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Home Source documents Congressional Record — House, February 26, 2021, Page H773

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

Cite this document

“Congressional Record — House, February 26, 2021, Page H773.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-02-26-crec-2021-02-26-pt1-pgh773-2-4794097306/, SHA-256 2bbbccc5650df53cb8364b0823f0b6099dfb01c6398ba6a5c8e41ecd7fcf0eff.

Full text

                                            February 26, 2021                                     CONGRESSIONAL RECORD — HOUSE                                                                                   H773
                                               MEMBERS RECORDED PURSUANT TO HOUSE                       Kuster             Neguse                Sherman          Simpson             Taylor               Waltz
                                                   RESOLUTION 8, 117TH CONGRESS                         Lamb               Newman                Sherrill         Smith (MO)          Tenney               Weber (TX)
                                                                                                        Langevin           Norcross              Sires            Smith (NE)          Thompson (PA)        Webster (FL)
                                            Allred (Davids      Green (TN)           Moulton            Larsen (WA)        O’Halleran            Slotkin          Smith (NJ)          Tiffany              Wenstrup
                                              (KS))               (Timmons)            (Trahan)         Larson (CT)        Ocasio-Cortez                          Smucker             Timmons
                                                                                                                                                 Smith (WA)                                                Westerman
                                            Amodei              Green, Al (TX)       Mullin (Lucas)     Lawrence           Omar                                   Spartz              Turner
                                                                                                                                                 Soto                                                      Williams (TX)
                                              (Balderson)         (Perlmutter)       Napolitano         Lawson (FL)        Pallone                                Stauber             Upton
                                                                                                                                                 Spanberger                                                Wilson (SC)
                                            Banks (Walorski)    Grijalva (Garcı́a      (Correa)         Lee (CA)           Panetta                                Steel               Valadao
                                                                                                                                                 Speier                                                    Wittman
                                            Boebert               (IL))              Norman (Rice       Lee (NV)           Pappas                                 Stefanik            Van Drew
                                                                                                                                                 Stanton                                                   Womack
                                              (McHenry)         Hastings               (SC))            Leger Fernandez    Pascrell                               Steil               Van Duyne
                                                                  (Cleaver)                                                                      Stevens                                                   Young
                                            Bowman (Clark                            Nunes (Garcia      Levin (CA)         Payne                 Strickland       Steube              Wagner
                                              (MA))             Hern (Lucas)                                                                                      Stewart                                  Zeldin
                                                                                       (CA))            Levin (MI)         Perlmutter            Suozzi                               Walberg
                                            Brown (Mfume)       Himes                                   Lieu               Peters                                 Stivers             Walorski
                                                                                     Palazzo                                                     Swalwell
                                            Buchanan              (Courtney)                            Lofgren            Phillips
                                                                Issa (Valadao)         (Fleischmann)                                             Takano                               NOT VOTING—2
                                              (Donalds)                              Payne (Pallone)    Lowenthal          Pingree               Thompson (CA)
                                            Budd (McHenry)      Jackson (Nehls)                         Luria              Pocan                                  Bost                Gallego
                                                                Jackson Lee          Pingree (Kuster)                                            Thompson (MS)
                                            Calvert (Garcia                                             Lynch              Porter
                                              (CA))
                                                                  (Butterfield)      Porter (Wexton)
                                                                                                        Malinowski         Pressley
                                                                                                                                                 Titus                               b 2318
                                                                Kelly (IL)           Reed (Arrington)                                            Tlaib
                                            Cárdenas                                                   Maloney,           Price (NC)
                                                                  (Kuster)           Rodgers (WA)
                                                                                                          Carolyn B.       Quigley
                                                                                                                                                 Tonko              Mr. MCKINLEY changed his vote
                                              (Gomez)                                                                                            Torres (CA)
                                            Carter (TX)
                                                                Kelly (PA)             (Herrera
                                                                                                        Maloney, Sean      Raskin                                 from ‘‘yea’’ to ‘‘nay.’’
                                                                  (Keller)             Beutler)                                                  Torres (NY)
                                              (Nehls)                                                   Manning            Rice (NY)
                                                                                                                                                 Trahan
                                                                                                                                                                    So the resolution was agreed to.
                                                                Kirkpatrick          Roybal-Allard      Matsui             Ross
                                            Cawthorn
                                                                  (Stanton)            (Bass)                                                    Trone              The result of the vote was announced
                                              (McHenry)                                                 McBath             Roybal-Allard
                                                                Krishnamoorthi       Ruiz (Aguilar)     McCollum           Ruiz                  Underwood        as above recorded.
                                            DeSaulnier
                                              (Matsui)
                                                                  (Clark (MA))       Rush               McEachin           Ruppersberger         Vargas             A motion to reconsider was laid on
                                                                LaHood (Smith          (Underwood)      McGovern           Rush                  Veasey           the table.
                                            DesJarlais            (NE))                                                                          Vela
                                              (Fleischmann)                          Steube             McNerney           Ryan
                                                                Langevin                                                                         Velázquez          MEMBERS RECORDED PURSUANT TO HOUSE
                                            Deutch (Rice                               (Franklin, C.    Meeks              Sánchez
                                                                  (Lynch)                               Meng               Sarbanes              Wasserman               RESOLUTION 8, 117TH CONGRESS
                                              (NY))                                    Scott)
                                                                Lawson (FL)          Stewart (Curtis)   Mfume              Scanlon                 Schultz        Allred (Davids      Green (TN)           Moulton
                                            Fletcher (Kuster)     (Evans)                                                                        Waters
                                                                                     Vargas (Correa)    Moore (WI)         Schakowsky                               (KS))               (Timmons)            (Trahan)
                                            Frankel, Lois       Lieu (Beyer)                                                                     Watson Coleman
                                                                                     Vela (Gomez)       Morelle            Schiff                                 Amodei              Green, Al (TX)       Mullin (Lucas)
                                              (Clark (MA))      Lofgren (Jeffries)                                                               Welch
                                                                                     Waltz (Donalds)    Moulton            Schneider                                (Balderson)         (Perlmutter)       Napolitano
                                            Gaetz (Franklin,    Long (Wagner)                                                                    Wexton
                                                                                     Wasserman          Mrvan              Schrader                               Banks (Walorski)    Grijalva (Garcı́a      (Correa)
                                              C. Scott)         Lowenthal                               Murphy (FL)        Schrier               Wild             Boebert               (IL))              Norman (Rice
                                            Garcia (TX)           (Beyer)              Schultz (Soto)
                                                                                                        Nadler             Scott (VA)            Williams (GA)      (McHenry)         Hastings               (SC))
                                              (Escobar)         McNerney             Watson Coleman
                                                                                                        Napolitano         Scott, David          Wilson (FL)      Bowman (Clark         (Cleaver)
                                            Gibbs (Bucshon)       (Eshoo)              (Pallone)                                                                                                           Nunes (Garcia
                                                                                                        Neal               Sewell                Yarmuth            (MA))             Hern (Lucas)
                                            Gonzalez,           Meng (Clark          Wilson (FL)                                                                                                             (CA))
                                                                                                                                                                  Brown (Mfume)       Himes
                                              Vincente            (MA))                (Hayes)                                                                                                             Palazzo
                                                                                                                             NAYS—210                             Buchanan              (Courtney)
                                              (Gomez)           Moore (WI)           Young                                                                                            Issa (Valadao)         (Fleischmann)
                                            Gosar (Herrell)       (Beyer)              (Malliotakis)    Aderholt           Fortenberry           Lamborn            (Donalds)                              Payne (Pallone)
                                                                                                                                                                  Budd (McHenry)      Jackson (Nehls)
                                                                                                        Allen              Foxx                  Latta                                Jackson Lee          Pingree (Kuster)
                                               The SPEAKER pro tempore. The                             Amodei             Franklin, C.          LaTurner         Calvert (Garcia                          Porter (Wexton)
                                                                                                                                                                                        (Butterfield)
                                            question is on the resolution.                              Armstrong            Scott               Lesko              (CA))                                  Reed (Arrington)
                                                                                                                                                                                      Kelly (IL)
                                                                                                        Arrington          Fulcher               Long             Cárdenas                                Rodgers (WA)
                                               The question was taken; and the                          Babin              Gaetz                 Loudermilk         (Gomez)
                                                                                                                                                                                        (Kuster)
                                                                                                                                                                                      Kelly (PA)             (Herrera
                                            Speaker pro tempore announced that                          Bacon              Gallagher             Lucas            Carter (TX)
                                                                                                                                                                                        (Keller)             Beutler)
                                            the ayes appeared to have it.                               Baird              Garbarino             Luetkemeyer        (Nehls)
                                                                                                                                                                                      Kirkpatrick          Roybal-Allard
                                                                                                        Balderson          Garcia (CA)           Mace             Cawthorn
                                               Mr. BURGESS. Madam Speaker, on                                                                                       (McHenry)
                                                                                                                                                                                        (Stanton)            (Bass)
                                                                                                        Banks              Gibbs                 Malliotakis                          Krishnamoorthi
                                            that I demand the yeas and nays.                            Barr               Gimenez               Mann             DeSaulnier
                                                                                                                                                                                                           Ruiz (Aguilar)
                                                                                                                                                                                        (Clark (MA))       Rush
                                               The SPEAKER pro tempore. Pursu-                          Bentz              Gohmert               Massie             (Matsui)          LaHood (Smith          (Underwood)
                                            ant to section 3(s) of House Resolution                     Bergman            Gonzales, Tony        Mast             DesJarlais            (NE))
                                                                                                        Bice (OK)          Gonzalez (OH)         McCarthy           (Fleischmann)                          Steube
                                            8, the yeas and nays are ordered.                                                                                                         Langevin               (Franklin, C.
                                                                                                        Biggs              Good (VA)             McCaul           Deutch (Rice          (Lynch)
                                               The vote was taken by electronic de-                     Bilirakis          Gooden (TX)           McClain            (NY))                                    Scott)
                                                                                                                                                                                      Lawson (FL)          Stewart (Curtis)
                                            vice, and there were—yeas 219, nays                         Bishop (NC)        Gosar                 McClintock       Fletcher (Kuster)     (Evans)
                                                                                                        Boebert            Granger               McHenry          Frankel, Lois                            Vargas (Correa)
                                            210, not voting 2, as follows:                              Brady              Graves (LA)           McKinley
                                                                                                                                                                                      Lieu (Beyer)
                                                                                                                                                                                                           Vela (Gomez)
                                                                                                                                                                    (Clark (MA))      Lofgren (Jeffries)
                                                                 [Roll No. 47]                          Brooks             Graves (MO)           Meijer           Gaetz (Franklin,    Long (Wagner)        Waltz (Donalds)
                                                                                                        Buchanan           Green (TN)            Meuser             C. Scott)         Lowenthal            Wasserman
                                                                  YEAS—219                              Buck               Greene (GA)           Miller (IL)      Garcia (TX)           (Beyer)              Schultz (Soto)
                                            Adams               Clyburn              Garcia (TX)        Bucshon            Griffith              Miller (WV)        (Escobar)         McNerney             Watson Coleman
                                            Aguilar             Cohen                Golden             Budd               Grothman              Miller-Meeks     Gibbs (Bucshon)       (Eshoo)              (Pallone)
                                            Allred              Connolly             Gomez              Burchett           Guest                 Moolenaar        Gonzalez,           Meng (Clark          Wilson (FL)
                                            Auchincloss         Cooper               Gonzalez,          Burgess            Guthrie               Mooney             Vincente            (MA))                (Hayes)
                                            Axne                Correa                 Vicente          Calvert            Hagedorn              Moore (AL)         (Gomez)           Moore (WI)           Young
                                            Barragán           Costa                Gottheimer         Cammack            Harris                Moore (UT)       Gosar (Herrell)       (Beyer)              (Malliotakis)
                                            Bass                Courtney             Green, Al (TX)     Carl               Harshbarger           Mullin
                                            Beatty              Craig                Grijalva           Carter (GA)        Hartzler              Murphy (NC)                          f
                                            Bera                Crist                Haaland            Carter (TX)        Hern                  Nehls
                                            Beyer               Crow                 Harder (CA)        Cawthorn           Herrell               Newhouse          AMERICAN RESCUE PLAN ACT OF
                                            Bishop (GA)         Cuellar              Hastings           Chabot             Herrera Beutler       Norman                              2021
                                            Blumenauer          Davids (KS)          Hayes              Cheney             Hice (GA)             Nunes
                                            Blunt Rochester     Davis, Danny K.      Higgins (NY)       Cline              Higgins (LA)          Obernolte          The SPEAKER pro tempore (Mr.
                                            Bonamici            Dean                 Himes              Cloud              Hill                  Owens            CUELLAR). Pursuant to House Resolu-
                                            Bourdeaux           DeFazio              Horsford           Clyde              Hinson                Palazzo          tion 166, the House will proceed to the
                                            Bowman              DeGette              Houlahan           Cole               Hollingsworth         Palmer
                                            Boyle, Brendan      DeLauro              Hoyer              Comer              Hudson                Pence
                                                                                                                                                                  immediate consideration of the bill
                                              F.                DelBene              Huffman            Crawford           Huizenga              Perry            (H.R. 1319) to provide for reconciliation
                                            Brown               Delgado              Jackson Lee        Crenshaw           Issa                  Pfluger          pursuant to title II of S. Con. Res. 5.
                                            Brownley            Demings              Jacobs (CA)        Curtis             Jackson               Posey              The Clerk read the title of the bill.
                                            Bush                DeSaulnier           Jayapal            Davidson           Jacobs (NY)           Reed
                                            Bustos              Deutch               Jeffries           Davis, Rodney      Johnson (LA)          Reschenthaler
                                                                                                                                                                    The SPEAKER pro tempore. Pursu-
                                            Butterfield         Dingell              Johnson (GA)       DesJarlais         Johnson (OH)          Rice (SC)        ant to House Resolution 166, an amend-
                                            Carbajal            Doggett              Johnson (TX)       Diaz-Balart        Johnson (SD)          Rodgers (WA)     ment printed in House Report 117–8 is
                                            Cárdenas           Doyle, Michael       Jones              Donalds            Jordan                Rogers (AL)      adopted and the bill, as amended, is
                                            Carson                F.                 Kahele             Duncan             Joyce (OH)            Rogers (KY)
                                            Cartwright          Escobar              Kaptur             Dunn               Joyce (PA)            Rose             considered read.
                                            Case                Eshoo                Keating            Emmer              Katko                 Rosendale          The text of the bill, as amended, is as
                                            Casten              Espaillat            Kelly (IL)         Estes              Keller                Rouzer           follows:




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                                            Castor (FL)         Evans                Khanna             Fallon             Kelly (MS)            Roy
                                            Castro (TX)         Fletcher             Kildee             Feenstra           Kelly (PA)            Rutherford                              H.R. 1319
                                            Chu                 Foster               Kilmer             Ferguson           Kim (CA)              Salazar                           f
                                            Cicilline           Frankel, Lois        Kim (NJ)           Fischbach          Kinzinger             Scalise
                                            Clark (MA)          Fudge                Kind               Fitzgerald         Kustoff               Schweikert         Be it enacted by the Senate and House of Rep-
                                            Clarke (NY)         Garamendi            Kirkpatrick        Fitzpatrick        LaHood                Scott, Austin    resentatives of the United States of America in
                                            Cleaver             Garcı́a (IL)         Krishnamoorthi     Fleischmann        LaMalfa               Sessions         Congress assembled,




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                                            H774                                              CONGRESSIONAL RECORD — HOUSE                                                      February 26, 2021
                                            SECTION 1. SHORT TITLE.                                 Sec. 2203. Child Care and Development Block            Sec. 3056. Funding for community-based fund-
                                              This Act may be cited as the ‘‘American Res-                        Grant Program.                                        ing for local substance use dis-
                                            cue Plan Act of 2021’’.                                 Sec. 2204. Child Care Stabilization.                                order services.
                                            SEC. 2. TABLE OF CONTENTS.                              Sec. 2205. Head Start.                                 Sec. 3057. Funding for community-based fund-
                                              The table of contents for this Act is as follows:     Sec. 2206. Programs for survivors.                                  ing for local behavioral health
                                                                                                    Sec. 2207. Child abuse prevention and treat-                        needs.
                                            Sec. 1. Short title.
                                                                                                                  ment.                                    Sec. 3058. Funding for the National Child Trau-
                                            Sec. 2. Table of contents.
                                                                                                    Sec. 2210. Corporation for National and Com-                        matic Stress Network.
                                             TITLE I—COMMITTEE ON AGRICULTURE                                     munity Service and the National          Sec. 3059. Funding for Project AWARE.
                                                         Subtitle A—Agriculture                                   Service Trust.                           Sec. 3059A. Funding for youth suicide preven-
                                            Sec. 1001. Food supply chain and agriculture            Subtitle D—Child Nutrition & Related Programs                       tion.
                                                           pandemic response.                       Sec. 2301. Improvements to WIC benefits.               Sec. 3059B. Funding for behavioral health
                                            Sec. 1002. Emergency rural development grants           Sec. 2302. WIC program modernization.                               workforce education and training.
                                                           for rural health care.                   Sec. 2303. Meals and supplements reimburse-                   CHAPTER 7—EXCHANGE GRANT PROGRAM
                                            Sec. 1003. Pandemic program administration                            ments for individuals who have
                                                           funds.                                                 not attained the age of 25.              Sec. 3061. Establishing a grant program for Ex-
                                            Sec. 1004. Funding for the USDA Office of In-           Sec. 2304. Pandemic EBT program.                                     change modernization.
                                                           spector General for oversight of           Subtitle E—COBRA Continuation Coverage                              Subtitle B—Medicaid
                                                           COVID—19-related programs.                                                                      Sec. 3101. Mandatory coverage of COVID–19
                                            Sec. 1005. Farm loan assistance for socially dis-       Sec. 2401. Preserving health benefits for work-
                                                                                                                  ers.                                                   vaccines and administration and
                                                           advantaged farmers and ranchers.                                                                              treatment under Medicaid.
                                            Sec. 1006. USDA assistance and support for so-           TITLE III—COMMITTEE ON ENERGY AND
                                                                                                                      COMMERCE                             Sec. 3102. Modifications to certain coverage
                                                           cially    disadvantaged    farmers,
                                                                                                                                                                         under Medicaid for pregnant and
                                                           ranchers, forest land owners and                     Subtitle A—Public Health                                 postpartum women.
                                                           operators, and groups.                      CHAPTER 1—VACCINES AND THERAPEUTICS                 Sec. 3103. State Option to Provide Qualifying
                                            Sec. 1007. Use of the Commodity Credit Cor-
                                                                                                    Sec. 3001. Funding for COVID–19 vaccine ac-                          Community-Based Mobile Crisis
                                                           poration for commodities and as-
                                                                                                                  tivities at the centers for disease                    Intervention Services.
                                                           sociated expenses..
                                                                                                                  control and prevention.                  Sec. 3104. Temporary increase in FMAP for
                                                          Subtitle B—Nutrition                      Sec. 3002. Funding for vaccine confidence ac-                        medical assistance under State
                                            Sec. 1111. Supplemental nutrition assistance                          tivities.                                              Medicaid plans which begin to ex-
                                                           program.                                 Sec. 3003. Funding for supply chain for                              pend amounts for certain manda-
                                            Sec. 1112. Additional assistance for SNAP on-                         COVID–19 vaccines, therapeutics,                       tory individuals.
                                                           line purchasing and technology                         and medical supplies.                    Sec. 3105. Extension of 100 percent Federal med-
                                                           improvements.                            Sec. 3004. Funding for COVID–19 vaccine,                             ical assistance percentage to
                                            Sec. 1113. Additional funding for nutrition as-                       therapeutic, and device activities                     Urban Indian Health Organiza-
                                                           sistance programs.                                     at the Food and Drug Administra-                       tions and Native Hawaiian Health
                                            Sec. 1114. Commodity supplemental food pro-                           tion.                                                  Care Systems.
                                                           gram.                                                  CHAPTER 2—TESTING                        Sec. 3106. Sunset of limit on maximum rebate
                                              TITLE II—COMMITTEE ON EDUCATION                       Sec. 3011. Funding for COVID–19 testing, con-                        amount for single source drugs
                                                               AND LABOR                                          tact tracing, and mitigation ac-                       and innovator multiple source
                                                     Subtitle A—Education Matters                                 tivities.                                              drugs.
                                                                                                    Sec. 3012. Funding for SARS–CoV–2 genomic se-          Sec. 3107. Additional support for Medicaid
                                                  PART 1—DEPARTMENT OF EDUCATION
                                                                                                                  quencing and surveillance.                             home and community-based serv-
                                            Sec. 2001. Elementary and secondary school                                                                                   ices during the COVID–19 emer-
                                                                                                    Sec. 3013. Funding for global health.
                                                           emergency relief fund.                                                                                        gency.
                                                                                                    Sec. 3014. Funding for data modernization and
                                            Sec. 2002. Higher education emergency relief                                                                   Sec. 3108. Funding for State strike teams for
                                                                                                                  forecasting center.
                                                           fund.                                                                                                         resident and employee safety in
                                            Sec. 2003. Maintenance of effort and mainte-                CHAPTER 3—PUBLIC HEALTH WORKFORCE
                                                                                                                                                                         nursing facilities.
                                                           nance of equity.                         Sec. 3021. Funding for public health workforce.
                                                                                                                                                           Sec. 3109. Special Rule for the Period of a De-
                                            Sec. 2004. Outlying areas.                              Sec. 3022. Funding for Medical Reserve Corps.
                                                                                                                                                                         clared Public Health Emergency
                                            Sec. 2005. Bureau of Indian Education.                     CHAPTER 4—PUBLIC HEALTH INVESTMENTS                               Related to Coronavirus.
                                            Sec. 2006. Gallaudet University.
                                                                                                    Sec. 3031. Funding for community health cen-               Subtitle C—Children’s Health Insurance
                                            Sec. 2007. Student aid administration.
                                                                                                                  ters and community care.                                     Program
                                            Sec. 2008. Howard University.
                                                                                                    Sec. 3032. Funding for National Health Service
                                            Sec. 2009. National Technical Institute for the                                                                Sec. 3201. Mandatory coverage of COVID–19
                                                                                                                  Corps.
                                                           Deaf.                                                                                                         vaccines and administration and
                                                                                                    Sec. 3033. Funding for Nurse Corps.
                                            Sec. 2010. Institute of Education Sciences.                                                                                  treatment under CHIP.
                                                                                                    Sec. 3034. Funding for teaching health centers
                                            Sec. 2011. Program administration.                                                                             Sec. 3202. Modifications to certain coverage
                                                                                                                  that operate graduate medical
                                            Sec. 2012. Office of inspector general.                                                                                      under CHIP for pregnant and
                                                                                                                  education.
                                            Sec. 2013. Modification of revenue requirements                                                                              postpartum women.
                                                                                                    Sec. 3035. Funding for family planning.
                                                           for proprietary institutions of
                                                                                                    Sec. 3036. Funding for Office of Inspector Gen-                  Subtitle D—Other Provisions
                                                           higher education.
                                                                                                                  eral.                                    CHAPTER 1—ENSURING ENVIRONMENTAL HEALTH
                                                         PART 2—MISCELLANEOUS
                                                                                                               CHAPTER 5—INDIAN HEALTH                       AND RATEPAYER PROTECTION DURING THE
                                            Sec. 2021. National endowment for the arts.                                                                      PANDEMIC
                                                                                                    Sec. 3041. Funding for Indian health.
                                            Sec. 2022. National endowment for the human-
                                                                                                     CHAPTER 6—MENTAL HEALTH AND SUBSTANCE                 Sec. 3301. Funding for pollution and disparate
                                                           ities.
                                                                                                                      USE DISORDER                                       impacts of the COVID–19 pan-
                                            Sec. 2023. Institute of museum and library serv-
                                                                                                    Sec. 3051. Funding for block grants for commu-                       demic.
                                                           ices.
                                            Sec. 2024. COVID-19 response resources for the                        nity mental health services.             Sec. 3302. Funding for LIHEAP.
                                                           preservation and maintenance of          Sec. 3052. Funding for block grants for preven-        Sec. 3303. Funding for water assistance pro-
                                                           Native American languages.                             tion and treatment of substance                        gram.
                                                        Subtitle B—Labor Matters                                  abuse.                                   CHAPTER 2—DISTANCE LEARNING AND CONSUMER
                                                                                                    Sec. 3053. Funding for mental and behavioral            PROTECTION DURING THE COVID–19 PANDEMIC
                                            Sec. 2101. Raising the Federal minimum wage.
                                                                                                                  health training for health care          Sec. 3311. Funding for consumer product safety
                                            Sec. 2102. Funding for Department of Labor
                                                                                                                  professionals, paraprofessionals,                      fund to protect consumers from
                                                           Worker Protection Activities.
                                                                                                                  and public safety officers.                            potentially dangerous products
                                            Sec. 2103. Eligibility for workers’ compensation
                                                                                                    Sec. 3054. Funding for education and aware-                          related to COVID–19.
                                                           benefits for Federal employees di-
                                                                                                                  ness      campaign     encouraging       Sec. 3312. Funding for E-Rate support for emer-
                                                           agnosed with COVID–19.
                                                                                                                  healthy work conditions and use                        gency educational connections
                                            Sec. 2104. Compensation       pursuant    to    the
                                                                                                                  of mental and behavioral health




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                                                           Longshore and Harbor Workers’                                                                                 and devices.
                                                                                                                  services by health care profes-
                                                           Compensation Act.                                                                               CHAPTER 3—OVERSIGHT OF DEPARTMENT OF
                                                                                                                  sionals.
                                              Subtitle C—Human Services and Community               Sec. 3055. Funding for grants for health care            COMMERCE PREVENTION AND RESPONSE TO
                                                                  Supports                                        providers to promote mental and            COVID–19
                                            Sec. 2202. Supporting older Americans and their                       behavioral health among their            Sec. 3321. Funding for Department of Commerce
                                                           families.                                              health professional workforce.                         Inspector General.




