of the Fiscal Service to carry out this term ‘applicable phaseout threshold range’ after the date of such modification to properly
section (and the amendments made by this sec- means the excess of— take into account the amount by which any
tion), which shall supplement and not supplant ‘‘(I) the threshold amount applicable to the periodic payment made before such date was
any other appropriations that may be available taxpayer under subsection (b) (determined after greater than or less than the amount that such
for this purpose, and the application of subsection (h)(3)), over payment would have been on the basis of the
(3) $8,000,000 to remain available until Sep- ‘‘(II) the applicable threshold amount applica- annual advance amount as so modified.
tember 30, 2023, for the Treasury Inspector Gen- ble to the taxpayer under this paragraph. ‘‘(4) DETERMINATION OF STATUS.—If informa-
dlhill on DSK120RN23PROD with House
eral for Tax Administration for the purposes of ‘‘(D) COORDINATION WITH LIMITATION ON tion contained in the taxpayer’s return of tax
overseeing activities related to the administra- OVERALL CREDIT.—Subsection (b) shall be ap- for the reference taxable year does not establish
tion of this section (and the amendments made plied by substituting ‘the credit allowable under the status of the taxpayer as being described in
by this section), which shall supplement and not subsection (a) (determined after the application section 24(i)(1), the Secretary shall, for purposes
supplant any other appropriations that may be of subsection (i)(4)(A)’ for ‘the credit allowable of paragraph (1)(A), determine such status
available for this purpose. under subsection (a)’.’’. based on information known to the Secretary.
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H820 CONGRESSIONAL RECORD — HOUSE February 26, 2021
‘‘(5) TREATMENT OF CERTAIN DEATHS.—A child ‘‘(ii) AMERICAN SAMOA.—The amount other- amount’ means, with respect to any taxable
shall not be taken into account in determining wise paid by the Secretary to American Samoa year, the product of—
the annual advance amount under paragraph under subparagraph (A) of section 24(k)(3) with ‘‘(I) $2,000, multiplied by
(1) if the death of such child is known to the respect to taxable years beginning in 2021 shall ‘‘(II) the excess (if any) of the number of
Secretary as of the beginning of the calendar be increased by $300,000 if the plan described in qualified children taken into account in deter-
year for which the estimate under such para- subparagraph (B) of such section includes a mining the annual advance amount with respect
graph is made. program, which has been approved by the Sec- to the taxpayer under section 7527A with respect
‘‘(c) ON-LINE INFORMATION PORTAL.—The Sec- retary, for making advance payments under to months beginning in such taxable year, over
retary shall establish an on-line portal which rules similar to the rules of this section. the number of qualified children taken into ac-
allows taxpayers to— ‘‘(iii) TIMING OF PAYMENT.—The Secretary count in determining the credit allowed under
‘‘(1) elect not to receive payments under this may pay, upon the request of the possession of this section for such taxable year.’’.
section, and the United States to which the payment is to be (3) COORDINATION WITH WAGE WITHHOLDING.—
‘‘(2) provide information to the Secretary made, the amount of the increase determined Section 3402(f)(1)(C) of such Code is amended by
which would be relevant to a modification under clause (i) or (ii) immediately upon ap- striking ‘‘section 24(a)’’ and inserting ‘‘section
under subsection (b)(3)(B) of the annual ad- proval of the plan referred to in such clause, re- 24 (determined after application of subsection (j)
vance amount, including information regard- spectively. thereof)’’.
ing— ‘‘(f) APPLICATION.—No payments shall be (4) CONFORMING AMENDMENTS.—
‘‘(A) a change in the number of the taxpayer’s made under the program established under sub- (A) Section 26(b)(2) of such Code is amended
qualifying children, including by reason of the section (a) with respect to— by striking ‘‘and’’ at the end of subparagraph
birth of a child, ‘‘(1) any period before July 1, 2021, or (X), by striking the period at the end of sub-
‘‘(B) a change in the taxpayer’s marital sta- ‘‘(2) any period after December 31, 2021. paragraph (Y) and inserting ‘‘, and’’, and by
tus, ‘‘(g) REGULATIONS.—The Secretary shall issue adding at the end the following new subpara-
‘‘(C) a significant change in the taxpayer’s in- such regulations or other guidance as the Sec-
graph:
come, and retary determines necessary or appropriate to ‘‘(Z) section 24(j)(2) (relating to excess ad-
‘‘(D) any other factor which the Secretary carry out the purposes of this section and sub- vance payments).’’.
