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American Rescue Plan Act of 2021 (Cong. Rec., March 4, 2021, S1051)

Summary

A page of the Congressional Record, Senate, dated March 4, 2021, at pages S1051 and S1052, under the heading American Rescue Plan Act of 2021. Mr. Schumer moves to proceed to H.R. 1319, a bill to provide for reconciliation pursuant to title II of S. Con. Res. 5. The roll call is recorded with 50 yeas and 50 nays, and the Vice President votes in the affirmative, so the motion to proceed is agreed to. Mr. Schumer then offers Amendment No. 891, a substitute, and Mr. Johnson objects to dispensing with its reading. The text of the American Rescue Plan Act of 2021 begins to be read, with a table of contents covering agriculture, nutrition and education titles.

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Cite this document

“American Rescue Plan Act of 2021 (Cong. Rec., March 4, 2021, S1051).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-03-04-crec-2021-03-04-pt1-pgs1051-2-8c0b40c373/, SHA-256 5466614eb03044ec8e1485d745f9888bd5171903e863acd7a153c0805ee47e1c.

Full text

                                                         March 4, 2021                                     CONGRESSIONAL RECORD — SENATE                                            CORRECTION              S1051
                                                         as much as we can for vaccinations and                  largest single anti-poverty bills in re-                            AMENDMENT NO. 891
                                                         helping people get back into school. I                  cent history. It is time to lift this                          (Purpose: To improve the bill)
                                                         am willing to help people who are                       country out of crisis and set it on a                   Mr. SCHUMER. Madam President, I
                                                         struggling out there, but you shouldn’t                 path to a strong and swift recovery. It               have an amendment at the desk, and I
                                                         be giving a $1,400 check to people who                  is time to tell the American people                   ask for its immediate consideration.
                                                         make $200,000 as a couple. They                         that help is on the way.                                The VICE PRESIDENT. The clerk
                                                         changed that. They have taken the Sil-                                   MOTION TO PROCEED                    will report the amendment.
                                                         icon Valley railway out. They have                        Mr. SCHUMER. Mr. President, I                         The legislative clerk read as follows:
                                                         also taken the bridge out because they                  move to proceed to Calendar No. 10,                    The Senator from New York [Mr. SCHU-
                                                         had to, not because they wanted to.                     H.R. 1319.                                            MER],for himself and others, proposes an
                                                           We are going to have a lot of amend-                    The PRESIDENT pro tempore. The                      amendment numbered 891.
                                                         ments to show what we would do with                     clerk will report the motion.                           Mr. SCHUMER. Madam President, I
                                                         your money versus what they would do                      The senior assistant legislative clerk              ask unanimous consent to dispense
                                                         with your money. We are going to have                                                                         with the reading.
                                                                                                                 read as follows:
                                                         a lot of amendments that would show                                                                             The VICE PRESIDENT. Is there an
                                                                                                                   Motion to proceed to Calendar No. 10, H.R.
                                                         what we would do with COVID and how                                                                           objection?
                                                                                                                 1319, to provide for reconciliation pursuant
                                                         to fight COVID versus what they would                   to title II of S. Con. Res. 5.                          Mr. JOHNSON. Madam President.
                                                         do with COVID. That is what democ-                                                                              The VICE PRESIDENT. The Senator
                                                         racy is all about—working together                        Mr. SCHUMER. I ask for the yeas
                                                                                                                 and nays.                                             from Wisconsin.
                                                         when you can and showing differences                                                                            Mr. JOHNSON. Reserving the right
                                                         when you must.                                            The PRESIDENT pro tempore. Is
                                                                                                                 there a sufficient second?                            to object. One thing that——
                                                           There are going to be a lot of dif-
                                                                                                                   There appears to be a sufficient sec-                 Mr.    SCHUMER.      Regular    order,
                                                         ferences in this debate, and I think this
                                                                                                                 ond.                                                  Madam President.
                                                         will not be the last time you hear
                                                                                                                   The clerk will call the roll.                         The VICE PRESIDENT. Is there an
                                                         about this bill. I think this bill is going
                                                                                                                   The senior assistant legislative clerk              objection?
                                                         to resonate for months and years to
                                                                                                                 called the roll.                                        Mr. JOHNSON. I object.
                                                         come in all of the wrong ways.
                                                           I yield the floor.                                      The yeas and nays resulted—yeas 50,                   The VICE PRESIDENT. The objec-
                                                           I suggest the absence of a quorum.                    nays 50, as follows:                                  tion is heard.
                                                           The PRESIDING OFFICER. The                                        [Rollcall Vote No. 73 Leg.]                 The clerk will continue the reading.
                                                         clerk will call the roll.                                                                                       (Ms. CORTEZ MASTO assumed the
                                                                                                                                     YEAS—50
                                                           The senior assistant legislative clerk                                                                      Chair.)
                                                                                                                 Baldwin            Hickenlooper         Reed
                                                         proceeded to call the roll.                             Bennet             Hirono
                                                                                                                                                                         The legislative clerk read as follows:
                                                                                                                                                         Rosen
                                                           Mr. SCHUMER. Mr. President, I ask                     Blumenthal         Kaine                Sanders         Strike all after the first word and insert
                                                         unanimous consent that the order for                    Booker             Kelly                Schatz        the following:
                                                                                                                 Brown              King                 Schumer
                                                         the quorum call be rescinded.                           Cantwell           Klobuchar
                                                                                                                                                                       TITLE.
                                                           The PRESIDENT pro tempore. With-                                                              Shaheen        This Act may be cited as the ‘‘American
                                                                                                                 Cardin             Leahy                Sinema
                                                         out objection, it is so ordered.                        Carper             Luján                             Rescue Plan Act of 2021’’
                                                                                                                                                         Smith
                                                                                                                 Casey              Manchin                             .
                                                                          f                                                                              Stabenow
                                                                                                                 Coons              Markey                             SEC. 2. TABLE OF CONTENTS.
                                                                                                                                                         Tester
                                                          AMERICAN RESCUE PLAN ACT OF                            Cortez Masto       Menendez
                                                                                                                                                         Van Hollen      The table of contents for this Act is as fol-
                                                                                                                 Duckworth          Merkley
                                                               2021—MOTION TO PROCEED                            Durbin             Murphy               Warner        lows:
                                                           Mr. SCHUMER. Mr. President, in a                      Feinstein          Murray               Warnock       Sec. 1. Short title.
                                                                                                                 Gillibrand         Ossoff               Warren        Sec. 2. Table of contents.
                                                         moment, I will move to proceed to the                                                           Whitehouse
                                                                                                                 Hassan             Padilla
                                                         Senate’s substitute amendment to the                    Heinrich           Peters               Wyden          TITLE I—COMMITTEE ON AGRICULTURE,
                                                         American Rescue Plan. This legislation                                                                                NUTRITION, AND FORESTRY
                                                         will keep America’s families, busi-                                          NAYS—50                                     Subtitle A—Agriculture
                                                         nesses, and workers afloat and hasten                   Barrasso           Graham               Portman       Sec. 1001. Food supply chain and agriculture
                                                                                                                 Blackburn          Grassley             Risch
                                                         the day when our country can return to                  Blunt              Hagerty              Romney
                                                                                                                                                                                    pandemic response.
                                                         normal and our economy can come                         Boozman            Hawley               Rounds
                                                                                                                                                                       Sec. 1002. Emergency     rural   development
                                                         roaring back.                                           Braun              Hoeven               Rubio                      grants for rural health care.
                                                           The United States is facing a once-in-                Burr               Hyde-Smith           Sasse         Sec. 1003. Pandemic program administration
                                                                                                                 Capito             Inhofe               Scott (FL)                 funds.
                                                         a-century crisis that has sapped mil-                   Cassidy            Johnson              Scott (SC)    Sec. 1004. Funding for the USDA Office of In-
                                                         lions of jobs from our economy, left                    Collins            Kennedy
                                                                                                                                                         Shelby                     spector General for oversight of
                                                         millions of Americans struggling to                     Cornyn             Lankford
                                                                                                                 Cotton             Lee
                                                                                                                                                         Sullivan                   COVID–19-related programs.
                                                         make ends meet, and stolen more than                    Cramer             Lummis
                                                                                                                                                         Thune         Sec. 1005. Farm loan assistance for socially
                                                         half a million American lives. The time                 Crapo              Marshall             Tillis                     disadvantaged     farmers     and
                                                         is now to move forward with big, bold,                  Cruz               McConnell            Toomey                     ranchers.
                                                                                                                 Daines             Moran                Tuberville    Sec. 1006. USDA assistance and support for
                                                         strong relief for the American people;                                                          Wicker
                                                                                                                 Ernst              Murkowski                                       socially disadvantaged farmers,
                                                         to send checks as promised to Amer-                     Fischer            Paul                 Young
                                                                                                                                                                                    ranchers, forest land owners
                                                         ican workers and families; to help re-
                                                                                                                   The VICE PRESIDENT. On this vote                                 and operators, and groups.
                                                         open schools as quickly and safely as                                                                         Sec. 1007. Use of the Commodity Credit Cor-
                                                         possible; to help the hardest hit small                 the yeas are 50, the nays are 50.
                                                                                                                   The Senate being equally divided, the                            poration for commodities and
                                                         businesses hang on; to help families                                                                                       associated expenses.
                                                         stay in their homes, care for their chil-               Vice President votes in the affirma-
                                                                                                                 tive, and the motion to proceed is                                Subtitle B—Nutrition
                                                         dren, and put food on the table; to keep                                                                      Sec. 1101. Supplemental nutrition assistance
                                                         firefighters, teachers, and busdrivers                  agreed to.
                                                                                                                   The motion was agreed to.                                        program.
                                                         on the job; and to crush the virus with                                                                       Sec. 1102. Additional assistance for SNAP
                                                                                                                                   f




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                                                         testing and vaccines once and for all.                                                                                     online purchasing and tech-
                                                           We are not going to repeat the mis-                    AMERICAN RESCUE PLAN ACT OF                                       nology improvements.
                                                         takes of the past. We are not going to                                                                        Sec. 1103. Additional funding for nutrition
                                                                                                                                    2021
                                                         be timid in the face of a great chal-                                                                                      assistance programs.
                                                         lenge. We are not going to delay when                     The VICE PRESIDENT. The clerk                       Sec. 1104. Commodity supplemental food
                                                                                                                 will report the bill by title.                                     program.
                                                         urgent action is called for. We are not
                                                                                                                   The legislative clerk read as follows:              Sec. 1105. Improvements to WIC benefits.
                                                         going to quit before the race is won. We                                                                      Sec. 1106. WIC program modernization.
                                                         are going to sprint through the finish                    A bill (H.R. 1319) to provide for reconcili-
                                                                                                                                                                       Sec. 1107. Meals and supplements reimburse-
                                                         line.                                                   ation pursuant to title II of S. Con. Res. 5.
                                                                                                                                                                                    ments for individuals who have
                                                           It is time to move forward with this                    The VICE PRESIDENT. The majority                                 not attained the age of 25.
                                                         legislation, which will be one of the                   leader.                                               Sec. 1108. Pandemic EBT program.




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                                               S1052                                             CONGRESSIONAL RECORD — SENATE                                                         March 4, 2021
                                                  TITLE II—COMMITTEE ON HEALTH,                         Subtitle H—Mental Health and Substance                Sec. 3207. Relief measures for section 502 and
                                                 EDUCATION, LABOR, AND PENSIONS                                         Use Disorder                                        504 direct loan borrowers.
                                                      Subtitle A—Education Matters                     Sec. 2701. Funding for block grants for com-           Sec. 3208. Fair housing activities.
                                                   PART 1—DEPARTMENT OF EDUCATION                                   munity mental health services.                 Subtitle C—Small Business (SSBCI)
                                                                                                       Sec. 2702. Funding for block grants for pre-           Sec. 3301. State Small Business Credit Ini-
                                               Sec. 2001. Elementary and Secondary School
                                                                                                                    vention and treatment of sub-                           tiative.
                                                             Emergency Relief Fund.
                                                                                                                    stance abuse.
                                               Sec. 2002. Emergency assistance to non-pub-                                                                         Subtitle D—Public Transportation
                                                                                                       Sec. 2703. Funding for mental health and
                                                             lic schools.                                                                                     Sec. 3401. Federal Transit Administration
                                                                                                                    substance use disorder training
                                               Sec. 2003. Higher Education Emergency Re-                                                                                    grants.
                                                                                                                    for health care professionals,
                                                             lief Fund.                                                                                       TITLE IV—COMMITTEE ON HOMELAND
                                                                                                                    paraprofessionals, and public
                                               Sec. 2004. Maintenance of effort and mainte-                                                                     SECURITY AND GOVERNMENTAL AF-
                                                                                                                    safety officers.
                                                             nance of equity.                                                                                   FAIRS
                                                                                                       Sec. 2704. Funding for education and aware-
                                               Sec. 2005. Outlying areas.
                                                                                                                    ness    campaign    encouraging           Sec. 4001. Emergency       Federal  Employee
                                               Sec. 2006. Gallaudet University.
                                                                                                                    healthy work conditions and                             Leave Fund.
                                               Sec. 2007. Student aid administration.
                                                                                                                    use of mental health and sub-             Sec. 4002. Funding for the Government Ac-
                                               Sec. 2008. Howard University.
                                                                                                                    stance use disorder services by                         countability Office.
                                               Sec. 2009. National Technical Institute for
                                                                                                                    health care professionals.                Sec. 4003. Pandemic       Response    Account-
                                                             the Deaf.
                                                                                                       Sec. 2705. Funding for grants for health care                        ability    Committee     funding
                                               Sec. 2010. Institute of Education Sciences.
                                                                                                                    providers to promote mental                             availability.
                                               Sec. 2011. Program administration.
                                                                                                                    health among their health pro-            Sec. 4004. Funding for the White House.
                                               Sec. 2012. Office of Inspector General.
                                                                                                                    fessional workforce.                      Sec. 4005. Federal Emergency Management
                                               Sec. 2013. Modification of revenue require-             Sec. 2706. Funding    for    community-based
                                                             ments for proprietary institu-                                                                                 Agency appropriation.
                                                                                                                    funding for local substance use           Sec. 4006. Funeral assistance.
                                                             tions of higher education.                             disorder services.                        Sec. 4007. Emergency food and shelter pro-
                                                          PART 2—MISCELLANEOUS                         Sec. 2707. Funding    for    community-based                         gram funding.
                                               Sec. 2021. National Endowment for the Arts.                          funding for local behavioral              Sec. 4008. Humanitarian relief.
                                               Sec. 2022. National Endowment for the Hu-                            health needs.                             Sec. 4009. Cybersecurity and Infrastructure
                                                             manities.                                 Sec. 2708. Funding for the National Child                            Security Agency.
                                               Sec. 2023. Institute of Museum and Library                           Traumatic Stress Network.                 Sec. 4010. Appropriation for the United
                                                             Services.                                 Sec. 2709. Funding for Project AWARE.                                States Digital Service.
                                                         Subtitle B—Labor Matters                      Sec. 2710. Funding for youth suicide preven-           Sec. 4011. Appropriation for the Technology
                                                                                                                    tion.                                                   Modernization Fund.
                                               Sec. 2101. Funding for Department of Labor              Sec. 2711. Funding for behavioral health               Sec. 4012. Appropriation for the Federal Cit-
                                                             worker protection activities.                          workforce education and train-                          izen Services Fund.
                                               Subtitle C—Human Services and Community                              ing.                                      Sec. 4013. AFG and SAFER program funding.
                                                                   Supports                            Sec. 2712. Funding for pediatric mental                Sec. 4014. Emergency management perform-
                                               Sec. 2201. Child Care and Development Block                          health care access.                                     ance grant funding.
                                                             Grant Program.                            Sec. 2713. Funding for expansion grants for                TITLE V—COMMITTEE ON SMALL
                                               Sec. 2202. Child Care Stabilization.                                 certified community behavioral              BUSINESS AND ENTREPRENEURSHIP
                                               Sec. 2203. Head Start.                                               health clinics.
                                                                                                                                                              Sec. 5001. Modifications to paycheck protec-
                                               Sec. 2204. Programs for survivors.                          Subtitle I—Exchange Grant Program                                tion program.
                                               Sec. 2205. Child abuse prevention and treat-            Sec. 2801. Establishing a grant program for            Sec. 5002. Targeted EIDL advance.
                                                             ment.                                                  Exchange modernization.                   Sec. 5003. Support for restaurants.
                                               Sec. 2206. Corporation for National and Com-
                                                                                                         Subtitle J—Continued Assistance to Rail              Sec. 5004. Community navigator pilot pro-
                                                             munity Service and the Na-
                                                                                                                          Workers                                           gram.
                                                             tional Service Trust.                                                                            Sec. 5005. Shuttered venue operators.
                                                                                                       Sec. 2901. Additional     enhanced   benefits
                                                         Subtitle D—Public Health                                                                             Sec. 5006. Direct appropriations.
                                                                                                                    under the Railroad Unemploy-
                                               Sec. 2301. Funding for COVID–19 vaccine ac-                          ment Insurance Act.                               TITLE VI—COMMITTEE ON
                                                             tivities at the Centers for Dis-          Sec. 2902. Extended unemployment benefits                 ENVIRONMENT AND PUBLIC WORKS
                                                             ease Control and Prevention.                           under the Railroad Unemploy-              Sec. 6001. Economic adjustment assistance.
                                               Sec. 2302. Funding for vaccine confidence ac-                        ment Insurance Act.                       Sec. 6002. Funding for pollution and dis-
                                                             tivities.                                 Sec. 2903. Extension of waiver of the 7-day                          parate impacts of the COVID–19
                                               Sec. 2303. Funding for supply chain for                              waiting period for benefits                             pandemic.
                                                             COVID–19      vaccines,    thera-                      under the Railroad Unemploy-              Sec. 6003. United States Fish and Wildlife
                                                             peutics, and medical supplies.                         ment Insurance Act.                                     Service.
                                               Sec. 2304. Funding for COVID–19 vaccine,                Sec. 2904. Railroad Retirement Board and
                                                             therapeutic, and device activi-                                                                   TITLE VII—COMMITTEE ON COMMERCE,
                                                                                                                    Office of the Inspector General               SCIENCE, AND TRANSPORTATION
                                                             ties at the Food and Drug Ad-                          funding.
                                                             ministration.                                                                                           Subtitle A—Transportation and
                                                                                                             Subtitle K—Ratepayer Protection                                   Infrastructure
                                               Sec. 2305. Reduced cost-sharing.
                                                                                                       Sec. 2911. Funding for LIHEAP.                         Sec. 7101. Grants to the National Railroad
                                                            Subtitle E—Testing
                                                                                                       Sec. 2912. Funding for water assistance pro-                         Passenger Corporation.
                                               Sec. 2401. Funding for COVID–19 testing,                             gram.
                                                             contact tracing, and mitigation                                                                  Sec. 7102. Relief for airports.
                                                                                                       Subtitle L—Assistance for Older Americans,             Sec. 7103. Emergency FAA Employee Leave
                                                             activities.
                                                                                                           Grandfamilies, and Kinship Families                              Fund.
                                               Sec. 2402. Funding for SARS–CoV–2 genomic
                                                                                                       Sec. 2921. Supporting older americans and              Sec. 7104. Emergency TSA Employee Leave
                                                             sequencing and surveillance.
                                                                                                                    their families.                                         Fund.
                                               Sec. 2403. Funding for global health.
                                               Sec. 2404. Funding for data modernization               Sec. 2922. National Technical Assistance                 Subtitle B—Aviation Manufacturing Jobs
                                                             and forecasting center.                                Center on Grandfamilies and                                  Protection
                                                                                                                    Kinship Families.                         Sec. 7201. Definitions.
                                                   Subtitle F—Public Health Workforce
                                                                                                         TITLE III—COMMITTEE ON BANKING,                      Sec. 7202. Payroll support program.
                                               Sec. 2501. Funding for public health work-
                                                                                                            HOUSING, AND URBAN AFFAIRS                                     Subtitle C—Airlines
                                                             force.
                                               Sec. 2502. Funding for Medical Reserve                   Subtitle A—Defense Production Act of 1950             Sec. 7301. Air Transportation Payroll Sup-
                                                             Corps.                                    Sec. 3101. COVID–19 emergency medical sup-                           port Program Extension.
                                                  Subtitle G—Public Health Investments                              plies enhancement.                           Subtitle D—Consumer Protection and
                                               Sec. 2601. Funding for community health                        Subtitle B—Housing Provisions                               Commerce Oversight




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                                                             centers and community care.               Sec. 3201. Emergency rental assistance.                Sec. 7401. Funding for consumer product
                                               Sec. 2602. Funding for National Health Serv-            Sec. 3202. Emergency housing vouchers.                               safety fund to protect con-
                                                             ice Corps.                                Sec. 3203. Emergency assistance for rural                            sumers from potentially dan-
                                               Sec. 2603. Funding for Nurse Corps.                                  housing.                                                gerous products related to
                                               Sec. 2604. Funding for teaching health cen-             Sec. 3204. Housing counseling.                                       COVID–19.
                                                             ters that operate graduate med-           Sec. 3205. Homelessness assistance and sup-            Sec. 7402. Funding for E-Rate support for
                                                             ical education.                                        portive services program.                               emergency educational connec-
                                               Sec. 2605. Funding for family planning.                 Sec. 3206. Homeowner Assistance Fund.                                tions and devices.




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                                               March 4, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                     S1053
                                               Sec. 7403. Funding for Department of Com-                  Subtitle D—Elder Justice and Support                Sec. 9673. Tax treatment of restaurant revi-
                                                            merce Inspector General.                                      Guarantee                                        talization grants.
                                               Sec. 7404. Federal Trade Commission fund-               Sec. 9301. Additional funding for aging and            Sec. 9674. Modification of exceptions for re-
                                                            ing for COVID–19 related work.                           disability services programs.                         porting of third party network
                                                   Subtitle E—Science and Technology                                                                                       transactions.
                                                                                                          Subtitle E—Support to Skilled Nursing               Sec. 9675. Modification of treatment of stu-
                                               Sec. 7501. National Institute of Standards                   Facilities in Response to COVID–19                             dent loan forgiveness.
                                                            and Technology.                            Sec. 9401. Providing for infection control
                                               Sec. 7502. National Science Foundation.                                                                                    Subtitle H—Pensions
                                                                                                                     support to skilled nursing fa-
                                                    Subtitle F—Corporation for Public                                                                         Sec. 9701. Temporary delay of designation of
                                                                                                                     cilities through contracts with
                                                                Broadcasting                                                                                               multiemployer plans as in en-
                                                                                                                     quality improvement organiza-
                                                                                                                                                                           dangered, critical, or critical
                                               Sec. 7601. Support for the Corporation for                            tions.
                                                                                                                                                                           and declining status.
                                                            Public Broadcasting.                       Sec. 9402. Funding for strike teams for resi-
                                                                                                                                                              Sec. 9702. Temporary extension of the fund-
                                                TITLE VIII—COMMITTEE ON VETERANS’                                    dent and employee safety in
                                                                                                                                                                           ing improvement and rehabili-
                                                                 AFFAIRS                                             skilled nursing facilities.
                                                                                                                                                                           tation periods for multiem-
                                               Sec. 8001. Funding for claims and appeals                Subtitle F—Preserving Health Benefits for                          ployer pension plans in critical
                                                            processing.                                                    Workers                                         and endangered status for 2020
                                               Sec. 8002. Funding availability for medical             Sec. 9501. Preserving health benefits for                           or 2021.
                                                            care and health needs.                                   workers.                                 Sec. 9703. Adjustments to funding standard
                                               Sec. 8003. Funding for supply chain mod-                 Subtitle G—Promoting Economic Security                             account rules.
                                                            ernization.                                                                                       Sec. 9704. Special financial assistance pro-
                                                                                                           PART 1—2021 RECOVERY REBATES TO
                                               Sec. 8004. Funding for State homes.                                                                                         gram for financially troubled
                                                                                                                         INDIVIDUALS
                                               Sec. 8005. Funding for the Department of                                                                                    multiemployer plans.
                                                            Veterans Affairs Office of In-             Sec. 9601. 2021 recovery rebates to individ-           Sec. 9705. Extended amortization for single
                                                            spector General.                                         uals.                                                 employer plans.
                                               Sec. 8006. Covid–19 veteran rapid retraining                     PART 2—CHILD TAX CREDIT                       Sec. 9706. Extension of pension funding sta-
                                                            assistance program.                        Sec. 9611. Child tax credit improvements for                        bilization percentages for single
                                               Sec. 8007. Prohibition on copayments and                              2021.                                                 employer plans.
                                                            cost sharing for veterans during           Sec. 9612. Application of child tax credit in          Sec. 9707. Modification of special rules for
                                                            emergency relating to COVID–                             possessions.                                          minimum funding standards for
                                                            19.                                                                                                            community newspaper plans.
                                                                                                           PART 3—EARNED INCOME TAX CREDIT                    Sec. 9708. Expansion of limitation on exces-
                                               Sec. 8008. Emergency Department of Vet-
                                                                                                       Sec. 9621. Strengthening the earned income                          sive employee remuneration.
                                                            erans Affairs Employee Leave
                                                                                                                     tax credit for individuals with               Subtitle I—Child Care for Workers
                                                            Fund.
                                                                                                                     no qualifying children.
                                                  TITLE IX—COMMITTEE ON FINANCE                                                                               Sec. 9801. Child care assistance.
                                                                                                       Sec. 9622. Taxpayer eligible for childless
                                                Subtitle A—Crisis Support for Unemployed                             earned income credit in case of                      Subtitle J—Medicaid
                                                                  Workers                                            qualifying children who fail to          Sec. 9811. Mandatory coverage of COVID–19
                                                    PART 1—EXTENSION OF CARES ACT                                    meet certain identification re-                       vaccines and administration
                                                        UNEMPLOYMENT PROVISIONS                                      quirements.                                           and treatment under Medicaid.
                                                                                                       Sec. 9623. Credit allowed in case of certain           Sec. 9812. Modifications to certain coverage
                                               Sec. 9011. Extension of Pandemic Unemploy-
                                                                                                                     separated spouses.                                    under Medicaid for pregnant
                                                            ment Assistance.
                                                                                                       Sec. 9624. Modification of disqualified in-                         and postpartum women.
                                               Sec. 9012. Extension of emergency unem-                                                                        Sec. 9813. State option to provide qualifying
                                                            ployment relief for govern-                              vestment income test.
                                                                                                       Sec. 9625. Application of earned income tax                         community-based mobile crisis
                                                            mental entities and nonprofit                                                                                  intervention services.
                                                            organizations.                                           credit in possessions of the
                                                                                                                     United States.                           Sec. 9814. Temporary increase in FMAP for
                                               Sec. 9013. Extension of Federal Pandemic                                                                                    medical assistance under State
                                                            Unemployment Compensation.                 Sec. 9626. Temporary special rule for deter-
                                                                                                                     mining earned income for pur-                         Medicaid plans which begin to
                                               Sec. 9014. Extension of full Federal funding                                                                                expend amounts for certain
                                                            of the first week of compen-                             poses of earned income tax
                                                                                                                     credit.                                               mandatory individuals.
                                                            sable regular unemployment for                                                                    Sec. 9815. Extension of 100 percent Federal
                                                            States with no waiting week.                  PART 4—DEPENDENT CARE ASSISTANCE
                                                                                                                                                                           medical assistance percentage
                                               Sec. 9015. Extension of emergency State                 Sec. 9631. Refundability and enhancement of                         to Urban Indian Health Organi-
                                                            staffing flexibility.                                    child and dependent care tax                          zations and Native Hawaiian
                                               Sec. 9016. Extension of pandemic emergency                            credit.                                               Health Care Systems.
                                                            unemployment compensation.                 Sec. 9632. Increase in exclusion for em-               Sec. 9816. Sunset of limit on maximum re-
                                               Sec. 9017. Extension of temporary financing                           ployer-provided dependent care                        bate amount for single source
                                                            of   short-time     compensation                         assistance.                                           drugs and innovator multiple
                                                            payments in States with pro-               PART 5—CREDITS FOR PAID SICK AND FAMILY                             source drugs.
                                                            grams in law.                                                   LEAVE                             Sec. 9817. Additional support for Medicaid
                                               Sec. 9018. Extension of temporary financing                                                                                 home and community-based
                                                            of   short-time     compensation           Sec. 9641. Payroll credits.
                                                                                                       Sec. 9642. Credit for sick leave for certain                        services during the COVID–19
                                                            agreements for States without                                                                                  emergency.
                                                                                                                     self-employed individuals.
                                                            programs in law.                                                                                  Sec. 9818. Funding for State strike teams for
                                                                                                       Sec. 9643. Credit for family leave for certain
                                                      PART 2—EXTENSION OF FFCRA                                      self-employed individuals.                            resident and employee safety in
                                                        UNEMPLOYMENT PROVISIONS                                                                                            nursing facilities.
                                                                                                          PART 6—EMPLOYEE RETENTION CREDIT
                                               Sec. 9021. Extension of temporary assistance                                                                   Sec. 9819. Special rule for the period of a de-
                                                                                                       Sec. 9651. Extension of employee retention                          clared public health emergency
                                                            for States with advances.
                                                                                                                     credit.                                               related to coronavirus.
                                               Sec. 9022. Extension of full Federal funding
                                                            of    extended     unemployment                   PART 7—PREMIUM TAX CREDIT                         Subtitle K—Children’s Health Insurance
                                                            compensation.                              Sec. 9661. Improving affordability by ex-                                 Program
                                               PART 3—DEPARTMENT OF LABOR FUNDING                                    panding premium assistance for           Sec. 9821. Mandatory coverage of COVID–19
                                                 FOR TIMELY, ACCURATE, AND EQUITABLE                                 consumers.                                            vaccines and administration
                                                 PAYMENT                                               Sec. 9662. Temporary modification of limita-                        and treatment under CHIP.
                                                                                                                     tions on reconciliation of tax           Sec. 9822. Modifications to certain coverage
                                               Sec. 9031. Funding for administration.
                                                                                                                     credits for coverage under a                          under CHIP for pregnant and
                                               Sec. 9032. Funding for fraud prevention, eq-
                                                                                                                     qualified health plan with ad-                        postpartum women.
                                                            uitable access, and timely pay-
                                                                                                                     vance payments of such credit.                       Subtitle L—Medicare
                                                            ment to eligible workers.
                                                                                                       Sec. 9663. Application of premium tax credit
                                                                                                                                                              Sec. 9831. Floor on the Medicare area wage




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                                                   Subtitle B—Emergency Assistance to                                in case of individuals receiving
                                                Families Through Home Visiting Programs                                                                                    index for hospitals in all-urban
                                                                                                                     unemployment       compensation
                                                                                                                                                                           States.
                                               Sec. 9101. Emergency assistance to families                           during 2021.                             Sec. 9832. Secretarial authority to tempo-
                                                            through home visiting pro-                     PART 8—MISCELLANEOUS PROVISIONS                                 rarily waive or modify applica-
                                                            grams.
                                                                                                       Sec. 9671. Repeal of election to allocate in-                       tion of certain Medicare re-
                                                   Subtitle C—Emergency Assistance to                                terest, etc. on worldwide basis.                      quirements with respect to am-
                                                           Children and Families                       Sec. 9672. Tax treatment of targeted EIDL                           bulance services furnished dur-
                                               Sec. 9201. Pandemic Emergency Assistance.                             advances.                                             ing certain emergency periods.




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                                               S1054                                             CONGRESSIONAL RECORD — SENATE                                                          March 4, 2021
                                               Sec. 9833. Funding for Office of Inspector              Reduction; Hazard Analysis and Critical                Secretary for fiscal year 2021, out of any
                                                             General.                                  Control Point (HACCP) Systems’’ published              money in the Treasury not otherwise appro-
                                                 Subtitle M—Coronavirus State and Local                in the Federal Register on July 25, 1996 (61           priated, $500,000,000, to remain available
                                                           Fiscal Recovery Funds                       Fed. Reg. 38806).                                      until September 30, 2023, to carry out this
                                                                                                         (2) OVERTIME INSPECTION COST REDUCTION.—             section, of which not more than 3 percent
                                               Sec. 9901. Coronavirus State and Local Fis-
                                                                                                       Notwithstanding section 10703 of the Farm              may be used by the Secretary for adminis-
                                                             cal Recovery Funds.
                                                                                                       Security and Rural Investment Act of 2002 (7           trative purposes and not more than 2 percent
                                                       Subtitle N—Other Provisions                     U.S.C. 2219a), the Act of June 5, 1948 (21             may be used by the Secretary for technical
                                               Sec. 9911. Funding for providers relating to            U.S.C. 695), section 25 of the Poultry Prod-           assistance as defined in section 306(a)(26) of
                                                             COVID–19.                                 ucts Inspection Act (21 U.S.C. 468), and sec-          the Consolidated Farm and Rural Develop-
                                               Sec. 9912. Extension of customs user fees.              tion 24 of the Egg Products Inspection Act             ment Act (7 U.S.C. 1926(a)(26)).
                                                  TITLE X—COMMITTEE ON FOREIGN                         (21 U.S.C. 1053), and any regulations promul-          SEC. 1003. PANDEMIC PROGRAM ADMINISTRA-
                                                                RELATIONS                              gated by the Department of Agriculture im-                        TION FUNDS.
                                               Sec. 10001. Department of State operations.             plementing such provisions of law and sub-               In addition to amounts otherwise avail-
                                               Sec. 10002. United States Agency for Inter-             ject to the availability of funds under para-          able, there are appropriated for fiscal year
                                                             national Development oper-                graph (3), the Secretary of Agriculture shall          2021, out of any money in the Treasury not
                                                             ations.                                   reduce the amount of overtime inspection               otherwise appropriated, $47,500,000, to remain
                                               Sec. 10003. Global response.                            costs borne by federally-inspected small es-           available until expended, for necessary ad-
                                               Sec. 10004. Humanitarian response.                      tablishments and very small establishments             ministrative expenses associated with car-
                                               Sec. 10005. Multilateral assistance.                    engaged in meat, poultry, or egg products              rying out this subtitle.
                                                                                                       processing and subject to the requirements             SEC. 1004. FUNDING FOR THE USDA OFFICE OF
                                                   TITLE XI—COMMITTEE ON INDIAN
                                                                                                       of the Federal Meat Inspection Act (21 U.S.C.                      INSPECTOR GENERAL FOR OVER-
                                                                  AFFAIRS                                                                                                 SIGHT OF COVID–19-RELATED PRO-
                                                                                                       601 et seq.), the Poultry Products Inspection
                                               Sec. 11001. Indian Health Service.                      Act (21 U.S.C. 451 et seq.), or the Egg Prod-                      GRAMS.
                                               Sec. 11002. Bureau of Indian Affairs.                   ucts Inspection Act (21 U.S.C. 1031 et seq.),            In addition to amounts otherwise made
                                               Sec. 11003. Housing assistance and sup-                 for inspection activities carried out during           available, there is appropriated to the Office
                                                             portive services programs for             the period of fiscal years 2021 through 2030.          of the Inspector General of the Department
                                                             Native Americans.                           (3) FUNDING.—Out of the amounts made                 of Agriculture for fiscal year 2021, out of any
                                               Sec. 11004. COVID–19 response resources for             available under subsection (a), the Secretary          money in the Treasury not otherwise appro-
                                                             the preservation and mainte-              shall use $100,000,000 to carry out this sub-          priated, $2,500,000, to remain available until
                                                             nance of Native American lan-             section.                                               September 30, 2022, for audits, investigations,
                                                             guages.                                   SEC. 1002. EMERGENCY RURAL DEVELOPMENT                 and other oversight activities of projects and
                                               Sec. 11005. Bureau of Indian Education.                             GRANTS FOR RURAL HEALTH CARE.              activities carried out with funds made avail-
                                               Sec. 11006. American Indian, Native Hawai-                (a) GRANTS.—The Secretary of Agriculture             able to the Department of Agriculture re-
                                                             ian, and Alaska Native edu-               (in this section referred to as the ‘‘Sec-             lated to the COVID–19 pandemic.
                                                             cation.                                   retary’’) shall use the funds made available           SEC. 1005. FARM LOAN ASSISTANCE FOR SO-
                                                TITLE I—COMMITTEE ON AGRICULTURE,                      by this section to establish an emergency                         CIALLY DISADVANTAGED FARMERS
                                                       NUTRITION, AND FORESTRY                         pilot program for rural development not                           AND RANCHERS.
                                                           Subtitle A—Agriculture                      later than 150 days after the date of enact-             (a) PAYMENTS.—
                                                                                                       ment of this Act to provide grants to eligible           (1)   APPROPRIATION.—In   addition to
                                               SEC. 1001. FOOD SUPPLY CHAIN AND AGRI-                                                                         amounts otherwise available, there is appro-
                                                          CULTURE PANDEMIC RESPONSE.
                                                                                                       applicants (as defined in section 3570.61(a) of
                                                                                                       title 7, Code of Federal Regulations) to be            priated to the Secretary for fiscal year 2021,
                                                 (a)   APPROPRIATION.—In   addition  to                                                                       out of amounts in the Treasury not other-
                                                                                                       awarded by the Secretary based on rural de-
                                               amounts otherwise available, there is appro-                                                                   wise appropriated, such sums as may be nec-
                                                                                                       velopment needs related to the COVID–19
                                               priated to the Secretary of Agriculture for             pandemic.                                              essary, to remain available until expended,
                                               fiscal year 2021, out of any money in the                 (b) USES.—An eligible applicant to whom a            for the cost of loan modifications and pay-
                                               Treasury      not    otherwise   appropriated,          grant is awarded under this section may use            ments under this section.
                                               $4,000,000,000, to remain available until ex-           the grant funds for costs, including those in-           (2) PAYMENTS.—The Secretary shall pro-
                                               pended, to carry out this section.                      curred prior to the issuance of the grant, as          vide a payment in an amount up to 120 per-
                                                  (b) USE OF FUNDS.—The Secretary of Agri-             determined by the Secretary, of facilities             cent of the outstanding indebtedness of each
                                               culture shall use the amounts made avail-               which primarily serve rural areas (as defined          socially disadvantaged farmer or rancher as
                                               able pursuant to subsection (a)—                        in section 343(a)(13)(C) of the Consolidated           of January 1, 2021, to pay off the loan di-
                                                  (1) to purchase food and agricultural com-           Farm and Rural Development Act (7 U.S.C.               rectly or to the socially disadvantaged farm-
                                               modities;                                               1991(a)(13)(C)), which are located in a rural          er or rancher (or a combination of both), on
                                                  (2) to purchase and distribute agricultural          area, the median household income of the               each—
                                               commodities (including fresh produce, dairy,            population to be served by which is less than            (A) direct farm loan made by the Secretary
                                               seafood, eggs, and meat) to individuals in              the greater of the poverty line or the appli-          to the socially disadvantaged farmer or
                                               need, including through delivery to nonprofit           cable percentage (determined under section             rancher; and
                                               organizations and through restaurants and               3570.63(b) of title 7, Code of Federal Regula-           (B) farm loan guaranteed by the Secretary
                                               other food related entities, as determined by           tions) of the State nonmetropolitan median             the borrower of which is the socially dis-
                                               the Secretary, that may receive, store, proc-           household income, and for which the per-               advantaged farmer or rancher.
                                               ess, and distribute food items;                         formance of any construction work com-                   (b) DEFINITIONS.—In this section:
                                                  (3) to make grants and loans for small or            pleted with grant funds shall meet the condi-            (1) FARM LOAN.—The term ‘‘farm loan’’
                                               midsized food processors or distributors, sea-          tion set forth in section 9003(f) of the Farm          means—
                                               food processing facilities and processing ves-          Security and Rural Investment Act of 2002 (7             (A) a loan administered by the Farm Serv-
                                               sels, farmers markets, producers, or other              U.S.C. 8103(f)), to—                                   ice Agency under subtitle A, B, or C of the
                                               organizations to respond to COVID–19, in-                 (1) increase capacity for vaccine distribu-          Consolidated Farm and Rural Development
                                               cluding for measures to protect workers                 tion;                                                  Act (7 U.S.C. 1922 et seq.); and
                                               against COVID–19; and                                     (2) provide medical supplies to increase               (B) a Commodity Credit Corporation Farm
                                                  (4) to make loans and grants and provide             medical surge capacity;                                Storage Facility Loan.
                                               other assistance to maintain and improve                  (3) reimburse for revenue lost during the              (2) SECRETARY.—The term ‘‘Secretary’’
                                               food and agricultural supply chain resil-               COVID–19 pandemic, including revenue losses            means the Secretary of Agriculture.
                                               iency.                                                  incurred prior to the awarding of the grant;             (3) SOCIALLY DISADVANTAGED FARMER OR
                                                  (c) ANIMAL HEALTH.—                                    (4) increase telehealth capabilities, includ-        RANCHER.—The term ‘‘socially disadvantaged
                                                  (1) COVID–19 ANIMAL SURVEILLANCE.—The                ing underlying health care information sys-            farmer or rancher’’ has the meaning given
                                               Secretary of Agriculture shall conduct moni-            tems;                                                  the term in section 2501(a) of the Food, Agri-
                                               toring and surveillance of susceptible ani-               (5) construct temporary or permanent                 culture, Conservation, and Trade Act of 1990
                                               mals for incidence of SARS–CoV–2.                       structures to provide health care services,            (7 U.S.C. 2279(a)).
                                                  (2) FUNDING.—Out of the amounts made                 including vaccine administration or testing;           SEC. 1006. USDA ASSISTANCE AND SUPPORT FOR
                                               available under subsection (a), the Secretary             (6) support staffing needs for vaccine ad-




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                                                                                                                                                                          SOCIALLY DISADVANTAGED FARM-
                                               shall use $300,000,000 to carry out this sub-           ministration or testing; and                                       ERS, RANCHERS, FOREST LAND
                                               section.                                                  (7) engage in any other efforts to support                       OWNERS AND OPERATORS, AND
                                                  (d) OVERTIME FEES.—                                  rural development determined to be critical                        GROUPS.
                                                  (1) SMALL ESTABLISHMENT; VERY SMALL ES-              to address the COVID–19 pandemic, including              (a)    APPROPRIATION.—In    addition  to
                                               TABLISHMENT        DEFINITIONS.—The     terms           nutritional assistance to vulnerable individ-          amounts otherwise available, there is appro-
                                               ‘‘small establishment’’ and ‘‘very small es-            uals, as approved by the Secretary.                    priated to the Secretary of Agriculture for
                                               tablishment’’ have the meaning given those                (c) FUNDING.—In addition to amounts oth-             fiscal year 2021, out of any money in the
                                               terms in the final rule entitled ‘‘Pathogen             erwise available, there is appropriated to the         Treasury    not    otherwise  appropriated,




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                                               March 4, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                     S1055
                                               $1,010,000,000, to remain available until ex-           not otherwise appropriated, $800,000,000, to           requirements for the online acceptance of
                                               pended, to carry out this section.                      remain available until September 30, 2022, to          the supplemental nutrition assistance pro-
                                                  (b) ASSISTANCE.—The Secretary of Agri-               use the Commodity Credit Corporation to ac-            gram benefits, for mobile payments, and for
                                               culture shall use the amounts made avail-               quire and make available commodities under             electronic benefit transfer modernization
                                               able pursuant to subsection (a)—                        section 406(b) of the Food for Peace Act (7            initiatives.
                                                  (1) to provide outreach, mediation, finan-           U.S.C. 1736(b)) and for expenses under such            SEC. 1103. ADDITIONAL FUNDING FOR NUTRI-
                                               cial training, capacity building training, co-          section.                                                          TION ASSISTANCE PROGRAMS.
                                               operative development training and support,                         Subtitle B—Nutrition                         Section 704 of division N of the Consoli-
                                               and other technical assistance on issues con-           SEC. 1101. SUPPLEMENTAL NUTRITION ASSIST-              dated Appropriations Act, 2021 (Public Law
                                               cerning food, agriculture, agricultural cred-                       ANCE PROGRAM.                              116–260) is amended—
                                               it, agricultural extension, rural develop-                (a) VALUE OF BENEFITS.—Section 702(a) of               (1) by striking ‘‘In addition’’ and inserting
                                               ment, or nutrition to socially disadvantaged            division N of the Consolidated Appropria-              the following:
                                               farmers, ranchers, or forest landowners, or             tions Act, 2021 (Public Law 116–260) is amend-           ‘‘(a) COVID–19 RESPONSE FUNDING.—In ad-
                                               other members of socially disadvantaged                 ed by striking ‘‘June 30, 2021’’ and inserting         dition’’; and
                                               groups;                                                 ‘‘September 30, 2021’’.                                  (2) by adding at the end the following—
                                                  (2) to provide grants and loans to improve             (b) SNAP ADMINISTRATIVE EXPENSES.—In                   ‘‘(b) ADDITIONAL FUNDING.—In addition to
                                               land access for socially disadvantaged farm-            addition to amounts otherwise available,               any other funds made available, there is ap-
                                               ers, ranchers, or forest landowners, including          there is hereby appropriated for fiscal year           propriated for fiscal year 2021, out of any
                                               issues related to heirs’ property in a manner           2021, out of any amounts in the Treasury not           money in the Treasury not otherwise appro-
                                               as determined by the Secretary;                         otherwise appropriated, $1,150,000,000, to re-         priated, $1,000,000,000 to remain available
                                                  (3) to support the activities of one or more         main available until September 30, 2023, with          until September 30, 2027, for the Secretary of
                                               equity commissions that will address racial             amounts to be obligated for each of fiscal             Agriculture to provide grants to the Com-
                                               equity issues within the Department of Agri-            years 2021, 2022, and 2023, for the costs of           monwealth of Northern Mariana Islands,
                                               culture and its programs, using $5,000,000 of           State administrative expenses associated               Puerto Rico, and American Samoa for nutri-
                                               the amount made available pursuant to sub-              with carrying out this section and admin-              tion assistance, of which $30,000,000 shall be
                                               section (a);                                            istering the supplemental nutrition assist-            available to provide grants to the Common-
                                                  (4) to support and supplement agricultural           ance program established under the Food                wealth of Northern Mariana Islands for such
                                               research, education, and extension, as well             and Nutrition Act of 2008 (7 U.S.C. 2011 et            assistance.’’.
                                               as scholarships and programs that provide               seq.), of which—
                                                                                                                                                              SEC. 1104. COMMODITY SUPPLEMENTAL FOOD
                                               internships and pathways to Federal employ-               (1) $15,000,000 shall be for necessary ex-                      PROGRAM.
                                               ment, at—                                               penses of the Secretary of Agriculture (in               In addition to amounts otherwise made
                                                  (A) colleges or universities eligible to re-         this section referred to as the ‘‘Secretary’’)         available, there is appropriated for fiscal
                                               ceive funds under the Act of August 30, 1890            for management and oversight of the pro-               year 2021, out of any money in the Treasury
                                               (commonly known as the ‘‘Second Morrill                 gram; and                                              not otherwise appropriated, $37,000,000, to re-
                                               Act’’) (7 U.S.C. 321 et seq.), including                  (2) $1,135,000,000 shall be for the Secretary        main available until September 30, 2022, for
                                               Tuskegee University;                                    to make grants to each State agency for                activities authorized by section 4(a) of the
                                                  (B) 1994 Institutions (as defined in section         each of fiscal years 2021 through 2023 as fol-         Agriculture and Consumer Protection Act of
                                               532 of the Equity in Educational Land-Grant             lows:                                                  1973 (7 U.S.C. 612c note).
                                               Status Act of 1994 (7 U.S.C. 301 note; Public             (A) 75 percent of the amounts available
                                                                                                                                                              SEC. 1105. IMPROVEMENTS TO WIC BENEFITS.
                                               Law 103–382));                                          shall be allocated to States based on the
                                                  (C) Alaska Native serving institutions and           share of each State of households that par-              (a) DEFINITIONS.—In this section:
                                               Native Hawaiian serving institutions eligible           ticipate in the supplemental nutrition assist-           (1) APPLICABLE PERIOD.—The term ‘‘appli-
                                               to receive grants under subsections (a) and             ance program as reported to the Department             cable period’’ means a period—
                                               (b), respectively, of section 1419B of the Na-          of Agriculture for the most recent 12-month               (A) beginning after the date of enactment
                                               tional Agricultural Research, Extension, and            period for which data are available, adjusted          of this Act, as selected by a State agency;
                                               Teaching Policy Act of 1977 (7 U.S.C. 3156);            by the Secretary (as of the date of the enact-         and
                                                  (D) Hispanic-serving institutions eligible           ment of this Act) for participation in dis-               (B) ending not later than the earlier of—
                                               to receive grants under section 1455 of the             aster programs under section 5(h) of the                  (i) 4 months after the date described in
                                               National Agricultural Research, Extension,              Food and Nutrition Act of 2008 (7 U.S.C.               subparagraph (A); or
                                               and Teaching Policy Act of 1977 (7 U.S.C.               2014(h)); and                                             (ii) September 30, 2021.
                                               3241); and                                                (B) 25 percent of the amounts available                 (2) CASH-VALUE VOUCHER.—The term ‘‘cash-
                                                  (E) the insular area institutions of higher          shall be allocated to States based on the in-          value voucher’’ has the meaning given the
                                               education located in the territories of the             crease in the number of households that par-           term in section 246.2 of title 7, Code of Fed-
                                               United States, as referred to in section 1489           ticipate in the supplemental nutrition assist-         eral Regulations (as in effect on the date of
                                               of the National Agricultural Research, Ex-              ance program as reported to the Department             the enactment of this Act).
                                               tension, and Teaching Policy Act of 1977 (7             of Agriculture over the most recent 12-                   (3) PROGRAM.—The term ‘‘program’’ means
                                               U.S.C. 3361); and                                       month period for which data are available,             the special supplemental nutrition program
                                                  (5) to provide financial assistance to so-           adjusted by the Secretary (as of the date of           for women, infants, and children established
                                               cially disadvantaged farmers, ranchers, or              the enactment of this Act) for participation           by section 17 of the Child Nutrition Act of
                                               forest landowners that are former farm loan             in disaster programs under section 5(h) of             1966 (42 U.S.C. 1786).
                                               borrowers that suffered related adverse ac-             the Food and Nutrition Act of 2008 (7 U.S.C.              (4) QUALIFIED FOOD PACKAGE.—The term
                                               tions or past discrimination or bias in De-             2014(h)).                                              ‘‘qualified food package’’ means each of the
                                               partment of Agriculture programs, as deter-             SEC. 1102. ADDITIONAL ASSISTANCE FOR SNAP
                                                                                                                                                              following food packages (as defined in sec-
                                               mined by the Secretary.                                             ONLINE PURCHASING AND TECH-                tion 246.10(e) of title 7, Code of Federal Regu-
                                                  (c) DEFINITIONS.—In this section:                                NOLOGY IMPROVEMENTS.                       lations (as in effect on the date of the enact-
                                                  (1) NONINDUSTRIAL PRIVATE FOREST LAND.—                (a) FUNDING.—In addition to amounts oth-             ment of this Act)):
                                               The term ‘‘nonindustrial private forest land’’          erwise made available, there is appropriated              (A) Food package III–Participants with
                                               has the meaning given the term in section               for fiscal year 2021, out of any amounts in            qualifying conditions.
                                               1201(a)(18) of the Food Security Act of 1985            the Treasury not otherwise appropriated,                  (B) Food Package IV–Children 1 through 4
                                               (16 U.S.C. 3801(a)(18)).                                $25,000,000 to remain available through Sep-           years.
                                                  (2) SOCIALLY DISADVANTAGED FARMER,                   tember 30, 2026, to carry out this section.               (C) Food Package V–Pregnant and par-
                                               RANCHER, OR FOREST LANDOWNER.—The term                    (b) USE OF FUNDS.—The Secretary of Agri-             tially (mostly) breastfeeding women.
                                               ‘‘socially disadvantaged farmer, rancher, or            culture may use the amounts made available                (D) Food Package VI–Postpartum women.
                                               forest landowner’’ means a farmer, rancher,             pursuant to subsection (a)—                               (E) Food Package VII–Fully breastfeeding.
                                               or owner or operator of nonindustrial private             (1) to make technological improvements to               (5) SECRETARY.—The term ‘‘Secretary’’
                                               forest land who is a member of a socially dis-          improve online purchasing in the supple-               means the Secretary of Agriculture.
                                               advantaged group.                                       mental nutrition assistance program estab-                (6) STATE AGENCY.—The term ‘‘State agen-
                                                  (3) SOCIALLY DISADVANTAGED GROUP.—The                lished under the Food and Nutrition Act of             cy’’ has the meaning given the term in sec-
                                               term ‘‘socially disadvantaged group’’ has the           2008 (7 U.S.C. 2011 et seq.);                          tion 17(b) of the Child Nutrition Act of 1966
                                                                                                         (2) to modernize electronic benefit transfer         (42 U.S.C. 1786(b)).