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                                            February 26, 2021                                 CONGRESSIONAL RECORD — HOUSE                                                                          H775
                                               TITLE IV—COMMITTEE ON FINANCIAL                      Sec. 7204. Railroad Retirement Board and Of-              Subtitle F—Preserving Health Benefits for
                                                                 SERVICES                                          fice of the Inspector General                                 Workers
                                               Subtitle A—Defense Production Act of 1950                           funding.                                Sec. 9500. Preserving health benefits for work-
                                            Sec. 4001. COVID–19 emergency medical sup-               TITLE VIII—COMMITTEE ON VETERANS’                                    ers.
                                                           plies enhancement.                                            AFFAIRS                               Subtitle G—Promoting Economic Security
                                                      Subtitle B—Housing Provisions                 Sec. 8001. Funding for claims and appeals proc-              PART 1—2021 RECOVERY REBATES TO
                                                                                                                   essing.                                                     INDIVIDUALS
                                            Sec. 4101. Emergency rental assistance.
                                                                                                    Sec. 8002. Funding availability for medical care       Sec. 9601. 2021 recovery rebates to individuals.
                                            Sec. 4102. Emergency housing vouchers.
                                                                                                                   and health needs.
                                            Sec. 4103. Emergency assistance for rural hous-                                                                           PART 2—CHILD TAX CREDIT
                                                                                                    Sec. 8003. Funding for supply chain moderniza-
                                                           ing.                                                    tion.                                   Sec. 9611. Child tax credit improvements for
                                            Sec. 4104. Housing assistance and supportive            Sec. 8004. Funding for state homes.                                   2021.
                                                           services programs for Native             Sec. 8005. Funding for the Department of Vet-          Sec. 9612. Application of child tax credit in pos-
                                                           Americans.                                              erans Affairs office of inspector                      sessions.
                                            Sec. 4105. Housing counseling.                                         general.                                      PART 3—EARNED INCOME TAX CREDIT
                                            Sec. 4106. Homelessness assistance and sup-             Sec. 8006. Covid–19 veteran rapid retraining as-       Sec. 9621. Strengthening the earned income tax
                                                           portive services program.                               sistance program.                                      credit for individuals with no
                                            Sec. 4107. Homeowner Assistance Fund.                   Sec. 8007. Prohibition on copayments and cost                         qualifying children.
                                            Sec. 4108. Relief measures for section 502 and                         sharing for veterans during emer-       Sec. 9622. Taxpayer eligible for childless earned
                                                           504 direct loan borrowers.                              gency relating to COVID–19.                            income credit in case of qualifying
                                            Sec. 4109 Fair housing activities.                      Sec. 8008. Emergency Department of Veterans                           children who fail to meet certain
                                                   Subtitle C—Small Business (SSBCI)                               Affairs Employee Leave Fund.                           identification requirements.
                                            Sec. 4201. State Small Business Credit Initia-             TITLE IX—COMMITTEE ON WAYS AND                      Sec. 9623. Credit allowed in case of certain sep-
                                                           tive.                                                          MEANS                                           arated spouses.
                                                                                                                                                           Sec. 9624. Modification of disqualified invest-
                                                            Subtitle D—Airlines                        Subtitle A—Crisis Support for Unemployed
                                                                                                                                                                          ment income test.
                                            Sec. 4301. Air Transportation Payroll Support                                 Workers                          Sec. 9625. Application of earned income tax
                                                           Program Extension.                              PART 1—EXTENSION OF CARES ACT                                  credit in possessions of the United
                                            TITLE V—COMMITTEE ON OVERSIGHT AND                                 UNEMPLOYMENT PROVISIONS                                    States.
                                                                 REFORM                             Sec. 9011. Extension of pandemic unemployment          Sec. 9626. Temporary special rule for deter-
                                             Subtitle A—Coronavirus State and Local Fiscal                         assistance.                                            mining earned income for pur-
                                                              Recovery Funds                        Sec. 9012. Extension of emergency unemploy-                           poses of earned income tax credit.
                                                                                                                   ment relief for governmental enti-           PART 4—DEPENDENT CARE ASSISTANCE
                                            Sec. 5001. Coronavirus State and Local Fiscal
                                                                                                                   ties and nonprofit organizations.       Sec. 9631. Refundability and enhancement of
                                                           Recovery Funds.                          Sec. 9013. Extension of Federal Pandemic Un-                          child and dependent care tax
                                                        Subtitle B—Other Matters                                   employment Compensation.                               credit.
                                            Sec. 5111. Emergency Federal Employee Leave             Sec. 9014. Extension of full Federal funding of        Sec. 9632. Increase in exclusion for employer-
                                                           Fund.                                                   the first week of compensable reg-                     provided dependent care assist-
                                            Sec. 5112. Funding for the Government Ac-                              ular unemployment for States                           ance.
                                                           countability Office.                                    with no waiting week.
                                                                                                                                                             PART 5—CREDITS FOR PAID SICK AND FAMILY
                                            Sec. 5113. Pandemic Response Accountability             Sec. 9015. Extension of emergency State staffing
                                                                                                                                                                                  LEAVE
                                                           Committee funding availability.                         flexibility.
                                            Sec. 5114. Funding for the White House.                 Sec. 9016. Extension of Pandemic Emergency             Sec. 9641. Payroll credits.
                                                                                                                   Unemployment Compensation.              Sec. 9642. Credit for sick leave for certain self-
                                                 TITLE VI—COMMITTEE ON SMALL                                                                                              employed individuals.
                                                                                                    Sec. 9017. Extension of temporary financing of
                                                                 BUSINESS                                                                                  Sec. 9643. Credit for family leave for certain
                                                                                                                   short-time    compensation    pay-
                                            Sec. 6001. Modifications to paycheck protection                        ments in States with programs in                       self-employed individuals.
                                                           program.                                                law.                                         PART 6—EMPLOYEE RETENTION CREDIT
                                            Sec. 6002. Targeted EIDL advance.                       Sec. 9018. Extension of temporary financing of         Sec. 9651. Extension of employee retention cred-
                                            Sec. 6003. Support for restaurants.                                    short-time compensation agree-                         it.
                                            Sec. 6004. Community navigator pilot program.                          ments for States without programs                PART 7—PREMIUM TAX CREDIT
                                            Sec. 6005. Shuttered venue operators.                                  in law.
                                            Sec. 6006. Direct appropriations.                                                                              Sec. 9661. Improving affordability by expanding
                                                                                                    PART 2—EXTENSION OF FFCRA UNEMPLOYMENT                                premium assistance for consumers.
                                                      TITLE VII—COMMITTEE ON                                            PROVISIONS                         Sec. 9662. Temporary modification of limitations
                                            TRANSPORTATION AND INFRASTRUCTURE                       Sec. 9021. Extension of temporary assistance for                      on reconciliation of tax credits for
                                             Subtitle A—Transportation and Infrastructure                          States with advances.                                  coverage under a qualified health
                                            Sec. 7001. Federal     Emergency     Management         Sec. 9022. Extension of full Federal funding of                       plan with advance payments of
                                                           Agency appropriation.                                   extended     unemployment     com-                     such credit.
                                            Sec. 7002. Funeral assistance.                                         pensation.                              Sec. 9663. Application of premium tax credit in
                                            Sec. 7003. Economic adjustment assistance.               PART 3—DEPARTMENT OF LABOR FUNDING FOR                               case of individuals receiving un-
                                            Sec. 7004. Great Lakes St. Lawrence Seaway               TIMELY, ACCURATE, AND EQUITABLE PAYMENT                              employment compensation during
                                                           Development Corporation oper-                                                                                  2021.
                                                                                                    Sec. 9031. Funding for administration.
                                                           ations and maintenance.                  Sec. 9032. Funding for fraud prevention, equi-               PART 8—MISCELLANEOUS PROVISIONS
                                            Sec. 7005. Grants to the National Railroad Pas-                        table access, and timely payment        Sec. 9671. Repeal of election to allocate interest,
                                                           senger Corporation.                                     to eligible workers.                                   etc. on worldwide basis.
                                            Sec. 7006. Federal      Transit    Administration                                                              Sec. 9672. Tax treatment of targeted EIDL ad-
                                                                                                     Subtitle B—Emergency Assistance to Families
                                                           grants.                                                                                                        vances.
                                                                                                            Through Home Visiting Programs                 Sec. 9673. Tax treatment of restaurant revital-
                                            Sec. 7007. Relief for airports.
                                            Sec. 7008. Emergency FAA Employee Leave                 Sec. 9101. Emergency assistance to families                           ization grants.
                                                           Fund.                                                   through home visiting programs.         Sec. 9674. Modification of exceptions for report-
                                                Subtitle B—Aviation Manufacturing Jobs               Subtitle C—Emergency Assistance to Children                          ing of third party network trans-
                                                                 Protection                                            and Families                                       actions.
                                                                                                    Sec. 9201. Pandemic Emergency Assistance.                            Subtitle H—Pensions
                                            Sec. 7101. Definitions.
                                            Sec. 7102. Payroll support program.                          Subtitle D—Elder Justice and Support              Sec. 9700. Temporary delay of designation of
                                                                                                                         Guarantee                                        multiemployer plans as in endan-
                                                Subtitle C—Continued Assistance to Rail
                                                                                                    Sec. 9301. Additional funding for aging and dis-                      gered, critical, or critical and de-
                                                                  Workers
                                                                                                                   ability services programs.                             clining status.
                                            Sec. 7201. Additional enhanced benefits under                                                                  Sec. 9701. Temporary extension of the funding
                                                           the Railroad Unemployment In-            Subtitle E—Support to Skilled Nursing Facilities                      improvement and rehabilitation
                                                           surance Act.                                         in Response to COVID–19                                   periods for multiemployer pension
                                            Sec. 7202. Extended      unemployment     benefits      Sec. 9401. Providing for infection control sup-                       plans in critical and endangered




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                                                           under the Railroad Unemploy-                            port to skilled nursing facilities                     status for 2020 or 2021.
                                                           ment Insurance Act.                                     through contracts with quality          Sec. 9702. Adjustments to funding standard ac-
                                            Sec. 7203. Extension of waiver of the 7-day                            improvement organizations.                             count rules.
                                                           waiting period for benefits under        Sec. 9402. Funding for strike teams for resident       Sec. 9703. Special financial assistance program
                                                           the Railroad Unemployment In-                           and employee safety in skilled                         for financially troubled multiem-
                                                           surance Act.                                            nursing facilities.                                    ployer plans.




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                                            H776                                              CONGRESSIONAL RECORD — HOUSE                                                       February 26, 2021
                                            Sec. 9704. Extended amortization for single em-         Act (21 U.S.C. 468), and section 24 of the Egg         of any money in the Treasury not otherwise ap-
                                                          ployer plans.                             Products Inspection Act (21 U.S.C. 1053), and          propriated, $47,500,000, to remain available until
                                            Sec. 9705. Extension of pension funding sta-            any regulations promulgated by the Department          expended, for necessary administrative expenses
                                                          bilization percentages for single         of Agriculture implementing such provisions of         associated with carrying out this subtitle.
                                                          employer plans.                           law and subject to the availability of funds           SEC. 1004. FUNDING FOR THE USDA OFFICE OF
                                            Sec. 9706. Modification of special rules for min-       under paragraph (3), the Secretary of Agri-                        INSPECTOR GENERAL FOR OVER-
                                                          imum funding standards for com-           culture shall reduce the amount of overtime in-                    SIGHT OF COVID—19-RELATED PRO-
                                                          munity newspaper plans.                   spection costs borne by federally-inspected small                  GRAMS.
                                            Sec. 9707. Cost of living adjustment freeze.            establishments and very small establishments             In addition to amounts otherwise made avail-
                                                   Subtitle I—Child Care for Workers                engaged in meat, poultry, or egg products proc-        able, there is appropriated to the Office of the
                                            Sec. 9801. Child care assistance.                       essing and subject to the requirements of the          Inspector General of the Department of Agri-
                                                                                                    Federal Meat Inspection Act (21 U.S.C. 601 et          culture for fiscal year 2021, out of any money in
                                                TITLE X—INTERNATIONAL AFFAIRS                       seq.), the Poultry Products Inspection Act (21         the Treasury not otherwise appropriated,
                                            Sec. 10001. Department of State operations.             U.S.C. 451 et seq.), or the Egg Products Inspec-       $2,500,000, to remain available until September
                                            Sec. 10002. United States Agency for Inter-             tion Act (21 U.S.C. 1031 et seq.), for inspection      30, 2022, for audits, investigations, and other
                                                          national Development operations.          activities carried out during the period of fiscal     oversight activities of projects and activities car-
                                            Sec. 10003. Global response.                            years 2021 through 2030.                               ried out with funds made available to the De-
                                            Sec. 10004. Humanitarian response.                        (3) FUNDING.—Out of the amounts made avail-          partment of Agriculture related to the COVID–
                                            Sec. 10005. Multilateral assistance.                    able under subsection (a), the Secretary shall         19 pandemic.
                                               TITLE XI—COMMITTEE ON NATURAL                        use $100,000,000 to carry out this subsection.         SEC. 1005. FARM LOAN ASSISTANCE FOR SO-
                                                               RESOURCES                            SEC. 1002. EMERGENCY RURAL DEVELOPMENT                            CIALLY DISADVANTAGED FARMERS
                                                                                                               GRANTS FOR RURAL HEALTH CARE.                          AND RANCHERS.
                                            Sec. 1101. Indian Affairs.
                                            Sec. 1102. United States Fish and Wildlife Serv-          (a) GRANTS.—The Secretary of Agriculture (in           (a) PAYMENTS.—
                                                          ice.                                      this section referred to as the ‘‘Secretary’’) shall     (1) APPROPRIATION.—In addition to amounts
                                                                                                    use the funds made available by this section to        otherwise available, there is appropriated to the
                                               TITLE XII—COMMITTEE ON SCIENCE,
                                                                                                    establish an emergency pilot program for rural         Secretary for fiscal year 2021, out of amounts in
                                                      SPACE, AND TECHNOLOGY
                                                                                                    development not later than 150 days after the          the Treasury not otherwise appropriated, such
                                            Sec. 12001. National Institute of Standards and         date of enactment of this Act to provide grants        sums as may be necessary, to remain available
                                                          Technology.                               to eligible applicants (as defined in section          until expended, for the cost of loan modifica-
                                            Sec. 12002. National Science Foundation.                3570.61(a) of title 7, Code of Federal Regula-         tions and payments under this section.
                                             TITLE I—COMMITTEE ON AGRICULTURE                       tions) to be awarded by the Secretary based on           (2) PAYMENTS.—The Secretary shall provide a
                                                        Subtitle A—Agriculture                      rural development needs related to the COVID–          payment in an amount equal to 120 percent of
                                            SEC.   1001.
                                                       FOOD SUPPLY CHAIN AND AGRI-                  19 pandemic.                                           the outstanding indebtedness of each socially
                                                       CULTURE PANDEMIC RESPONSE.                      (b) USES.—An eligible applicant to whom a           disadvantaged farmer or rancher as of January
                                              (a) APPROPRIATION.—In addition to amounts             grant is awarded under this section may use the        1, 2021, to pay off the loan directly or to the so-
                                            otherwise available, there is appropriated to the       grant funds for costs, including those incurred        cially disadvantaged farmer or rancher (or a
                                            Secretary of Agriculture for fiscal year 2021, out      prior to the issuance of the grant, as determined      combination of both), on each—
                                            of any money in the Treasury not otherwise ap-          by the Secretary, of facilities which primarily          (A) direct farm loan made by the Secretary to
                                            propriated, $4,000,000,000, to remain available         serve rural areas (as defined in section               the socially disadvantaged farmer or rancher;
                                            until expended, to carry out this section.              343(a)(13)(C) of the Consolidated Farm and             and
                                               (b) USE OF FUNDS.—The Secretary of Agri-             Rural Development Act (7 U.S.C. 1991(a)(13)(C)),         (B) farm loan guaranteed by the Secretary the
                                            culture shall use the amounts made available            which are located in a rural area, the median          borrower of which is the socially disadvantaged
                                            pursuant to subsection (a)—                             household income of the population to be served        farmer or rancher.
                                               (1) to purchase food and agricultural commod-        by which is less than the greater of the poverty         (b) DEFINITIONS.—In this section:
                                            ities;                                                  line or the applicable percentage (determined            (1) FARM LOAN.—The term ‘‘farm loan’’
                                               (2) to purchase and distribute agricultural          under section 3570.63(b) of title 7, Code of Fed-      means—
                                            commodities (including fresh produce, dairy,            eral Regulations) of the State nonmetropolitan           (A) a loan administered by the Farm Service
                                            eggs, and meat) to individuals in need, includ-         median household income, and for which the             Agency under subtitle A, B, or C of the Consoli-
                                            ing through delivery to nonprofit organizations         performance of any construction work com-              dated Farm and Rural Development Act (7
                                            and through restaurants and other food related          pleted with grant funds shall meet the condition       U.S.C. 1922 et seq.); and
                                            entities, as determined by the Secretary, that          set forth in section 9003(f) of the Farm Security        (B) a Commodity Credit Corporation Farm
                                            may receive, store, process, and distribute food        and Rural Investment Act of 2002 (7 U.S.C.             Storage Facility Loan.
                                            items;                                                  8103(f)), to—                                            (2) SECRETARY.—The term ‘‘Secretary’’ means
                                               (3) to make grants and loans for small or               (1) increase capacity for vaccine distribution;     the Secretary of Agriculture.
                                            midsized food processors or distributors, farmers          (2) provide medical supplies to increase med-         (3) SOCIALLY DISADVANTAGED FARMER OR
                                            markets, producers, or other organizations to re-       ical surge capacity;                                   RANCHER.—The term ‘‘socially disadvantaged
                                            spond to COVID–19, including for measures to               (3) reimburse for revenue lost during the           farmer or rancher’’ has the meaning given the
                                            protect workers against COVID–19; and                   COVID–19 pandemic, including revenue losses            term in section 2501(a) of the Food, Agriculture,
                                               (4) to make loans and grants and provide             incurred prior to the awarding of the grant;           Conservation, and Trade Act of 1990 (7 U.S.C.
                                            other assistance to maintain and improve food              (4) increase telehealth capabilities, including     2279(a)).
                                            and agricultural supply chain resiliency.               underlying health care information systems;            SEC. 1006. USDA ASSISTANCE AND SUPPORT FOR
                                               (c) ANIMAL HEALTH.—                                     (5) construct temporary or permanent struc-                     SOCIALLY DISADVANTAGED FARM-
                                               (1) COVID–19 ANIMAL SURVEILLANCE.—The                tures to provide health care services, including                   ERS, RANCHERS, FOREST LAND OWN-
                                            Secretary of Agriculture shall conduct moni-            vaccine administration or testing;                                 ERS AND OPERATORS, AND GROUPS.
                                            toring and surveillance of susceptible animals             (6) support staffing needs for vaccine adminis-       (a) APPROPRIATION.—In addition to amounts
                                            for incidence of SARS–CoV–2.                            tration or testing; and                                otherwise available, there is appropriated to the
                                               (2) GUIDANCE.—Activities conducted under                (7) engage in any other efforts to support          Secretary of Agriculture for fiscal year 2021, out
                                            paragraph (1) shall be consistent with guidance         rural development determined to be critical to         of any money in the Treasury not otherwise ap-
                                            provided by the World Organisation for Animal           address the COVID–19 pandemic, including nu-           propriated, $1,010,000,000, to remain available
                                            Health.                                                 tritional assistance to vulnerable individuals, as     until expended, to carry out this section.
                                               (3) FUNDING.—Out of the amounts made avail-          approved by the Secretary.                               (b) ASSISTANCE.—The Secretary of Agriculture
                                            able under subsection (a), the Secretary shall             (c) FUNDING.—In addition to amounts other-          shall use the amounts made available pursuant
                                            use $300,000,000 to carry out this subsection.          wise available, there is appropriated to the Sec-      to subsection (a)—
                                               (d) OVERTIME FEES.—                                  retary for fiscal year 2021, out of any money in         (1) to provide outreach, mediation, financial
                                               (1) SMALL ESTABLISHMENT; VERY SMALL ESTAB-           the Treasury not otherwise appropriated,               training, capacity building training, cooperative
                                            LISHMENT DEFINITIONS.—The terms ‘‘small estab-          $500,000,000, to remain available until September      development training and support, and other
                                            lishment’’ and ‘‘very small establishment’’ have        30, 2023, to carry out this section, of which not      technical assistance on issues concerning food,
                                            the meaning given those terms in the final rule         more than 3 percent may be used by the Sec-            agriculture, agricultural credit, agricultural ex-
                                            entitled ‘‘Pathogen Reduction; Hazard Analysis          retary for administrative purposes and not more        tension, rural development, or nutrition to so-
                                            and Critical Control Point (HACCP) Systems’’            than 2 percent may be used by the Secretary for        cially disadvantaged farmers, ranchers, or forest
                                            published in the Federal Register on July 25,           technical assistance as defined in section             landowners, or other members of socially dis-




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                                            1996 (61 Fed. Reg. 38806).                              306(a)(26) of the Consolidated Farm and Rural          advantaged groups;
                                               (2) OVERTIME INSPECTION COST REDUCTION.—             Development Act (7 U.S.C. 1926(a)(26)).                  (2) to provide grants and loans to improve
                                            Notwithstanding section 10703 of the Farm Secu-         SEC. 1003. PANDEMIC PROGRAM ADMINISTRA-                land access for socially disadvantaged farmers,
                                            rity and Rural Investment Act of 2002 (7 U.S.C.                    TION FUNDS.                                 ranchers, or forest landowners, including issues
                                            2219a), the Act of June 5, 1948 (21 U.S.C. 695),          In addition to amounts otherwise available,          related to heirs’ property in a manner as deter-
                                            section 25 of the Poultry Products Inspection           there are appropriated for fiscal year 2021, out       mined by the Secretary;




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                                            February 26, 2021                                 CONGRESSIONAL RECORD — HOUSE                                                                          H777
                                               (3) to support the development of agricultural                        Subtitle B—Nutrition                     ‘‘(a) COVID–19 RESPONSE FUNDING.—In addi-
                                            credit institutions that are designed to serve so-      SEC. 1111. SUPPLEMENTAL NUTRITION ASSIST-               tion’’; and
                                            cially disadvantaged groups, including other fi-                    ANCE PROGRAM.                                 (2) by adding at the end the following—
                                            nancing institutions funded by the Farm Credit            (a) VALUE OF BENEFITS.—Section 702(a) of di-            ‘‘(b) ADDITIONAL FUNDING.—In addition to
                                            System;                                                 vision N of the Consolidated Appropriations Act,        any other funds made available, there is appro-
                                               (4) to support the activities of one or more eq-     2021 (Public Law 116–260) is amended by striking        priated for fiscal year 2021, out of any money in
                                            uity commissions that will address racial equity        ‘‘June 30, 2021’’ and inserting ‘‘September 30,         the Treasury not otherwise appropriated,
                                            issues within the Department of Agriculture and         2021’’.                                                 $1,000,000,000 to remain available until Sep-
                                            its programs;                                              (b) SNAP ADMINISTRATIVE EXPENSES.—In addi-           tember 30, 2027, for the Secretary of Agriculture
                                               (5) to support the development of one or more        tion to amounts otherwise available, there is           to provide grants to the Commonwealth of
                                            legal centers focused on agricultural legal issues      hereby appropriated for fiscal year 2021, out of        Northern Mariana Islands, Puerto Rico, and
                                            of socially disadvantaged farmers, ranchers, or         any amounts in the Treasury not otherwise ap-           American Samoa for nutrition assistance, of
                                            forest landowners or other members of socially          propriated, $1,150,000,000, to remain available         which $30,000,000 shall be available to provide
                                            disadvantaged groups;                                   until September 30, 2023, with amounts to be ob-        grants to the Commonwealth of Northern Mar-
                                               (6) to support and supplement agricultural re-       ligated for each of fiscal years 2021, 2022, and        iana Islands for such assistance.’’.
                                            search, education, and extension, as well as                                                                    SEC. 1114. COMMODITY SUPPLEMENTAL FOOD
                                                                                                    2023, for the costs of State administrative ex-
                                            scholarships and programs that provide intern-                                                                             PROGRAM.
                                                                                                    penses associated with carrying out this section
                                            ships and pathways to Federal employment,                                                                         In addition to amounts otherwise made avail-
                                                                                                    and administering the supplemental nutrition
                                            at—                                                                                                             able, there is appropriated for fiscal year 2021,
                                                                                                    assistance program established under the Food
                                               (A) colleges or universities eligible to receive                                                             out of any money in the Treasury not otherwise
                                                                                                    and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.),
                                            funds under the Act of August 30, 1890 (com-                                                                    appropriated, $37,000,000, to remain available
                                                                                                    of which—
                                            monly known as the ‘‘Second Morrill Act’’) (7                                                                   until September 30, 2022, for activities author-
                                                                                                       (1) $15,000,000 shall be for necessary expenses
                                            U.S.C. 321 et seq.), including Tuskegee Univer-                                                                 ized by section 4(a) of the Agriculture and Con-
                                                                                                    of the Secretary of Agriculture (in this section
                                            sity;                                                                                                           sumer Protection Act of 1973 (7 U.S.C. 612c
                                                                                                    referred to as the ‘‘Secretary’’) for management
                                               (B) 1994 Institutions (as defined in section 532                                                             note).
                                                                                                    and oversight of the program; and
                                            of the Equity in Educational Land-Grant Status             (2) $1,135,000,000 shall be for the Secretary to        TITLE II—COMMITTEE ON EDUCATION
                                            Act of 1994 (7 U.S.C. 301 note; Public Law 103–         make grants to each State agency for each of                              AND LABOR
                                            382));                                                  fiscal years 2021 through 2023 as follows:                      Subtitle A—Education Matters
                                               (C) Alaska Native serving institutions and Na-          (A) 75 percent of the amounts available shall           PART 1—DEPARTMENT OF EDUCATION
                                            tive Hawaiian serving institutions eligible to re-      be allocated to States based on the share of each       SEC.    2001.ELEMENTARY AND SECONDARY
                                            ceive grants under subsections (a) and (b), re-         State of households that participate in the sup-                    SCHOOL EMERGENCY RELIEF FUND.
                                            spectively, of section 1419B of the National Agri-      plemental nutrition assistance program as re-             (a) IN GENERAL.—In addition to amounts oth-
                                            cultural Research, Extension, and Teaching              ported to the Department of Agriculture for the         erwise available through the Education Sta-
                                            Policy Act of 1977 (7 U.S.C. 3156);                     most recent 12-month period for which data are          bilization Fund, there is appropriated to the De-
                                               (D) Hispanic-serving institutions eligible to re-    available, adjusted by the Secretary (as of the         partment of Education for fiscal year 2021, out
                                            ceive grants under section 1455 of the National         date of the enactment of this Act) for participa-       of any money in the Treasury not otherwise ap-
                                            Agricultural Research, Extension, and Teaching          tion in disaster programs under section 5(h) of         propriated, $128,554,800,000, to remain available
                                            Policy Act of 1977 (7 U.S.C. 3241); and                 the Food and Nutrition Act of 2008 (7 U.S.C.            through September 30, 2023, to carry out this
                                               (E) the insular area institutions of higher          2014(h)); and                                           section.
                                            education located in the territories of the United         (B) 25 percent of the amounts available shall           (b) GRANTS.—From funds provided under sub-
                                            States, as referred to in section 1489 of the Na-       be allocated to States based on the increase in         section (a), the Secretary shall make grants to
                                            tional Agricultural Research, Extension, and            the number of households that participate in the        each State educational agency in accordance
                                            Teaching Policy Act of 1977 (7 U.S.C. 3361);            supplemental nutrition assistance program as            with this section.
                                               (7) to provide assistance to socially disadvan-      reported to the Department of Agriculture over             (c) ALLOCATIONS TO STATES.—The amount of
                                            taged farmers, ranchers, or forest landowners           the most recent 12-month period for which data          each grant under subsection (b) shall be allo-
                                            that are former farm loan borrowers that suf-           are available, adjusted by the Secretary (as of         cated by the Secretary to each State in the same
                                            fered related adverse actions or past discrimina-       the date of the enactment of this Act) for par-         proportion as each State received under part A
                                            tion or bias in Department of Agriculture pro-          ticipation in disaster programs under section           of title I of the Elementary and Secondary Edu-
                                            grams, as determined by the Secretary; and              5(h) of the Food and Nutrition Act of 2008 (7           cation Act of 1965 in the most recent fiscal year.
                                               (8) to establish pilot projects that focus on        U.S.C. 2014(h)).                                           (d) SUBGRANTS TO LOCAL EDUCATIONAL AGEN-
                                            land acquisition, financial planning, and credit        SEC. 1112. ADDITIONAL ASSISTANCE FOR SNAP               CIES.—Each State shall allocate not less than 90
                                            by providing technical and financial assistance                     ONLINE PURCHASING AND TECH-                 percent of the grant funds awarded to the State
                                            related to agricultural production or timber pro-                   NOLOGY IMPROVEMENTS.                        under this section as subgrants to local edu-
                                            duction on nonindustrial private forest land to           (a) FUNDING.—In addition to amounts other-            cational agencies (including charter schools
                                            socially disadvantaged farmers, ranchers, or for-       wise made available, there is appropriated for          that are local educational agencies) in the State
                                            est landowners, or other members of socially dis-       fiscal year 2021, out of any amounts in the             in proportion to the amount of funds such local
                                            advantaged groups.                                      Treasury not otherwise appropriated, $25,000,000        educational agencies and charter schools that
                                               (c) DEFINITIONS.—In this section:                    to remain available through September 30, 2026,         are local educational agencies received under
                                               (1) NONINDUSTRIAL PRIVATE FOREST LAND.—              to carry out this section.                              part A of title I of the Elementary and Sec-
                                            The term ‘‘nonindustrial private forest land’’             (b) USE OF FUNDS.—The Secretary of Agri-             ondary Education Act of 1965 in the most recent
                                            has the meaning given the term in section               culture may use the amounts made available              fiscal year.
                                            1201(a)(18) of the Food Security Act of 1985 (16        pursuant to subsection (a)—                                (e) USES OF FUNDS.—A local educational
                                            U.S.C. 3801(a)(18)).                                       (1) to make technological improvements to im-        agency that receives funds under this section—
                                                                                                    prove online purchasing in the supplemental                (1) shall reserve not less than 20 percent of
                                               (2) SOCIALLY DISADVANTAGED FARMER, RANCH-
                                                                                                    nutrition assistance program established under          such funds to address learning loss through the
                                            ER, OR FOREST LANDOWNER.—The term ‘‘socially
                                                                                                    the Food and Nutrition Act of 2008 (7 U.S.C.            implementation of evidence-based interventions,
                                            disadvantaged farmer, rancher, or forest land-
                                                                                                    2011 et seq.);                                          such as summer learning, extended day, com-
                                            owner’’ means a farmer, rancher, or owner or
                                                                                                       (2) to modernize electronic benefit transfer         prehensive afterschool programs, or extended
                                            operator of nonindustrial private forest land
                                                                                                    technology;                                             school year programs, and ensure that such
                                            who is a member of a socially disadvantaged
                                                                                                       (3) to support the mobile technologies dem-          interventions respond to students’ academic, so-
                                            group.
                                                                                                    onstration projects and the use of mobile tech-         cial, and emotional needs and address the dis-
                                               (3) SOCIALLY DISADVANTAGED GROUP.—The
                                                                                                    nologies authorized under section 7(h)(14) of the       proportionate impact of the coronavirus on the
                                            term ‘‘socially disadvantaged group’’ has the
                                                                                                    Food and Nutrition Act of 2008 (7 U.S.C.                student      subgroups   described   in    section
                                            meaning given the term in section 2501(a) of the
                                                                                                    2016(h)(14)); and                                       1111(b)(2)(xi) of the Elementary and Secondary
                                            Food, Agriculture, Conservation, and Trade Act
                                                                                                       (4) to provide technical assistance to educate       Education Act of 1965 (20 U.S.C. 6311(b)(2)(xi)),
                                            of 1990 (7 U.S.C. 2279(a)).
                                                                                                    retailers on the process and technical require-         students experiencing homelessness, and chil-
                                            SEC. 1007. USE OF THE COMMODITY CREDIT COR-                                                                     dren and youth in foster care; and
                                                        PORATION FOR COMMODITIES AND                ments for the online acceptance of the supple-
                                                                                                                                                               (2) shall use the remaining funds for any of
                                                        ASSOCIATED EXPENSES..                       mental nutrition assistance program benefits,
                                                                                                                                                            the following:
                                              In addition to amounts otherwise made avail-          for mobile payments, and for electronic benefit            (A) Any activity authorized by the Elemen-
                                            able, there are appropriated for fiscal year 2021,      transfer modernization initiatives.                     tary and Secondary Education Act of 1965.
                                            out of any money in the Treasury not otherwise          SEC. 1113. ADDITIONAL FUNDING FOR NUTRI-                   (B) Any activity authorized by the Individ-