may provide. sections (i)(1) and (j) of section 24, including (B) Section 6211(b)(4)(A) of such Code, as
‘‘(d) NOTICE OF PAYMENTS.—Not later than regulations or other guidance which provides amended by the preceding provisions of this sub-
January 31 of the calendar year following any for the application of such provisions where the title, is amended—
calendar year during which the Secretary makes filing status of the taxpayer for a taxable year (i) by striking ‘‘24(d)’’ and inserting ‘‘24 by
one or more payments to any taxpayer under is different from the status used for determining reason of subsections (d) and (i)(1) thereof’’,
this section, the Secretary shall provide such the annual advance amount.’’. and
taxpayer with a written notice which includes (2) RECONCILIATION OF CREDIT AND ADVANCE
(ii) by striking ‘‘and 6428B’’ and inserting
the taxpayer’s taxpayer identity (as defined in CREDIT.—Section 24 of such Code, as amended
‘‘6428B, and 7527A’’.
section 6103(b)(6)), the aggregate amount of by the preceding provision of this Act, is amend-
(C) Paragraph (2) of section 1324(b) of title 31,
such payments made to such taxpayer during ed by adding at the end the following new sub-
United States Code, is amended—
such calendar year, and such other information section:
‘‘(j) RECONCILIATION OF CREDIT AND ADVANCE (i) by inserting ‘‘24,’’ before ‘‘25A’’, and
as the Secretary determines appropriate. (ii) by striking ‘‘ or 6431’’ and inserting ‘‘6431,
‘‘(e) ADMINISTRATIVE PROVISIONS.— CREDIT.—
‘‘(1) IN GENERAL.—The amount of the credit or 7527A’’.
‘‘(1) APPLICATION OF ELECTRONIC FUNDS PAY- (D) The table of sections for chapter 77 of the
MENT REQUIREMENT.—The payments made by
allowed under this section to any taxpayer for
any taxable year shall be reduced (but not Internal Revenue Code of 1986 is amended by in-
the Secretary under subsection (a) shall be made serting after the item relating to section 7527 the
by electronic funds transfer to the same extent below zero) by the aggregate amount of pay-
ments made under section 7527A to such tax- following new item:
and in the same manner as if such payments
payer during such taxable year. Any failure to ‘‘Sec. 7527A. Advance payment of child tax
were Federal payments not made under this
so reduce the credit shall be treated as arising credit.’’.
title.
out of a mathematical or clerical error and as- (5) APPROPRIATIONS TO CARRY OUT ADVANCE
‘‘(2) APPLICATION OF CERTAIN RULES.—Rules
sessed according to section 6213(b)(1). PAYMENTS.—Immediately upon the enactment of
similar to the rules of subparagraphs (B) and
‘‘(2) EXCESS ADVANCE PAYMENTS.— this Act, in addition to amounts otherwise avail-
(C) of section 6428A(f)(3) shall apply for pur- ‘‘(A) IN GENERAL.—If the aggregate amount of able, there are appropriated for fiscal year 2021,
poses of this section. payments under section 7527A to the taxpayer
‘‘(3) EXCEPTION FROM REDUCTION OR OFF- out of any money in the Treasury not otherwise
during the taxable year exceeds the amount of appropriated:
SET.—Any payment made to any individual
the credit allowed under this section to such (A) $397,200,000 to remain available until Sep-
under this section shall not be—
taxpayer for such taxable year (determined tember 30, 2022, for necessary expenses for the
‘‘(A) subject to reduction or offset pursuant to
without regard to paragraph (1)), the tax im- Internal Revenue Service to carry out this sec-
subsection (c), (d), (e), or (f) of section 6402, or
posed by this chapter for such taxable year shall tion (and the amendments made by this section),
‘‘(B) reduced or offset by other assessed Fed-
be increased by the amount of such excess. Any which shall supplement and not supplant any
eral taxes that would otherwise be subject to
failure to so increase the tax shall be treated as other appropriations that may be available for
levy or collection.