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                                               meaning given the term in section 2501(a) of
                                               the Food, Agriculture, Conservation, and                technology;                                               (b) AUTHORITY TO INCREASE AMOUNT OF
                                               Trade Act of 1990 (7 U.S.C. 2279(a)).                     (3) to support the mobile technologies dem-          CASH-VALUE VOUCHER.—During the public
                                               SEC. 1007. USE OF THE COMMODITY CREDIT COR-             onstration projects and the use of mobile              health emergency declared by the Secretary
                                                            PORATION FOR COMMODITIES AND               technologies     authorized    under    section        of Health and Human Services under section
                                                            ASSOCIATED EXPENSES.                       7(h)(14) of the Food and Nutrition Act of 2008         319 of the Public Health Service Act (42
                                                 In addition to amounts otherwise made                 (7 U.S.C. 2016(h)(14)); and                            U.S.C. 247d) on January 31, 2020, with respect
                                               available, there are appropriated for fiscal              (4) to provide technical assistance to edu-          to the Coronavirus Disease 2019 (COVID–19),
                                               year 2021, out of any money in the Treasury             cate retailers on the process and technical            and in response to challenges relating to




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                                               S1056                                             CONGRESSIONAL RECORD — SENATE                                                           March 4, 2021
                                               that public health emergency, the Secretary             individuals who, at the time of such service              (c) ALLOCATIONS TO STATES.—The amount
                                               may, in carrying out the program, increase              have not attained the age of 25.                        of each grant under subsection (b) shall be
                                               the amount of a cash-value voucher under a                (c) DEFINITIONS.—In this section:                     allocated by the Secretary to each State in
                                               qualified food package to an amount that is               (1) EMERGENCY SHELTER.—The term ‘‘emer-               the same proportion as each State received
                                               less than or equal to $35.                              gency shelter’’ has the meaning given the               under part A of title I of the Elementary and
                                                 (c) APPLICATION OF INCREASED AMOUNT OF                term under section 17(t)(1) of the Richard B.           Secondary Education Act of 1965 in the most
                                               CASH-VALUE VOUCHER TO STATE AGENCIES.—                  Russell National School Lunch Act (42 U.S.C.            recent fiscal year.
                                                 (1) NOTIFICATION.—An increase to the                  1766(t)(1)).                                              (d) SUBGRANTS TO LOCAL EDUCATIONAL
                                               amount of a cash-value voucher under sub-                 (2) SECRETARY.—The term ‘‘Secretary’’                 AGENCIES.—
                                               section (b) shall apply to any State agency             means the Secretary of Agriculture.                       (1) IN GENERAL.—Each State shall allocate
                                               that notifies the Secretary of—                         SEC. 1108. PANDEMIC EBT PROGRAM.
                                                                                                                                                               not less than 87.5 percent of the grant funds
                                                 (A) the intent to use that increased                                                                          awarded to the State under this section as
                                                                                                         Section 1101 of the Families First                    subgrants to local educational agencies (in-
                                               amount, without further application; and                Coronavirus Response Act (7 U.S.C. 2011 note;
                                                 (B) the applicable period selected by the                                                                     cluding charter schools that are local edu-
                                                                                                       Public Law 116–127) is amended—                         cational agencies) in the State in proportion
                                               State agency during which that increased                  (1) in subsection (a)—
                                               amount shall apply.                                                                                             to the amount of funds such local edu-
                                                                                                         (A) by striking ‘‘During fiscal years 2020            cational agencies and charter schools that
                                                 (2) USE OF INCREASED AMOUNT.—A State                  and 2021’’ and inserting ‘‘In any school year
                                               agency that makes a notification to the Sec-                                                                    are local educational agencies received under
                                                                                                       in which there is a public health emergency             part A of title I of the Elementary and Sec-
                                               retary under paragraph (1) shall use the in-            designation’’; and
                                               creased amount described in that para-                                                                          ondary Education Act of 1965 in the most re-
                                                                                                         (B) by inserting ‘‘or in a covered summer             cent fiscal year.
                                               graph—                                                  period following a school session’’ after ‘‘in
                                                 (A) during the applicable period described                                                                      (2) AVAILABILITY OF FUNDS.—Each State
                                                                                                       session’’;                                              shall make allocations under paragraph (1)
                                               in that notification; and                                 (2) in subsection (g), by striking ‘‘During
                                                 (B) only during a single applicable period.                                                                   to local educational agencies in an expedited
                                                                                                       fiscal year 2020, the’’ and inserting ‘‘The’’;          and timely manner and, to the extent prac-
                                                 (d) SUNSET.—The authority of the Sec-
                                                                                                         (3) in subsection (h)(1)—                             ticable, not later than 60 days after the re-
                                               retary under subsection (b), and the author-
                                                                                                         (A) by inserting ‘‘either’’ after ‘‘at least 1        ceipt of such funds.
                                               ity of a State agency to increase the amount
                                                                                                       child enrolled in such a covered child care fa-           (e) USES OF FUNDS.—A local educational
                                               of a cash-value voucher under subsection (c),
                                                                                                       cility and’’; and                                       agency that receives funds under this sec-
                                               shall terminate on September 30, 2021.
                                                 (e) FUNDING.—In addition to amounts oth-                (B) by inserting ‘‘or a Department of Agri-           tion—
                                               erwise made available, there is appropriated            culture grant-funded nutrition assistance                 (1) shall reserve not less than 20 percent of
                                               to the Secretary, out of funds in the Treas-            program in the Commonwealth of the North-               such funds to address learning loss through
                                               ury not otherwise appropriated, $490,000,000            ern Mariana Islands, Puerto Rico, or Amer-              the implementation of evidence-based inter-
                                               to carry out this section, to remain available          ican Samoa’’ before ‘‘shall be eligible to re-          ventions, such as summer learning or sum-
                                               until September 30, 2022.                               ceive assistance’’;                                     mer enrichment, extended day, comprehen-
                                               SEC. 1106. WIC PROGRAM MODERNIZATION.
                                                                                                         (4) by redesignating subsections (i) and (j)          sive afterschool programs, or extended
                                                 In addition to amounts otherwise avail-               as subsections (j) and (k), respectively;               school year programs, and ensure that such
                                               able, there are appropriated to the Secretary             (5) by inserting after subsection (h) the fol-        interventions respond to students’ academic,
                                               of Agriculture, out of amounts in the Treas-            lowing:                                                 social, and emotional needs and address the
                                               ury not otherwise appropriated, $390,000,000              ‘‘(i) EMERGENCIES DURING SUMMER.—The                  disproportionate impact of the coronavirus
                                               for fiscal year 2021, to remain available until         Secretary of Agriculture may permit a State             on the student subgroups described in sec-
                                               September 30, 2024, to carry out outreach, in-          agency to extend a State agency plan ap-                tion 1111(b)(2)(B)(xi) of the Elementary and
                                               novation, and program modernization ef-                 proved under subsection (b) for not more                Secondary Education Act of 1965 (20 U.S.C.
                                               forts, including appropriate waivers and                than 90 days for the purpose of operating the           6311(b)(2)(B)(xi)),   students    experiencing
                                               flexibility, to increase participation in and           plan during a covered summer period, during             homelessness, and children and youth in fos-
                                               redemption of benefits under programs es-               which time schools participating in the                 ter care; and
                                               tablished under section 17 of the Child Nutri-          school lunch program under the Richard B.                 (2) shall use the remaining funds for any of
                                               tion Act of 1966 (7 U.S.C. 1431), except that           Russell National School Lunch Act or the                the following:
                                               such waivers may not relate to the content              school breakfast program under section 4 of               (A) Any activity authorized by the Ele-
                                               of the WIC Food Packages (as defined in sec-            the Child Nutrition Act of 1966 (42 U.S.C.              mentary and Secondary Education Act of
                                               tion 246.10(e) of title 7, Code of Federal Regu-        1773) and covered child care facilities shall be        1965.
                                               lations (as in effect on the date of enactment          deemed closed for purposes of this section.’’;            (B) Any activity authorized by the Individ-
                                               of this Act)), or the nondiscrimination re-               (6) in subsection (j) (as so redesignated)—           uals with Disabilities Education Act.
                                               quirements under section 246.8 of title 7,                (A) by redesignating paragraphs (2)                     (C) Any activity authorized by the Adult
                                               Code of Federal Regulations (as in effect on            through (6) as paragraphs (3) through (7), re-          Education and Family Literacy Act.
                                               the date of enactment of this Act).                     spectively;                                               (D) Any activity authorized by the Carl D.
                                                                                                         (B) by inserting after paragraph (1) the fol-         Perkins Career and Technical Education Act
                                               SEC. 1107. MEALS AND SUPPLEMENTS REIM-
                                                          BURSEMENTS   FOR   INDIVIDUALS               lowing:                                                 of 2006.
                                                          WHO HAVE NOT ATTAINED THE AGE                  ‘‘(2) COVERED SUMMER PERIOD.—The term                   (E) Coordination of preparedness and re-
                                                          OF 25.                                       ‘covered summer period’ means a summer                  sponse efforts of local educational agencies
                                                 (a) PROGRAM FOR AT-RISK SCHOOL CHIL-                  period that follows a school year during                with State, local, Tribal, and territorial pub-
                                               DREN.—Beginning on the date of enactment                which there was a public health emergency               lic health departments, and other relevant
                                               of this section, notwithstanding paragraph              designation.’’; and                                     agencies, to improve coordinated responses
                                               (1)(A) of section 17(r) of the Richard B. Rus-            (C) in paragraph (5) (as so redesignated), by         among such entities to prevent, prepare for,
                                               sell National School Lunch Act (42 U.S.C.               striking ‘‘or another coronavirus with pan-             and respond to coronavirus.
                                               1766(r)), during the COVID–19 public health             demic potential’’; and                                    (F) Activities to address the unique needs
                                               emergency declared under section 319 of the               (7) in subsection (k) (as so redesignated),           of low-income children or students, children
                                               Public Health Service Act (42 U.S.C. 247d),             by inserting ‘‘Federal agencies,’’ before               with disabilities, English learners, racial and
                                               the Secretary shall reimburse institutions              ‘‘State agencies’’.                                     ethnic minorities, students experiencing
                                               that are emergency shelters under such sec-                  TITLE II—COMMITTEE ON HEALTH,                      homelessness, and foster care youth, includ-
                                               tion 17(r) (42 U.S.C. 1766(r)) for meals and                EDUCATION, LABOR, AND PENSIONS                      ing how outreach and service delivery will
                                               supplements served to individuals who, at                                                                       meet the needs of each population.
                                                                                                                Subtitle A—Education Matters
                                               the time of such service—                                                                                         (G) Developing and implementing proce-
                                                 (1) have not attained the age of 25; and                 PART 1—DEPARTMENT OF EDUCATION                       dures and systems to improve the prepared-
                                                 (2) are receiving assistance, including non-          SEC.     2001. ELEMENTARY AND SECONDARY                 ness and response efforts of local educational
                                               residential assistance, from such emergency                           SCHOOL EMERGENCY RELIEF FUND.             agencies.
                                               shelter.                                                     (a) IN GENERAL.—In addition to amounts               (H) Training and professional development
                                                 (b) PARTICIPATION BY EMERGENCY SHEL-                  otherwise available through the Education               for staff of the local educational agency on
                                               TERS.—Beginning on the date of enactment                Stabilization Fund, there is appropriated to            sanitation and minimizing the spread of in-
                                               of this section, notwithstanding paragraph              the Department of Education for fiscal year             fectious diseases.




SSpencer on DSK126QN23PROD with SENATE
                                               (5)(A) of section 17(t) of the Richard B. Rus-          2021, out of any money in the Treasury not                (I) Purchasing supplies to sanitize and
                                               sell National School Lunch Act (42 U.S.C.               otherwise appropriated, $125,804,800,000, to re-        clean the facilities of a local educational
                                               1766(t)), during the COVID–19 public health             main available through September 30, 2023,              agency, including buildings operated by such
                                               emergency declared under section 319 of the             to carry out this section.                              agency.
                                               Public Health Service Act (42 U.S.C. 247d),               (b) GRANTS.—From funds provided under                   (J) Planning for, coordinating, and imple-
                                               the Secretary shall reimburse emergency                 subsection (a), the Secretary shall make                menting activities during long-term clo-
                                               shelters under such section 17(t) (42 U.S.C.            grants to each State educational agency in              sures, including providing meals to eligible
                                               1766(t)) for meals and supplements served to            accordance with this section.                           students, providing technology for online




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                                               March 4, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                         S1057
                                               learning to all students, providing guidance            sive afterschool programs, or extended                   (3) the term ‘‘State’’ means each of the 50
                                               for carrying out requirements under the In-             school year programs, and ensure that such             States, the District of Columbia, and the
                                               dividuals with Disabilities Education Act               interventions respond to students’ academic,           Commonwealth of Puerto Rico.
                                               and ensuring other educational services can             social, and emotional needs and address the            SEC. 2002. EMERGENCY ASSISTANCE TO NON-
                                               continue to be provided consistent with all             disproportionate impact of the coronavirus                        PUBLIC SCHOOLS.
                                               Federal, State, and local requirements.                 on the student subgroups described in sec-               (a) IN GENERAL.—In addition to amounts
                                                 (K) Purchasing educational technology (in-            tion 1111(b)(2)(B)(xi) of the Elementary and           otherwise available through the Emergency
                                               cluding       hardware,      software,     and          Secondary Education Act of 1965 (20 U.S.C.             Assistance to Non-Public Schools Program,
                                               connectivity) for students who are served by            6311(b)(2)(B)(xi)),   students      experiencing       there is appropriated to the Department of
                                               the local educational agency that aids in               homelessness, and children and youth in fos-           Education for fiscal year 2021, out of any
                                               regular and substantive educational inter-              ter care, including by providing additional            money in the Treasury not otherwise appro-
                                               action between students and their classroom             support to local educational agencies to               priated, $2,750,000,000, to remain available
                                               instructors, including low-income students              fully address such impacts;                            through September 30, 2023, for making allo-
                                               and children with disabilities, which may in-             (2) shall reserve not less than 1 percent of         cations to Governors under the Emergency
                                               clude assistive technology or adaptive equip-           the total amount of grant funds awarded to             Assistance to Non-Public Schools Program
                                               ment.                                                   the State under this section to carry out, di-         to provide services or assistance to non-pub-
                                                 (L) Providing mental health services and              rectly or through grants or contracts, the             lic schools that enroll a significant percent-
                                               supports, including through the implementa-             implementation of evidence-based summer                age of low-income students and are most im-
                                               tion of evidence-based full-service commu-              enrichment programs, and ensure such pro-              pacted by the qualifying emergency.
                                               nity schools.                                           grams respond to students’ academic, social,             (b) LIMITATIONS.—Funds provided under
                                                 (M) Planning and implementing activities              and emotional needs and address the dis-               subsection (a) shall not be used to provide re-
                                               related to summer learning and supple-                  proportionate impact of the coronavirus on             imbursements to any non-public school.
                                               mental afterschool programs, including pro-             the student populations described in section
                                                                                                                                                              SEC. 2003. HIGHER EDUCATION EMERGENCY RE-
                                               viding classroom instruction or online learn-           1111(b)(2)(B)(xi) of the Elementary and Sec-                       LIEF FUND.
                                               ing during the summer months and address-               ondary Education Act of 1965 (20 U.S.C.
                                                                                                                                                                 In addition to amounts otherwise avail-
                                               ing the needs of low-income students, chil-             6311(b)(2)(B)(xi)),   students      experiencing
                                               dren with disabilities, English learners, mi-           homelessness, and children and youth in fos-           able, there is appropriated to the Depart-
                                               grant students, students experiencing home-             ter care;                                              ment of Education for fiscal year 2021, out of
                                               lessness, and children in foster care.                    (3) shall reserve not less than 1 percent of         any money in the Treasury not otherwise ap-
                                                 (N) Addressing learning loss among stu-               the total amount of grant funds awarded to             propriated, $39,584,570,000, to remain avail-
                                               dents, including low-income students, chil-             the State under this section to carry out, di-         able through September 30, 2023, for making
                                               dren with disabilities, English learners, ra-           rectly or through grants or contracts, the             allocations to institutions of higher edu-
                                               cial and ethnic minorities, students experi-            implementation of evidence-based com-                  cation in accordance with the same terms
                                               encing homelessness, and children and youth             prehensive afterschool programs, and ensure            and conditions of section 314 of the
                                               in foster care, of the local educational agen-          such programs respond to students’ aca-                Coronavirus Response and Relief Supple-
                                               cy, including by—                                       demic, social, and emotional needs and ad-             mental Appropriations Act, 2021 (division M
                                                 (i) administering and using high-quality              dress the disproportionate impact of the               of Public Law 116–260), except that—
                                               assessments that are valid and reliable, to             coronavirus on the student populations de-                (1) subsection (a)(1) of such section 314
                                               accurately     assess    students’    academic          scribed in section 1111(b)(2)(B)(xi) of the Ele-       shall be applied by substituting ‘‘91 percent’’
                                               progress and assist educators in meeting stu-           mentary and Secondary Education Act of                 for ‘‘89 percent’’;
                                               dents’ academic needs, including through                1965 (20 U.S.C. 6311(b)(2)(B)(xi)), students ex-          (2) subsection (a)(2) of such section 314
                                               differentiating instruction;                            periencing homelessness, and children and              shall be applied—
                                                 (ii) implementing evidence-based activities           youth in foster care;                                     (A) in the matter preceding subparagraph
                                               to meet the comprehensive needs of stu-                   (4) shall reserve 2.5 percent of the total           (A), by substituting ‘‘under the heading
                                               dents;                                                  amount of grant funds awarded to the State             ‘Higher Education’ in the Department of
                                                 (iii) providing information and assistance            under this section to carry out, directly or           Education Appropriations Act, 2020’’ for ‘‘in
                                               to parents and families on how they can ef-             through grants or contracts, the purchase of           the Further Consolidated Appropriations
                                               fectively support students, including in a              educational technology (including hardware,            Act, 2020 (Public Law 116–94)’’; and
                                               distance learning environment; and                      software, and connectivity) for students who              (B) in subparagraph (B), by substituting
                                                 (iv) tracking student attendance and im-              are served by the local educational agencies           ‘‘under the heading ‘Higher Education’ in the
                                               proving student engagement in distance edu-             in the State that aids in regular and sub-             Department of Education Appropriations
                                               cation.                                                 stantive educational interaction between               Act, 2020’’ for ‘‘in the Further Consolidated
                                                 (O) School facility repairs and improve-              students and their classroom instructors, in-          Appropriations Act, 2020 (Public Law 116–
                                               ments to enable operation of schools to re-             cluding low-income students and children               94)’’;
                                               duce risk of virus transmission and exposure            with disabilities, which may include assist-              (3) an institution that receives an alloca-
                                               to environmental health hazards, and to sup-            ive technology or adaptive equipment; and              tion apportioned in accordance with clause
                                               port student health needs.                                (5) may reserve not more than one-half of            (iii) of subsection (a)(2)(A) of such section 314
                                                 (P) Inspection, testing, maintenance, re-             1 percent of the total amount of grant funds           that has a total endowment size of less than
                                               pair, replacement, and upgrade projects to              awarded to the State under this section for            $1,000,000 (including an institution that does
                                               improve the indoor air quality in school fa-            administrative costs and the remainder for             not have an endowment) shall be treated by
                                               cilities, including mechanical and non-me-              emergency needs as determined by the State             the Secretary as having a total endowment
                                               chanical heating, ventilation, and air condi-           educational agency to address issues re-               size of $1,000,000 for the purposes of such
                                               tioning systems, filtering, purification and            sponding to coronavirus, which may be ad-              clause (iii);
                                               other air cleaning, fans, control systems, and          dressed through the use of grants or con-                 (4) subsection (a)(4) of such section 314
                                               window and door repair and replacement.                 tracts.                                                shall be applied by substituting ‘‘1 percent’’
                                                 (Q) Developing strategies and imple-                    (g) REALLOCATION.—A State shall return to            for ‘‘3 percent’’;
                                               menting public health protocols including,              the Secretary any funds received under this               (5) except as provided in paragraphs (7) and
                                               to the greatest extent practicable, policies in         section that the State does not award within           (9) of subsection (d) of such section 314, an
                                               line with guidance from the Centers for Dis-            1 year of receiving such funds and the Sec-            institution shall use a portion of funds re-
                                               ease Control and Prevention for the reopen-             retary shall reallocate such funds to the re-          ceived under this section to—
                                               ing and operation of school facilities to ef-           maining States in accordance with sub-                    (A) implement evidence-based practices to
                                               fectively maintain the health and safety of             section (c).                                           monitor and suppress coronavirus in accord-
                                               students, educators, and other staff.                     (h) DEFINITIONS.—In this section—                    ance with public health guidelines; and
                                                 (R) Other activities that are necessary to              (1) the terms ‘‘child’’, ‘‘children with dis-           (B) conduct direct outreach to financial
                                               maintain the operation of and continuity of             abilities’’, ‘‘distance education’’, ‘‘elemen-         aid applicants about the opportunity to re-
                                               services in local educational agencies and              tary school’’, ‘‘English learner’’, ‘‘evidence-        ceive a financial aid adjustment due to the
                                               continuing to employ existing staff of the              based’’, ‘‘secondary school’’, ‘‘local edu-            recent unemployment of a family member or
                                               local educational agency.                               cational agency’’, ‘‘parent’’, ‘‘Secretary’’,          independent student, or other circumstances,
                                                 (f) STATE FUNDING.—With funds not other-              ‘‘State educational agency’’, and ‘‘tech-              described in section 479A of the Higher Edu-
                                               wise allocated under subsection (d), a State—           nology’’ have the meanings given those                 cation Act of 1965 (20 U.S.C. 1087tt);




SSpencer on DSK126QN23PROD with SENATE
                                                 (1) shall reserve not less than 5 percent of          terms in section 8101 of the Elementary and               (6) the following shall not apply to funds
                                               the total amount of grant funds awarded to              Secondary Education Act of 1965 (20 U.S.C.             provided or received in accordance with this
                                               the State under this section to carry out, di-          7801);                                                 section—
                                               rectly or through grants or contracts, activi-            (2) the term ‘‘full-service community                   (A) subsection (b) of such section 314;
                                               ties to address learning loss by supporting             school’’ has the meaning given that term in               (B) paragraph (2) of subsection (c) of such
                                               the implementation of evidence-based inter-             section 4622(2) of the Elementary and Sec-             section 314;
                                               ventions, such as summer learning or sum-               ondary Education Act of 1965 (20 U.S.C.                   (C) paragraphs (1), (2), (4), (5), (6), and (8) of
                                               mer enrichment, extended day, comprehen-                7272(2)); and                                          subsection (d) of such section 314;




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                                               S1058                                             CONGRESSIONAL RECORD — SENATE                                                         March 4, 2021
                                                 (D) subsections (e) and (f) of such section             (ii) the number of children enrolled in all          educational agencies in the State in the pre-
                                               314; and                                                schools served by the local educational agen-          vious fiscal year; divided by
                                                 (E) section 316 of the Coronavirus Response           cy in such fiscal year.                                  (B) the aggregate number of children en-
                                               and Relief Supplemental Appropriations Act,               (2) EXCEPTION.—Paragraph (1) shall not               rolled in all schools served by all local edu-
                                               2021 (division M of Public Law 116–260); and            apply to a local educational agency in fiscal          cational agencies in the State in the fiscal
                                                 (7) an institution that receives an alloca-           year 2022 or 2023 that meets at least 1 of the         year for which the determination is being
                                               tion under this section apportioned in ac-              following criteria in such fiscal year:                made.
                                               cordance with subparagraphs (A) through (D)               (A) Such local educational agency has a                (6) STATE.—The term ‘‘State’’ means each
                                               of subsection (a)(1) of such section 314 shall          total enrollment of less than 1,000 students.          of the 50 States, the District of Columbia,
                                               use not less than 50 percent of such alloca-              (B) Such local educational agency operates           and the Commonwealth of Puerto Rico.
                                               tion to provide emergency financial aid                 a single school.                                       SEC. 2005. OUTLYING AREAS.
                                               grants to students in accordance with sub-                (C) Such local educational agency serves               In addition to amounts otherwise avail-
                                               section (c)(3) of such section 314.                     all students within each grade span with a             able, there is appropriated to the Depart-
                                               SEC. 2004. MAINTENANCE OF EFFORT AND MAIN-              single school.                                         ment of Education for fiscal year 2021, out of
                                                           TENANCE OF EQUITY.                            (D) Such local educational agency dem-               any money in the Treasury not otherwise ap-
                                                  (a) STATE MAINTENANCE OF EFFORT.—                    onstrates an exceptional or uncontrollable             propriated, $850,000,000, to remain available
                                                  (1) IN GENERAL.—As a condition of receiv-            circumstance, such as unpredictable changes            through September 30, 2023, for the Secretary
                                               ing funds under section 2001, a State shall             in student enrollment or a precipitous de-             of Education to allocate awards to the out-
                                               maintain support for elementary and sec-                cline in the financial resources of such agen-         lying areas on the basis of their respective
                                               ondary education, and for higher education              cy, as determined by the Secretary of Edu-             needs, as determined by the Secretary, to be
                                                                                                       cation.                                                allocated not more than 30 calendar days
                                               (which shall include State funding to institu-
                                                                                                         (d) DEFINITIONS.—In this section:                    after the date of enactment of this Act.
                                               tions of higher education and State need-                 (1) ELEMENTARY EDUCATION; SECONDARY
                                               based financial aid, and shall not include                                                                     SEC. 2006. GALLAUDET UNIVERSITY.
                                                                                                       EDUCATION.—The terms ‘‘elementary edu-                   In addition to amounts otherwise avail-
                                               support for capital projects or for research            cation’’ and ‘‘secondary education’’ have the
                                               and development or tuition and fees paid by                                                                    able, there is appropriated to the Depart-
                                                                                                       meaning given such terms under State law.              ment of Education for fiscal year 2021, out of
                                               students), in each of fiscal years 2022 and 2023          (2) HIGHEST POVERTY LOCAL EDUCATIONAL
                                               at least at the proportional levels of such                                                                    any money in the Treasury not otherwise ap-
                                                                                                       AGENCY.—The term ‘‘highest poverty local               propriated, $19,250,000, to remain available
                                               State’s support for elementary and sec-                 educational agency’’ means a local edu-
                                               ondary education and for higher education                                                                      through September 30, 2023, for the Kendall
                                                                                                       cational agency that is among the group of             Demonstration Elementary School, the
                                               relative to such State’s overall spending,              local educational agencies in the State
                                               averaged over fiscal years 2017, 2018, and 2019.                                                               Model Secondary School for the Deaf, and
                                                                                                       that—                                                  Gallaudet University to prevent, prepare for,
                                                  (2) WAIVER.—For the purpose of relieving               (A) in rank order, have the highest per-
                                               fiscal burdens incurred by States in pre-                                                                      and respond to coronavirus, including to de-
                                                                                                       centages of economically disadvantaged stu-            fray expenses associated with coronavirus
                                               venting, preparing for, and responding to the           dents in the State, on the basis of the most
                                               coronavirus, the Secretary of Education may                                                                    (including lost revenue, reimbursement for
                                                                                                       recent satisfactory data available from the            expenses already incurred, technology costs
                                               waive any maintenance of effort require-                Department of Commerce (or, for local edu-
                                               ments associated with the Education Sta-                                                                       associated with a transition to distance edu-
                                                                                                       cational agencies for which no such data are           cation, faculty and staff trainings, and pay-
                                               bilization Fund.                                        available, such other data as the Secretary            roll) and to provide financial aid grants to
                                                  (b) STATE MAINTENANCE OF EQUITY.—                    of Education determines are satisfactory);             students, which may be used for any compo-
                                                  (1) HIGH-NEED LOCAL EDUCATIONAL AGEN-                and                                                    nent of the student’s cost of attendance.
                                               CIES.—As a condition of receiving funds                   (B) collectively serve not less than 20 per-         SEC. 2007. STUDENT AID ADMINISTRATION.
                                               under section 2001, a State educational agen-           cent of the State’s total enrollment of stu-             In addition to amounts otherwise avail-
                                               cy shall not, in fiscal year 2022 or 2023, re-          dents served by all local educational agen-            able, there is appropriated to the Depart-
                                               duce State funding (as calculated on a per-             cies in the State.                                     ment of Education for fiscal year 2021, out of
                                               pupil basis) for any high-need local edu-                 (3) HIGH-NEED LOCAL EDUCATIONAL AGEN-                any money in the Treasury not otherwise ap-
                                               cational agency in the State by an amount               CY.—The term ‘‘high-need local educational
                                                                                                                                                              propriated, $91,130,000, to remain available
                                               that exceeds the overall per-pupil reduction            agency’’ means a local educational agency              through September 30, 2023, for Student Aid
                                               in State funds, if any, across all local edu-           that is among the group of local educational           Administration within the Department of
                                               cational agencies in such State in such fiscal          agencies in the State that—                            Education to prevent, prepare for, and re-
                                               year.                                                     (A) in rank order, have the highest per-             spond to coronavirus including direct out-
                                                  (2) HIGHEST POVERTY LOCAL EDUCATIONAL                centages of economically disadvantaged stu-            reach to students and borrowers about finan-
                                               AGENCIES.—Notwithstanding paragraph (1),                dents in the State, on the basis of the most           cial aid, economic impact payments, means-
                                               as a condition of receiving funds under sec-            recent satisfactory data available from the            tested benefits, unemployment assistance,
                                               tion 2001, a State educational agency shall             Department of Commerce (or, for local edu-             and tax benefits, for which the students and
                                               not, in fiscal year 2022 or 2023, reduce State          cational agencies for which no such data are           borrowers may be eligible.
                                               funding (as calculated on a per-pupil basis)            available, such other data as the Secretary            SEC. 2008. HOWARD UNIVERSITY.
                                               for any highest poverty local educational               of Education determines are satisfactory);               In addition to amounts otherwise avail-
                                               agency below the level of funding (as cal-              and                                                    able, there is appropriated to the Depart-
                                               culated on a per-pupil basis) provided to each            (B) collectively serve not less than 50 per-         ment of Education for fiscal year 2021, out of
                                               such local educational agency in fiscal year            cent of the State’s total enrollment of stu-           any money in the Treasury not otherwise ap-
                                               2019.                                                   dents served by all local educational agen-            propriated, $35,000,000, to remain available
                                                  (c) LOCAL EDUCATIONAL AGENCY MAINTE-                 cies in the State.                                     through September 30, 2023, for Howard Uni-
                                               NANCE      OF    EQUITY    FOR   HIGH-POVERTY             (4) HIGH-POVERTY SCHOOL.—                            versity to prevent, prepare for, and respond
                                               SCHOOLS.—                                                 (A) IN GENERAL.—The term ‘‘high-poverty              to coronavirus, including to defray expenses
                                                  (1) IN GENERAL.—As a condition of receiv-            school’’ means, with respect to a school               associated with coronavirus (including lost
                                               ing funds under section 2001, a local edu-              served by a local educational agency, a                revenue, reimbursement for expenses already
                                               cational agency shall not, in fiscal year 2022          school that is in the highest quartile of              incurred, technology costs associated with a
                                               or 2023—                                                schools served by such local educational               transition to distance education, faculty and
                                                  (A) reduce per-pupil funding (from com-              agency based on the percentage of economi-             staff trainings, and payroll) and to provide
                                               bined State and local funding) for any high-            cally disadvantaged students served, as de-            financial aid grants to students, which may
                                               poverty school served by such local edu-                termined by the State in accordance with               be used for any component of the student’s
                                               cational agency by an amount that exceeds—              subparagraph (B).                                      cost of attendance.
                                                  (i) the total reduction in local educational           (B) DETERMINATION.—In making the deter-              SEC. 2009. NATIONAL TECHNICAL INSTITUTE FOR
                                               agency funding (from combined State and                 mination under subparagraph (A), a State                           THE DEAF.
                                               local funding) for all schools served by the            shall select a measure of poverty established            In addition to amounts otherwise avail-
                                               local educational agency in such fiscal year            for the purposes of this paragraph by the              able, there is appropriated to the Depart-
                                               (if any); divided by                                    Secretary of Education and apply such meas-            ment of Education for fiscal year 2021, out of
                                                  (ii) the number of children enrolled in all          ure consistently to all schools in the State.          any money in the Treasury not otherwise ap-
                                               schools served by the local educational agen-             (5) OVERALL PER-PUPIL REDUCTION IN STATE             propriated, $19,250,000, to remain available




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                                               cy in such fiscal year; or                              FUNDS.—The term ‘‘overall per-pupil reduc-             through September 30, 2023, for the National
                                                  (B) reduce per-pupil, full-time equivalent           tion in State funds’’ means, with respect to           Technical Institute for the Deaf to prevent,
                                               staff in any high-poverty school by an                  a fiscal year—                                         prepare for, and respond to coronavirus, in-
                                               amount that exceeds—                                      (A) the amount of any reduction in the               cluding to defray expenses associated with
                                                  (i) the total reduction in full-time equiva-         total amount of State funds provided to all            coronavirus (including lost revenue, reim-
                                               lent staff in all schools served by such local          local educational agencies in the State in             bursement for expenses already incurred,
                                               educational agency in such fiscal year (if              such fiscal year compared to the total                 technology costs associated with a transi-
                                               any); divided by                                        amount of such funds provided to all local             tion to distance education, faculty and staff




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                                               March 4, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                     S1059
                                               training, and payroll) and to provide finan-              (2) Sixty percent shall be for direct grants,          (2) $12,500,000 shall be for the Office of In-
                                               cial aid grants to students, which may be               and relevant administrative expenses, that             spector General.
                                               used for any component of the student’s cost            support organizations’ programming and                  Subtitle C—Human Services and Community
                                               of attendance.                                          general operating expenses to cover up to 100                              Supports
                                               SEC. 2010. INSTITUTE OF EDUCATION SCIENCES.             percent of the costs of the programs which             SEC.   2201.
                                                                                                                                                                        CHILD CARE AND DEVELOPMENT
                                                 In addition to amounts otherwise avail-               the grants support, to prevent, prepare for,                     BLOCK GRANT PROGRAM.
                                               able, there is appropriated to the Depart-              respond    to,   and    recover     from   the          (a) CHILD CARE AND DEVELOPMENT BLOCK
                                               ment of Education for fiscal year 2021, out of          coronavirus.                                           GRANT FUNDING.—In addition to amounts
                                               any money in the Treasury not otherwise ap-             SEC. 2022. NATIONAL ENDOWMENT FOR THE HU-              otherwise available, there is appropriated for
                                               propriated, $100,000,000, to remain available                       MANITIES.                                  fiscal year 2021, out of any amounts in the
                                               through September 30, 2023, for the Institute             In addition to amounts otherwise avail-              Treasury      not    otherwise   appropriated,
                                               of Education Sciences to carry out research             able, there is appropriated for fiscal year            $14,990,000,000, to remain available through
                                               related to addressing learning loss caused by           2021, out of any money in the Treasury not             September 30, 2021, to carry out the program
                                               the coronavirus among the student sub-                  otherwise appropriated, $135,000,000, to re-           authorized under section 658C of the Child
                                               groups described in section 1111(b)(2)(B)(xi)           main available until expended, under the Na-           Care and Development Block Grant Act of
                                               of the Elementary and Secondary Education               tional Foundation on the Arts and the Hu-              1990 (42 U.S.C. 9858a) without regard to re-
                                               Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi)) and           manities Act of 1965, as follows:                      quirements in sections 658E(c)(3)(E) or 658G
                                               students experiencing homelessness and chil-              (1) Forty percent shall be for grants, and           of such Act (42 U.S.C. 9858c(c)(3)(E), 9858e).
                                               dren and youth in foster care, and to dis-              relevant administrative expenses, to State             Payments made to States, territories, Indian
                                               seminate such findings to State educational             humanities councils that support humanities            Tribes, and Tribal organizations from funds
                                               agencies and local educational agencies and             organizations’ programming and general op-             made available under this subsection shall
                                               other appropriate entities.                             erating expenses to cover up to 100 percent of         be obligated in fiscal year 2021 or the suc-
                                               SEC. 2011. PROGRAM ADMINISTRATION.                      the costs of the programs which the grants             ceeding 2 fiscal years. States, territories, In-
                                                 In addition to amounts otherwise avail-               support, to prevent, prepare for, respond to,          dian Tribes, and Tribal organizations are au-
                                               able, there is appropriated to the Depart-              and recover from the coronavirus.                      thorized to use such funds to provide child
                                               ment of Education for fiscal year 2021, out of            (2) Sixty percent shall be for direct grants,        care assistance to health care sector employ-
                                               any money in the Treasury not otherwise ap-             and relevant administrative expenses, that             ees, emergency responders, sanitation work-
                                               propriated, $15,000,000, to remain available            support humanities organizations’ program-             ers, and other workers deemed essential dur-
                                               through September 30, 2024, for Program Ad-             ming and general operating expenses to                 ing the response to coronavirus by public of-
                                               ministration within the Department of Edu-              cover up to 100 percent of the costs of the            ficials, without regard to the income eligi-
                                               cation to prevent, prepare for, and respond             programs which the grants support, to pre-             bility requirements of section 658P(4) of the
                                               to coronavirus, and for salaries and expenses           vent, prepare for, respond to, and recover             Child Care and Development Block Grant
                                               necessary to implement this part.                       from the coronavirus.                                  Act (42 U.S.C. 9858n(4)).
                                               SEC. 2012. OFFICE OF INSPECTOR GENERAL.                 SEC. 2023. INSTITUTE OF MUSEUM AND LIBRARY               (b) ADMINISTRATIVE COSTS.—In addition to
                                                                                                                    SERVICES.                                 amounts otherwise available, there is appro-
                                                 In addition to amounts otherwise avail-
                                                                                                          In addition to amounts otherwise avail-             priated for fiscal year 2021, out of any
                                               able, there is appropriated to the Depart-
                                                                                                       able, there is appropriated to the Institute of        amounts in the Treasury not otherwise ap-
                                               ment of Education for fiscal year 2021, out of
                                                                                                       Museum and Library Services for fiscal year            propriated, $35,000,000, to remain available
                                               any money in the Treasury not otherwise ap-
                                                                                                       2021, out of any money in the Treasury not             through September 30, 2025, for the costs of
                                               propriated, $5,000,000, to remain available
                                                                                                       otherwise appropriated, $200,000,000, to re-           providing technical assistance and con-
                                               until expended, for the Office of Inspector
                                                                                                       main available until expended, for necessary           ducting research and for the administrative
                                               General of the Department of Education, for
                                                                                                       expenses to carry out museum and library               costs to carry out this section and section
                                               salaries and expenses necessary for over-                                                                      2202 of this subtitle.
                                               sight, investigations, and audits of pro-               services. The Director of the Institute of Mu-
                                                                                                       seum and Library Services shall award not              SEC. 2202. CHILD CARE STABILIZATION.
                                               grams, grants, and projects funded under
                                                                                                       less than 89 percent of such funds to State li-          (a) DEFINITIONS.—In this section:
                                               this part carried out by the Office of Inspec-
                                                                                                       brary administrative agencies by applying                (1) COVID–19 PUBLIC HEALTH EMERGENCY.—
                                               tor General.
                                                                                                       the formula in section 221(b) of the Museum            The term ‘‘COVID–19 public health emer-
                                               SEC. 2013. MODIFICATION OF REVENUE REQUIRE-
                                                           MENTS FOR PROPRIETARY INSTITU-              and Library Services Act, except that—                 gency’’ means the public health emergency
                                                           TIONS OF HIGHER EDUCATION.                     (1) section 221(b)(3)(A) of such Act shall be       declared by the Secretary of Health and
                                                 (a) IN GENERAL.—Section 487(a)(24) of the             applied by substituting ‘‘$2,000,000’’ for             Human Services under section 319 of the
                                               Higher Education Act of 1965 (20 U.S.C.                 ‘‘$680,000’’ and by substituting ‘‘$200,000’’ for      Public Health Service Act (42 U.S.C. 247d) on
                                               1094(a)(24)) is amended by striking ‘‘funds             ‘‘$60,000’’; and                                       January 31, 2020, with respect to COVID–19,
                                               provided under this title’’ and inserting                  (2) section 221(b)(3)(C) and subsections (b)        including any renewal of the declaration.
                                               ‘‘Federal funds that are disbursed or deliv-            and (c) of section 223 of such Act shall not             (2) ELIGIBLE CHILD CARE PROVIDER.—The
                                               ered to or on behalf of a student to be used            apply to funds provided under this section.            term ‘‘eligible child care provider’’ means—
                                               to attend such institution (referred to in this                                                                  (A) an eligible child care provider as de-
                                                                                                                   Subtitle B—Labor Matters
                                               paragraph and subsection (d) as ‘Federal edu-                                                                  fined in section 658P of the Child Care and
                                                                                                       SEC.   2101.FUNDING FOR DEPARTMENT OF                  Development Block Grant Act of 1990 (42
                                               cation assistance funds’)’’.                                       LABOR WORKER PROTECTION AC-
                                                 (b) IMPLEMENTATION OF NON-FEDERAL REV-                                                                       U.S.C. 9858n); or
                                                                                                                  TIVITIES.
                                               ENUE REQUIREMENT.—Section 487(d) of the                                                                          (B) a child care provider that is licensed,
                                                                                                         (a)    APPROPRIATION.—In addition to                 regulated, or registered in the State, terri-
                                               Higher Education Act of 1965 (20 U.S.C.                 amounts otherwise made available, out of
                                               1094(d)) is amended—                                                                                           tory, or Indian Tribe on the date of enact-
                                                                                                       any funds in the Treasury not otherwise ap-            ment of this Act and meets applicable State
                                                 (1) in the subsection heading, by striking            propriated, there are appropriated to the
                                               ‘‘Non-title IV’’ and inserting ‘‘Non-Federal’’;                                                                and local health and safety requirements.
                                                                                                       Secretary of Labor for fiscal year 2021,                 (b) CHILD CARE STABILIZATION FUNDING.—In
                                               and                                                     $200,000,000, to remain available until Sep-
                                                 (2) in paragraph (1)(C), by striking ‘‘funds                                                                 addition to amounts otherwise available,
                                                                                                       tember 30, 2023, for the Wage and Hour Divi-           there is appropriated for fiscal year 2021, out
                                               for a program under this title’’ and inserting          sion, the Office of Workers’ Compensation
                                               ‘‘Federal education assistance funds’’.                                                                        of any amounts in the Treasury not other-
                                                                                                       Programs, the Office of the Solicitor, the             wise appropriated, $23,975,000,000, to remain
                                                         PART 2—MISCELLANEOUS                          Mine Safety and Health Administration, and             available through September 30, 2021, for
                                               SEC. 2021. NATIONAL ENDOWMENT FOR THE                   the Occupational Safety and Health Admin-              grants under this section in accordance with
                                                          ARTS.                                        istration to carry out COVID–19 related                the Child Care and Development Block Grant
                                                 In addition to amounts otherwise avail-               worker protection activities, and for the Of-          Act of 1990.
                                               able, there is appropriated for fiscal year             fice of Inspector General for oversight of the           (c) GRANTS.—From the amounts appro-
                                               2021, out of any money in the Treasury not              Secretary’s activities to prevent, prepare for,        priated to carry out this section and under
                                               otherwise appropriated, $135,000,000, to re-            and respond to COVID–19.                               the authority of section 658O of the Child
                                               main available until expended, under the Na-              (b) ALLOCATION OF AMOUNTS.—Amounts ap-               Care and Development Block Grant Act of
                                               tional Foundation on the Arts and the Hu-               propriated under subsection (a) shall be allo-         1990 (42 U.S.C. 9858m) and this section, the
                                               manities Act of 1965, as follows:                       cated as follows:                                      Secretary shall award to each lead agency a
                                                 (1) Forty percent shall be for grants, and              (1) Not less than $100,000,000 shall be for the      child care stabilization grant, without re-




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                                               relevant administrative expenses, to State              Occupational Safety and Health Administra-             gard to the requirements in subparagraphs
                                               arts agencies and regional arts organizations           tion, of which $10,000,000 shall be for Susan          (C) and (E) of section 658E(c)(3), and in sec-
                                               that support organizations’ programming                 Harwood training grants and not less than              tion 658G, of the Child Care and Development
                                               and general operating expenses to cover up              $5,000,000 shall be for enforcement activities         Block Grant Act of 1990 (42 U.S.C. 9858c(c)(3),
                                               to 100 percent of the costs of the programs             related to COVID–19 at high risk workplaces            9858e). Such grant shall be allotted in accord-
                                               which the grants support, to prevent, prepare           including health care, meat and poultry                ance with section 658O of the Child Care and
                                               for, respond to, and recover from the                   processing facilities, agricultural workplaces         Development Block Grant Act of 1990 (42
                                               coronavirus.                                            and correctional facilities.                           U.S.C. 9858m).




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                                               S1060                                             CONGRESSIONAL RECORD — SENATE                                                           March 4, 2021
                                                 (d) STATE RESERVATIONS AND SUBGRANTS.—                at least 50 percent of the funds received pur-         sidered to be a reference to ‘the end of fiscal
                                                 (1) RESERVATION.—A lead agency for a                  suant to subsection (c) that are available for         year 2025’; and
                                               State that receives a child care stabilization          subgrants described in this paragraph within             ‘‘(D) funds made available to a State in a
                                               grant pursuant to subsection (c) shall re-              9 months of the date of enactment of this              grant under section 306(a) and obligated in a
                                               serve not more than 10 percent of such grant            Act.                                                   timely manner shall be available for expend-
                                               funds to administer subgrants, provide tech-              (e) USES OF FUNDS.—                                  iture, by the State or a recipient of funds
                                               nical assistance and support for applying for             (1) IN GENERAL.—A qualified child care pro-          from the grant, through the end of fiscal
                                               and accessing the subgrant opportunity, pub-            vider that receives funds through such a               year 2025;
                                               licize the availability of the subgrants, carry         subgrant shall use the funds for at least one            ‘‘(2) $18,000,000 to carry out section 309.
                                               out activities to increase the supply of child          of the following:                                        ‘‘(3) $2,000,000 to carry out section 313, of
                                               care, and provide technical assistance to                 (A) Personnel costs, including payroll and           which $1,000,000 shall be allocated to support
                                               help child care providers implement policies            salaries or similar compensation for an em-            Indian communities.’’.
                                               as described in paragraph (2)(D)(i).                    ployee (including any sole proprietor or inde-           (b) COVID–19 PUBLIC HEALTH EMERGENCY
                                                 (2) SUBGRANTS TO QUALIFIED CHILD CARE                 pendent contractor), employee benefits, pre-           DEFINED.—In this section, the term ‘‘COVID–
                                               PROVIDERS.—                                             mium pay, or costs for employee recruit-               19 public health emergency’’ means the pub-
                                                 (A) IN GENERAL.—The lead agency shall use             ment and retention.                                    lic health emergency declared by the Sec-
                                               the remainder of the grant funds awarded                  (B) Rent (including rent under a lease               retary of Health and Human Services under
                                               pursuant to subsection (c) to make subgrants            agreement) or payment on any mortgage ob-              section 319 of the Public Health Service Act
                                               to qualified child care providers described in          ligation, utilities, facility maintenance or           (42 U.S.C. 247d) on January 31, 2020, with re-
                                               subparagraph (B), regardless of such a pro-             improvements, or insurance.                            spect to COVID–19, including any renewal of
                                               vider’s previous receipt of other Federal as-             (C) Personal protective equipment, clean-            the declaration.
                                               sistance, to support the stability of the child         ing and sanitization supplies and services, or           (c) GRANTS TO SUPPORT CULTURALLY SPE-
                                               care sector during and after the COVID–19               training and professional development re-              CIFIC POPULATIONS.—
                                               public health emergency.                                lated to health and safety practices.                    (1) IN GENERAL.—In addition to amounts
                                                 (B) QUALIFIED CHILD CARE PROVIDER.—To be                (D) Purchases of or updates to equipment             otherwise made available, there is appro-
                                               qualified to receive a subgrant under this              and supplies to respond to the COVID–19 pub-           priated, out of any amounts in the Treasury
                                               paragraph, a provider shall be an eligible              lic health emergency.                                  not otherwise appropriated, to the Secretary
                                               child care provider that on the date of sub-              (E) Goods and services necessary to main-            of Health and Human Services (in this sec-
                                               mission of an application for the subgrant,             tain or resume child care services.                    tion referred to as the ‘‘Secretary’’),
                                               was either—                                               (F) Mental health supports for children and          $49,500,000 for fiscal year 2021, to be available
                                                 (i) open and available to provide child care          employees.                                             until expended, to carry out this subsection
                                               services; or                                              (2) REIMBURSEMENT.—The qualified child               (excluding Federal administrative costs, for
                                                 (ii) closed due to public health, financial           care provider may use the subgrant funds to            which funds are appropriated under sub-
                                               hardship, or other reasons relating to the              reimburse the provider for sums obligated or           section (e)).
                                               COVID–19 public health emergency.                       expended before the date of enactment of                 (2) USE OF FUNDS.—From amounts appro-
                                                 (C) SUBGRANT AMOUNT.—The amount of                    this Act for the cost of a good or service de-         priated under paragraph (1), the Secretary
                                               such a subgrant to a qualified child care pro-          scribed in paragraph (1) to respond to the             acting through the Director of the Family
                                               vider shall be based on the provider’s stated           COVID–19 public health emergency.                      Violence Prevention and Services Program,
                                               current operating expenses, including costs               (f) SUPPLEMENT NOT SUPPLANT.—Amounts                 shall—
                                               associated with providing or preparing to               made available to carry out this section                 (A) support culturally specific community-
                                               provide child care services during the                  shall be used to supplement and not supplant           based organizations to provide culturally
                                               COVID–19 public health emergency, and to                other Federal, State, and local public funds           specific activities for survivors of sexual as-
                                               the extent practicable, cover sufficient oper-          expended to provide child care services for            sault and domestic violence, to address
                                               ating expenses to ensure continuous oper-               eligible individuals.                                  emergent needs resulting from the COVID–19
                                               ations for the intended period of the                   SEC. 2203. HEAD START.                                 public health emergency and other public
                                               subgrant.                                                 In addition to amounts otherwise avail-              health concerns; and
                                                 (D) APPLICATION.—The lead agency shall—               able, there is appropriated for fiscal year              (B) support culturally specific community-
                                                 (i) make available on the lead agency’s               2021, out of any amounts in the Treasury not           based organizations that provide culturally
                                               website an application for qualified child              otherwise appropriated, $1,000,000,000, to re-         specific activities to promote strategic part-
                                               care providers that includes certifications             main available through September 30, 2022,             nership development and collaboration in re-
                                               that, for the duration of the subgrant—                 to carry out the Head Start Act, including             sponding to the impact of COVID–19 and
                                                 (I) the provider applying will, when open             for Federal administrative expenses. After             other public health concerns on survivors of
                                               and available to provide child care services,           reserving funds for Federal administrative             sexual assault and domestic violence.
                                               implement policies in line with guidance                expenses, the Secretary shall allocate all re-           (d) GRANTS TO SUPPORT SURVIVORS OF SEX-
                                               from the corresponding State, Tribal, and               maining amounts to Head Start agencies for             UAL ASSAULT.—
                                               local authorities, and in accordance with               one-time grants, and shall allocate to each              (1) IN GENERAL.—In addition to amounts
                                               State, Tribal, and local orders, and, to the            Head Start agency an amount that bears the             otherwise made available, there is appro-
                                               greatest extent possible, implement policies            same ratio to the portion available for allo-          priated, out of any amounts in the Treasury
                                               in line with guidance from the Centers for              cations as the number of enrolled children             not otherwise appropriated, to the Sec-
                                               Disease Control and Prevention;                         served by the Head Start agency bears to the           retary, $198,000,000 for fiscal year 2021, to be
                                                 (II) for each employee, the provider will             number of enrolled children served by all              available until expended, to carry out this
                                               pay not less than the full compensation, in-            Head Start agencies.                                   subsection (excluding Federal administrative
                                               cluding any benefits, that was provided to              SEC. 2204. PROGRAMS FOR SURVIVORS.                     costs, for which funds are appropriated under
                                               the employee as of the date of submission of              (a) IN GENERAL.—Section 303 of the Family            subsection (e)).
                                               the application for the subgrant (referred to           Violence Prevention and Services Act (42                 (2) USE OF FUNDS.—From amounts appro-
                                               in this subclause as ‘‘full compensation’’),            U.S.C. 10403) is amended by adding at the end          priated under paragraph (1), the Secretary
                                               and will not take any action that reduces               the following:                                         acting through the Director of the Family
                                               the weekly amount of the employee’s com-                  ‘‘(d) ADDITIONAL FUNDING.—For the pur-               Violence Prevention and Services Program,
                                               pensation below the weekly amount of full               poses of carrying out this title, in addition          shall     assist    rape    crisis   centers   in
                                               compensation, or that reduces the employ-               to amounts otherwise made available for                transitioning to virtual services and meeting
                                               ee’s rate of compensation below the rate of             such purposes, there are appropriated, out of          the emergency needs of survivors.
                                               full compensation, including the involuntary            any amounts in the Treasury not otherwise                (e) ADMINISTRATIVE COSTS.—In addition to
                                               furloughing of any employee employed on                 appropriated, for fiscal year 2021, to remain          amounts otherwise made available, there is
                                               the date of submission of the application for           available until expended except as otherwise           appropriated to the Secretary, out of any
                                               the subgrant; and                                       provided in this subsection, each of the fol-          amounts in the Treasury not otherwise ap-
                                                 (III) the provider will provide relief from           lowing:                                                propriated, $2,500,000 for fiscal year 2021, to
                                               copayments and tuition payments for the                   ‘‘(1) $180,000,000 to carry out sections 301         remain available until expended, for the Fed-
                                               families enrolled in the provider’s program,            through 312, to be allocated in the manner             eral administrative costs of carrying out
                                               to the extent possible, and prioritize such re-         described in subsection (a)(2), except that—           subsections (c) and (d).
                                               lief for families struggling to make either               ‘‘(A) a reference in subsection (a)(2) to an




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                                                                                                                                                              SEC.   2205.   CHILD ABUSE   PREVENTION     AND
                                               type of payment; and                                    amount appropriated under subsection (a)(1)                           TREATMENT.
                                                 (ii) accept and process applications sub-             shall be considered to be a reference to an              In addition to amounts otherwise avail-
                                               mitted under this subparagraph on a rolling             amount appropriated under this paragraph;              able, there is appropriated to the Secretary
                                               basis, and provide subgrant funds in advance              ‘‘(B) the matching requirement in section            of Health and Human Services for fiscal year
                                               of provider expenditures, except as provided            306(c)(4) and condition in section 308(d)(3)           2021, out of any money in the Treasury not
                                               in subsection (e)(2).                                   shall not apply; and                                   otherwise    appropriated,   the   following
                                                 (E) OBLIGATION.—The lead agency shall no-               ‘‘(C) each reference in section 305(e) to ‘the       amounts, to remain available through Sep-
                                               tify the Secretary if it is unable to obligate          end of the following fiscal year’ shall be con-        tember 30, 2023:




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                                               March 4, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                     S1061
                                                 (1) $250,000,000 for carrying out the program         section 105(b) of the Domestic Volunteer                  (G) transportation of individuals to facili-
                                               authorized under section 201 of the Child               Service Act of 1973 (42 U.S.C. 4955(b)).               tate vaccinations, including at community
                                               Abuse Prevention and Treatment Act (42                    (5) NATIONAL SENIOR SERVICE CORPS.—                  vaccination centers and mobile vaccination
                                               U.S.C. 5116), which shall be allocated without          $30,000,000 shall be used for the purposes de-         units, particularly for underserved popu-
                                               regard to section 204(4) of such Act (42 U.S.C.         scribed in section 200 of the Domestic Volun-          lations.
                                               5116d(4)) and shall be allotted to States in ac-        teer Service Act of 1973 (42 U.S.C. 5000).                (c) SUPPLEMENTAL FUNDING FOR STATE
                                               cordance with section 203 of such Act (42                 (6) ADMINISTRATIVE COSTS.—$73,000,000 shall          VACCINATION GRANTS.—
                                               U.S.C. 5116b), except that—                             be used for the Corporation for National and              (1) DEFINITIONS.—In this subsection:
                                                 (A) in subsection (b)(1)(A) of such section           Community Service for administrative ex-                  (A) BASE FORMULA.—The term ‘‘base for-
                                               203, ‘‘70 percent’’ shall be deemed to be ‘‘100         penses to carry out programs and activities            mula’’ means the allocation formula that ap-
                                               percent’’; and                                          funded by subsection (a).                              plied to the Public Health Emergency Pre-
                                                 (B) subsections (b)(1)(B) and (c) of such sec-          (7) OFFICE OF INSPECTOR GENERAL.—                    paredness cooperative agreement in fiscal
                                               tion 203 shall not apply; and                           $9,000,000 shall be used for the Office of In-         year 2020.
                                                 (2) $100,000,000 for carrying out the State           spector General of the Corporation for Na-                (B) ALTERNATIVE ALLOCATION.—The term
                                               grant program authorized under section 106              tional and Community Service for salaries              ‘‘alternative allocation’’ means an allocation
                                               of the Child Abuse Prevention and Treat-                and expenses necessary for oversight and               to each State, territory, or locality cal-
                                               ment Act (42 U.S.C. 5106a), which shall be al-          audit of programs and activities funded by             culated using the percentage derived from
                                               located without regard to section 112(a)(2) of          subsection (a).                                        the allocation received by such State, terri-
                                               such Act (42 U.S.C. 5106h(a)(2)).                         (c) NATIONAL SERVICE TRUST.—In addition              tory, or locality of the aggregate amount of
                                               SEC. 2206. CORPORATION FOR NATIONAL AND                 to amounts otherwise made available, there             fiscal year 2020 Public Health Emergency
                                                           COMMUNITY SERVICE AND THE NA-               is appropriated for fiscal year 2021, out of           Preparedness cooperative agreement awards
                                                           TIONAL SERVICE TRUST.                       any money in the Treasury not otherwise ap-            under section 319C–1 of the Public Health
                                                 (a) CORPORATION FOR NATIONAL AND COMMU-               propriated, $148,000,000, to remain available          Service Act (42 U.S.C. 247d–3a).
                                               NITY SERVICE.—In addition to amounts other-             until expended, for administration of the Na-             (2) SUPPLEMENTAL FUNDING.—
                                               wise made available, there is appropriated              tional Service Trust, and for payment to the              (A) IN GENERAL.—Not later than 21 days
                                               for fiscal year 2021, out of any money in the           Trust for the provision of educational awards          after the date of enactment of this Act, the
                                               Treasury not otherwise appropriated, to the             pursuant to section 145(a)(1)(A) of the Na-            Secretary shall use amounts described in
                                               Corporation for National and Community                  tional and Community Service Act of 1990 (42           subsection (a) to provide supplemental fund-
                                               Service, $852,000,000, to remain available              U.S.C. 12601(a)(1)(A)).                                ing to any State, locality, or territory that
                                               through September 30, 2024, to carry out sub-                      Subtitle D—Public Health                    received less of the amounts that were ap-
                                               section (b), except that amounts to carry out           SEC. 2301. FUNDING FOR COVID–19 VACCINE AC-
                                                                                                                                                              propriated under title III of division M of
                                               subsection (b)(7) shall remain available until                      TIVITIES AT THE CENTERS FOR DIS-           Public Law 116–260 for vaccination grants to
                                               September 30, 2026.                                                 EASE CONTROL AND PREVENTION.               be issued by the Centers for Disease Control
                                                 (b) ALLOCATION OF AMOUNTS.—Amounts                      (a) IN GENERAL.—In addition to amounts               and Prevention than such State, locality, or
                                               provided by subsection (a) shall be allocated           otherwise available, there is appropriated to          territory would have received had such
                                               as follows:                                             the Secretary of Health and Human Services             amounts been allocated using the alternative
                                                 (1) AMERICORPS STATE AND NATIONAL.—                   (in this subtitle referred to as the ‘‘Sec-            allocation.
                                               $620,000,000 shall be used—                             retary’’) for fiscal year 2021, out of any                (B) AMOUNT.—The amount of supplemental
                                                 (A) to increase the living allowances of              money in the Treasury not otherwise appro-             funding provided under this subsection shall
                                               participants in national service programs;              priated, $7,500,000,000, to remain available           be equal to the difference between—
                                               and                                                     until expended, to carry out activities to                (i) the amount the State, locality, or terri-
                                                 (B) to make funding adjustments to exist-             plan, prepare for, promote, distribute, ad-            tory received, or would receive, under the
                                               ing (as of the date of enactment of this Act)           minister, monitor, and track COVID–19 vac-             base formula; and
                                               awards and award new and additional awards              cines.                                                    (ii) the amount the State, locality, or ter-
                                               to entities to support programs described in              (b) USE OF FUNDS.—The Secretary, acting              ritory would receive under the alternative
                                               paragraphs (1)(B), (2)(B), (3)(B), (4)(B), and          through the Director of the Centers for Dis-           allocation.
                                               (5)(B) of subsection (a), and subsection (b)(2),        ease Control and Prevention, and in con-               SEC. 2302. FUNDING FOR VACCINE CONFIDENCE
                                               of section 122 of the National and Commu-               sultation with other agencies, as applicable,                      ACTIVITIES.
                                               nity Service Act of 1990 (42 U.S.C. 12572),             shall, in conducting activities referred to in           In addition to amounts otherwise avail-
                                               whether or not the entities are already grant           subsection (a)—                                        able, there is appropriated to the Secretary
                                               recipients under such provisions on the date              (1) conduct activities to enhance, expand,           for fiscal year 2021, out of any money in the
                                               of enactment of this Act, and notwith-                  and improve nationwide COVID–19 vaccine                Treasury      not    otherwise    appropriated,
                                               standing section 122(a)(1)(B)(vi) of the Na-            distribution and administration, including             $1,000,000,000, to remain available until ex-
                                               tional and Community Service Act of 1990 (42            activities related to distribution of ancillary        pended, to carry out activities, acting
                                               U.S.C. 12572(a)(1)(B)(vi)), by—                         medical products and supplies related to vac-          through the Director of the Centers for Dis-
                                                 (i) prioritizing entities serving commu-              cines; and                                             ease Control and Prevention—
                                               nities    disproportionately     impacted     by          (2) provide technical assistance, guidance,            (1) to strengthen vaccine confidence in the
                                               COVID–19 and utilizing culturally competent             and support to, and award grants or coopera-           United States, including its territories and
                                               and multilingual strategies in the provision            tive agreements to, State, local, Tribal, and          possessions;
                                               of services; and                                        territorial public health departments for en-            (2) to provide further information and edu-
                                                 (ii) taking into account the diversity of             hancement of COVID–19 vaccine distribution             cation with respect to vaccines licensed
                                               communities and participants served by such             and administration capabilities, including—            under section 351 of the Public Health Serv-
                                               entities, including racial, ethnic, socio-                (A) the distribution and administration of           ice Act (42 U.S.C. 262) or authorized under
                                               economic, linguistic, or geographic diver-              vaccines licensed under section 351 of the             section 564 of the Federal Food, Drug, and
                                               sity.                                                   Public Health Service Act (42 U.S.C. 262) or           Cosmetic Act (21 U.S.C. 360bbb–3); and
                                                 (2) STATE COMMISSIONS.—$20,000,000 shall be           authorized under section 564 of the Federal              (3) to improve rates of vaccination
                                               used to make adjustments to existing (as of             Food, Drug, and Cosmetic Act (21 U.S.C.                throughout the United States, including its
                                               the date of enactment of this Act) awards               360bbb–3) and ancillary medical products and           territories     and    possessions,   including
                                               and new and additional awards, including                supplies related to vaccines;                          through activities described in section 313 of
                                               awards to State Commissions on National                   (B) the establishment and expansion, in-             the Public Health Service Act, as amended
                                               and Community Service, under section 126(a)             cluding staffing support, of community vac-            by section 311 of division BB of the Consoli-
                                               of the National and Community Service Act               cination centers, particularly in underserved          dated Appropriations Act, 2021 (Public Law
                                               of 1990 (42 U.S.C. 12576(a)).                           areas;                                                 116–260).
                                                 (3)    VOLUNTEER       GENERATION      FUND.—           (C) the deployment of mobile vaccination             SEC. 2303. FUNDING FOR SUPPLY CHAIN FOR
                                               $20,000,000 shall be used for expenses author-          units, particularly in underserved areas;                          COVID–19    VACCINES,    THERA-
                                               ized under section 501(a)(4)(F) of the National           (D) information technology, standards-                           PEUTICS, AND MEDICAL SUPPLIES.
                                               and Community Service Act of 1990 (42 U.S.C.            based data, and reporting enhancements, in-              In addition to amounts otherwise avail-
                                               12681(a)(4)(F)), which, notwithstanding sec-            cluding improvements necessary to support              able, there is appropriated to the Secretary
                                               tion 198P(d)(1)(B) of that Act (42 U.S.C.               standards-based sharing of data related to             for fiscal year 2021, out of any money in the




SSpencer on DSK126QN23PROD with SENATE
                                               12653p(d)(1)(B)), shall be for grants awarded           vaccine distribution and vaccinations and              Treasury      not    otherwise   appropriated,
                                               by the Corporation for National and Commu-              systems that enhance vaccine safety, effec-            $6,050,000,000, to remain available until ex-
                                               nity Service on a competitive basis.                    tiveness, and uptake, particularly among un-           pended, for necessary expenses with respect
                                                 (4) AMERICORPS VISTA.—$80,000,000 shall be            derserved populations;                                 to research, development, manufacturing,
                                               used for the purposes described in section 101            (E) facilities enhancements;                         production, and the purchase of vaccines,
                                               of the Domestic Volunteer Service Act of                  (F) communication with the public regard-            therapeutics, and ancillary medical products
                                               1973 (42 U.S.C. 4951), including to increase the        ing when, where, and how to receive COVID–             and supplies to prevent, prepare, or respond
                                               living allowances of volunteers, described in           19 vaccines; and                                       to—




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                                               S1062                                             CONGRESSIONAL RECORD — SENATE                                                         March 4, 2021
                                                 (1) SARS–CoV–2 or any viral variant mu-               agreements to State, local, and territorial            prove genomic sequencing and surveillance
                                               tating therefrom with pandemic potential;               public health departments for activities to            capabilities at the State and local level.
                                               and                                                     detect, diagnose, trace, and monitor SARS–             SEC. 2403. FUNDING FOR GLOBAL HEALTH.
                                                 (2) COVID–19 or any disease with potential            CoV–2 and COVID–19 infections and related                In addition to amounts otherwise avail-
                                               for creating a pandemic.                                strategies and activities to mitigate the              able, there is appropriated to the Secretary
                                               SEC. 2304. FUNDING FOR COVID–19 VACCINE,                spread of COVID–19;                                    for fiscal year 2021, out of any amounts in
                                                          THERAPEUTIC, AND DEVICE ACTIVI-                (3) support the development, manufac-                the Treasury not otherwise appropriated,
                                                          TIES AT THE FOOD AND DRUG AD-                turing, procurement, distribution, and ad-             $750,000,000, to remain available until ex-
                                                          MINISTRATION.                                ministration of tests to detect or diagnose            pended, for activities to be conducted acting
                                                 In addition to amounts otherwise avail-               SARS–CoV–2      and     COVID–19,   including          through the Director of the Centers for Dis-
                                               able, there is appropriated to the Secretary            through—                                               ease Control and Prevention to combat
                                               for fiscal year 2021, out of any money in the             (A) support for the development, manufac-            SARS–CoV–2, COVID–19, and other emerging
                                               Treasury      not   otherwise    appropriated,          ture, procurement, and distribution of sup-            infectious disease threats globally, including
                                               $500,000,000, to remain available until ex-             plies necessary for administering tests, such          efforts related to global health security,
                                               pended, to be used for the evaluation of the            as personal protective equipment; and                  global disease detection and response, global
                                               continued performance, safety, and effective-             (B) support for the acquisition, construc-           health protection, global immunization, and
                                               ness, including with respect to emerging                tion, alteration, or renovation of non-feder-          global coordination on public health.
                                               COVID–19 variants, of vaccines, therapeutics,           ally owned facilities for the production of            SEC. 2404. FUNDING FOR DATA MODERNIZATION
                                               and diagnostics approved, cleared, licensed,            diagnostics and ancillary medical products                         AND FORECASTING CENTER.
                                               or authorized for use for the treatment, pre-           and supplies where the Secretary determines              In addition to amounts otherwise avail-
                                               vention, or diagnosis of COVID–19; facilita-            that such an investment is necessary to en-            able, there is appropriated to the Secretary
                                               tion of advanced continuous manufacturing               sure the production of sufficient amounts of           for fiscal year 2021, out of any money in the
                                               activities related to production of vaccines            such supplies;                                         Treasury      not   otherwise    appropriated,
                                               and related materials; facilitation and con-              (4) establish and expand Federal, State,             $500,000,000, to remain available until ex-
                                               duct of inspections related to the manufac-             local, and territorial testing and contact             pended, for activities to be conducted acting
                                               turing of vaccines, therapeutics, and devices           tracing capabilities, including—                       through the Director of the Centers for Dis-
                                               delayed or cancelled for reasons related to               (A) through investments in laboratory ca-            ease Control and Prevention to support pub-
                                               COVID–19; review of devices authorized for              pacity, such as—                                       lic health data surveillance and analytics in-
                                               use for the treatment, prevention, or diag-               (i) academic and research laboratories, or           frastructure modernization initiatives at the
                                               nosis of COVID–19; and oversight of the sup-            other laboratories that could be used for              Centers for Disease Control and Prevention,
                                               ply chain and mitigation of shortages of vac-           processing of COVID–19 testing;                        and establish, expand, and maintain efforts
                                               cines, therapeutics, and devices approved,                (ii) community-based testing sites and               to modernize the United States disease warn-
                                               cleared, licensed, or authorized for use for            community-based organizations; or                      ing system to forecast and track hotspots for
                                               the treatment, prevention, or diagnosis of                (iii) mobile health units, particularly in           COVID–19, its variants, and emerging bio-
                                               COVID–19 by the Food and Drug Administra-               medically underserved areas; and                       logical threats, including academic and
                                               tion.                                                     (B) with respect to quarantine and isola-            workforce      support   for   analytics  and
                                               SEC. 2305. REDUCED COST-SHARING.                        tion of contacts;                                      informatics infrastructure and data collec-
                                                 (a) IN GENERAL.—Section 1402 of the Pa-                 (5) enhance information technology, data             tion systems.
                                               tient Protection and Affordable Care Act is             modernization, and reporting, including im-                 Subtitle F—Public Health Workforce
                                               amended by redesignating subsection (f) as              provements necessary to support sharing of             SEC. 2501. FUNDING FOR PUBLIC HEALTH WORK-
                                               subsection (g) and by inserting after sub-              data related to public health capabilities;                        FORCE.
                                               section (e) the following new subsection:                 (6) award grants to, or enter into coopera-            (a) IN GENERAL.—In addition to amounts
                                                 ‘‘(f) SPECIAL RULE FOR INDIVIDUALS WHO                tive agreements or contracts with, State,              otherwise available, there is appropriated to
                                               RECEIVE UNEMPLOYMENT COMPENSATION DUR-                  local, and territorial public health depart-           the Secretary of Health and Human Services
                                               ING 2021.—For purposes of this section, in the          ments to establish, expand, and sustain a              (in this subtitle referred to as the ‘‘Sec-
                                               case of an individual who has received, or              public health workforce; and                           retary’’) for fiscal year 2021, out of any
                                               has been approved to receive, unemployment                (7) to cover administrative and program              money in the Treasury not otherwise appro-
                                               compensation for any week beginning during              support costs necessary to conduct activities          priated, $7,660,000,000, to remain available
                                               2021, for the plan year in which such week be-          related to subparagraph (a).                           until expended, to carry out activities re-
                                               gins—                                                   SEC. 2402. FUNDING FOR SARS–COV–2 GENOMIC              lated to establishing, expanding, and sus-
                                                 ‘‘(1) such individual shall be treated as                         SEQUENCING AND SURVEILLANCE.               taining a public health workforce, including
                                               meeting the requirements of subsection                    (a) IN GENERAL.—In addition to amounts               by making awards to State, local, and terri-
                                               (b)(2), and                                             otherwise available, there is appropriated to          torial public health departments.
                                                 ‘‘(2) for purposes of subsections (c) and (d),        the Secretary for fiscal year 2021 out of any            (b) USE OF FUNDS FOR PUBLIC HEALTH DE-
                                               there shall not be taken into account any               money in the Treasury not otherwise appro-             PARTMENTS.—Amounts made available to an
                                               household income of the individual in excess            priated, $1,750,000,000, to remain available           awardee pursuant to subsection (a) shall be
                                               of 133 percent of the poverty line for a family         until expended, to strengthen and expand ac-           used for the following:
                                               of the size involved.’’.                                tivities and workforce related to genomic se-            (1) Costs, including wages and benefits, re-
                                                 (b) EFFECTIVE DATE.—The amendment                     quencing, analytics, and disease surveil-              lated to the recruiting, hiring, and training
                                               made by this section shall apply to plan                lance.                                                 of individuals—
                                               years beginning after December 31, 2020.                  (b) USE OF FUNDS.—From amounts appro-                  (A) to serve as case investigators, contact
                                                              Subtitle E—Testing                       priated by subsection (a), the Secretary, act-         tracers, social support specialists, commu-
                                               SEC. 2401. FUNDING FOR COVID–19 TESTING,                ing through the Director of the Centers for            nity health workers, public health nurses,
                                                          CONTACT TRACING, AND MITIGA-                 Disease Control and Prevention, shall—                 disease intervention specialists, epidemiolo-
                                                          TION ACTIVITIES.                               (1) conduct, expand, and improve activities          gists, program managers, laboratory per-
                                                 (a) IN GENERAL.—In addition to amounts                to sequence genomes, identify mutations,               sonnel, informaticians, communication and
                                               otherwise available, there is appropriated to           and survey the circulation and transmission            policy experts, and any other positions as
                                               the Secretary of Health and Human Services              of viruses and other organisms, including              may be required to prevent, prepare for, and
                                               (in this subtitle referred to as the ‘‘Sec-             strains of SARS–CoV–2;                                 respond to COVID–19; and
                                               retary’’) for fiscal year 2021, out of any                (2) award grants or cooperative agreements             (B) who are employed by—
                                               money in the Treasury not otherwise appro-              to State, local, Tribal, or territorial public           (i) the State, territorial, or local public
                                               priated, $47,800,000,000, to remain available           health departments or public health labora-            health department involved; or
                                               until expended, to carry out activities to de-          tories—                                                  (ii) a nonprofit private or public organiza-
                                               tect, diagnose, trace, and monitor SARS–                  (A) to increase their capacity to sequence           tion with demonstrated expertise in imple-
                                               CoV–2 and COVID–19 infections and related               genomes of circulating strains of viruses and          menting public health programs and estab-
                                               strategies to mitigate the spread of COVID–             other organisms, including SARS–CoV–2;                 lished relationships with such State, terri-
                                               19.                                                       (B) to identify mutations in viruses and             torial, or local public health departments,
                                                 (b) USE OF FUNDS.—From amounts appro-                 other organisms, including SARS–CoV–2;                 particularly in medically underserved areas.
                                               priated by subsection (a), the Secretary                  (C) to use genomic sequencing to identify              (2) Personal protective equipment, data
                                               shall—                                                  outbreaks and clusters of diseases or infec-           management and other technology, or other




SSpencer on DSK126QN23PROD with SENATE
                                                 (1) implement a national, evidence-based              tions, including COVID–19; and                         necessary supplies.
                                               strategy for testing, contact tracing, surveil-           (D) to develop effective disease response              (3) Administrative costs and activities nec-
                                               lance, and mitigation with respect to SARS–             strategies based on genomic sequencing and             essary for awardees to implement activities
                                               CoV–2 and COVID–19, including through ac-               surveillance data;                                     funded under this section.
                                               tivities authorized under section 319(a) of the           (3) enhance and expand the informatics ca-             (4) Subawards from recipients of awards
                                               Public Health Service Act;                              pabilities of the public health workforce; and         under subsection (a) to local health depart-
                                                 (2) provide technical assistance, guidance,             (4) award grants for the construction, al-           ments for the purposes of the activities fund-
                                               and support, and award grants or cooperative            teration, or renovation of facilities to im-           ed under this section.




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                                               March 4, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                     S1063
                                               SEC. 2502. FUNDING FOR MEDICAL RESERVE                  the Secretary for fiscal year 2021, out of any         SEC. 2605. FUNDING FOR FAMILY PLANNING.
                                                          CORPS.                                       money in the Treasury not otherwise appro-               In addition to amounts otherwise avail-
                                                 In addition to amounts otherwise avail-               priated, $800,000,000, to remain available             able, there is appropriated to the Secretary
                                               able, there is appropriated to the Secretary            until expended, for carrying out sections              for fiscal year 2021, out of any money in the
                                               for fiscal year 2021, out of any money in the           338A, 338B, and 338I of the Public Health              Treasury     not    otherwise    appropriated,
                                               Treasury      not   otherwise    appropriated,          Service Act (42 U.S.C. 254l, 254l–1, 254q–1)           $50,000,000, to remain available until ex-
                                               $100,000,000, to remain available until ex-             with respect to the health workforce.                  pended, for necessary expenses for making
                                               pended, for carrying out section 2813 of the              (b) STATE LOAN REPAYMENT PROGRAMS.—                  grants and contracts under section 1001 of
                                               Public Health Service Act (42 U.S.C. 300hh–               (1) IN GENERAL.—Of the amount made                   the Public Health Service Act (42 U.S.C. 300).
                                               15).                                                    available    pursuant   to   subsection    (a),          Subtitle H—Mental Health and Substance
                                                    Subtitle G—Public Health Investments               $100,000,000 shall be made available for pro-                           Use Disorder
                                               SEC. 2601. FUNDING FOR COMMUNITY HEALTH                 viding primary health services through                 SEC. 2701. FUNDING FOR BLOCK GRANTS FOR
                                                           CENTERS AND COMMUNITY CARE.                 grants to States under section 338I(a) of the                      COMMUNITY MENTAL HEALTH SERV-
                                                 (a) IN GENERAL.—In addition to amounts                Public Health Service Act (42 U.S.C. 254q–                         ICES.
                                               otherwise available, there is appropriated to           1(a)).                                                   In addition to amounts otherwise avail-
                                               the Secretary of Health and Human Services                (2) CONDITIONS.—With respect to grants de-           able, there is appropriated to the Secretary
                                               (in this subtitle referred to as the ‘‘Sec-             scribed in paragraph (1) using funds made              of Health and Human Services (in this sub-
                                               retary’’) for fiscal year 2021, out of any              available under such paragraph:                        title referred to as the ‘‘Secretary’’) for fis-
                                               money in the Treasury not otherwise appro-                (A) Section 338I(b) of the Public Health             cal year 2021, out of any money in the Treas-
                                               priated, $7,600,000,000, to remain available            Service Act (42 U.S.C. 254q–1(b)) shall not            ury not otherwise appropriated, $1,500,000,000,
                                               until expended, for necessary expenses for              apply.                                                 to remain available until expended, for car-
                                               awarding grants and cooperative agreements                (B) Notwithstanding section 338I(d)(2) of            rying out subpart I of part B of title XIX of
                                               under section 330 of the Public Health Serv-            the Public Health Service Act (42 U.S.C.               the Public Health Service Act (42 U.S.C. 300x
                                               ice Act (42 U.S.C. 254b) to be awarded with-            254q–1(d)(2)), not more than 10 percent of an          et seq.), subpart III of part B of title XIX of
                                               out regard to the time limitation in sub-               award to a State from such amounts, may be             such Act (42 U.S.C. 300x–51 et seq.), and sec-
                                               section (e)(3) and subsections (e)(6)(A)(iii),          used by the State for costs of administering           tion 505(c) of such Act (42 U.S.C. 290aa–4(c))
                                               (e)(6)(B)(iii), and (r)(2)(B) of such section 330,      the State loan repayment program.                      with respect to mental health. Notwith-
                                               and for necessary expenses for awarding                 SEC. 2603. FUNDING FOR NURSE CORPS.                    standing section 1952 of the Public Health
                                               grants to Federally qualified health centers,             In addition to amounts otherwise avail-              Service Act (42 U.S.C. 300x–62), any amount
                                               as described in section 1861(aa)(4)(B) of the           able, there is appropriated to the Secretary           awarded to a State out of amounts appro-
                                               Social           Security          Act         (42      for fiscal year 2021, out of any money in the          priated by this section shall be expended by
                                               U.S.C.1395x(aa)(4)(B)), and for awarding                Treasury      not   otherwise    appropriated,         the State by September 30, 2025.
                                               grants or contracts to Papa Ola Lokahi and              $200,000,000, to remain available until ex-            SEC. 2702. FUNDING FOR BLOCK GRANTS FOR
                                               to qualified entities under sections 4 and 6 of         pended, for carrying out section 846 of the                        PREVENTION AND TREATMENT OF
                                               the Native Hawaiian Health Care Improve-                Public Health Service Act (42 U.S.C. 297n).                        SUBSTANCE ABUSE.
                                               ment Act (42 U.S.C. 11703, 11705). Of the total         SEC. 2604. FUNDING FOR TEACHING HEALTH                   In addition to amounts otherwise avail-
                                               amount appropriated by the preceding sen-                          CENTERS THAT OPERATE GRAD-                  able, there is appropriated to the Secretary
                                               tence, not less than $20,000,000 shall be for                      UATE MEDICAL EDUCATION.                     for fiscal year 2021, out of any money in the
                                               grants or contracts to Papa Ola Lokahi and                (a) IN GENERAL.—In addition to amounts               Treasury      not    otherwise    appropriated,
                                               to qualified entities under sections 4 and 6 of         otherwise available, and notwithstanding the           $1,500,000,000, to remain available until ex-
                                               the Native Hawaiian Health Care Improve-                capped amount referenced in sections                   pended, for carrying out subpart II of part B
                                               ment Act (42 U.S.C. 11703, 11705).                      340H(b)(2) and 340H(d)(2) of the Public Health         of title XIX of the Public Health Service Act
                                                 (b) USE OF FUNDS.—Amounts made avail-                 Service Act (42 U.S.C. 256h(b)(2) and (d)(2)),         (42 U.S.C. 300x–21 et seq.), subpart III of part
                                               able to an awardee pursuant to subsection               there is appropriated to the Secretary for fis-        B of title XIX of such Act (42 U.S.C. 300x–51
                                               (a) shall be used—                                      cal year 2021, out of any money in the Treas-          et seq.), section 505(d) of such Act (42 U.S.C.
                                                 (1) to plan, prepare for, promote, dis-               ury not otherwise appropriated, $330,000,000,          290aa–4(d)) with respect to substance abuse,
                                               tribute, administer, and track COVID–19 vac-            to remain available until September 30, 2023,          and section 515(d) of such Act (42 U.S.C.
                                               cines, and to carry out other vaccine-related           for the program of payments to teaching                290bb–21(d)). Notwithstanding section 1952 of
                                               activities;                                             health centers that operate graduate medical           the Public Health Service Act (42 U.S.C.
                                                 (2) to detect, diagnose, trace, and monitor           education under section 340H of the Public             300x–62), any amount awarded to a State out
                                               COVID–19 infections and related activities              Health Service Act (42 U.S.C. 256h) and for            of amounts appropriated by this section
                                               necessary to mitigate the spread of COVID–              teaching health center development grants              shall be expended by the State by September
                                               19, including activities related to, and equip-         authorized under section 749A of the Public            30, 2025.
                                               ment or supplies purchased for, testing, con-           Health Service Act (42 U.S.C. 293l–1).                 SEC. 2703. FUNDING FOR MENTAL HEALTH AND
                                               tact tracing, surveillance, mitigation, and                (b) USE OF FUNDS.—Amounts made avail-                           SUBSTANCE USE DISORDER TRAIN-
                                               treatment of COVID–19;                                  able pursuant to subsection (a) shall be used                      ING FOR HEALTH CARE PROFES-
                                                 (3) to purchase equipment and supplies to             for the following activities:                                      SIONALS,    PARAPROFESSIONALS,
                                               conduct mobile testing or vaccinations for                 (1) For making payments to establish new                        AND PUBLIC SAFETY OFFICERS.
                                               COVID–19, to purchase and maintain mobile               approved graduate medical residency train-               (a) IN GENERAL.—In addition to amounts
                                               vehicles and equipment to conduct such test-            ing     programs       pursuant    to   section        otherwise available, there is appropriated to
                                               ing or vaccinations, and to hire and train              340H(a)(1)(C) of the Public Health Service             the Secretary for fiscal year 2021, out of any
                                               laboratory personnel and other staff to con-            Act (42 U.S.C. 256h(a)(1)(C)).                         money in the Treasury not otherwise appro-
                                               duct such mobile testing or vaccinations,                  (2) To provide an increase to the per resi-         priated, $80,000,000, to remain available until
                                               particularly in medically underserved areas;            dent amount described in section 340H(a)(2)            expended, for the purpose described in sub-
                                                 (4) to establish, expand, and sustain the             of the Public Health Service Act (42 U.S.C.            section (b).
                                               health care workforce to prevent, prepare               256h(a)(2)) of $10,000.                                  (b) USE OF FUNDING.—The Secretary, act-
                                               for, and respond to COVID–19, and to carry                 (3) For making payments under section               ing through the Administrator of the Health
                                               out other health workforce-related activi-              340H(a)(1)(A) of the Public Health Service             Resources and Services Administration,
                                               ties;                                                   Act (42 U.S.C. 256h(a)(1)(A))) to qualified            shall, taking into consideration the needs of
                                                 (5) to modify, enhance, and expand health             teaching health centers for maintenance of             rural and medically underserved commu-
                                               care services and infrastructure; and                   filled positions at existing approved grad-            nities, use amounts appropriated by sub-
                                                 (6) to conduct community outreach and                 uate medical residency training programs.              section (a) to award grants or contracts to
                                               education activities related to COVID–19.                  (4) For making payments under section               health professions schools, academic health
                                                 (c) PAST EXPENDITURES.—An awardee may                 340H(a)(1)(B) of the Public Health Service             centers, State or local governments, Indian
                                               use amounts awarded pursuant to subsection              Act (42 U.S.C. 256h(a)(1)(B)) for the expansion        Tribes and Tribal organizations, or other ap-
                                               (a) to cover the costs of the awardee carrying          of existing approved graduate medical resi-            propriate public or private nonprofit entities
                                               out any of the activities described in sub-             dency training programs.                               (or consortia of entities, including entities
                                               section (b) during the period beginning on                 (5) For making awards under section 749A            promoting multidisciplinary approaches), to
                                               the date of the declaration of a public health          of the Public Health Service Act (42 U.S.C.            plan, develop, operate, or participate in
                                               emergency by the Secretary under section                293l–1) to teaching health centers for the pur-        health professions and nursing training ac-




SSpencer on DSK126QN23PROD with SENATE
                                               319 of the Public Health Service Act (42                pose of establishing new accredited or ex-             tivities for health care students, residents,
                                               U.S.C. 247d) on January 31, 2020, with respect          panded primary care residency programs.                professionals, paraprofessionals, trainees,
                                               to COVID–19 and ending on the date of such                 (6) To cover administrative costs and ac-           and public safety officers, and employers of
                                               award.                                                  tivities necessary for qualified teaching              such individuals, in evidence-informed strat-
                                               SEC. 2602. FUNDING FOR NATIONAL HEALTH                  health centers receiving payments under sec-           egies for reducing and addressing suicide,
                                                          SERVICE CORPS.                               tion 340H of the Public Health Service Act             burnout, mental health conditions, and sub-
                                                 (a) IN GENERAL.—In addition to amounts                (42 U.S.C. 256h) to carry out activities under         stance use disorders among health care pro-
                                               otherwise available, there is appropriated to           such section.                                          fessionals.




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                                               S1064                                             CONGRESSIONAL RECORD — SENATE                                                           March 4, 2021
                                               SEC.   2704.FUNDING FOR EDUCATION AND                   consequences of such diseases for individuals          $100,000,000, to remain available until ex-
                                                          AWARENESS CAMPAIGN ENCOUR-                   with substance use disorder, distributing              pended, for carrying out section 756 of the
                                                          AGING HEALTHY WORK CONDITIONS                                                                       Public Health Service Act (42 U.S.C. 294e–1).
                                                                                                       opioid overdose reversal medication to indi-
                                                          AND USE OF MENTAL HEALTH AND
                                                          SUBSTANCE USE DISORDER SERV-                 viduals at risk of overdose, connecting indi-          SEC. 2712. FUNDING FOR PEDIATRIC MENTAL
                                                                                                       viduals at risk for, or with, a substance use                     HEALTH CARE ACCESS.
                                                          ICES BY HEALTH CARE PROFES-
                                                          SIONALS.                                     disorder to overdose education, counseling,              In addition to amounts otherwise avail-
                                                 (a) IN GENERAL.—In addition to amounts                and health education, and encouraging such             able, there is appropriated to the Secretary
                                               otherwise available, there is appropriated to           individuals to take steps to reduce the nega-          for fiscal year 2021, out of any money in the
                                               the Secretary for fiscal year 2021, out of any          tive personal and public health impacts of             Treasury     not    otherwise    appropriated,
                                               money in the Treasury not otherwise appro-              substance use or misuse.                               $80,000,000, to remain available until ex-
                                               priated, $20,000,000, to remain available until         SEC. 2707. FUNDING FOR COMMUNITY-BASED                 pended, for carrying out section 330M of the
                                               expended, for the purpose described in sub-                        FUNDING FOR LOCAL BEHAVIORAL                Public Health Service Act (42 U.S.C. 254c–19).
                                                                                                                  HEALTH NEEDS.                               SEC. 2713. FUNDING FOR EXPANSION GRANTS
                                               section (b).
                                                                                                         (a) IN GENERAL.—In addition to amounts                          FOR CERTIFIED COMMUNITY BE-
                                                 (b) USE OF FUNDS.—The Secretary, acting
                                                                                                                                                                         HAVIORAL HEALTH CLINICS.
                                               through the Director of the Centers for Dis-            otherwise available, there is appropriated to
                                                                                                       the Secretary for fiscal year 2021, out of any           In addition to amounts otherwise avail-
                                               ease Control and Prevention and in consulta-
                                                                                                                                                              able, there is appropriated to the Secretary,
                                               tion with the medical professional commu-               money in the Treasury not otherwise appro-
                                                                                                                                                              acting through the Assistant Secretary for
                                               nity, shall use amounts appropriated by sub-            priated, $50,000,000, to remain available until
                                                                                                                                                              Mental Health and Substance Use, for fiscal
                                               section (a) to carry out a national evidence-           expended, to carry out the purpose described
                                                                                                                                                              year 2021, out of any money in the Treasury
                                               based education and awareness campaign di-              in subsection (b).
                                                                                                                                                              not otherwise appropriated, $420,000,000, to
                                               rected at health care professionals and first             (b) USE OF FUNDS.—
                                                                                                                                                              remain available until expended, for grants
                                               responders (such as emergency medical serv-               (1) IN GENERAL.—The Secretary, acting                to communities and community organiza-
                                               ice providers), and employers of such profes-           through the Assistant Secretary for Mental             tions that meet the criteria for Certified
                                               sionals and first responders. Such awareness            Health and Substance Use, shall award                  Community Behavioral Health Clinics pursu-
                                               campaign shall—                                         grants to State, local, Tribal, and territorial        ant to section 223(a) of the Protecting Access
                                                 (1) encourage primary prevention of men-              governments, Tribal organizations, nonprofit           to Medicare Act of 2014 (42 U.S.C. 1396a note).
                                               tal health conditions and substance use dis-            community-based entities, and primary care
                                                                                                                                                                  Subtitle I—Exchange Grant Program
                                               orders and secondary and tertiary prevention            and behavioral health organizations to ad-
                                                                                                                                                              SEC. 2801. ESTABLISHING A GRANT PROGRAM
                                               by encouraging health care professionals to             dress    increased     community    behavioral
                                                                                                                                                                         FOR EXCHANGE MODERNIZATION.
                                               seek support and treatment for their own                health needs worsened by the COVID–19 pub-
                                                                                                                                                                (a) IN GENERAL.—Out of funds appropriated
                                               mental health and substance use concerns;               lic health emergency.
                                                                                                                                                              under subsection (b), the Secretary of Health
                                               and                                                       (2) USE OF GRANT FUNDS.—Grant funds
                                                                                                                                                              and Human Services (in this subtitle referred
                                                 (2) help such professionals to identify risk          awarded under this section to eligible enti-
                                                                                                                                                              to as the ‘‘Secretary’’) shall award grants to
                                               factors in themselves and others and respond            ties shall be used for promoting care coordi-          each American Health Benefits Exchange es-
                                               to such risks.                                          nation among local entities; training the              tablished under section 1311(b) of the Patient
                                               SEC. 2705. FUNDING FOR GRANTS FOR HEALTH                mental and behavioral health workforce, rel-           Protection and Affordable Care Act (42
                                                           CARE PROVIDERS TO PROMOTE                   evant stakeholders, and community mem-                 U.S.C. 18031(b)) (other than an Exchange es-
                                                           MENTAL HEALTH AMONG THEIR                   bers; expanding evidence-based integrated              tablished by the Secretary under section
                                                           HEALTH   PROFESSIONAL  WORK-                models of care; addressing surge capacity for
                                                           FORCE.                                                                                             1321(c) of such Act (42 U.S.C. 18041(c))) that
                                                                                                       mental and behavioral health needs; pro-               submits to the Secretary an application at
                                                 (a) IN GENERAL.—In addition to amounts                viding mental and behavioral health services
                                               otherwise available, there is appropriated to                                                                  such time and in such manner, and con-
                                                                                                       to individuals with mental health needs (in-           taining such information, as specified by the
                                               the Secretary for fiscal year 2021, out of any          cluding co-occurring substance use dis-                Secretary, for purposes of enabling such Ex-
                                               money in the Treasury not otherwise appro-              orders) as delivered by behavioral and men-            change to modernize or update any system,
                                               priated, $40,000,000, to remain available until         tal health professionals utilizing telehealth          program, or technology utilized by such Ex-
                                               expended, for the purpose described in sub-             services; and supporting, enhancing, or ex-            change to ensure such Exchange is compliant
                                               section (b).                                            panding mental and behavioral health pre-              with all applicable requirements.
                                                 (b) USE OF FUNDS.—The Secretary, acting               ventive and crisis intervention services.                (b) FUNDING.—In addition to amounts oth-
                                               through the Administrator of the Health Re-                                                                    erwise available, there is appropriated, for
                                                                                                       SEC. 2708. FUNDING FOR THE NATIONAL CHILD
                                               sources and Services Administration, shall,                         TRAUMATIC STRESS NETWORK.                  fiscal year 2021, out of any money in the
                                               taking into consideration the needs of rural                                                                   Treasury     not    otherwise    appropriated,
                                                                                                         In addition to amounts otherwise avail-
                                               and medically underserved communities, use                                                                     $20,000,000, to remain available until Sep-
                                                                                                       able, there is appropriated to the Secretary
                                               amounts appropriated by subsection (a) to                                                                      tember 30, 2022, for carrying out this section.
                                                                                                       for fiscal year 2021, out of any money in the
                                               award grants or contracts to entities pro-                                                                        Subtitle J—Continued Assistance to Rail
                                                                                                       Treasury     not    otherwise    appropriated,
                                               viding health care, including health care pro-                                                                                     Workers
                                                                                                       $10,000,000, to remain available until ex-
                                               viders associations and Federally qualified
                                                                                                       pended, for carrying out section 582 of the            SEC. 2901. ADDITIONAL ENHANCED BENEFITS
                                               health centers, to establish, enhance, or ex-
                                                                                                       Public Health Service Act (42 U.S.C. 290hh–1)                     UNDER THE RAILROAD UNEMPLOY-
                                               pand evidence-informed programs or proto-                                                                                 MENT INSURANCE ACT.
                                                                                                       with respect to addressing the problem of
                                               cols to promote mental health among their                                                                        (a) IN GENERAL.—Section 2(a)(5)(A) of the
                                                                                                       high-risk or medically underserved persons
                                               providers, other personnel, and members.                                                                       Railroad Unemployment Insurance Act (45
                                                                                                       who experience violence-related stress.
                                               SEC. 2706. FUNDING FOR COMMUNITY-BASED                                                                         U.S.C. 352(a)(5)(A)) is amended—
                                                          FUNDING FOR LOCAL SUBSTANCE                  SEC. 2709. FUNDING FOR PROJECT AWARE.
                                                                                                         In addition to amounts otherwise avail-                (1) in the first sentence—
                                                          USE DISORDER SERVICES.
                                                                                                       able, there is appropriated to the Secretary             (A) by striking ‘‘March 14, 2021’’ and insert-
                                                 (a) IN GENERAL.—In addition to amounts
                                                                                                       for fiscal year 2021, out of any money in the          ing ‘‘August 29, 2021’’;
                                               otherwise available, there is appropriated to
                                                                                                       Treasury     not    otherwise    appropriated,           (B) by striking ‘‘or July 1, 2020’’ and insert-
                                               the Secretary for fiscal year 2021, out of any
                                                                                                       $30,000,000, to remain available until ex-             ing ‘‘July 1, 2020, or July 1, 2021’’; and
                                               money in the Treasury not otherwise appro-
                                                                                                       pended, for carrying out section 520A of the             (2) by adding at the end the following: ‘‘For
                                               priated, $30,000,000, to remain available until
                                                                                                       Public Health Service Act (42 U.S.C. 290bb–            registration periods beginning after March
                                               expended, to carry out the purpose described
                                                                                                       32) with respect to advancing wellness and             14, 2021, but on or before August 29, 2021, the
                                               in subsection (b).
                                                 (b) USE OF FUNDS.—                                    resiliency in education.                               recovery benefit payable under this subpara-
                                                 (1) IN GENERAL.—The Secretary, acting                                                                        graph shall be in the amount of $800.’’.
                                                                                                       SEC. 2710. FUNDING FOR YOUTH SUICIDE PRE-
                                                                                                                                                                (b) CLARIFICATION ON AUTHORITY TO USE
                                               through the Assistant Secretary for Mental                          VENTION.
                                                                                                                                                              FUNDS.—Funds appropriated under subpara-
                                               Health and Substance Use and in consulta-                 In addition to amounts otherwise avail-              graph (B) of section 2(a)(5) of the Railroad
                                               tion with the Director of the Centers for Dis-          able, there is appropriated to the Secretary           Unemployment Insurance Act (45 U.S.C.
                                               ease Control and Prevention, shall award                for fiscal year 2021, out of any money in the          352(a)(5)) shall be available to cover the cost
                                               grants to support States; local, Tribal, and            Treasury     not    otherwise    appropriated,         of recovery benefits provided under such sec-
                                               territorial governments; Tribal organiza-               $20,000,000, to remain available until ex-             tion 2(a)(5) by reason of the amendments
                                               tions; nonprofit community-based organiza-              pended, for carrying out sections 520E and             made by subsection (a) as well as to cover
                                               tions; and primary and behavioral health or-            520E–2 of the Public Health Service Act (42




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                                                                                                                                                              the cost of such benefits provided under such
                                               ganizations to support community-based                  U.S.C. 290bb–36, 290bb–36b).                           section 2(a)(5) as in effect on the day before
                                               overdose prevention programs, syringe serv-             SEC. 2711. FUNDING FOR BEHAVIORAL HEALTH               the date of enactment of this Act.
                                               ices programs, and other harm reduction                             WORKFORCE    EDUCATION   AND               SEC. 2902. EXTENDED UNEMPLOYMENT BENE-
                                               services.                                                           TRAINING.                                             FITS UNDER THE RAILROAD UNEM-
                                                 (2) USE OF GRANT FUNDS.—Grant funds                     In addition to amounts otherwise avail-                         PLOYMENT INSURANCE ACT.
                                               awarded under this section to eligible enti-            able, there is appropriated to the Secretary             (a) IN GENERAL.—Section 2(c)(2)(D) of the
                                               ties shall be used for preventing and control-          for fiscal year 2021, out of any money in the          Railroad Unemployment Insurance Act (45
                                               ling the spread of infectious diseases and the          Treasury     not    otherwise    appropriated,         U.S.C. 352(c)(2)(D)) is amended—




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                                               March 4, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                     S1065
                                                  (1) in clause (i)—                                          Subtitle K—Ratepayer Protection                 long-term stay-at-home recommendations
                                                  (A) in subclause (I), by striking ‘‘185 days’’       SEC. 2911. FUNDING FOR LIHEAP.                         for older individuals for the duration of the
                                               and inserting ‘‘305 days’’;                               In addition to amounts otherwise avail-              COVID–19 public health emergency.
                                                  (B) in subclause (II),                               able, there is appropriated for fiscal year              (4) $44,000,000 shall be available to carry
                                                  (i) by striking ‘‘19 consecutive 14-day peri-        2021, out of any amounts in the Treasury not           out part D of title III of such Act.
                                               ods’’ and inserting ‘‘31 consecutive 14-day pe-         otherwise appropriated, $4,500,000,000, to re-           (5) $145,000,000 shall be available to carry
                                               riods’’; and                                            main available through September 30, 2022,             out part E of title III of such Act.
                                                  (ii) by striking ‘‘6 consecutive 14-day peri-        for additional funding to provide payments               (6) $10,000,000 shall be available to carry
                                               ods’’ and inserting ‘‘18 consecutive 14-day pe-         under section 2602(b) of the Low-Income                out the long-term care ombudsman program
                                               riods’’;                                                Home Energy Assistance Act of 1981 (42                 under title VII of such Act.
                                                  (2) in clause (ii)—                                  U.S.C. 8621(b)), except that—                          SEC. 2922. NATIONAL TECHNICAL ASSISTANCE
                                                  (A) by striking ‘‘120 days of unemploy-                (1) $2,250,000,000 of such amounts shall be                     CENTER ON GRANDFAMILIES AND
                                               ment’’ and inserting ‘‘240 days of unemploy-            allocated as though the total appropriation                       KINSHIP FAMILIES.
                                               ment’’;                                                 for such payments for fiscal year 2021 was
                                                  (B) by striking ‘‘12 consecutive 14-day peri-        less than $1,975,000,000; and                            (a) IN GENERAL.—In addition to amounts
                                               ods’’ and inserting ‘‘24 consecutive 14-day pe-           (2) section 2607(b)(2)(B) of such Act (42            otherwise available, there is appropriated to
                                               riods’’; and                                            U.S.C. 8626(b)(2)(B)) shall not apply to funds         the Secretary of Health and Human Services
                                                  (C) by striking ‘‘6 consecutive 14-day peri-         appropriated under this section for fiscal             for fiscal year 2021, out of any money in the
                                               ods’’ and inserting ‘‘18 consecutive 14-day pe-         year 2021.                                             Treasury      not   otherwise    appropriated,
                                               riods’’; and                                            SEC. 2912. FUNDING FOR WATER ASSISTANCE                $10,000,000, to remain available through Sep-
                                                  (3) in clause (iii)—                                            PROGRAM.                                    tember 30, 2025, for the Secretary, acting
                                                  (A) by striking ‘‘June 30, 2021’’ and insert-          (a) IN GENERAL.—In addition to amounts               through the Administrator of the Adminis-
                                               ing ‘‘June 30, 2022’’; and                              otherwise available, there is appropriated to          tration for Community Living, to establish,
                                                  (B) by striking ‘‘the provisions of clauses          the Secretary of Health and Human Services             directly or through grants or contracts, a
                                               (i) and (ii) shall not apply to any employee            (in this section referred to as the ‘‘Sec-
                                               whose extended benefit period under sub-                                                                       National Technical Assistance Center on
                                                                                                       retary’’) for fiscal year 2021, out of any
                                               paragraph (B) begins after March 14, 2021,                                                                     Grandfamilies and Kinship Families (in this
                                                                                                       amounts in the Treasury not otherwise ap-
                                               and shall not apply to any employee with re-            propriated, $500,000,000, to remain available          section referred to as the ‘‘Center’’) to pro-
                                               spect to any registration period beginning              until expended, for grants to States and In-           vide training, technical assistance, and re-
                                               after April 5, 2021.’’ and inserting ‘‘the provi-       dian Tribes to assist low-income households,           sources for government programs, nonprofit
                                               sions of clauses (i) and (ii) shall not apply to        particularly those with the lowest incomes,            and other community-based organizations,
                                               any employee with respect to any registra-              that pay a high proportion of household in-            and Indian Tribes, Tribal organizations, and
                                               tion period beginning after August 29, 2021.’’          come for drinking water and wastewater                 urban Indian organizations, that serve
                                                  (b) CLARIFICATION ON AUTHORITY TO USE                services, by providing funds to owners or op-          grandfamilies and kinship families to sup-
                                               FUNDS.—Funds appropriated under either the              erators of public water systems or treatment           port the health and well-being of members of
                                               first or second sentence of clause (v) of sec-          works to reduce arrearages of and rates                grandfamilies and kinship families, includ-
                                               tion 2(c)(2)(D) of the Railroad Unemploy-               charged to such households for such services.          ing caregivers, children, and their parents.
                                               ment Insurance Act shall be available to                  (b) ALLOTMENT.—The Secretary shall—                  The Center shall focus primarily on serving
                                               cover the cost of additional extended unem-               (1) allot amounts appropriated in this sec-
                                                                                                                                                              grandfamilies and kinship families in which
                                               ployment benefits provided under such sec-              tion to a State or Indian Tribe based on—
                                               tion 2(c)(2)(D) by reason of the amendments               (A) the percentage of households in the              the primary caregiver is an adult age 55 or
                                               made by subsection (a) as well as to cover              State, or under the jurisdiction of the Indian         older, or the child has one or more disabil-
                                               the cost of such benefits provided under such           Tribe, with income equal or less than 150 per-         ities.
                                               section 2(c)(2)(D) as in effect on the day be-          cent of the Federal poverty line; and                    (b) ACTIVITIES OF THE CENTER.—The Center
                                               fore the date of enactment of this Act.                   (B) the percentage of households in the              shall—
                                               SEC. 2903. EXTENSION OF WAIVER OF THE 7-DAY             State, or under the jurisdiction of the Indian           (1) engage experts to stimulate the devel-
                                                           WAITING PERIOD FOR BENEFITS                 Tribe, that spend more than 30 percent of              opment of new and identify existing evi-
                                                           UNDER THE RAILROAD UNEMPLOY-                monthly income on housing; and                         dence-based, evidence-informed, and exem-
                                                           MENT INSURANCE ACT.                           (2) reserve up to 3 percent of the amount            plary practices or programs related to health
                                                 (a) IN GENERAL.—Section 2112(a) of the                appropriated in this section for Indian Tribes         promotion (including mental health and sub-
                                               CARES Act (15 U.S.C. 9030(a)) is amended by             and tribal organizations.                              stance use disorder treatment), education,
                                               striking ‘‘March 14, 2021’’ and inserting ‘‘Au-          Subtitle L—Assistance for Older Americans,            nutrition, housing, financial needs, legal
                                               gust 29, 2021’’.                                             Grandfamilies, and Kinship Families               issues, disability self-determination, care-
                                                 (b) CLARIFICATION ON AUTHORITY TO USE                 SEC. 2921. SUPPORTING OLDER AMERICANS AND              giver support, and other issues to help serve
                                               FUNDS.—Funds appropriated under section                             THEIR FAMILIES.                            caregivers, children, and their parents in
                                               2112(c) of the CARES Act (15 U.S.C. 9030(c))              (a)    APPROPRIATION.—In   addition  to              grandfamilies and kinship families;
                                               shall be available to cover the cost of addi-           amounts otherwise available, there is appro-             (2) encourage and support the implementa-
                                               tional benefits payable due to section 2112(a)          priated for fiscal year 2021, out of any money         tion of the evidence-based, evidence-in-
                                               of such Act by reason of the amendments                 in the Treasury not otherwise appropriated,            formed, and exemplary practices or pro-
                                               made by subsection (a) as well as to cover              $1,434,000,000, to remain available until ex-          grams identified under paragraph (1) to sup-
                                               the cost of such benefits payable due to such           pended, to carry out the Older Americans               port grandfamilies and kinship families and
                                               section 2112(a) as in effect on the day before          Act of 1965.                                           to promote coordination of services for
                                               the date of enactment of this Act.                        (b) ALLOCATION OF AMOUNTS.—Amounts                   grandfamilies and kinship families across
                                               SEC. 2904. RAILROAD RETIREMENT BOARD AND                made available by subsection (a) shall be              systems that support them;
                                                           OFFICE OF THE INSPECTOR GEN-                available as follows:                                    (3) facilitate learning across States, terri-
                                                           ERAL FUNDING.                                 (1) $750,000,000 shall be available to carry         tories, Indian Tribes, Tribal organizations,
                                                 In addition to amounts otherwise made                 out part C of title III of such Act.                   and urban Indian organizations for providing
                                               available, there are appropriated for fiscal              (2) $25,000,000 shall be available to carry          technical assistance, resources, and training
                                               year 2021, out of any money in the Treasury             out title VI of such Act, including part C of          related to issues described in paragraph (1)
                                               not otherwise appropriated—                             such title.                                            to individuals and entities across systems
                                                 (1) $27,975,000, to remain available until ex-          (3) $460,000,000 shall be available to carry         that directly work with grandfamilies and
                                               pended, for the Railroad Retirement Board,              out part B of title III of such Act, including         kinship families;
                                               to prevent, prepare for, and respond to                 for—                                                     (4) help government programs, nonprofit
                                               coronavirus, of which—                                    (A) supportive services of the types made            and other community-based organizations,
                                                 (A) $6,800,000 shall be for additional hiring         available for fiscal year 2020;                        and Indian Tribes, Tribal organizations, and
                                               and overtime bonuses as needed to admin-                  (B) efforts related to COVID–19 vaccination          urban      Indian    organizations,     serving
                                               ister the Railroad Unemployment Insurance               outreach, including education, communica-              grandfamilies and kinship families, to plan
                                               Act; and                                                tion, transportation, and other activities to          and     coordinate     responses   to     assist
                                                 (B) $21,175,000 shall be to supplement, not           facilitate vaccination of older individuals;           grandfamilies and kinship families during




SSpencer on DSK126QN23PROD with SENATE
                                               supplant, existing resources devoted to oper-           and                                                    national, State, Tribal, territorial, and local
                                               ations and improvements for the Informa-                  (C) prevention and mitigation activities re-         emergencies and disasters; and
                                               tion Technology Investment Initiatives of               lated to COVID–19 focused on addressing ex-              (5) assist government programs, and non-
                                               the Railroad Retirement Board; and                      tended social isolation among older individ-           profit and other community-based organiza-
                                                 (2) $500,000, to remain available until ex-           uals, including activities for investments in          tions, in promoting equity and implementing
                                               pended, for the Railroad Retirement Board               technological equipment and solutions or               culturally and linguistically appropriate ap-
                                               Office of Inspector General for audit, inves-           other strategies aimed at alleviating nega-            proaches as the programs and organizations
                                               tigatory and review activities.                         tive health effects of social isolation due to         serve grandfamilies and kinship families.