dlhill on DSK120RN23PROD with House
                                            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-




dlhill on DSK120RN23PROD with House
                                            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




dlhill on DSK120RN23PROD with House
                                            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.—




                                      VerDate Sep 11 2014   13:53 Feb 27, 2021   Jkt 019060   PO 00000    Frm 00046   Fmt 0636   Sfmt 6333   E:\CR\FM\A26FE7.056   H26FEPT1
                                            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).




dlhill on DSK120RN23PROD with House
                                            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-




dlhill on DSK120RN23PROD with House
                                             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




dlhill on DSK120RN23PROD with House
                                               (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




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                                            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




dlhill on DSK120RN23PROD with House
                                            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




dlhill on DSK120RN23PROD with House
                                            seq.), and under section 106(a)(1) of the Housing       upon a finding that the waiver or alternative re-      housing pursuant to section 212(a) of the Cran-
                                            and Community Development Act of 1974 with              quirement is necessary to expedite or facilitate       ston-Gonzalez National Affordable Housing Act
                                            respect to Indian tribes (42 U.S.C. 5301 et seq.),      the use of amounts made available under this           (42 U.S.C. 12742(a)) (‘‘the Act’’ herein).
                                            which shall be made available as follows:               paragraph.                                                (3) Supportive services to qualifying individ-
                                              (1) HOUSING BLOCK GRANTS.—$455,000,000 shall             (3) TECHNICAL ASSISTANCE.—$10,000,000 shall         uals or families not already receiving such sup-
                                            be available for the Native American Housing            be used, without competition, to make new              portive services, including—




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                                            H798                                              CONGRESSIONAL RECORD — HOUSE                                                       February 26, 2021
                                               (A) activities listed in section 401(29) of the      tions pursuant to that same formula in fiscal          individual who is a socially disadvantaged indi-
                                            McKinney-Vento Homeless Assistance Act (42              year 2021, and shall make such allocations with-       vidual or an economically disadvantaged indi-
                                            U.S.C. 11360(29));                                      in 30 days of enactment of this Act.                   vidual, as such terms are defined, respectively,
                                               (B) housing counseling; and                            (2) TECHNICAL ASSISTANCE.—Up to $25,000,000          under section 8 of the Small Business Act (15
                                               (C) homeless prevention services.                    of the amounts made available under this sec-          U.S.C. 637) and the regulations thereunder.
                                               (4) The acquisition and development of non-          tion shall be used, without competition, to make          (8) STATE.—The term ‘‘State’’ means any State
                                            congregate shelter units, all or a portion of           new awards or increase prior awards to existing        of the United States, the District of Columbia,
                                            which may—                                              technical assistance providers to provide an im-       the Commonwealth of Puerto Rico, Guam,
                                               (A) be converted to permanent affordable             mediate increase in capacity building and tech-        American Samoa, the United States Virgin Is-
                                            housing;                                                nical assistance available to any grantees imple-      lands, and the Commonwealth of the Northern
                                               (B) be used as emergency shelter under sub-          menting activities or projects consistent with         Mariana Islands.
                                            title B of title IV of the McKinney-Vento Home-         this section.                                             (c) ESTABLISHMENT OF FUND.—
                                            less Assistance Act (42 U.S.C. 11371-11378);              (3) OTHER COSTS.—Up to $50,000,000 of the               (1) ESTABLISHMENT; QUALIFIED EXPENSES.—
                                               (C) be converted to permanent housing under          amounts made available under this section shall        There is established in the Department of the
                                            subtitle C of title IV of the McKinney-Vento            be used for the administrative costs to oversee        Treasury a Homeowner Assistance Fund to miti-
                                            Homeless Assistance Act (42 U.S.C. 11381-11389);        and administer implementation of this section          gate financial hardships associated with the
                                            or                                                      and the HOME program generally, including in-          coronavirus pandemic by providing such funds
                                               (D) remain as non-congregate shelter units.          formation technology, financial reporting, and         as are appropriated by subsection (a) to eligible
                                               (b) QUALIFYING INDIVIDUALS OR FAMILIES DE-           other costs.                                           entities for the purpose of preventing home-
                                            FINED.—For the purposes of this section, quali-           (4) WAIVERS OR ALTERNATIVE REQUIRE-                  owner mortgage delinquencies, defaults, fore-
                                            fying individuals or families are those who are—        MENTS.—The Secretary may waive or specify al-          closures, loss of utilities or home energy services,
                                               (1) homeless, as defined in section 103(a) of        ternative requirements for any provision of the        and displacements of homeowners experiencing
                                            the McKinney-Vento Homeless Assistance Act              Cranston-Gonzalez National Affordable Housing          financial hardship after January 21, 2020,
                                            (42 U.S.C. 11302(a));                                   Act (42 U.S.C. 12701 et seq.) and titles I and IV      through qualified expenses related to mortgages
                                               (2) at-risk of homelessness, as defined in sec-      of the McKinney-Vento Homelessness Act (42             and housing, which include—
                                            tion 401(1) of the McKinney-Vento Homeless As-          U.S.C. 11301 et seq., 11360 et seq.) or regulation        (A) mortgage payment assistance;
                                            sistance Act (42 U.S.C. 11360(1));                                                                                (B) financial assistance to allow a homeowner
                                                                                                    for the administration of the amounts made
                                               (3) fleeing, or attempting to flee, domestic vio-                                                           to reinstate a mortgage or to pay other housing
                                                                                                    available under this section other than require-
                                            lence, dating violence, sexual assault, stalking,                                                              related costs related to a period of forbearance,
                                                                                                    ments related to fair housing, nondiscrimina-
                                            or human trafficking, as defined by the Sec-                                                                   delinquency, or default;
                                                                                                    tion, labor standards, and the environment,               (C) principal reduction;
                                            retary;                                                 upon a finding that the waiver or alternative re-
                                               (4) in other populations where providing sup-                                                                  (D) facilitating interest rate reductions;
                                                                                                    quirement is necessary to expedite or facilitate          (E) payment assistance for—
                                            portive services or assistance under section
                                                                                                    the use of amounts made available under this              (i) utilities, including electric, gas, home en-
                                            212(a) of the Act (42 U.S.C. 12742(a)) would pre-
                                                                                                    section.                                               ergy, and water;
                                            vent the family’s homelessness or would serve
                                                                                                    SEC. 4107. HOMEOWNER ASSISTANCE FUND.                     (ii) internet service, including broadband
                                            those with the greatest risk of housing insta-
                                                                                                      (a) APPROPRIATION.—In addition to amounts            internet access service, as defined in section
                                            bility; or
                                                                                                    otherwise available, there is appropriated to the      8.1(b) of title 47, Code of Federal Regulations (or
                                               (5) veterans and families that include a vet-
                                                                                                    Secretary of the Treasury for the Homeowner            any successor regulation);
                                            eran family member that meet one of the pre-
                                                                                                    Assistance Fund established under subsection              (iii) homeowner’s insurance, flood insurance,
                                            ceding criteria.
                                                                                                    (c) for fiscal year 2021, out of any money in the      and mortgage insurance; and
                                               (c) TERMS AND CONDITIONS.—                                                                                     (iv) homeowner’s association, condominium
                                               (1) FUNDING RESTRICTIONS.—The cost limits in         Treasury       not     otherwise     appropriated,
                                                                                                    $9,961,000,000, to remain available until Sep-         association fees, or common charges;
                                            section 212(e) (42 U.S.C. 12742(e)), the commit-                                                                  (F) reimbursement of funds expended by a
                                            ment requirements in section 218(g) (42 U.S.C.          tember 30, 2025, for qualified expenses that meet
                                                                                                                                                           State, local government, or designated entity
                                            12748(g)), the matching requirements in section         the purposes specified under subsection (c) and
                                                                                                                                                           under subsection (e) during the period begin-
                                            220 (42 U.S.C. 12750), and the set-aside for hous-      expenses described in subsection (d)(1).
                                                                                                                                                           ning on January 21, 2020, and ending on the
                                            ing developed, sponsored, or owned by commu-               (b) DEFINITIONS.—In this section:
                                                                                                                                                           date that the first funds are disbursed by the el-
                                            nity housing development organizations re-                 (1) CONFORMING LOAN LIMIT.—The term ‘‘con-
                                                                                                                                                           igible entity under the Homeowner Assistance
                                            quired in section 231 of the Act (42 U.S.C. 12771)      forming loan limit’’ means the applicable limita-
                                                                                                                                                           Fund, for the purpose of providing housing or
                                            shall not apply for amounts made available in           tion governing the maximum original principal
                                                                                                                                                           utility payment assistance to individuals or oth-
                                            this section.                                           obligation of a mortgage secured by a single-
                                                                                                                                                           erwise providing funds to prevent foreclosure or
                                               (2) ADMINISTRATIVE COSTS.— Notwithstanding           family residence, a mortgage secured by a 2-fam-
                                                                                                                                                           eviction of a homeowner or tenant or prevent
                                            sections 212(c) and (d)(1) of the Act (42 U.S.C.        ily residence, a mortgage secured by a 3-family
                                                                                                                                                           mortgage delinquency or loss of housing or utili-
                                            12742(c) and (d)(1)), of the funds made available       residence, or a mortgage secured by a 4-family
                                                                                                                                                           ties as a response to the coronavirus disease
                                            in this section for carrying out activities author-     residence, as determined and adjusted annually
                                                                                                                                                           (COVID) pandemic; and
                                            ized in this section, a grantee may use up to fif-      under section 302(b)(2) of the Federal National
                                                                                                                                                              (G) any other assistance to promote housing
                                            teen percent of its allocation for administrative       Mortgage Association Charter Act (12 U.S.C.
                                                                                                                                                           stability for homeowners, including preventing
                                            and planning costs.                                     1717(b)(2)) and section 305(a)(2) of the Federal
                                                                                                                                                           eviction, mortgage delinquency or default, fore-
                                               (3) OPERATING EXPENSES.—Notwithstanding              Home Loan Mortgage Corporation Act (12
                                                                                                                                                           closure, or the loss of utility or home energy
                                            sections 212(a) and (g) of the Act (42 U.S.C.           U.S.C. 1454(a)(2)).
                                                                                                                                                           services, as determined by the Secretary.
                                            12742(a) and (g)), a grantee may use up to an              (2) DWELLING.—The term ‘‘dwelling’’ means              (2) TARGETING.—Not less than 60 percent of
                                            additional five percent of its allocation for the       any building, structure, or portion thereof            amounts made to each eligible entity allocated
                                            payment of operating expenses of community              which is occupied as, or designed or intended          amounts under subsection (d) or (f) shall be
                                            housing development organizations and non-              for occupancy as, a residence by one or more in-       used for qualified expenses that assist home-
                                            profit organizations carrying out activities au-        dividuals.                                             owners having incomes equal to or less than 100
                                            thorized under this section, but only if—                  (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti-      percent of the area median income for their
                                               (A) such funds are used to develop the capac-        ty’’ means—                                            household size or equal to or less than 100 per-
                                            ity of the community housing development orga-             (A) a State; or                                     cent of the median income for the United States,
                                            nization or nonprofit organization in the juris-           (B) any entity eligible for payment under sub-      as determined by the Secretary of Housing and
                                            diction or insular area to carry out activities         section (f).                                           Urban Development, whichever is greater. The
                                            authorized under this section; and                         (4) MORTGAGE.—The term ‘‘mortgage’’ means           eligible entity shall prioritize remaining funds to
                                               (B) the community housing development orga-          any credit transaction—                                socially and economically disadvantaged indi-
                                            nization or nonprofit organization complies with           (A) that is secured by a mortgage, deed of          viduals.
                                            the limitation on assistance in section 234(b) of       trust, or other consensual security interest on a         (d) ALLOCATION OF FUNDS.—
                                            the Act (42 U.S.C. 12774(b)).                           principal residence of a borrower that is (i) a 1-        (1) ADMINISTRATION.—Of any amounts made
                                               (4) CONTRACTING.—A grantee, when con-                to 4-unit dwelling, or (ii) residential real prop-     available under this section, the Secretary shall
                                            tracting with service providers engaged directly        erty that includes a 1- to 4-unit dwelling; and        reserve—
                                            in the provision of services under paragraph               (B) the unpaid principal balance of which              (A) to the Department of the Treasury, an
                                            (a)(3), shall, to the extent practicable, enter into    was, at the time of origination, not more than         amount not to exceed $40,000,000 to administer
                                            contracts in amounts that cover the actual total        the conforming loan limit.                             and oversee the Fund, and to provide technical
                                            program costs and administrative overhead to               (5) FUND.—The term ‘‘Fund’’ means the               assistance to eligible entities for the creation
                                            provide the services contracted.                        Homeowner Assistance Fund established under            and implementation of State and tribal pro-




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                                               (d) ALLOCATION.—                                     subsection (c).                                        grams to administer assistance from the Fund;
                                               (1) FORMULA ASSISTANCE.—Except as provided              (6) SECRETARY.—The term ‘‘Secretary’’ means         and
                                            in paragraphs (2) and (3), the Secretary shall          the Secretary of the Treasury.                            (B) to the Inspector General of the Depart-
                                            allocate amounts made available under this sec-            (7) SOCIALLY AND ECONOMICALLY DISADVAN-             ment of the Treasury, an amount to not exceed
                                            tion pursuant to section 217 of the Act (42             TAGED INDIVIDUAL.—The term ‘‘socially and eco-         $2,600,000 for oversight of the program under
                                            U.S.C. 12747) to grantees that received alloca-         nomically disadvantaged individual’’ means an          this section.




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                                            February 26, 2021                                 CONGRESSIONAL RECORD — HOUSE                                                                            H799
                                              (2) FOR STATES.—After the application of              priated under subsection (a), the Secretary shall          (cc) in subparagraph (A), by striking ‘‘The
                                            paragraphs (1), (4), and (5) of this subsection         use 5 percent to make payments to entities that         Secretary’’ and inserting ‘‘With respect to States
                                            and subject to paragraph (3) of this subsection,        are eligible for payments under clauses (i) and         other than Tribal governments, the Secretary’’;
                                            the Secretary shall allocate the remaining funds        (ii) of section 501(b)(2)(A) of subtitle A of title V      (dd) in subparagraph (C)(i), by striking
                                            available within the Homeowner Assistance               of division N of the Consolidated Appropriations        ‘‘2007’’ and inserting ‘‘2019’’; and
                                            Fund to each State of the United States, the            Act, 2021 (Public Law 116-260) for the purposes            (ee) by adding at the end the following:
                                            District of Columbia, and the Commonwealth of           described in subsection (c).                               ‘‘(C) SEPARATE ALLOCATION FOR TRIBAL GOV-
                                            Puerto Rico based on homeowner need, taking                (2) ALLOCATION AND PAYMENT.—The Secretary            ERNMENTS.—
                                            into consideration, for such State relative to all      shall allocate the funds set aside under para-             ‘‘(i) IN GENERAL.—With respect to States that
                                            States of the United States, the District of Co-        graph (1) using the allocation formulas de-             are Tribal governments, the Secretary shall de-
                                            lumbia, and the Commonwealth of Puerto Rico,                                                                    termine the 2021 allocation by allocating
                                                                                                    scribed in clauses (i) and (ii) of section
                                            as of the date of the enactment of this Act,                                                                    $500,000,000 among the Tribal governments in
                                                                                                    501(b)(2)(A) of subtitle A of title V of division N
                                            which is determined by—                                                                                         the proportion the Secretary determines appro-
                                                                                                    of the Consolidated Appropriations Act, 2021
                                              (A) the average number of unemployed indi-                                                                    priate, including with consideration to available
                                                                                                    (Public Law 116-260), and shall make payments
                                            viduals measured over a period of time not fewer                                                                employment and economic data regarding each
                                                                                                    of such amounts beginning no later than 45
                                            than 3 months and not more than 12 months;                                                                      such Tribal government.
                                                                                                    days after enactment of this Act to entities eligi-        ‘‘(ii) NOTICE OF INTENT; TIMING OF ALLOCA-
                                              (B) the total number of mortgagors with—              ble for payment under clauses (i) and (ii) of sec-
                                              (i) mortgage payments that are more than 30                                                                   TION.—With respect to allocations to States that
                                                                                                    tion 501(b)(2)(A) of subtitle A of title V of divi-     are Tribal governments, the Secretary may—
                                            days past due; or
                                                                                                    sion N of the Consolidated Appropriations Act,             ‘‘(I) require Tribal governments that individ-
                                              (ii) mortgages in foreclosure.
                                              (3) SMALL STATE MINIMUM.—                             2021 (Public Law 116-260) that notify the Sec-          ually or jointly wish to participate in the Pro-
                                              (A) IN GENERAL.—Each State of the United              retary that they request to receive payments al-        gram to file a notice of intent with the Secretary
                                            States, the District of Columbia, and the Com-          located from the Fund by the Secretary for pur-         not later than 30 days after the date of enact-
                                            monwealth of Puerto Rico shall receive no less          poses described under subsection (c) and will use       ment of subsection (d); and
                                            than $40,000,000 for the purposes established in        such payments in compliance with this section.             ‘‘(II) notwithstanding paragraph (1), allocate
                                            (c).                                                       (3) ADJUSTMENT.—Allocations provided under           Federal funds to participating Tribal govern-
                                              (B) PRO RATA ADJUSTMENTS.—The Secretary               this subsection may be further adjusted as pro-         ments not later than 60 days after the date of
                                            shall adjust on a pro rata basis the amount of          vided by section 501(b)(2)(B) of subtitle A of title    enactment of subsection (d).
                                            the payments for each State of the United               V of division N of the Consolidated Appropria-             ‘‘(D) EMPLOYMENT DATA.—If the Secretary de-
                                            States, the District of Columbia, and the Com-          tions Act, 2021 (Public Law 116-260).                   termines that employment data with respect to a
                                            monwealth of Puerto Rico determined under this          SEC. 4108. RELIEF MEASURES FOR SECTION 502              State is unavailable from the Bureau of Labor
                                            subsection without regard to this subparagraph                      AND 504 DIRECT LOAN BORROWERS.              Statistics of the Department of Labor, the Sec-
                                            to the extent necessary to comply with the re-            (a) APPROPRIATION.—In addition to amounts             retary shall consider such other economic and
                                            quirements of subparagraph (A).                         otherwise available, there is appropriated to the       employment data that is otherwise available for
                                              (4) TERRITORY SET-ASIDE.—Notwithstanding              Secretary of Agriculture for fiscal year 2021, out      purposes of determining the employment data of
                                            any other provision of this section, of the             of any money in the Treasury not otherwise ap-          such State.’’; and
                                            amounts appropriated under subsection (a), the          propriated, $39,000,000, to remain available until         (III) by striking paragraph (3); and
                                            Secretary shall reserve $30,000,000 to be dis-          September 30, 2023, for direct loans made under            (ii) in subsection (c)—
                                            bursed to Guam, American Samoa, the United              sections 502 and 504 of the Housing Act of 1949            (I) in paragraph (1)(A)(iii), by inserting before
                                            States Virgin Islands, and the Commonwealth of          (42 U.S.C. 1472, 1474).                                 the period the following: ‘‘that have delivered
                                            the Northern Mariana Islands based on each                (b) ADMINISTRATIVE EXPENSES.—The Sec-                 loans or investments to eligible businesses’’; and
                                            such territory’s share of the combined total pop-                                                                  (II) by amending paragraph (4) to read as fol-
                                                                                                    retary may use not more than 3 percent of the
                                            ulation of all such territories, as determined by                                                               lows:
                                                                                                    amounts appropriated under this section for ad-            ‘‘(4) TERMINATION OF AVAILABILITY OF
                                            the Secretary. For the purposes of this para-           ministrative purposes.                                  AMOUNTS NOT TRANSFERRED.—
                                            graph, population shall be determined based on          SEC. 4109 FAIR HOUSING ACTIVITIES.                         ‘‘(A) IN GENERAL.—Any portion of a partici-
                                            the most recent year for which data are avail-            (a) APPROPRIATION.—In addition to amounts             pating State’s allocated amount that has not
                                            able from the United States Census Bureau.              otherwise available, there is appropriated to the       been transferred to the State under this section
                                              (5) TRIBAL SET-ASIDE.—The Secretary shall al-         Secretary of Housing and Urban Development              may be deemed by the Secretary to be no longer
                                            locate funds to any eligible entity designated          (in this section referred to as the ‘‘Secretary’’)      allocated to the State and no longer available to
                                            under subsection (f) pursuant to the require-           for fiscal year 2021, out of any money in the           the State and shall be returned to the general
                                            ments of that subsection.                               Treasury      not     otherwise    appropriated,        fund of the Treasury or reallocated as described
                                              (e) DISTRIBUTION OF FUNDS TO STATES.—
                                              (1) IN GENERAL.—The Secretary shall make              $20,000,000, to remain available until September        under subparagraph (B), if—
                                                                                                    30, 2023, for the Fair Housing Initiatives Pro-            ‘‘(i) the second 1⁄3 of a State’s allocated
                                            payments, beginning not later than 45 days
                                                                                                    gram under section 561 of the Housing and Com-          amount has not been transferred to the State be-
                                            after enactment of this Act, from amounts allo-
                                                                                                    munity Development Act of 1987 (42 U.S.C.               fore the end of the end of the 3-year period be-
                                            cated under subsection (d) to eligible entities                                                                 ginning on the date that the Secretary approves
                                            that have notified the Secretary that they re-          3616a) to ensure fair housing organizations have
                                                                                                    additional resources to address fair housing in-        the State for participation; or
                                            quest to receive payment from the Fund and                                                                         ‘‘(ii) the last 1⁄3 of a State’s allocated amount
                                            that the eligible entity will use such payments         quiries, complaints, investigations, and edu-
                                                                                                    cation and outreach activities, during or relat-        has not been transferred to the State before the
                                            in compliance with this section.                                                                                end of the end of the 6-year period beginning on
                                              (2) REALLOCATION.—If a State does not re-             ing to the coronavirus pandemic.
                                                                                                      (b) ADMINISTRATIVE EXPENSES.—The Sec-                 the date that the Secretary approves the State
                                            quest allocated funds by the 45th day after the                                                                 for participation.
                                            date of enactment of this Act, such State shall         retary may use not more than 3 percent of the
                                                                                                    amounts appropriated under this section for ad-            ‘‘(B) REALLOCATION.—Any amount deemed by
                                            not be eligible for a payment from the Secretary                                                                the Secretary to be no longer allocated to a
                                            pursuant to this section, and the Secretary             ministrative purposes.
                                                                                                                                                            State and no longer available to such State
                                            shall, by the 180th day after the date of enact-              Subtitle C—Small Business (SSBCI)
                                                                                                                                                            under subparagraph (A) may be reallocated by
                                            ment of this Act, reallocate any funds that were        SEC. 4201. STATE SMALL BUSINESS CREDIT INI-             the Secretary to other participating States. In
                                            not requested by such State among the States                        TIATIVE.
                                                                                                                                                            making such a reallocation, the Secretary shall
                                            that have requested funds by the 45th day after           (a) STATE SMALL BUSINESS CREDIT INITIA-               not take into account the minimum allocation
                                            the date of enactment of this Act. For any such         TIVE.—                                                  requirements under subsection (b)(2)(B) or the
                                            reallocation of funds, the Secretary shall adhere         (1) IN GENERAL.—The State Small Business              specific allocation for Tribal governments de-
                                            to the requirements of subsection (d), except for       Credit Initiative Act of 2010 (12 U.S.C. 5701 et        scribed under subsection (b)(2)(C).’’;
                                            paragraph (1), to the greatest extent possible,         seq.) is amended—                                          (B) in section 3004(d), by striking ‘‘date of en-
                                            provided that the Secretary shall also take into          (A) in section 3003—                                  actment of this Act’’ each place it appears and
                                            consideration in determining such reallocation a          (i) in subsection (b)—                                inserting ‘‘date of the enactment of section
                                            State’s remaining need and a State’s record of            (I) by amending paragraph (1) to read as fol-         3003(d)’’;
                                            using payments from the Fund to serve home-             lows:                                                      (C) in section 3005(b), by striking ‘‘date of en-
                                            owners at disproportionate risk of mortgage de-           ‘‘(1) IN GENERAL.—Not later than 30 days after        actment of this Act’’ each place it appears and
                                            fault, foreclosure, or displacement, including          the date of enactment of subsection (d), the Sec-       inserting ‘‘date of the enactment of section
                                            homeowners having incomes equal to or less              retary shall allocate Federal funds to partici-         3003(d)’’;
                                            than 100 percent of the area median income for          pating States so that each State is eligible to re-        (D) in section 3006(b)(4), by striking ‘‘date of
                                            their household size or 100 percent of the median       ceive an amount equal to what the State would           enactment of this Act’’ and inserting ‘‘date of
                                            income for the United States, as determined by          receive under the 2021 allocation, as determined        the enactment of section 3003(d)’’;