‘‘(4) APPLICATION OF ADVANCE PAYMENTS IN arising out of a mathematical or clerical error this purpose, and
THE POSSESSIONS OF THE UNITED STATES.—
and assessed according to section 6213(b)(1). (B) $16,200,000 to remain available until Sep-
‘‘(B) SAFE HARBOR BASED ON MODIFIED AD- tember 30, 2022, for necessary expenses for the
‘‘(A) IN GENERAL.—The advance payment
JUSTED GROSS INCOME.— Bureau of the Fiscal Service to carry out this
amount determined under this section shall be ‘‘(i) IN GENERAL.—In the case of a taxpayer
determined— section (and the amendments made by this sec-
whose modified adjusted gross income (as de- tion), which shall supplement and not supplant
‘‘(i) by applying section 24(i)(1) without re-
fined in subsection (b)) for the taxable year does any other appropriations that may be available
gard to the phrase ‘or is a bona fide resident of
not exceed 200 percent of the applicable income for this purpose.
Puerto Rico (within the meaning of section
threshold, the amount of the increase deter- (c) EFFECTIVE DATE.—
937(a))’, and
mined under subparagraph (A) with respect to (1) IN GENERAL.—The amendments made by
‘‘(ii) without regard to section
such taxpayer for such taxable year shall be re- this section shall apply to taxable years begin-
24(k)(3)(C)(ii)(I).
duced (but not below zero) by the safe harbor ning after December 31, 2020.
‘‘(B) MIRROR CODE POSSESSIONS.—In the case
amount. (2) ESTABLISHMENT OF ADVANCE PAYMENT PRO-
of any possession of the United States with a ‘‘(ii) PHASE OUT OF SAFE HARBOR AMOUNT.—In
mirror code tax system (as defined in section GRAM.—The Secretary of the Treasury (or the
the case of a taxpayer whose modified adjusted Secretary’s designee) shall establish the program
24(k)), this section shall not be treated as part gross income (as defined in subsection (b)) for
of the income tax laws of the United States for described in section 7527A of the Internal Rev-
the taxable year exceeds the applicable income enue Code of 1986 as soon as practicable after
purposes of determining the income tax law of threshold, the safe harbor amount otherwise in
such possession unless such possession elects to the date of the enactment of this Act, except
effect under clause (i) shall be reduced by the that the Secretary shall ensure that the timing
have this section be so treated. amount which bears the same ratio to such
‘‘(C) ADMINISTRATIVE EXPENSES OF ADVANCE of the establishment of such program does not
amount as such excess bears to the applicable interfere with carrying out section 6428B(g) as
PAYMENTS.—
income threshold. rapidly as possible.
‘‘(i) MIRROR CODE POSSESSIONS.—In the case ‘‘(iii) APPLICABLE INCOME THRESHOLD.—For
of any possession described in subparagraph (B) purposes of this subparagraph, the term ‘appli- SEC. 9612. APPLICATION OF CHILD TAX CREDIT
which makes the election described in such sub- IN POSSESSIONS.