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                                               S1066                                             CONGRESSIONAL RECORD — SENATE                                                          March 4, 2021
                                                 TITLE III—COMMITTEE ON BANKING,                       sistance programs and technical assistance             subsection (a)(1) of section 3201 of the Amer-
                                                    HOUSING, AND URBAN AFFAIRS                         to recipients of any grants made by the Sec-           ican Rescue Plan Act of 2021’’.
                                                Subtitle A—Defense Production Act of 1950              retary to provide financial and other assist-            (3) HIGH-NEED GRANTEES.—The Secretary
                                               SEC. 3101. COVID–19 EMERGENCY MEDICAL SUP-              ance to renters;                                       shall allocate funds reserved under sub-
                                                           PLIES ENHANCEMENT.                             (C) $3,000,000 for administrative expenses of       section (a)(2)(D) to eligible grantees with a
                                                 (a) SUPPORTING ENHANCED USE OF THE DE-                the Inspector General relating to oversight            high need for assistance under this section,
                                               FENSE PRODUCTION ACT OF 1950.—In addition               of funds provided in this section; and                 with the number of very low-income renter
                                               to funds otherwise available, there is appro-              (D) $2,500,000,000 for payments to high-need        households paying more than 50 percent of
                                               priated, for fiscal year 2021, out of any               grantees as provided in this section.                  income on rent or living in substandard or
                                               money in the Treasury not otherwise appro-                 (b) ALLOCATION OF FUNDS TO ELIGIBLE                 overcrowded conditions, rental market costs,
                                               priated, $10,000,000,000, notwithstanding sec-          GRANTEES.—                                             and change in employment since February
                                               tion 304(e) of the Defense Production Act of               (1) ALLOCATION FOR STATES AND UNITS OF              2020 used as the factors for allocating funds.
                                               1950 (50 U.S.C. 4534(e)), to remain available           LOCAL GOVERNMENT.—
                                                                                                          (A) IN GENERAL.—The amount appropriated               (c) PAYMENT SCHEDULE.—
                                               until September 30, 2025, to carry out titles I,
                                                                                                       under paragraph (1) of subsection (a) that re-           (1) IN GENERAL.—The Secretary shall pay
                                               III, and VII of such Act in accordance with
                                                                                                       mains after the application of paragraph (2)           all eligible grantees not less than 40 percent
                                               subsection (b).
                                                 (b) MEDICAL SUPPLIES AND EQUIPMENT.—                  of such subsection shall be allocated to eligi-        of each such eligible grantee’s total alloca-
                                                 (1) TESTING, PPE, VACCINES, AND OTHER MA-             ble grantees described in subparagraphs (A)            tion provided under subsection (b) within 60
                                               TERIALS.—Except as provided in paragraph                and (B) of subsection (f)(1) in the same man-          days of enactment of this Act.
                                               (2), amounts appropriated in subsection (a)             ner as the amount appropriated under sec-                (2) SUBSEQUENT PAYMENTS.—The Secretary
                                               shall be used for the purchase, production              tion 501 of subtitle A of title V of division N        shall pay to eligible grantees additional
                                               (including the construction, repair, and ret-           of the Consolidated Appropriations Act, 2021           amounts in tranches up to the full amount of
                                               rofitting of government-owned or private fa-            (Public Law 116–260) is allocated to States            each such eligible grantee’s total allocation
                                               cilities as necessary), or distribution of med-         and units of local government under sub-               in accordance with a procedure established
                                               ical supplies and equipment (including dura-            section (b)(1) of such section, except that            by the Secretary, provided that any such
                                               ble medical equipment) related to combating             section 501(b) of such subtitle A shall be ap-         procedure established by the Secretary shall
                                               the COVID–19 pandemic, including—                       plied—                                                 require that an eligible grantee must have
                                                 (A) in vitro diagnostic products for the de-             (i) without regard to clause (i) of para-           obligated not less than 75 percent of the
                                               tection of SARS-CoV-2 or the diagnosis of               graph (1)(A);                                          funds already disbursed by the Secretary
                                               the virus that causes COVID–19, and the re-                (ii) by deeming the amount appropriated             pursuant to this section prior to disburse-
                                               agents and other materials necessary for                under paragraph (1) of subsection (a) of this          ment of additional amounts.
                                               producing, conducting, or administering                 Act that remains after the application of
                                                                                                       paragraph (2) of such subsection to be the               (d) USE OF FUNDS.—
                                               such products, and the machinery, equip-                                                                         (1) IN GENERAL.—An eligible grantee shall
                                               ment, laboratory capacity, or other tech-               amount deemed to apply for purposes of ap-
                                                                                                       plying clause (ii) of section 501(b)(1)(A) of          only use the funds provided from payments
                                               nology necessary to produce such products;                                                                     made under this section as follows:
                                                                                                       such subtitle A;
                                                 (B) face masks and personal protective                                                                         (A) FINANCIAL ASSISTANCE.—
                                                                                                          (iii) by substituting ‘‘$152,000,000’’ for
                                               equipment, including face shields, nitrile                                                                       (i) IN GENERAL.—Subject to clause (ii) of
                                                                                                       ‘‘$200,000,000’’ each place such term appears;
                                               gloves, N–95 filtering facepiece respirators,                                                                  this subparagraph, funds received by an eli-
                                                                                                          (iv) in subclause (I) of such section
                                               and any other masks or equipment (includ-                                                                      gible grantee from payments made under
                                                                                                       501(b)(1)(A)(v), by substituting ‘‘under sec-
                                               ing durable medical equipment) needed to re-                                                                   this section shall be used to provide financial
                                                                                                       tion 3201 of the American Rescue Plan Act of
                                               spond to the COVID–19 pandemic, and the                                                                        assistance to eligible households, not to ex-
                                                                                                       2021’’ for ‘‘under section 501 of subtitle A of
                                               materials, machinery, additional manufac-                                                                      ceed 18 months, including the payment of—
                                                                                                       title V of division N of the Consolidated Ap-
                                               turing lines or facilities, or other technology         propriations Act, 2021’’; and                            (I) rent;
                                               necessary to produce such equipment; and                   (v) in subclause (II) of such section                 (II) rental arrears;
                                                 (C) drugs, devices, and biological products           501(b)(1)(A)(v), by substituting ‘‘local govern-         (III) utilities and home energy costs;
                                               that are approved, cleared, licensed, or au-            ment elects to receive funds from the Sec-               (IV) utilities and home energy costs ar-
                                               thorized for use in treating or preventing              retary under section 3201 of the American              rears; and
                                               COVID–19 and symptoms related to COVID–                 Rescue Plan Act of 2021 and will use the                 (V) other expenses related to housing, as
                                               19, and any materials, manufacturing ma-                funds in a manner consistent with such sec-            defined by the Secretary.
                                               chinery, additional manufacturing or fill-fin-          tion’’ for ‘‘local government elects to receive          (ii) LIMITATION.—The aggregate amount of
                                               ish lines or facilities, technology, or equip-          funds from the Secretary under section 501 of          financial assistance an eligible household
                                               ment (including durable medical equipment)              subtitle A of title V of division N of the Con-        may receive under this section, when com-
                                               necessary to produce or use such drugs, bio-            solidated Appropriations Act, 2021 and will            bined with financial assistance provided
                                               logical products, or devices (including sy-             use the funds in a manner consistent with              under section 501 of subtitle A of title V of
                                               ringes, vials, or other supplies or equipment           such section’’.                                        division N of the Consolidated Appropria-
                                               related to delivery, distribution, or adminis-             (B) PRO RATA ADJUSTMENT.—The Secretary              tions Act, 2021 (Public Law 116–260), shall not
                                               tration).                                               shall make pro rata adjustments in the                 exceed 18 months.
                                                 (2) RESPONDING TO PUBLIC HEALTH EMER-                 amounts of the allocations determined under              (B) HOUSING STABILITY SERVICES.—Not
                                               GENCIES.—After September 30, 2022, amounts              subparagraph (A) of this paragraph for enti-           more than 10 percent of funds received by an
                                               appropriated in subsection (a) may be used              ties described in such subparagraph as nec-            eligible grantee from payments made under
                                               for any activity authorized by paragraph (1),           essary to ensure that the total amount of al-          this section may be used to provide case
                                               or any other activity necessary to meet crit-           locations made pursuant to such subpara-               management and other services intended to
                                               ical public health needs of the United States,          graph does not exceed the remainder appro-             help keep households stably housed.
                                               with respect to any pathogen that the Presi-            priated amount described in such subpara-                (C) ADMINISTRATIVE COSTS.—Not more than
                                               dent has determined has the potential for               graph.                                                 15 percent of the total amount paid to an eli-
                                               creating a public health emergency.                        (2) ALLOCATIONS FOR TERRITORIES.—The                gible grantee under this section may be used
                                                       Subtitle B—Housing Provisions                   amount reserved under subsection (a)(2)(A)             for administrative costs attributable to pro-
                                               SEC. 3201. EMERGENCY RENTAL ASSISTANCE.                 shall be allocated to eligible grantees de-            viding financial assistance, housing stability
                                                 (a) FUNDING.—                                         scribed in subsection (f)(1)(C) in the same            services, and other affordable rental housing
                                                 (1)    APPROPRIATION.—In   addition         to        manner as the amount appropriated under                and eviction prevention activities, including
                                               amounts otherwise available, there is appro-            section 501(a)(2)(A) of subtitle A of title V of       for data collection and reporting require-
                                               priated to the Secretary of the Treasury for            division N of the Consolidated Appropria-              ments related to such funds.
                                               fiscal year 2021, out of any money in the               tions Act, 2021 (Public Law 116–260) is allo-            (D) OTHER AFFORDABLE RENTAL HOUSING
                                               Treasury      not    otherwise     appropriated,        cated under section 501(b)(3) of such subtitle         AND EVICTION PREVENTION ACTIVITIES.—An eli-
                                               $21,550,000,000, to remain available until Sep-         A to eligible grantees described under sub-            gible grantee may use any funds from pay-
                                               tember 30, 2027, for making payments to eli-            paragraph (C) of such section 501(b)(3), except        ments made under this section that are un-
                                               gible grantees under this section—                      that section 501(b)(3) of such subtitle A shall        obligated on October 1, 2022, for purposes in
                                                 (2) RESERVATION OF FUNDS.—Of the amount               be applied—                                            addition to those specified in this paragraph,
                                               appropriated under paragraph (1), the Sec-                 (A) in subparagraph (A), by inserting ‘‘of          provided that—




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                                               retary shall reserve—                                   section 3201 of the American Rescue Plan                 (i) such other purposes are affordable rent-
                                                 (A) $305,000,000 for making payments under            Act of 2021’’ after ‘‘the amount reserved              al housing and eviction prevention purposes,
                                               this section to the Commonwealth of Puerto              under subsection (a)(2)(A)’’; and                      as defined by the Secretary, serving very
                                               Rico, the United States Virgin Islands,                    (B) in clause (i) of subparagraph (B), by           low-income families (as such term is defined
                                               Guam, the Commonwealth of the Northern                  substituting ‘‘the amount equal to 0.3 per-            in section 3(b) of the United States Housing
                                               Mariana Islands, and American Samoa;                    cent of the amount appropriated under sub-             Act of 1937 (42 U.S.C. 1437a(b))); and
                                                 (B) $30,000,000 for costs of the Secretary for        section (a)(1)’’ with ‘‘the amount equal to 0.3          (ii) prior to obligating any funds for such
                                               the administration of emergency rental as-              percent of the amount appropriated under               purposes, the eligible grantee has obligated




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                                               March 4, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                      S1067
                                               not less than 75 percent of the total funds al-           (h) EXTENSION OF AVAILABILITY UNDER PRO-             able period of time, the Secretary may re-
                                               located to such eligible grantee in accord-             GRAM FOR EXISTING FUNDING.—Paragraph (1)               voke and redistribute any unleased vouchers
                                               ance with this section.                                 of section 501(e) of subtitle A of title V of di-      and associated funds, including administra-
                                                  (2) DISTRIBUTION OF ASSISTANCE.—Amounts              vision N of the Consolidated Appropriations            tive fees and costs referred to in subsection
                                               appropriated under subsection (a)(1) of this            Act, 2021 (Public Law 116–260) is amended by           (a)(3), to other public housing agencies ac-
                                               section shall be subject to the same terms              striking ‘‘December 31, 2021’’ and inserting           cording to the formula under paragraph (3).
                                               and conditions that apply under paragraph               ‘‘September 30, 2022’’.                                  (5) WAIVERS AND ALTERNATIVE REQUIRE-
                                               (4) of section 501(c) of subtitle A of title V of       SEC. 3202. EMERGENCY HOUSING VOUCHERS.                 MENTS.—The Secretary may waive or specify
                                               division N of the Consolidated Appropria-                 (a)    APPROPRIATION.—In    addition      to         alternative requirements for any provision of
                                               tions Act, 2021 (Public Law 116–260) to                 amounts otherwise available, there is appro-           the United States Housing Act of 1937 (42
                                               amounts appropriated under subsection (a)(1)            priated to the Secretary of Housing and                U.S.C. 1437 et seq.) or regulation applicable
                                               of such section 501.                                    Urban Development (in this section referred            to such statute other than requirements re-
                                                  (e) REALLOCATION OF FUNDS.—                          to as the ‘‘Secretary’’) for fiscal year 2021,         lated to fair housing, nondiscrimination,
                                                  (1) IN GENERAL.—Beginning March 31, 2022,            out of any money in the Treasury not other-            labor standards, and the environment, upon
                                               the Secretary shall reallocate funds allo-              wise appropriated, $5,000,000,000, to remain           a finding that the waiver or alternative re-
                                               cated to eligible grantees in accordance with                                                                  quirement is necessary to expedite or facili-
                                                                                                       available until September 30, 2030, for—
                                               subsection (b) but not yet paid in accordance                                                                  tate the use of amounts made available in
                                                                                                         (1) incremental emergency vouchers under
                                               with subsection (c)(2) according to a proce-                                                                   this section.
                                                                                                       subsection (b);
                                               dure established by the Secretary.                                                                               (6) TERMINATION OF VOUCHERS UPON TURN-
                                                                                                         (2) renewals of the vouchers under sub-
                                                  (2) ELIGIBILITY FOR REALLOCATED FUNDS.—                                                                     OVER.—After September 30, 2023, a public
                                                                                                       section (b);
                                               The Secretary shall require an eligible                                                                        housing agency may not reissue any vouch-
                                                                                                         (3) fees for the costs of administering
                                               grantee to have obligated 50 percent of the                                                                    ers made available under this section when
                                                                                                       vouchers under subsection (b) and other eli-
                                               total amount of funds allocated to such eligi-                                                                 assistance for the family assisted ends.
                                                                                                       gible expenses defined by notice to prevent,
                                               ble grantee under subsection (b) to be eligi-                                                                    (c) TECHNICAL ASSISTANCE AND OTHER
                                                                                                       prepare, and respond to coronavirus to facili-         COSTS.—The Secretary may use not more
                                               ble to receive funds reallocated under para-            tate the leasing of the emergency vouchers,            $20,000,000 of the amounts made available
                                               graph (1) of this subsection.                           such as security deposit assistance and other          under this section for the costs to the Sec-
                                                  (3) PAYMENT OF REALLOCATED FUNDS BY THE              costs related to retention and support of par-         retary of administering and overseeing the
                                               SECRETARY.—The Secretary shall pay to each              ticipating owners; and                                 implementation of this section and the Hous-
                                               eligible grantee eligible for a payment of re-            (4) adjustments in the calendar year 2021            ing Choice Voucher program generally, in-
                                               allocated funds described in paragraph (2) of           section 8 renewal funding allocation, includ-          cluding information technology, financial re-
                                               this subsection the amount allocated to such            ing mainstream vouchers, for public housing            porting, and other costs. Of the amounts set
                                               eligible grantee in accordance with the pro-            agencies that experience a significant in-             aside under this subsection, the Secretary
                                               cedure established by the Secretary in ac-              crease in voucher per-unit costs due to ex-            may use not more than $10,000,000, without
                                               cordance with paragraph (1) of this sub-                traordinary circumstances or that, despite             competition, to make new awards or increase
                                               section.                                                taking reasonable cost savings measures,               prior awards to existing technical assistance
                                                  (4) USE OF REALLOCATED FUNDS.—Eligible               would otherwise be required to terminate               providers to provide an immediate increase
                                               grantees may use any funds received in ac-              rental assistance for families as a result of          in capacity building and technical assistance
                                               cordance with this subsection only for pur-             insufficient funding.                                  to public housing agencies.
                                               poses specified in paragraph (1) of subsection            (b) EMERGENCY VOUCHERS.—                               (d) IMPLEMENTATION.—The Secretary may
                                               (d).                                                      (1) IN GENERAL.—The Secretary shall pro-             implement the provisions of this section by
                                                  (f) DEFINITIONS.—In this section:                    vide emergency rental assistance vouchers              notice.
                                                  (1) ELIGIBLE GRANTEE.—The term ‘‘eligible            under subsection (a), which shall be tenant-           SEC. 3203. EMERGENCY ASSISTANCE FOR RURAL
                                               grantee’’ means any of the following:                   based rental assistance under section 8(o) of                      HOUSING.
                                                  (A) The 50 States of the United States and           the United States Housing Act of 1937 (42                In addition to amounts otherwise avail-
                                               the District of Columbia.                               U.S.C. 1437f(o)).                                      able, there is appropriated to the Secretary
                                                  (B) A unit of local government (as defined             (2) QUALIFYING INDIVIDUALS OR FAMILIES DE-           of Agriculture for fiscal year 2021, out of any
                                               in paragraph (5)).                                      FINED.—For the purposes of this section,               money in the Treasury not otherwise appro-
                                                  (C) The Commonwealth of Puerto Rico, the             qualifying individuals or families are those           priated, $100,000,000, to remain available
                                               United States Virgin Islands, Guam, the                 who are—                                               until September 30, 2022, to provide grants
                                               Commonwealth of the Northern Mariana Is-                  (A) homeless (as such term is defined in             under section 521(a)(2) of the Housing Act of
                                               lands, and American Samoa.                              section 103(a) of the McKinney-Vento Home-             1949 or agreements entered into in lieu of
                                                  (2) ELIGIBLE HOUSEHOLD.—The term ‘‘eligi-            less Assistance Act (42 U.S.C. 11302(a));              debt forgiveness or payments for eligible
                                               ble household’’ means a household of 1 or                 (B) at risk of homelessness (as such term is         households     as   authorized    by    section
                                               more individuals who are obligated to pay               defined in section 401(1) of the McKinney-             502(c)(5)(D) of the Housing Act of 1949, for
                                               rent on a residential dwelling and with re-             Vento Homeless Assistance Act (42 U.S.C.               temporary adjustment of income losses for
                                               spect to which the eligible grantee involved                                                                   residents of housing financed or assisted
                                                                                                       11360(1)));
                                               determines that—                                                                                               under section 514, 515, or 516 of the Housing
                                                                                                         (C) fleeing, or attempting to flee, domestic
                                                  (A) 1 or more individuals within the house-                                                                 Act of 1949 who have experienced income loss
                                                                                                       violence, dating violence, sexual assault,
                                                                                                                                                              but are not currently receiving Federal rent-
                                               hold has—                                               stalking, or human trafficking, as defined by
                                                                                                                                                              al assistance.
                                                  (i) qualified for unemployment benefits; or          the Secretary; or
                                                                                                                                                              SEC. 3204. HOUSING COUNSELING.
                                                  (ii) experienced a reduction in household              (D) recently homeless, as determined by
                                               income, incurred significant costs, or experi-                                                                   (a)    APPROPRIATION.—In     addition        to
                                                                                                       the Secretary, and for whom providing rent-
                                                                                                                                                              amounts otherwise available, there is appro-
                                               enced other financial hardship during or due,           al assistance will prevent the family’s home-
                                                                                                                                                              priated to the Neighborhood Reinvestment
                                               directly or indirectly, to the coronavirus              lessness or having high risk of housing insta-         Corporation (in this section referred to as
                                               pandemic;                                               bility.                                                the ‘‘Corporation’’) for fiscal year 2021, out of
                                                  (B) 1 or more individuals within the house-            (3) ALLOCATION.—The Secretary shall no-              any money in the Treasury not otherwise ap-
                                               hold can demonstrate a risk of experiencing             tify public housing agencies of the number of          propriated, $100,000,000, to remain available
                                               homelessness or housing instability; and                emergency vouchers provided under this sec-            until September 30, 2025, for grants to hous-
                                                  (C) the household is a low-income family             tion to be allocated to the agency not later           ing counseling intermediaries approved by
                                               (as such term is defined in section 3(b) of the         than 60 days after the date of the enactment           the Department of Housing and Urban Devel-
                                               United States Housing Act of 1937 (42 U.S.C.            of this Act, in accordance with a formula              opment, State housing finance agencies, and
                                               1437a(b)).                                              that includes public housing agency capacity           NeighborWorks organizations for providing
                                                  (3) INSPECTOR GENERAL.—The term ‘‘Inspec-            and ensures geographic diversity, including            housing counseling services, as authorized
                                               tor General’’ means the Inspector General of            with respect to rural areas, among public              under the Neighborhood Reinvestment Cor-
                                               the Department of the Treasury.                         housing agencies administering the Housing             poration Act (42 U.S.C. 8101-8107) and con-
                                                  (4) SECRETARY.—The term ‘‘Secretary’’                Choice Voucher program.                                sistent with the discretion set forth in sec-
                                               means the Secretary of the Treasury.                      (4) TERMS AND CONDITIONS.—                           tion 606(a)(5) of such Act (42 U.S.C. 8105(a)(5))
                                                  (5) UNIT OF LOCAL GOVERNMENT.—The term                 (A) ELECTION TO ADMINISTER.—The Sec-                 to design and administer grant programs. Of
                                               ‘‘unit of local government’’ has the meaning            retary shall establish a procedure for public          the grant funds made available under this




SSpencer on DSK126QN23PROD with SENATE
                                               given such term in section 501 of subtitle A            housing agencies to accept or decline the              subsection, not less than 40 percent shall be
                                               of title V of division N of the Consolidated            emergency vouchers allocated to the agency             provided to counseling organizations that—
                                               Appropriations Act, 2021 (Public Law 116–               in accordance with the formula under sub-                (1) target housing counseling services to
                                               260).                                                   paragraph (3).                                         minority and low-income populations facing
                                                  (g) AVAILABILITY.—Funds provided to an el-             (B) FAILURE TO USE VOUCHERS PROMPTLY.—               housing instability; or
                                               igible grantee under a payment made under               If a public housing agency fails to lease its            (2) provide housing counseling services in
                                               this section shall remain available through             authorized vouchers under subsection (b) on            neighborhoods having high concentrations of
                                               September 30, 2025.                                     behalf of eligible families within a reason-           minority and low-income populations.




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                                               S1068                                             CONGRESSIONAL RECORD — SENATE                                                          March 4, 2021
                                                 (b) LIMITATION.—The aggregate amount                  would prevent the family’s homelessness or             tion other than requirements related to fair
                                               provided to NeighborWorks organizations                 would serve those with the greatest risk of            housing, nondiscrimination, labor standards,
                                               under this section shall not exceed 15 percent          housing instability; or                                and the environment, upon a finding that the
                                               of the total of grant funds made available by             (5) veterans and families that include a             waiver or alternative requirement is nec-
                                               subsection (a).                                         veteran family member that meet one of the             essary to expedite or facilitate the use of
                                                 (c) ADMINISTRATION AND OVERSIGHT.—The                 preceding criteria.                                    amounts made available under this section.
                                               Corporation may retain a portion of the                   (c) TERMS AND CONDITIONS.—                           SEC. 3206. HOMEOWNER ASSISTANCE FUND.
                                               amounts provided under this section, in a                 (1) FUNDING RESTRICTIONS.—The cost limits              (a)    APPROPRIATION.—In   addition         to
                                               proportion consistent with its standard rate            in section 212(e) (42 U.S.C. 12742(e)), the com-
                                                                                                                                                              amounts otherwise available, there is appro-
                                               for program administration in order to cover            mitment requirements in section 218(g) (42
                                                                                                                                                              priated to the Secretary of the Treasury for
                                               its expenses related to program administra-             U.S.C. 12748(g)), the matching requirements
                                                                                                                                                              the Homeowner Assistance Fund established
                                               tion and oversight.                                     in section 220 (42 U.S.C. 12750), and the set-
                                                 (d) HOUSING COUNSELING SERVICES DE-                                                                          under subsection (c) for fiscal year 2021, out
                                                                                                       aside for housing developed, sponsored, or
                                               FINED.— For the purposes of this section, the
                                                                                                                                                              of any money in the Treasury not otherwise
                                                                                                       owned by community housing development
                                               term ‘‘housing counseling services’’ means—                                                                    appropriated, $9,961,000,000, to remain avail-
                                                                                                       organizations required in section 231 of the
                                                 (1) housing counseling provided directly to                                                                  able until September 30, 2025, for qualified
                                                                                                       Act (42 U.S.C. 12771) shall not apply for
                                               households facing housing instability, such                                                                    expenses that meet the purposes specified
                                                                                                       amounts made available in this section.
                                               as eviction, default, foreclosure, loss of in-                                                                 under subsection (c) and expenses described
                                                                                                         (2) ADMINISTRATIVE COSTS.— Notwith-
                                               come, or homelessness;                                  standing sections 212(c) and (d)(1) of the Act         in subsection (d)(1).
                                                 (2) education, outreach, training, tech-              (42 U.S.C. 12742(c) and (d)(1)), of the funds             (b) DEFINITIONS.—In this section:
                                               nology upgrades, and other program related              made available in this section for carrying               (1) CONFORMING LOAN LIMIT.—The term
                                               support; and                                            out activities authorized in this section, a           ‘‘conforming loan limit’’ means the applica-
                                                 (3) operational oversight funding for grant-          grantee may use up to fifteen percent of its           ble limitation governing the maximum origi-
                                               ees and subgrantees that receive funds under            allocation for administrative and planning             nal principal obligation of a mortgage se-
                                               this section.                                           costs.                                                 cured by a single-family residence, a mort-
                                               SEC. 3205. HOMELESSNESS ASSISTANCE AND SUP-               (3) OPERATING EXPENSES.—Notwithstanding              gage secured by a 2-family residence, a mort-
                                                           PORTIVE SERVICES PROGRAM.                   sections 212(a) and (g) of the Act (42 U.S.C.          gage secured by a 3-family residence, or a
                                                 (a)    APPROPRIATION.—In    addition   to             12742(a) and (g)), a grantee may use up to an          mortgage secured by a 4-family residence, as
                                               amounts otherwise available, there is appro-            additional five percent of its allocation for          determined and adjusted annually under sec-
                                               priated to the Secretary of Housing and                 the payment of operating expenses of com-              tion 302(b)(2) of the Federal National Mort-
                                               Urban Development (in this section referred             munity housing development organizations               gage Association Charter Act (12 U.S.C.
                                               to as the ‘‘Secretary’’) for fiscal year 2021,          and nonprofit organizations carrying out ac-           1717(b)(2)) and section 305(a)(2) of the Federal
                                               out of any money in the Treasury not other-             tivities authorized under this section, but            Home Loan Mortgage Corporation Act (12
                                               wise appropriated, $5,000,000,000, to remain            only if—                                               U.S.C. 1454(a)(2)).
                                               available until September 30, 2025, except                (A) such funds are used to develop the ca-              (2) DWELLING.—The term ‘‘dwelling’’ means
                                               that amounts authorized under subsection                pacity of the community housing develop-               any building, structure, or portion thereof
                                               (d)(3) shall remain available until September           ment organization or nonprofit organization            which is occupied as, or designed or intended
                                               30, 2029, for assistance under title II of the          in the jurisdiction or insular area to carry           for occupancy as, a residence by one or more
                                               Cranston-Gonzalez       National     Affordable         out activities authorized under this section;          individuals.
                                               Housing Act (42 U.S.C. 12721 et seq.) for the           and                                                       (3) ELIGIBLE ENTITY.—The term ‘‘eligible
                                               following activities to primarily benefit                 (B) the community housing development                entity’’ means—
                                               qualifying individuals or families:                     organization or nonprofit organization com-               (A) a State; or
                                                 (1) Tenant-based rental assistance.                   plies with the limitation on assistance in                (B) any entity eligible for payment under
                                                 (2) The development and support of afford-            section 234(b) of the Act (42 U.S.C. 12774(b)).        subsection (f).
                                               able housing pursuant to section 212(a) of the            (4) CONTRACTING.—A grantee, when con-                   (4) MORTGAGE.—The term ‘‘mortgage’’
                                               Cranston-Gonzalez       National     Affordable         tracting with service providers engaged di-            means any credit transaction—
                                               Housing Act (42 U.S.C. 12742(a)) (‘‘the Act’’           rectly in the provision of services under                 (A) that is secured by a mortgage, deed of
                                               herein).                                                paragraph (a)(3), shall, to the extent prac-           trust, or other consensual security interest
                                                 (3) Supportive services to qualifying indi-           ticable, enter into contracts in amounts that          on a principal residence of a borrower that is
                                               viduals or families not already receiving               cover the actual total program costs and ad-           (i) a 1- to 4-unit dwelling, or (ii) residential
                                               such supportive services, including—                    ministrative overhead to provide the serv-             real property that includes a 1- to 4-unit
                                                 (A) activities listed in section 401(29) of the       ices contracted.                                       dwelling; and
                                               McKinney-Vento Homeless Assistance Act                    (d) ALLOCATION.—                                        (B) the unpaid principal balance of which
                                               (42 U.S.C. 11360(29));                                    (1) FORMULA ASSISTANCE.—Except as pro-               was, at the time of origination, not more
                                                 (B) housing counseling; and                           vided in paragraphs (2) and (3), the Secretary         than the conforming loan limit.
                                                 (C) homeless prevention services.                     shall allocate amounts made available under               (5) FUND.—The term ‘‘Fund’’ means the
                                                 (4) The acquisition and development of                this section pursuant to section 217 of the            Homeowner Assistance Fund established
                                               non-congregate shelter units, all or a portion          Act (42 U.S.C. 12747) to grantees that re-             under subsection (c).
                                               of which may—                                           ceived allocations pursuant to that same for-             (6) SECRETARY.—The term ‘‘Secretary’’
                                                 (A) be converted to permanent affordable              mula in fiscal year 2021, and shall make such          means the Secretary of the Treasury.
                                               housing;                                                allocations within 30 days of enactment of                (7) STATE.—The term ‘‘State’’ means any
                                                 (B) be used as emergency shelter under                this Act.                                              State of the United States, the District of
                                               subtitle B of title IV of the McKinney-Vento              (2)    TECHNICAL      ASSISTANCE.—Up        to       Columbia, the Commonwealth of Puerto
                                               Homeless Assistance Act (42 U.S.C. 11371-               $25,000,000 of the amounts made available              Rico, Guam, American Samoa, the United
                                               11378);                                                 under this section shall be used, without              States Virgin Islands, and the Common-
                                                 (C) be converted to permanent housing                 competition, to make new awards or increase            wealth of the Northern Mariana Islands.
                                               under subtitle C of title IV of the McKinney-           prior awards to existing technical assistance             (c) ESTABLISHMENT OF FUND.—
                                               Vento Homeless Assistance Act (42 U.S.C.                providers to provide an immediate increase                (1) ESTABLISHMENT; QUALIFIED EXPENSES.—
                                               11381-11389); or                                        in capacity building and technical assistance          There is established in the Department of
                                                 (D) remain as non-congregate shelter                  available to any grantees implementing ac-             the Treasury a Homeowner Assistance Fund
                                               units.                                                  tivities or projects consistent with this sec-         to mitigate financial hardships associated
                                                 (b) QUALIFYING INDIVIDUALS OR FAMILIES                tion.                                                  with the coronavirus pandemic by providing
                                               DEFINED.—For the purposes of this section,                (3) OTHER COSTS.—Up to $50,000,000 of the            such funds as are appropriated by subsection
                                               qualifying individuals or families are those            amounts made available under this section              (a) to eligible entities for the purpose of pre-
                                               who are—                                                shall be used for the administrative costs to          venting homeowner mortgage delinquencies,
                                                 (1) homeless, as defined in section 103(a) of         oversee and administer implementation of               defaults, foreclosures, loss of utilities or
                                               the McKinney-Vento Homeless Assistance                  this section and the HOME program gen-                 home energy services, and displacements of
                                               Act (42 U.S.C. 11302(a));                               erally, including information technology, fi-          homeowners experiencing financial hardship
                                                 (2) at-risk of homelessness, as defined in            nancial reporting, and other costs.                    after January 21, 2020, through qualified ex-
                                               section 401(1) of the McKinney-Vento Home-                (4) WAIVERS OR ALTERNATIVE REQUIRE-                  penses related to mortgages and housing,




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                                               less Assistance Act (42 U.S.C. 11360(1));               MENTS.—The Secretary may waive or specify              which include—
                                                 (3) fleeing, or attempting to flee, domestic          alternative requirements for any provision of             (A) mortgage payment assistance;
                                               violence, dating violence, sexual assault,              the Cranston-Gonzalez National Affordable                 (B) financial assistance to allow a home-
                                               stalking, or human trafficking, as defined by           Housing Act (42 U.S.C. 12701 et seq.) and ti-          owner to reinstate a mortgage or to pay
                                               the Secretary;                                          tles I and IV of the McKinney-Vento Home-              other housing related costs related to a pe-
                                                 (4) in other populations where providing              lessness Act (42 U.S.C. 11301 et seq., 11360 et        riod of forbearance, delinquency, or default;
                                               supportive services or assistance under sec-            seq.) or regulation for the administration of             (C) principal reduction;
                                               tion 212(a) of the Act (42 U.S.C. 12742(a))             the amounts made available under this sec-                (D) facilitating interest rate reductions;




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                                               March 4, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                      S1069
                                                 (E) payment assistance for—                             (B) PRO RATA ADJUSTMENTS.—The Sec-                   solidated Appropriations Act, 2021 (Public
                                                 (i) utilities, including electric, gas, home          retary shall adjust on a pro rata basis the            Law 116-260) that notify the Secretary that
                                               energy, and water;                                      amount of the payments for each State of               they request to receive payments allocated
                                                 (ii) internet service, including broadband            the United States, the District of Columbia,           from the Fund by the Secretary for purposes
                                               internet access service, as defined in section          and the Commonwealth of Puerto Rico deter-             described under subsection (c) and will use
                                               8.1(b) of title 47, Code of Federal Regulations         mined under this subsection without regard             such payments in compliance with this sec-
                                               (or any successor regulation);                          to this subparagraph to the extent necessary           tion.
                                                 (iii) homeowner’s insurance, flood insur-             to comply with the requirements of subpara-              (3)  ADJUSTMENT.—Allocations         provided
                                               ance, and mortgage insurance; and                       graph (A).                                             under this subsection may be further ad-
                                                 (iv)   homeowner’s       association,  condo-           (4) TERRITORY SET-ASIDE.—Notwithstanding             justed as provided by section 501(b)(2)(B) of
                                               minium association fees, or common                      any other provision of this section, of the            subtitle A of title V of division N of the Con-
                                               charges;                                                amounts appropriated under subsection (a),             solidated Appropriations Act, 2021 (Public
                                                 (F) reimbursement of funds expended by a              the Secretary shall reserve $30,000,000 to be          Law 116-260).
                                               State, local government, or designated enti-            disbursed to Guam, American Samoa, the                 SEC. 3207. RELIEF MEASURES FOR SECTION 502
                                               ty under subsection (f) during the period be-           United States Virgin Islands, and the Com-                         AND 504 DIRECT LOAN BORROWERS.
                                               ginning on January 21, 2020, and ending on              monwealth of the Northern Mariana Islands                (a)    APPROPRIATION.—In      addition    to
                                               the date that the first funds are disbursed by          based on each such territory’s share of the            amounts otherwise available, there is appro-
                                               the eligible entity under the Homeowner As-             combined total population of all such terri-           priated to the Secretary of Agriculture (in
                                               sistance Fund, for the purpose of providing             tories, as determined by the Secretary. For
                                                                                                                                                              this section referred to as the ‘‘Secretary’’)
                                               housing or utility payment assistance to                the purposes of this paragraph, population
                                                                                                                                                              for fiscal year 2021, out of any money in the
                                               homeowners or otherwise providing funds to              shall be determined based on the most recent
                                                                                                                                                              Treasury     not     otherwise   appropriated,
                                               prevent foreclosure or post-foreclosure evic-           year for which data are available from the
                                                                                                                                                              $39,000,000, to remain available until Sep-
                                               tion of a homeowner or prevent mortgage de-             United States Census Bureau.
                                                                                                                                                              tember 30, 2023, for direct loans made under
                                               linquency or loss of housing or utilities as a            (5) TRIBAL SET-ASIDE.—The Secretary shall
                                                                                                                                                              sections 502 and 504 of the Housing Act of
                                               response to the coronavirus disease (COVID)             allocate funds to any eligible entity des-
                                                                                                                                                              1949 (42 U.S.C. 1472, 1474).
                                               pandemic; and                                           ignated under subsection (f) pursuant to the
                                                 (G) any other assistance to promote hous-             requirements of that subsection.                         (b) ADMINISTRATIVE EXPENSES.—The Sec-
                                               ing stability for homeowners, including pre-              (e) DISTRIBUTION OF FUNDS TO STATES.—                retary may use not more than 3 percent of
                                               venting mortgage delinquency, default, fore-              (1) IN GENERAL.—The Secretary shall make             the amounts appropriated under this section
                                               closure, post-foreclosure eviction of a home-           payments, beginning not later than 45 days             for administrative purposes.
                                               owner, or the loss of utility or home energy            after enactment of this Act, from amounts              SEC. 3208. FAIR HOUSING ACTIVITIES.
                                               services, as determined by the Secretary.               allocated under subsection (d) to eligible en-           (a)   APPROPRIATION.—In       addition    to
                                                 (2) TARGETING.—Not less than 60 percent of            tities that have notified the Secretary that           amounts otherwise available, there is appro-
                                               amounts made to each eligible entity allo-              they request to receive payment from the               priated to the Secretary of Housing and
                                               cated amounts under subsection (d) or (f)               Fund and that the eligible entity will use             Urban Development (in this section referred
                                               shall be used for qualified expenses that as-           such payments in compliance with this sec-             to as the ‘‘Secretary’’) for fiscal year 2021,
                                               sist homeowners having incomes equal to or              tion.                                                  out of any money in the Treasury not other-
                                               less than 100 percent of the area median in-              (2) REALLOCATION.—If a State does not re-            wise appropriated, $20,000,000, to remain
                                               come for their household size or equal to or            quest allocated funds by the 45th day after            available until September 30, 2023, for the
                                               less than 100 percent of the median income              the date of enactment of this Act, such State          Fair Housing Initiatives Program under sec-
                                               for the United States, as determined by the             shall not be eligible for a payment from the           tion 561 of the Housing and Community De-
                                               Secretary of Housing and Urban Develop-                 Secretary pursuant to this section, and the            velopment Act of 1987 (42 U.S.C. 3616a) to en-
                                               ment, whichever is greater. The eligible enti-          Secretary shall, by the 180th day after the            sure fair housing organizations have addi-
                                               ty shall prioritize remaining funds to so-              date of enactment of this Act, reallocate any          tional resources to address fair housing in-
                                               cially disadvantaged individuals.                       funds that were not requested by such State            quiries, complaints, investigations, edu-
                                                 (d) ALLOCATION OF FUNDS.—                             among the States that have requested funds             cation and outreach activities, and costs of
                                                 (1) ADMINISTRATION.—Of any amounts made               by the 45th day after the date of enactment            delivering or adapting services, during or re-
                                               available under this section, the Secretary             of this Act. For any such reallocation of              lating to the coronavirus pandemic.
                                               shall reserve—                                          funds, the Secretary shall adhere to the re-             (b) ADMINISTRATIVE EXPENSES.—The Sec-
                                                 (A) to the Department of the Treasury, an             quirements of subsection (d), except for para-         retary may use not more than 3 percent of
                                               amount not to exceed $40,000,000 to admin-              graph (1), to the greatest extent possible,            the amounts appropriated under this section
                                               ister and oversee the Fund, and to provide              provided that the Secretary shall also take            for administrative purposes.
                                               technical assistance to eligible entities for           into consideration in determining such re-
                                               the creation and implementation of State                allocation a State’s remaining need and a                    Subtitle C—Small Business (SSBCI)
                                               and tribal programs to administer assistance            State’s record of using payments from the              SEC. 3301. STATE SMALL BUSINESS CREDIT INI-
                                               from the Fund; and                                      Fund to serve homeowners at dispropor-                             TIATIVE.
                                                 (B) to the Inspector General of the Depart-           tionate risk of mortgage default, foreclosure,           (a) STATE SMALL BUSINESS CREDIT INITIA-
                                               ment of the Treasury, an amount to not ex-              or displacement, including homeowners hav-             TIVE.—
                                               ceed $2,600,000 for oversight of the program            ing incomes equal to or less than 100 percent            (1) IN GENERAL.—The State Small Business
                                               under this section.                                     of the area median income for their house-             Credit Initiative Act of 2010 (12 U.S.C. 5701 et
                                                 (2) FOR STATES.—After the application of              hold size or 100 percent of the median income          seq.) is amended—
                                               paragraphs (1), (4), and (5) of this subsection         for the United States, as determined by the               (A) in section 3003—
                                               and subject to paragraph (3) of this sub-               Secretary of Housing and Urban Develop-                   (i) in subsection (b)—
                                               section, the Secretary shall allocate the re-           ment, whichever is greater, and minority                  (I) by amending paragraph (1) to read as
                                               maining funds available within the Home-                homeowners.                                            follows:
                                               owner Assistance Fund to each State of the                (f) TRIBAL SET-ASIDE.—                                  ‘‘(1) IN GENERAL.—Not later than 30 days
                                               United States, the District of Columbia, and              (1) SET-ASIDE.—Notwithstanding any other             after the date of enactment of subsection (d),
                                               the Commonwealth of Puerto Rico based on                provision of this section, of the amounts ap-          the Secretary shall allocate Federal funds to
                                               homeowner need, for such State relative to              propriated under subsection (a), the Sec-              participating States so that each State is el-
                                               all States of the United States, the District           retary shall use 5 percent to make payments            igible to receive an amount equal to what
                                               of Columbia, and the Commonwealth of                    to entities that are eligible for payments             the State would receive under the 2021 allo-
                                               Puerto Rico, as of the date of the enactment            under clauses (i) and (ii) of section                  cation, as determined under paragraph (2).’’;
                                               of this Act, which is determined by reference           501(b)(2)(A) of subtitle A of title V of division         (II) in paragraph (2)—
                                               to—                                                     N of the Consolidated Appropriations Act,                 (aa) by striking ‘‘2009’’ each place such
                                                 (A) the average number of unemployed in-              2021 (Public Law 116-260) for the purposes de-         term appears and inserting ‘‘2021’’;
                                               dividuals measured over a period of time not            scribed in subsection (c).                                (bb) by striking ‘‘2008’’ each place such
                                               fewer than 3 months and not more than 12                  (2) ALLOCATION AND PAYMENT.—The Sec-                 term appears and inserting ‘‘2020’’;
                                               months; and                                             retary shall allocate the funds set aside                 (cc) in subparagraph (A), by striking ‘‘The
                                                 (B) the total number of mortgagors with—              under paragraph (1) using the allocation for-          Secretary’’ and inserting ‘‘With respect to
                                                 (i) mortgage payments that are more than              mulas described in clauses (i) and (ii) of sec-        States other than Tribal governments, the




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                                               30 days past due; or                                    tion 501(b)(2)(A) of subtitle A of title V of di-      Secretary’’;
                                                 (ii) mortgages in foreclosure.                        vision N of the Consolidated Appropriations               (dd) in subparagraph (C)(i), by striking
                                                 (3) SMALL STATE MINIMUM.—                             Act, 2021 (Public Law 116-260), and shall              ‘‘2007’’ and inserting ‘‘2019’’; and
                                                 (A) IN GENERAL.—Each State of the United              make payments of such amounts beginning                   (ee) by adding at the end the following:
                                               States, the District of Columbia, and the               no later than 45 days after enactment of this             ‘‘(C) SEPARATE ALLOCATION FOR TRIBAL GOV-
                                               Commonwealth of Puerto Rico shall receive               Act to entities eligible for payment under             ERNMENTS.—
                                               no less than $50,000,000 for the purposes es-           clauses (i) and (ii) of section 501(b)(2)(A) of           ‘‘(i) IN GENERAL.—With respect to States
                                               tablished in (c).                                       subtitle A of title V of division N of the Con-        that are Tribal governments, the Secretary




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                                               S1070                                             CONGRESSIONAL RECORD — SENATE                                                           March 4, 2021
                                               shall determine the 2021 allocation by allo-            pears and inserting ‘‘date of the enactment              ‘‘(B) may include independent contractors
                                               cating $500,000,000 among the Tribal govern-            of section 3003(d)’’.                                  and sole proprietors.’’.
                                               ments in the proportion the Secretary deter-              (2) APPROPRIATION.—                                    (d) CDFI AND MDI PARTICIPATION PLAN.—
                                               mines appropriate, including with consider-               (A) IN GENERAL.—In addition to amounts               Section 3004 of the State Small Business
                                               ation to available employment and economic              otherwise available, there is hereby appro-            Credit Initiative Act of 2010 (12 U.S.C. 5703) is
                                               data regarding each such Tribal government.             priated to the Secretary of the Treasury for           amended by adding at the end the following:
                                                  ‘‘(ii) NOTICE OF INTENT; TIMING OF ALLOCA-           fiscal year 2021, out of any money in the                ‘‘(e) CDFI AND MDI PARTICIPATION PLAN.—
                                               TION.—With respect to allocations to States             Treasury      not     otherwise   appropriated,        The Secretary may not approve a State to be
                                               that are Tribal governments, the Secretary              $10,000,000,000, to remain available until ex-         a participating State unless the State has
                                               may—                                                    pended, to provide support to small busi-              provided the Secretary with a plan detailing
                                                  ‘‘(I) require Tribal governments that indi-          nesses responding to and recovering from the           how minority depository institutions and
                                               vidually or jointly wish to participate in the          economic effects of the COVID–19 pandemic,             community development financial institu-
                                               Program to file a notice of intent with the             ensure business enterprises owned and con-             tions will be encouraged to participate in
                                               Secretary not later than 30 days after the              trolled by socially and economically dis-              State programs.’’.
                                               date of enactment of subsection (d); and                advantaged individuals have access to credit             (e) PANDEMIC RESPONSE PLAN.—Section
                                                  ‘‘(II) notwithstanding paragraph (1), allo-          and investments, provide technical assist-             3004 of the State Small Business Credit Ini-
                                               cate Federal funds to participating Tribal              ance to help small businesses applying for             tiative Act of 2010 (12 U.S.C. 5703), as amend-
                                               governments not later than 60 days after the            various support programs, and to pay reason-           ed by subsection (d), is further amended by
                                               date of enactment of subsection (d).                    able costs of administering such Initiative.           adding at the end the following:
                                                  ‘‘(D) EMPLOYMENT DATA.—If the Secretary                (B) RESCISSION.—With respect to amounts                ‘‘(f) PANDEMIC RESPONSE PLAN.—The Sec-
                                               determines that employment data with re-                appropriated under subparagraph (A)—                   retary may not approve a State to be a par-
                                               spect to a State is unavailable from the Bu-              (i) the Secretary of the Treasury shall              ticipating State unless the State has pro-
                                               reau of Labor Statistics of the Department              complete all disbursements and remaining               vided the Secretary with a description of
                                               of Labor, the Secretary shall consider such             obligations before September 30, 2030; and             how the State will expeditiously utilize
                                               other economic and employment data that is                (ii) any amounts that remain unexpended              funds to support small businesses, including
                                               otherwise available for purposes of deter-              (whether obligated or unobligated) on Sep-             business enterprises owned and controlled by
                                               mining the employment data of such                      tember 30, 2030, shall be rescinded and depos-         socially and economically disadvantaged in-
                                               State.’’; and                                           ited into the general fund of the Treasury.            dividuals, in responding to and recovering
                                                  (III) by striking paragraph (3); and                   (b) ADDITIONAL ALLOCATIONS TO SUPPORT                from the economic effects of the COVID–19
                                                  (ii) in subsection (c)—                              BUSINESS ENTERPRISES OWNED AND CON-                    pandemic.’’.
                                                  (I) in paragraph (1)(A)(iii), by inserting be-       TROLLED BY SOCIALLY AND ECONOMICALLY                     (f) TECHNICAL ASSISTANCE.—Section 3009 of
                                               fore the period the following: ‘‘that have de-          DISADVANTAGED INDIVIDUALS.—Section 3003                the State Small Business Credit Initiative
                                               livered loans or investments to eligible busi-          of the State Small Business Credit Initiative          Act of 2010 (12 U.S.C. 5708) is amended by add-
                                               nesses’’; and                                           Act of 2010 (12 U.S.C. 5702) is amended by add-        ing at the end the following:
                                                  (II) by amending paragraph (4) to read as            ing at the end the following:                            ‘‘(e)    TECHNICAL     ASSISTANCE.—Of      the
                                               follows:                                                  ‘‘(d) ADDITIONAL ALLOCATIONS TO SUPPORT              amounts appropriated for fiscal year 2021 to
                                                  ‘‘(4) TERMINATION OF AVAILABILITY OF                 BUSINESS ENTERPRISES OWNED AND CON-                    carry out the Program, $500,000,000 may be
                                               AMOUNTS NOT TRANSFERRED.—                               TROLLED BY SOCIALLY AND ECONOMICALLY                   used by the Secretary to—
                                                  ‘‘(A) IN GENERAL.—Any portion of a partici-          DISADVANTAGED          INDIVIDUALS.—Of      the          ‘‘(1) provide funds to States to carry out a
                                               pating State’s allocated amount that has not            amounts appropriated for fiscal year 2021 to           technical assistance plan under which a
                                               been transferred to the State under this sec-           carry out the Program, the Secretary shall—            State will provide legal, accounting, and fi-
                                               tion may be deemed by the Secretary to be                 ‘‘(1) allocate $1,500,000,000 to States from         nancial advisory services, either directly or
                                               no longer allocated to the State and no                 funds allocated under this section and, by             contracted with legal, accounting, and finan-
                                               longer available to the State and shall be re-          regulation or other guidance, prescribe Pro-           cial advisory firms, with priority given to
                                               turned to the general fund of the Treasury or           gram requirements that the funds be ex-                business enterprises owned and controlled by
                                               reallocated as described under subparagraph             pended for business enterprises owned and              socially and economically disadvantaged in-
                                               (B), if—                                                controlled by socially and economically dis-           dividuals, to very small businesses and busi-
                                                  ‘‘(i) the second 1⁄3 of a State’s allocated          advantaged individuals; and                            ness enterprises owned and controlled by so-
                                               amount has not been transferred to the                    ‘‘(2) allocate such amounts to States based          cially and economically disadvantaged indi-
                                               State before the end of the end of the 3-year           on the needs of business enterprises owned             viduals applying for—
                                               period beginning on the date that the Sec-              and controlled by socially and economically              ‘‘(A) State programs under the Program;
                                               retary approves the State for participation;            disadvantaged individuals, as determined by            and
                                               or                                                      the Secretary, in each State, and not subject            ‘‘(B) other State or Federal programs that
                                                  ‘‘(ii) the last 1⁄3 of a State’s allocated           to the allocation formula described under              support small businesses;
                                               amount has not been transferred to the                  subsection (b).                                          ‘‘(2) transfer amounts to the Minority
                                               State before the end of the end of the 6-year             ‘‘(e) INCENTIVE ALLOCATIONS TO SUPPORT               Business Development Agency, so that the
                                               period beginning on the date that the Sec-              BUSINESS ENTERPRISES OWNED AND CON-                    Agency may use such amounts in a manner
                                                                                                       TROLLED BY SOCIALLY AND ECONOMICALLY
                                               retary approves the State for participation.                                                                   the Agency determines appropriate, includ-
                                                  ‘‘(B) REALLOCATION.—Any amount deemed                DISADVANTAGED          INDIVIDUALS.—Of      the
                                                                                                                                                              ing through contracting with third parties,
                                               by the Secretary to be no longer allocated to           amounts appropriated for fiscal year 2021 to
                                                                                                                                                              to provide technical assistance to business
                                               a State and no longer available to such State           carry out the Program, the Secretary shall
                                                                                                                                                              enterprises owned and controlled by socially
                                                                                                       set aside $1,000,000,000 for an incentive pro-
                                               under subparagraph (A) may be reallocated                                                                      and economically disadvantaged individuals
                                                                                                       gram under which the Secretary shall in-
                                               by the Secretary to other participating                                                                        applying to—
                                                                                                       crease the second 1⁄3 and last 1⁄3 allocations
                                               States. In making such a reallocation, the                                                                       ‘‘(A) State programs under the Program;
                                                                                                       for States that demonstrate robust support,
                                               Secretary shall not take into account the                                                                      and
                                                                                                       as determined by the Secretary, for business
                                               minimum allocation requirements under                   concerns owned and controlled by socially                ‘‘(B) other State or Federal programs that
                                               subsection (b)(2)(B) or the specific allocation         and economically disadvantaged individuals             support small businesses; and
                                               for Tribal governments described under sub-             in the deployment of prior allocation                    ‘‘(3) contract with legal, accounting, and
                                               section (b)(2)(C).’’;                                   amounts.’’.                                            financial advisory firms (with priority given
                                                  (B) in section 3004(d), by striking ‘‘date of          (c) ADDITIONAL ALLOCATIONS TO SUPPORT                to business enterprises owned and controlled
                                               enactment of this Act’’ each place it appears           VERY SMALL BUSINESSES.—Section 3003 of                 by socially and economically disadvantaged
                                               and inserting ‘‘date of the enactment of sec-           the State Small Business Credit Initiative             individuals), to provide technical assistance
                                               tion 3003(d)’’;                                         Act of 2010 (12 U.S.C. 5702), as amended by            to business enterprises owned and controlled
                                                  (C) in section 3005(b), by striking ‘‘date of        subsection (b), is further amended by adding           by socially and economically disadvantaged
                                               enactment of this Act’’ each place it appears           at the end the following:                              individuals applying to—
                                               and inserting ‘‘date of the enactment of sec-             ‘‘(f) ADDITIONAL ALLOCATIONS TO SUPPORT                ‘‘(A) State programs under the Program;
                                               tion 3003(d)’’;                                         VERY SMALL BUSINESSES.—                                and
                                                  (D) in section 3006(b)(4), by striking ‘‘date          ‘‘(1) IN GENERAL.—Of the amounts appro-                ‘‘(B) other State or Federal programs that
                                               of enactment of this Act’’ and inserting                priated to carry out the Program, the Sec-             support small businesses.’’.
                                               ‘‘date of the enactment of section 3003(d)’’;           retary shall allocate not less than $500,000,000         (g) INCLUSION OF TRIBAL GOVERNMENTS.—




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                                                  (E) in section 3007(b), by striking ‘‘March          to States from funds allocated under this              Section 3002(10) of the State Small Business
                                               31, 2011’’ and inserting ‘‘March 31, 2022’’;            section to be expended for very small busi-            Credit Initiative Act of 2010 (12 U.S.C.
                                                  (F) in section 3009, by striking ‘‘date of en-       nesses.                                                5701(10)) is amended—
                                               actment of this Act’’ each place it appears               ‘‘(2) VERY SMALL BUSINESS DEFINED.—In                  (1) in subparagraph (C), by striking ‘‘and’’
                                               and inserting ‘‘date of the enactment of sec-           this subsection, the term ‘very small busi-            at the end;
                                               tion 3003(d)’’; and                                     ness’—                                                   (2) in subparagraph (D), by striking the pe-
                                                  (G) in section 3011(b), by striking ‘‘date of          ‘‘(A) means a business with fewer than 10            riod at the end and inserting ‘‘; and’’; and
                                               the enactment of this Act’’ each place it ap-           employees; and                                           (3) by adding at the end the following:




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                                               March 4, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                      S1071
                                                 ‘‘(E) a Tribal government, or a group of              Code, funds provided under this section,               United States Code, and shall be apportioned
                                               Tribal governments that jointly apply for an            other than subsection (b)(4), shall be avail-          in accordance with such section.
                                               allocation.’’.                                          able for the operating expenses of transit               (B) ALLOCATION RATIO.—Amounts made
                                                 (h) DEFINITIONS.—Section 3002 of the State            agencies to prevent, prepare for, and respond          available under subparagraph (A) shall be al-
                                               Small Business Credit Initiative Act of 2010            to the coronavirus public health emergency,            located in the same ratio as funds were pro-
                                               (12 U.S.C. 5701) is amended by adding at the            including, beginning on January 20, 2020—              vided under section 5310 of title 49, United
                                               end the following:                                        (i) reimbursement for payroll of public              States Code, for fiscal year 2020.
                                                 ‘‘(15) BUSINESS ENTERPRISE OWNED AND CON-             transportation (including payroll and ex-                (3) FORMULA GRANTS FOR RURAL AREAS.—
                                               TROLLED BY SOCIALLY AND ECONOMICALLY DIS-               penses of private providers of public trans-             (A) IN GENERAL.—Of the amounts made
                                               ADVANTAGED INDIVIDUALS.—The term ‘busi-                 portation);                                            available under subsection (a), $317,214,013
                                               ness enterprise owned and controlled by so-               (ii) operating costs to maintain service due         shall be for grants to recipients or subrecipi-
                                               cially and economically disadvantaged indi-             to lost revenue due as a result of the                 ents eligible under section 5311 of title 49,
                                               viduals’ means a business that—                         coronavirus public health emergency, includ-           United States Code, and shall be adminis-
                                                 ‘‘(A) if privately owned, 51 percent is               ing the purchase of personal protective                tered as if the funds were provided under sec-
                                               owned by one or more socially and economi-              equipment; and                                         tion 5311 of such title, and shall be appor-
                                               cally disadvantaged individuals;                          (iii) paying the administrative leave of op-         tioned in accordance with such section, ex-
                                                 ‘‘(B) if publicly owned, 51 percent of the            erations or contractor personnel due to re-            cept as described in paragraph (B).
                                               stock is owned by one or more socially and              ductions in service.                                     (B) ALLOCATION RATIO.—Amounts made
                                               economically disadvantaged individuals; and               (B) USE OF FUNDS.—Funds described in sub-            available under subparagraph (A) to States,
                                                 ‘‘(C) in the case of a mutual institution, a          paragraph (A) shall be—                                as defined in section 5302 of title 49, United
                                               majority of the Board of Directors, account               (i) available for immediate obligation, not-         States Code, shall be allocated to such
                                               holders, and the community which the insti-             withstanding the requirement for such ex-              States based on data contained in the Na-
                                               tution services is predominantly comprised              penses to be included in a transportation im-          tional Transit Database, such that—
                                               of socially and economically disadvantaged              provement program, long-range transpor-                  (i) any State that received an amount for
                                               individuals.                                            tation plan, statewide transportation plan,            similar activities to prevent, prepare for, and
                                                 ‘‘(16) COMMUNITY DEVELOPMENT FINANCIAL                or statewide transportation improvement                respond to coronavirus that is equal to or
                                               INSTITUTION.—The term ‘community develop-               program under sections 5303 and 5304 of title          greater than 150 percent of the combined 2018
                                               ment financial institution’ has the meaning             49, United States Code;                                rural operating costs of the recipients and
                                               given that term under section 103 of the Rie-             (ii) directed to payroll and operations of           subrecipients in such State shall receive an
                                               gle Community Development and Regulatory                public transportation (including payroll and           amount equal to 5 percent of such State’s
                                               Improvement Act of 1994.                                expenses of private providers of public trans-         2018 rural operating costs;
                                                 ‘‘(17) MINORITY DEPOSITORY INSTITUTION.—              portation), unless the recipient certifies to            (ii) any State that does not receive an allo-
                                               The term ‘minority depository institution’              the Administrator of the Federal Transit Ad-           cation under clause (i) that received an
                                               has the meaning given that term under sec-              ministration that the recipient has not fur-           amount for similar activities to prevent, pre-
                                               tion 308(b) of the Financial Institutions Re-           loughed any employees;                                 pare for, and respond to coronavirus that is
                                               form, Recovery, and Enforcement Act of                    (iii) used to provide a Federal share of the         equal to or greater than 140 percent of the
                                               1989.                                                   costs for any grant made under this section            combined 2018 rural operating costs of the re-
                                                 ‘‘(18) SOCIALLY AND ECONOMICALLY DIS-                 of 100 percent.                                        cipients and subrecipients in that State shall
                                               ADVANTAGED INDIVIDUAL.—The term ‘socially                 (b) ALLOCATION OF FUNDS.—                            receive an amount equal to 10 percent of
                                               and economically disadvantaged individual’                (1) URBANIZED AREA FORMULA GRANTS.—                  such State’s 2018 rural operating costs; and
                                               means an individual who is a socially dis-                (A) IN GENERAL.—Of the amounts made                    (iii) any State that does not receive an al-
                                               advantaged individual or an economically                available under subsection (a), $26,086,580,227        location under clauses (i) or (ii) shall receive
                                               disadvantaged individual, as such terms are             shall be for grants to recipients and sub-             an amount equal to 20 percent of such
                                               defined, respectively, under section 8 of the           recipients under section 5307 of title 49,             State’s 2018 rural operating costs.
                                               Small Business Act (15 U.S.C. 637) and the              United States Code, and shall be adminis-                (4) CAPITAL INVESTMENTS.—
                                               regulations thereunder.                                 tered as if such funds were provided under               (A) IN GENERAL.—Of the amounts made
                                                 ‘‘(19) TRIBAL GOVERNMENT.—The term                    section 5307 of such title.                            available under subsection (a)—
                                               ‘Tribal government’ means the recognized                  (B) ALLOCATION.—Amounts made available                 (i) $1,425,000,000 shall be for grants adminis-
                                               governing body of any Indian or Alaska Na-              under subparagraph (A) shall be apportioned            tered under subsections (d) and (e) of section
                                               tive tribe, band, nation, pueblo, village, com-         to urbanized areas based on data contained             5309 of title 49, United States Code; and
                                               munity, component band, or component res-               in the National Transit Database such that—              (ii) $250,000,000 shall be for grants adminis-
                                               ervation, individually identified (including              (i) each urbanized area shall receive an ap-         tered under subsection (h) of section 5309 of
                                               parenthetically) in the list published most             portionment of an amount that, when com-               title 49, United States Code.
                                               recently as of the date of enactment of this            bined with amounts that were otherwise                   (B) FUNDING DISTRIBUTION.—
                                               paragraph pursuant to section 104 of the Fed-           made available to such urbanized area for                (i) IN GENERAL.—Of the amounts made
                                               erally Recognized Indian Tribe List Act of              similar activities to prevent, prepare for, and        available in subparagraph (A)(i), $1,250,000,000
                                               1994 (25 U.S.C. 5131).’’.                               respond to coronavirus, is equal to 132 per-           shall be provided to each recipient for all
                                                 (i) RULE OF APPLICATION.—The amend-                   cent of the urbanized area’s 2018 operating            projects with existing full funding grant
                                               ments made by this section shall apply with             costs; and                                             agreements that received allocations for fis-
                                               respect to funds appropriated under this sec-             (ii) for funds remaining after the appor-            cal year 2019 or 2020, except that recipients
                                               tion and funds appropriated on and after the            tionment described in clause (i), such funds           with projects open for revenue service are
                                               date of enactment of this section.                      shall be apportioned such that—                        not eligible to receive a grant under this sub-
                                                      Subtitle D—Public Transportation                   (I) each urbanized area that did not receive         paragraph. Funds shall be provided propor-
                                               SEC. 3401. FEDERAL TRANSIT ADMINISTRATION               an apportionment under clause (i) shall re-            tionally based on the non-capital investment
                                                           GRANTS.                                     ceive an apportionment equal to 25 percent             grant share of the amount allocated.
                                                 (a) FEDERAL TRANSIT ADMINISTRATION AP-                of the urbanized area’s 2018 operating costs;            (ii) ALLOCATION.—Of the amounts made
                                               PROPRIATION.—                                           and                                                    available in subparagraph (A)(i), $175,000,000
                                                 (1) IN GENERAL.—In addition to amounts                  (II) each urbanized area under clause (i),           shall be provided to each recipient for all
                                               otherwise made available, there are appro-              when the amounts that were otherwise made              projects with existing full funding grant
                                               priated for fiscal year 2021, out of any funds          available, prior to clause (i) to that urban-          agreements that received an allocation only
                                               in the Treasury not otherwise appropriated,             ized area for similar activities to prevent,           prior to fiscal year 2019, except that projects
                                               $30,461,355,534, to remain available until Sep-         prepare for, and respond to coronavirus are            open for revenue service are not eligible to
                                               tember 30, 2024, that shall—                            equal to or greater than 130 percent of the            receive a grant under this subparagraph and
                                                 (A) be for grants to eligible recipients              urbanized area’s 2018 operating costs but do           no project may receive more than 40 percent
                                               under sections 5307, 5309, 5310, and 5311 of            not exceed 132 percent of such costs, such ur-         of the amounts provided under this clause.
                                               title 49, United States Code, to prevent, pre-          banized area shall receive an apportionment            The Administrator of the Federal Transit
                                               pare for, and respond to coronavirus; and               equal to 10 percent of the urbanized area’s            Administration shall proportionally dis-
                                                 (B) not be subject to any prior restriction           2018 operating costs, in addition to amounts           tribute funds in excess of such percent to re-
                                               on the total amount of funds available for              apportioned to the urbanized area under                cipients for which the percent of funds does




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                                               implementation or execution of programs                 clause (i).                                            not exceed 40 percent. Funds shall be pro-
                                               authorized under sections 5307, 5310, or 5311             (2) FORMULA GRANTS FOR THE ENHANCED MO-              vided proportionally based on the non-cap-
                                               of such title.                                          BILITY OF SENIORS AND INDIVIDUALS WITH DIS-            ital investment grant share of the amount
                                                 (2) AVAILABILITY OF FUNDS FOR OPERATING               ABILITIES.—                                            allocated.
                                               EXPENSES.—                                                (A) IN GENERAL.—Of the amounts made                    (iii) ELIGIBLE RECIPIENTS.—For amounts
                                                 (A) IN GENERAL.—Notwithstanding sub-                  available under subsection (a), $50,000,000            made available in subparagraph (A)(ii), eligi-
                                               section (a)(1) or (b) of section 5307 and sec-          shall be for grants to recipients or subrecipi-        ble recipients shall be any recipient of an al-
                                               tion 5310(b)(2)(A) of title 49, United States           ents eligible under section 5310 of title 49,          location under subsection (h) of section 5309




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                                               S1072                                             CONGRESSIONAL RECORD — SENATE                                                           March 4, 2021
                                               of title 49, United States Code, or an appli-           United States Code, unless the recipient pro-             (4) is experiencing symptoms of COVID–19
                                               cant in the project development phase de-               vides to the Administrator—                             and seeking a medical diagnosis;
                                               scribed in paragraph (2) of such subsection.              (I) estimates of financial need;                        (5) is caring for a son or daughter of such
                                                 (iv) AMOUNT.—Amounts distributed under                  (II) data on reductions in farebox or other           employee if the school or place of care of the
                                               clauses (i), (ii), and (iii) of subparagraph (A)        sources of local revenue for sustained oper-            son or daughter has been closed, if the school
                                               shall be provided notwithstanding the limi-             ations;                                                 of such son or daughter requires or makes
                                               tation of any calculation of the maximum                  (III) a spending plan for such funds; and             optional a virtual learning instruction model
                                               amount of Federal financial assistance for                (IV) demonstration of expenditure of great-           or requires or makes optional a hybrid of in-
                                               the project under subsection (k)(2)(C)(ii) or           er than 90 percent of funds available to the            person and virtual learning instruction mod-
                                               (h)(7) of section 5309 of title 49, United States       applicant from funds made available for                 els, or the child care provider of such son or
                                               Code.                                                   similar activities in fiscal year 2020.                 daughter is unavailable, due to COVID–19
                                                 (5) SECTION 5311(F) SERVICES.—                          (ii) DEADLINES.—The Administrator of the              precautions;
                                                 (A) IN GENERAL.—Of the amounts made                   Federal Transit Administration shall—                     (6) is experiencing any other substantially
                                               available under subsection (a) and in addi-               (I) not later than 180 days after the date of         similar condition;
                                               tion to the amounts made available under                enactment of this Act, issue a Notice of                  (7) is caring for a family member with a
                                               paragraph (3), $100,000,000 shall be available          Funding Opportunity for assistance under                mental or physical disability or who is 55
                                               for grants to recipients for bus operators              this paragraph; and                                     years of age or older and incapable of self-
                                               that partner with recipients or subrecipients             (II) not later than 120 days after the appli-         care, without regard to whether another in-
                                               of funds under section 5311(f) of title 49,             cation deadline established in the Notice of            dividual other than the employee is avail-
                                               United States Code.                                     Funding Opportunity under subclause (I),                able to care for such family member, if the
                                                 (B) ALLOCATION RATIO.—Notwithstanding                 make awards under this paragraph to se-                 place of care for such family member is
                                               paragraph (3), the Administrator of the Fed-            lected applicants.                                      closed or the direct care provider is unavail-
                                               eral Transit Administration shall allocate                (iii) EVALUATION.—                                    able due to COVID–19; or
                                               amounts under subparagraph (A) in the same                (I) IN GENERAL.—Applications for assist-                (8) is obtaining immunization related to
                                               ratio as funds were provided under section              ance under this paragraph shall be evaluated            COVID–19 or is recovering from any injury,
                                               5311 of title 49, United States Code, for fiscal        by the Administrator of the Federal Transit             disability, illness, or condition related to
                                               year 2020.                                              Administration based on the level of finan-             such immunization.
                                                 (C) EXCEPTION.—If a State or territory does           cial need demonstrated by an eligible recipi-             (c) LIMITATIONS.—
                                               not have bus providers eligible under section           ent or subrecipient, including projections of             (1) PERIOD OF AVAILABILITY.—Paid leave
                                               5311(f) of title 49, United States Code, funds          future financial need to maintain service as            under this section may only be provided to
                                               under this paragraph may be used by such                a percentage of the 2018 operating costs that           and used by an employee during the period
                                               State or territory for any expense eligible             has not been replaced by the funds made                 beginning on the date of enactment of this
                                               under section 5311 of title 49, United States           available to the eligible recipient or sub-             Act and ending on September 30, 2021.
                                               Code.                                                   recipient under paragraphs (1) through (5) of             (2) TOTAL HOURS; AMOUNT.—Paid leave
                                                 (6) PLANNING.—                                        this subsection when combined with the                  under this section—
                                                 (A) IN GENERAL.—Of the amounts made                   amounts allocated to such eligible recipient              (A) shall be provided to an employee in an
                                               available under subsection (a), $25,000,000
                                                                                                       or subrecipient from funds previously made              amount not to exceed 600 hours of paid leave
                                               shall be for grants to recipients eligible
                                                                                                       available for the operating expenses of tran-           for each full-time employee, and in the case
                                               under section 5307 of title 49, United States
                                                                                                       sit agencies related to the response to the             of a part-time employee, employee on an un-
                                               Code, for the planning of public transpor-
                                                                                                       COVID–19 public health emergency.                       common tour of duty, or employee with a
                                               tation associated with the restoration of
                                                                                                         (II) RESTRICTION.—Amounts made available              seasonal work schedule, in an amount not to
                                               services as the coronavirus public health
                                                                                                       under this paragraph shall only be available            exceed the proportional equivalent of 600
                                               emergency concludes and shall be available
                                                                                                       for operating expenses.                                 hours to the extent amounts in the Fund re-
                                               in accordance with such section.
                                                                                                         (iv) STATE APPLICANTS.—A State may                    main available for reimbursement;
                                                 (B) AVAILABILITY OF FUNDS FOR ROUTE
                                               PLANNING.—Amounts made available under
                                                                                                       apply for assistance under this paragraph on              (B) shall be paid at the same hourly rate as
                                               subparagraph (A) shall be available for route           behalf of an eligible recipient or subrecipient         other leave payments; and
                                               planning designed to—                                   or a group of eligible recipients or subrecipi-           (C) may not be provided to an employee if
                                                 (i) increase ridership and reduce travel              ents.                                                   the leave would result in payments greater
                                               times, while maintaining or expanding the                 (D) UNOBLIGATED FUNDS.—If amounts made                than $2,800 in aggregate for any biweekly pay
                                               total level of vehicle revenue miles of service         available under this paragraph remain unob-             period for a full-time employee, or a propor-
                                               provided in the planning period; or                     ligated on September 30, 2023, such amounts             tionally equivalent biweekly limit for a
                                                 (ii) make service adjustments to increase             shall be available for any purpose eligible             part-time employee.
                                               the quality or frequency of service provided            under sections 5307 or 5311 of title 49, United           (3) RELATIONSHIP TO OTHER LEAVE.—Paid
                                               to low-income riders and disadvantaged                  States Code.                                            leave under this section—
                                               neighborhoods or communities.                              TITLE IV—COMMITTEE ON HOMELAND                         (A) is in addition to any other leave pro-
                                                 (C) LIMITATION.—Amounts made available                SECURITY AND GOVERNMENTAL AFFAIRS                       vided to an employee; and
                                               under subparagraph (A) shall not be used for            SEC.    4001. EMERGENCY FEDERAL EMPLOYEE                  (B) may not be used by an employee con-
                                               route planning related to transitioning pub-                          LEAVE FUND.                               currently with any other paid leave.
                                               lic transportation service provided as of the                (a) ESTABLISHMENT; APPROPRIATION.—There              (4) CALCULATION OF RETIREMENT BENEFIT.—
                                               date of receipt of funds to a transportation            is established in the Treasury the Emer-                Any paid leave provided to an employee
                                               network company or other third-party con-               gency Federal Employee Leave Fund (in this              under this section shall reduce the total
                                               tract provider, unless the existing provider            section referred to as the ‘‘Fund’’), to be ad-         service used to calculate any Federal civil-
                                               of public transportation service is a third-            ministered by the Director of the Office of             ian retirement benefit.
                                               party contract provider.                                Personnel Management, for the purposes set                (d) EMPLOYEE DEFINED.—In this section,
                                                 (7) RECIPIENTS AND SUBRECIPIENTS REQUIR-              forth in subsection (b). In addition to                 the term ‘‘employee’’ means—
                                               ING ADDITIONAL ASSISTANCE.—                             amounts otherwise available, there is appro-              (1) an individual in the executive branch
                                                 (A) IN GENERAL.—Of the amounts made                   priated for fiscal year 2021, out of any money          for whom annual and sick leave is provided
                                               available under subsection (a), $2,207,561,294          in the Treasury not otherwise appropriated,             under subchapter I of chapter 63 of title 5,
                                               shall be for grants to eligible recipients or           $570,000,000, which shall be deposited into the         United States Code;
                                               subrecipients of funds under sections 5307 or           Fund and remain available through Sep-                    (2) an individual employed by the United
                                               5311 of title 49, United States Code, that, as          tember 30, 2022. The Fund is available for              States Postal Service;
                                               a result of COVID–19, require additional as-            reasonable expenses incurred by the Office of             (3) an individual employed by the Postal
                                               sistance for costs related to operations, per-          Personnel Management in administering this              Regulatory Commission; and
                                               sonnel, cleaning, and sanitization combating            section.                                                  (4) an employee of the Public Defender
                                               the spread of pathogens on transit systems,               (b) PURPOSE.—Amounts in the Fund shall                Service for the District of Columbia and the
                                               and debt service payments incurred to main-             be available for reimbursement to an agency             District of Columbia Courts.
                                               tain operations and avoid layoffs and fur-              for the use of paid leave under this section            SEC. 4002. FUNDING FOR THE GOVERNMENT AC-
                                               loughs.                                                 by any employee of the agency who is unable                         COUNTABILITY OFFICE.
                                                 (B) ADMINISTRATION.—Funds made avail-                 to work because the employee—                             In addition to amounts otherwise avail-




SSpencer on DSK126QN23PROD with SENATE
                                               able under subparagraph (A) shall, after allo-            (1) is subject to a Federal, State, or local          able, there is appropriated for fiscal year
                                               cation, be administered as if provided under            quarantine or isolation order related to                2021, out of any money in the Treasury not
                                               paragraph (1) or (3), as applicable.                    COVID–19;                                               otherwise appropriated, $77,000,000, to remain
                                                 (C) APPLICATION REQUIREMENTS.—                          (2) has been advised by a health care pro-            available until September 30, 2025, for nec-
                                                 (i) IN GENERAL.—The Administrator of the              vider to self-quarantine due to concerns re-            essary expenses of the Government Account-
                                               Federal Transit Administration may not al-              lated to COVID–19;                                      ability Office to prevent, prepare for, and re-
                                               locate funds to an eligible recipient or sub-             (3) is caring for an individual who is sub-           spond to Coronavirus and to support over-
                                               recipient of funds under chapter 53 of title 49,        ject to such an order or has been so advised;           sight of the Coronavirus response and of




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                                               March 4, 2021                                      CONGRESSIONAL RECORD — SENATE                                                                     S1073
                                               funds provided in this Act or any other Act              2021, out of any money in the Treasury not             profit organization employs not more than
                                               pertaining to the Coronavirus pandemic.                  otherwise appropriated, $200,000,000, to re-           500 employees per physical location of the or-
                                               SEC.   4003.    PANDEMIC RESPONSE          ACCOUNT-      main available until September 30, 2024, for           ganization; and
                                                              ABILITY   COMMITTEE          FUNDING      the United States Digital Service.                       ‘‘(bb) an additional covered nonprofit enti-
                                                              AVAILABILITY.                             SEC.   4011.   APPROPRIATION FOR THE TECH-             ty and an organization that, but for sub-
                                                 In addition to amounts otherwise avail-                               NOLOGY MODERNIZATION FUND.              clauses (I)(dd) and (II)(dd) of clause (vii),
                                               able, there is appropriated for fiscal year                In addition to amounts otherwise appro-              would be eligible for a covered loan under
                                               2021, out of any money in the Treasury not               priated, there is appropriated to the General          clause (vii) shall be eligible to receive a cov-
                                               otherwise appropriated, $40,000,000, to remain           Services Administration for fiscal year 2021,          ered loan if the entity or organization em-
                                               available until September 30, 2025, for the              out of any money in the Treasury not other-            ploys not more than 300 employees per phys-
                                               Pandemic Response Accountability Com-                    wise appropriated, $1,000,000,000, to remain           ical location of the entity or organization.’’;
                                               mittee    to   support   oversight     of  the           available until September 30, 2025, to carry           and
                                               Coronavirus response and of funds provided               out the purposes of the Technology Mod-                  (ii) by adding at the end the following:
                                               in this Act or any other Act pertaining to               ernization Fund.                                         ‘‘(ix) ELIGIBILITY OF ADDITIONAL COVERED
                                               the Coronavirus pandemic.                                SEC. 4012. APPROPRIATION FOR THE FEDERAL               NONPROFIT ENTITIES.—An additional covered
                                               SEC. 4004. FUNDING FOR THE WHITE HOUSE.                              CITIZEN SERVICES FUND.                     nonprofit entity shall be eligible to receive a
                                                 In addition to amounts otherwise avail-                  In addition to amounts otherwise avail-              covered loan if—
                                               able, there is appropriated for fiscal year              able, there is appropriated to the General               ‘‘(I) the additional covered nonprofit entity
                                               2021, out of any money in the Treasury not               Services Administration for fiscal year 2021,          does not receive more than 15 percent of its
                                               otherwise appropriated, $12,800,000, to remain           out of any money in the Treasury not other-            receipts from lobbying activities;
                                               available until September 30, 2021, for nec-             wise appropriated, $150,000,000, to remain               ‘‘(II) the lobbying activities of the addi-
                                               essary expenses for the White House, to pre-             available until September 30, 2024, to carry           tional covered nonprofit entity do not com-
                                               vent,   prepare   for,   and     respond    to           out the purposes of the Federal Citizen Serv-          prise more than 15 percent of the total ac-
                                               coronavirus.                                             ices Fund.                                             tivities of the organization;
                                               SEC. 4005. FEDERAL EMERGENCY MANAGEMENT                  SEC. 4013. AFG AND SAFER PROGRAM FUNDING.                ‘‘(III) the cost of the lobbying activities of
                                                           AGENCY APPROPRIATION.                                                                               the additional covered nonprofit entity did
                                                                                                          In addition to amounts otherwise made
                                                 In addition to amounts otherwise avail-                                                                       not exceed $1,000,000 during the most recent
                                                                                                        available, there is appropriated to the Fed-
                                               able, there is appropriated to the Federal                                                                      tax year of the additional covered nonprofit
                                                                                                        eral Emergency Management Agency for fis-
                                               Emergency Management Agency for fiscal                                                                          entity that ended prior to February 15, 2020;
                                                                                                        cal year 2021, out of any money in the Treas-
                                               year 2021, out of any money in the Treasury                                                                     and
                                                                                                        ury not otherwise appropriated, $300,000,000,
                                               not otherwise appropriated, $50,000,000,000, to                                                                   ‘‘(IV) the additional covered nonprofit en-
                                                                                                        to remain available until September 30, 2025,
                                               remain available until September 30, 2025, to                                                                   tity employs not more than 300 employees.’’.
                                                                                                        of which $100,000,000 shall be for assistance to
                                               carry out the purposes of the Disaster Relief                                                                     (2) ELIGIBILITY FOR SECOND DRAW LOANS.—
                                                                                                        firefighter grants and $200,000,000 shall be for
                                               Fund for costs associated with major dis-                                                                       Paragraph (37)(A)(i) of section 7(a) of the
                                                                                                        staffing for adequate fire and emergency re-
                                               aster declarations.                                                                                             Small Business Act (15 U.S.C. 636(a)), as
                                                                                                        sponse grants.
                                               SEC. 4006. FUNERAL ASSISTANCE.                                                                                  added by the Economic Aid to Hard-Hit
                                                                                                        SEC. 4014. EMERGENCY MANAGEMENT PERFORM-
                                                 (a) IN GENERAL.—For the emergency dec-                             ANCE GRANT FUNDING.                        Small Businesses, Nonprofits, and Venues
                                               laration issued by the President on March 13,                                                                   Act (title III of division N of Public Law 116–
                                                                                                          In addition to amounts otherwise made
                                               2020, pursuant to section 501(b) of the Robert                                                                  260), is amended by inserting ‘‘ ‘additional
                                                                                                        available, there is appropriated to the Fed-
                                               T. Stafford Disaster Relief and Emergency                                                                       covered nonprofit entity’,’’ after ‘‘the
                                                                                                        eral Emergency Management Agency for fis-
                                               Assistance Act (42 U.S.C. 5191(b)), and for any                                                                 terms’’.
                                                                                                        cal year 2021, out of any money in the Treas-            (b) ELIGIBILITY OF INTERNET PUBLISHING
                                               subsequent major disaster declaration that
                                                                                                        ury not otherwise appropriated, $100,000,000,          ORGANIZATIONS FOR COVERED LOANS UNDER
                                               supersedes such emergency declaration, the
                                                                                                        to remain available until September 30, 2025,          THE PAYCHECK PROTECTION PROGRAM.—
                                               President shall provide financial assistance
                                                                                                        for emergency management performance                     (1) IN GENERAL.—Section 7(a)(36)(D) of the
                                               to an individual or household to meet dis-
                                                                                                        grants.                                                Small Business Act (15 U.S.C. 636(a)(36)(D)),
                                               aster-related funeral expenses under section
                                               408(e)(1) of the Robert T. Stafford Disaster                  TITLE V—COMMITTEE ON SMALL                        as amended by subsection (a), is further
                                               Relief and Emergency Assistance Act (42                     BUSINESS AND ENTREPRENEURSHIP                       amended—
                                               U.S.C. 5174(e)(1)), for which the Federal cost           SEC. 5001. MODIFICATIONS TO PAYCHECK PRO-                (A) in clause (iii), by adding at the end the
                                               share shall be 100 percent.                                          TECTION PROGRAM.                           following:
                                                 (b) USE OF FUNDS.—Funds appropriated                     (a) ELIGIBILITY OF CERTAIN NONPROFIT EN-               ‘‘(IV) ELIGIBILITY OF INTERNET PUBLISHING
                                               under section 4005 may be used to carry out              TITIES FOR COVERED LOANS UNDER THE PAY-                ORGANIZATIONS.—A business concern or other
                                               subsection (a) of this section.                          CHECK PROTECTION PROGRAM.—                             organization that was not eligible to receive
                                               SEC. 4007. EMERGENCY FOOD AND SHELTER PRO-                 (1) IN GENERAL.—Section 7(a)(36) of the              a covered loan the day before the date of en-
                                                            GRAM FUNDING.                               Small Business Act (15 U.S.C. 636(a)(36)), as          actment of this subclause, is assigned a
                                                 In addition to amounts otherwise made                  amended by the Economic Aid to Hard-Hit                North American Industry Classification Sys-
                                               available, there is appropriated to the Fed-             Small Businesses, Nonprofits, and Venues               tem code of 519130, certifies in good faith as
                                               eral Emergency Management Agency for fis-                Act (title III of division N of Public Law 116–        an Internet-only news publisher or Internet-
                                               cal year 2021, out of any money in the Treas-            260), is amended—                                      only periodical publisher, and is engaged in
                                               ury not otherwise appropriated, $400,000,000,              (A) in subparagraph (A)—                             the collection and distribution of local or re-
                                               to remain available until September 30, 2025,              (i) in clause (xv), by striking ‘‘and’’ at the       gional and national news and information
                                               for the emergency food and shelter program.              end;                                                   shall be eligible to receive a covered loan for
                                               SEC. 4008. HUMANITARIAN RELIEF.                            (ii) in clause (xvi), by striking the period         the continued provision of news, informa-
                                                 In addition to amounts otherwise made                  at the end and inserting ‘‘; and’’; and                tion, content, or emergency information if—
                                               available, there is appropriated to the Fed-               (iii) by adding at the end the following:              ‘‘(aa) the business concern or organization
                                               eral Emergency Management Agency for fis-                  ‘‘(xvii) the term ‘additional covered non-           employs not more than 500 employees, or the
                                               cal year 2021, out of any money in the Treas-            profit entity’—                                        size standard established by the Adminis-
                                               ury not otherwise appropriated, $110,000,000,              ‘‘(I) means an organization described in             trator for that North American Industry
                                               to remain available until September 30, 2025,            any paragraph of section 501(c) of the Inter-          Classification code, per physical location of
                                               for the emergency food and shelter program               nal Revenue Code of 1986, other than para-             the business concern or organization; and
                                               for the purposes of providing humanitarian               graph (3), (4), (6), or (19), and exempt from            ‘‘(bb) the business concern or organization
                                               relief to families and individuals encoun-               tax under section 501(a) of such Code; and             makes a good faith certification that pro-
                                               tered by the Department of Homeland Secu-                  ‘‘(II) does not include any entity that, if          ceeds of the loan will be used to support ex-
                                               rity.                                                    the entity were a business concern, would be           penses at the component of the business con-
                                               SEC. 4009. CYBERSECURITY AND INFRASTRUC-                 described in section 120.110 of title 13, Code of      cern or organization that supports local or
                                                          TURE SECURITY AGENCY.                         Federal Regulations (or in any successor reg-          regional news.’’;
                                                 In addition to amounts otherwise made                  ulation or other related guidance or rule                (B) in clause (iv)—
                                               available, there is appropriated for fiscal              that may be issued by the Administrator)                 (i) in subclause (III), by striking ‘‘and’’ at
                                               year 2021, out of any money in the Treasury              other than a business concern described in             the end;
                                               not otherwise appropriated, $650,000,000, to             paragraph (a) or (k) of such section.’’; and             (ii) in subclause (IV)(bb), by striking the




SSpencer on DSK126QN23PROD with SENATE
                                               remain available until September 30, 2023, for             (B) in subparagraph (D)—                             period at the end and inserting ‘‘; and’’; and
                                               the Cybersecurity and Infrastructure Secu-                 (i) in clause (iii), by adding at the end the          (iii) by adding at the end the following:
                                               rity Agency for cybersecurity risk mitiga-               following:                                               ‘‘(V) any business concern or other organi-
                                               tion.                                                      ‘‘(III) ELIGIBILITY OF CERTAIN ORGANIZA-             zation that was not eligible to receive a cov-
                                               SEC. 4010. APPROPRIATION FOR THE UNITED                  TIONS.—Subject to the provisions in this sub-          ered loan the day before the date of enact-
                                                          STATES DIGITAL SERVICE.                       paragraph, during the covered period—                  ment of this subclause, is assigned a North
                                                 In addition to amounts otherwise avail-                  ‘‘(aa) a nonprofit organization shall be eli-        American Industry Classification System
                                               able, there is appropriated for fiscal year              gible to receive a covered loan if the non-            code of 519130, certifies in good faith as an




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                                               S1074                                             CONGRESSIONAL RECORD — SENATE                                                           March 4, 2021
                                               Internet-only news publisher or Internet-               priated to the Administrator of the Small                 (II) as of March 13, 2020, owns or operates
                                               only periodical publisher, and is engaged in            Business Administration for fiscal year 2021,          (together with any affiliated business) more
                                               the collection and distribution of local or re-         out of any money in the Treasury not other-            than 20 locations, regardless of whether
                                               gional and national news and information, if            wise appropriated, $7,250,000,000, to remain           those locations do business under the same
                                               the business concern or organization—                   available until expended, for carrying out             or multiple names; or
                                                  ‘‘(aa) employs not more than 500 employ-             this section.                                             (III) has a pending application for or has
                                               ees, or the size standard established by the            SEC. 5002. TARGETED EIDL ADVANCE.                      received a grant under section 324 of the Eco-
                                               Administrator for that North American In-                 (a) DEFINITIONS.—In this section—                    nomic Aid to Hard-Hit Small Businesses,
                                               dustry Classification code, per physical loca-            (1) the term ‘‘Administrator’’ means the             Nonprofits, and Venues Act (title III of divi-
                                               tion of the business concern or organization;           Administrator of the Small Business Admin-             sion N of Public Law 116–260); or
                                               and                                                     istration; and                                            (ii) a publicly-traded company.
                                                  ‘‘(bb) is majority owned or controlled by a            (2) the terms ‘‘covered entity’’ and ‘‘eco-             (5) EXCHANGE; ISSUER; SECURITY.—The
                                               business concern or organization that is as-            nomic loss’’ have the meanings given the               terms ‘‘exchange’’, ‘‘issuer’’, and ‘‘security’’
                                               signed a North American Industry Classifica-            terms in section 331(a) of the Economic Aid            have the meanings given those terms in sec-
                                               tion System code of 519130.’’;                          to Hard-Hit Small Businesses, Nonprofits,              tion 3(a) of the Securities Exchange Act of
                                                  (C) in clause (v), by striking ‘‘clause              and Venues Act (title III of division N of             1934 (15 U.S.C. 78c(a)).
                                               (iii)(II), (iv)(IV), or (vii)’’ and inserting ‘‘sub-    Public Law 116–260).                                      (6) FUND.—The term ‘‘Fund’’ means the
                                               clause (II), (III), or (IV) of clause (iii), sub-         (b)    APPROPRIATIONS.—In       addition  to         Restaurant Revitalization Fund established
                                               clause (IV) or (V) of clause (iv), clause (vii),        amounts otherwise available, there is appro-           under subsection (b).
                                               or clause (ix)’’; and                                   priated to the Administrator for fiscal year              (7) PANDEMIC-RELATED REVENUE LOSS.—The
                                                  (D) in clause (viii)(II)—                            2021, out of any money in the Treasury not             term      ‘‘pandemic-related     revenue    loss’’
                                                  (i) by striking ‘‘business concern made eli-         otherwise appropriated, $15,000,000,000—               means, with respect to an eligible entity—
                                               gible by clause (iii)(II) or clause (iv)(IV) of           (1) to remain available until expended; and             (A) except as provided in subparagraphs
                                               this subparagraph’’ and inserting ‘‘business              (2) of which, the Administrator shall use—           (B), (C), and (D), the gross receipts, as estab-
                                               concern made eligible by subclause (II) or                (A) $10,000,000,000 to make payments to              lished using such verification documentation
                                               (IV) of clause (iii) or subclause (IV) or (V) of        covered entities that have not received the            as the Administrator may require, of the eli-
                                               clause (iv) of this subparagraph’’; and                 full amounts to which the covered entities             gible entity during 2020 subtracted from the
                                                  (ii) by inserting ‘‘or organization’’ after          are entitled under section 331 of the Eco-             gross receipts of the eligible entity in 2019, if
                                               ‘‘business concern’’ each place it appears.             nomic Aid to Hard-Hit Small Businesses,                such sum is greater than zero;
                                                  (2) ELIGIBILITY FOR SECOND DRAW LOANS.—              Nonprofits, and Venues Act (title III of divi-            (B) if the eligible entity was not in oper-
                                               Section 7(a)(37)(A)(iv)(II) of the Small Busi-          sion N of Public Law 116–260); and                     ation for the entirety of 2019—
                                               ness Act, as amended by the Economic Aid                  (B) $5,000,000,000 to make payments under               (i) the difference between—
                                               to Hard-Hit Small Businesses, Nonprofits,               section 1110(e) of the CARES Act (15 U.S.C.               (I) the product obtained by multiplying the
                                               and Venues Act (title III of division N of              9009(e)), each of which shall be—                      average monthly gross receipts of the eligi-
                                               Public Law 116–260), is amended by striking               (i) made to a covered entity that—                   ble entity in 2019 by 12; and
                                               ‘‘clause (iii)(II), (iv)(IV), or (vii)’’ and insert-      (I) has suffered an economic loss of greater            (II) the product obtained by multiplying
                                               ing ‘‘subclause (II), (III), or (IV) of clause          than 50 percent; and                                   the average monthly gross receipts of the el-
                                               (iii), subclause (IV) or (V) of clause (iv),              (II) employs not more than 10 employees;             igible entity in 2020 by 12; or
                                               clause (vii), or clause (ix)’’.                           (ii) in an amount that is $5,000; and                   (ii) an amount based on a formula deter-
                                                  (c) COORDINATION WITH CONTINUATION COV-                (iii) with respect to the covered entity to          mined by the Administrator;
                                               ERAGE PREMIUM ASSISTANCE.—                              which the payment is made, in addition to                 (C) if the eligible entity opened during the
                                                  (1) PAYCHECK PROTECTION PROGRAM.—Sec-                any payment made to the covered entity                 period beginning on January 1, 2020, and end-
                                               tion 7A(a)(12) of the Small Business Act (as            under section 1110(e) of the CARES Act (15             ing on the day before the date of enactment
                                               redesignated, transferred, and amended by               U.S.C. 9009(e)) or section 331 of the Economic         of this section—
                                               section 304(b) of the Economic Aid to Hard-             Aid to Hard-Hit Small Businesses, Non-                    (i) the expenses described in subsection
                                               Hit Small Businesses, Nonprofits, and                   profits, and Venues Act (title III of division         (c)(5)(A) that were incurred by the eligible
                                               Venues Act (Public Law 116–260)) is amend-              N of Public Law 116–260).                              entity minus any gross receipts received; or
                                               ed—                                                     SEC. 5003. SUPPORT FOR RESTAURANTS.                       (ii) an amount based on a formula deter-
                                                  (A) by striking ‘‘CARES Act or’’ and in-               (a) DEFINITIONS.—In this section:                    mined by the Administrator; or
                                               serting ‘‘CARES Act,’’; and                               (1) ADMINISTRATOR.—The term ‘‘Adminis-                  (D) if the eligible entity has not yet opened
                                                  (B) by inserting before the period at the            trator’’ means the Administrator of the                as of the date of application for a grant
                                               end the following: ‘‘, or premiums taken into           Small Business Administration.                         under subsection (c), but has incurred ex-
                                               account in determining the credit allowed                 (2) AFFILIATED BUSINESS.—The term ‘‘affili-          penses described in subsection (c)(5)(A) as of
                                               under section 6432 of the Internal Revenue              ated business’’ means a business in which an           the date of enactment of this section—
                                               Code of 1986’’.                                         eligible entity has an equity or right to prof-           (i) the amount of those expenses; or
                                                  (2) PAYCHECK PROTECTION PROGRAM SECOND               it distributions of not less than 50 percent, or          (ii) an amount based on a formula deter-
                                               DRAW.—Section 7(a)(37)(J)(iii)(I) of the Small          in which an eligible entity has the contrac-           mined by the Administrator.
                                               Business Act, as amended by the Economic                tual authority to control the direction of the         For purposes of this paragraph, the pan-
                                               Aid to Hard-Hit Small Businesses, Non-                  business, provided that such affiliation shall         demic-related revenue losses for an eligible
                                               profits, and Venues Act (title III of division          be determined as of any arrangements or                entity shall be reduced by any amounts re-
                                               N of Public Law 116–260), is amended—                   agreements in existence as of March 13, 2020.          ceived from a covered loan made under para-
                                                  (A) by striking ‘‘or’’ at the end of item              (3) COVERED PERIOD.—The term ‘‘covered               graph (36) or (37) of section 7(a) of the Small
                                               (aa);                                                   period’’ means the period—                             Business Act (15 U.S.C. 636(a)) in 2020 or 2021.
                                                  (B) by striking the period at the end of               (A) beginning on February 15, 2020; and                 (8) PAYROLL COSTS.—The term ‘‘payroll
                                               item (bb) and inserting ‘‘; or’’; and                     (B) ending on December 31, 2021, or a date           costs’’ has the meaning given the term in
                                                  (C) by adding at the end the following new           to be determined by the Administrator that             section 7(a)(36)(A) of the Small Business Act
                                               item:                                                   is not later than 2 years after the date of en-        (15 U.S.C. 636(a)(36)(A)), except that such
                                                  ‘‘(cc) premiums taken into account in de-            actment of this section.                               term shall not include—
                                               termining the credit allowed under section                (4) ELIGIBLE ENTITY.—The term ‘‘eligible                (A) qualified wages (as defined in sub-
                                               6432 of the Internal Revenue Code of 1986.’’.           entity’’—                                              section (c)(3) of section 2301 of the CARES
                                                  (3) APPLICABILITY.—The amendments made                 (A) means a restaurant, food stand, food             Act) taken into account in determining the
                                               by this subsection shall apply only with re-            truck, food cart, caterer, saloon, inn, tavern,        credit allowed under such section 2301; or
                                               spect to applications for forgiveness of cov-           bar, lounge, brewpub, tasting room, taproom,              (B) premiums taken into account in deter-
                                               ered loans made under paragraphs (36) or (37)           licensed facility or premise of a beverage al-         mining the credit allowed under section 6432
                                               of section 7(a) of the Small Business Act, as           cohol producer where the public may taste,             of the Internal Revenue Code of 1986.
                                               amended by the Economic Aid to Hard-Hit                 sample, or purchase products, or other simi-              (9) PUBLICLY-TRADED COMPANY.—The term
                                               Small Businesses, Nonprofits, and Venues                lar place of business in which the public or           ‘‘publicly-traded company’’ means an entity
                                               Act (title III of division N of Public Law 116–         patrons assemble for the primary purpose of            that is majority owned or controlled by an
                                               260), that are received on or after the date of         being served food or drink;                            entity that is an issuer, the securities of
                                                                                                         (B) includes an entity described in subpara-         which are listed on a national securities ex-




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                                               the enactment of this Act.
                                                  (d) COMMITMENT AUTHORITY AND APPRO-                  graph (A) that is located in an airport ter-           change under section 6 of the Securities Ex-
                                               PRIATIONS.—                                             minal or that is a Tribally-owned concern;             change Act of 1934 (15 U.S.C. 78f).
                                                  (1)     COMMITMENT         AUTHORITY.—Section        and                                                       (10) TRIBALLY-OWNED CONCERN.—The term
                                               1102(b)(1) of the CARES Act (Public Law 116–              (C) does not include—                                ‘‘Tribally-owned concern’’ has the meaning
                                               136) is amended by striking ‘‘$806,450,000,000’’          (i) an entity described in subparagraph (A)          given the term in section 124.3 of title 13,
                                               and inserting ‘‘$813,700,000,000’’.                     that—                                                  Code of Federal Regulations, or any suc-
                                                  (2) DIRECT APPROPRIATIONS.—In addition to              (I) is a State or local government-operated          cessor regulation.
                                               amounts otherwise available, there is appro-            business;                                                 (b) RESTAURANT REVITALIZATION FUND.—




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                                               March 4, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                       S1075
                                                 (1) IN GENERAL.—There is established in the           under this section after the end of such 21-           programs of the Small Business Administra-
                                               Treasury of the United States a fund to be              day period.                                            tion.
                                               known as the Restaurant Revitalization                    (B) CERTIFICATION.—For purposes of estab-               (4) COMMUNITY NAVIGATOR.—The term
                                               Fund.                                                   lishing priority under subparagraph (A), an            ‘‘community navigator’’ means a community
                                                 (2) APPROPRIATIONS.—                                  applicant shall submit a self-certification of         organization, community financial institu-
                                                 (A) IN GENERAL.—In addition to amounts                eligibility for priority with the grant appli-         tion as defined in section 7(a)(36)(A) of the
                                               otherwise available, there is appropriated to           cation.                                                Small Business Act (15 U.S.C. 636(a)(36)(A)),
                                               the Restaurant Revitalization Fund for fis-               (4) GRANT AMOUNT.—                                   or other private nonprofit organization en-
                                               cal year 2021, out of any money in the Treas-             (A) AGGREGATE MAXIMUM AMOUNT.—The ag-                gaged in the delivery of community navi-
                                               ury       not       otherwise      appropriated,        gregate amount of grants made to an eligible           gator services.
                                               $25,000,000,000, to remain available until ex-          entity and any affiliated businesses of the el-           (5) ELIGIBLE BUSINESS.—The term ‘‘eligible
                                               pended.                                                 igible entity under this subsection—                   business’’ means any small business concern,
                                                 (B) DISTRIBUTION.—                                      (i) shall not exceed $10,000,000; and                with priority for small business concerns
                                                 (i) IN GENERAL.—Of the amounts made                     (ii) shall be limited to $5,000,000 per phys-        owned and controlled by women (as defined
                                               available under subparagraph (A)—                       ical location of the eligible entity.                  in section 3(n) of the Small Business Act (15
                                                 (I) $5,000,000,000 shall be available to eligi-         (B) DETERMINATION OF GRANT AMOUNT.—                  U.S.C. 632(n))), small business concerns
                                               ble entities with gross receipts during 2019 of           (i) IN GENERAL.—Except as provided in this           owned and controlled by veterans (as defined
                                               not more than $500,000; and                             paragraph, the amount of a grant made to an            in section 3(q) of such Act (15 U.S.C. 632(q))),
                                                 (II) $20,000,000,000 shall be available to the        eligible entity under this subsection shall be         and socially and economically disadvantaged
                                               Administrator to award grants under sub-                equal to the pandemic-related revenue loss             small business concerns (as defined in sec-
                                               section (c) in an equitable manner to eligible          of the eligible entity.                                tion 8(a)(4)(A) of the Small Business Act (15
                                               entities of different sizes based on annual               (ii) RETURN TO TREASURY.—Any amount of               U.S.C. 637(a)(4)(A))).
                                               gross receipts.                                         a grant made under this subsection to an eli-             (6) PRIVATE NONPROFIT ORGANIZATION.—The
                                                 (ii)   ADJUSTMENTS.—The         Administrator         gible entity based on estimated receipts that          term      ‘‘private  nonprofit    organization’’
                                               may make adjustments as necessary to the                is greater than the actual gross receipts of           means an entity that is described in section
                                               distribution of funds under clause (i)(II)              the eligible entity in 2020 shall be returned          501(c) of the Internal Revenue Code of 1986
                                               based on demand and the relative local costs            to the Treasury.                                       and exempt from tax under section 501(a) of
                                               in the markets in which eligible entities op-             (5) USE OF FUNDS.—During the covered pe-             such Code.
                                               erate.                                                  riod, an eligible entity that receives a grant            (7) RESOURCE PARTNER.—The term ‘‘re-
                                                 (C) GRANTS AFTER INITIAL PERIOD.—Not-                 under this subsection may use the grant                source partner’’ means—
                                               withstanding subparagraph (B), on and after             funds for the following expenses incurred as              (A) a small business development center
                                               the date that is 60 days after the date of en-          a direct result of, or during, the COVID–19            (as defined in section 3 of the Small Business
                                               actment of this section, or another period of           pandemic:                                              Act (15 U.S.C. 632));
                                               time determined by the Administrator, the                 (A) Payroll costs.                                      (B) a women’s business center (as described
                                               Administrator may make grants using                       (B) Payments of principal or interest on             in section 29 of the Small Business Act (15
                                                                                                                                                              U.S.C. 656)); and
                                               amounts appropriated under subparagraph                 any mortgage obligation (which shall not in-
                                                                                                                                                                 (C) a chapter of the Service Corps of Re-
                                               (A) to any eligible entity regardless of the            clude any prepayment of principal on a
                                                                                                                                                              tired Executives (as defined in section
                                               annual gross receipts of the eligible entity.           mortgage obligation).
                                                                                                                                                              8(b)(1)(B) of the Act (15 U.S.C. 637(b)(1)(B))).
                                                 (3) USE OF FUNDS.—The Administrator shall               (C) Rent payments, including rent under a
                                                                                                                                                                 (8) SMALL BUSINESS CONCERN.—The term
                                               use amounts in the Fund to make grants de-              lease agreement (which shall not include any
                                                                                                                                                              ‘‘small business concern’’ has the meaning
                                               scribed in subsection (c).                              prepayment of rent).
                                                                                                                                                              given under section 3 of the Small Business
                                                 (c) RESTAURANT REVITALIZATION GRANTS.—                  (D) Utilities.
                                                                                                                                                              Act (15 U.S.C. 632).
                                                 (1) IN GENERAL.—Except as provided in sub-              (E) Maintenance expenses, including—
                                                                                                                                                                 (9) STATE.—The term ‘‘State’’ means a
                                               section (b) and paragraph (3), the Adminis-               (i) construction to accommodate outdoor
                                                                                                                                                              State of the United States, the District of
                                               trator shall award grants to eligible entities          seating; and
                                                                                                                                                              Columbia, the Commonwealth of Puerto
                                               in the order in which applications are re-                (ii) walls, floors, deck surfaces, furniture,
                                                                                                                                                              Rico, the Virgin Islands, American Samoa,
                                               ceived by the Administrator.                            fixtures, and equipment.
                                                                                                                                                              the Commonwealth of the Northern Mariana
                                                 (2) APPLICATION.—                                       (F) Supplies, including protective equip-
                                                                                                                                                              Islands, and Guam, or an agency, instrumen-
                                                 (A) CERTIFICATION.—An eligible entity ap-             ment and cleaning materials.
                                                                                                                                                              tality, or fiscal agent thereof.
                                               plying for a grant under this subsection shall            (G) Food and beverage expenses that are
                                                                                                                                                                 (10) UNIT OF GENERAL LOCAL GOVERNMENT.—
                                               make a good faith certification that—                   within the scope of the normal business prac-
                                                                                                                                                              The term ‘‘unit of general local government’’
                                                 (i) the uncertainty of current economic               tice of the eligible entity before the covered
                                                                                                                                                              means a county, city, town, village, or other
                                               conditions makes necessary the grant re-                period.
                                                                                                                                                              general purpose political subdivision of a
                                               quest to support the ongoing operations of                (H) Covered supplier costs, as defined in
                                                                                                                                                              State.
                                               the eligible entity; and                                section 7A(a) of the Small Business Act (as               (b) COMMUNITY NAVIGATOR PILOT PRO-
                                                 (ii) the eligible entity has not applied for          redesignated, transferred, and amended by              GRAM.—
                                               or received a grant under section 324 of the            section 304(b) of the Economic Aid to Hard-               (1) IN GENERAL.—The Administrator of the
                                               Economic Aid to Hard-Hit Small Businesses,              Hit Small Businesses, Nonprofits, and                  Small Business Administration shall estab-
                                               Nonprofits, and Venues Act (title III of divi-          Venues Act (Public Law 116–260)).                      lish a Community Navigator pilot program
                                               sion N of Public Law 116–260).                            (I) Operational expenses.                            to make grants to, or enter into contracts or
                                                 (B) BUSINESS IDENTIFIERS.—In accepting                  (J) Paid sick leave.                                 cooperative agreements with, private non-
                                               applications for grants under this sub-                   (K) Any other expenses that the Adminis-             profit organizations, resource partners,
                                               section, the Administrator shall prioritize             trator determines to be essential to main-             States, Tribes, and units of local government
                                               the ability of each applicant to use their ex-          taining the eligible entity.                           to ensure the delivery of free community
                                               isting business identifiers over requiring                (6) RETURNING FUNDS.—If an eligible entity           navigator services to current or prospective
                                               other forms of registration or identification           that receives a grant under this subsection            owners of eligible businesses in order to im-
                                               that may not be common to their industry                fails to use all grant funds or permanently            prove access to assistance programs and re-
                                               and imposing additional burdens on appli-               ceases operations on or before the last day of         sources made available because of the
                                               cants.                                                  the covered period, the eligible entity shall          COVID–19 pandemic by Federal, State, Trib-
                                                 (3) PRIORITY IN AWARDING GRANTS.—                     return to the Treasury any funds that the el-          al, and local entities.
                                                 (A) IN GENERAL.—During the initial 21-day             igible entity did not use for the allowable ex-           (2)   APPROPRIATIONS.—In       addition      to
                                               period in which the Administrator awards                penses under paragraph (5).                            amounts otherwise available, there is appro-
                                               grants under this subsection, the Adminis-              SEC. 5004. COMMUNITY NAVIGATOR PILOT PRO-              priated to the Administrator for fiscal year
                                               trator shall prioritize awarding grants to eli-                     GRAM.                                      2021, out of any money in the Treasury not
                                               gible entities that are small business con-               (a) DEFINITIONS.—In this section:                    otherwise appropriated, $100,000,000, to re-
                                               cerns owned and controlled by women (as de-               (1) ADMINISTRATION.—The term ‘‘Adminis-              main available until September 30, 2022, for
                                               fined in section 3(n) of the Small Business             tration’’ means the Small Business Adminis-            carrying out this subsection.
                                               Act (15 U.S.C. 632(n))), small business con-            tration.                                                  (c) OUTREACH AND EDUCATION.—
                                               cerns owned and controlled by veterans (as                (2) ADMINISTRATOR.—The term ‘‘Adminis-                  (1) PROMOTION.—The Administrator shall




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                                               defined in section 3(q) of such Act (15 U.S.C.          trator’’ means the Administrator of the                develop and implement a program to pro-
                                               632(q))), or socially and economically dis-             Small Business Administration.                         mote community navigator services to cur-
                                               advantaged small business concerns (as de-                (3) COMMUNITY NAVIGATOR SERVICES.—The                rent or prospective owners of eligible busi-
                                               fined in section 8(a)(4)(A) of the Small Busi-          term     ‘‘community   navigator    services’’         nesses.
                                               ness Act (15 U.S.C. 637(a)(4)(A))). The Admin-          means the outreach, education, and tech-                  (2) CALL CENTER.—The Administrator shall
                                               istrator may take such steps as necessary to            nical assistance provided by community                 establish a telephone hotline to offer infor-
                                               ensure that eligible entities described in this         navigators that target eligible businesses to          mation about Federal programs to assist eli-
                                               subparagraph have access to grant funding               increase awareness of, and participation in,           gible businesses and offer referral services to