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                                            the Secretary of Housing and Urban Develop-             under paragraph (2).’’;                                    (E) in section 3007(b), by striking ‘‘March 31,
                                            ment, whichever is greater, and minority home-            (II) in paragraph (2)—                                2011’’ and inserting ‘‘March 31, 2022’’;
                                            owners.                                                   (aa) by striking ‘‘2009’’ each place such term           (F) in section 3009, by striking ‘‘date of enact-
                                              (f) TRIBAL SET-ASIDE.—                                appears and inserting ‘‘2021’’;                         ment of this Act’’ each place it appears and in-
                                              (1) SET-ASIDE.—Notwithstanding any other                (bb) by striking ‘‘2008’’ each place such term        serting ‘‘date of the enactment of section
                                            provision of this section, of the amounts appro-        appears and inserting ‘‘2020’’;                         3003(d)’’; and




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                                            H800                                              CONGRESSIONAL RECORD — HOUSE                                                       February 26, 2021
                                              (G) in section 3011(b), by striking ‘‘date of the     from funds allocated under this section to be ex-      sult in predatory lending, as determined by the
                                            enactment of this Act’’ each place it appears           pended for very small businesses.                      Secretary.’’.
                                            and inserting ‘‘date of the enactment of section           ‘‘(2) VERY SMALL BUSINESS DEFINED.—In this             (h) INCLUSION OF TRIBAL GOVERNMENTS.—Sec-
                                            3003(d)’’.                                              subsection, the term ‘very small business’—            tion 3002(10) of the State Small Business Credit
                                              (2) APPROPRIATION.—                                      ‘‘(A) means a business with fewer than 10 em-       Initiative Act of 2010 (12 U.S.C. 5701(10)) is
                                              (A) IN GENERAL.—In addition to amounts oth-           ployees; and                                           amended—
                                            erwise available, there is hereby appropriated to          ‘‘(B) may include independent contractors              (1) in subparagraph (C), by striking ‘‘and’’ at
                                            the Secretary of the Treasury for fiscal year           and sole proprietors.’’.                               the end;
                                            2021, out of any money in the Treasury not oth-            (d) CDFI AND MDI PARTICIPATION PLAN.—                  (2) in subparagraph (D), by striking the pe-
                                            erwise appropriated, $10,000,000,000, to remain         Section 3004 of the State Small Business Credit        riod at the end and inserting ‘‘; and’’; and
                                            available until expended, to provide support to         Initiative Act of 2010 (12 U.S.C. 5703) is amended        (3) by adding at the end the following:
                                            small businesses responding to and recovering           by adding at the end the following:                       ‘‘(E) a Tribal government, or a group of Tribal
                                            from the economic effects of the COVID–19 pan-             ‘‘(e) CDFI AND MDI PARTICIPATION PLAN.—             governments that jointly apply for an alloca-
                                            demic, ensure business enterprises owned and            The Secretary may not approve a State to be a          tion.’’.
                                                                                                    participating State unless the State has pro-             (i) DEFINITIONS.—Section 3002 of the State
                                            controlled by socially and economically dis-
                                                                                                    vided the Secretary with a plan detailing how          Small Business Credit Initiative Act of 2010 (12
                                            advantaged individuals have access to credit
                                                                                                    minority depository institutions and community         U.S.C. 5701) is amended by adding at the end
                                            and investments, provide technical assistance to
                                                                                                    development financial institutions will be en-         the following:
                                            help small businesses applying for various sup-                                                                   ‘‘(15) BUSINESS ENTERPRISE OWNED AND CON-
                                            port programs, and to pay reasonable costs of           couraged to participate in State programs.’’.
                                                                                                                                                           TROLLED BY SOCIALLY AND ECONOMICALLY DIS-
                                            administering such Initiative.                             (e) PANDEMIC RESPONSE PLAN.—Section 3004
                                                                                                                                                           ADVANTAGED INDIVIDUALS.—The term ‘business
                                              (B) RESCISSION.—With respect to amounts ap-           of the State Small Business Credit Initiative Act
                                                                                                                                                           enterprise owned and controlled by socially and
                                            propriated under subparagraph (A)—                      of 2010 (12 U.S.C. 5703), as amended by sub-
                                                                                                                                                           economically disadvantaged individuals’ means
                                              (i) the Secretary of the Treasury shall com-          section (d), is further amended by adding at the
                                                                                                                                                           a business that—
                                            plete all disbursements and remaining obliga-           end the following:                                        ‘‘(A) if privately owned, 51 percent is owned
                                            tions before September 30, 2030; and                       ‘‘(f) PANDEMIC RESPONSE PLAN.—The Sec-
                                                                                                                                                           by one or more socially and economically dis-
                                              (ii) any amounts that remain unexpended               retary may not approve a State to be a partici-
                                                                                                                                                           advantaged individuals;
                                            (whether obligated or unobligated) on September         pating State unless the State has provided the            ‘‘(B) if publicly owned, 51 percent of the stock
                                            30, 2030, shall be rescinded and deposited into         Secretary with a description of how the State          is owned by one or more socially and economi-
                                            the general fund of the Treasury.                       will expeditiously utilize funds to support small      cally disadvantaged individuals; and
                                              (b) ADDITIONAL ALLOCATIONS TO SUPPORT                 businesses, including business enterprises owned          ‘‘(C) in the case of a mutual institution, a ma-
                                            BUSINESS ENTERPRISES OWNED AND CONTROLLED               and controlled by socially and economically dis-       jority of the Board of Directors, account hold-
                                            BY SOCIALLY AND ECONOMICALLY DISADVAN-                  advantaged individuals, in responding to and           ers, and the community which the institution
                                            TAGED INDIVIDUALS.—Section 3003 of the State            recovering from the economic effects of the            services is predominantly comprised of socially
                                            Small Business Credit Initiative Act of 2010 (12        COVID–19 pandemic.’’.                                  and economically disadvantaged individuals.
                                            U.S.C. 5702) is amended by adding at the end               (f) TECHNICAL ASSISTANCE.—Section 3009 of              ‘‘(16) COMMUNITY DEVELOPMENT FINANCIAL IN-
                                            the following:                                          the State Small Business Credit Initiative Act of      STITUTION.—The term ‘community development
                                              ‘‘(d) ADDITIONAL ALLOCATIONS TO SUPPORT               2010 (12 U.S.C. 5708) is amended by adding at          financial institution’ has the meaning given
                                            BUSINESS ENTERPRISES OWNED AND CONTROLLED               the end the following:                                 that term under section 103 of the Riegle Com-
                                            BY SOCIALLY AND ECONOMICALLY DISADVAN-                     ‘‘(e) TECHNICAL ASSISTANCE.—Of the amounts          munity Development and Regulatory Improve-
                                            TAGED INDIVIDUALS.—Of the amounts appro-                appropriated for fiscal year 2021 to carry out the     ment Act of 1994.
                                            priated for fiscal year 2021 to carry out the Pro-      Program, $500,000,000 may be used by the Sec-             ‘‘(17) MINORITY DEPOSITORY INSTITUTION.—
                                            gram, the Secretary shall—                              retary to—                                             The term ‘minority depository institution’ has
                                              ‘‘(1) allocate $1,500,000,000 to States allocated        ‘‘(1) provide funds to States to carry out a        the meaning given that term under section
                                            under this section and, by regulation or other          technical assistance plan under which a State          308(b) of the Financial Institutions Reform, Re-
                                            guidance, prescribe Program requirements that           will provide legal, accounting, and financial ad-      covery, and Enforcement Act of 1989.
                                            the funds be expended for business enterprises          visory services, either directly or contracted            ‘‘(18) SOCIALLY AND ECONOMICALLY DISADVAN-
                                            owned and controlled by socially and economi-           with legal, accounting, and financial advisory         TAGED INDIVIDUAL.—The term ‘socially and eco-
                                            cally disadvantaged individuals;                        firms, with priority given to business enterprises     nomically disadvantaged individual’ means an
                                              ‘‘(2) allocate such amounts to States based on        owned and controlled by socially and economi-          individual who is a socially disadvantaged indi-
                                            the needs of business enterprises owned and             cally disadvantaged individuals, to very small         vidual or an economically disadvantaged indi-
                                            controlled by socially and economically dis-            businesses and business enterprises owned and          vidual, as such terms are defined, respectively,
                                            advantaged individuals, as determined by the            controlled by socially and economically dis-           under section 8 of the Small Business Act (15
                                            Secretary, in each State, and not subject to the        advantaged individuals applying for—                   U.S.C. 637) and the regulations thereunder.
                                            allocation formula described under subsection              ‘‘(A) State programs under the Program; and            ‘‘(19) TRIBAL GOVERNMENT.—The term ‘Tribal
                                            (b);                                                       ‘‘(B) other State or Federal programs that          government’ means a government of an Indian
                                              ‘‘(3) oversee the States’ expenditure of these        support small businesses;                              Tribe listed on the list of recognized Tribes pub-
                                            funds to directly support business enterprises             ‘‘(2) transfer amounts to the Minority Busi-        lished by the Secretary of the Interior under sec-
                                            owned and controlled by socially and economi-           ness Development Agency, so that the Agency            tion 104 of the Federally Recognized Indian
                                            cally disadvantaged individuals; and                    may use such amounts in a manner the Agency            Tribe List Act of 1994 (25 U.S.C. 5131) and means
                                              ‘‘(4) establish a minimum amount of support           determines appropriate, including through con-         the Office of Hawaiian Affairs established by
                                            that a State shall provide to business enterprises      tracting with third parties, to provide technical      the Constitution of the State of Hawaii.’’
                                            owned and controlled by socially and economi-           assistance to business enterprises owned and              (j) RULE OF APPLICATION.—The amendments
                                            cally disadvantaged individuals.                        controlled by socially and economically dis-           made by this section shall apply with respect to
                                              ‘‘(e) INCENTIVE ALLOCATIONS TO SUPPORT                advantaged individuals applying to—                    funds appropriated under this section and funds
                                            BUSINESS ENTERPRISES OWNED AND CONTROLLED                  ‘‘(A) State programs under the Program; and         appropriated on and after the date of enactment
                                            BY SOCIALLY AND ECONOMICALLY DISADVAN-                     ‘‘(B) other State or Federal programs that          of this section.
                                            TAGED INDIVIDUALS.—Of the amounts appro-                support small businesses; and                                          Subtitle D—Airlines
                                            priated for fiscal year 2021 to carry out the Pro-         ‘‘(3) contract with legal, accounting, and fi-      SEC. 4301. AIR TRANSPORTATION PAYROLL SUP-
                                            gram, the Secretary shall set aside $1,000,000,000      nancial advisory firms (with priority given to                     PORT PROGRAM EXTENSION.
                                            for an incentive program under which the Sec-           business enterprises owned and controlled by so-         (a) DEFINITIONS.—The definitions in section
                                            retary shall increase the second 1⁄3 and last 1⁄3       cially and economically disadvantaged individ-         40102(a) of title 49, United States Code, shall
                                            allocations for States that demonstrate robust          uals), to provide technical assistance to business     apply with respect to terms used in this section,
                                            support, as determined by the Secretary, for            enterprises owned and controlled by socially           except that—
                                            business concerns owned and controlled by so-           and economically disadvantaged individuals ap-           (1) the term ‘‘catering functions’’ means prep-
                                            cially and economically disadvantaged individ-          plying to—                                             aration, assembly, or both, of food, beverages,
                                            uals in the deployment of prior allocation                 ‘‘(A) State programs under the Program; and         provisions and related supplies for delivery, and
                                            amounts.’’.                                                ‘‘(B) other State or Federal programs that          the delivery of such items, directly to aircraft or
                                              (c) ADDITIONAL ALLOCATIONS TO SUPPORT                 support small businesses.’’.                           to a location on or near airport property for
                                            VERY SMALL BUSINESSES.—Section 3003 of the                 (g) PREDATORY LENDING PROHIBITED.—Sec-              subsequent delivery to aircraft;
                                            State Small Business Credit Initiative Act of           tion 3004 of the State Small Business Credit Ini-        (2) the term ‘‘contractor’’ means—
                                            2010 (12 U.S.C. 5702), as amended by subsection         tiative Act of 2010 (15 U.S.C. 5702), as amended         (A) a person that performs, under contract
                                            (b), is further amended by adding at the end the        by subsection (e), is further amended by adding        with a passenger air carrier conducting oper-




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                                            following:                                              at the end the following:                              ations under part 121 of title 14, Code of Federal
                                              ‘‘(f) ADDITIONAL ALLOCATIONS TO SUPPORT                  ‘‘(g) PREDATORY LENDING PROHIBITED.—The             Regulations—
                                            VERY SMALL BUSINESSES.—                                 Secretary may not approve a State to be a par-           (i) catering functions; or
                                              ‘‘(1) IN GENERAL.—Of the amounts appro-               ticipating State unless the State has agreed that        (ii) functions on the property of an airport
                                            priated to carry out the Program, the Secretary         no lending activity supported by amounts re-           that are directly related to the air transpor-
                                            shall allocate not less than $500,000,000 to States     ceived by the State under the Program would re-        tation of persons, property, or mail, including




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                                            February 26, 2021                                 CONGRESSIONAL RECORD — HOUSE                                                                          H801
                                            the loading and unloading of property on air-              (ii) refrain from purchasing an equity security     enactment of this section, the Secretary shall
                                            craft, assistance to passengers under part 382 of       of the contractor or the parent company of the         make initial payments to air carriers and con-
                                            title 14, Code of Federal Regulations, security,        contractor that is listed on a national securities     tractors that submit requests for financial as-
                                            airport ticketing and check-in functions,               exchange through September 30, 2022;                   sistance approved by the Secretary.
                                            ground-handling of aircraft, or aircraft cleaning          (iii) refrain from paying dividends, or making         (4) TAXPAYER PROTECTION.—The Secretary
                                            and sanitization functions and waste removal;           other capital distributions, with respect to com-      shall receive financial instruments issued by re-
                                            or                                                      mon stock (or equivalent interest) of the con-         cipients of financial assistance under this sec-
                                               (B) a subcontractor that performs such func-         tractor through September 30, 2022;                    tion in the same form and amount, and under
                                            tions;                                                     (iv) during the 2-year period beginning April       the same terms and conditions, as determined by
                                               (3) the term ‘‘employee’’ means an individual,       1, 2021, and ending April 1, 2023, refrain from        the Secretary under section 408 of subtitle A of
                                            other than a corporate officer, who is employed         paying—                                                title IV of division N of the Consolidated Appro-
                                            by an air carrier or a contractor;                         (I) any officer or employee of the contractor       priations Act, 2021 (Pub. L. No. 116-260).
                                               (4) the term ‘‘eligible air carrier’’ means an air   whose total compensation exceeded $425,000 in             (5)   ADMINISTRATIVE      EXPENSES.—Of      the
                                            carrier that—                                           calendar year 2019 (other than an employee             amounts made available under paragraph
                                               (A) received financial assistance pursuant sec-      whose compensation is determined through an            (1)(A), $10,000,000 shall be made available to the
                                            tion 402(a)(1) of division N of the Consolidated        existing collective bargaining agreement entered       Secretary for costs and administrative expenses
                                            Appropriations Act, 2021 (Public Law 116-260);          into prior to the date of enactment of this Act)—      associated with providing financial assistance
                                               (B) provides air transportation as of March             (aa) total compensation that exceeds, during        under this section.
                                            31, 2021;                                               any 12 consecutive months of such 2-year pe-              (c) FUNDING.—In addition to amounts other-
                                               (C) has not conducted involuntary furloughs          riod, the total compensation received by the offi-     wise available, there is appropriated for fiscal
                                            or reduced pay rates or benefits between March          cer or employee from the contractor in calendar        year 2021, out of any money in the Treasury not
                                            31, 2021, and the date on which the air carrier         year 2019; or                                          otherwise appropriated, $15,000,000,000, to re-
                                            makes a certification to the Secretary pursuant            (bb) severance pay or other benefits upon ter-      main available until expended, to carry out this
                                            to subparagraph (D); and                                mination of employment with the contractor             section.
                                               (D) certifies to the Secretary that such air car-    which exceeds twice the maximum total com-
                                            rier will—                                                                                                     TITLE V—COMMITTEE ON OVERSIGHT AND
                                                                                                    pensation received by the officer or employee                               REFORM
                                               (i) refrain from conducting involuntary fur-
                                                                                                    from the contractor in calendar year 2019; and
                                            loughs or reducing pay rates or benefits until             (II) any officer or employee of the contractor          Subtitle A—Coronavirus State and Local
                                            September 30, 2021, or the date on which assist-        whose total compensation exceeded $3,000,000 in                      Fiscal Recovery Funds
                                            ance provided under this section is exhausted,          calendar year 2019 during any 12 consecutive           SEC. 5001. CORONAVIRUS STATE AND LOCAL FIS-
                                            whichever is later;                                     months of such period total compensation in ex-                    CAL RECOVERY FUNDS.
                                               (ii) refrain from purchasing an equity security                                                               (a) IN GENERAL.—Title VI of the Social Secu-
                                                                                                    cess of the sum of—
                                            of the air carrier or the parent company of the                                                                rity Act (42 U.S.C. 801 et seq.) is amended by
                                                                                                       (aa) $3,000,000; and
                                            air carrier that is listed on a national securities        (bb) 50 percent of the excess over $3,000,000 of    adding at the end the following:
                                            exchange through September 30, 2022;                    the total compensation received by the officer or      ‘‘SEC. 602. CORONAVIRUS STATE FISCAL RECOV-
                                               (iii) refrain from paying dividends, or making                                                                           ERY FUND.
                                                                                                    employee from the contractor in calendar year
                                            other capital distributions, with respect to com-                                                                 ‘‘(a) APPROPRIATION.—In addition to amounts
                                                                                                    2019.
                                            mon stock (or equivalent interest) of such air                                                                 otherwise available, there is appropriated for
                                                                                                       (6) the term ‘‘Secretary’’ means the Secretary
                                            carrier through September 30, 2022;                                                                            fiscal year 2021, out of any money in the Treas-
                                                                                                    of the Treasury.
                                               (iv) during the 2-year period beginning April
                                                                                                       (b) PAYROLL SUPPORT GRANTS.—                        ury not otherwise appropriated, $219,800,000,000,
                                            1, 2021, and ending April 1, 2023, refrain from            (1) IN GENERAL.—To preserve aviation jobs           to remain available until expended, for making
                                            paying—                                                 and compensate air carrier industry workers,           payments under this section to States, terri-
                                               (I) any officer or employee of the air carrier
                                                                                                    the Secretary shall make available to eligible air     tories, and Tribal governments to mitigate the
                                            whose total compensation exceeded $425,000 in
                                                                                                    carriers and eligible contractors, financial as-       fiscal effects stemming from the public health
                                            calendar year 2019 (other than an employee
                                                                                                    sistance exclusively for the continuation of pay-      emergency with respect to the Coronavirus Dis-
                                            whose compensation is determined through an
                                                                                                    ment of employee wages, salaries, and benefits         ease (COVID–19).
                                            existing collective bargaining agreement entered
                                                                                                    to—                                                       ‘‘(b) AUTHORITY TO MAKE PAYMENTS.—
                                            into prior to the date of enactment of this Act)—
                                                                                                       (A) eligible air carriers, in an aggregate             ‘‘(1) PAYMENTS TO TERRITORIES.—
                                               (aa) total compensation that exceeds, during
                                                                                                    amount of $14,000,000,000; and                            ‘‘(A) IN GENERAL.—The Secretary shall reserve
                                            any 12 consecutive months of such 2-year pe-
                                                                                                       (B) eligible contractors, in an aggregate           $4,500,000,000 of the amount appropriated under
                                            riod, the total compensation received by the offi-
                                                                                                    amount of $1,000,000,000.                              subsection (a) to make payments to the terri-
                                            cer or employee from the air carrier in calendar
                                                                                                       (2) APPORTIONMENTS.—                                tories.
                                            year 2019; or
                                                                                                       (A) IN GENERAL.—The Secretary shall appor-             ‘‘(B) ALLOCATION.—Of the amount reserved
                                               (bb) severance pay or other benefits upon ter-
                                                                                                    tion funds to eligible air carriers and eligible       under subparagraph (A)—
                                            mination of employment with the air carrier
                                                                                                    contractors in accordance with the requirements           ‘‘(i) 50 percent of such amount shall be allo-
                                            which exceeds twice the maximum total com-
                                                                                                    of this section not later than April 15, 2021.         cated by the Secretary equally among each terri-
                                            pensation received by the officer or employee
                                                                                                       (B) ELIGIBLE AIR CARRIERS.—The Secretary            tory; and
                                            from the air carrier in calendar year 2019; and
                                               (II) any officer or employee of the air carrier      shall apportion funds made available under                ‘‘(ii) 50 percent of such amount shall be allo-
                                            whose total compensation exceeded $3,000,000 in         paragraph (1)(A) to each eligible air carrier in       cated by the Secretary as an additional amount
                                            calendar year 2019 during any 12 consecutive            the ratio that—                                        to each territory in an amount which bears the
                                                                                                       (i) the amount received by the air carrier pur-     same proportion to 1⁄2 of the total amount re-
                                            months of such period total compensation in ex-
                                                                                                    suant to section 403(a) of division N of the Con-      served under subparagraph (A) as the relative
                                            cess of the sum of—
                                               (aa) $3,000,000; and                                 solidated Appropriations Act, 2021 (Public Law         population of the territory bears to the total
                                               (bb) 50 percent of the excess over $3,000,000 of     116-260) bears to                                      population of all such territories.
                                            the total compensation received by the officer or          (ii) $15,000,000,000.                                  ‘‘(C) PAYMENT.—The Secretary shall pay each
                                            employee from the air carrier in calendar year             (C) ELIGIBLE CONTRACTORS.—The Secretary             territory the total of the amounts allocated for
                                            2019.                                                   shall apportion, to each eligible contractor, an       the territory under subparagraph (B).
                                               (5) the term ‘‘eligible contractor’’ means a         amount equal to the total amount such con-                ‘‘(2) PAYMENTS TO TRIBAL GOVERNMENTS.—
                                            contractor that—                                        tractor received pursuant to section 403(a) of di-        ‘‘(A) IN GENERAL.—The Secretary shall reserve
                                               (A) received financial assistance pursuant to        vision N of the Consolidated Appropriations Act,       $20,000,000,000 of the amount appropriated
                                            section 402(a)(2) of division N of the Consoli-         2021 (Public Law 116-260).                             under subsection (a) to make payments to Tribal
                                            dated Appropriations Act, 2021 (Public Law 116-            (3) IN GENERAL.—                                    governments.
                                            260);                                                      (A) FORMS; TERMS AND CONDITIONS.—The Sec-              ‘‘(B) ALLOCATION.—Of the amount reserved
                                               (B) performs one or more of the functions de-        retary shall provide financial assistance to an        under subparagraph (A)—
                                            scribed under paragraph (2) as of March 31,             eligible air carrier or eligible contractor under         ‘‘(i) $1,000,000,000 shall be allocated by the
                                            2021;                                                   this section in the same form and on the same          Secretary equally among each Tribal govern-
                                               (C) has not conducted involuntary furloughs          terms and conditions as determined by pursuant         ment; and
                                            or reduced pay rates or benefits between March          to section 403(b)(1)(A) of subtitle A of title IV of      ‘‘(ii) $19,000,000,000 shall be allocated by the
                                            31, 2021, and the date on which the contractor          division N of the Consolidated Appropriations          Secretary among each Tribal government in an
                                            makes a certification to the Secretary pursuant         Act, 2021 (Pub. L. No. 116-260).                       amount determined by the Secretary.
                                            to subparagraph (D); and                                   (B) PROCEDURES.—The Secretary shall publish            ‘‘(C) PAYMENT.— The Secretary shall pay
                                               (D) certifies to the Secretary that such con-        streamlined and expedited procedures not later         each Tribal government the total of the amounts




dlhill on DSK120RN23PROD with House
                                            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-




dlhill on DSK120RN23PROD with House
                                            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




dlhill on DSK120RN23PROD with House
                                               ‘‘(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




dlhill on DSK120RN23PROD with House
                                            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




dlhill on DSK120RN23PROD with House
                                            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




dlhill on DSK120RN23PROD with House
                                            employer’s right to discipline or terminate an          Small Business Act (15 U.S.C. 636(a)(36)), as of       additional extended unemployment benefits pro-
                                            employee in accordance with employer policy             the date the employer submits an application           vided under such section 2(c)(2)(D) by reason of
                                            from the date of agreement until September 30,          under the payroll support program established          the amendments made by subsection (a) as well
                                            2021, or the duration of the agreement and re-          under subsection (a).                                  as to cover the cost of such benefits provided
                                            ceipt of public contributions under this subtitle,         (d) REDUCTIONS.—To address any shortfall in         under such section 2(c)(2)(D) as in effect on the
                                            whichever period ends later; or                         assistance that would otherwise be provided            day before the date of enactment of this Act.