cable income threshold’ means—
paragraph, the amount otherwise paid by the ‘‘(I) $60,000 in the case of a joint return or (a) IN GENERAL.—Section 24 of the Internal
dlhill on DSK120RN23PROD with House
Secretary to such possession under section surviving spouse (as defined in section 2(a)), Revenue Code of 1986, as amended by the pre-
24(k)(1)(A) with respect to taxable years begin- ‘‘(II) $50,000 in the case of a head of house- ceding provisions of this Act, is amended by
ning in 2021 shall be increased by $300,000 if hold, and adding at the end the following new subsection:
such possession has a plan, which has been ap- ‘‘(III) $40,000 in any other case. ‘‘(k) APPLICATION OF CREDIT IN POSSES-
proved by the Secretary, for making advance ‘‘(iv) SAFE HARBOR AMOUNT.—For purposes of SIONS.—
payments consistent with such election. this subparagraph, the term ‘safe harbor ‘‘(1) MIRROR CODE POSSESSIONS.—
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February 26, 2021 CONGRESSIONAL RECORD — HOUSE H821
‘‘(A) IN GENERAL.—The Secretary shall pay to the payments under this subsection shall be lating to higher education tuition and related
each possession of the United States with a mir- treated in the same manner as a refund due expenses) to check the status of individuals as
ror code tax system amounts equal to the loss (if from a credit provision referred to in subsection specified students for purposes of section
any) to that possession by reason of the applica- (b)(2) of such section.’’. 32(n)(1)(B)(ii) of the Internal Revenue Code of
tion of this section (determined without regard (b) EFFECTIVE DATE.—The amendments made 1986 (as added by this section).
to this subsection) with respect to taxable years by this section shall apply to taxable years be- (c) EFFECTIVE DATE.—The amendment made
beginning after 2020. Such amounts shall be de- ginning after December 31, 2020. by this section shall apply to taxable years be-
termined by the Secretary based on information PART 3—EARNED INCOME TAX CREDIT ginning after December 31, 2020.
provided by the government of the respective SEC. 9622. TAXPAYER ELIGIBLE FOR CHILDLESS
SEC. 9621. STRENGTHENING THE EARNED IN-
possession. COME TAX CREDIT FOR INDIVIDUALS
EARNED INCOME CREDIT IN CASE OF
‘‘(B) COORDINATION WITH CREDIT ALLOWED QUALIFYING CHILDREN WHO FAIL
WITH NO QUALIFYING CHILDREN.
AGAINST UNITED STATES INCOME TAXES.—No TO MEET CERTAIN IDENTIFICATION
(a) SPECIAL RULES FOR 2021.—Section 32 of REQUIREMENTS.
credit shall be allowed under this section for the Internal Revenue Code of 1986 is amended
any taxable year to any individual to whom a (a) IN GENERAL.—Section 32(c)(1) of the Inter-
by adding at the end the following new sub- nal Revenue Code of 1986 is amended by striking
credit is allowable against taxes imposed by a section:
possession of the United States with a mirror subparagraph (F).
‘‘(n) SPECIAL RULES FOR INDIVIDUALS WITH- (b) EFFECTIVE DATE.—The amendment made
code tax system by reason of the application of OUT QUALIFYING CHILDREN.—In the case of any
this section in such possession for such taxable by this section shall apply to taxable years be-
taxable year beginning after December 31, 2020, ginning after December 31, 2020.
year. and before January 1, 2022—
‘‘(C) MIRROR CODE TAX SYSTEM.—For pur- SEC. 9623. CREDIT ALLOWED IN CASE OF CERTAIN
‘‘(1) DECREASE IN MINIMUM AGE FOR CREDIT.— SEPARATED SPOUSES.
poses of this paragraph, the term ‘mirror code ‘‘(A) IN GENERAL.—Subsection (c)(1)(A)(ii)(II)
tax system’ means, with respect to any posses- (a) IN GENERAL.—Section 32(d) of the Internal
shall be applied by substituting ‘the applicable Revenue Code of 1986 is amended—
sion of the United States, the income tax system minimum age’ for ‘age 25’.
of such possession if the income tax liability of (1) by striking ‘‘MARRIED INDIVIDUALS.—In
‘‘(B) APPLICABLE MINIMUM AGE.—For pur- the case of’’ and inserting the following: ‘‘MAR-
the residents of such possession under such sys- poses of this paragraph, the term ‘applicable
tem is determined by reference to the income tax RIED INDIVIDUALS.—
minimum age’ means— ‘‘(1) IN GENERAL.—In the case of’’, and
laws of the United States as if such possession ‘‘(i) except as otherwise provided in this sub-
were the United States. (2) by adding at the end the following new
paragraph, age 19, paragraph:
‘‘(2) PUERTO RICO.— ‘‘(ii) in the case of a specified student (other
‘‘(A) APPLICATION TO TAXABLE YEARS IN 2021.— ‘‘(2) DETERMINATION OF MARITAL STATUS.—
than a qualified former foster youth or a quali- For purposes of this section—
‘‘(i) For application of refundable credit to
fied homeless youth), age 24, and ‘‘(A) IN GENERAL.—Except as provided in sub-
residents of Puerto Rico, see subsection (i)(1).