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                                               S1076                                             CONGRESSIONAL RECORD — SENATE                                                           March 4, 2021
                                               resource partners, community navigators,                propriated, to remain available until ex-                (D) sections 791 through 797 of the Energy
                                               potential lenders, and other persons that the           pended—                                                Policy Act of 2005 (42 U.S.C. 16131 through
                                               Administrator determines appropriate for                  (1) $840,000,000 for administrative expenses,        16137); and
                                               current or prospective owners of eligible               including to prevent, prepare for, and re-               (2) $50,000,000 shall be for grants and activi-
                                               businesses.                                             spond to the COVID–19 pandemic, domesti-               ties authorized under subsections (a) through
                                                 (3) OUTREACH.—The Administrator shall—                cally or internationally, including adminis-           (c) of section 103 of the Clean Air Act (42
                                                 (A) conduct outreach and education, in the            trative expenses related to paragraphs (36)            U.S.C. 7403) and grants and activities author-
                                               10 most commonly spoken languages in the                and (37) of section 7(a) of the Small Business         ized under section 105 of such Act (42 U.S.C.
                                               United States, to current or prospective                Act, section 324 of the Economic Aid to                7405).
                                               owners of eligible businesses on community              Hard-Hit Small Businesses, Nonprofits, and               (b) ADMINISTRATION OF FUNDS.—
                                               navigator services and other Federal pro-               Venues Act (title III of division N of Public            (1) Of the funds made available pursuant to
                                               grams to assist eligible businesses;                    Law 116–260), section 5002 of this title, and          subsection (a)(1), the Administrator shall re-
                                                 (B) improve the website of the Administra-            section 5003 of this title; and                        serve 2 percent for administrative costs nec-
                                               tion to describe such community navigator                 (2) $460,000,000 to carry out the disaster           essary to carry out activities funded pursu-
                                               services and other Federal programs; and                loan program authorized by section 7(b) of             ant to such subsection.
                                                 (C) implement an education campaign by                the Small Business Act (15 U.S.C. 636(b)), of            (2) Of the funds made available pursuant to
                                               advertising in media targeted to current or             which $70,000,000 shall be for the cost of di-         subsection (a)(2), the Administrator shall re-
                                               prospective owners of eligible businesses.              rect loans authorized by such section and              serve 5 percent for activities funded pursuant
                                                 (4)   APPROPRIATIONS.—In      addition    to          $390,000,000 shall be for administrative ex-           to such subsection other than grants.
                                               amounts otherwise available, there is appro-            penses to carry out such program.                      SEC. 6003. UNITED STATES FISH AND WILDLIFE
                                               priated to the Administrator for fiscal year              (b) INSPECTOR GENERAL.—In addition to                            SERVICE.
                                               2021, out of any money in the Treasury not              amounts otherwise available, there is appro-             (a) INSPECTION, INTERDICTION, AND RE-
                                               otherwise appropriated, $75,000,000, to remain          priated to the Inspector General of the Small          SEARCH RELATED TO CERTAIN SPECIES AND
                                               available until September 30, 2022, for car-            Business Administration for fiscal year 2021,          COVID–19.—In addition to amounts other-
                                               rying out this subsection.                              out of any money in the Treasury not other-            wise made available, there is appropriated
                                                 (d) SUNSET.—The authority of the Adminis-             wise appropriated, $25,000,000, to remain              for fiscal year 2021, out of any money in the
                                               trator to make grants under this section                available until expended, for necessary ex-            Treasury       not     otherwise   appropriated,
                                               shall terminate on December 31, 2025.                   penses of the Office of Inspector General.             $95,000,000 to remain available until ex-
                                               SEC. 5005. SHUTTERED VENUE OPERATORS.                                                                          pended, to carry out the provisions of the
                                                                                                       TITLE VI—COMMITTEE ON ENVIRONMENT                      Fish and Wildlife Act of 1956 (16 U.S.C. 742a
                                                 (a) IN GENERAL.—In addition to amounts                         AND PUBLIC WORKS                              et seq.) and the Fish and Wildlife Coordina-
                                               otherwise available, there is appropriated for
                                                                                                       SEC. 6001. ECONOMIC ADJUSTMENT ASSISTANCE.             tion Act (16 U.S.C. 661 et seq.) through direct
                                               fiscal year 2021, out of any money in the
                                                                                                         (a) ECONOMIC DEVELOPMENT ADMINISTRA-                 expenditure, contracts, and grants, of
                                               Treasury       not   otherwise     appropriated,                                                               which—
                                               $1,250,000,000, to remain available until ex-           TION     APPROPRIATION.—In       addition    to
                                                                                                       amounts otherwise available, there is appro-              (1) $20,000,000 shall be for wildlife inspec-
                                               pended, to carry out section 324 of the Eco-                                                                   tions, interdictions, investigations, and re-
                                               nomic Aid to Hard-Hit Small Businesses,                 priated for fiscal year 2021, out of any money
                                                                                                       in the Treasury not otherwise appropriated,            lated activities, and for efforts to address
                                               Nonprofits, and Venues Act (title III of divi-                                                                 wildlife trafficking;
                                               sion N of Public Law 116–260), of which                 $3,000,000,000, to remain available until Sep-
                                                                                                       tember 30, 2022, to the Department of Com-                (2) $30,000,000 shall be for the care of cap-
                                               $500,000 shall be used to provide technical as-                                                                tive species listed under the Endangered Spe-
                                               sistance to help applicants access the Sys-             merce for economic adjustment assistance as
                                                                                                       authorized by sections 209 and 703 of the Pub-         cies Act of 1973, for the care of rescued and
                                               tem for Award Management (or any suc-                                                                          confiscated wildlife, and for the care of Fed-
                                               cessor thereto) or to assist applicants with            lic Works and Economic Development Act of
                                                                                                       1965 (42 U.S.C. 3149 and 3233) to prevent, pre-        eral trust species in facilities experiencing
                                               an alternative grant application system.                                                                       lost revenues due to COVID–19; and
                                                 (b) REDUCTION OF SHUTTERED VENUES AS-                 pare for, and respond to coronavirus and for
                                                                                                       necessary expenses for responding to eco-                 (3) $45,000,000 shall be for research and ex-
                                               SISTANCE FOR NEW PPP RECIPIENTS.—Section
                                                                                                       nomic injury as a result of coronavirus.               tension activities to strengthen early detec-
                                               324 of the Economic Aid to Hard-Hit Small
                                                                                                                                                              tion, rapid response, and science-based man-
                                               Businesses, Nonprofits, and Venues Act (title             (b) Of the funds provided by this section,
                                                                                                                                                              agement to address wildlife disease out-
                                               III of division N of Public Law 116–260), is            up to 2 percent shall be used for Federal
                                                                                                                                                              breaks before they become pandemics and
                                               amended—                                                costs to administer such assistance utilizing
                                                                                                                                                              strengthen capacity for wildlife health moni-
                                                 (1) in subsection (a)(1)(A)(vi)—                      temporary Federal personnel as may be nec-
                                                                                                                                                              toring to enhance early detection of diseases
                                                 (A) by striking subclause (III);                      essary consistent with the requirements ap-
                                                                                                                                                              that have capacity to jump the species bar-
                                                 (B) by redesignating subclause (IV) as sub-           plicable to such administrative funding in
                                                                                                                                                              rier and pose a risk in the United States, in-
                                               clause (III); and                                       fiscal year 2020 to prevent, prepare for, and
                                                                                                                                                              cluding the development of a national wild-
                                                 (C) in subclause (III), as so redesignated, by        respond to coronavirus and which shall re-
                                                                                                                                                              life disease database.
                                               striking ‘‘subclauses (I), (II), and (III)’’ and        main available until September 30, 2027.                  (b) LACEY ACT PROVISIONS.—In addition to
                                               inserting ‘‘subclauses (I) and (II)’’; and                (c) Of the funds provided by this section, 25        amounts otherwise made available, there is
                                                 (2) in subsection (c)(1)—                             percent shall be for assistance to States and          appropriated for fiscal year 2021, out of any
                                                 (A) in subparagraph (A), in the matter pre-           communities that have suffered economic in-            money in the Treasury not otherwise appro-
                                               ceding clause (i), by striking ‘‘A grant’’ and          jury as a result of job and gross domestic             priated, $10,000,000, to remain available until
                                               inserting ‘‘Subject to subparagraphs (B) and            product losses in the travel, tourism, or out-         expended, to carry out the provisions of sec-
                                               (C), a grant’’; and                                     door recreation sectors.                               tion 42(a) of title 18, United States Code, and
                                                 (B) by adding at the end the following:               SEC. 6002. FUNDING FOR POLLUTION AND DIS-              the Lacey Act Amendments of 1981 (16 U.S.C.
                                                 ‘‘(C) REDUCTION FOR RECIPIENTS OF NEW PPP                         PARATE IMPACTS OF THE COVID–19             3371–3378) to identify and designate wildlife
                                               LOANS.—                                                             PANDEMIC.                                  species, or larger taxonomic groups of spe-
                                                 ‘‘(i) IN GENERAL.—The otherwise applicable              (a) IN GENERAL.—In addition to amounts               cies, as injurious under such provisions if
                                               amount of a grant under subsection (b)(2) to            otherwise available, there is appropriated to          they transmit a pathogen that could poten-
                                               an eligible person or entity shall be reduced           the Environmental Protection Agency for                tially pose a risk to human health and de-
                                               by the total amount of loans guaranteed                 fiscal year 2021, out of any money in the              velop regulations to develop a process to
                                               under paragraph (36) or (37) of section 7(a) of         Treasury      not   otherwise    appropriated,         make emergency listings for injurious spe-
                                               the Small Business Act (15 U.S.C. 636(a)) that          $100,000,000, to remain available until ex-            cies.
                                               are received on or after December 27, 2020 by           pended, to address health outcome dispari-               TITLE VII—COMMITTEE ON COMMERCE,
                                               the eligible person or entity.                          ties from pollution and the COVID–19 pan-                     SCIENCE, AND TRANSPORTATION
                                                 ‘‘(ii) APPLICATION TO GOVERNMENTAL ENTI-              demic, of which—                                                Subtitle A—Transportation and
                                               TIES.—For purposes of applying clause (i) to              (1) $50,000,000, shall be for grants, con-                              Infrastructure
                                               an eligible person or entity owned by a State           tracts, and other agency activities that iden-         SEC. 7101. GRANTS TO THE NATIONAL RAILROAD
                                               or a political subdivision of a State, the rel-         tify and address disproportionate environ-                         PASSENGER CORPORATION.
                                               evant entity—                                           mental or public health harms and risks in               (a) NORTHEAST CORRIDOR APPROPRIATION.—
                                                 ‘‘(I) shall be the eligible person or entity;         minority populations or low-income popu-               In addition to amounts otherwise available,
                                               and                                                     lations under—




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                                                                                                                                                              there is appropriated for fiscal year 2021, out
                                                 ‘‘(II) shall not include entities of the State          (A) section 103(b) of the Clean Air Act (42          of any money in the Treasury not otherwise
                                               or political subdivision other than the eligi-          U.S.C. 7403(b));                                       appropriated, $970,388,160, to remain avail-
                                               ble person or entity.’’.                                  (B) section 1442 of the Safe Drinking Water          able until September 30, 2024, for grants as
                                               SEC. 5006. DIRECT APPROPRIATIONS.                       Act (42 U.S.C. 300j–1);                                authorized under section 11101(a) of the
                                                 (a) IN GENERAL.—In addition to amounts                  (C) section 104(k)(7)(A) of the Comprehen-           FAST Act (Public Law 114–94) to prevent,
                                               otherwise available, there is appropriated to           sive Environmental Response, Compensa-                 prepare for, and respond to coronavirus.
                                               the Administrator for fiscal year 2021, out of          tion, and Liability Act of 1980 (42 U.S.C.               (b) NATIONAL NETWORK APPROPRIATION.—In
                                               any money in the Treasury not otherwise ap-             9604(k)(7)(A)); and                                    addition to amounts otherwise available,




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                                               March 4, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                     S1077
                                               there is appropriated for fiscal year 2021, out         the Department of Transportation and loans             services, combating the spread of pathogens
                                               of any money in the Treasury not otherwise              that would otherwise have been paid from               at the airport, and debt service payments.
                                               appropriated, $729,611,840, to remain avail-            National Railroad Passenger Corporation                  (B) DISTRIBUTION.—Amounts made avail-
                                               able until September 30, 2024, for grants as            revenues.                                              able under this paragraph shall be appor-
                                               authorized under section 11101(b) of the                  (g) PROJECT MANAGEMENT OVERSIGHT.—Not                tioned to each non-primary airport based on
                                               FAST Act (Public Law 114–94) to prevent,                more than $2,000,000 of the aggregate                  the categories published in the most current
                                               prepare for, and respond to coronavirus.                amounts made available under subsections               National Plan of Integrated Airport Sys-
                                                 (c) LONG-DISTANCE SERVICE RESTORATION                 (a) and (b) shall be for activities authorized         tems, reflecting the percentage of the aggre-
                                               AND EMPLOYEE RECALLS.—Not less than                     under section 11101(c) of the FAST Act (Pub-           gate published eligible development costs for
                                               $165,926,000 of the aggregate amounts made              lic Law 114–94).                                       each such category, and then dividing the al-
                                               available under subsections (a) and (b) shall                                                                  located funds evenly among the eligible air-
                                                                                                       SEC. 7102. RELIEF FOR AIRPORTS.
                                               be for use by the National Railroad Pas-                                                                       ports in each category, rounding up to the
                                               senger Corporation to—                                    (a) IN GENERAL.—
                                                                                                         (1) IN GENERAL.—In addition to amounts               nearest thousand dollars.
                                                 (1) restore, not later than 90 days after the                                                                  (C) REMAINING AMOUNTS.—Any amount re-
                                               date of enactment of this Act, the frequency            otherwise available, there is appropriated for
                                                                                                       fiscal year 2021, out of any funds in the              maining under this paragraph shall be dis-
                                               of rail service on long-distance routes (as de-                                                                tributed as described in paragraph (1)(C).
                                               fined in section 24102 of title 49, United              Treasury       not    otherwise     appropriated,
                                                                                                                                                                (4) AIRPORT CONCESSIONS.—
                                               States Code) that the National Railroad Pas-            $8,000,000,000, to remain available until Sep-
                                                                                                                                                                (A) IN GENERAL.—Not more than $800,000,000
                                               senger Corporation reduced the frequency of             tember 30, 2024, for assistance to sponsors of
                                                                                                                                                              shall be made available for sponsors of pri-
                                               on or after July 1, 2020, and continue to oper-         airports, as such terms are defined in section
                                                                                                                                                              mary airports to provide relief from rent and
                                               ate such service at such frequency; and                 47102 of title 49, United States Code, to be
                                                                                                                                                              minimum annual guarantees to airport con-
                                                 (2) recall and manage employees fur-                  made available to prevent, prepare for, and
                                                                                                                                                              cessions, of which at least $640,000,000 shall
                                               loughed on or after October 1, 2020, as a re-           respond to coronavirus.
                                                                                                                                                              be available to provide relief to eligible
                                               sult of efforts to prevent, prepare for, and re-          (2) REQUIREMENTS AND LIMITATIONS.—
                                                                                                                                                              small airport concessions and of which at
                                               spond to coronavirus.                                   Amounts made available under this section—
                                                                                                                                                              least $160,000,000 shall be available to provide
                                                 (d) USE OF FUNDS IN LIEU OF CAPITAL PAY-                (A) may not be used for any purpose not di-
                                                                                                                                                              relief to eligible large airport concessions lo-
                                               MENTS.—Not less than $109,805,000 of the ag-            rectly related to the airport; and                     cated at primary airports.
                                               gregate amounts made available under sub-                 (B) may not be provided to any airport                 (B) DISTRIBUTION.—The amounts made
                                               sections (a) and (b)—                                   that was allocated in excess of 4 years of op-         available for each set-aside in this paragraph
                                                 (1) shall be for use by the National Rail-            erating funds to prevent, prepare for, and re-         shall be distributed to the sponsor of each
                                               road Passenger Corporation in lieu of capital           spond to coronavirus in fiscal year 2020.              primary airport (as such term is defined in
                                               payments from States and commuter rail                    (b) ALLOCATIONS.—The following terms                 section 47102 of title 49, United States Code)
                                               passenger transportation providers that are             shall apply to the amounts made available              based on each such primary airport’s pas-
                                               subject to the cost allocation policy under             under this section:                                    senger enplanements compared to the total
                                               section 24905(c) of title 49, United States               (1) OPERATING EXPENSES AND DEBT SERVICE              passenger enplanements of all such primary
                                               Code; and                                               PAYMENTS.—                                             airports in calendar year 2019.
                                                 (2) notwithstanding sections 24319(g) and               (A)     IN     GENERAL.—Not       more      than       (C) CONDITIONS.—As a condition of approv-
                                               24905(c)(1)(A)(i) of title 49, United States            $6,492,000,000 shall be made available for pri-        ing a grant under this paragraph—
                                               Code, such amounts do not constitute cross-             mary airports, as such term is defined in sec-           (i) the sponsor shall provide such relief
                                               subsidization of commuter rail passenger                tion 47102 of title 49, United States Code, and        from the date of enactment of this Act until
                                               transportation.                                         certain cargo airports, for costs related to           the sponsor has provided relief equaling the
                                                 (e) USE OF FUNDS FOR STATE PAYMENTS FOR               operations, personnel, cleaning, sanitization,         total grant amount, to the extent prac-
                                               STATE-SUPPORTED ROUTES.—                                janitorial services, combating the spread of           ticable and to the extent permissible under
                                                 (1) IN GENERAL.—Of the amounts made                   pathogens at the airport, and debt service             State laws, local laws, and applicable trust
                                               available under subsection (b), $174,850,000            payments.                                              indentures; and
                                               shall be for use by the National Railroad                 (B) DISTRIBUTION.— Amounts made avail-                 (ii) for each set-aside, the sponsor shall
                                               Passenger Corporation to offset amounts re-             able under this paragraph—                             provide relief from rent and minimum an-
                                               quired to be paid by States for covered                   (i) shall not be subject to the reduced ap-          nual guarantee obligations to each eligible
                                               State-supported routes.                                 portionments under section 47114(f) of title           airport concession in an amount that re-
                                                 (2) FUNDING SHARE.—The share of funding               49, United States Code;                                flects each eligible airport concession’s pro-
                                               provided under paragraph (1) with respect to              (ii) shall first be apportioned as set forth in      portional share of the total amount of the
                                               a covered State-supported route shall be dis-           sections       47114(c)(1)(A),    47114(c)(1)(C)(i),   rent and minimum annual guarantees of
                                               tributed as follows:                                    47114(c)(1)(C)(ii), 47114(c)(2)(A), 47114(c)(2)(B),    those eligible airport concessions at such
                                                 (A) Each covered State-supported route                and 47114(c)(2)(E) of title 49, United States          airport.
                                               shall receive 7 percent of the costs allocated          Code; and                                                (c) ADMINISTRATION.—
                                               to the route in fiscal year 2019 under the cost           (iii) shall not be subject to a maximum ap-            (1) ADMINISTRATIVE EXPENSES.—The Ad-
                                               allocation methodology adopted pursuant to              portionment limit set forth in section                 ministrator of the Federal Aviation Admin-
                                               section 209 of the Passenger Rail Investment            47114(c)(1)(B) of title 49, United States Code.        istration may retain up to 0.1 percent of the
                                               and Improvement Act of 2008 (Public Law                   (C) REMAINING AMOUNTS.—Any amount re-                funds provided under this section to fund the
                                               110–432).                                               maining after distribution under subpara-              award of, and oversight by the Adminis-
                                                 (B) Any remaining amounts after the dis-              graph (B) shall be distributed to the sponsor          trator of, grants made under this section.
                                               tribution described in subparagraph (A) shall           of each primary airport (as such term is de-             (2) WORKFORCE RETENTION REQUIREMENTS.—
                                               be apportioned to each covered State-sup-               fined in section 47102 of title 49, United               (A) REQUIRED RETENTION.—As a condition
                                               ported route in proportion to the passenger             States Code) based on each such primary air-           for receiving funds provided under this sec-
                                               revenue of such route and other revenue allo-           port’s passenger enplanements compared to              tion, an airport shall continue to employ,
                                               cated to such route in fiscal year 2019 divided         the total passenger enplanements of all such           through September 30, 2021, at least 90 per-
                                               by the total passenger revenue and other                primary airports in calendar year 2019.                cent of the number of individuals employed
                                               revenue allocated to all covered State-sup-               (2) FEDERAL SHARE FOR DEVELOPMENT                    (after making adjustments for retirements
                                               ported routes in fiscal year 2019.                      PROJECTS.—                                             or voluntary employee separations) by the
                                                 (3) COVERED STATE-SUPPORTED ROUTE DE-                   (A) IN GENERAL.—Not more than $608,000,000           airport as of March 27, 2020.
                                               FINED.—In this subsection, the term ‘‘cov-              allocated under subsection (a)(1) shall be               (B) WAIVER OF RETENTION REQUIREMENT.—
                                               ered State-supported route’’ means a State-             available to pay a Federal share of 100 per-           The Secretary shall waive the workforce re-
                                               supported route, as such term is defined in             cent of the costs for any grant awarded in             tention requirement if the Secretary deter-
                                               section 24102 of title 49, United States Code,          fiscal year 2021, or in fiscal year 2020 with          mines that—
                                               but does not include a State-supported route            less than a 100-percent Federal share, for an            (i) the airport is experiencing economic
                                               for which service was terminated on or be-              airport development project (as such term is           hardship as a direct result of the require-
                                               fore February 1, 2020.                                  defined in section 47102 of title 49).                 ment; or
                                                 (f) USE OF FUNDS FOR DEBT REPAYMENT OR                  (B) REMAINING AMOUNTS.—Any amount re-                  (ii) the requirement reduces aviation safe-
                                               PREPAYMENT.—Not more than $100,885,000 of               maining under this paragraph shall be dis-             ty or security.
                                               the aggregate amounts made available under              tributed as described in paragraph (1)(C).               (C) EXCEPTION.—The workforce retention




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                                               subsections (a) and (b) shall be—                         (3) NONPRIMARY AIRPORTS.—                            requirement shall not apply to nonhub air-
                                                 (1) for the repayment or prepayment of                  (A) IN GENERAL.—Not more than $100,000,000           ports or nonprimary airports receiving funds
                                               debt incurred by the National Railroad Pas-             shall be made available for general aviation           under this section.
                                               senger Corporation under financing arrange-             and commercial service airports that are not             (D) NONCOMPLIANCE.—Any financial assist-
                                               ments entered into prior to the date of en-             primary airports (as such terms are defined            ance provided under this section to an air-
                                               actment of this Act; and                                in section 47102 of title 49, United States            port that fails to comply with the workforce
                                                 (2) to pay required reserves, costs, and fees         Code) for costs related to operations, per-            retention requirement described in subpara-
                                               related to such debt, including for loans from          sonnel, cleaning, sanitization, janitorial             graph (A), and does not otherwise qualify for




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                                               S1078                                             CONGRESSIONAL RECORD — SENATE                                                           March 4, 2021
                                               a waiver or exception under this paragraph,             ployee, and in the case of a part-time em-             tion during the period beginning on the date
                                               shall be subject to clawback by the Sec-                ployee, employee on an uncommon tour of                of enactment of this section and ending on
                                               retary.                                                 duty, or employee with a seasonal work                 September 30, 2021.
                                                 (d) DEFINITIONS.—In this section:                     schedule, in an amount not to exceed the                 (2) TOTAL HOURS; AMOUNT.—Paid leave
                                                 (1) ELIGIBLE LARGE AIRPORT CONCESSION.—               proportional equivalent of 600 hours to the            under this section—
                                               The term ‘‘eligible large airport concession’’          extent amounts in the Fund remain avail-                 (A) shall be provided to an employee of the
                                               means a concession (as defined in section 23.3          able for reimbursement;                                Administration in an amount not to exceed
                                               of title 49, Code of Federal Regulations), that           (B) shall be paid at the same hourly rate as         600 hours of paid leave for each full-time em-
                                               is in-terminal and has maximum gross re-                other leave payments; and                              ployee, and in the case of a part-time em-
                                               ceipts, averaged over the previous three fis-             (C) may not be provided to an employee if            ployee, employee on an uncommon tour of
                                               cal years, of more than $56,420,000.                    the leave would result in payments greater             duty, or employee with a seasonal work
                                                 (2) ELIGIBLE SMALL AIRPORT CONCESSION.—               than $2,800 in aggregate for any biweekly pay          schedule, in an amount not to exceed the
                                               The term ‘‘eligible small airport concession’’          period for a full-time employee, or a propor-          proportional equivalent of 600 hours to the
                                               means a concession (as defined in section 23.3          tionally equivalent biweekly limit for a               extent amounts in the Fund remain avail-
                                               of title 49, Code of Federal Regulations), that         part-time employee.                                    able for reimbursement;
                                               is in-terminal and—                                       (3) RELATIONSHIP TO OTHER LEAVE.—Paid                  (B) shall be paid at the same hourly rate as
                                                 (A) a small business with maximum gross               leave under this section—                              other leave payments; and
                                               receipts, averaged over the previous 3 fiscal             (A) is in addition to any other leave pro-             (C) may not be provided to an employee if
                                               years, of less than $56,420,000; or                     vided to an employee of the Administration;            the leave would result in payments greater
                                                 (B) is a joint venture (as defined in section         and                                                    than $2,800 in aggregate for any biweekly pay
                                               23.3 of title 49, Code of Federal Regulations).           (B) may not be used by an employee of the            period for a full-time employee, or a propor-
                                               SEC. 7103. EMERGENCY FAA EMPLOYEE LEAVE                 Administration concurrently with any other             tionally equivalent biweekly limit for a
                                                           FUND.                                       paid leave.                                            part-time employee.
                                                 (a) ESTABLISHMENT; APPROPRIATION.—There                 (4) CALCULATION OF RETIREMENT BENEFIT.—                (3) RELATIONSHIP TO OTHER LEAVE.—Paid
                                               is established in the Federal Aviation Ad-              Any paid leave provided to an employee of              leave under this section—
                                               ministration the Emergency FAA Employee                 the Administration under this section shall              (A) is in addition to any other leave pro-
                                               Leave Fund (in this section referred to as the          reduce the total service used to calculate             vided to an employee of the Administration;
                                               ‘‘Fund’’), to be administered by the Adminis-           any Federal civilian retirement benefit.               and
                                               trator of the Federal Aviation Administra-              SEC. 7104. EMERGENCY TSA EMPLOYEE LEAVE                  (B) may not be used by an employee of the
                                               tion, for the purposes set forth in subsection                      FUND.                                      Administration concurrently with any other
                                               (b). In addition to amounts otherwise avail-              (a) ESTABLISHMENT; APPROPRIATION.—There              paid leave.
                                               able, there is appropriated for fiscal year             is established in the Transportation Security            (4) CALCULATION OF RETIREMENT BENEFIT.—
                                               2021, out of any money in the Treasury not              Administration (in this section referred to as         Any paid leave provided to an employee of
                                               otherwise appropriated, $9,000,000, which               the ‘‘Administration’’) the Emergency TSA              the Administration under this section shall
                                               shall be deposited into the Fund and remain             Employee Leave Fund (in this section re-               reduce the total service used to calculate
                                               available through September 30, 2022.                   ferred to as the ‘‘Fund’’), to be administered
                                                 (b) PURPOSE.—Amounts in the Fund shall                                                                       any Federal civilian retirement benefit.
                                                                                                       by the Administrator of the Administration,
                                               be available to the Administrator for the use           for the purposes set forth in subsection (b).            Subtitle B—Aviation Manufacturing Jobs
                                               of paid leave under this section by any em-             In addition to amounts otherwise available,                            Protection
                                               ployee of the Administration who is unable              there is appropriated for fiscal year 2021, out        SEC. 7201. DEFINITIONS.
                                               to work because the employee—                           of any money in the Treasury not otherwise
                                                 (1) is subject to a Federal, State, or local          appropriated, $13,000,000, which shall be de-             In this subtitle:
                                               quarantine or isolation order related to                posited into the Fund and remain available                (1) ELIGIBLE EMPLOYEE GROUP.—The term
                                               COVID–19;                                               through September 30, 2022.                            ‘‘eligible employee group’’ means the portion
                                                 (2) has been advised by a health care pro-              (b) PURPOSE.—Amounts in the Fund shall               of an employer’s United States workforce
                                               vider to self-quarantine due to concerns re-            be available to the Administration for the             that—
                                               lated to COVID–19;                                      use of paid leave under this section by any               (A) does not exceed 25 percent of the em-
                                                 (3) is caring for an individual who is sub-           employee of the Administration who is un-              ployer’s total United States workforce as of
                                               ject to such an order or has been so advised;           able to work because the employee—                     April 1, 2020; and
                                                 (4) is experiencing symptoms of COVID–19                (1) is subject to a Federal, State, or local            (B) contains only employees with a total
                                               and seeking a medical diagnosis;                        quarantine or isolation order related to               compensation level of $200,000 or less per
                                                 (5) is caring for a son or daughter of such           COVID–19;                                              year; and
                                               employee if the school or place of care of the            (2) has been advised by a health care pro-              (C) is engaged in aviation manufacturing
                                               son or daughter has been closed, if the school          vider to self-quarantine due to concerns re-           activities and services, or maintenance, re-
                                               of such son or daughter requires or makes               lated to COVID–19;                                     pair, and overhaul activities and services.
                                               optional a virtual learning instruction model             (3) is caring for an individual who is sub-             (2) AVIATION MANUFACTURING COMPANY.—
                                               or requires or makes optional a hybrid of in-           ject to such an order or has been so advised;          The term ‘‘aviation manufacturing com-
                                               person and virtual learning instruction mod-              (4) is experiencing symptoms of COVID–19             pany’’ means a corporation, firm, or other
                                               els, or the child care provider of such son or          and seeking a medical diagnosis;                       business entity—
                                               daughter is unavailable, due to COVID–19                  (5) is caring for a son or daughter of such             (A) that—
                                               precautions;                                            employee if the school or place of care of the            (i) actively manufactures an aircraft, air-
                                                 (6) is experiencing any other substantially           son or daughter has been closed, if the school         craft engine, propeller, or a component, part,
                                               similar condition;                                      of such son or daughter requires or makes              or systems of an aircraft or aircraft engine
                                                 (7) is caring for a family member with a              optional a virtual learning instruction model          under a Federal Aviation Administration
                                               mental or physical disability or who is 55              or requires or makes optional a hybrid of in-          production approval;
                                               years of age or older and incapable of self-            person and virtual learning instruction mod-              (ii) holds a certificate issued under part 145
                                               care, without regard to whether another in-             els, or the child care provider of such son or         of title 14, Code of Federal Regulations, for
                                               dividual other than the employee is avail-              daughter is unavailable, due to COVID–19               maintenance, repair, and overhaul of air-
                                               able to care for such family member, if the             precautions;                                           craft, aircraft engines, components, or pro-
                                               place of care for such family member is                   (6) is experiencing any other substantially          pellers; or
                                               closed or the direct care provider is unavail-          similar condition;                                        (iii) operates a process certified to SAE
                                               able due to COVID–19; or                                  (7) is caring for a family member with a             AS9100 related to the design, development, or
                                                 (8) is obtaining immunization related to              mental or physical disability or who is 55             provision of an aviation product or service,
                                               COVID–19 or is recovering from any injury,              years of age or older and incapable of self-           including a part, component, or assembly;
                                               disability, illness, or condition related to            care, without regard to whether another in-               (B) which—
                                               such immunization.                                      dividual other than the employee is avail-                (i) is established, created, or organized in
                                                 (c) LIMITATIONS.—                                     able to care for such family member, if the            the United States or under the laws of the
                                                 (1) PERIOD OF AVAILABILITY.—Paid leave                place of care for such family member is                United States; and
                                               under this section may only be provided to              closed or the direct care provider is unavail-            (ii) has significant operations in, and a ma-
                                               and used by an employee of the Administra-              able due to COVID–19; or                               jority of its employees engaged in aviation




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                                               tion during the period beginning on the date              (8) is obtaining immunization related to             manufacturing activities and services, or
                                               of enactment of this section and ending on              COVID–19 or is recovering from any injury,             maintenance, repair, and overhaul activities
                                               September 30, 2021.                                     disability, illness, or condition related to           and services based in the United States;
                                                 (2) TOTAL HOURS; AMOUNT.—Paid leave                   such immunization.                                        (C) which has involuntarily furloughed or
                                               under this section—                                       (c) LIMITATIONS.—                                    laid off at least 10 percent of its workforce in
                                                 (A) shall be provided to an employee of the             (1) PERIOD OF AVAILABILITY.—Paid leave               2020 as compared to 2019 or has experienced
                                               Administration in an amount not to exceed               under this section may only be provided to             at least a 15 percent decline in 2020 revenues
                                               600 hours of paid leave for each full-time em-          and used by an employee of the Administra-             as compared to 2019;




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                                               March 4, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                     S1079
                                                 (D) that, as supported by sworn financial                (8) TOTAL COMPENSATION LEVEL.—The term              tation of persons, property, or mail, includ-
                                               statements or other appropriate data, has               ‘‘total compensation level’’ means the level           ing the loading and unloading of property on
                                               identified the eligible employee group and              of total base compensation and benefits                aircraft, assistance to passengers under part
                                               the amount of total compensation level for              being provided to an eligible employee group           382 of title 14, Code of Federal Regulations,
                                               the eligible employee group;                            employee, excluding overtime and premium               security, airport ticketing and check-in
                                                 (E) that agrees to provide private contribu-          pay, and excluding any Federal, State, or              functions, ground-handling of aircraft, or
                                               tions and maintain the total compensation               local payroll taxes paid, as of April 1, 2020.         aircraft cleaning and sanitization functions
                                               level for the eligible employee group for the           SEC. 7202. PAYROLL SUPPORT PROGRAM.                    and waste removal; or
                                               duration of an agreement under this subtitle;             (a) IN GENERAL.—The Secretary shall es-                (B) a subcontractor that performs such
                                                 (F) that agrees to provide immediate no-              tablish a payroll support program and enter            functions;
                                               tice and justification to the Secretary of in-          into agreements with employers who meet                  (3) the term ‘‘employee’’ means an indi-
                                               voluntary furloughs or layoffs exceeding 10             the eligibility criteria specified in subsection       vidual, other than a corporate officer, who is
                                               percent of the workforce that is not included           (b) and are not ineligible under subsection            employed by an air carrier or a contractor;
                                               in an eligible employee group for the dura-             (c), to provide public contributions to sup-             (4) the term ‘‘eligible air carrier’’ means an
                                               tion of an agreement and receipt of public              plement compensation of an eligible em-                air carrier that—
                                               contributions under this subtitle;                      ployee group. There is appropriated for fiscal           (A) received financial assistance pursuant
                                                 (G) that has not conducted involuntary                year 2021, out of amounts in the Treasury              section 402(a)(1) of division N of the Consoli-
                                               furloughs or reduced pay rates or benefits for          not otherwise appropriated, $3,000,000,000, to         dated Appropriations Act, 2021 (Public Law
                                               the eligible employee group, subject to the             remain available until September 30, 2023, for         116-260);
                                               employer’s right to discipline or terminate             the Secretary to carry out the payroll sup-              (B) provides air transportation as of March
                                               an employee in accordance with employer                 port program authorized under the preceding            31, 2021;
                                               policy, between the date of application and             sentence for which 1 percent of the funds                (C) has not conducted involuntary fur-
                                               the date on which such a corporation, firm,             may be used for implementation costs and               loughs or reduced pay rates or benefits be-
                                               or other business entity enters into an agree-          administrative expenses.                               tween March 31, 2021, and the date on which
                                               ment with the Secretary under this subtitle;              (b) ELIGIBILITY.—The Secretary shall enter
                                               and                                                                                                            the air carrier makes a certification to the
                                                                                                       into an agreement and provide public con-
                                                 (H) that—                                                                                                    Secretary pursuant to subparagraph (D); and
                                                                                                       tributions, for a term no longer than 6
                                                 (i) in the case of a corporation, firm, or                                                                     (D) certifies to the Secretary that such air
                                                                                                       months, solely with an employer that agrees
                                               other business entity including any parent                                                                     carrier will—
                                                                                                       to use the funds received under an agreement
                                               company or subsidiary of such a corporation,                                                                     (i) refrain from conducting involuntary
                                                                                                       exclusively for the continuation of employee
                                               firm, or other business entity, that holds any          wages, salaries, and benefits, to maintain the         furloughs or reducing pay rates or benefits
                                               type or production certificate or similar au-           total compensation level for the eligible em-          until September 30, 2021, or the date on
                                               thorization issued under section 44704 of title         ployee group as of April 1, 2020 for the dura-         which assistance provided under this section
                                               49, United States Code, with respect to a               tion of the agreement, and to facilitate the           is exhausted, whichever is later;
                                               transport-category airplane covered under               retention, rehire, or recall of employees of             (ii) refrain from purchasing an equity secu-
                                               part 25 of title 14, Code of Federal Regula-            the employer, except that such funds may               rity of the air carrier or the parent company
                                               tions, certificated with a passenger seating            not be used for back pay of returning rehired          of the air carrier that is listed on a national
                                               capacity of 50 or more, agrees to refrain from          or recalled employees.                                 securities exchange through September 30,
                                               conducting involuntary layoffs or furloughs,              (c) INELIGIBILITY.—The Secretary may not             2022;
                                               or reducing pay rates and benefits, for the el-         enter into any agreement under this section              (iii) refrain from paying dividends, or mak-
                                               igible employee group, subject to the em-               with an employer who was allowed a credit              ing other capital distributions, with respect
                                               ployer’s right to discipline or terminate an            under section 2301 of the CARES Act (26                to common stock (or equivalent interest) of
                                               employee in accordance with employer pol-               U.S.C. 3111 note) for the immediately pre-             such air carrier through September 30, 2022;
                                               icy from the date of agreement until Sep-               ceding calendar quarter ending before such               (iv) during the 2-year period beginning
                                               tember 30, 2021, or the duration of the agree-          agreement is entered into, who received fi-            April 1, 2021, and ending April 1, 2023, refrain
                                               ment and receipt of public contributions                nancial assistance under section 4113 of the           from paying—
                                               under this subtitle, whichever period ends              CARES Act (15 U.S.C. 9073), or who is cur-               (I) any officer or employee of the air car-
                                               later; or                                               rently expending financial assistance under            rier whose total compensation exceeded
                                                 (ii) in the case of corporation, firm, or             the paycheck protection program established            $425,000 in calendar year 2019 (other than an
                                               other business entity not specified under               under section 7(a)(36) of the Small Business           employee whose compensation is determined
                                               subparagraph (i), agrees to refrain from con-           Act (15 U.S.C. 636(a)(36)), as of the date the         through an existing collective bargaining
                                               ducting involuntary layoffs or furloughs, or            employer submits an application under the              agreement entered into prior to the date of
                                               reducing pay rates and benefits, for the eligi-         payroll support program established under              enactment of this Act)—
                                               ble employee group, subject to the employ-              subsection (a).                                          (aa) total compensation that exceeds, dur-
                                               er’s right to discipline or terminate an em-              (d) REDUCTIONS.—To address any shortfall             ing any 12 consecutive months of such 2-year
                                               ployee in accordance with employer policy               in assistance that would otherwise be pro-             period, the total compensation received by
                                               for the duration of the agreement and re-               vided under this subtitle, the Secretary shall         the officer or employee from the air carrier
                                               ceipt of public contributions under this sub-           reduce, on a pro rata basis, the financial as-         in calendar year 2019; or
                                               title.                                                  sistance provided under this subtitle.                   (bb) severance pay or other benefits upon
                                                 (3) EMPLOYEE.—The term ‘‘employee’’ has                 (e) AGREEMENT DEADLINE.—No agreement                 termination of employment with the air car-
                                               the meaning given that term in section 3 of             may be entered into by the Secretary under             rier which exceeds twice the maximum total
                                               the Fair Labor Standards Act of 1938 (29                the payroll support program established                compensation received by the officer or em-
                                               U.S.C. 203).                                            under subsection (a) after the last day of the         ployee from the air carrier in calendar year
                                                 (4) EMPLOYER.—The term ‘‘employer’’                   6 month period that begins on the effective            2019; and
                                               means an aviation manufacturing company                 date of the first agreement entered into                 (II) any officer or employee of the air car-
                                               that is an employer (as defined in section 3            under such program.                                    rier whose total compensation exceeded
                                               of the Fair Labor Standards Act of 1938 (29                           Subtitle C—Airlines                      $3,000,000 in calendar year 2019 during any 12
                                               U.S.C. 203)).                                           SEC. 7301. AIR TRANSPORTATION PAYROLL SUP-             consecutive months of such period total
                                                 (5) PRIVATE CONTRIBUTION.—The term ‘‘pri-                         PORT PROGRAM EXTENSION.                    compensation in excess of the sum of—
                                               vate contribution’’ means the contribution                (a) DEFINITIONS.—The definitions in section            (aa) $3,000,000; and
                                               funded by the employer under this subtitle              40102(a) of title 49, United States Code, shall          (bb) 50 percent of the excess over $3,000,000
                                               to maintain 50 percent of the eligible em-              apply with respect to terms used in this sec-          of the total compensation received by the of-
                                               ployee group’s total compensation level, and            tion, except that—                                     ficer or employee from the air carrier in cal-
                                               combined with the public contribution, is                 (1) the term ‘‘catering functions’’ means            endar year 2019.
                                               sufficient to maintain the total compensa-              preparation, assembly, or both, of food, bev-            (5) the term ‘‘eligible contractor’’ means a
                                               tion level for the eligible employee group as           erages, provisions and related supplies for            contractor that—
                                               of April 1, 2020.                                       delivery, and the delivery of such items, di-            (A) received financial assistance pursuant
                                                 (6) PUBLIC CONTRIBUTION.—The term ‘‘pub-              rectly to aircraft or to a location on or near         to section 402(a)(2) of division N of the Con-
                                               lic contribution’’ means the contribution               airport property for subsequent delivery to            solidated Appropriations Act, 2021 (Public
                                               funded by the Federal Government under                  aircraft;                                              Law 116-260);




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                                               this subtitle to provide 50 percent of the eli-           (2) the term ‘‘contractor’’ means—                     (B) performs one or more of the functions
                                               gible employees group’s total compensation                (A) a person that performs, under contract           described under paragraph (2) as of March 31,
                                               level, and combined with the private con-               with a passenger air carrier conducting oper-          2021;
                                               tribution, is sufficient to maintain the total          ations under part 121 of title 14, Code of Fed-          (C) has not conducted involuntary fur-
                                               compensation level for those in the eligible            eral Regulations—                                      loughs or reduced pay rates or benefits be-
                                               employee group as of April 1, 2020.                       (i) catering functions; or                           tween March 31, 2021, and the date on which
                                                 (7) SECRETARY.—The term ‘‘Secretary’’                   (ii) functions on the property of an airport         the contractor makes a certification to the
                                               means the Secretary of Transportation.                  that are directly related to the air transpor-         Secretary pursuant to subparagraph (D); and




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                                               S1080                                             CONGRESSIONAL RECORD — SENATE                                                          March 4, 2021
                                                 (D) certifies to the Secretary that such              Consolidated Appropriations Act, 2021 (Pub.            lation, standard, or ban under any other Act
                                               contractor will—                                        L. No. 116-260).                                       enforced by the Commission;
                                                 (i) refrain from conducting involuntary                 (B) PROCEDURES.—The Secretary shall pub-               (3) the term ‘‘COVID–19 emergency period’’
                                               furloughs or reducing pay rates or benefits             lish streamlined and expedited procedures              means the period during which a public
                                               until September 30, 2021, or the date on                not later than 5 days after the date of enact-         health emergency declared pursuant to sec-
                                               which assistance provided under this section            ment of this section for eligible air carriers         tion 319 of the Public Health Service Act (42
                                               is exhausted, whichever is later;                       and eligible contractors to submit requests            U.S.C. 247d) with respect to the 2019 novel
                                                 (ii) refrain from purchasing an equity secu-          for financial assistance under this section.           coronavirus (COVID–19), including under any
                                               rity of the contractor or the parent company              (C) DEADLINE FOR IMMEDIATE PAYROLL AS-               renewal of such declaration, is in effect; and
                                               of the contractor that is listed on a national          SISTANCE.—Not later than 10 days after the               (4) the term ‘‘COVID–19 products’’ means
                                               securities exchange through September 30,               date of enactment of this section, the Sec-            consumer products, as defined by section
                                               2022;                                                   retary shall make initial payments to air              3(a)(5) of the Consumer Product Safety Act
                                                 (iii) refrain from paying dividends, or mak-          carriers and contractors that submit re-               (15 U.S.C. 2052(a)(5)), whose risks have been
                                               ing other capital distributions, with respect           quests for financial assistance approved by            significantly affected by COVID–19 or whose
                                               to common stock (or equivalent interest) of             the Secretary.                                         sales have materially increased during the
                                               the contractor through September 30, 2022;                (4) TAXPAYER PROTECTION.—The Secretary               COVID–19 emergency period as a result of
                                                 (iv) during the 2-year period beginning               shall receive financial instruments issued by          the COVID–19 pandemic.
                                               April 1, 2021, and ending April 1, 2023, refrain        recipients of financial assistance under this          SEC. 7402. FUNDING FOR E-RATE SUPPORT FOR
                                               from paying—                                            section in the same form and amount, and                           EMERGENCY EDUCATIONAL CON-
                                                 (I) any officer or employee of the con-                                                                                  NECTIONS AND DEVICES.
                                                                                                       under the same terms and conditions, as de-
                                               tractor whose total compensation exceeded               termined by the Secretary under section 408              (a) REGULATIONS REQUIRED.—Not later
                                               $425,000 in calendar year 2019 (other than an                                                                  than 60 days after the date of the enactment
                                                                                                       of subtitle A of title IV of division N of the
                                               employee whose compensation is determined                                                                      of this Act, the Commission shall promul-
                                                                                                       Consolidated Appropriations Act, 2021 (Pub.
                                               through an existing collective bargaining                                                                      gate regulations providing for the provision,
                                                                                                       L. No. 116-260).
                                               agreement entered into prior to the date of                                                                    from amounts made available from the
                                                                                                         (5) ADMINISTRATIVE EXPENSES.—Of the
                                               enactment of this Act)—                                                                                        Emergency Connectivity Fund, of support
                                                                                                       amounts made available under paragraph                 under paragraphs (1)(B) and (2) of section
                                                 (aa) total compensation that exceeds, dur-            (1)(A), $10,000,000 shall be made available to
                                               ing any 12 consecutive months of such 2-year                                                                   254(h) of the Communications Act of 1934 (47
                                                                                                       the Secretary for costs and administrative             U.S.C. 254(h)) to an eligible school or library,
                                               period, the total compensation received by              expenses associated with providing financial
                                               the officer or employee from the contractor                                                                    for the purchase during a COVID–19 emer-
                                                                                                       assistance under this section.                         gency period of eligible equipment or ad-
                                               in calendar year 2019; or                                 (c) FUNDING.—In addition to amounts oth-
                                                 (bb) severance pay or other benefits upon                                                                    vanced telecommunications and information
                                                                                                       erwise available, there is appropriated for            services (or both), for use by—
                                               termination of employment with the con-                 fiscal year 2021, out of any money in the
                                               tractor which exceeds twice the maximum                                                                          (1) in the case of a school, students and
                                                                                                       Treasury      not    otherwise   appropriated,         staff of the school at locations that include
                                               total compensation received by the officer or           $15,000,000,000, to remain available until ex-
                                               employee from the contractor in calendar                                                                       locations other than the school; and
                                                                                                       pended, to carry out this section.
                                               year 2019; and                                                                                                   (2) in the case of a library, patrons of the
                                                                                                            Subtitle D—Consumer Protection and                library at locations that include locations
                                                 (II) any officer or employee of the con-                            Commerce Oversight
                                               tractor whose total compensation exceeded                                                                      other than the library.
                                               $3,000,000 in calendar year 2019 during any 12
                                                                                                       SEC. 7401. FUNDING FOR CONSUMER PRODUCT                  (b) SUPPORT AMOUNT.—In providing support
                                                                                                                   SAFETY FUND TO PROTECT CON-                under the covered regulations, the Commis-
                                               consecutive months of such period total                             SUMERS FROM POTENTIALLY DAN-               sion shall reimburse 100 percent of the costs
                                               compensation in excess of the sum of—                               GEROUS PRODUCTS RELATED TO                 associated with the eligible equipment, ad-
                                                 (aa) $3,000,000; and                                              COVID–19.
                                                                                                                                                              vanced telecommunications and information
                                                 (bb) 50 percent of the excess over $3,000,000           (a)   APPROPRIATION.—In   addition  to               services, or eligible equipment and advanced
                                               of the total compensation received by the of-           amounts otherwise available, there is appro-           telecommunications and information serv-
                                               ficer or employee from the contractor in cal-           priated to the Consumer Product Safety                 ices, except that any reimbursement of a
                                               endar year 2019.                                        Commission for fiscal year 2021, out of any            school or library for the costs associated
                                                 (6) the term ‘‘Secretary’’ means the Sec-             money in the Treasury not otherwise appro-             with any eligible equipment may not exceed
                                               retary of the Treasury.                                 priated, $50,000,000, to remain available until        an amount that the Commission determines,
                                                 (b) PAYROLL SUPPORT GRANTS.—                          September 30, 2026, for the purposes de-               with respect to the request by the school or
                                                 (1) IN GENERAL.—The Secretary shall make              scribed in subsection (b).                             library for the reimbursement, is reasonable.
                                               available to eligible air carriers and eligible           (b) PURPOSES.—The funds made available                 (c) EMERGENCY CONNECTIVITY FUND.—
                                               contractors, financial assistance exclusively           in subsection (a) shall only be used for pur-            (1) ESTABLISHMENT.—There is established
                                               for the continuation of payment of employee             poses of the Consumer Product Safety Com-              in the Treasury of the United States a fund
                                               wages, salaries, and benefits to—                       mission to—                                            to     be   known      as    the   ‘‘Emergency
                                                 (A) eligible air carriers, in an aggregate              (1) carry out the requirements in title XX           Connectivity Fund’’.
                                               amount of $14,000,000,000; and                          of division FF of the Consolidated Appropria-            (2)     APPROPRIATION.—In      addition     to
                                                 (B) eligible contractors, in an aggregate             tions Act, 2021 (Public Law 116–260);                  amounts otherwise available, there is appro-
                                               amount of $1,000,000,000.                                 (2) enhance targeting, surveillance, and             priated to the Emergency Connectivity Fund
                                                 (2) APPORTIONMENTS.—                                  screening of consumer products, particularly           for fiscal year 2021, out of any money in the
                                                 (A) IN GENERAL.—The Secretary shall ap-               COVID–19 products, entering the United                 Treasury not otherwise appropriated—
                                               portion funds to eligible air carriers and eli-         States at ports of entry, including ports of             (A) $7,171,000,000, to remain available until
                                               gible contractors in accordance with the re-            entry for de minimis shipments;                        September 30, 2030, for—
                                               quirements of this section not later than                 (3)   enhance     monitoring    of  internet           (i) the provision of support under the cov-
                                               April 15, 2021.                                         websites for the offering for sale of new and          ered regulations; and
                                                 (B) ELIGIBLE AIR CARRIERS.—The Secretary              used violative consumer products, particu-               (ii) the Commission to adopt, and the Com-
                                               shall apportion funds made available under              larly COVID–19 products, and coordination              mission and the Universal Service Adminis-
                                               paragraph (1)(A) to each eligible air carrier           with retail and resale websites to improve             trative Company to administer, the covered
                                               in the ratio that—                                      identification and elimination of listings of          regulations; and
                                                 (i) the amount received by the air carrier            such products;                                           (B) $1,000,000, to remain available until
                                               pursuant to section 403(a) of division N of the           (4) increase awareness and communication             September 30, 2030, for the Inspector General
                                               Consolidated Appropriations Act, 2021 (Pub-             particularly of COVID–19 product related               of the Commission to conduct oversight of
                                               lic Law 116-260) bears to                               risks and other consumer product safety in-            support provided under the covered regula-
                                                 (ii) $15,000,000,000.                                 formation; and                                         tions.
                                                 (C) ELIGIBLE CONTRACTORS.—The Secretary                 (5) improve the Commission’s data collec-              (3) LIMITATION.—Not more than 2 percent
                                               shall apportion, to each eligible contractor,           tion and analysis system especially with a             of the amount made available under para-
                                               an amount equal to the total amount such                focus on consumer product safety risks re-             graph (2)(A) may be used for the purposes de-
                                               contractor received pursuant to section                 sulting from the COVID–19 pandemic to so-              scribed in clause (ii) of such paragraph.
                                               403(a) of division N of the Consolidated Ap-            cially disadvantaged individuals and other               (4) RELATIONSHIP TO UNIVERSAL SERVICE
                                               propriations Act, 2021 (Public Law 116-260).            vulnerable populations.                                CONTRIBUTIONS.—Support provided under the




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                                                 (3) IN GENERAL.—                                        (c) DEFINITIONS.—In this section—                    covered regulations shall be provided from
                                                 (A) FORMS; TERMS AND CONDITIONS.—The                    (1) the term ‘‘Commission’’ means the Con-           amounts made available from the Emer-
                                               Secretary shall provide financial assistance            sumer Product Safety Commission;                       gency Connectivity Fund and not from con-
                                               to an eligible air carrier or eligible con-               (2) the term ‘‘violative consumer products’’         tributions under section 254(d) of the Com-
                                               tractor under this section in the same form             means consumer products in violation of an             munications Act of 1934 (47 U.S.C. 254(d)).
                                               and on the same terms and conditions as de-             applicable consumer product safety standard              (d) DEFINITIONS.—In this section:
                                               termined by pursuant to section 403(b)(1)(A)            under the Consumer Product Safety Act (15                (1) ADVANCED TELECOMMUNICATIONS AND IN-
                                               of subtitle A of title IV of division N of the          U.S.C. 2051 et seq.) or any similar rule, regu-        FORMATION SERVICES.—The term ‘‘advanced