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                                            February 26, 2021                                 CONGRESSIONAL RECORD — HOUSE                                                                          H811
                                            SEC. 7203. EXTENSION OF WAIVER OF THE 7-DAY             State’s share of the total resident capacity in        ance Act of 2017 (Public Law 115–48; 38 U.S.C.
                                                        WAITING PERIOD FOR BENEFITS                 such facilities as of the date of enactment of this    3001 note).
                                                        UNDER THE RAILROAD UNEMPLOY-                                                                          (2) ACCREDITED PROGRAMS.—In the case of an
                                                                                                    Act where such capacity includes only veterans
                                                        MENT INSURANCE ACT.
                                                                                                    on whose behalf the Department pays a per              accredited program of education, the program of
                                              (a) IN GENERAL.—Section 2112(a) of the                diem payment pursuant to section 1741 or 1745 of       education shall not be considered a covered pro-
                                            CARES Act (15 U.S.C. 9030(a)) is amended by             title 38, United States Code.                          gram of education under this section if the pro-
                                            striking ‘‘March 14, 2021’’ and inserting ‘‘Au-                                                                gram has received a show cause order from the
                                                                                                    SEC. 8005. FUNDING FOR THE DEPARTMENT OF
                                            gust 29, 2021’’.                                                    VETERANS AFFAIRS OFFICE OF IN-             accreditor of the program during the five-year
                                              (b) CLARIFICATION ON AUTHORITY TO USE                             SPECTOR GENERAL.                           period preceding the date of the enactment of
                                            FUNDS.—Funds appropriated under section                   In addition to amounts otherwise made avail-         this Act.
                                            2112(c) of the CARES Act (15 U.S.C. 9030(c))            able, there is appropriated to the Office of In-          (3) DETERMINATION OF HIGH-DEMAND OCCUPA-
                                            shall be available to cover the cost of additional      spector General of the Department of Veterans          TIONS.—
                                            benefits payable due to section 2112(a) of such         Affairs for fiscal year 2021, out of any money in         (A) INITIAL IMPLEMENTATION.—In carrying
                                            Act by reason of the amendments made by sub-            the Treasury not otherwise appropriated,               out this section, the Secretary shall use the list
                                            section (a) as well as to cover the cost of such        $10,000,000, to remain available until expended,       of high-demand occupations compiled by the
                                            benefits payable due to such section 2112(a) as         for audits, investigations, and other oversight of     Commissioner of Labor Statistics until the final
                                            in effect on the day before the date of enactment       projects and activities carried out with funds         list under subparagraph (C) is complete.
                                            of this Act.                                            made available to the Department of Veterans              (B) STUDY REQUIRED.—The Secretary of Vet-
                                            SEC. 7204. RAILROAD RETIREMENT BOARD AND                Affairs.                                               erans Affairs shall enter into an agreement with
                                                        OFFICE OF THE INSPECTOR GEN-
                                                                                                    SEC. 8006. COVID–19 VETERAN RAPID RETRAIN-
                                                                                                                                                           a federally funded research and development
                                                        ERAL FUNDING.                                                                                      corporation or another appropriate non-Depart-
                                                                                                                ING ASSISTANCE PROGRAM.
                                               In addition to amounts otherwise made avail-           (a) IN GENERAL.—The Secretary of Veterans            ment entity for the conduct of a study to deter-
                                            able, there are appropriated for fiscal year 2021,      Affairs shall carry out a program under which          mine which occupations are high-demand occu-
                                            out of any money in the Treasury not otherwise          the Secretary shall provide up to 12 months of         pations. Such study shall be completed not later
                                            appropriated—                                           retraining assistance to an eligible veteran for       than 90 days after the date of the enactment of
                                               (1) $27,975,000, to remain available until ex-       the pursuit of a covered program of education.         this Act.
                                            pended, for the Railroad Retirement Board, to           Such retraining assistance shall be in addition           (C) FINAL LIST.—The Secretary—
                                            prevent,     prepare    for,  and    respond    to                                                                (i) may add or remove occupation from the list
                                                                                                    to any other entitlement to educational assist-
                                            coronavirus, of which—                                                                                         in use pursuant to subparagraph (A) during the
                                                                                                    ance or benefits for which a veteran is, or has
                                               (A) $6,800,000 shall be for additional hiring                                                               90-day period following the completion of the
                                                                                                    been, eligible.
                                            and overtime bonuses as needed to administer                                                                   study required by subparagraph (B);
                                                                                                       (b) ELIGIBLE VETERANS.—                                (ii) shall issue a final list of high-demand oc-
                                            the Railroad Unemployment Insurance Act; and               (1) IN GENERAL.—In this section, the term ‘‘eli-
                                               (B) $21,175,000 shall be to supplement, not                                                                 cupations for use under this section by not later
                                                                                                    gible veteran’’ means a veteran who—
                                            supplant, existing resources devoted to oper-                                                                  than 90 days after the date of the completion of
                                                                                                       (A) as of the date of the receipt by the Depart-
                                            ations and improvements for the Information                                                                    the study; and
                                                                                                    ment of Veterans Affairs of an application for            (iii) shall make such final list publicly avail-
                                            Technology Investment Initiatives of the Rail-          assistance under this section, is at least 22 years
                                            road Retirement Board; and                                                                                     able on a website of the Department.
                                                                                                    of age but not more than 66 years of age;                 (D) USE OF LIST.—The Secretary shall use the
                                               (2) $500,000, to remain available until ex-             (B) as of such date, is unemployed by reason
                                            pended, for the Railroad Retirement Board Of-                                                                  list developed under this paragraph in order to
                                                                                                    of the covered public health emergency, as cer-        apply the requirement that retraining assistance
                                            fice of Inspector General for audit, investigatory      tified by the veteran;
                                            and review activities.                                                                                         under this section is used for training for a
                                                                                                       (C) as of such date, is not eligible to receive     high-demand occupation, but the Secretary may
                                              TITLE VIII—COMMITTEE ON VETERANS’                     educational assistance under chapter 30, 31, 32,       remove occupations from the list as the Sec-
                                                                 AFFAIRS                            33, or 35 of title 38, United States Code, or chap-    retary determines appropriate.
                                            SEC. 8001. FUNDING FOR CLAIMS AND APPEALS               ter 1606 of title 10, United States Code;                 (4) FULL-TIME DEFINED.—For purposes of this
                                                        PROCESSING.                                    (D) is not enrolled in any Federal or State         subsection, the term ‘‘full-time’’ has the mean-
                                               In addition to amounts otherwise made avail-         jobs program;                                          ing given such term under section 3688 of title
                                            able, there is appropriated for fiscal year 2021,          (E) is not in receipt of compensation for a         38, United States Code.
                                            out of any money in the Treasury not otherwise          service-connected disability rated totally dis-           (d) AMOUNT OF ASSISTANCE.—
                                            appropriated, $272,000,000, to remain available         abling by reason of unemployability; and                  (1) RETRAINING ASSISTANCE.—The Secretary of
                                            until September 30, 2023, pursuant to sections             (F) will not be in receipt of unemployment          Veterans Affairs shall provide to an eligible vet-
                                            308, 310, 7101 through 7113, 7701, and 7703 of          compensation (as defined in section 85(b) of the       eran pursuing a covered program of education
                                            title 38, United States Code.                           Internal Revenue Code of 1986), including any          under the retraining assistance program under
                                            SEC. 8002. FUNDING AVAILABILITY FOR MEDICAL             cash benefit received pursuant to subtitle A of        this section an amount equal to the amount of
                                                        CARE AND HEALTH NEEDS.                      title II of division A of the CARES Act (Public        educational assistance payable under section
                                              In addition to amounts otherwise made avail-          Law 116–136), as of the first day on which the         3313(c)(1)(A) of title 38, United States Code, for
                                            able, there is appropriated for fiscal year 2021,       veteran would receive a housing stipend pay-           each month the veteran pursues the covered
                                            out of any money in the Treasury not otherwise          ment under this section.                               program of education. Such amount shall be
                                            appropriated, $13,482,000,000, to remain avail-            (2) TREATMENT OF VETERANS WHO TRANSFER              payable directly to the educational institution
                                                                                                    ENTITLEMENT.—For         purposes of paragraph         offering the covered program of education pur-
                                            able until September 30, 2023, for allocation
                                            under chapters 17, 20, 73, and 81 of title 38,          (1)(C), a veteran who has transferred all of the       sued by the veteran as follows:
                                            United States Code, of which not more than              veteran’s entitlement to educational assistance           (A) 50 percent of the total amount payable
                                            $4,000,000,000 shall be available pursuant to sec-      under section 3319 of title 38, United States          shall be paid when the eligible veteran begins
                                            tion 1703 of title 38, United States Code for           Code, shall be considered to be a veteran who is       the program of education.
                                            health care furnished through the Veterans              not eligible to receive educational assistance            (B) 25 percent of the total amount payable
                                            Community Care program in sections 1703(c)(1)           under chapter 33 of such title.                        shall be paid when the eligible veteran completes
                                                                                                       (3) FAILURE TO COMPLETE.—A veteran who re-          the program of education.
                                            and 1703(c)(5) of such title.
                                                                                                    ceives retraining assistance under this section to        (C) 25 percent of the total amount payable
                                            SEC. 8003. FUNDING FOR SUPPLY CHAIN MOD-
                                                        ERNIZATION.
                                                                                                    pursue a program of education and who fails to         shall be paid when the eligible veteran finds em-
                                                                                                    complete the program of education shall not be         ployment in a field related to the program of
                                              In addition to amounts otherwise made avail-
                                                                                                    eligible to receive additional assistance under        education.
                                            able, there is appropriated for fiscal year 2021,                                                                 (2) FAILURE TO COMPLETE.—
                                                                                                    this section.
                                            out of any money in the Treasury not otherwise             (c) COVERED PROGRAMS OF EDUCATION.—                    (A) PRO-RATED PAYMENTS.—In the case of a
                                            appropriated, $100,000,000, to remain available            (1) IN GENERAL.—For purposes of this section,       veteran who pursues a covered program of edu-
                                            until September 30, 2022, for the supply chain          a covered program of education is a program of         cation under the retraining assistance program
                                            modernization initiative under sections 308, 310,       education (as such term is defined in section          under this section, but who does not complete
                                            and 7301(b) of title 38, United States Code.            3452(b) of title 38, United States Code) for train-    the program of education, the Secretary shall
                                            SEC. 8004. FUNDING FOR STATE HOMES.                     ing, pursued on a full-time or part-time basis—        pay to the educational institution offering such
                                              In addition to amounts otherwise made avail-             (A) that—                                           program of education a pro-rated amount based
                                            able, there are appropriated for fiscal year 2021,         (i) is approved under chapter 36 of such title;     on the number of months the veteran pursued
                                            out of any money in the Treasury not otherwise             (ii) does not lead to a bachelors or graduate       the program of education in accordance with
                                            appropriated—                                           degree; and                                            this paragraph.
                                              (1) $500,000,000, to remain available until ex-          (iii) is designed to provide training for a high-      (B) PAYMENT OTHERWISE DUE UPON COMPLE-




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                                            pended, for allocation under sections 8131              demand occupation, as determined under para-           TION OF PROGRAM.—The Secretary shall pay to
                                            through 8137 of title 38, United States Code: and       graph (3); or                                          the educational institution a pro-rated amount
                                              (2) $250,000,000, to remain available until Sep-         (B) that is a high technology program of edu-       under paragraph (1)(B) when the veteran pro-
                                            tember 30, 2022, for a one-time only obligation         cation offered by a qualified provider, under the      vides notice to the educational institution that
                                            and expenditure to existing State extended care         meaning given such terms in section 116 of the         the veteran no longer intends to pursue the pro-
                                            facilities for veterans in proportion to each           Harry W. Colmery Veterans Educational Assist-          gram of education.




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                                            H812                                              CONGRESSIONAL RECORD — HOUSE                                                       February 26, 2021
                                              (C) NONRECOVERY FROM VETERAN.—In the                  2021, out of any money in the Treasury not oth-          (2) TOTAL HOURS; AMOUNT.—Paid leave under
                                            case of a veteran referred to in subparagraph           erwise appropriated, $386,000,000, to remain           this section—
                                            (A), the educational institution may not seek           available until expended, to carry out this sec-         (A) shall be provided to a covered employee in
                                            payment from the veteran for any amount that            tion.                                                  an amount not to exceed 600 hours of paid leave
                                            would have been payable under paragraph                 SEC. 8007. PROHIBITION ON COPAYMENTS AND               for each full-time employee, and in the case of
                                            (1)(B) had the veteran completed the program of                     COST SHARING FOR VETERANS DUR-             a part-time employee, employee on an uncom-
                                            education.                                                          ING EMERGENCY RELATING TO                  mon tour of duty, or employee with a seasonal
                                              (D) PAYMENT DUE UPON EMPLOYMENT.—                                 COVID–19.                                  work schedule, in an amount not to exceed the
                                              (i) VETERANS WHO FIND EMPLOYMENT.—In the                (a) IN GENERAL.—The Secretary of Veterans            proportional equivalent of 600 hours to the ex-
                                            case of a veteran referred to in subparagraph           Affairs—                                               tent amounts in the Fund remain available for
                                            (A) who finds employment in a field related to            (1) shall provide for any copayment or other         reimbursement;
                                            the program of education during the 180-day pe-         cost sharing with respect to health care under           (B) shall be paid at the same hourly rate as
                                            riod beginning on the date on which the veteran         the laws administered by the Secretary received        other leave payments; and
                                            withdraws from the program of education, the            by a veteran during the period specified in sub-         (C) may not be provided to a covered employee
                                            Secretary shall pay to the educational institu-         section (b); and                                       if the leave would result in payments greater
                                            tion a pro-rated amount under paragraph (1)(C)            (2) shall reimburse any veteran who paid a co-       than $2,800 in aggregate for any biweekly pay
                                            when the veteran finds such employment.                 payment or other cost sharing for health care          period for a full-time employee, or a proportion-
                                              (ii) VETERANS WHO DO NOT FIND EMPLOY-                 under the laws administered by the Secretary           ally equivalent biweekly limit for a part-time
                                            MENT.—In the case of a veteran referred to in           received by the veteran during such period the         employee.
                                            subparagraph (A) who does not find employ-              amount paid by the veteran.                              (3) RELATIONSHIP TO OTHER LEAVE.—Paid
                                            ment in a field related to the program of edu-            (b) PERIOD SPECIFIED.—The period specified           leave under this section—
                                            cation during the 180-day period beginning on           in this subsection is the period beginning on            (A) is in addition to any other leave provided
                                            the date on which the veteran withdraws from            April 6, 2020, and ending on September 30, 2021.       to a covered employee; and
                                                                                                      (c) FUNDING.—In addition to amounts other-             (B) may not be used by a covered employee
                                            the program of education—
                                                                                                    wise available, there is appropriated to the Sec-      concurrently with any other paid leave.
                                              (I) the Secretary shall not make a payment to
                                                                                                    retary of Veterans Affairs for fiscal year 2021,         (4) CALCULATION OF RETIREMENT BENEFIT.—
                                            the educational institution under paragraph
                                                                                                    out of any money in the Treasury not otherwise         Any paid leave provided to a covered employee
                                            (1)(C); and
                                              (II) the educational institution may not seek         appropriated, $2,000,000,000, to remain available      under this section shall reduce the total service
                                            payment from the veteran for any amount that            until expended, to carry out this section, except      used to calculate any Federal civilian retirement
                                            would have been payable under paragraph                 for health care furnished pursuant to section          benefit.
                                            (1)(C) had the veteran found employment during          1703(c)(2)-(c)(4) of title 38, United States Code.       (d) COVERED EMPLOYEE DEFINED.—In this
                                            such 180-day period.                                    SEC. 8008. EMERGENCY DEPARTMENT OF VET-                section, the term ‘‘covered employee’’ means an
                                                                                                               ERANS AFFAIRS EMPLOYEE LEAVE
                                              (3) HOUSING STIPEND.—For each month that                         FUND.
                                                                                                                                                           employee of the Department of Veterans Affairs
                                            an eligible veteran pursues a covered program of                                                               appointed under chapter 74 of title 38, United
                                                                                                      (a) ESTABLISHMENT; APPROPRIATION.—There
                                            education under the retraining assistance pro-                                                                 States Code.
                                                                                                    is established in the Treasury the Emergency
                                            gram under this section, the Secretary shall pay                                                                   TITLE IX—COMMITTEE ON WAYS AND
                                                                                                    Department of Veterans Affairs Employee Leave
                                            to the veteran a monthly housing stipend in an                                                                                      MEANS
                                                                                                    Fund (in this section referred to as the
                                            amount equal to—                                                                                                 Subtitle A—Crisis Support for Unemployed
                                                                                                    ‘‘Fund’’), to be administered by the Secretary of
                                              (A) in the case of a covered program of edu-
                                                                                                    Veterans Affairs, for the purposes set forth in                             Workers
                                            cation leading to a degree, or a covered program
                                                                                                    subsection (b). In addition to amounts otherwise            PART 1—EXTENSION OF CARES ACT
                                            of education not leading to a degree, at an insti-
                                                                                                    available, there is appropriated for fiscal year               UNEMPLOYMENT PROVISIONS
                                            tution of higher learning (as that term is de-
                                                                                                    2021, out of any money in the Treasury not oth-        SEC. 9011. EXTENSION OF PANDEMIC UNEMPLOY-
                                            fined in section 3452(f) of title 38, United States
                                                                                                    erwise appropriated, $80,000,000, which shall be                    MENT ASSISTANCE.
                                            Code) pursued on more than a half-time basis,
                                                                                                    deposited into the Fund and remain available             (a) IN GENERAL.—Section 2102(c) of the
                                            the amount specified under subsection (c)(1)(B)
                                                                                                    through September 20, 2022.                            CARES Act (15 U.S.C. 9021(c)) is amended—
                                            of section 3313 of title 38, United States Code;
                                                                                                      (b) PURPOSE.—Amounts in the Fund shall be               (1) in paragraph (1)—
                                              (B) in the case of a covered program of edu-
                                                                                                    available for payment to the Department of Vet-           (A) by striking ‘‘paragraphs (2) and (3)’’ and
                                            cation other than a program of education lead-
                                                                                                    erans Affairs for the use of paid leave by any         inserting ‘‘paragraph (2)’’; and
                                            ing to a degree at an institution other than an
                                                                                                    covered employee who is unable to work because            (B) in subparagraph (A)(ii), by striking
                                            institution of higher learning pursued on more
                                                                                                    the employee—                                          ‘‘March 14, 2021’’ and inserting ‘‘August 29,
                                            than a half-time basis, the amount specified              (1) is subject to a Federal, State, or local quar-
                                            under subsection (g)(3)(A)(ii) of such section; or                                                             2021’’; and
                                                                                                    antine or isolation order related to COVID–19;            (2) by striking paragraph (3) and redesig-
                                              (C) in the case of a covered program of edu-            (2) has been advised by a health care provider
                                            cation pursued on less than a half-time basis, or                                                              nating paragraph (4) as paragraph (3).
                                                                                                    to self-quarantine due to concerns related to             (b) INCREASE IN NUMBER OF WEEKS.—Section
                                            a covered program of education pursued solely           COVID–19;
                                            through distance learning on more than a half-                                                                 2102(c)(2) of such Act (15 U.S.C. 9021(c)(2)) is
                                                                                                      (3) is caring for an individual who is subject
                                            time basis, the amount specified under sub-                                                                    amended—
                                                                                                    to such an order or has been so advised;
                                            section (c)(1)(B)(iii) of such section.                   (4) is experiencing symptoms of COVID–19 and            (1) by striking ‘‘50 weeks’’ and inserting ‘‘74
                                              (4) FAILURE TO FIND EMPLOYMENT.—The Sec-              seeking a medical diagnosis;                           weeks’’; and
                                            retary shall not make a payment under para-               (5) is caring for a son or daughter of such em-         (2) by striking ‘‘50-week period’’ and inserting
                                            graph (1)(C) with respect to an eligible veteran        ployee if the school or place of care of the son       ‘‘74-week period’’.
                                            who completes or fails to complete a program of         or daughter has been closed, if the school of             (c) HOLD HARMLESS FOR PROPER ADMINISTRA-
                                            education under the retraining assistance pro-                                                                 TION.—In the case of an individual who is eligi-
                                                                                                    such son or daughter requires or makes optional
                                            gram under this section if the veteran fails to         a virtual learning instruction model or requires       ble to receive pandemic unemployment assist-
                                            find employment in a field related to the pro-          or makes optional a hybrid of in-person and vir-       ance under section 2102 of the CARES Act (15
                                            gram of education within the 180-period begin-          tual learning instruction models, or the child         U.S.C. 9021) as of the day before the date of en-
                                            ning on the date on which the veteran with-             care provider of such son or daughter is un-           actment of this Act and on the date of enact-
                                            draws from or completes the program.                    available, due to COVID–19 precautions;                ment of this Act becomes eligible for pandemic
                                              (e) NO TRANSFERABILITY.—Retraining assist-              (6) is experiencing any other substantially          emergency unemployment compensation under
                                            ance provided under this section may not be             similar condition;                                     section 2107 of the CARES Act (15 U.S.C. 9025)
                                            transferred to another individual.                        (7) is caring for a family member with a men-        by reason of the amendments made by section
                                              (f) LIMITATION.—Not more than 17,250 eligible         tal or physical disability or who is 55 years of       9016(b) of this title, any payment of pandemic
                                            veterans may receive retraining assistance              age or older and incapable of self-care, without       unemployment assistance under such section
                                            under this section.                                     regard to whether another individual other than        2102 made after the date of enactment of this
                                              (g) TERMINATION.—No retraining assistance             the employee is available to care for such family      Act to such individual during an appropriate
                                            may be paid under this section after the date           member, if the place of care for such family           period of time, as determined by the Secretary of
                                            that is 21 months after the date of the enact-          member is closed or the direct care provider is        Labor, that should have been made under such
                                            ment of this Act.                                       unavailable due to COVID–19; or                        section 2107 shall not be considered to be an
                                              (h) COMPTROLLER GENERAL REPORT.—Not                     (8) is obtaining immunization related to             overpayment of assistance under such section
                                            later than 180 days after the termination of the        COVID–19 or to recover from any injury, dis-           2102, except that an individual may not receive
                                            retraining assistance program under subsection          ability, illness, or condition related to such im-     payment for assistance under section 2102 and a
                                            (k), the Comptroller General shall submit to the        munization.                                            payment for assistance under section 2107 for




dlhill on DSK120RN23PROD with House
                                            Committees on Veterans’ Affairs of the Senate             (c) LIMITATIONS.—                                    the same week of unemployment.
                                            and House of Representatives a report on the              (1) PERIOD OF AVAILABILITY.—Paid leave                  (d) EFFECTIVE DATE.—The amendments made
                                            outcomes and effectiveness of the program.              under this section may only be provided to and         by subsections (a) and (b) shall apply as if in-
                                              (i) FUNDING.—In addition to amounts other-            used by a covered employee during the period           cluded in the enactment of the CARES Act
                                            wise available there is appropriated to the De-         beginning on the date of enactment of this Act         (Public Law 116–136), except that no amount
                                            partment of Veterans Affairs for fiscal year            and ending on September 30, 2021.                      shall be payable by virtue of such amendments