‘‘(iii) in the case of a qualified former foster paragraph (B), marital status shall be deter-
‘‘(ii) For nonapplication of advance payment
youth or a qualified homeless youth, age 18. mined under section 7703(a).
to residents of Puerto Rico, see section
‘‘(C) SPECIFIED STUDENT.—For purposes of ‘‘(B) SPECIAL RULE FOR SEPARATED SPOUSE.—
7527A(e)(5)(A).
‘‘(B) APPLICATION TO TAXABLE YEARS AFTER this paragraph, the term ‘specified student’ An individual shall not be treated as married if
2021.—In the case of any bona fide resident of
means, with respect to any taxable year, an in- such individual—
Puerto Rico (within the meaning of section dividual who is an eligible student (as defined ‘‘(i) is married (as determined under section
937(a)) for any taxable year beginning after De- in section 25A(b)(3)) during at least 5 calendar 7703(a)) and does not file a joint return for the
cember 31, 2021— months during the taxable year. taxable year,
‘‘(i) the credit determined under this section ‘‘(D) QUALIFIED FORMER FOSTER YOUTH.—For ‘‘(ii) resides with a qualifying child of the in-
shall be allowable to such resident, and purposes of this paragraph, the term ‘qualified dividual for more than one-half of such taxable
‘‘(ii) subsection (d)(1)(B)(ii) shall be applied former foster youth’ means an individual who— year, and
without regard to the phrase ‘in the case of a ‘‘(i) on or after the date that such individual ‘‘(iii)(I) during the last 6 months of such tax-
taxpayer with 3 or more qualifying children’. attained age 14, was in foster care provided able year, does not have the same principal
‘‘(3) AMERICAN SAMOA.— under the supervision or administration of an place of abode as the individual’s spouse, or
‘‘(A) IN GENERAL.—The Secretary shall pay to entity administering (or eligible to administer) a ‘‘(II) has a decree, instrument, or agreement
American Samoa amounts estimated by the Sec- plan under part B or part E of title IV of the So- (other than a decree of divorce) described in sec-
retary as being equal to the aggregate benefits cial Security Act (without regard to whether tion 121(d)(3)(C) with respect to the individual’s
that would have been provided to residents of Federal assistance was provided with respect to spouse and is not a member of the same house-
American Samoa by reason of the application of such child under such part E), and hold with the individual’s spouse by the end of
this section for taxable years beginning after ‘‘(ii) provides (in such manner as the Sec- the taxable year.’’.
2020 if the provisions of this section had been in retary may provide) consent for entities which (b) CONFORMING AMENDMENTS.—
effect in American Samoa (applied as if Amer- administer a plan under part B or part E of title (1) Section 32(c)(1)(A) of such Code is amend-
ican Samoa were the United States and without IV of the Social Security Act to disclose to the ed by striking the last sentence.
regard to the application of this section to bona Secretary information related to the status of (2) Section 32(c)(1)(E)(ii) of such Code is
fide residents of Puerto Rico under subsection such individual as a qualified former foster amended by striking ‘‘(within the meaning of
(i)(1)). youth. section 7703)’’.