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                                               March 4, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                      S1081
                                               telecommunications and information serv-                sumer Sentinel Network, including increased            year 2021, out of any money in the Treasury
                                               ices’’ means advanced telecommunications                complaints received regarding unfair or de-            not otherwise appropriated, $100,000,000, to
                                               and information services, as such term is               ceptive acts or practices related to COVID–            remain available until September 30, 2022, for
                                               used in section 254(h) of the Communications            19;                                                    the supply chain modernization initiative
                                               Act of 1934 (47 U.S.C. 254(h)).                           (2) $2,000,000 for consumer-related edu-             under sections 308, 310, and 7301(b) of title 38,
                                                  (2) COMMISSION.—The term ‘‘Commission’’              cation, including in connection with unfair            United States Code.
                                               means the Federal Communications Com-                   or deceptive acts or practices related to              SEC. 8004. FUNDING FOR STATE HOMES.
                                               mission.                                                COVID–19; and
                                                  (3) CONNECTED DEVICE.—The term ‘‘con-                  (3) $24,000,000 to fund full-time employees            In addition to amounts otherwise made
                                               nected device’’ means a laptop computer,                of the Federal Trade Commission to address             available, there are appropriated for fiscal
                                               tablet computer, or similar end-user device             unfair or deceptive acts or practices, includ-         year 2021, out of any money in the Treasury
                                               that is capable of connecting to advanced               ing those related to COVID–19.                         not otherwise appropriated—
                                               telecommunications and information serv-                     Subtitle E—Science and Technology                   (1) $500,000,000, to remain available until
                                               ices.                                                                                                          expended, for allocation under sections 8131
                                                                                                       SEC. 7501. NATIONAL INSTITUTE OF STANDARDS
                                                  (4) COVERED REGULATIONS.—The term ‘‘cov-                         AND TECHNOLOGY.
                                                                                                                                                              through 8137 of title 38, United States Code:
                                               ered regulations’’ means the regulations pro-             In addition to amounts otherwise made                and
                                               mulgated under subsection (a).                          available, there are appropriated to the Na-             (2) $250,000,000, to remain available until
                                                  (5) COVID–19 EMERGENCY PERIOD.—The                   tional Institute of Standards and Technology           September 30, 2022, for a one-time only obli-
                                               term ‘‘COVID–19 emergency period’’ means a              for fiscal year 2021, out of any money in the          gation and expenditure to existing State ex-
                                               period that—                                            Treasury      not   otherwise    appropriated,         tended care facilities for veterans in propor-
                                                  (A) begins on the date of a determination            $150,000,000, to remain available until Sep-           tion to each State’s share of the total resi-
                                               by the Secretary of Health and Human Serv-              tember 30, 2022, to fund awards for research,          dent capacity in such facilities as of the date
                                               ices pursuant to section 319 of the Public              development, and testbeds to prevent, pre-             of enactment of this Act where such capacity
                                               Health Service Act (42 U.S.C. 247d) that a              pare for, and respond to coronavirus. None of          includes only veterans on whose behalf the
                                               public health emergency exists as a result of           the funds provided by this section shall be            Department pays a per diem payment pursu-
                                               COVID–19; and                                           subject to cost share requirements.                    ant to section 1741 or 1745 of title 38, United
                                                  (B) ends on the June 30 that first occurs            SEC. 7502. NATIONAL SCIENCE FOUNDATION.                States Code.
                                               after the date that is 1 year after the date on           In addition to amounts otherwise made                SEC. 8005. FUNDING FOR THE DEPARTMENT OF
                                               which such determination (including any re-             available, there are appropriated to the Na-                       VETERANS AFFAIRS OFFICE OF IN-
                                               newal thereof) terminates.                              tional Science Foundation for fiscal year                          SPECTOR GENERAL.
                                                  (6) ELIGIBLE EQUIPMENT.—The term ‘‘eligi-            2021, out of any money in the Treasury not               In addition to amounts otherwise made
                                               ble equipment’’ means the following:                    otherwise appropriated, $600,000,000, to re-           available, there is appropriated to the Office
                                                  (A) Wi-Fi hotspots.                                  main available until September 30, 2022, to
                                                                                                                                                              of Inspector General of the Department of
                                                  (B) Modems.                                          fund or extend new and existing research
                                                                                                                                                              Veterans Affairs for fiscal year 2021, out of
                                                  (C) Routers.                                         grants, cooperative agreements, scholar-
                                                                                                                                                              any money in the Treasury not otherwise ap-
                                                  (D) Devices that combine a modem and                 ships, fellowships, and apprenticeships, and
                                                                                                       related administrative expenses to prevent,            propriated, $10,000,000, to remain available
                                               router.                                                                                                        until expended, for audits, investigations,
                                                  (E) Connected devices.                               prepare for, and respond to coronavirus.
                                                                                                                                                              and other oversight of projects and activities
                                                  (7) ELIGIBLE SCHOOL OR LIBRARY.—The term                   Subtitle F—Corporation for Public
                                                                                                                                                              carried out with funds made available to the
                                               ‘‘eligible school or library’’ means an ele-                            Broadcasting
                                                                                                                                                              Department of Veterans Affairs.
                                               mentary school, secondary school, or library            SEC. 7601. SUPPORT FOR THE CORPORATION FOR
                                               (including a Tribal elementary school, Tribal                        PUBLIC BROADCASTING.                      SEC. 8006. COVID–19 VETERAN RAPID RETRAIN-
                                                                                                         In addition to amounts otherwise made                            ING ASSISTANCE PROGRAM.
                                               secondary school, or Tribal library) eligible
                                               for support under paragraphs (1)(B) and (2) of          available, there is appropriated to the Cor-              (a) IN GENERAL.—The Secretary of Vet-
                                               section 254(h) of the Communications Act of             poration for Public Broadcasting for fiscal            erans Affairs shall carry out a program
                                               1934 (47 U.S.C. 254(h)).                                year 2021, out of any money in the Treasury            under which the Secretary shall provide up
                                                  (8) EMERGENCY CONNECTIVITY FUND.—The                 not otherwise appropriated, $175,000,000, to           to 12 months of retraining assistance to an
                                               term     ‘‘Emergency     Connectivity    Fund’’         remain available until expended, to prevent,           eligible veteran for the pursuit of a covered
                                               means the fund established under subsection             prepare for, and respond to coronavirus, in-           program of education. Such retraining as-
                                               (c)(1).                                                 cluding for fiscal stabilization grants to pub-        sistance shall be in addition to any other en-
                                                  (9) LIBRARY.—The term ‘‘library’’ includes           lic telecommunications entities, as defined            titlement to educational assistance or bene-
                                               a library consortium.                                   in section 397 of the Communications Act of            fits for which a veteran is, or has been, eligi-
                                                  (10) WI-FI.—The term ‘‘Wi-Fi’’ means a               1934 (47 U.S.C. 397), with no deduction for ad-        ble.
                                               wireless networking protocol based on Insti-            ministrative or other costs of the Corpora-
                                                                                                       tion, to maintain programming and services                (b) ELIGIBLE VETERANS.—
                                               tute of Electrical and Electronics Engineers                                                                      (1) IN GENERAL.—In this section, the term
                                               standard 802.11 (or any successor standard).            and preserve small and rural stations threat-
                                                                                                       ened by declines in non-Federal revenues.              ‘‘eligible veteran’’ means a veteran who—
                                                  (11) WI-FI HOTSPOT.—The term ‘‘Wi-Fi                                                                           (A) as of the date of the receipt by the De-
                                               hotspot’’ means a device that is capable of—              TITLE VIII—COMMITTEE ON VETERANS’
                                                                                                                                                              partment of Veterans Affairs of an applica-
                                                  (A) receiving advanced telecommuni-                                      AFFAIRS
                                                                                                                                                              tion for assistance under this section, is at
                                               cations and information services; and                   SEC. 8001. FUNDING FOR CLAIMS AND APPEALS              least 22 years of age but not more than 66
                                                  (B) sharing such services with a connected                       PROCESSING.
                                                                                                                                                              years of age;
                                               device through the use of Wi-Fi.                          In addition to amounts otherwise made
                                                                                                                                                                 (B) as of such date, is unemployed by rea-
                                               SEC. 7403. FUNDING FOR DEPARTMENT OF COM-               available, there is appropriated for fiscal
                                                                                                                                                              son of the covered public health emergency,
                                                           MERCE INSPECTOR GENERAL.                    year 2021, out of any money in the Treasury
                                                                                                                                                              as certified by the veteran;
                                                 In addition to amounts otherwise avail-               not otherwise appropriated, $272,000,000, to
                                                                                                                                                                 (C) as of such date, is not eligible to re-
                                               able, there is appropriated to the Office of            remain available until September 30, 2023,
                                                                                                       pursuant to sections 308, 310, 7101 through            ceive educational assistance under chapter
                                               the Inspector General of the Department of                                                                     30, 31, 32, 33, or 35 of title 38, United States
                                                                                                       7113, 7701, and 7703 of title 38, United States
                                               Commerce for fiscal year 2021, out of any                                                                      Code, or chapter 1606 of title 10, United
                                                                                                       Code.
                                               money in the Treasury not otherwise appro-                                                                     States Code;
                                                                                                       SEC. 8002. FUNDING AVAILABILITY FOR MEDICAL
                                               priated, $3,000,000, to remain available until                       CARE AND HEALTH NEEDS.                       (D) is not enrolled in any Federal or State
                                               September 30, 2022, for oversight of activities           In addition to amounts otherwise made                jobs program;
                                               supported with funds appropriated to the De-            available, there is appropriated for fiscal               (E) is not in receipt of compensation for a
                                               partment of Commerce to prevent, prepare                year 2021, out of any money in the Treasury            service-connected disability rated totally
                                               for, and respond to COVID–19.                           not otherwise appropriated, $14,482,000,000, to        disabling by reason of unemployability; and
                                               SEC. 7404. FEDERAL TRADE COMMISSION FUND-               remain available until September 30, 2023, for            (F) will not be in receipt of unemployment
                                                           ING FOR COVID–19 RELATED WORK.              allocation under chapters 17, 20, 73, and 81 of        compensation (as defined in section 85(b) of
                                                 (a)   APPROPRIATION.—In      addition  to             title 38, United States Code, of which not             the Internal Revenue Code of 1986), including
                                               amounts otherwise available, there is appro-            more than $4,000,000,000 shall be available            any cash benefit received pursuant to sub-
                                               priated to the Federal Trade Commission for                                                                    title A of title II of division A of the CARES




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                                                                                                       pursuant to section 1703 of title 38, United
                                               fiscal year 2021, $30,400,000, to remain avail-         States Code for health care furnished                  Act (Public Law 116–136), as of the first day
                                               able until September 30, 2026, for the pur-             through the Veterans Community Care pro-               on which the veteran would receive a hous-
                                               poses described in subsection (b).                      gram in sections 1703(c)(1) and 1703(c)(5) of          ing stipend payment under this section.
                                                 (b) PURPOSES.—From the amount appro-                  such title.                                               (2) TREATMENT OF VETERANS WHO TRANSFER
                                               priated under subsection (a), the Federal               SEC. 8003. FUNDING FOR SUPPLY CHAIN MOD-               ENTITLEMENT.—For purposes of paragraph
                                               Trade Commission shall use—                                         ERNIZATION.                                (1)(C), a veteran who has transferred all of
                                                 (1) $4,400,000 to process and monitor con-              In addition to amounts otherwise made                the veteran’s entitlement to educational as-
                                               sumer complaints received into the Con-                 available, there is appropriated for fiscal            sistance under section 3319 of title 38, United




                                         VerDate Sep 11 2014   08:39 Mar 05, 2021   Jkt 019060   PO 00000   Frm 00045   Fmt 0637   Sfmt 0634   E:\CR\FM\A04MR6.008   S04MRPT1
                                               S1082                                             CONGRESSIONAL RECORD — SENATE                                                           March 4, 2021
                                               States Code, shall be considered to be a vet-           tution that the veteran no longer intends to           not otherwise appropriated, $386,000,000, to
                                               eran who is not eligible to receive edu-                pursue the program of education.                       remain available until expended, to carry
                                               cational assistance under chapter 33 of such              (C) NONRECOVERY FROM VETERAN.—In the                 out this section.
                                               title.                                                  case of a veteran referred to in subparagraph          SEC. 8007. PROHIBITION ON COPAYMENTS AND
                                                 (3) FAILURE TO COMPLETE.—A veteran who                (A), the educational institution may not                           COST SHARING FOR VETERANS DUR-
                                               receives retraining assistance under this sec-          seek payment from the veteran for any                              ING EMERGENCY RELATING TO
                                               tion to pursue a program of education and               amount that would have been payable under                          COVID–19.
                                               who fails to complete the program of edu-               paragraph (1)(B) had the veteran completed               (a) IN GENERAL.—The Secretary of Vet-
                                               cation shall not be eligible to receive addi-           the program of education.                              erans Affairs—
                                               tional assistance under this section.                     (D) PAYMENT DUE UPON EMPLOYMENT.—                      (1) shall provide for any copayment or
                                                 (c) COVERED PROGRAMS OF EDUCATION.—                     (i) VETERANS WHO FIND EMPLOYMENT.—In                 other cost sharing with respect to health
                                                 (1) IN GENERAL.—For purposes of this sec-             the case of a veteran referred to in subpara-          care under the laws administered by the Sec-
                                               tion, a covered program of education is a               graph (A) who finds employment in a field              retary received by a veteran during the pe-
                                               program of education (as such term is de-               related to the program of education during             riod specified in subsection (b); and
                                               fined in section 3452(b) of title 38, United            the 180-day period beginning on the date on              (2) shall reimburse any veteran who paid a
                                               States Code) for training, pursued on a full-           which the veteran withdraws from the pro-              copayment or other cost sharing for health
                                               time or part-time basis—                                gram of education, the Secretary shall pay             care under the laws administered by the Sec-
                                                 (A) that—                                             to the educational institution a pro-rated             retary received by a veteran during such pe-
                                                 (i) is approved under chapter 36 of such              amount under paragraph (1)(C) when the vet-            riod the amount paid by the veteran.
                                               title;                                                  eran finds such employment.                              (b) PERIOD SPECIFIED.—The period specified
                                                 (ii) does not lead to a bachelors or grad-              (ii) VETERANS WHO DO NOT FIND EMPLOY-                in this subsection is the period beginning on
                                               uate degree; and                                        MENT.—In the case of a veteran referred to in          April 6, 2020, and ending on September 30,
                                                 (iii) is designed to provide training for a           subparagraph (A) who does not find employ-             2021.
                                               high-demand occupation, as determined                   ment in a field related to the program of                (c) FUNDING.—In addition to amounts oth-
                                               under paragraph (3); or                                 education during the 180-day period begin-             erwise available, there is appropriated to the
                                                 (B) that is a high technology program of              ning on the date on which the veteran with-            Secretary of Veterans Affairs for fiscal year
                                               education offered by a qualified provider,              draws from the program of education—                   2021, out of any money in the Treasury not
                                               under the meaning given such terms in sec-                (I) the Secretary shall not make a payment           otherwise appropriated, $1,000,000,000, to re-
                                               tion 116 of the Harry W. Colmery Veterans               to the educational institution under para-             main available until expended, to carry out
                                               Educational Assistance Act of 2017 (Public              graph (1)(C); and                                      this section, except for health care furnished
                                               Law 115–48; 38 U.S.C. 3001 note).                         (II) the educational institution may not             pursuant to section 1703(c)(2)-(c)(4) of title 38,
                                                 (2) ACCREDITED PROGRAMS.—In the case of               seek payment from the veteran for any                  United States Code.
                                               an accredited program of education, the pro-            amount that would have been payable under              SEC. 8008. EMERGENCY DEPARTMENT OF VET-
                                               gram of education shall not be considered a                                                                                ERANS AFFAIRS EMPLOYEE LEAVE
                                                                                                       paragraph (1)(C) had the veteran found em-                         FUND.
                                               covered program of education under this sec-            ployment during such 180-day period.
                                               tion if the program has received a show                                                                          (a) ESTABLISHMENT; APPROPRIATION.—There
                                                                                                         (3) HOUSING STIPEND.—For each month that             is established in the Treasury the Emer-
                                               cause order from the accreditor of the pro-             an eligible veteran pursues a covered pro-
                                               gram during the five-year period preceding                                                                     gency Department of Veterans Affairs Em-
                                                                                                       gram of education under the retraining as-
                                               the date of the enactment of this Act.                                                                         ployee Leave Fund (in this section referred
                                                                                                       sistance program under this section, the Sec-
                                                 (3) DETERMINATION OF HIGH-DEMAND OCCUPA-                                                                     to as the ‘‘Fund’’), to be administered by the
                                                                                                       retary shall pay to the veteran a monthly
                                               TIONS.—In carrying out this section, the Sec-                                                                  Secretary of Veterans Affairs, for the pur-
                                                                                                       housing stipend in an amount equal to—
                                               retary shall use the list of high-demand oc-                                                                   poses set forth in subsection (b). In addition
                                                                                                         (A) in the case of a covered program of edu-
                                               cupations compiled by the Commissioner of                                                                      to amounts otherwise available, there is ap-
                                                                                                       cation leading to a degree, or a covered pro-
                                               Labor Statistics.                                                                                              propriated for fiscal year 2021, out of any
                                                                                                       gram of education not leading to a degree, at
                                                 (4) FULL-TIME DEFINED.—For purposes of                                                                       money in the Treasury not otherwise appro-
                                                                                                       an institution of higher learning (as that
                                               this subsection, the term ‘‘full-time’’ has the                                                                priated, $80,000,000, which shall be deposited
                                                                                                       term is defined in section 3452(f) of title 38,
                                               meaning given such term under section 3688                                                                     into the Fund and remain available through
                                                                                                       United States Code) pursued on more than a
                                               of title 38, United States Code.                                                                               September 20, 2022.
                                                 (d) AMOUNT OF ASSISTANCE.—                            half-time basis, the amount specified under              (b) PURPOSE.—Amounts in the Fund shall
                                                 (1) RETRAINING ASSISTANCE.—The Secretary              subsection (c)(1)(B) of section 3313 of title 38,      be available for payment to the Department
                                               of Veterans Affairs shall provide to an eligi-          United States Code;                                    of Veterans Affairs for the use of paid leave
                                               ble veteran pursuing a covered program of                 (B) in the case of a covered program of edu-         by any covered employee who is unable to
                                               education under the retraining assistance               cation other than a program of education               work because the employee—
                                               program under this section an amount equal              leading to a degree at an institution other              (1) is subject to a Federal, State, or local
                                               to the amount of educational assistance pay-            than an institution of higher learning pur-            quarantine or isolation order related to
                                               able under section 3313(c)(1)(A) of title 38,           sued on more than a half-time basis, the               COVID–19;
                                               United States Code, for each month the vet-             amount        specified     under    subsection          (2) has been advised by a health care pro-
                                               eran pursues the covered program of edu-                (g)(3)(A)(ii) of such section; or                      vider to self-quarantine due to concerns re-
                                               cation. Such amount shall be payable di-                  (C) in the case of a covered program of edu-         lated to COVID–19;
                                               rectly to the educational institution offering          cation pursued on less than a half-time basis,           (3) is caring for an individual who is sub-
                                               the covered program of education pursued by             or a covered program of education pursued              ject to such an order or has been so advised;
                                               the veteran as follows:                                 solely through distance learning on more                 (4) is experiencing symptoms of COVID–19
                                                 (A) 50 percent of the total amount payable            than a half-time basis, the amount specified           and seeking a medical diagnosis;
                                               shall be paid when the eligible veteran be-             under subsection (c)(1)(B)(iii) of such section.         (5) is caring for a son or daughter of such
                                               gins the program of education.                            (4) FAILURE TO FIND EMPLOYMENT.—The                  employee if the school or place of care of the
                                                 (B) 25 percent of the total amount payable            Secretary shall not make a payment under               son or daughter has been closed, if the school
                                               shall be paid when the eligible veteran com-            paragraph (1)(C) with respect to an eligible           of such son or daughter requires or makes
                                               pletes the program of education.                        veteran who completes or fails to complete a           optional a virtual learning instruction model
                                                 (C) 25 percent of the total amount payable            program of education under the retraining              or requires or makes optional a hybrid of in-
                                               shall be paid when the eligible veteran finds           assistance program under this section if the           person and virtual learning instruction mod-
                                               employment in a field related to the pro-               veteran fails to find employment in a field            els, or the child care provider of such son or
                                               gram of education.                                      related to the program of education within             daughter is unavailable, due to COVID–19
                                                 (2) FAILURE TO COMPLETE.—                             the 180-period beginning on the date on                precautions;
                                                 (A) PRO-RATED PAYMENTS.—In the case of a              which the veteran withdraws from or com-                 (6) is experiencing any other substantially
                                               veteran who pursues a covered program of                pletes the program.                                    similar condition;
                                                                                                         (e) NO TRANSFERABILITY.—Retraining as-
                                               education under the retraining assistance                                                                        (7) is caring for a family member with a
                                                                                                       sistance provided under this section may not
                                               program under this section, but who does not                                                                   mental or physical disability or who is 55
                                                                                                       be transferred to another individual.
                                               complete the program of education, the Sec-               (f) LIMITATION.—Not more than 17,250 eligi-          years of age or older and incapable of self-
                                               retary shall pay to the educational institu-            ble veterans may receive retraining assist-            care, without regard to whether another in-
                                               tion offering such program of education a                                                                      dividual other than the employee is avail-




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                                                                                                       ance under this section.
                                               pro-rated amount based on the number of                   (g) TERMINATION.—No retraining assistance            able to care for such family member, if the
                                               months the veteran pursued the program of               may be paid under this section after the date          place of care for such family member is
                                               education in accordance with this paragraph.            that is 21 months after the date of the enact-         closed or the direct care provider is unavail-
                                                 (B) PAYMENT OTHERWISE DUE UPON COMPLE-                ment of this Act.                                      able due to COVID–19; or
                                               TION OF PROGRAM.—The Secretary shall pay                  (h) FUNDING.—In addition to amounts oth-               (8) is obtaining immunization related to
                                               to the educational institution a pro-rated              erwise available there is appropriated to the          COVID–19 or to recover from any injury, dis-
                                               amount under paragraph (1)(B) when the vet-             Department of Veterans Affairs for fiscal              ability, illness, or condition related to such
                                               eran provides notice to the educational insti-          year 2021, out of any money in the Treasury            immunization.




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                                               March 4, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                     S1083
                                                 (c) LIMITATIONS.—                                     under section 2107 for the same week of un-            SEC.   9016.
                                                                                                                                                                        EXTENSION OF PANDEMIC EMER-
                                                 (1) PERIOD OF AVAILABILITY.—Paid leave                employment.                                                      GENCY   UNEMPLOYMENT      COM-
                                               under this section may only be provided to                                                                               PENSATION.
                                                                                                         (d) EFFECTIVE DATE.—The amendments
                                               and used by a covered employee during the               made by subsections (a) and (b) shall apply              (a) IN GENERAL.—Section 2107(g) of the
                                               period beginning on the date of enactment of            as if included in the enactment of the                 CARES Act (15 U.S.C. 9025(g)) is amended to
                                               this Act and ending on September 30, 2021.              CARES Act (Public Law 116–136), except that            read as follows:
                                                 (2) TOTAL HOURS; AMOUNT.—Paid leave                   no amount shall be payable by virtue of such              ‘‘(g) APPLICABILITY.—An agreement en-
                                               under this section—                                     amendments with respect to any week of un-             tered into under this section shall apply to
                                                 (A) shall be provided to a covered employee           employment ending on or before March 14,               weeks of unemployment—
                                               in an amount not to exceed 600 hours of paid            2021.                                                     ‘‘(1) beginning after the date on which such
                                               leave for each full-time employee, and in the                                                                  agreement is entered into; and
                                                                                                       SEC. 9012. EXTENSION OF EMERGENCY UNEM-                   ‘‘(2) ending on or before August 29, 2021.’’.
                                               case of a part-time employee, employee on                           PLOYMENT RELIEF FOR GOVERN-
                                               an uncommon tour of duty, or employee with                                                                        (b) INCREASE IN NUMBER OF WEEKS.—Sec-
                                                                                                                   MENTAL ENTITIES AND NONPROFIT
                                               a seasonal work schedule, in an amount not                          ORGANIZATIONS.                             tion 2107(b)(2) of such Act (15 U.S.C.
                                               to exceed the proportional equivalent of 600                                                                   9025(b)(2)) is amended by striking ‘‘24’’ and
                                                                                                         (a) IN GENERAL.—Section 903(i)(1)(D) of the
                                               hours to the extent amounts in the Fund re-                                                                    inserting ‘‘48’’.
                                                                                                       Social Security Act (42 U.S.C. 1103(i)(1)(D)) is          (c) COORDINATION OF PANDEMIC EMERGENCY
                                               main available for reimbursement;                       amended by striking ‘‘March 14, 2021’’ and in-
                                                 (B) shall be paid at the same hourly rate as                                                                 UNEMPLOYMENT COMPENSATION WITH EX-
                                                                                                       serting ‘‘August 29, 2021’’.                           TENDED COMPENSATION.—Section 2107(a)(5)(B)
                                               other leave payments; and                                 (b) INCREASE IN REIMBURSEMENT RATE.—
                                                 (C) may not be provided to a covered em-                                                                     of such Act (15 U.S.C. 9025(a)(5)(B)) is amend-
                                                                                                       Section 903(i)(1)(B) of such Act (42 U.S.C.            ed by inserting ‘‘or for the week that in-
                                               ployee if the leave would result in payments            1103(i)(1)(B)) is amended—
                                               greater than $2,800 in aggregate for any bi-                                                                   cludes the date of enactment of the Amer-
                                                                                                         (1) in the first sentence, by inserting ‘‘and        ican Rescue Plan Act of 2021 (without regard
                                               weekly pay period for a full-time employee,             except as otherwise provided in this subpara-
                                               or a proportionally equivalent biweekly                                                                        to the amendments made by subsections (a)
                                                                                                       graph’’ after ‘‘as determined by the Sec-              and (b) of section 9016 of such Act)’’ after
                                               limit for a part-time employee.                         retary of Labor’’; and
                                                 (3) RELATIONSHIP TO OTHER LEAVE.—Paid                                                                        ‘‘2020)’’.
                                                                                                         (2) by inserting after the first sentence the           (d) SPECIAL RULE FOR EXTENDED COMPENSA-
                                               leave under this section—                               following: ‘‘With respect to the amounts of            TION.—Section 2107(a)(8) of such Act (15
                                                 (A) is in addition to any other leave pro-            such compensation paid for weeks of unem-
                                               vided to a covered employee; and                                                                               U.S.C. 9025(a)(8)) is amended by striking
                                                                                                       ployment beginning after March 31, 2021, and           ‘‘April 12, 2021’’ and inserting ‘‘August 29,
                                                 (B) may not be used by a covered employee             ending on or before August 29, 2021, the pre-
                                               concurrently with any other paid leave.                                                                        2021’’.
                                                                                                       ceding sentence shall be applied by sub-                  (e) EFFECTIVE DATE.—The amendments
                                                 (4) CALCULATION OF RETIREMENT BENEFIT.—               stituting ‘75 percent’ for ‘one-half’.’’.
                                               Any paid leave provided to a covered em-                                                                       made by this section shall apply as if in-
                                               ployee under this section shall reduce the              SEC. 9013. EXTENSION OF FEDERAL PANDEMIC               cluded in the enactment of the CARES Act
                                                                                                                   UNEMPLOYMENT COMPENSATION.                 (Public Law 116–136), except that no amount
                                               total service used to calculate any Federal
                                               civilian retirement benefit.                              (a) IN GENERAL.—Section 2104(e)(2) of the            shall be payable by virtue of such amend-
                                                 (d) COVERED EMPLOYEE DEFINED.—In this                 CARES Act (15 U.S.C. 9023(e)(2)) is amended            ments with respect to any week of unem-
                                               section, the term ‘‘covered employee’’ means            by striking ‘‘March 14, 2021’’ and inserting           ployment ending on or before March 14, 2021.
                                               an employee of the Department of Veterans               ‘‘August 29, 2021’’.                                   SEC. 9017. EXTENSION OF TEMPORARY FINANC-
                                               Affairs appointed under chapter 74 of title 38,           (b) AMOUNT.—Section 2104(b)(3)(A) of such                        ING OF SHORT-TIME COMPENSATION
                                                                                                       Act (15 U.S.C. 9023(b)(3)(A)) is amended by                        PAYMENTS IN STATES WITH PRO-
                                               United States Code.                                                                                                        GRAMS IN LAW.
                                                   TITLE IX—COMMITTEE ON FINANCE                       adding at the end the following:
                                                                                                         ‘‘(iii) For weeks of unemployment ending               Section 2108(b)(2) of the CARES Act (15
                                                 Subtitle A—Crisis Support for Unemployed                                                                     U.S.C. 9026(b)(2)) is amended by striking
                                                                   Workers                             after March 14, 2021, and ending on or before
                                                                                                       August 29, 2021, $400.’’.                              ‘‘March 14, 2021’’ and inserting ‘‘August 29,
                                                   PART 1—EXTENSION OF CARES ACT                                                                              2021’’.
                                                      UNEMPLOYMENT PROVISIONS                          SEC. 9014. EXTENSION OF FULL FEDERAL FUND-
                                                                                                                                                              SEC. 9018. EXTENSION OF TEMPORARY FINANC-
                                                                                                                   ING OF THE FIRST WEEK OF COM-
                                               SEC. 9011. EXTENSION OF PANDEMIC UNEMPLOY-                                                                                 ING OF SHORT-TIME COMPENSATION
                                                                                                                   PENSABLE REGULAR UNEMPLOY-
                                                            MENT ASSISTANCE.                                                                                              AGREEMENTS FOR STATES WITHOUT
                                                                                                                   MENT FOR STATES WITH NO WAIT-
                                                 (a) IN GENERAL.—Section 2102(c) of the                                                                                   PROGRAMS IN LAW.
                                                                                                                   ING WEEK.
                                               CARES Act (15 U.S.C. 9021(c)) is amended—                                                                        Section 2109(d)(2) of the CARES Act (15
                                                                                                         (a) IN GENERAL.—Section 2105(e)(2) of the
                                                  (1) in paragraph (1)—                                                                                       U.S.C. 9027(d)(2)) is amended by striking
                                                                                                       CARES Act (15 U.S.C. 9024(e)(2)) is amended
                                                  (A) by striking ‘‘paragraphs (2) and (3)’’                                                                  ‘‘March 14, 2021’’ and inserting ‘‘August 29,
                                                                                                       by striking ‘‘March 14, 2021’’ and inserting
                                               and inserting ‘‘paragraph (2)’’; and                                                                           2021’’.
                                                                                                       ‘‘August 29, 2021’’.
                                                  (B) in subparagraph (A)(ii), by striking                                                                            PART 2—EXTENSION OF FFCRA
                                                                                                         (b) FULL REIMBURSEMENT.—Paragraph (3)
                                               ‘‘March 14, 2021’’ and inserting ‘‘August 29,                                                                          UNEMPLOYMENT PROVISIONS
                                                                                                       of section 2105(c) of such Act (15 U.S.C.
                                               2021’’; and                                                                                                    SEC. 9021. EXTENSION OF TEMPORARY ASSIST-
                                                                                                       9024(c)) is repealed and such section shall be
                                                  (2) by striking paragraph (3) and redesig-                                                                              ANCE FOR STATES WITH ADVANCES.
                                                                                                       applied to weeks of unemployment to which
                                               nating paragraph (4) as paragraph (3).                                                                           Section 1202(b)(10)(A) of the Social Secu-
                                                                                                       an agreement under section 2105 of such Act
                                                  (b) INCREASE IN NUMBER OF WEEKS.—Sec-                                                                       rity Act (42 U.S.C. 1322(b)(10)(A)) is amended
                                               tion 2102(c)(2) of such Act (15 U.S.C.                  applies as if such paragraph had not been en-
                                                                                                       acted. In implementing the preceding sen-              by striking ‘‘March 14, 2021’’ and inserting
                                               9021(c)(2)) is amended—                                                                                        ‘‘August 29, 2021’’.
                                                  (1) by striking ‘‘50 weeks’’ and inserting           tence, a State may, if necessary, reenter the
                                                                                                       agreement with the Secretary under section             SEC. 9022. EXTENSION OF FULL FEDERAL FUND-
                                               ‘‘74 weeks’’; and                                                                                                          ING OF EXTENDED UNEMPLOYMENT
                                                  (2) by striking ‘‘50-week period’’ and insert-       2105 of such Act, and retroactively pay for
                                                                                                       the first week of regular compensation with-                       COMPENSATION.
                                               ing ‘‘74-week period’’.                                                                                          (a) IN GENERAL.—Section 4105 of the Fami-
                                                  (c) HOLD HARMLESS FOR PROPER ADMINIS-                out a waiting week consistent with State
                                                                                                       law (including a waiver of State law) and re-          lies First Coronavirus Response Act (26
                                               TRATION.—In the case of an individual who is
                                                                                                       ceive full reimbursement for weeks of unem-            U.S.C. 3304 note) is amended by striking
                                               eligible to receive pandemic unemployment                                                                      ‘‘March 14, 2021’’ each place it appears and
                                               assistance under section 2102 of the CARES              ployment that ended after December 31, 2020.
                                                                                                                                                              inserting ‘‘August 29, 2021’’.
                                               Act (15 U.S.C. 9021) as of the day before the           SEC. 9015. EXTENSION OF EMERGENCY STATE
                                                                                                                  STAFFING FLEXIBILITY.                         (b) EFFECTIVE DATE.—The amendment
                                               date of enactment of this Act and on the                                                                       made by subsection (a) shall apply as if in-
                                               date of enactment of this Act becomes eligi-              If a State modifies its unemployment com-            cluded in the enactment of the Families
                                               ble for pandemic emergency unemployment                 pensation law and policies, subject to the             First Coronavirus Response Act (Public Law
                                               compensation under section 2107 of the                  succeeding sentence, with respect to per-              116–127).
                                               CARES Act (15 U.S.C. 9025) by reason of the             sonnel standards on a merit basis on an
                                               amendments made by section 9016(b) of this              emergency temporary basis as needed to re-             PART 3—DEPARTMENT OF LABOR FUND-
                                               title, any payment of pandemic unemploy-                spond to the spread of COVID–19, such modi-              ING FOR TIMELY, ACCURATE, AND EQUI-
                                               ment assistance under such section 2102                 fications shall be disregarded for the pur-              TABLE PAYMENT
                                               made after the date of enactment of this Act            poses of applying section 303 of the Social            SEC. 9031. FUNDING FOR ADMINISTRATION.




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                                               to such individual during an appropriate pe-            Security Act and section 3304 of the Internal            In addition to amounts otherwise avail-
                                               riod of time, as determined by the Secretary            Revenue Code of 1986 to such State law. Such           able, there is appropriated to the Employ-
                                               of Labor, that should have been made under              modifications shall only apply through Au-             ment and Training Administration of the De-
                                               such section 2107 shall not be considered to            gust 29, 2021, and shall be limited to engaging        partment of Labor for fiscal year 2021, out of
                                               be an overpayment of assistance under such              of temporary staff, rehiring of retirees or            any money in the Treasury not otherwise ap-
                                               section 2102, except that an individual may             former employees on a non-competitive                  propriated, $8,000,000, to remain available
                                               not receive payment for assistance under                basis, and other temporary actions to quick-           until expended, for necessary expenses to
                                               section 2102 and a payment for assistance               ly process applications and claims.                    carry out Federal activities relating to the




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                                               S1084                                             CONGRESSIONAL RECORD — SENATE                                                           March 4, 2021
                                               administration of unemployment compensa-                ceeding fiscal year after the funds are award-         operating a program funded under this part,
                                               tion programs.                                          ed, the entity shall—                                  in accordance with clause (ii) of this sub-
                                               SEC. 9032. FUNDING FOR FRAUD PREVENTION,                  ‘‘(A) not reduce funding for, or staffing lev-       paragraph.
                                                           EQUITABLE ACCESS, AND TIMELY                els of, the program on account of reduced en-            ‘‘(ii) ALLOTMENT FORMULA.—The Secretary
                                                           PAYMENT TO ELIGIBLE WORKERS.                rollment in the program; and                           shall allot to each such State the sum of the
                                                 Subtitle A of title II of division A of the             ‘‘(B) when using funds to provide emer-              following percentages of the total amount
                                               CARES Act (Public Law 116–136) is amended               gency supplies to eligible families receiving          described in clause (i):
                                               by adding at the end the following:                     grant services under section 511, ensure co-             ‘‘(I) 50 percent, multiplied by—
                                               ‘‘SEC. 2118. FUNDING FOR FRAUD PREVENTION,              ordination with local diaper banks to the ex-            ‘‘(aa) the population of children in the
                                                            EQUITABLE ACCESS, AND TIMELY               tent practicable; and                                  State, determined on the basis of the most
                                                            PAYMENT TO ELIGIBLE WORKERS.                 ‘‘(3) reaffirm that, in conducting the pro-          recent population estimates as determined
                                                  ‘‘(a) IN GENERAL.—In addition to amounts             gram, the entity will focus on priority popu-          by the Bureau of the Census; divided by
                                               otherwise available, there is appropriated to           lations (as defined in section 511(d)(4)).               ‘‘(bb) the total population of children in
                                               the Secretary of Labor for fiscal year 2021,              ‘‘(c) USES OF FUNDS.—An entity to which              the States that are not territories, as so de-
                                               out of any money in the Treasury not other-             funds are provided under this section shall            termined; plus
                                               wise appropriated, $2,000,000,000, to remain            use the funds—
                                                                                                                                                                ‘‘(II) 50 percent, multiplied by—
                                               available until expended, to detect and pre-              ‘‘(1) to serve families with home visits or
                                                                                                                                                                ‘‘(aa) the total amount expended by the
                                               vent fraud, promote equitable access, and en-           with virtual visits, that may be conducted
                                                                                                                                                              State for basic assistance, non-recurrent
                                               sure the timely payment of benefits with re-            by the use of electronic information and
                                                                                                                                                              short term benefits, and emergency assist-
                                               spect to unemployment compensation pro-                 telecommunications technologies, in a serv-
                                                                                                                                                              ance in fiscal year 2019, as reported by the
                                               grams, including programs extended under                ice delivery model described in section
                                                                                                                                                              State under section 411; divided by
                                               subtitle A of title IX of the American Rescue           511(d)(3)(A);
                                                                                                                                                                ‘‘(bb) the total amount expended by the
                                               Plan Act of 2021.                                         ‘‘(2) to pay hazard pay or other additional
                                                                                                                                                              States that are not territories for basic as-
                                                 ‘‘(b) USE OF FUNDS.—Amounts made avail-               staff costs associated with providing home
                                                                                                                                                              sistance, non-recurrent short term benefits,
                                               able under subsection (a) may be used—                  visits or administration for programs funded
                                                                                                                                                              and emergency assistance in fiscal year 2019,
                                                 ‘‘(1) for Federal administrative costs re-            under section 511;
                                                                                                         ‘‘(3) to train home visitors employed by the         as so reported by the States.
                                               lated to the purposes described in subsection
                                               (a);                                                    entity in conducting a virtual home visit and            ‘‘(B) TERRITORIES AND INDIAN TRIBES.—The
                                                 ‘‘(2) for systemwide infrastructure invest-           in emergency preparedness and response                 Secretary shall allot among the territories
                                               ment and development related to such pur-               planning for families served, and may in-              and Indian tribes otherwise eligible for a
                                               poses; and                                              clude training on how to safely conduct inti-          grant under this part such portions of 7.5
                                                 ‘‘(3) to make grants to States or territories         mate partner violence screenings, and train-           percent of the amount specified in paragraph
                                               administering unemployment compensation                 ing on safety and planning for families                (1) that are not reserved under paragraph (2)
                                               programs described in subsection (a) (includ-           served to support the family outcome im-               as the Secretary deems appropriate based on
                                               ing territories administering the Pandemic              provements listed in section 511(d)(2)(B);             the needs of the territory or Indian tribe in-
                                               Unemployment Assistance program under                     ‘‘(4) for the acquisition by families served         volved.
                                               section 2102) for such purposes, including the          by programs under section 511 of such tech-              ‘‘(C) EXPENDITURE COMMITMENT REQUIRE-
                                               establishment of procedures or the building             nological means as are needed to conduct               MENT.—To receive the full amount of funding
                                               of infrastructure to verify or validate iden-           and support a virtual home visit;                      payable under this subsection, a State or In-
                                               tity, implement Federal guidance regarding                ‘‘(5) to provide emergency supplies (such as         dian tribe shall inform the Secretary as to
                                               fraud detection and prevention, and accel-              diapers and diapering supplies including dia-          whether it intends to use all of its allotment
                                               erate claims processing or process claims               per wipes and diaper cream, necessary to en-           under this paragraph and provide that infor-
                                               backlogs due to the pandemic.                           sure that a child using a diaper is properly           mation—
                                                 ‘‘(c) RESTRICTIONS ON GRANTS TO STATES                cleaned and protected from diaper rash, for-             ‘‘(i) in the case of a State that is not a ter-
                                               AND TERRITORIES.—As a condition of receiv-              mula, food, water, hand soap and hand sani-            ritory, within 45 days after the date of the
                                               ing a grant under subsection (b)(3), the Sec-           tizer) to an eligible family (as defined in sec-       enactment of this subsection; or
                                               retary may require that a State or territory            tion 511(k)(2));                                         ‘‘(ii) in the case of a territory or an Indian
                                               receiving such a grant shall—                             ‘‘(6) to coordinate with and provide reim-           tribe, within 90 days after such date of enact-
                                                 ‘‘(1) use such program integrity tools as             bursement for supplies to diaper banks when            ment.
                                               the Secretary may specify; and                          using such entities to provide emergency                 ‘‘(4) GRANTS.—
                                                 ‘‘(2) as directed by the Secretary, conduct           supplies specified in paragraph (5); or                  ‘‘(A) IN GENERAL.—The Secretary shall pro-
                                               user accessibility testing on any new system              ‘‘(7) to provide prepaid grocery cards to an         vide funds to each State and Indian tribe to
                                               developed by the Secretary pursuant to sub-             eligible family (as defined in section                 which an amount is allotted under paragraph
                                               section (b)(2).’’.                                      511(k)(2)) participating in the maternal, in-          (3), from the amount so allotted.
                                                     Subtitle B—Emergency Assistance to                fant, and early childhood home visiting pro-             ‘‘(B) TREATMENT OF UNUSED FUNDS.—
                                                 Families Through Home Visiting Programs               gram under section 511 for the purpose of en-            ‘‘(i) REALLOTMENT.—The Secretary shall
                                                                                                       abling the family to meet the emergency                reallot in accordance with paragraph (3) all
                                               SEC. 9101. EMERGENCY ASSISTANCE TO FAMI-
                                                           LIES THROUGH HOME VISITING                  needs of the family.’’.                                funds provided to any State or Indian tribe
                                                           PROGRAMS.                                         Subtitle C—Emergency Assistance to               under this subsection that are unused,
                                                 Title V of the Social Security Act (42                              Children and Families                    among the other States and Indian tribes eli-
                                               U.S.C. 701-713) is amended by inserting after           SEC. 9201. PANDEMIC EMERGENCY ASSISTANCE.              gible for funds under this subsection. For
                                               section 511 the following:                                Section 403 of the Social Security Act (42           purposes of paragraph (3), the Secretary
                                               ‘‘SEC. 511A. EMERGENCY ASSISTANCE TO FAMI-              U.S.C. 603) is amended by adding at the end            shall treat the funds as if included in the
                                                            LIES THROUGH HOME VISITING                 the following:                                         amount specified in paragraph (1).
                                                            PROGRAMS.                                    ‘‘(c) PANDEMIC EMERGENCY ASSISTANCE.—                  ‘‘(ii) PROVISION.—The Secretary shall pro-
                                                  ‘‘(a) SUPPLEMENTAL APPROPRIATION.—In ad-               ‘‘(1)   APPROPRIATION.—In       addition    to       vide funds to each such other State or Indian
                                               dition to amounts otherwise appropriated,               amounts otherwise available, there is appro-           tribe in an amount equal to the amount so
                                               out of any money in the Treasury of the                 priated for fiscal year 2021, out of any money         reallotted.
                                               United States not otherwise appropriated,               in the Treasury of the United States not oth-            ‘‘(5) RECIPIENT OF FUNDS PROVIDED FOR TER-
                                               there are appropriated to the Secretary                 erwise appropriated, $1,000,000,000, to remain         RITORIES.—In the case of a territory not op-
                                               $150,000,000, to remain available through Sep-          available until expended, to carry out this            erating a program funded under this part,
                                               tember 30, 2022, to enable eligible entities to         subsection.                                            the Secretary shall provide the funds re-
                                               conduct programs in accordance with section               ‘‘(2) RESERVATION OF FUNDS FOR TECHNICAL             quired to be provided to the territory under
                                               511 and subsection (c) of this section.                 ASSISTANCE.—Of the amount specified in                 this subsection, to the agency that admin-
                                                 ‘‘(b) ELIGIBILITY FOR FUNDS.—To be eligible           paragraph (1), the Secretary shall reserve             isters the bulk of local human services pro-
                                               to receive funds made available by sub-                 $2,000,000 for administrative expenses and the         grams in the territory.
                                               section (a) of this section, an entity shall—           provision of technical assistance to States              ‘‘(6) USE OF FUNDS.—
                                                 ‘‘(1) as of the date of the enactment of this         and Indian tribes with respect to the use of             ‘‘(A) IN GENERAL.—A State or Indian tribe
                                               section, be conducting a program under sec-             funds provided under this subsection.                  to which funds are provided under this sub-




SSpencer on DSK126QN23PROD with SENATE
                                               tion 511;                                                 ‘‘(3) ALLOTMENTS.—                                   section may use the funds only for non-re-
                                                 ‘‘(2) ensure the modification of grants, con-           ‘‘(A) 50 STATES AND THE DISTRICT OF COLUM-           current short term benefits, whether in the
                                               tracts, and other agreements, as applicable,            BIA.—                                                  form of cash or in other forms.
                                               executed under section 511 under which the                ‘‘(i) TOTAL AMOUNT TO BE ALLOTTED.—The                 ‘‘(B) LIMITATION ON USE FOR ADMINISTRA-
                                               program is conducted as are necessary to                Secretary shall allot a total of 92.5 percent of       TIVE EXPENSES.—A State to which funds are
                                               provide that, during the period that begins             the amount specified in paragraph (1) that is          provided under this subsection shall not ex-
                                               with the date of the enactment of this sec-             not reserved under paragraph (2) among the             pend more than 15 percent of the funds for
                                               tion and ends with the end of the 2nd suc-              States that are not a territory and that are           administrative purposes.




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                                               March 4, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                      S1085
                                                 ‘‘(C) NONSUPPLANTATION.—Funds provided                main available until expended, for purposes              (II) the premium for such different cov-
                                               under this subsection shall be used to supple-          of requiring multiple organizations described          erage does not exceed the premium for cov-
                                               ment and not supplant other Federal, State,             in paragraph (1) to provide to skilled nursing         erage in which such individual was enrolled
                                               or tribal funds for services and activities             facilities (as defined in section 1819(a)), infec-     at the time such qualifying event occurred;
                                               that promote the purposes of this part.                 tion control and vaccination uptake support              (III) the different coverage in which the in-
                                                 ‘‘(D) EXPENDITURE DEADLINE.—                          relating to the prevention or mitigation of            dividual elects to enroll is coverage that is
                                                 ‘‘(i) IN GENERAL.—Except as provided in               COVID-19, as determined appropriate by the             also offered to similarly situated active em-
                                               clause (ii), a State or Indian tribe to which           Secretary.’’.                                          ployees of the employer at the time at which
                                               funds are provided under this subsection                SEC. 9402. FUNDING FOR STRIKE TEAMS FOR                such election is made; and
                                               shall expend the funds not later than the end                      RESIDENT AND EMPLOYEE SAFETY                  (IV) the different coverage in which the in-
                                               of fiscal year 2022.                                               IN SKILLED NURSING FACILITIES.              dividual elects to enroll is not—
                                                 ‘‘(ii) EXCEPTION FOR REALLOTTED FUNDS.—A                Section 1819 of the Social Security Act (42            (aa) coverage that provides only excepted
                                               State or Indian tribe to which funds are pro-           U.S.C. 1395i–3) is amended by adding at the            benefits as defined in section 9832(c) of the
                                               vided under paragraph (4)(B) shall expend the           end the following new subsection:                      Internal Revenue Code of 1986, section 733(c)
                                               funds within 12 months after receipt.                     ‘‘(k) FUNDING FOR STRIKE TEAMS.—In addi-             of the Employee Retirement Income Secu-
                                                 ‘‘(7) SUSPENSION OF TERRITORY SPENDING                tion to amounts otherwise available, there is          rity Act of 1974, and section 2791(c) of the
                                               CAP.—Section 1108 shall not apply with re-              appropriated to the Secretary, out of any              Public Health Service Act;
                                               spect to any funds provided under this sub-             monies in the Treasury not otherwise appro-              (bb) a qualified small employer health re-
                                               section.                                                priated, $250,000,000, to remain available             imbursement arrangement (as defined in sec-
                                                 ‘‘(8) DEFINITIONS.—In this subsection:                until expended, for purposes of allocating             tion 9831(d)(2) of the Internal Revenue Code
                                                 ‘‘(A) APPLICABLE PERIOD.—The term ‘appli-             such amount among the States (including                of 1986); or
                                               cable period’ means the period that begins              the District of Columbia and each territory              (cc) a flexible spending arrangement (as de-
                                               with April 1, 2021, and ends with September             of the United States) for such a State to es-          fined in section 106(c)(2) of the Internal Rev-
                                               30, 2022.                                               tablish and implement a strike team that               enue Code of 1986).
                                                 ‘‘(B) NON-RECURRENT SHORT TERM BENE-                  will be deployed to a skilled nursing facility           (2) LIMITATION OF PERIOD OF PREMIUM AS-
                                               FITS.—The term ‘non-recurrent short term                in the State with diagnosed or suspected               SISTANCE.—
                                               benefits’ has the meaning given the term in             cases of COVID–19 among residents or staff               (A) ELIGIBILITY FOR ADDITIONAL COV-
                                               OMB approved Form ACF-196R, published on                for the purposes of assisting with clinical            ERAGE.—Paragraph (1)(A) shall not apply
                                               July 31, 2014.                                          care, infection control, or staffing during the        with respect to any assistance eligible indi-
                                                 ‘‘(C) STATE.—The term ‘State’ means the 50            emergency period described in section                  vidual described in paragraph (3) for months
                                               States of the United States, the District of            1135(g)(1)(B) and the 1-year period imme-              of coverage beginning on or after the earlier
                                               Columbia, and the territories.                          diately following the end of such emergency            of—
                                                 ‘‘(D) TERRITORY.—The term ‘territory’                 period.’’.                                               (i) the first date that such individual is eli-
                                               means the Commonwealth of Puerto Rico,                    Subtitle F—Preserving Health Benefits for            gible for coverage under any other group
                                               the United States Virgin Islands, Guam,                                    Workers                             health plan (other than coverage consisting
                                               American Samoa, and the Commonwealth of                 SEC. 9501. PRESERVING HEALTH BENEFITS FOR              of only excepted benefits (as defined in sec-
                                               the Northern Mariana Islands.’’.                                    WORKERS.                                   tion 9832(c) of the Internal Revenue Code of
                                                    Subtitle D—Elder Justice and Support                 (a) PREMIUM ASSISTANCE FOR COBRA CON-                1986, section 733(c) of the Employee Retire-
                                                                  Guarantee                            TINUATION COVERAGE FOR INDIVIDUALS AND                 ment Income Security Act of 1974, and sec-
                                               SEC. 9301. ADDITIONAL FUNDING FOR AGING                 THEIR FAMILIES.—                                       tion 2791(c) of the Public Health Service
                                                          AND DISABILITY SERVICES PRO-                   (1) PROVISION OF PREMIUM ASSISTANCE.—                Act), coverage under a flexible spending ar-
                                                          GRAMS.                                         (A) REDUCTION OF PREMIUMS PAYABLE.—In                rangement (as defined in section 106(c)(2) of
                                                 Subtitle A of title XX of the Social Secu-            the case of any premium for a period of cov-           the Internal Revenue Code of 1986), coverage
                                               rity Act (42 U.S.C. 1397-1397h) is amended by           erage during the period beginning on the               under a qualified small employer health re-
                                               adding at the end the following:                        first day of the first month beginning after           imbursement arrangement (as defined in sec-
                                               ‘‘SEC. 2010. ADDITIONAL FUNDING FOR AGING               the date of the enactment of this Act, and             tion 9831(d)(2) of the Internal Revenue Code
                                                            AND DISABILITY SERVICES PRO-               ending on September 30, 2021, for COBRA                of 1986)), or eligible for benefits under the
                                                            GRAMS.                                     continuation coverage with respect to any              Medicare program under title XVIII of the
                                                  ‘‘(a)  APPROPRIATION.—In   addition to               assistance eligible individual described in            Social Security Act; or
                                               amounts otherwise available, there is appro-            paragraph (3), such individual shall be treat-           (ii) the earlier of—
                                               priated for fiscal year 2021, out of any money          ed for purposes of any COBRA continuation                (I) the date following the expiration of the
                                               in the Treasury not otherwise appropriated,             provision as having paid in full the amount            maximum period of continuation coverage
                                               $276,000,000, to remain available until ex-             of such premium.                                       required under the applicable COBRA con-
                                               pended, to carry out the programs described               (B) PLAN ENROLLMENT OPTION.—                         tinuation coverage provision; or
                                               in subtitle B.                                            (i) IN GENERAL.—Solely for purposes of this            (II) the date following the expiration of the
                                                 ‘‘(b) USE OF FUNDS.—Of the amounts made               subsection, the COBRA continuation provi-              period of continuation coverage allowed
                                               available by subsection (a)—                            sions shall be applied such that any assist-           under paragraph (4)(B)(ii).
                                                 ‘‘(1) $88,000,000 shall be made available to          ance eligible individual who is enrolled in a            (B) NOTIFICATION REQUIREMENT.—Any as-
                                               carry out the programs described in subtitle            group health plan offered by a plan sponsor            sistance eligible individual shall notify the
                                               B in fiscal year 2021, of which not less than           may, not later than 90 days after the date of          group health plan with respect to which
                                               an amount equal to $100,0000,000 minus the              notice of the plan enrollment option de-               paragraph (1)(A) applies if such paragraph
                                               amount previously provided in fiscal year               scribed in this subparagraph, elect to enroll          ceases to apply by reason of clause (i) of sub-
                                               2021 to carry out section 2042(b) shall be              in coverage under a plan offered by such plan          paragraph (A) (as applicable). Such notice
                                               made available to carry out such section;               sponsor that is different than coverage under          shall be provided to the group health plan in
                                               and                                                     the plan in which such individual was en-              such time and manner as may be specified by
                                                 ‘‘(2) $188,000,000 shall be made available to         rolled at the time, in the case of any assist-         the Secretary of Labor.
                                               carry out the programs described in subtitle            ance eligible individual described in para-              (3) ASSISTANCE ELIGIBLE INDIVIDUAL.—For
                                               B in fiscal year 2022, of which not less than           graph (3), the qualifying event specified in           purposes of this section, the term ‘‘assist-
                                               $100,000,000 shall be for activities described in       section 603(2) of the Employee Retirement              ance eligible individual’’ means, with respect
                                               section 2042(b).’’.                                     Income Security Act of 1974, section                   to a period of coverage during the period be-
                                                   Subtitle E—Support to Skilled Nursing               4980B(f)(3)(B) of the Internal Revenue Code of         ginning on the first day of the first month
                                                      Facilities in Response to COVID–19               1986, or section 2203(2) of the Public Health          beginning after the date of the enactment of
                                               SEC. 9401. PROVIDING FOR INFECTION CONTROL
                                                                                                       Service Act, except for the voluntary termi-           this Act, and ending on September 30, 2021,
                                                           SUPPORT TO SKILLED NURSING FA-              nation of such individual’s employment by              any individual that is a qualified beneficiary
                                                           CILITIES  THROUGH    CONTRACTS              such individual, occurred, and such coverage           who—
                                                           WITH QUALITY IMPROVEMENT OR-                shall be treated as COBRA continuation cov-              (A) is eligible for COBRA continuation cov-
                                                           GANIZATIONS.                                erage for purposes of the applicable COBRA             erage by reason of a qualifying event speci-
                                                 Section 1862(g) of the Social Security Act            continuation coverage provision.                       fied in section 603(2) of the Employee Retire-
                                               (42 U.S.C. 1395y(g)) is amended—                          (ii) REQUIREMENTS.—Any assistance eligi-             ment Income Security Act of 1974, section




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                                                 (1) by striking ‘‘The Secretary’’ and insert-         ble individual may elect to enroll in dif-             4980B(f)(3)(B) of the Internal Revenue Code of
                                               ing ‘‘(1) The Secretary’’; and                          ferent coverage as described in clause (i)             1986, or section 2203(2) of the Public Health
                                                 (2) by adding at the end the following new            only if—                                               Service Act, except for the voluntary termi-
                                               paragraph:                                                (I) the employer involved has made a de-             nation of such individual’s employment by
                                                 ‘‘(2) In addition to any funds otherwise              termination that such employer will permit             such individual; and
                                               available, there are appropriated to the Sec-           such assistance eligible individual to enroll            (B) elects such coverage.
                                               retary, out of any monies in the Treasury               in different coverage as provided under this             (4) EXTENSION OF ELECTION PERIOD AND EF-
                                               not otherwise obligated, $200,000,000, to re-           subparagraph;                                          FECT ON COVERAGE.—