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                                            February 26, 2021                                 CONGRESSIONAL RECORD — HOUSE                                                                           H813
                                            with respect to any week of unemployment com-           of enactment of the American Rescue Plan Act             (2) as directed by the Secretary, conduct user
                                            mencing before the date of the enactment of this        of 2021 (without regard to the amendments made         accessibility testing on any new system devel-
                                            Act.                                                    by subsections (a) and (b) of section 9016 of such     oped by the Secretary pursuant to subsection
                                            SEC. 9012. EXTENSION OF EMERGENCY UNEM-                 Act)’’ after ‘‘2020)’’.                                (b)(2).
                                                       PLOYMENT RELIEF FOR GOVERN-                    (d) EFFECTIVE DATE.—The amendments made               Subtitle B—Emergency Assistance to Families
                                                       MENTAL ENTITIES AND NONPROFIT                by this section shall apply as if included in the              Through Home Visiting Programs
                                                       ORGANIZATIONS.                               enactment of the CARES Act (Public Law 116–
                                              (a) IN GENERAL.—Section 903(i)(1)(D) of the                                                                  SEC. 9101. EMERGENCY ASSISTANCE TO FAMILIES
                                                                                                    136), except that no amount shall be payable by                    THROUGH HOME VISITING PRO-
                                            Social Security Act (42 U.S.C. 1103(i)(1)(D)) is        virtue of such amendments with respect to any                      GRAMS.
                                            amended by striking ‘‘March 14, 2021’’ and in-          week of unemployment commencing before the               Title V of the Social Security Act (42 U.S.C.
                                            serting ‘‘August 29, 2021’’.                            date of the enactment of this Act.
                                              (b) INCREASE IN REIMBURSEMENT RATE.—Sec-                                                                     701-713) is amended by inserting after section
                                                                                                    SEC. 9017. EXTENSION OF TEMPORARY FINANC-
                                            tion 903(i)(1)(B) of such Act (42 U.S.C.                                                                       511 the following:
                                                                                                                ING OF SHORT-TIME COMPENSATION
                                            1103(i)(1)(B)) is amended—                                          PAYMENTS IN STATES WITH PRO-               ‘‘SEC. 511A. EMERGENCY ASSISTANCE TO FAMI-
                                                                                                                GRAMS IN LAW.                                           LIES THROUGH HOME VISITING PRO-
                                              (1) in the first sentence, by inserting ‘‘and ex-
                                                                                                                                                                        GRAMS.
                                            cept as otherwise provided in this subpara-               Section 2108(b)(2) of the CARES Act (15 U.S.C.
                                            graph’’ after ‘‘as determined by the Secretary of       9026(b)(2)) is amended by striking ‘‘March 14,            ‘‘(a) SUPPLEMENTAL APPROPRIATION.—In ad-
                                            Labor’’; and                                            2021’’ and inserting ‘‘August 29, 2021’’.              dition to amounts otherwise appropriated, out of
                                              (2) by inserting after the first sentence the fol-    SEC. 9018. EXTENSION OF TEMPORARY FINANC-              any money in the Treasury of the United States
                                            lowing: ‘‘With respect to the amounts of such                       ING OF SHORT-TIME COMPENSATION             not otherwise appropriated, there are appro-
                                            compensation paid for weeks of unemployment                         AGREEMENTS FOR STATES WITHOUT              priated to the Secretary $150,000,000, to remain
                                            beginning after March 31, 2021, and ending on                       PROGRAMS IN LAW.                           available through September 30, 2022, to enable
                                            or before August 29, 2021, the preceding sentence         Section 2109(d)(2) of the CARES Act (15 U.S.C.       eligible entities to conduct programs in accord-
                                            shall be applied by substituting ‘75 percent’ for       9027(d)(2)) is amended by striking ‘‘March 14,         ance with section 511 and subsection (c) of this
                                            ‘one-half’.’’.                                          2021’’ and inserting ‘‘August 29, 2021’’.              section.
                                                                                                           PART 2—EXTENSION OF FFCRA                          ‘‘(b) ELIGIBILITY FOR FUNDS.—To be eligible to
                                            SEC. 9013. EXTENSION OF FEDERAL PANDEMIC
                                                        UNEMPLOYMENT COMPENSATION.                          UNEMPLOYMENT PROVISIONS                        receive funds made available by subsection (a)
                                              (a) IN GENERAL.—Section 2104(e)(2) of the             SEC. 9021. EXTENSION OF TEMPORARY ASSIST-              of this section, an entity shall—
                                                                                                                ANCE FOR STATES WITH ADVANCES.                ‘‘(1) as of the date of the enactment of this
                                            CARES Act (15 U.S.C. 9023(e)(2)) is amended by
                                                                                                      Section 1202(b)(10)(A) of the Social Security        section, be conducting a program under section
                                            striking ‘‘March 14, 2021’’ and inserting ‘‘Au-
                                                                                                    Act (42 U.S.C. 1322(b)(10)(A)) is amended by           511;
                                            gust 29, 2021’’.
                                              (b) AMOUNT.—Section 2104(b)(3)(A) of such             striking ‘‘March 14, 2021’’ and inserting ‘‘Au-           ‘‘(2) ensure the modification of grants, con-
                                            Act (15 U.S.C. 9023(b)(3)(A)) is amended by add-        gust 29, 2021’’.                                       tracts, and other agreements, as applicable, exe-
                                            ing at the end the following:                           SEC. 9022. EXTENSION OF FULL FEDERAL FUND-             cuted under section 511 under which the pro-
                                              ‘‘(iii) For weeks of unemployment ending after                    ING OF EXTENDED UNEMPLOYMENT               gram is conducted as are necessary to provide
                                            March 14, 2021, and ending on or before August                      COMPENSATION.                              that, during the period that begins with the
                                            29, 2021, $400.’’.                                        Section 4105 of the Families First Coronavirus       date of the enactment of this section and ends
                                                                                                    Response Act (26 U.S.C. 3304 note) is amended          with the end of the 2nd succeeding fiscal year
                                            SEC. 9014. EXTENSION OF FULL FEDERAL FUND-
                                                        ING OF THE FIRST WEEK OF COM-               by striking ‘‘March 14, 2021’’ each place it ap-       after the funds are awarded, the entity shall—
                                                        PENSABLE REGULAR UNEMPLOY-                  pears and inserting ‘‘August 29, 2021’’.                  ‘‘(A) not reduce funding for, or staffing levels
                                                        MENT FOR STATES WITH NO WAIT-               PART 3—DEPARTMENT OF LABOR FUND-                       of, the program on account of reduced enroll-
                                                        ING WEEK.
                                                                                                      ING FOR TIMELY, ACCURATE, AND EQUI-                  ment in the program; and
                                              (a) IN GENERAL.—Section 2105(e)(2) of the               TABLE PAYMENT                                           ‘‘(B) when using funds to provide emergency
                                            CARES Act (15 U.S.C. 9024(e)(2)) is amended by                                                                 supplies to eligible families receiving grant serv-
                                                                                                    SEC. 9031. FUNDING FOR ADMINISTRATION.
                                            striking ‘‘March 14, 2021’’ and inserting ‘‘Au-                                                                ices under section 511, ensure coordination with
                                                                                                      In addition to amounts otherwise available,          local diaper banks to the extent practicable; and
                                            gust 29, 2021’’.
                                                                                                    there is appropriated to the Employment and               ‘‘(3) reaffirm that, in conducting the program,
                                              (b) FULL REIMBURSEMENT.—Paragraph (3) of
                                                                                                    Training Administration of the Department of           the entity will focus on priority populations (as
                                            section 2105(c) of such Act (15 U.S.C. 9024(c)) is
                                                                                                    Labor for fiscal year 2021, out of any money in        defined in section 511(d)(4)).
                                            repealed and such section shall be applied to
                                                                                                    the Treasury not otherwise appropriated,                  ‘‘(c) USES OF FUNDS.—An entity to which
                                            weeks of unemployment to which an agreement
                                                                                                    $8,000,000, to remain available until expended,        funds are provided under this section shall use
                                            under section 2105 of such Act applies as if such
                                                                                                    for necessary expenses to carry out Federal ac-        the funds—
                                            paragraph had not been enacted.
                                                                                                    tivities relating to the administration of unem-          ‘‘(1) to serve families with home visits or with
                                            SEC. 9015. EXTENSION OF EMERGENCY STATE
                                                       STAFFING FLEXIBILITY.
                                                                                                    ployment compensation programs.                        virtual visits, that may be conducted by the use
                                                                                                    SEC. 9032. FUNDING FOR FRAUD PREVENTION,               of electronic information and telecommuni-
                                              If a State modifies its unemployment com-                         EQUITABLE ACCESS, AND TIMELY
                                            pensation law and policies, subject to the suc-                     PAYMENT TO ELIGIBLE WORKERS.
                                                                                                                                                           cations technologies, in a service delivery model
                                            ceeding sentence, with respect to personnel                                                                    described in section 511(d)(3)(A);
                                                                                                      (a) IN GENERAL.—In addition to amounts oth-
                                            standards on a merit basis on an emergency                                                                        ‘‘(2) to pay hazard pay or other additional
                                                                                                    erwise available, there is appropriated to the
                                            temporary basis as needed to respond to the                                                                    staff costs associated with providing home visits
                                                                                                    Secretary of Labor for fiscal year 2021, out of
                                            spread of COVID-19, such modifications shall be                                                                or administration for programs funded under
                                                                                                    any money in the Treasury not otherwise appro-
                                            disregarded for the purposes of applying section                                                               section 511;
                                                                                                    priated, $2,000,000,000, to remain available until
                                            303 of the Social Security Act and section 3304 of                                                                ‘‘(3) to train home visitors employed by the en-
                                                                                                    expended, to detect and prevent fraud, promote
                                            the Internal Revenue Code of 1986 to such State                                                                tity in conducting a virtual home visit and in
                                                                                                    equitable access, and ensure the timely payment
                                            law. Such modifications shall only apply                                                                       emergency preparedness and response planning
                                                                                                    of benefits with respect to unemployment insur-
                                            through August 29, 2021, and shall be limited to                                                               for families served, and may include training on
                                                                                                    ance programs, including programs extended
                                            engaging of temporary staff, rehiring of retirees                                                              how to safely conduct intimate partner violence
                                                                                                    under this subtitle.
                                            or former employees on a non-competitive basis,           (b) USE OF FUNDS.—Amounts made available             screenings, and training on safety and planning
                                            and other temporary actions to quickly process          under subsection (a) may be used—                      for families served to support the family outcome
                                            applications and claims.                                  (1) for Federal administrative costs related to      improvements listed in section 511(d)(2)(B);
                                            SEC. 9016. EXTENSION OF PANDEMIC EMERGENCY              the purposes described in subsection (a);                 ‘‘(4) for the acquisition by families served by
                                                         UNEMPLOYMENT COMPENSATION.                   (2) for systemwide infrastructure investment         programs under section 511 of such techno-
                                              (a) IN GENERAL.—Section 2107(g) of the                and development related to such purposes; and          logical means as are needed to conduct and sup-
                                            CARES Act (15 U.S.C. 9025(g)) is amended to               (3) to make grants to States or territories ad-      port a virtual home visit;
                                            read as follows:                                        ministering unemployment insurance programs               ‘‘(5) to provide emergency supplies (such as
                                              ‘‘(g) APPLICABILITY.—An agreement entered             described in subsection (a) for such purposes,         diapers and diapering supplies including diaper
                                            into under this section shall apply to weeks of         including the establishment of procedures or the       wipes and diaper cream, necessary to ensure
                                            unemployment—                                           building of infrastructure to verify or validate       that a child using a diaper is properly cleaned
                                              ‘‘(1) beginning after the date on which such          identity, implement Federal guidance regarding         and protected from diaper rash, formula, food,
                                            agreement is entered into; and                          fraud detection and prevention, and accelerate         water, hand soap and hand sanitizer) to an eli-
                                              ‘‘(2) ending on or before August 29, 2021.’’.         claims processing or process claims backlogs due       gible family (as defined in section 511(k)(2));
                                              (b) INCREASE IN NUMBER OF WEEKS.—Section              to the pandemic.                                          ‘‘(6) to coordinate with and provide reimburse-
                                            2107(b)(2) of such Act (15 U.S.C. 9025(b)(2)) is          (c) RESTRICTIONS ON GRANTS TO STATES AND             ment for supplies to diaper banks when using




dlhill on DSK120RN23PROD with House
                                            amended by striking ‘‘24’’ and inserting ‘‘48’’.        TERRITORIES.—As a condition of receiving a             such entities to provide emergency supplies spec-
                                              (c) COORDINATION OF PANDEMIC EMERGENCY                grant under subsection (b)(3), the Secretary may       ified in paragraph (5); or
                                            UNEMPLOYMENT COMPENSATION WITH EXTENDED                 require that a State or territory receiving such a        ‘‘(7) to provide prepaid grocery cards to an eli-
                                            COMPENSATION.—Section 2107(a)(5)(B) of such             grant shall—                                           gible family (as defined in section 511(k)(2)) par-
                                            Act (15 U.S.C. 9025(a)(5)(B)) is amended by in-           (1) use such program integrity tools as the          ticipating in the maternal, infant, and early
                                            serting ‘‘or for the week that includes the date        Secretary may specify; and                             childhood home visiting program under section




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                                            H814                                              CONGRESSIONAL RECORD — HOUSE                                                        February 26, 2021
                                            511 for the purpose of enabling the family to           paragraph (3), the Secretary shall treat the               ‘‘(A) $88,000,000 shall be made available to
                                            meet the emergency needs of the family.’’.              funds as if included in the amount specified in         carry out the programs described in subtitle B in
                                            Subtitle C—Emergency Assistance to Children             paragraph (1).                                          fiscal year 2021, of which not less than an
                                                            and Families                              ‘‘(ii) PROVISION.—The Secretary shall provide         amount equal to $100,0000,000 minus the amount
                                                                                                    funds to each such other State or Indian tribe in       previously provided in fiscal year 2021 to carry
                                            SEC. 9201. PANDEMIC EMERGENCY ASSISTANCE.
                                                                                                    an amount equal to the amount so reallotted.            out section 2042(b) shall be made available to
                                               Section 403 of the Social Security Act (42             ‘‘(5) RECIPIENT OF FUNDS PROVIDED FOR TER-            carry out such section; and
                                            U.S.C. 603) is amended by adding at the end the         RITORIES.—In the case of a territory not oper-             ‘‘(B) $188,000,000 shall be made available to
                                            following:                                              ating a program funded under this part, the             carry out the programs described in subtitle B in
                                               ‘‘(c) PANDEMIC EMERGENCY ASSISTANCE.—                Secretary shall provide the funds required to be        fiscal year 2022, of which not less than
                                               ‘‘(1) APPROPRIATION.—In addition to amounts          provided to the territory under this subsection,        $100,000,000 shall be for activities described in
                                            otherwise available, there is appropriated for          to the agency that administers the bulk of local        section 2042(b).
                                            fiscal year 2021, out of any money in the Treas-        human services programs in the territory.                  ‘‘(2) SERVICES FOR ALL ADULTS.—The amounts
                                            ury of the United States not otherwise appro-             ‘‘(6) USE OF FUNDS.—                                  made available by subsection (a) of this section
                                            priated, $1,000,000,000, to remain available until        ‘‘(A) IN GENERAL.—A State or Indian tribe to          to carry out section 2042(b) may be used to pro-
                                            expended, to carry out this subsection.                 which funds are provided under this subsection          vide services under programs described in sec-
                                               ‘‘(2) RESERVATION OF FUNDS FOR TECHNICAL             may use the funds only for non-recurrent short          tion 2042(b) for all adults, as defined by local
                                            ASSISTANCE.—Of the amount specified in para-            term benefits, whether in the form of cash or in        adult protective services statutes and regula-
                                            graph (1), the Secretary shall reserve $2,000,000       other forms.                                            tions.’’.
                                            for administrative expenses and the provision of          ‘‘(B) LIMITATION ON USE FOR ADMINISTRATIVE
                                            technical assistance to States and Indian tribes                                                                      Subtitle E—Support to Skilled Nursing
                                                                                                    EXPENSES.—A State to which funds are provided
                                            with respect to the use of funds provided under                                                                         Facilities in Response to COVID–19
                                                                                                    under this subsection shall not expend more
                                            this subsection.                                        than 15 percent of the funds for administrative         SEC. 9401. PROVIDING FOR INFECTION CONTROL
                                               ‘‘(3) ALLOTMENTS.—                                                                                                       SUPPORT TO SKILLED NURSING FA-
                                                                                                    purposes.                                                           CILITIES   THROUGH   CONTRACTS
                                               ‘‘(A) 50 STATES AND THE DISTRICT OF COLUM-             ‘‘(C) NONSUPPLANTATION.—Funds provided                            WITH QUALITY IMPROVEMENT ORGA-
                                            BIA.—                                                   under this subsection shall be used to supple-                      NIZATIONS.
                                               ‘‘(i) TOTAL AMOUNT TO BE ALLOTTED.—The               ment and not supplant other Federal, State, or             Section 1862(g) of the Social Security Act (42
                                            Secretary shall allot a total of 92.5 percent of        tribal funds for services and activities that pro-      U.S.C. 1395y(g)) is amended—
                                            the amount specified in paragraph (1) that is           mote the purposes of this part.                            (1) by striking ‘‘The Secretary’’ and inserting
                                            not reserved under paragraph (2) among the                ‘‘(D) EXPENDITURE DEADLINE.—                          ‘‘(1) The Secretary’’; and
                                            States that are not a territory and that are oper-        ‘‘(i) IN GENERAL.—Except as provided in                  (2) by adding at the end the following new
                                            ating a program funded under this part, in ac-          clause (ii), a State or Indian tribe to which           paragraph:
                                            cordance with clause (ii) of this subparagraph.         funds are provided under this subsection shall             ‘‘(2) In addition to any amounts otherwise
                                               ‘‘(ii) ALLOTMENT FORMULA.—The Secretary              expend the funds not later than the end of fiscal       available, there is appropriated to the Secretary,
                                            shall allot to each such State the sum of the fol-      year 2022.                                              out of any monies in the Treasury not otherwise
                                            lowing percentages of the total amount de-                ‘‘(ii) EXCEPTION FOR REALLOTTED FUNDS.—A              appropriated, $200,000,000, to remain available
                                            scribed in clause (i):                                  State or Indian tribe to which funds are pro-           until expended, for purposes of carrying out in-
                                               ‘‘(I) 50 percent, multiplied by—                     vided under paragraph (4)(B) shall expend the           fection control support (as determined appro-
                                               ‘‘(aa) the population of children in the State,      funds within 12 months after receipt.                   priate by the Secretary) through the develop-
                                            determined on the basis of the most recent popu-          ‘‘(7) EXPENDITURE REPORTS.—On expending               ment and dissemination of protocols relating to
                                            lation estimates as determined by the Bureau of         all funds provided to a State or Indian tribe           the prevention or mitigation of COVID–19 in
                                            the Census; divided by                                  under this subsection, the entity shall submit to       skilled nursing facilities (as defined in section
                                               ‘‘(bb) the total population of children in the       the Secretary a written report that describes           1819(a)).’’.
                                            States that are not territories, as so determined;      how the funds were expended, which report
                                            plus                                                                                                            SEC. 9402. FUNDING FOR STRIKE TEAMS FOR
                                                                                                    shall be so submitted—                                             RESIDENT AND EMPLOYEE SAFETY
                                               ‘‘(II) 50 percent, multiplied by—                      ‘‘(A) if the entity is a State that is not a terri-              IN SKILLED NURSING FACILITIES.
                                               ‘‘(aa) the total amount expended by the State        tory, within 90 days after expenditure; or                Section 1819 of the Social Security Act (42
                                            for basic assistance, non-recurrent short term            ‘‘(B) if the entity is a territory or is operating
                                                                                                                                                            U.S.C. 1395i–3) is amended by adding at the end
                                            benefits, and emergency assistance in fiscal year       a tribal program funded under this part, within
                                                                                                                                                            the following new subsection:
                                            2019, as reported by the State under section 411;       120 days after expenditure.
                                                                                                                                                              ‘‘(k) FUNDING FOR STRIKE TEAMS.—In addi-
                                            divided by                                                ‘‘(8) SUSPENSION OF TERRITORY SPENDING
                                                                                                                                                            tion to amounts otherwise available, there is ap-
                                               ‘‘(bb) the total amount expended by the States       CAP.—Section 1108 shall not apply with respect
                                                                                                                                                            propriated to the Secretary, out of any monies
                                            that are not territories for basic assistance, non-     to any funds provided under this subsection.
                                                                                                                                                            in the Treasury not otherwise appropriated,
                                            recurrent short term benefits, and emergency as-          ‘‘(9) DEFINITIONS.—In this subsection:
                                                                                                      ‘‘(A) APPLICABLE PERIOD.—The term ‘applica-           $250,000,000, to remain available until expended,
                                            sistance in fiscal year 2019, as so reported by the
                                                                                                    ble period’ means the period that begins with           for purposes of allocating such amount among
                                            States.
                                                                                                    April 1, 2021, and ends with September 30, 2022.        the States (including the District of Columbia
                                               ‘‘(B) TERRITORIES AND INDIAN TRIBES.—The
                                                                                                      ‘‘(B) NON-RECURRENT SHORT TERM BENEFITS.—             and each territory of the United States) for such
                                            Secretary shall allot among the territories and
                                                                                                    The term ‘non-recurrent short term benefits’ has        a State to establish and implement a strike team
                                            Indian tribes otherwise eligible for a grant
                                                                                                    the meaning given the term in OMB approved              that will be deployed to a skilled nursing facil-
                                            under this part such portions of 7.5 percent of
                                                                                                    Form ACF-196R, published on July 31, 2014.              ity in the State with diagnosed or suspected
                                            the amount specified in paragraph (1) that are
                                                                                                      ‘‘(C) STATE.—The term ‘State’ means the 50            cases of COVID–19 among residents or staff for
                                            not reserved under paragraph (2) as the Sec-
                                                                                                    States of the United States, the District of Co-        the purposes of assisting with clinical care, in-
                                            retary deems appropriate based on the needs of
                                                                                                    lumbia, and the territories.                            fection control, or staffing during the emergency
                                            the territory or tribe involved.
                                                                                                      ‘‘(D) TERRITORY.—The term ‘territory’ means           period described in section 1135(g)(1)(B).’’.
                                               ‘‘(C) EXPENDITURE COMMITMENT REQUIRE-
                                            MENT.—To receive the full amount of funding             the Commonwealth of Puerto Rico, the United                Subtitle F—Preserving Health Benefits for
                                            payable under this subsection, a State or Indian        States Virgin Islands, Guam, American Samoa,                                  Workers
                                            tribe shall inform the Secretary as to whether it       and the Commonwealth of the Northern Mar-               SEC. 9500. PRESERVING HEALTH BENEFITS FOR
                                            intends to use all of its allotment under this          iana Islands.’’.                                                    WORKERS.
                                            paragraph and provide that information—                      Subtitle D—Elder Justice and Support                 (a) PREMIUM ASSISTANCE FOR COBRA CON-
                                               ‘‘(i) in the case of a State that is not a terri-                         Guarantee                          TINUATION COVERAGE FOR INDIVIDUALS AND
                                            tory, within 45 days after the date of the enact-       SEC. 9301. ADDITIONAL FUNDING FOR AGING AND             THEIR FAMILIES.—
                                            ment of this subsection; or                                          DISABILITY SERVICES PROGRAMS.                (1) PROVISION OF PREMIUM ASSISTANCE.—
                                               ‘‘(ii) in the case of a territory or an Indian         Subtitle A of title XX of the Social Security           (A) REDUCTION OF PREMIUMS PAYABLE.—In
                                            tribe, within 90 days after such date of enact-         Act (42 U.S.C. 1397-1397h) is amended by adding         the case of any premium for a period of coverage
                                            ment.                                                   at the end the following:                               during the period beginning on the first day of
                                               ‘‘(4) GRANTS.—                                       ‘‘SEC. 2010. ADDITIONAL FUNDING FOR AGING               the first month beginning after the date of the
                                               ‘‘(A) IN GENERAL.—The Secretary shall pro-                        AND DISABILITY SERVICES PRO-               enactment of this Act, and ending on September
                                            vide funds to each State and Indian tribe to                         GRAMS.                                     30, 2021, for COBRA continuation coverage with
                                            which an amount is allotted under paragraph                ‘‘(a) APPROPRIATION.—In addition to amounts          respect to any assistance eligible individual de-
                                            (3), from the amount so allotted.                       otherwise available, there is appropriated for          scribed in paragraph (3), such individual shall
                                               ‘‘(B) TREATMENT OF UNUSED FUNDS.—                    fiscal year 2021, out of any money in the Treas-        be treated for purposes of any COBRA continu-




dlhill on DSK120RN23PROD with House
                                               ‘‘(i) REALLOTMENT.—The Secretary shall               ury not otherwise appropriated, $276,000,000, to        ation provision as having paid the amount of
                                            reallot in accordance with paragraph (3) all            remain available until expended, to carry out           such premium if such individual pays (or any
                                            funds provided to any State or Indian tribe             the programs described in subtitle B.                   person other than such individual’s employer
                                            under this subsection that are unused, among               ‘‘(b) USE OF FUNDS.—                                 pays on behalf of such individual) 15 percent of
                                            the other States and Indian tribes eligible for            ‘‘(1) IN GENERAL.—Of the amounts made avail-         the amount of such premium.
                                            funds under this subsection. For purposes of            able by subsection (a)—                                   (B) PLAN ENROLLMENT OPTION.—