‘‘(B) DISTRIBUTION REQUIREMENT.—Subpara- ‘‘(E) QUALIFIED HOMELESS YOUTH.—For pur- (3) Section 32(d)(1) of such Code, as amended
graph (A) shall not apply unless American poses of this paragraph, the term ‘qualified by subsection (a), is amended by striking
Samoa has a plan, which has been approved by homeless youth’ means, with respect to any tax- ‘‘(within the meaning of section 7703)’’.
the Secretary, under which American Samoa able year, an individual who certifies, in a man- (c) EFFECTIVE DATE.—The amendments made
will promptly distribute such payments to its ner as provided by the Secretary, that such indi- by this section shall apply to taxable years be-
residents. vidual is either an unaccompanied youth who is ginning after December 31, 2020.
‘‘(C) COORDINATION WITH CREDIT ALLOWED a homeless child or youth, or is unaccompanied, SEC. 9624. MODIFICATION OF DISQUALIFIED IN-
AGAINST UNITED STATES INCOME TAXES.— at risk of homelessness, and self-supporting. VESTMENT INCOME TEST.
‘‘(i) IN GENERAL.—In the case of a taxable ‘‘(2) ELIMINATION OF MAXIMUM AGE FOR CRED- (a) IN GENERAL.—Section 32(i) of the Internal
year with respect to which a plan is approved IT.—Subsection (c)(1)(A)(ii)(II) shall be applied Revenue Code of 1986 is amended by striking
under subparagraph (B), this section (other without regard to the phrase ‘but not attained ‘‘$2,200’’ and inserting ‘‘$10,000’’.
than this subsection) shall not apply to any in- age 65’. (b) INFLATION ADJUSTMENT.—Section 32(j)(1)
dividual eligible for a distribution under such ‘‘(3) INCREASE IN CREDIT AND PHASEOUT PER- of such Code is amended—
plan. CENTAGES.—The table contained in subsection (1) in the matter preceding subparagraph (A),
‘‘(ii) APPLICATION OF SECTION IN EVENT OF AB- (b)(1) shall be applied by substituting ‘15.3’ for by inserting ‘‘(2021 in the case of the dollar
SENCE OF APPROVED PLAN.—In the case of a tax- ‘7.65’ each place it appears therein. amount in subsection (i)(1))’’ after ‘‘2015’’,
able year with respect to which a plan is not ap- ‘‘(4) INCREASE IN EARNED INCOME AND PHASE- (2) in subparagraph (B)(i)—
proved under subparagraph (B)— OUT AMOUNTS.— (A) by striking ‘‘subsections (b)(2)(A) and
‘‘(I) if such taxable year begins in 2021, sub- ‘‘(A) IN GENERAL.—The table contained in (i)(1)’’ and inserting ‘‘subsection (b)(2)(A)’’, and
section (i)(1) shall be applied by substituting subsection (b)(2)(A) shall be applied— (B) by striking ‘‘and’’ at the end,
‘bona fide resident of Puerto Rico or American ‘‘(i) by substituting ‘$9,820’ for ‘$4,220’, and (3) by striking the period at the end of sub-
Samoa’ for ‘bona fide resident of Puerto Rico’, ‘‘(ii) by substituting ‘$11,610’ for ‘$5,280’. paragraph (B)(ii) and inserting ‘‘, and’’, and
and ‘‘(B) COORDINATION WITH INFLATION ADJUST- (4) by inserting after subparagraph (B)(ii) the
‘‘(II) if such taxable year begins after Decem- MENT.—Subsection (j) shall not apply to any following new clause:
dlhill on DSK120RN23PROD with House
ber 31, 2021, rules similar to the rules of para- dollar amount specified in this paragraph.’’. ‘‘(iii) in the case of the $10,000 amount in sub-
graph (2)(B) shall apply with respect to bona (b) INFORMATION RETURN MATCHING.—As section (i)(1), ‘calendar year 2020’ for ‘calendar
fide residents of American Samoa (within the soon as practicable, the Secretary of the Treas- year 2016’.’’.
meaning of section 937(a)). ury (or the Secretary’s delegate) shall develop (c) EFFECTIVE DATE.—The amendments made
‘‘(4) TREATMENT OF PAYMENTS.—For purposes and implement procedures to use information re- by this section shall apply to taxable years be-
of section 1324 of title 31, United States Code, turns under section 6050S (relating to returns re- ginning after December 31, 2020.
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