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                                            February 26, 2021                                 CONGRESSIONAL RECORD — HOUSE                                                                           H815
                                               (i) IN GENERAL.—Notwithstanding the COBRA            by reason of clause (i) of subparagraph (A) (as        application for review under this paragraph.
                                            continuation provisions, any assistance eligible        applicable). Such notice shall be provided to the      Such Secretary’s determination upon review of
                                            individual who is enrolled in a group health            group health plan in such time and manner as           the denial shall be de novo and shall be the
                                            plan offered by a plan sponsor may, not later           may be specified by the Secretary of Labor.            final determination of such Secretary. The pro-
                                            than 90 days after the date of notice of the plan          (3) ASSISTANCE ELIGIBLE INDIVIDUAL.—For             visions of this paragraph, paragraphs (1)
                                            enrollment option described in this subpara-            purposes of this section, the term ‘‘assistance el-    through (4), and paragraphs (6) through (7)
                                            graph, elect to enroll in coverage under a plan         igible individual’’ means, with respect to a pe-       shall be treated as provisions of title I of the
                                            offered by such plan sponsor that is different          riod of coverage during the period beginning on        Employee Retirement Income Security Act of
                                            than coverage under the plan in which such in-          the first day of the first month beginning after       1974 for purposes of part 5 of subtitle B of such
                                            dividual was enrolled at the time, in the case of       the date of the enactment of this Act, and end-        title.
                                            any assistance eligible individual described in         ing on September 30, 2021, any individual that is         (6) NOTICES TO INDIVIDUALS.—
                                            paragraph (3), the qualifying event specified in        a qualified beneficiary who—                              (A) GENERAL NOTICE.—
                                            section 603(2) of the Employee Retirement In-              (A) is eligible for COBRA continuation cov-            (i) IN GENERAL.—In the case of notices pro-
                                            come Security Act of 1974, section 4980B(f)(3)(B)       erage by reason of a qualifying event specified        vided under section 606(a)(4) of the Employee
                                            of the Internal Revenue Code of 1986, or section        in section 603(2) of the Employee Retirement In-       Retirement Income Security Act of 1974 (29
                                            2203(2) of the Public Health Service Act, except        come Security Act of 1974, section 4980B(f)(3)(B)      U.S.C. 1166(4)), section 4980B(f)(6)(D) of the In-
                                            for the voluntary termination of such individ-          of the Internal Revenue Code of 1986, or section       ternal Revenue Code of 1986, or section 2206(4)
                                            ual’s employment by such individual, occurred,          2203(2) of the Public Health Service Act, except       of the Public Health Service Act (42 U.S.C.
                                            and such coverage shall be treated as COBRA             for the voluntary termination of such individ-         300bb–6(4)), with respect to individuals who,
                                            continuation coverage for purposes of the appli-        ual’s employment by such individual; and               during the period described in paragraph (3),
                                            cable COBRA continuation coverage provision.               (B) elects such coverage.                           become entitled to elect COBRA continuation
                                               (ii) REQUIREMENTS.—Any assistance eligible              (4) EXTENSION OF ELECTION PERIOD AND EF-            coverage, the requirements of such provisions
                                            individual may elect to enroll in different cov-        FECT ON COVERAGE.—                                     shall not be treated as met unless such notices
                                            erage as described in clause (i) only if—                  (A) IN GENERAL.—For purposes of applying            include an additional written notification to the
                                               (I) the employer involved has made a deter-          section 605(a) of the Employee Retirement In-          recipient in clear and understandable language
                                            mination that such employer will permit such            come Security Act of 1974, section 4980B(f)(5)(A)      of—
                                            assistance eligible individual to enroll in dif-        of the Internal Revenue Code of 1986, and sec-            (I) the availability of premium assistance with
                                            ferent coverage as provided under this subpara-         tion 2205(a) of the Public Health Service Act, in      respect to such coverage under this subsection;
                                            graph;                                                  the case of—                                           and
                                               (II) the premium for such different coverage            (i) an individual who does not have an elec-
                                                                                                                                                              (II) the option to enroll in different coverage
                                            does not exceed the premium for coverage in             tion of COBRA continuation coverage in effect
                                                                                                                                                           if the employer permits assistance eligible indi-
                                            which such individual was enrolled at the time          on the first day of the first month beginning
                                                                                                                                                           viduals described in paragraph (3) to elect en-
                                            such qualifying event occurred;                         after the date of the enactment of this Act but
                                                                                                                                                           rollment in different coverage (as described in
                                               (III) the different coverage in which the indi-      who would be an assistance eligible individual
                                                                                                                                                           paragraph (1)(B)).
                                            vidual elects to enroll is coverage that is also of-    described in paragraph (3) if such election were
                                                                                                                                                              (ii) ALTERNATIVE NOTICE.—In the case of
                                            fered to similarly situated active employees of         so in effect; or
                                                                                                       (ii) an individual who elected COBRA con-           COBRA continuation coverage to which the no-
                                            the employer at the time at which such election                                                                tice provision under such sections does not
                                            is made; and                                            tinuation coverage and discontinued from such
                                                                                                    coverage before the first day of the first month       apply, the Secretary of Labor, in consultation
                                               (IV) the different coverage in which the indi-                                                              with the Secretary of the Treasury and the Sec-
                                            vidual elects to enroll is not—                         beginning after the date of the enactment of this
                                                                                                    Act,                                                   retary of Health and Human Services, shall, in
                                               (aa) coverage that provides only excepted ben-                                                              consultation with administrators of the group
                                            efits as defined in section 9832(c) of the Internal     such individual may elect the COBRA continu-
                                                                                                    ation coverage under the COBRA continuation            health plans (or other entities) that provide or
                                            Revenue Code of 1986, section 733(c) of the Em-                                                                administer the COBRA continuation coverage
                                            ployee Retirement Income Security Act of 1974,          coverage provisions containing such provisions
                                                                                                    during the period beginning on the first day of        involved, provide rules requiring the provision
                                            and section 2791(c) of the Public Health Service                                                               of such notice.
                                            Act;                                                    the first month beginning after the date of the
                                                                                                    enactment of this Act and ending 60 days after            (iii) FORM.—The requirement of the additional
                                               (bb) a qualified small employer health reim-
                                                                                                    the date on which the notification required            notification under this subparagraph may be
                                            bursement arrangement (as defined in section
                                                                                                    under paragraph (6)(C) is provided to such indi-       met by amendment of existing notice forms or by
                                            9831(d)(2) of the Internal Revenue Code of 1986);
                                                                                                    vidual.                                                inclusion of a separate document with the no-
                                            or
                                                                                                       (B) COMMENCEMENT OF COBRA CONTINUATION              tice otherwise required.
                                               (cc) a flexible spending arrangement (as de-
                                                                                                    COVERAGE.—Any COBRA continuation coverage                 (B) SPECIFIC REQUIREMENTS.—Each additional
                                            fined in section 106(c)(2) of the Internal Rev-
                                                                                                    elected by a qualified beneficiary during an ex-       notification under subparagraph (A) shall in-
                                            enue Code of 1986).
                                               (2) LIMITATION OF PERIOD OF PREMIUM ASSIST-          tended election period under subparagraph              clude—
                                            ANCE.—                                                  (A)—                                                      (i) the forms necessary for establishing eligi-
                                               (A) ELIGIBILITY FOR ADDITIONAL COVERAGE.—               (i) shall commence (including for purposes of       bility for premium assistance under this sub-
                                            Paragraph (1)(A) shall not apply with respect to        applying the treatment of premium payments             section;
                                            any assistance eligible individual described in         under paragraph (1)(A) and any cost-sharing               (ii) the name, address, and telephone number
                                            paragraph (3) for months of coverage beginning          requirements for items and services under a            necessary to contact the plan administrator and
                                            on or after the earlier of—                             group health plan) with the first period of cov-       any other person maintaining relevant informa-
                                               (i) the first date that such individual is eligi-    erage beginning on or after the first day of the       tion in connection with such premium assist-
                                            ble for coverage under any other group health           first month beginning after the date of the en-        ance;
                                            plan (other than coverage consisting of only ex-        actment of this Act, and                                  (iii) a description of the extended election pe-
                                            cepted benefits (as defined in section 9832(c) of          (ii) shall not extend beyond the period of          riod provided for in paragraph (4)(A);
                                            the Internal Revenue Code of 1986, section              COBRA continuation coverage that would have               (iv) a description of the obligation of the
                                            733(c) of the Employee Retirement Income Secu-          been required under the applicable COBRA con-          qualified beneficiary under paragraph (2)(B)
                                            rity Act of 1974, and section 2791(c) of the Public     tinuation coverage provision if the coverage had       and the penalty provided under section 6720C of
                                            Health Service Act), coverage under a flexible          been elected as required under such provision.         the Internal Revenue Code of 1986 for failure to
                                            spending arrangement (as defined in section                (5) EXPEDITED REVIEW OF DENIALS OF PRE-             carry out the obligation;
                                            106(c)(2) of the Internal Revenue Code of 1986),        MIUM ASSISTANCE.—In any case in which an in-              (v) a description, displayed in a prominent
                                            coverage under a qualified small employer               dividual requests treatment as an assistance eli-      manner, of the qualified beneficiary’s right to a
                                            health reimbursement arrangement (as defined            gible individual described in paragraph (3) and        reduced premium and any conditions on entitle-
                                            in section 9831(d)(2) of the Internal Revenue           is denied such treatment by the group health           ment to the reduced premium; and
                                            Code of 1986)), or eligible for benefits under the      plan, the Secretary of Labor (or the Secretary of         (vi) a description of the option of the qualified
                                            Medicare program under title XVIII of the So-           Health and Human Services in connection with           beneficiary to enroll in different coverage if the
                                            cial Security Act; or                                   COBRA continuation coverage which is pro-              employer permits such beneficiary to elect to en-
                                               (ii) the earlier of—                                 vided other than pursuant to part 6 of subtitle        roll in such different coverage under paragraph
                                               (I) the date following the expiration of the         B of title I of the Employee Retirement Income         (1)(B).
                                            maximum period of continuation coverage re-             Security Act of 1974), in consultation with the           (C) NOTICE IN CONNECTION WITH EXTENDED
                                            quired under the applicable COBRA continu-              Secretary of the Treasury, shall provide for ex-       ELECTION PERIODS.—In the case of any assist-
                                            ation coverage provision; or                            pedited review of such denial. An individual           ance eligible individual described in paragraph
                                               (II) the date following the expiration of the        shall be entitled to such review upon applica-         (3) (or any individual described in paragraph




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                                            period of continuation coverage allowed under           tion to such Secretary in such form and manner         (4)(A)) who became entitled to elect COBRA
                                            paragraph (4)(B)(ii).                                   as shall be provided by such Secretary, in con-        continuation coverage before the first day of the
                                               (B) NOTIFICATION REQUIREMENT.—Any assist-            sultation with the Secretary of the Treasury.          first month beginning after the date of the en-
                                            ance eligible individual shall notify the group         Such Secretary shall make a determination re-          actment of this Act, the administrator of the ap-
                                            health plan with respect to which paragraph             garding such individual’s eligibility within 15        plicable group health plan (or other entity)
                                            (1)(A) applies if such paragraph ceases to apply        business days after receipt of such individual’s       shall provide (within 60 days after such first




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                                            H816                                              CONGRESSIONAL RECORD — HOUSE                                                       February 26, 2021
                                            day of such first month) for the additional noti-       (6)(C). Information on such premium assistance,        against the tax imposed by section 3111(b), or so
                                            fication required to be provided under subpara-         including enrollment, shall also be made avail-        much of the taxes imposed under section 3221(a)
                                            graph (A) and failure to provide such notice            able on websites of the Departments of Labor,          as are attributable to the rate in effect under
                                            shall be treated as a failure to meet the notice        Treasury, and Health and Human Services.               section 3111(b), for each calendar quarter an
                                            requirements under the applicable COBRA con-               (B) ENROLLMENT UNDER MEDICARE.—The Sec-             amount equal to the premiums not paid by as-
                                            tinuation provision.                                    retary of Health and Human Services shall pro-         sistance eligible individuals for such coverage by
                                               (D) MODEL NOTICES.—Not later than 30 days            vide outreach consisting of public education.          reason of such section 9501(a)(1) with respect to
                                            after the date of enactment of this Act, with re-       Such outreach shall target individuals who lose        such calendar quarter.
                                            spect to any assistance eligible individual de-         health insurance coverage. Such outreach shall            ‘‘(b) PERSON TO WHOM PREMIUMS ARE PAY-
                                            scribed in paragraph (3), the Secretary of Labor,       include information regarding enrollment for           ABLE.—For purposes of subsection (a), except as
                                            in consultation with the Secretary of the Treas-        Medicare benefits for purposes of preventing           otherwise provided by the Secretary, the person
                                            ury and the Secretary of Health and Human               mistaken delays of such enrollment by such in-         to whom premiums are payable under such con-
                                            Services, shall prescribe models for the addi-          dividuals, including lifetime penalties for failure    tinuation coverage shall be treated as being—
                                            tional notification required under this para-           of timely enrollment.                                     ‘‘(1) in the case of any group health plan
                                            graph.                                                     (10) DEFINITIONS.—For purposes of this sec-         which is a multiemployer plan (as defined in
                                               (7) NOTICE OF EXPIRATION OF PERIOD OF PRE-           tion:                                                  section 3(37) of the Employee Retirement Income
                                            MIUM ASSISTANCE.—                                          (A) ADMINISTRATOR.—The term ‘‘adminis-              Security Act of 1974), the plan,
                                               (A) IN GENERAL.—With respect to any assist-          trator’’ has the meaning given such term in sec-          ‘‘(2) in the case of any group health plan not
                                            ance eligible individual, subject to subpara-           tion 3(16)(A) of the Employee Retirement Income        described in paragraph (1)—
                                            graph (B), the requirements of section 606(a)(4)        Security Act of 1974.                                     ‘‘(A) which is subject to the COBRA continu-
                                            of the Employee Retirement Income Security Act             (B) COBRA CONTINUATION COVERAGE.—The                ation provisions contained in—
                                            of 1974 (29 U.S.C. 1166(4)), section 4980B(f)(6)(D)     term ‘‘COBRA continuation coverage’’ means                ‘‘(i) the Internal Revenue Code of 1986,
                                            of the Internal Revenue Code of 1986, or section        continuation coverage provided pursuant to                ‘‘(ii) the Employee Retirement Income Security
                                            2206(4) of the Public Health Service Act (42            part 6 of subtitle B of title I of the Employee Re-    Act of 1974, or
                                            U.S.C. 300bb–6(4)), shall not be treated as met         tirement Income Security Act of 1974 (other than          ‘‘(iii) the Public Health Service Act, or
                                            unless the plan administrator of the individual,        under section 609), title XXII of the Public              ‘‘(B) under which some or all of the coverage
                                            during the period specified under subparagraph          Health Service Act, or section 4980B of the In-        is not provided by insurance,
                                            (C), provides to such individual a written notice       ternal Revenue Code of 1986 (other than sub-           the employer maintaining the plan, and
                                            in clear and understandable language—                   section (f)(1) of such section insofar as it relates      ‘‘(3) in the case of any group health plan not
                                               (i) that the premium assistance for such indi-       to pediatric vaccines), or under a State program       described in paragraph (1) or (2), the insurer
                                            vidual will expire soon and the prominent iden-         that provides comparable continuation coverage.        providing the coverage under the group health
                                            tification of the date of such expiration; and          Such term does not include coverage under a            plan.
                                               (ii) that such individual may be eligible for        health flexible spending arrangement under a              ‘‘(c) LIMITATIONS AND REFUNDABILITY.—
                                            coverage without any premium assistance                 cafeteria plan within the meaning of section 125          ‘‘(1) CREDIT LIMITED TO CERTAIN EMPLOYMENT
                                            through—                                                of the Internal Revenue Code of 1986.                  TAXES.—The credit allowed by subsection (a)
                                               (I) COBRA continuation coverage; or                     (C) COBRA CONTINUATION PROVISION.—The               with respect to any calendar quarter shall not
                                               (II) coverage under a group health plan.             term ‘‘COBRA continuation provision’’ means            exceed the tax imposed by section 3111(b), or so
                                               (B) EXCEPTION.—The requirement for the               the provisions of law described in subparagraph        much of the taxes imposed under section 3221(a)
                                            group health plan administrator to provide the          (B).                                                   as are attributable to the rate in effect under
                                            written notice under subparagraph (A) shall be             (D) COVERED EMPLOYEE.—The term ‘‘covered            section 3111(b), for such calendar quarter (re-
                                            waived if the premium assistance for such indi-         employee’’ has the meaning given such term in          duced by any credits allowed against such taxes
                                            vidual expires pursuant to clause (i) of para-          section 607(2) of the Employee Retirement In-          under sections 3131, 3132, and 3134 on the wages
                                            graph (2)(A).                                           come Security Act of 1974.                             paid with respect to the employment of all em-
                                               (C) PERIOD SPECIFIED.—For purposes of sub-              (E)   QUALIFIED      BENEFICIARY.—The       term    ployees of the employer.
                                            paragraph (A), the period specified in this sub-        ‘‘qualified beneficiary’’ has the meaning given           ‘‘(2) REFUNDABILITY OF EXCESS CREDIT.—
                                            paragraph is, with respect to the date of expira-       such term in section 607(3) of the Employee Re-           ‘‘(A) CREDIT IS REFUNDABLE.—If the amount
                                            tion of premium assistance for any assistance el-       tirement Income Security Act of 1974.                  of the credit under subsection (a) exceeds the
                                            igible individual pursuant to a limitation requir-         (F) GROUP HEALTH PLAN.—The term ‘‘group             limitation of paragraph (1) for any calendar
                                            ing a notice under this paragraph, the period           health plan’’ has the meaning given such term          quarter, such excess shall be treated as an over-
                                            beginning on the day that is 45 days before the         in section 607(1) of the Employee Retirement In-       payment that shall be refunded under sections
                                            date of such expiration and ending on the day           come Security Act of 1974.                             6402(a) and 6413(b).
                                            that is 15 days before the date of such expira-            (G) STATE.—The term ‘‘State’’ includes the             ‘‘(B) CREDIT MAY BE ADVANCED.—In anticipa-
                                            tion.                                                   District of Columbia, the Commonwealth of              tion of the credit, including the refundable por-
                                               (D) MODEL NOTICES.—Not later than 45 days            Puerto Rico, the Virgin Islands, Guam, Amer-           tion under subparagraph (A), the credit may be
                                            after the date of enactment of this Act, with re-       ican Samoa, and the Commonwealth of the                advanced, according to forms and instructions
                                            spect to any assistance eligible individual, the        Northern Mariana Islands.                              provided by the Secretary, up to an amount cal-
                                            Secretary of Labor, in consultation with the               (H) PERIOD OF COVERAGE.—Any reference in            culated under subsection (a) through the end of
                                            Secretary of the Treasury and the Secretary of          this subsection to a period of coverage shall be       the most recent payroll period in the quarter.
                                            Health and Human Services, shall prescribe              treated as a reference to a monthly or shorter            ‘‘(C) TREATMENT OF DEPOSITS.—The Secretary
                                            models for the notification required under this         period of coverage with respect to which pre-          shall waive any penalty under section 6656 for
                                            paragraph.                                              miums are charged with respect to such cov-            any failure to make a deposit of the tax imposed
                                               (8) REGULATIONS.—The Secretary of the                erage.                                                 by section 3111(b), or so much of the taxes im-
                                            Treasury and the Secretary of Labor may joint-             (I) PLAN SPONSOR.—The term ‘‘plan sponsor’’         posed under section 3221(a) as are attributable
                                            ly prescribe such regulations or other guidance         has the meaning given such term in section             to the rate in effect under section 3111(b), if the
                                            as may be necessary or appropriate to carry out         3(16)(B) of the Employee Retirement Income Se-         Secretary determines that such failure was due
                                            the provisions of this subsection, including the        curity Act of 1974.                                    to the anticipation of the credit allowed under
                                            prevention of fraud and abuse under this sub-              (J) PREMIUM.—The term ‘‘premium’’ includes,         this section.
                                            section, except that the Secretary of Labor and         with respect to COBRA continuation coverage,              ‘‘(D) TREATMENT OF PAYMENTS.—For purposes
                                            the Secretary of Health and Human Services              any administrative fee.                                of section 1324 of title 31, United States Code,
                                            may prescribe such regulations (including in-              (11) IMPLEMENTATION FUNDING.—In addition            any amounts due to an employer under this
                                            terim final regulations) or other guidance as           to amounts otherwise made available, out of any        paragraph shall be treated in the same manner
                                            may be necessary or appropriate to carry out            funds in the Treasury not otherwise appro-             as a refund due from a credit provision referred
                                            the provisions of paragraphs (5), (6), (7), and         priated, there are appropriated to the Secretary       to in subsection (b)(2) of such section.
                                            (9).                                                    of Labor for fiscal year 2021, $10,000,000, to re-        ‘‘(3) OVERSTATEMENTS.—Any overstatement of
                                               (9) OUTREACH.—                                       main available until expended, for the Employee        the credit to which a person is entitled under
                                               (A) IN GENERAL.—The Secretary of Labor, in           Benefits Security Administration to carry out          this section (and any amount paid by the Sec-
                                            consultation with the Secretary of the Treasury         the provisions of this subtitle.                       retary as a result of such overstatement) shall
                                            and the Secretary of Health and Human Serv-                (b) COBRA PREMIUM ASSISTANCE.—                      be treated as an underpayment by such person
                                            ices, shall provide outreach consisting of public          (1) ALLOWANCE OF CREDIT.—                           of the taxes described in paragraph (1) and may
                                            education and enrollment assistance relating to            (A) IN GENERAL.—Subchapter B of chapter 65          be assessed and collected by the Secretary in the
                                            premium assistance provided under this sub-             of the Internal Revenue Code of 1986 is amended        same manner as such taxes.
                                            section. Such outreach shall target employers,          by adding at the end the following new section:           ‘‘(d) GOVERNMENTAL ENTITIES.—For purposes




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                                            group health plan administrators, public assist-        ‘‘SEC. 6432. CONTINUATION COVERAGE PREMIUM             of this section, the term ‘person’ includes the
                                            ance programs, States, insurers, and other enti-                      ASSISTANCE.                              government of any State or political subdivision
                                            ties as determined appropriate by such Secre-              ‘‘(a) IN GENERAL.—The person to whom pre-           thereof, any Indian tribal government (as de-
                                            taries. Such outreach shall include an initial          miums are payable for continuation coverage            fined in section 139E(c)(1)), any agency or in-
                                            focus on those individuals electing continuation        under section 9501(a)(1) of the American Rescue        strumentality of any of the foregoing, and any
                                            coverage who are referred to in paragraph               Plan Act of 2021 shall be allowed as a credit          agency or instrumentality of the Government of




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                                            February 26, 2021                                 CONGRESSIONAL RECORD — HOUSE                                                                            H817
                                            the United States that is described in section          individual elects continuation coverage under             Subtitle G—Promoting Economic Security
                                            501(c)(1) and exempt from taxation under sec-           subsection (a)(1).                                        PART 1—2021 RECOVERY REBATES TO
                                            tion 501(a).                                              (2) PENALTY FOR FAILURE TO NOTIFY HEALTH                            INDIVIDUALS
                                               ‘‘(e) DENIAL OF DOUBLE BENEFIT.—For pur-             PLAN OF CESSATION OF ELIGIBILITY FOR PREMIUM           SEC. 9601. 2021 RECOVERY REBATES TO INDIVID-
                                            poses of chapter 1, the gross income of any per-        ASSISTANCE.—                                                        UALS.
                                            son allowed a credit under this section shall be          (A) IN GENERAL.—Part I of subchapter B of              (a) IN GENERAL.—Subchapter B of chapter 65
                                            increased for the taxable year which includes           chapter 68 of the Internal Revenue Code of 1986        of the Internal Revenue Code of 1986 is amended
                                            the last day of any calendar quarter with re-           is amended by adding at the end the following          by inserting after section 6428A the following
                                            spect to which such credit is allowed by the            new section:                                           new section:
                                            amount of such credit. No credit shall be al-           ‘‘SEC. 6720C. PENALTY FOR FAILURE TO NOTIFY            ‘‘SEC. 6428B. 2021 RECOVERY REBATES TO INDI-
                                            lowed under this section with respect to any                         HEALTH PLAN OF CESSATION OF                            VIDUALS.
                                            amount which is taken into account as qualified                      ELIGIBILITY FOR CONTINUATION                 ‘‘(a) IN GENERAL.—In the case of an eligible
                                            wages under section 2301 of the CARES Act or                         COVERAGE PREMIUM ASSISTANCE.              individual, there shall be allowed as a credit
                                            section 3134 of this title or as qualified health         ‘‘(a) IN GENERAL.—Except in the case of a            against the tax imposed by subtitle A for the
                                            plan expenses under section 7001(d) or 7003(d) of       failure described in subsection (b) or (c), any        first taxable year beginning in 2021 an amount
                                            the Families First Coronavirus Response Act or          person required to notify a group health plan          equal to the 2021 rebate amount determined for
                                            section 3131 or 3132 of this title.                     under section 9501(a)(2)(B) of the American Res-       such taxable year.
                                               ‘‘(f) EXTENSION OF LIMITATION ON ASSESS-             cue Plan Act of 2021 who fails to make such a             ‘‘(b) 2021 REBATE AMOUNT.—For purposes of
                                            MENT.—Notwithstanding section 6501, the limi-           notification at such time and in such manner as        this section, the term ‘2021 rebate amount’
                                            tation on the time period for the assessment of         the Secretary of Labor may require shall pay a         means, with respect to any taxpayer for any
                                            any amount attributable to a credit claimed             penalty of $250 for each such failure.                 taxable year, the sum of—
                                            under this section shall not expire before the            ‘‘(b) INTENTIONAL FAILURE.—In the case of               ‘‘(1) $1,400 ($2,800 in the case of a joint re-
                                            date that is 5 years after the later of—                any such failure that is fraudulent, such person       turn), plus
                                               ‘‘(1) the date on which the original return          shall pay a penalty equal to the greater of—              ‘‘(2) $1,400 multiplied by the number of de-
                                            which includes the calendar quarter with re-              ‘‘(1) $250, or                                       pendents of the taxpayer for such taxable year.
                                            spect to which such credit is determined is filed,                                                                ‘‘(c) ELIGIBLE INDIVIDUAL.—For purposes of
                                                                                                      ‘‘(2) 110 percent of the premium assistance
                                            or                                                                                                             this section, the term ‘eligible individual’ means
                                                                                                    provided under section 9501(a)(1)(A) of the
                                               ‘‘(2) the date on which such return is treated                                                              any individual other than—
                                                                                                    American Rescue Plan Act of 2021 after termi-
                                            as filed under section 6501(b)(2).                                                                                ‘‘(1) any nonresident alien individual,
                                                                                                    nation of eligibility under such section.
                                               ‘‘(g) REGULATIONS.—The Secretary shall issue                                                                   ‘‘(2) any individual who is a dependent of an-
                                            such regulations, or other guidance, forms, in-           ‘‘(c) REASONABLE CAUSE EXCEPTION.—No pen-
                                                                                                                                                           other taxpayer for a taxable year beginning in
                                            structions, and publications, as may be nec-            alty shall be imposed under this section with re-
                                                                                                                                                           the calendar year in which the individual’s tax-
                                            essary or appropriate to carry out this section,        spect to any failure if it is shown that such fail-
                                                                                                                                                           able year begins, and
                                            including—                                              ure is due to reasonable cause and not to willful
                                                                                                                                                              ‘‘(3) an estate or trust.
                                               ‘‘(1) the requirement to report information or       neglect.’’.                                               ‘‘(d) LIMITATION BASED ON ADJUSTED GROSS
                                            the establishment of other methods for verifying          (B) CLERICAL AMENDMENT.—The table of sec-            INCOME.—
                                            the correct amounts of reimbursements under             tions of part I of subchapter B of chapter 68 of          ‘‘(1) IN GENERAL.—The amount of the credit
                                            this section,                                           such Code is amended by adding at the end the          allowed by subsection (a) (determined without
                                               ‘‘(2) the application of this section to group       following new item:                                    regard to this subsection and subsection (f))
                                            health plans that are multiemployer plans (as           ‘‘Sec. 6720C. Penalty for failure to notify health     shall be reduced (but not below zero) by the
                                            defined in section 3(37) of the Employee Retire-                       plan of cessation of eligibility for    amount which bears the same ratio to such cred-
                                            ment Income Security Act of 1974),                                     continuation coverage premium           it (as so determined) as—
                                               ‘‘(3) to allow the advance payment of the                           assistance.’’.                             ‘‘(A) the excess of—
                                            credit determined under subsection (a), subject            (3) COORDINATION WITH HCTC.—                           ‘‘(i) the taxpayer’s adjusted gross income for
                                            to the limitations provided in this section, based         (A) IN GENERAL.—Section 35(g)(9) of the Inter-      such taxable year, over
                                            on such information as the Secretary shall re-          nal Revenue Code of 1986 is amended to read as            ‘‘(ii) $75,000, bears to
                                            quire,                                                  follows:                                                  ‘‘(B) $25,000.
                                               ‘‘(4) to provide for the reconciliation of such                                                                ‘‘(2) SPECIAL RULES.—
                                                                                                       ‘‘(9) CONTINUATION COVERAGE PREMIUM AS-                ‘‘(A) JOINT RETURN OR SURVIVING SPOUSE.—In
                                            advance payment with the amount of the credit           SISTANCE.—In the case of an assistance eligible
                                            at the time of filing the return of tax for the ap-                                                            the case of a joint return or a surviving spouse
                                                                                                    individual who receives premium assistance for         (as defined in section 2(a)), paragraph (1) shall
                                            plicable quarter or taxable year, and                   continuation coverage under section 9501(a)(1)
                                               ‘‘(5) allowing the credit to third party payors                                                             be applied by substituting ‘$150,000’ for ‘$75,000’
                                                                                                    of the American Rescue Plan Act of 2021 for any        and ‘$50,000’ for ‘$25,000’.
                                            (including professional employer organizations,         month during the taxable year, such individual
                                            certified professional employer organizations, or                                                                 ‘‘(B) HEAD OF HOUSEHOLD.—In the case of a
                                                                                                    shall not be treated as an eligible individual, a      head of household (as defined in section 2(b)),
                                            agents under section 3504).’’.                          certified individual, or a qualifying family mem-
                                               (B) CLERICAL AMENDMENT.—The table of sec-                                                                   paragraph (1) shall be applied by substituting
                                                                                                    ber for purposes of this section or section 7527       ‘$112,500’ for ‘$75,000’ and ‘$37,500’ for ‘$25,000’.
                                            tions for subchapter B of chapter 65 of the In-         with respect to such month.’’.
                                            ternal Revenue Code of 1986 is amended by add-                                                                    ‘‘(e) DEFINITIONS AND SPECIAL RULES.—
                                                                                                       (B) EFFECTIVE DATE.—The amendment made                 ‘‘(1) DEPENDENT DEFINED.—For purposes of
                                            ing at the end the following new item:                  by subparagraph (A) shall apply to taxable             this section, the term ‘dependent’ has the mean-
                                            ‘‘Sec. 6432. Continuation coverage premium as-          years ending after the date of the enactment of        ing given such term by section 152.
                                                            sistance.’’.                            this Act.                                                 ‘‘(2) IDENTIFICATION NUMBER REQUIREMENT.—
                                               (C) EFFECTIVE DATE.—The amendments made                 (4) EXCLUSION OF CONTINUATION COVERAGE                 ‘‘(A) IN GENERAL.—In the case of a return
                                            by this paragraph shall apply to premiums to            PREMIUM ASSISTANCE FROM GROSS INCOME.—                 other than a joint return, the $1,400 amount in
                                            which subsection (a)(1)(A) applies and wages               (A) IN GENERAL.—Part III of subchapter B of         subsection (b)(1) shall be treated as being zero
                                            paid on or after April 1, 2021.                         chapter 1 of the Internal Revenue Code of 1986         unless the taxpayer includes the valid identi-
                                               (D) SPECIAL RULE IN CASE OF EMPLOYEE PAY-            is amended by inserting after section 139H the         fication number of the taxpayer on the return of
                                            MENT THAT IS NOT REQUIRED UNDER THIS SEC-               following new section:                                 tax for the taxable year.
                                            TION.—                                                                                                            ‘‘(B) JOINT RETURNS.—In the case of a joint
                                                                                                    ‘‘SEC. 139I. CONTINUATION COVERAGE PREMIUM
                                               (i) IN GENERAL.—In the case of an assistance                       ASSISTANCE.                              return, the $2,800 amount in subsection (b)(1)
                                            eligible individual who pays, with respect any                                                                 shall be treated as being—
                                                                                                       ‘‘In the case of an assistance eligible indi-
                                            period of coverage to which subsection (a)(1)(A)                                                                  ‘‘(i) $1,400 if the valid identification number of
                                                                                                    vidual (as defined in subsection (a)(3) of section
                                            applies, the amount of the premium for such                                                                    only 1 spouse is included on the return of tax
                                                                                                    9501 of the American Rescue Plan Act of 2021),
                                            coverage that the individual would have (but                                                                   for the taxable year, and
                                                                                                    gross income does not include any premium as-
                                            for this Act) been required to pay, the person to                                                                 ‘‘(ii) zero if the valid identification number of
                                                                                                    sistance provided under subsection (a)(1) of
                                            whom such payment is payable shall reimburse                                                                   neither spouse is so included.
                                                                                                    such section.’’.
                                            such individual for the amount of such premium                                                                    ‘‘(C) DEPENDENTS.—A dependent shall not be
                                            paid in excess of the amount required to be paid           (B) CLERICAL AMENDMENT.—The table of sec-
                                                                                                                                                           taken into account under subsection (b)(2) un-
                                            under subsection (a)(1)(A).                             tions for part III of subchapter B of chapter 1
                                                                                                                                                           less the valid identification number of such de-
                                               (ii) CREDIT OF REIMBURSEMENT.—A person to            of such Code is amended by inserting after the
                                                                                                                                                           pendent is included on the return of tax for the
                                            which clause (i) applies shall be allowed a credit      item relating to section 139H the following new
                                                                                                                                                           taxable year.
                                            in the manner provided under section 6432 of the        item:                                                     ‘‘(D) VALID IDENTIFICATION NUMBER.—




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                                            Internal Revenue Code of 1986 for any payment           ‘‘Sec. 139I. Continuation coverage premium as-            ‘‘(i) IN GENERAL.—For purposes of this para-
                                            made to the employee under such clause.                                sistance.’’.                            graph, the term ‘valid identification number’
                                               (iii) PAYMENT OF CREDITS.—Any person to                 (C) EFFECTIVE DATE.—The amendments made             means a social security number issued to an in-
                                            which clause (i) applies shall make the payment         by this paragraph shall apply to taxable years         dividual by the Social Security Administration
                                            required under such clause to the individual not        ending after the date of the enactment of this         on or before the due date for filing the return
                                            later than 60 days after the date on which such         Act.                                                   for the taxable year.




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                                            H818                                              CONGRESSIONAL RECORD — HOUSE                                                       February 26, 2021
                                              ‘‘(ii) ADOPTION TAXPAYER IDENTIFICATION               for the taxable year for purposes of applying          increase in the balance of any previously issued
                                            NUMBER.—For purposes of subparagraph (C), in            subsection (e)(2)(B) with respect to such joint        prepaid debit card if, as of the time of the
                                            the case of a dependent who is adopted or               return, and                                            issuance of such card, such card was issued
                                            placed for adoption, the term ‘valid identifica-           ‘‘(iii) no amount shall be determined under         solely for purposes of making payments under
                                            tion number’ shall include the adoption tax-            subsection (e)(2) with respect to any dependent        section 6428 or 6428A.
                                            payer identification number of such dependent.          of the taxpayer if the taxpayer (both spouses in          ‘‘(h) REGULATIONS.—The Secretary shall pre-
                                               ‘‘(E) SPECIAL RULE FOR MEMBERS OF THE                the case of a joint return) was deceased before        scribe such regulations or other guidance as
                                            ARMED FORCES.—Subparagraph (B) shall not                January 1, 2021.                                       may be necessary or appropriate to carry out
                                            apply in the case where at least 1 spouse was a            ‘‘(3) TIMING AND MANNER OF PAYMENTS.—The            the purposes of this section, including—
                                            member of the Armed Forces of the United                Secretary shall, subject to the provisions of this        ‘‘(1) regulations or other guidance providing
                                            States at any time during the taxable year and          title and consistent with rules similar to the         taxpayers the opportunity to provide the Sec-
                                            the valid identification number of at least 1           rules of subparagraphs (B) and (C) of section          retary information sufficient to allow the Sec-
                                            spouse is included on the return of tax for the         6428A(f)(3), refund or credit any overpayment          retary to make payments to such taxpayers
                                            taxable year.                                           attributable to this subsection as rapidly as pos-     under subsection (g) (including the determina-
                                               ‘‘(F) COORDINATION WITH CERTAIN ADVANCE              sible, consistent with a rapid effort to make pay-     tion of the amount of such payment) if such in-
                                            PAYMENTS.—In the case of any payment deter-             ments attributable to such overpayments elec-          formation is not otherwise available to the Sec-
                                            mined pursuant to subsection (g)(6), a valid            tronically if appropriate. No refund or credit         retary, and
                                            identification number shall be treated for pur-         shall be made or allowed under this subsection            ‘‘(2) regulations or other guidance to ensure to
                                            poses of this paragraph as included on the tax-         after December 31, 2021.                               the maximum extent administratively prac-
                                            payer’s return of tax if such valid identification         ‘‘(4) NO INTEREST.—No interest shall be al-         ticable that, in determining the amount of any
                                            number is available to the Secretary as described       lowed on any overpayment attributable to this          credit under subsection (a) and any credit or re-
                                            in such subsection.                                     subsection.                                            fund under subsection (g), an individual is not
                                               ‘‘(G) MATHEMATICAL OR CLERICAL ERROR AU-                ‘‘(5) APPLICATION TO INDIVIDUALS WHO HAVE           taken into account more than once, including
                                            THORITY.—Any omission of a correct valid iden-          FILED A RETURN OF TAX FOR 2020.—                       by different taxpayers and including by reason
                                            tification number required under this paragraph            ‘‘(A) APPLICATION TO 2020 RETURNS FILED AT          of a change in joint return status or dependent
                                            shall be treated as a mathematical or clerical          TIME OF INITIAL DETERMINATION.—If, at the time         status between the taxable year for which an
                                            error for purposes of applying section 6213(g)(2)       of any determination made pursuant to para-            advance refund amount is determined and the
                                            to such omission.                                       graph (3), the individual referred to in para-         taxable year for which a credit under subsection
                                               ‘‘(3) CREDIT TREATED AS REFUNDABLE.—The              graph (1) has filed a return of tax for the indi-      (a) is determined.
                                            credit allowed by subsection (a) shall be treated       vidual’s first taxable year beginning in 2020,            ‘‘(i) OUTREACH.—The Secretary shall carry
                                            as allowed by subpart C of part IV of sub-              paragraph (1) shall be applied with respect to         out a robust and comprehensive outreach pro-
                                            chapter A of chapter 1.                                 such individual by substituting ‘2020’ for ‘2019’.     gram to ensure that all taxpayers described in
                                               ‘‘(f) COORDINATION WITH ADVANCE REFUNDS                 ‘‘(B) ADDITIONAL PAYMENT.—                          subsection (h)(1) learn of their eligibility for the
                                            OF CREDIT.—                                                ‘‘(i) IN GENERAL.—In the case of any indi-          advance refunds and credits under subsection
                                               ‘‘(1) REDUCTION OF REFUNDABLE CREDIT.—The            vidual who files, before the additional payment        (g); are advised of the opportunity to receive
                                            amount of the credit which would (but for this          determination date, a return of tax for such in-       such advance refunds and credits as provided
                                            paragraph) be allowable under subsection (a)            dividual’s first taxable year beginning in 2020,       under subsection (h)(1); and are provided assist-
                                            shall be reduced (but not below zero) by the ag-        the Secretary shall make a payment (in addition        ance in applying for such advance refunds and
                                            gregate refunds and credits made or allowed to          to any payment made under paragraph (1)) to            credits.’’.
                                            the taxpayer (or, except as otherwise provided          such individual equal to the excess (if any) of—          (b) TREATMENT OF CERTAIN POSSESSIONS.—
                                            by the Secretary, any dependent of the tax-                ‘‘(I) the amount which would be determined             (1) PAYMENTS TO POSSESSIONS WITH MIRROR
                                            payer) under subsection (g). Any failure to so          under paragraph (1) (after the application of          CODE TAX SYSTEMS.—The Secretary of the Treas-
                                            reduce the credit shall be treated as arising out       subparagraph (A)) by applying paragraph (1) as         ury shall pay to each possession of the United
                                            of a mathematical or clerical error and assessed        of the additional payment determination date,          States which has a mirror code tax system
                                            according to section 6213(b)(1).                        over                                                   amounts equal to the loss (if any) to that posses-
                                               ‘‘(2) JOINT RETURNS.—Except as otherwise pro-           ‘‘(II) the amount of any payment made with          sion by reason of the amendments made by this
                                            vided by the Secretary, in the case of a refund         respect to such individual under paragraph (1).        section. Such amounts shall be determined by
                                            or credit made or allowed under subsection (g)             ‘‘(ii) ADDITIONAL PAYMENT DETERMINATION             the Secretary of the Treasury based on informa-
                                            with respect to a joint return, half of such re-        DATE.—The term ‘additional payment deter-              tion provided by the government of the respec-
                                            fund or credit shall be treated as having been          mination date’ means the earlier of—                   tive possession.
                                            made or allowed to each individual filing such             ‘‘(I) the date which is 90 days after the 2020         (2) PAYMENTS TO OTHER POSSESSIONS.—The
                                            return.                                                 calendar year filing deadline, or                      Secretary of the Treasury shall pay to each pos-
                                               ‘‘(g) ADVANCE REFUNDS AND CREDITS.—                     ‘‘(II) September 1, 2021.                           session of the United States which does not have
                                               ‘‘(1) IN GENERAL.—Subject to paragraphs (5)             ‘‘(iii) 2020 CALENDAR YEAR FILING DEADLINE.—        a mirror code tax system amounts estimated by
                                            and (6), each individual who was an eligible in-        The term ‘2020 calendar year filing deadline’          the Secretary of the Treasury as being equal to
                                            dividual for such individual’s first taxable year       means the date specified in section 6072(a) with       the aggregate benefits (if any) that would have
                                            beginning in 2019 shall be treated as having            respect to returns for calendar year 2020. Such        been provided to residents of such possession by
                                            made a payment against the tax imposed by               date shall be determined after taking into ac-         reason of the amendments made by this section
                                            chapter 1 for such taxable year in an amount            count any period disregarded under section             if a mirror code tax system had been in effect in
                                            equal to the advance refund amount for such             7508A if such disregard applies to substantially       such possession. The preceding sentence shall
                                            taxable year.                                           all returns for calendar year 2020 to which sec-       not apply unless the respective possession has a
                                               ‘‘(2) ADVANCE REFUND AMOUNT.—                        tion 6072(a) applies.                                  plan, which has been approved by the Secretary
                                               ‘‘(A) IN GENERAL.—For purposes of paragraph             ‘‘(6) APPLICATION TO CERTAIN INDIVIDUALS            of the Treasury, under which such possession
                                            (1), the advance refund amount is the amount            WHO HAVE NOT FILED A RETURN OF TAX FOR 2019            will promptly distribute such payments to its
                                            that would have been allowed as a credit under          OR 2020 AT TIME OF DETERMINATION.—In the case          residents.
                                            this section for such taxable year if this section      of any individual who, at the time of any deter-          (3) INCLUSION OF ADMINISTRATIVE EXPENSES.—
                                            (other than subsection (f) and this subsection)         mination made pursuant to paragraph (3), has           The Secretary of the Treasury shall pay to each
                                            had applied to such taxable year.                       filed a tax return for neither the year described      possession of the United States to which the
                                               ‘‘(B) TREATMENT OF DECEASED INDIVIDUALS.—            in paragraph (1) nor for the year described in         Secretary makes a payment under paragraph (1)
                                            For purposes of determining the advance refund          paragraph (5)(A), the Secretary shall, consistent      or (2) an amount equal to the lesser of—
                                            amount with respect to such taxable year—               with rules similar to the rules of section                (A) the increase (if any) of the administrative
                                               ‘‘(i) any individual who was deceased before         6428A(f)(5)(H)(i), apply paragraph (1) on the          expenses of such possession—
                                            January 1, 2021, shall be treated for purposes of       basis of information available to the Secretary           (i) in the case of a possession described in
                                            applying subsection (e)(2) in the same manner           and shall, on the basis of such information, de-       paragraph (1), by reason of the amendments
                                            as if the valid identification number of such per-      termine the advance refund amount with respect         made by this section, and
                                            son was not included on the return of tax for           to such individual without regard to subsection           (ii) in the case of a possession described in
                                            such taxable year (except that subparagraph (E)         (d) unless the Secretary has reason to know that       paragraph (2), by reason of carrying out the
                                            thereof shall not apply),                               such amount would otherwise be reduced by              plan described in such paragraph, or
                                               ‘‘(ii) notwithstanding clause (i), in the case of    reason of such subsection.                                (B) $500,000 ($10,000,000 in the case of Puerto
                                            a joint return with respect to which only 1                ‘‘(7) SPECIAL RULE RELATED TO TIME OF FILING        Rico).
                                            spouse is deceased before January 1, 2021, such         RETURN.—Solely for purposes of this subsection,        The amount described in subparagraph (A) shall
                                            deceased spouse was a member of the Armed               a return of tax shall not be treated as filed until    be determined by the Secretary of the Treasury




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                                            Forces of the United States at any time during          such return has been processed by the Internal         based on information provided by the govern-
                                            the taxable year, and the valid identification          Revenue Service.                                       ment of the respective possession.
                                            number of such deceased spouse is included on              ‘‘(8) RESTRICTION ON USE OF CERTAIN PRE-               (4) COORDINATION WITH CREDIT ALLOWED
                                            the return of tax for the taxable year, the valid       VIOUSLY ISSUED PREPAID DEBIT CARDS.—Pay-               AGAINST UNITED STATES INCOME TAXES.—No
                                            identification number of 1 (and only 1) spouse          ments made by the Secretary to individuals             credit shall be allowed against United States in-
                                            shall be treated as included on the return of tax       under this section shall not be in the form of an      come taxes under section 6428B of the Internal




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                                            February 26, 2021                                 CONGRESSIONAL RECORD — HOUSE                                                                          H819
                                            Revenue Code of 1986 (as added by this section),                 PART 2—CHILD TAX CREDIT                         (b) ADVANCE PAYMENT OF CREDIT.—
                                            nor shall any credit or refund be made or al-           SEC. 9611. CHILD TAX CREDIT IMPROVEMENTS                 (1) IN GENERAL.—Chapter 77 of such Code is
                                            lowed under subsection (g) of such section, to                      FOR 2021.                                  amended by inserting after section 7527 the fol-
                                            any person—                                               (a) IN GENERAL.—Section 24 of the Internal           lowing new section:
                                               (A) to whom a credit is allowed against taxes        Revenue Code of 1986 is amended by adding at           ‘‘SEC. 7527A. ADVANCE PAYMENT OF CHILD TAX
                                            imposed by the possession by reason of the                                                                                  CREDIT.
                                                                                                    the end the following new subsection:
                                            amendments made by this section, or                       ‘‘(i) SPECIAL RULES FOR 2021.—In the case of            ‘‘(a) IN GENERAL.—The Secretary shall estab-
                                                                                                    any taxable year beginning after December 31,          lish a program for making periodic payments to
                                               (B) who is eligible for a payment under a plan
                                                                                                    2020, and before January 1, 2022—                      taxpayers which, in the aggregate during any
                                            described in paragraph (2).
                                                                                                      ‘‘(1) REFUNDABLE CREDIT.—If the taxpayer (in         calendar year, equal the annual advance
                                               (5) MIRROR CODE TAX SYSTEM.—For purposes                                                                    amount determined with respect to such tax-
                                            of this subsection, the term ‘‘mirror code tax sys-     the case of a joint return, either spouse) has a
                                                                                                    principal place of abode in the United States          payer for such calendar year. Except as pro-
                                            tem’’ means, with respect to any possession of                                                                 vided in subsection (b)(3)(B), the periodic pay-
                                            the United States, the income tax system of such        (determined as provided in section 32) for more
                                                                                                    than one-half of the taxable year or is a bona         ments made to any taxpayer for any calendar
                                            possession if the income tax liability of the resi-                                                            year shall be in equal amounts.
                                            dents of such possession under such system is           fide resident of Puerto Rico (within the meaning
                                                                                                                                                              ‘‘(b) ANNUAL ADVANCE AMOUNT.—For pur-
                                            determined by reference to the income tax laws          of section 937(a)) for such taxable year—
                                                                                                                                                           poses of this section—
                                            of the United States as if such possession were           ‘‘(A) subsection (d) shall not apply, and               ‘‘(1) IN GENERAL.—Except as otherwise pro-
                                            the United States.                                        ‘‘(B) so much of the credit determined under         vided in this subsection, the term ‘annual ad-
                                                                                                    subsection (a) (after application of subpara-          vance amount’ means, with respect to any tax-
                                               (6) TREATMENT OF PAYMENTS.—For purposes
                                                                                                    graph (A)) as does not exceed the amount of            payer for any calendar year, the amount (if
                                            of section 1324 of title 31, United States Code,
                                                                                                    such credit which would be so determined with-         any) which is estimated by the Secretary as
                                            the payments under this subsection shall be
                                                                                                    out regard to subsection (h)(4) shall be allowed       being equal to 50 percent of the amount which
                                            treated in the same manner as a refund due
                                                                                                    under subpart C (and not allowed under this            would be treated as allowed under subpart C of
                                            from a credit provision referred to in subsection
                                                                                                    subpart).                                              part IV of subchapter A of chapter 1 by reason
                                            (b)(2) of such section.
                                                                                                      ‘‘(2) 17-YEAR-OLDS ELIGIBLE FOR TREATMENT            of section 24(i)(1) for the taxpayer’s taxable year
                                               (c) ADMINISTRATIVE PROVISIONS.—                      AS QUALIFYING CHILDREN.—This section shall be
                                               (1) DEFINITION OF DEFICIENCY.—Section                                                                       beginning in such calendar year if—
                                                                                                    applied—                                                  ‘‘(A) the status of the taxpayer as a taxpayer
                                            6211(b)(4)(A) of the Internal Revenue Code of             ‘‘(A) by substituting ‘age 18’ for ‘age 17’ in       described in section 24(i)(1) is determined with
                                            1986 is amended by striking ‘‘6428, and 6428A’’         subsection (c)(1), and                                 respect to the reference taxable year,
                                            and inserting ‘‘6428, 6428A, and 6428B’’.                 ‘‘(B) by substituting ‘described in subsection          ‘‘(B) the taxpayer’s modified adjusted gross
                                               (2) EXCEPTION FROM REDUCTION OR OFFSET.—             (c) (determined after the application of sub-          income for such taxable year is equal to the tax-
                                            Any refund payable by reason of section                 section (i)(2)(A))’ for ‘described in subsection       payer’s modified adjusted gross income for the
                                            6428B(g) of the Internal Revenue Code of 1986           (c)’ in subsection (h)(4)(A).                          reference taxable year,
                                            (as added by this section), or any such refund            ‘‘(3) CREDIT AMOUNT.—Subsection (h)(2) shall            ‘‘(C) the only children of such taxpayer for
                                            payable by reason of subsection (b) of this sec-        not apply and subsection (a) shall be applied by       such taxable year are qualifying children prop-
                                            tion, shall not be —                                    substituting ‘$3,000 ($3,600 in the case of a quali-   erly claimed on the taxpayer’s return of tax for
                                               (A) subject to reduction or offset pursuant to       fying child who has not attained age 6 as of the       the reference taxable year, and
                                            subsection (c), (d), (e), or (f) of section 6402 of     close of the calendar year in which the taxable           ‘‘(D) the ages of such children (and the status
                                            the Internal Revenue Code of 1986, or                   year of the taxpayer begins)’ for ‘$1,000’.            of such children as qualifying children) are de-
                                               (B) reduced or offset by other assessed Federal        ‘‘(4) REDUCTION OF INCREASED CREDIT AMOUNT           termined for such taxable year by taking into
                                            taxes that would otherwise be subject to levy or        BASED ON MODIFIED ADJUSTED GROSS INCOME.—              account the passage of time since the reference
                                            collection.                                               ‘‘(A) IN GENERAL.—The amount of the credit           taxable year.
                                               (3) CONFORMING AMENDMENTS.—                          allowable under subsection (a) (determined                ‘‘(2) REFERENCE TAXABLE YEAR.—Except as
                                                                                                    without regard to subsection (b)) shall be re-         provided in paragraph (3)(A), the term ‘ref-
                                               (A) Paragraph (2) of section 1324(b) of title 31,
                                                                                                    duced by $50 for each $1,000 (or fraction thereof)     erence taxable year’ means, with respect to any
                                            United States Code, is amended by inserting
                                                                                                    by which the taxpayer’s modified adjusted gross        taxpayer for any calendar year, the taxpayer’s
                                            ‘‘6428B,’’ after ‘‘6428A,’’.
                                                                                                    income (as defined in subsection (b)) exceeds the      taxable year beginning in the preceding cal-
                                               (B) The table of sections for subchapter B of        applicable threshold amount.                           endar year or, in the case of taxpayer who did
                                            chapter 65 of the Internal Revenue Code of 1986           ‘‘(B) APPLICABLE THRESHOLD AMOUNT.—For               not file a return of tax for such taxable year,
                                            is amended by inserting after the item relating         purposes of this paragraph, the term ‘applicable       the taxpayer’s taxable year beginning in the
                                            to section 6428A the following new item:                threshold amount’ means—                               second preceding calendar year.
                                            ‘‘Sec. 6428B. 2021 recovery rebates to individ-           ‘‘(i) $150,000, in the case of a joint return or        ‘‘(3)   MODIFICATIONS       DURING    CALENDAR
                                                            uals.’’.                                surviving spouse (as defined in section 2(a)) ,        YEAR.—
                                               (d) APPROPRIATIONS.—Immediately upon the               ‘‘(ii) $112,500, in the case of a head of house-        ‘‘(A) IN GENERAL.—The Secretary may modify,
                                            enactment of this Act, in addition to amounts           hold (as defined in section 2(b)), and                 during any calendar year, the annual advance
                                            otherwise available, there are appropriated for           ‘‘(iii) $75,000, in any other case.                  amount with respect to any taxpayer for such
                                            fiscal year 2021, out of any money in the Treas-          ‘‘(C) LIMITATION ON REDUCTION.—                      calendar year to take into account—
                                            ury not otherwise appropriated:                           ‘‘(i) IN GENERAL.—The amount of the reduc-              ‘‘(i) a return of tax filed by such taxpayer
                                                                                                    tion under subparagraph (A) shall not exceed           during such calendar year (and the taxable year
                                               (1) $1,464,500,000 to remain available until
                                                                                                    the lesser of—                                         to which such return relates may be taken into
                                            September 30, 2023 for necessary expenses for the
                                                                                                      ‘‘(I) the applicable credit increase amount, or      account as the reference taxable year), and
                                            Internal Revenue Service for the administration                                                                   ‘‘(ii) any other information provided by the
                                                                                                      ‘‘(II) 5 percent of the applicable phaseout
                                            of the advance payments, the provision of tax-                                                                 taxpayer to the Secretary which allows the Sec-
                                                                                                    threshold range.
                                            payer assistance, and the furtherance of inte-            ‘‘(ii) APPLICABLE CREDIT INCREASE AMOUNT.—           retary to determine payments under subsection
                                            grated, modernized, and secure Internal Rev-            For purposes of this subparagraph, the term            (a) which, in the aggregate during any taxable
                                            enue Service systems, of which up to $20,000,000        ‘applicable credit increase amount’ means the          year of the taxpayer, more closely total the Sec-
                                            is available for premium pay for services related       excess (if any) of—                                    retary’s estimate of the amount treated as al-
                                            to the development of information technology as           ‘‘(I) the amount of the credit allowable under       lowed under subpart C of part IV of subchapter
                                            determined by the Commissioner of the Internal          this section for the taxable year determined           A of chapter 1 by reason of section 24(i)(1) for
                                            Revenue occurring between January 1, 2020 and           without regard to this paragraph and subsection        such taxable year of such taxpayer.
                                            December 31, 2022, and all of which shall sup-          (b), over                                                 ‘‘(B) ADJUSTMENT TO REFLECT EXCESS OR DEF-
                                            plement and not supplant any other appropria-             ‘‘(II) the amount of such credit as so deter-        ICIT IN PRIOR PAYMENTS.—In the case of any
                                            tions that may be available for this purpose.           mined and without regard to paragraph (3).             modification of the annual advance amount
                                               (2) $7,000,000 to remain available until Sep-          ‘‘(iii) APPLICABLE PHASEOUT THRESHOLD                under subparagraph (A), the Secretary may ad-
                                            tember 30, 2022, for necessary expenses for the         RANGE.—For purposes of this subparagraph, the          just the amount of any periodic payment made
                                            Bureau of the Fiscal Service to carry out this          term ‘applicable phaseout threshold range’             after the date of such modification to properly
                                            section (and the amendments made by this sec-           means the excess of—                                   take into account the amount by which any
                                            tion), which shall supplement and not supplant            ‘‘(I) the threshold amount applicable to the         periodic payment made before such date was
                                            any other appropriations that may be available          taxpayer under subsection (b) (determined after        greater than or less than the amount that such
                                            for this purpose, and                                   the application of subsection (h)(3)), over            payment would have been on the basis of the
                                               (3) $8,000,000 to remain available until Sep-          ‘‘(II) the applicable threshold amount applica-      annual advance amount as so modified.
                                            tember 30, 2023, for the Treasury Inspector Gen-        ble to the taxpayer under this paragraph.                 ‘‘(4) DETERMINATION OF STATUS.—If informa-




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                                            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




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                                            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:




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                                            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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