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                                               S1086                                             CONGRESSIONAL RECORD — SENATE                                                          March 4, 2021
                                                 (A) IN GENERAL.—For purposes of applying                (B) SPECIFIC REQUIREMENTS.—Each addi-                sistance eligible individual pursuant to a
                                               section 605(a) of the Employee Retirement               tional notification under subparagraph (A)             limitation requiring a notice under this
                                               Income Security Act of 1974, section                    shall include—                                         paragraph, the period beginning on the day
                                               4980B(f)(5)(A) of the Internal Revenue Code of            (i) the forms necessary for establishing eli-        that is 45 days before the date of such expira-
                                               1986, and section 2205(a) of the Public Health          gibility for premium assistance under this             tion and ending on the day that is 15 days be-
                                               Service Act, in the case of—                            subsection;                                            fore the date of such expiration.
                                                 (i) an individual who does not have an elec-            (ii) the name, address, and telephone num-             (D) MODEL NOTICES.—Not later than 45 days
                                               tion of COBRA continuation coverage in ef-              ber necessary to contact the plan adminis-             after the date of enactment of this Act, with
                                               fect on the first day of the first month begin-         trator and any other person maintaining rel-           respect to any assistance eligible individual,
                                               ning after the date of the enactment of this            evant information in connection with such              the Secretary of Labor, in consultation with
                                               Act but who would be an assistance eligible             premium assistance;                                    the Secretary of the Treasury and the Sec-
                                               individual described in paragraph (3) if such             (iii) a description of the extended election         retary of Health and Human Services, shall
                                               election were so in effect; or                          period provided for in paragraph (4)(A);               prescribe models for the notification re-
                                                 (ii) an individual who elected COBRA con-               (iv) a description of the obligation of the          quired under this paragraph.
                                               tinuation coverage and discontinued from                qualified beneficiary under paragraph (2)(B)             (7) REGULATIONS.—The Secretary of the
                                               such coverage before the first day of the first         and the penalty provided under section 6720C           Treasury and the Secretary of Labor may
                                               month beginning after the date of the enact-            of the Internal Revenue Code of 1986 for fail-         jointly prescribe such regulations or other
                                               ment of this Act,                                       ure to carry out the obligation;                       guidance as may be necessary or appropriate
                                                                                                         (v) a description, displayed in a prominent
                                               such individual may elect the COBRA con-                                                                       to carry out the provisions of this sub-
                                                                                                       manner, of the qualified beneficiary’s right
                                               tinuation coverage under the COBRA con-                                                                        section, including the prevention of fraud
                                                                                                       to a subsidized premium and any conditions
                                               tinuation coverage provisions containing                                                                       and abuse under this subsection, except that
                                                                                                       on entitlement to the subsidized premium;
                                               such provisions during the period beginning                                                                    the Secretary of Labor and the Secretary of
                                                                                                       and
                                               on the first day of the first month beginning                                                                  Health and Human Services may prescribe
                                                                                                         (vi) a description of the option of the quali-
                                               after the date of the enactment of this Act                                                                    such regulations (including interim final
                                                                                                       fied beneficiary to enroll in different cov-
                                               and ending 60 days after the date on which                                                                     regulations) or other guidance as may be
                                                                                                       erage if the employer permits such bene-
                                               the notification required under paragraph               ficiary to elect to enroll in such different           necessary or appropriate to carry out the
                                               (5)(C) is provided to such individual.                  coverage under paragraph (1)(B).                       provisions of paragraphs (5), (6), and (8).
                                                 (B) COMMENCEMENT OF COBRA CONTINUATION                  (C) NOTICE IN CONNECTION WITH EXTENDED                 (8) OUTREACH.—
                                               COVERAGE.—Any COBRA continuation cov-                                                                            (A) IN GENERAL.—The Secretary of Labor,
                                                                                                       ELECTION PERIODS.—In the case of any assist-
                                               erage elected by a qualified beneficiary dur-           ance eligible individual described in para-            in consultation with the Secretary of the
                                               ing an extended election period under sub-              graph (3) (or any individual described in              Treasury and the Secretary of Health and
                                               paragraph (A)—                                          paragraph (4)(A)) who became entitled to               Human Services, shall provide outreach con-
                                                 (i) shall commence (including for purposes            elect COBRA continuation coverage before               sisting of public education and enrollment
                                               of applying the treatment of premium pay-               the first day of the first month beginning             assistance relating to premium assistance
                                               ments under paragraph (1)(A) and any cost-              after the date of the enactment of this Act,           provided under this subsection. Such out-
                                               sharing requirements for items and services             the administrator of the applicable group              reach shall target employers, group health
                                               under a group health plan) with the first pe-           health plan (or other entity) shall provide            plan administrators, public assistance pro-
                                               riod of coverage beginning on or after the              (within 60 days after such first day of such           grams, States, insurers, and other entities as
                                               first day of the first month beginning after            first month) for the additional notification           determined appropriate by such Secretaries.
                                               the date of the enactment of this Act, and              required to be provided under subparagraph             Such outreach shall include an initial focus
                                                 (ii) shall not extend beyond the period of            (A) and failure to provide such notice shall           on those individuals electing continuation
                                               COBRA continuation coverage that would                  be treated as a failure to meet the notice re-         coverage who are referred to in paragraph
                                               have been required under the applicable                 quirements under the applicable COBRA con-             (5)(C). Information on such premium assist-
                                               COBRA continuation coverage provision if                tinuation provision.                                   ance, including enrollment, shall also be
                                               the coverage had been elected as required                 (D) MODEL NOTICES.—Not later than 30 days            made available on websites of the Depart-
                                               under such provision or had not been discon-            after the date of enactment of this Act, with          ments of Labor, Treasury, and Health and
                                               tinued.                                                 respect to any assistance eligible individual          Human Services.
                                                 (5) NOTICES TO INDIVIDUALS.—                          described in paragraph (3), the Secretary of             (B) ENROLLMENT UNDER MEDICARE.—The
                                                 (A) GENERAL NOTICE.—                                  Labor, in consultation with the Secretary of           Secretary of Health and Human Services
                                                 (i) IN GENERAL.—In the case of notices pro-           the Treasury and the Secretary of Health               shall provide outreach consisting of public
                                               vided under section 606(a)(4) of the Employee           and Human Services, shall prescribe models             education. Such outreach shall target indi-
                                               Retirement Income Security Act of 1974 (29              for the additional notification required               viduals who lose health insurance coverage.
                                               U.S.C. 1166(4)), section 4980B(f)(6)(D) of the          under this paragraph.                                  Such outreach shall include information re-
                                               Internal Revenue Code of 1986, or section                 (6) NOTICE OF EXPIRATION OF PERIOD OF PRE-           garding enrollment for Medicare benefits for
                                               2206(4) of the Public Health Service Act (42            MIUM ASSISTANCE.—                                      purposes of preventing mistaken delays of
                                               U.S.C. 300bb–6(4)), with respect to individuals           (A) IN GENERAL.—With respect to any as-              such enrollment by such individuals, includ-
                                               who, during the period described in para-               sistance eligible individual, subject to sub-          ing lifetime penalties for failure of timely
                                               graph (3), become entitled to elect COBRA               paragraph (B), the requirements of section             enrollment.
                                               continuation coverage, the requirements of              606(a)(4) of the Employee Retirement Income              (9) DEFINITIONS.—For purposes of this sec-
                                               such provisions shall not be treated as met             Security Act of 1974 (29 U.S.C. 1166(4)), sec-         tion:
                                               unless such notices include an additional               tion 4980B(f)(6)(D) of the Internal Revenue              (A) ADMINISTRATOR.—The term ‘‘adminis-
                                               written notification to the recipient in clear          Code of 1986, or section 2206(4) of the Public         trator’’ has the meaning given such term in
                                               and understandable language of—                         Health Service Act (42 U.S.C. 300bb–6(4)),             section 3(16)(A) of the Employee Retirement
                                                 (I) the availability of premium assistance            shall not be treated as met unless the plan            Income Security Act of 1974, and includes a
                                               with respect to such coverage under this sub-           administrator of the individual, during the            COBRA administrator.
                                               section; and                                            period specified under subparagraph (C), pro-            (B) COBRA CONTINUATION COVERAGE.—The
                                                 (II) the option to enroll in different cov-           vides to such individual a written notice in           term     ‘‘COBRA    continuation     coverage’’
                                               erage if the employer permits assistance eli-           clear and understandable language—                     means continuation coverage provided pur-
                                               gible individuals described in paragraph (3)              (i) that the premium assistance for such             suant to part 6 of subtitle B of title I of the
                                               to elect enrollment in different coverage (as           individual will expire soon and the promi-             Employee Retirement Income Security Act
                                               described in paragraph (1)(B)).                         nent identification of the date of such expi-          of 1974 (other than under section 609), title
                                                 (ii) ALTERNATIVE NOTICE.—In the case of               ration; and                                            XXII of the Public Health Service Act, or
                                               COBRA continuation coverage to which the                  (ii) that such individual may be eligible for        section 4980B of the Internal Revenue Code of
                                               notice provision under such sections does not           coverage without any premium assistance                1986 (other than subsection (f)(1) of such sec-
                                               apply, the Secretary of Labor, in consulta-             through—                                               tion insofar as it relates to pediatric vac-
                                               tion with the Secretary of the Treasury and               (I) COBRA continuation coverage; or                  cines), or under a State program that pro-
                                               the Secretary of Health and Human Services,               (II) coverage under a group health plan.             vides comparable continuation coverage.
                                               shall, in consultation with administrators of             (B) EXCEPTION.—The requirement for the               Such term does not include coverage under a
                                               the group health plans (or other entities)              group health plan administrator to provide             health flexible spending arrangement under




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                                               that provide or administer the COBRA con-               the written notice under subparagraph (A)              a cafeteria plan within the meaning of sec-
                                               tinuation coverage involved, provide rules              shall be waived if the premium assistance for          tion 125 of the Internal Revenue Code of 1986.
                                               requiring the provision of such notice.                 such individual expires pursuant to clause (i)           (C) COBRA CONTINUATION PROVISION.—The
                                                 (iii) FORM.—The requirement of the addi-              of paragraph (2)(A).                                   term ‘‘COBRA continuation provision’’
                                               tional notification under this subparagraph               (C) PERIOD SPECIFIED.—For purposes of sub-           means the provisions of law described in sub-
                                               may be met by amendment of existing notice              paragraph (A), the period specified in this            paragraph (B).
                                               forms or by inclusion of a separate document            subparagraph is, with respect to the date of             (D) COVERED EMPLOYEE.—The term ‘‘cov-
                                               with the notice otherwise required.                     expiration of premium assistance for any as-           ered employee’’ has the meaning given such




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                                               March 4, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                     S1087
                                               term in section 607(2) of the Employee Re-              quarter shall not exceed the tax imposed by              ‘‘(g) REGULATIONS.—The Secretary shall
                                               tirement Income Security Act of 1974.                   section 3111(b), or so much of the taxes im-           issue such regulations, or other guidance,
                                                  (E) QUALIFIED BENEFICIARY.—The term                  posed under section 3221(a) as are attrib-             forms, instructions, and publications, as may
                                               ‘‘qualified beneficiary’’ has the meaning               utable to the rate in effect under section             be necessary or appropriate to carry out this
                                               given such term in section 607(3) of the Em-            3111(b), for such calendar quarter (reduced by         section, including—
                                               ployee Retirement Income Security Act of                any credits allowed against such taxes under             ‘‘(1) the requirement to report information
                                               1974.                                                   sections 3131, 3132, and 3134) on the wages            or the establishment of other methods for
                                                  (F) GROUP HEALTH PLAN.—The term ‘‘group              paid with respect to the employment of all             verifying the correct amounts of reimburse-
                                               health plan’’ has the meaning given such                employees of the employer.                             ments under this section,
                                               term in section 607(1) of the Employee Re-                 ‘‘(2) REFUNDABILITY OF EXCESS CREDIT.—                ‘‘(2) the application of this section to group
                                               tirement Income Security Act of 1974.                      ‘‘(A) CREDIT IS REFUNDABLE.—If the amount           health plans that are multiemployer plans
                                                  (G) STATE.—The term ‘‘State’’ includes the           of the credit under subsection (a) exceeds the         (as defined in section 3(37) of the Employee
                                               District of Columbia, the Commonwealth of               limitation of paragraph (1) for any calendar           Retirement Income Security Act of 1974),
                                               Puerto Rico, the Virgin Islands, Guam,                  quarter, such excess shall be treated as an              ‘‘(3) to allow the advance payment of the
                                               American Samoa, and the Commonwealth of                 overpayment that shall be refunded under               credit determined under subsection (a), sub-
                                               the Northern Mariana Islands.                           sections 6402(a) and 6413(b).                          ject to the limitations provided in this sec-
                                                  (H) PERIOD OF COVERAGE.—Any reference in                ‘‘(B) CREDIT MAY BE ADVANCED.—In antici-            tion, based on such information as the Sec-
                                               this subsection to a period of coverage shall           pation of the credit, including the refundable         retary shall require,
                                               be treated as a reference to a monthly or               portion under subparagraph (A), the credit               ‘‘(4) to provide for the reconciliation of
                                               shorter period of coverage with respect to              may be advanced, according to forms and in-            such advance payment with the amount of
                                               which premiums are charged with respect to              structions provided by the Secretary, up to            the credit at the time of filing the return of
                                               such coverage.                                          an amount calculated under subsection (a)              tax for the applicable quarter or taxable
                                                  (I) PLAN SPONSOR.—The term ‘‘plan spon-              through the end of the most recent payroll             year, and
                                               sor’’ has the meaning given such term in sec-           period in the quarter.                                   ‘‘(5) allowing the credit to third party
                                               tion 3(16)(B) of the Employee Retirement In-               ‘‘(C) TREATMENT OF DEPOSITS.—The Sec-               payors (including professional employer or-
                                               come Security Act of 1974.                              retary shall waive any penalty under section           ganizations, certified professional employer
                                                  (J) PREMIUM.—The term ‘‘premium’’ in-                6656 for any failure to make a deposit of the          organizations, or agents under section
                                               cludes, with respect to COBRA continuation              tax imposed by section 3111(b), or so much of          3504).’’.
                                               coverage, any administrative fee.                       the taxes imposed under section 3221(a) as               (B) CLERICAL AMENDMENT.—The table of
                                                  (10) IMPLEMENTATION FUNDING.—In addition             are attributable to the rate in effect under           sections for subchapter B of chapter 65 of the
                                               to amounts otherwise made available, out of             section 3111(b), if the Secretary determines           Internal Revenue Code of 1986 is amended by
                                               any funds in the Treasury not otherwise ap-             that such failure was due to the anticipation          adding at the end the following new item:
                                               propriated, there are appropriated to the               of the credit allowed under this section.              ‘‘Sec. 6432. Continuation coverage premium
                                               Secretary of Labor for fiscal year 2021,                   ‘‘(D) TREATMENT OF PAYMENTS.—For pur-                              assistance.’’.
                                               $10,000,000, to remain available until ex-              poses of section 1324 of title 31, United States         (C) EFFECTIVE DATE.—The amendments
                                               pended, for the Employee Benefits Security              Code, any amounts due to an employer under             made by this paragraph shall apply to pre-
                                               Administration to carry out the provisions              this paragraph shall be treated in the same            miums to which subsection (a)(1)(A) applies
                                               of this subtitle.                                       manner as a refund due from a credit provi-            and wages paid on or after April 1, 2021.
                                                  (b) COBRA PREMIUM ASSISTANCE.—                       sion referred to in subsection (b)(2) of such            (D) SPECIAL RULE IN CASE OF EMPLOYEE
                                                  (1) ALLOWANCE OF CREDIT.—                            section.                                               PAYMENT THAT IS NOT REQUIRED UNDER THIS
                                                  (A) IN GENERAL.—Subchapter B of chapter                 ‘‘(3) OVERSTATEMENTS.—Any overstatement             SECTION.—
                                               65 of the Internal Revenue Code of 1986 is              of the credit to which a person is entitled              (i) IN GENERAL.—In the case of an assist-
                                               amended by adding at the end the following              under this section (and any amount paid by             ance eligible individual who pays, with re-
                                               new section:                                            the Secretary as a result of such overstate-           spect any period of coverage to which sub-
                                               ‘‘SEC. 6432. CONTINUATION COVERAGE PREMIUM              ment) shall be treated as an underpayment              section (a)(1)(A) applies, any amount of the
                                                             ASSISTANCE.                               by such person of the taxes described in               premium for such coverage that the indi-
                                                  ‘‘(a) IN GENERAL.—The person to whom pre-            paragraph (1) and may be assessed and col-             vidual would have (but for this Act) been re-
                                               miums are payable for continuation cov-                 lected by the Secretary in the same manner             quired to pay, the person to whom such pay-
                                               erage under section 9501(a)(1) of the Amer-             as such taxes.                                         ment is payable shall reimburse such indi-
                                               ican Rescue Plan Act of 2021 shall be allowed              ‘‘(d) GOVERNMENTAL ENTITIES.—For pur-
                                               as a credit against the tax imposed by sec-                                                                    vidual for the amount of such premium paid.
                                                                                                       poses of this section, the term ‘person’ in-             (ii) CREDIT OF REIMBURSEMENT.—A person
                                               tion 3111(b), or so much of the taxes imposed           cludes the government of any State or polit-
                                               under section 3221(a) as are attributable to                                                                   to which clause (i) applies shall be allowed a
                                                                                                       ical subdivision thereof, any Indian tribal
                                               the rate in effect under section 3111(b), for                                                                  credit in the manner provided under section
                                                                                                       government (as defined in section 139E(c)(1)),
                                               each calendar quarter an amount equal to                                                                       6432 of the Internal Revenue Code of 1986 for
                                                                                                       any agency or instrumentality of any of the
                                               the premiums not paid by assistance eligible                                                                   any payment made to the employee under
                                                                                                       foregoing, and any agency or instrumen-
                                               individuals for such coverage by reason of                                                                     such clause.
                                                                                                       tality of the Government of the United
                                               such section 9501(a)(1) with respect to such            States that is described in section 501(c)(1)            (iii) PAYMENT OF CREDITS.—Any person to
                                               calendar quarter.                                       and exempt from taxation under section                 which clause (i) applies shall make the pay-
                                                 ‘‘(b) PERSON TO WHOM PREMIUMS ARE PAY-                501(a).                                                ment required under such clause to the indi-
                                               ABLE.—For purposes of subsection (a), except               ‘‘(e) DENIAL OF DOUBLE BENEFIT.—For pur-            vidual not later than 60 days after the date
                                               as otherwise provided by the Secretary, the             poses of chapter 1, the gross income of any            on which such individual made the premium
                                               person to whom premiums are payable under               person allowed a credit under this section             payment.
                                               such continuation coverage shall be treated             shall be increased for the taxable year which            (2) PENALTY FOR FAILURE TO NOTIFY HEALTH
                                               as being—                                               includes the last day of any calendar quarter          PLAN OF CESSATION OF ELIGIBILITY FOR PRE-
                                                 ‘‘(1) in the case of any group health plan            with respect to which such credit is allowed           MIUM ASSISTANCE.—
                                               which is a multiemployer plan (as defined in            by the amount of such credit. No credit shall            (A) IN GENERAL.—Part I of subchapter B of
                                               section 3(37) of the Employee Retirement In-            be allowed under this section with respect to          chapter 68 of the Internal Revenue Code of
                                               come Security Act of 1974), the plan,                   any amount which is taken into account as              1986 is amended by adding at the end the fol-
                                                 ‘‘(2) in the case of any group health plan            qualified wages under section 2301 of the              lowing new section:
                                               not described in paragraph (1)—                         CARES Act or section 3134 of this title or as          ‘‘SEC. 6720C. PENALTY FOR FAILURE TO NOTIFY
                                                 ‘‘(A) which is subject to the COBRA con-              qualified health plan expenses under section                        HEALTH PLAN OF CESSATION OF
                                               tinuation provisions contained in—                      7001(d) or 7003(d) of the Families First                            ELIGIBILITY FOR CONTINUATION
                                                 ‘‘(i) the Internal Revenue Code of 1986,              Coronavirus Response Act or section 3131 or                         COVERAGE PREMIUM ASSISTANCE.
                                                 ‘‘(ii) the Employee Retirement Income Se-             3132 of this title.                                      ‘‘(a) IN GENERAL.—Except in the case of a
                                               curity Act of 1974, or                                     ‘‘(f) EXTENSION OF LIMITATION ON ASSESS-            failure described in subsection (b) or (c), any
                                                 ‘‘(iii) the Public Health Service Act, or             MENT.—Notwithstanding section 6501, the                person required to notify a group health plan
                                                 ‘‘(B) under which some or all of the cov-             limitation on the time period for the assess-          under section 9501(a)(2)(B) of the American
                                               erage is not provided by insurance,                     ment of any amount attributable to a credit            Rescue Plan Act of 2021 who fails to make
                                               the employer maintaining the plan, and                  claimed under this section shall not expire            such a notification at such time and in such




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                                                 ‘‘(3) in the case of any group health plan            before the date that is 5 years after the later        manner as the Secretary of Labor may re-
                                               not described in paragraph (1) or (2), the in-          of—                                                    quire shall pay a penalty of $250 for each
                                               surer providing the coverage under the group               ‘‘(1) the date on which the original return         such failure.
                                               health plan.                                            which includes the calendar quarter with re-             ‘‘(b) INTENTIONAL FAILURE.—In the case of
                                                 ‘‘(c) LIMITATIONS AND REFUNDABILITY.—                 spect to which such credit is determined is            any such failure that is fraudulent, such per-
                                                 ‘‘(1) CREDIT LIMITED TO CERTAIN EMPLOY-               filed, or                                              son shall pay a penalty equal to the greater
                                               MENT TAXES.—The credit allowed by sub-                     ‘‘(2) the date on which such return is treat-       of—
                                               section (a) with respect to any calendar                ed as filed under section 6501(b)(2).                    ‘‘(1) $250, or




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                                               S1088                                             CONGRESSIONAL RECORD — SENATE                                                          March 4, 2021
                                                 ‘‘(2) 110 percent of the premium assistance              ‘‘(c) ELIGIBLE INDIVIDUAL.—For purposes of            ‘‘(G) MATHEMATICAL OR CLERICAL ERROR AU-
                                               provided under section 9501(a)(1)(A) of the             this section, the term ‘eligible individual’           THORITY.—Any omission of a correct valid
                                               American Rescue Plan Act of 2021 after ter-             means any individual other than—                       identification number required under this
                                               mination of eligibility under such section.                ‘‘(1) any nonresident alien individual,             paragraph shall be treated as a mathe-
                                                 ‘‘(c) REASONABLE CAUSE EXCEPTION.—No                     ‘‘(2) any individual who is a dependent of          matical or clerical error for purposes of ap-
                                               penalty shall be imposed under this section             another taxpayer for a taxable year begin-             plying section 6213(g)(2) to such omission.
                                               with respect to any failure if it is shown that         ning in the calendar year in which the indi-             ‘‘(3) CREDIT TREATED AS REFUNDABLE.—The
                                               such failure is due to reasonable cause and             vidual’s taxable year begins, and                      credit allowed by subsection (a) shall be
                                               not to willful neglect.’’.                                 ‘‘(3) an estate or trust.                           treated as allowed by subpart C of part IV of
                                                 (B) CLERICAL AMENDMENT.—The table of                     ‘‘(d) LIMITATION BASED ON ADJUSTED GROSS            subchapter A of chapter 1.
                                               sections of part I of subchapter B of chapter           INCOME.—                                                 ‘‘(f) COORDINATION WITH ADVANCE REFUNDS
                                               68 of such Code is amended by adding at the                ‘‘(1) IN GENERAL.—The amount of the credit          OF CREDIT.—
                                               end the following new item:                             allowed by subsection (a) (determined with-              ‘‘(1) REDUCTION OF REFUNDABLE CREDIT.—
                                               ‘‘Sec. 6720C. Penalty for failure to notify             out regard to this subsection and subsection           The amount of the credit which would (but
                                                              health plan of cessation of eli-         (f)) shall be reduced (but not below zero) by          for this paragraph) be allowable under sub-
                                                              gibility for continuation cov-           the amount which bears the same ratio to
                                                                                                                                                              section (a) shall be reduced (but not below
                                                              erage premium assistance.’’.             such credit (as so determined) as—
                                                                                                                                                              zero) by the aggregate refunds and credits
                                                 (3) C OORDINATION   WITH HCTC.—                          ‘‘(A) the excess of—
                                                                                                                                                              made or allowed to the taxpayer (or, except
                                                 (A) I N GENERAL  .—Section 35(g)(9) of the In-           ‘‘(i) the taxpayer’s adjusted gross income
                                                                                                                                                              as otherwise provided by the Secretary, any
                                               ternal Revenue Code of 1986 is amended to               for such taxable year, over
                                                                                                                                                              dependent of the taxpayer) under subsection
                                               read as follows:                                           ‘‘(ii) $75,000, bears to
                                                                                                                                                              (g). Any failure to so reduce the credit shall
                                                 ‘‘(9) CONTINUATION COVERAGE PREMIUM AS-                  ‘‘(B) $5,000.
                                                                                                                                                              be treated as arising out of a mathematical
                                               SISTANCE.—In the case of an assistance eligi-
                                                                                                          ‘‘(2) SPECIAL RULES.—
                                                                                                                                                              or clerical error and assessed according to
                                               ble individual who receives premium assist-                ‘‘(A) JOINT RETURN OR SURVIVING SPOUSE.—
                                                                                                                                                              section 6213(b)(1).
                                               ance for continuation coverage under section            In the case of a joint return or a surviving
                                                                                                       spouse (as defined in section 2(a)), paragraph           ‘‘(2) JOINT RETURNS.—Except as otherwise
                                               9501(a)(1) of the American Rescue Plan Act of                                                                  provided by the Secretary, in the case of a
                                                                                                       (1) shall be applied by substituting ‘$150,000’
                                               2021 for any month during the taxable year,                                                                    refund or credit made or allowed under sub-
                                                                                                       for ‘$75,000’ and ‘$10,000’ for ‘$5,000’.
                                               such individual shall not be treated as an eli-                                                                section (g) with respect to a joint return,
                                                                                                          ‘‘(B) HEAD OF HOUSEHOLD.—In the case of a
                                               gible individual, a certified individual, or a                                                                 half of such refund or credit shall be treated
                                                                                                       head of household (as defined in section 2(b)),
                                               qualifying family member for purposes of                                                                       as having been made or allowed to each indi-
                                                                                                       paragraph (1) shall be applied by substituting
                                               this section or section 7527 with respect to                                                                   vidual filing such return.
                                                                                                       ‘$112,500’ for ‘$75,000’ and ‘$7,500’ for ‘$5,000’.
                                               such month.’’.                                             ‘‘(e) DEFINITIONS AND SPECIAL RULES.—                 ‘‘(g) ADVANCE REFUNDS AND CREDITS.—
                                                 (B) EFFECTIVE DATE.—The amendment                        ‘‘(1) DEPENDENT DEFINED.—For purposes of              ‘‘(1) IN GENERAL.—Subject to paragraphs (5)
                                               made by subparagraph (A) shall apply to tax-            this section, the term ‘dependent’ has the             and (6), each individual who was an eligible
                                               able years ending after the date of the enact-          meaning given such term by section 152.                individual for such individual’s first taxable
                                               ment of this Act.                                          ‘‘(2) IDENTIFICATION NUMBER REQUIRE-                year beginning in 2019 shall be treated as
                                                 (4) EXCLUSION OF CONTINUATION COVERAGE                MENT.—                                                 having made a payment against the tax im-
                                               PREMIUM ASSISTANCE FROM GROSS INCOME.—                     ‘‘(A) IN GENERAL.—In the case of a return           posed by chapter 1 for such taxable year in
                                                 (A) IN GENERAL.—Part III of subchapter B              other than a joint return, the $1,400 amount           an amount equal to the advance refund
                                               of chapter 1 of the Internal Revenue Code of            in subsection (b)(1) shall be treated as being         amount for such taxable year.
                                               1986 is amended by inserting after section              zero unless the taxpayer includes the valid              ‘‘(2) ADVANCE REFUND AMOUNT.—
                                               139H the following new section:                         identification number of the taxpayer on the             ‘‘(A) IN GENERAL.—For purposes of para-
                                               ‘‘SEC. 139I. CONTINUATION COVERAGE PREMIUM              return of tax for the taxable year.                    graph (1), the advance refund amount is the
                                                             ASSISTANCE.                                  ‘‘(B) JOINT RETURNS.—In the case of a joint         amount that would have been allowed as a
                                                 ‘‘In the case of an assistance eligible indi-         return, the $2,800 amount in subsection (b)(1)         credit under this section for such taxable
                                               vidual (as defined in subsection (a)(3) of sec-         shall be treated as being—                             year if this section (other than subsection (f)
                                               tion 9501 of the American Rescue Plan Act of               ‘‘(i) $1,400 if the valid identification num-       and this subsection) had applied to such tax-
                                               2021), gross income does not include any pre-           ber of only 1 spouse is included on the return         able year.
                                               mium assistance provided under subsection               of tax for the taxable year, and                         ‘‘(B) TREATMENT OF DECEASED INDIVID-
                                               (a)(1) of such section.’’.                                 ‘‘(ii) zero if the valid identification number      UALS.—For purposes of determining the ad-
                                                 (B) CLERICAL AMENDMENT.—The table of                  of neither spouse is so included.                      vance refund amount with respect to such
                                               sections for part III of subchapter B of chap-             ‘‘(C) DEPENDENTS.—A dependent shall not             taxable year—
                                               ter 1 of such Code is amended by inserting              be taken into account under subsection (b)(2)            ‘‘(i) any individual who was deceased be-
                                               after the item relating to section 139H the             unless the valid identification number of              fore January 1, 2021, shall be treated for pur-
                                               following new item:                                     such dependent is included on the return of            poses of applying subsection (e)(2) in the
                                               ‘‘Sec. 139I. Continuation coverage premium              tax for the taxable year.                              same manner as if the valid identification
                                                              assistance.’’.                              ‘‘(D) VALID IDENTIFICATION NUMBER.—                 number of such person was not included on
                                                 (C) EFFECTIVE DATE.—The amendments                       ‘‘(i) IN GENERAL.—For purposes of this              the return of tax for such taxable year (ex-
                                               made by this paragraph shall apply to tax-              paragraph, the term ‘valid identification              cept that subparagraph (E) thereof shall not
                                               able years ending after the date of the enact-          number’ means a social security number                 apply),
                                               ment of this Act.                                       issued to an individual by the Social Secu-              ‘‘(ii) notwithstanding clause (i), in the case
                                                 Subtitle G—Promoting Economic Security                rity Administration on or before the due               of a joint return with respect to which only
                                                  PART 1—2021 RECOVERY REBATES TO                      date for filing the return for the taxable             1 spouse is deceased before January 1, 2021,
                                                                INDIVIDUALS                            year.                                                  such deceased spouse was a member of the
                                               SEC. 9601. 2021 RECOVERY REBATES TO INDIVID-               ‘‘(ii) ADOPTION TAXPAYER IDENTIFICATION             Armed Forces of the United States at any
                                                            UALS.                                      NUMBER.—For purposes of subparagraph (C),              time during the taxable year, and the valid
                                                 (a) IN GENERAL.—Subchapter B of chapter               in the case of a dependent who is adopted or           identification number of such deceased
                                               65 of the Internal Revenue Code of 1986 is              placed for adoption, the term ‘valid identi-           spouse is included on the return of tax for
                                               amended by inserting after section 6428A the            fication number’ shall include the adoption            the taxable year, the valid identification
                                               following new section:                                  taxpayer identification number of such de-             number of 1 (and only 1) spouse shall be
                                               ‘‘SEC. 6428B. 2021 RECOVERY REBATES TO INDI-            pendent.                                               treated as included on the return of tax for
                                                            VIDUALS.                                      ‘‘(E) SPECIAL RULE FOR MEMBERS OF THE               the taxable year for purposes of applying
                                                  ‘‘(a) IN GENERAL.—In the case of an eligible         ARMED FORCES.—Subparagraph (B) shall not               subsection (e)(2)(B) with respect to such
                                               individual, there shall be allowed as a credit          apply in the case where at least 1 spouse was          joint return, and
                                               against the tax imposed by subtitle A for the           a member of the Armed Forces of the United               ‘‘(iii) no amount shall be determined under
                                               first taxable year beginning in 2021 an                 States at any time during the taxable year             subsection (e)(2) with respect to any depend-
                                               amount equal to the 2021 rebate amount de-              and the valid identification number of at              ent of the taxpayer if the taxpayer (both
                                               termined for such taxable year.                         least 1 spouse is included on the return of            spouses in the case of a joint return) was de-
                                                 ‘‘(b) 2021 REBATE AMOUNT.—For purposes of             tax for the taxable year.                              ceased before January 1, 2021.




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                                               this section, the term ‘2021 rebate amount’                ‘‘(F) COORDINATION WITH CERTAIN ADVANCE               ‘‘(3) TIMING AND MANNER OF PAYMENTS.—
                                               means, with respect to any taxpayer for any             PAYMENTS.—In the case of any payment de-               The Secretary shall, subject to the provi-
                                               taxable year, the sum of—                               termined pursuant to subsection (g)(6), a              sions of this title and consistent with rules
                                                 ‘‘(1) $1,400 ($2,800 in the case of a joint re-       valid identification number shall be treated           similar to the rules of subparagraphs (B) and
                                               turn), plus                                             for purposes of this paragraph as included on          (C) of section 6428A(f)(3), refund or credit any
                                                 ‘‘(2) $1,400 multiplied by the number of de-          the taxpayer’s return of tax if such valid             overpayment attributable to this subsection
                                               pendents of the taxpayer for such taxable               identification number is available to the              as rapidly as possible, consistent with a
                                               year.                                                   Secretary as described in such subsection.             rapid effort to make payments attributable




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                                               March 4, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                        S1089
                                               to such overpayments electronically if ap-                ‘‘(1) regulations or other guidance pro-               (A) to whom a credit is allowed against
                                               propriate. No refund or credit shall be made            viding taxpayers the opportunity to provide            taxes imposed by the possession by reason of
                                               or allowed under this subsection after De-              the Secretary information sufficient to allow          the amendments made by this section, or
                                               cember 31, 2021.                                        the Secretary to make payments to such                   (B) who is eligible for a payment under a
                                                 ‘‘(4) NO INTEREST.—No interest shall be al-           taxpayers under subsection (g) (including the          plan described in paragraph (2).
                                               lowed on any overpayment attributable to                determination of the amount of such pay-                 (5) MIRROR CODE TAX SYSTEM.—For pur-
                                               this subsection.                                        ment) if such information is not otherwise             poses of this subsection, the term ‘‘mirror
                                                 ‘‘(5) APPLICATION TO INDIVIDUALS WHO HAVE             available to the Secretary, and                        code tax system’’ means, with respect to any
                                               FILED A RETURN OF TAX FOR 2020.—                          ‘‘(2) regulations or other guidance to en-           possession of the United States, the income
                                                 ‘‘(A) APPLICATION TO 2020 RETURNS FILED AT            sure to the maximum extent administra-                 tax system of such possession if the income
                                               TIME OF INITIAL DETERMINATION.—If, at the               tively practicable that, in determining the            tax liability of the residents of such posses-
                                               time of any determination made pursuant to              amount of any credit under subsection (a)              sion under such system is determined by ref-
                                               paragraph (3), the individual referred to in            and any credit or refund under subsection              erence to the income tax laws of the United
                                               paragraph (1) has filed a return of tax for the         (g), an individual is not taken into account           States as if such possession were the United
                                               individual’s first taxable year beginning in            more than once, including by different tax-            States.
                                               2020, paragraph (1) shall be applied with re-           payers and including by reason of a change               (6) TREATMENT OF PAYMENTS.—For purposes
                                               spect to such individual by substituting                in joint return status or dependent status be-         of section 1324 of title 31, United States Code,
                                               ‘2020’ for ‘2019’.                                      tween the taxable year for which an advance            the payments under this subsection shall be
                                                 ‘‘(B) ADDITIONAL PAYMENT.—                            refund amount is determined and the taxable            treated in the same manner as a refund due
                                                 ‘‘(i) IN GENERAL.—In the case of any indi-            year for which a credit under subsection (a)           from a credit provision referred to in sub-
                                               vidual who files, before the additional pay-            is determined.                                         section (b)(2) of such section.
                                               ment determination date, a return of tax for              ‘‘(i) OUTREACH.—The Secretary shall carry              (c) ADMINISTRATIVE PROVISIONS.—
                                               such individual’s first taxable year beginning                                                                   (1) DEFINITION OF DEFICIENCY.—Section
                                                                                                       out a robust and comprehensive outreach
                                               in 2020, the Secretary shall make a payment                                                                    6211(b)(4)(A) of the Internal Revenue Code of
                                                                                                       program to ensure that all taxpayers de-
                                               (in addition to any payment made under                                                                         1986 is amended by striking ‘‘6428, and 6428A’’
                                                                                                       scribed in subsection (h)(1) learn of their eli-
                                               paragraph (1)) to such individual equal to the                                                                 and inserting ‘‘6428, 6428A, and 6428B’’.
                                               excess (if any) of—                                     gibility for the advance refunds and credits
                                                                                                       under subsection (g); are advised of the op-             (2) EXCEPTION FROM REDUCTION OR OFF-
                                                 ‘‘(I) the amount which would be deter-                                                                       SET.—Any refund payable by reason of sec-
                                               mined under paragraph (1) (after the applica-           portunity to receive such advance refunds
                                                                                                       and credits as provided under subsection               tion 6428B(g) of the Internal Revenue Code of
                                               tion of subparagraph (A)) by applying para-                                                                    1986 (as added by this section), or any such
                                               graph (1) as of the additional payment deter-           (h)(1); and are provided assistance in apply-
                                                                                                                                                              refund payable by reason of subsection (b) of
                                               mination date, over                                     ing for such advance refunds and credits.’’.
                                                                                                                                                              this section, shall not be —
                                                 ‘‘(II) the amount of any payment made                   (b) TREATMENT OF CERTAIN POSSESSIONS.—                 (A) subject to reduction or offset pursuant
                                               with respect to such individual under para-               (1) PAYMENTS TO POSSESSIONS WITH MIRROR              to subsection (c), (d), (e), or (f) of section 6402
                                               graph (1).                                              CODE TAX SYSTEMS.—The Secretary of the                 of the Internal Revenue Code of 1986, or
                                                 ‘‘(ii) ADDITIONAL PAYMENT DETERMINATION               Treasury shall pay to each possession of the             (B) reduced or offset by other assessed Fed-
                                               DATE.—The term ‘additional payment deter-               United States which has a mirror code tax              eral taxes that would otherwise be subject to
                                               mination date’ means the earlier of—                    system amounts equal to the loss (if any) to           levy or collection.
                                                 ‘‘(I) the date which is 90 days after the 2020        that possession by reason of the amendments              (3) CONFORMING AMENDMENTS.—
                                               calendar year filing deadline, or                       made by this section. Such amounts shall be              (A) Paragraph (2) of section 1324(b) of title
                                                 ‘‘(II) September 1, 2021.                             determined by the Secretary of the Treasury            31, United States Code, is amended by insert-
                                                 ‘‘(iii) 2020 CALENDAR YEAR FILING DEAD-               based on information provided by the gov-              ing ‘‘6428B,’’ after ‘‘6428A,’’.
                                               LINE.—The term ‘2020 calendar year filing               ernment of the respective possession.                    (B) The table of sections for subchapter B
                                               deadline’ means the date specified in section             (2) PAYMENTS TO OTHER POSSESSIONS.—The               of chapter 65 of the Internal Revenue Code of
                                               6072(a) with respect to returns for calendar            Secretary of the Treasury shall pay to each            1986 is amended by inserting after the item
                                               year 2020. Such date shall be determined                possession of the United States which does             relating to section 6428A the following new
                                               after taking into account any period dis-               not have a mirror code tax system amounts              item:
                                               regarded under section 7508A if such dis-               estimated by the Secretary of the Treasury
                                               regard applies to substantially all returns             as being equal to the aggregate benefits (if           ‘‘Sec. 6428B. 2021 recovery rebates to individ-
                                               for calendar year 2020 to which section                 any) that would have been provided to resi-                          uals.’’.
                                               6072(a) applies.                                        dents of such possession by reason of the                (d) APPROPRIATIONS.—Immediately upon
                                                 ‘‘(6) APPLICATION TO CERTAIN INDIVIDUALS              amendments made by this section if a mirror            the enactment of this Act, in addition to
                                               WHO HAVE NOT FILED A RETURN OF TAX FOR 2019             code tax system had been in effect in such             amounts otherwise available, there are ap-
                                               OR 2020 AT TIME OF DETERMINATION.—In the                possession. The preceding sentence shall not           propriated for fiscal year 2021, out of any
                                               case of any individual who, at the time of              apply unless the respective possession has a           money in the Treasury not otherwise appro-
                                               any determination made pursuant to para-                plan, which has been approved by the Sec-              priated:
                                               graph (3), has filed a tax return for neither           retary of the Treasury, under which such                 (1) $1,464,500,000 to remain available until
                                               the year described in paragraph (1) nor for             possession will promptly distribute such pay-          September 30, 2023 for necessary expenses for
                                               the year described in paragraph (5)(A), the             ments to its residents.                                the Internal Revenue Service for the admin-
                                               Secretary shall, consistent with rules simi-              (3) INCLUSION OF ADMINISTRATIVE EX-                  istration of the advance payments, the provi-
                                               lar to the rules of section 6428A(f)(5)(H)(i),          PENSES.—The Secretary of the Treasury shall            sion of taxpayer assistance, and the further-
                                               apply paragraph (1) on the basis of informa-            pay to each possession of the United States            ance of integrated, modernized, and secure
                                               tion available to the Secretary and shall, on           to which the Secretary makes a payment                 Internal Revenue Service systems, of which
                                               the basis of such information, determine the            under paragraph (1) or (2) an amount equal             up to $20,000,000 is available for premium pay
                                               advance refund amount with respect to such              to the lesser of—                                      for services related to the development of in-
                                               individual without regard to subsection (d)               (A) the increase (if any) of the administra-         formation technology as determined by the
                                               unless the Secretary has reason to know that            tive expenses of such possession—                      Commissioner of the Internal Revenue oc-
                                               such amount would otherwise be reduced by                 (i) in the case of a possession described in         curring between January 1, 2020 and Decem-
                                               reason of such subsection.                              paragraph (1), by reason of the amendments             ber 31, 2022, and all of which shall supple-
                                                 ‘‘(7) SPECIAL RULE RELATED TO TIME OF FIL-            made by this section, and                              ment and not supplant any other appropria-
                                               ING RETURN.—Solely for purposes of this sub-              (ii) in the case of a possession described in        tions that may be available for this purpose.
                                               section, a return of tax shall not be treated           paragraph (2), by reason of carrying out the             (2) $7,000,000 to remain available until Sep-
                                               as filed until such return has been processed           plan described in such paragraph, or                   tember 30, 2022, for necessary expenses for
                                               by the Internal Revenue Service.                          (B) $500,000 ($10,000,000 in the case of Puerto      the Bureau of the Fiscal Service to carry out
                                                 ‘‘(8) RESTRICTION ON USE OF CERTAIN PRE-              Rico).                                                 this section (and the amendments made by
                                               VIOUSLY ISSUED PREPAID DEBIT CARDS.—Pay-                The amount described in subparagraph (A)               this section), which shall supplement and
                                               ments made by the Secretary to individuals              shall be determined by the Secretary of the            not supplant any other appropriations that
                                               under this section shall not be in the form of          Treasury based on information provided by              may be available for this purpose, and
                                               an increase in the balance of any previously            the government of the respective possession.             (3) $8,000,000 to remain available until Sep-




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                                               issued prepaid debit card if, as of the time of           (4) COORDINATION WITH CREDIT ALLOWED                 tember 30, 2023, for the Treasury Inspector
                                               the issuance of such card, such card was                AGAINST UNITED STATES INCOME TAXES.—No                 General for Tax Administration for the pur-
                                               issued solely for purposes of making pay-               credit shall be allowed against United States          poses of overseeing activities related to the
                                               ments under section 6428 or 6428A.                      income taxes under section 6428B of the In-            administration of this section (and the
                                                 ‘‘(h) REGULATIONS.—The Secretary shall                ternal Revenue Code of 1986 (as added by this          amendments made by this section), which
                                               prescribe such regulations or other guidance            section), nor shall any credit or refund be            shall supplement and not supplant any other
                                               as may be necessary or appropriate to carry             made or allowed under subsection (g) of such           appropriations that may be available for this
                                               out the purposes of this section, including—            section, to any person—                                purpose.




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                                               S1090                                             CONGRESSIONAL RECORD — SENATE                                                           March 4, 2021
                                                       PART 2—CHILD TAX CREDIT                           ‘‘(II) the applicable threshold amount ap-           any modification of the annual advance
                                                                                                       plicable to the taxpayer under this para-              amount under subparagraph (A), the Sec-
                                               SEC. 9611. CHILD TAX CREDIT IMPROVEMENTS
                                                                                                       graph.                                                 retary may adjust the amount of any peri-
                                                           FOR 2021.
                                                                                                         ‘‘(D) COORDINATION WITH LIMITATION ON                odic payment made after the date of such
                                                 (a) IN GENERAL.—Section 24 of the Internal            OVERALL CREDIT.—Subsection (b) shall be ap-            modification to properly take into account
                                               Revenue Code of 1986 is amended by adding               plied by substituting ‘the credit allowable            the amount by which any periodic payment
                                               at the end the following new subsection:                under subsection (a) (determined after the             made before such date was greater than or
                                                 ‘‘(i) SPECIAL RULES FOR 2021.—In the case             application of subsection (i)(4)(A)’ for ‘the          less than the amount that such payment
                                               of any taxable year beginning after Decem-              credit allowable under subsection (a)’.’’.             would have been on the basis of the annual
                                                                                                         (b) ADVANCE PAYMENT OF CREDIT.—                      advance amount as so modified.
                                               ber 31, 2020, and before January 1, 2022—
                                                                                                         (1) IN GENERAL.—Chapter 77 of such Code is             ‘‘(4) DETERMINATION OF STATUS.—If infor-
                                                 ‘‘(1) REFUNDABLE CREDIT.—If the taxpayer
                                                                                                       amended by inserting after section 7527 the            mation contained in the taxpayer’s return of
                                               (in the case of a joint return, either spouse)
                                                                                                       following new section:                                 tax for the reference taxable year does not
                                               has a principal place of abode in the United
                                                                                                       ‘‘SEC. 7527A. ADVANCE PAYMENT OF CHILD TAX             establish the status of the taxpayer as being
                                               States (determined as provided in section 32)                        CREDIT.
                                               for more than one-half of the taxable year or                                                                  described in section 24(i)(1), the Secretary
                                                                                                          ‘‘(a) IN GENERAL.—The Secretary shall es-           shall, for purposes of paragraph (1)(A), deter-
                                               is a bona fide resident of Puerto Rico (within          tablish a program for making periodic pay-
                                               the meaning of section 937(a)) for such tax-                                                                   mine such status based on information
                                                                                                       ments to taxpayers which, in the aggregate             known to the Secretary.
                                               able year—                                              during any calendar year, equal the annual
                                                 ‘‘(A) subsection (d) shall not apply, and                                                                      ‘‘(5) TREATMENT OF CERTAIN DEATHS.—A
                                                                                                       advance amount determined with respect to              child shall not be taken into account in de-
                                                 ‘‘(B) so much of the credit determined                such taxpayer for such calendar year. Except
                                               under subsection (a) (after application of                                                                     termining the annual advance amount under
                                                                                                       as provided in subsection (b)(3)(B), the peri-         paragraph (1) if the death of such child is
                                               subparagraph (A)) as does not exceed the                odic payments made to any taxpayer for any
                                               amount of such credit which would be so de-                                                                    known to the Secretary as of the beginning
                                                                                                       calendar year shall be in equal amounts.               of the calendar year for which the estimate
                                               termined without regard to subsection (h)(4)               ‘‘(b) ANNUAL ADVANCE AMOUNT.—For pur-
                                               shall be allowed under subpart C (and not al-                                                                  under such paragraph is made.
                                                                                                       poses of this section—                                   ‘‘(c) ON-LINE INFORMATION PORTAL.—The
                                               lowed under this subpart).                                 ‘‘(1) IN GENERAL.—Except as otherwise pro-          Secretary shall establish an on-line portal
                                                 ‘‘(2) 17-YEAR-OLDS ELIGIBLE FOR TREATMENT             vided in this subsection, the term ‘annual             which allows taxpayers to—
                                               AS QUALIFYING CHILDREN.—This section shall              advance amount’ means, with respect to any               ‘‘(1) elect not to receive payments under
                                               be applied—                                             taxpayer for any calendar year, the amount             this section, and
                                                 ‘‘(A) by substituting ‘age 18’ for ‘age 17’ in        (if any) which is estimated by the Secretary
                                                                                                                                                                ‘‘(2) provide information to the Secretary
                                               subsection (c)(1), and                                  as being equal to 50 percent of the amount
                                                                                                                                                              which would be relevant to a modification
                                                 ‘‘(B) by substituting ‘described in sub-              which would be treated as allowed under sub-
                                                                                                                                                              under subsection (b)(3)(B) of the annual ad-
                                               section (c) (determined after the application           part C of part IV of subchapter A of chapter
                                                                                                                                                              vance amount, including information regard-
                                               of subsection (i)(2)(A))’ for ‘described in sub-        1 by reason of section 24(i)(1) for the tax-
                                                                                                                                                              ing—
                                               section (c)’ in subsection (h)(4)(A).                   payer’s taxable year beginning in such cal-
                                                                                                                                                                ‘‘(A) a change in the number of the tax-
                                                 ‘‘(3) CREDIT AMOUNT.—Subsection (h)(2)                endar year if—
                                                                                                                                                              payer’s qualifying children, including by rea-
                                               shall not apply and subsection (a) shall be                ‘‘(A) the status of the taxpayer as a tax-
                                                                                                                                                              son of the birth of a child,
                                               applied by substituting ‘$3,000 ($3,600 in the          payer described in section 24(i)(1) is deter-
                                                                                                                                                                ‘‘(B) a change in the taxpayer’s marital
                                               case of a qualifying child who has not at-              mined with respect to the reference taxable
                                                                                                                                                              status,
                                               tained age 6 as of the close of the calendar            year,
                                                                                                                                                                ‘‘(C) a significant change in the taxpayer’s
                                               year in which the taxable year of the tax-                 ‘‘(B) the taxpayer’s modified adjusted gross
                                                                                                                                                              income, and
                                               payer begins)’ for ‘$1,000’.                            income for such taxable year is equal to the
                                                                                                                                                                ‘‘(D) any other factor which the Secretary
                                                 ‘‘(4) REDUCTION OF INCREASED CREDIT                   taxpayer’s modified adjusted gross income
                                                                                                                                                              may provide.
                                               AMOUNT BASED ON MODIFIED ADJUSTED GROSS                 for the reference taxable year,                          ‘‘(d) NOTICE OF PAYMENTS.—Not later than
                                               INCOME.—                                                   ‘‘(C) the only children of such taxpayer for        January 31 of the calendar year following
                                                 ‘‘(A) IN GENERAL.—The amount of the cred-             such taxable year are qualifying children              any calendar year during which the Sec-
                                               it allowable under subsection (a) (determined           properly claimed on the taxpayer’s return of           retary makes one or more payments to any
                                               without regard to subsection (b)) shall be re-          tax for the reference taxable year, and                taxpayer under this section, the Secretary
                                               duced by $50 for each $1,000 (or fraction                  ‘‘(D) the ages of such children (and the sta-       shall provide such taxpayer with a written
                                               thereof) by which the taxpayer’s modified               tus of such children as qualifying children)           notice which includes the taxpayer’s tax-
                                               adjusted gross income (as defined in sub-               are determined for such taxable year by tak-           payer identity (as defined in section
                                               section (b)) exceeds the applicable threshold           ing into account the passage of time since             6103(b)(6)), the aggregate amount of such
                                               amount.                                                 the reference taxable year.                            payments made to such taxpayer during such
                                                 ‘‘(B) APPLICABLE THRESHOLD AMOUNT.—For                   ‘‘(2) REFERENCE TAXABLE YEAR.—Except as             calendar year, and such other information as
                                               purposes of this paragraph, the term ‘appli-            provided in paragraph (3)(A), the term ‘ref-           the Secretary determines appropriate.
                                               cable threshold amount’ means—                          erence taxable year’ means, with respect to              ‘‘(e) ADMINISTRATIVE PROVISIONS.—
                                                 ‘‘(i) $150,000, in the case of a joint return or      any taxpayer for any calendar year, the tax-             ‘‘(1) APPLICATION OF ELECTRONIC FUNDS PAY-
                                               surviving spouse (as defined in section 2(a)) ,         payer’s taxable year beginning in the pre-             MENT REQUIREMENT.—The payments made by
                                                 ‘‘(ii) $112,500, in the case of a head of house-      ceding calendar year or, in the case of tax-           the Secretary under subsection (a) shall be
                                               hold (as defined in section 2(b)), and                  payer who did not file a return of tax for             made by electronic funds transfer to the
                                                 ‘‘(iii) $75,000, in any other case.                   such taxable year, the taxpayer’s taxable              same extent and in the same manner as if
                                                 ‘‘(C) LIMITATION ON REDUCTION.—                       year beginning in the second preceding cal-            such payments were Federal payments not
                                                 ‘‘(i) IN GENERAL.—The amount of the reduc-            endar year.                                            made under this title.
                                               tion under subparagraph (A) shall not exceed               ‘‘(3) MODIFICATIONS DURING CALENDAR                   ‘‘(2) APPLICATION OF CERTAIN RULES.—Rules
                                               the lesser of—                                          YEAR.—                                                 similar to the rules of subparagraphs (B) and
                                                 ‘‘(I) the applicable credit increase amount,             ‘‘(A) IN GENERAL.—The Secretary may                 (C) of section 6428A(f)(3) shall apply for pur-
                                               or                                                      modify, during any calendar year, the annual           poses of this section.
                                                 ‘‘(II) 5 percent of the applicable phaseout           advance amount with respect to any tax-                  ‘‘(3) EXCEPTION FROM REDUCTION OR OFF-
                                               threshold range.                                        payer for such calendar year to take into ac-          SET.—Any payment made to any individual
                                                 ‘‘(ii)     APPLICABLE       CREDIT     INCREASE       count—                                                 under this section shall not be—
                                               AMOUNT.—For purposes of this subparagraph,                 ‘‘(i) a return of tax filed by such taxpayer          ‘‘(A) subject to reduction or offset pursu-
                                               the term ‘applicable credit increase amount’            during such calendar year (and the taxable             ant to subsection (c), (d), (e), or (f) of section
                                               means the excess (if any) of—                           year to which such return relates may be               6402, or
                                                 ‘‘(I) the amount of the credit allowable              taken into account as the reference taxable              ‘‘(B) reduced or offset by other assessed
                                               under this section for the taxable year deter-          year), and                                             Federal taxes that would otherwise be sub-
                                               mined without regard to this paragraph and                 ‘‘(ii) any other information provided by the        ject to levy or collection.
                                               subsection (b), over                                    taxpayer to the Secretary which allows the               ‘‘(4) APPLICATION OF ADVANCE PAYMENTS IN
                                                 ‘‘(II) the amount of such credit as so deter-         Secretary to determine payments under sub-             THE POSSESSIONS OF THE UNITED STATES.—
                                               mined and without regard to paragraph (3).              section (a) which, in the aggregate during               ‘‘(A) IN GENERAL.—The advance payment




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                                                 ‘‘(iii) APPLICABLE PHASEOUT THRESHOLD                 any taxable year of the taxpayer, more close-          amount determined under this section shall
                                               RANGE.—For purposes of this subparagraph,               ly total the Secretary’s estimate of the               be determined—
                                               the term ‘applicable phaseout threshold                 amount treated as allowed under subpart C                ‘‘(i) by applying section 24(i)(1) without re-
                                               range’ means the excess of—                             of part IV of subchapter A of chapter 1 by             gard to the phrase ‘or is a bona fide resident
                                                 ‘‘(I) the threshold amount applicable to the          reason of section 24(i)(1) for such taxable            of Puerto Rico (within the meaning of sec-
                                               taxpayer under subsection (b) (determined               year of such taxpayer.                                 tion 937(a))’, and
                                               after the application of subsection (h)(3)),               ‘‘(B) ADJUSTMENT TO REFLECT EXCESS OR                 ‘‘(ii)    without    regard      to      section
                                               over                                                    DEFICIT IN PRIOR PAYMENTS.—In the case of              24(k)(3)(C)(ii)(I).




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                                               March 4, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                        S1091
                                                 ‘‘(B) MIRROR CODE POSSESSIONS.—In the                    ‘‘(i) IN GENERAL.—In the case of a taxpayer           (B) $16,200,000 to remain available until
                                               case of any possession of the United States             whose modified adjusted gross income (as de-           September 30, 2022, for necessary expenses
                                               with a mirror code tax system (as defined in            fined in subsection (b)) for the taxable year          for the Bureau of the Fiscal Service to carry
                                               section 24(k)), this section shall not be treat-        does not exceed 200 percent of the applicable          out this section (and the amendments made
                                               ed as part of the income tax laws of the                income threshold, the amount of the in-                by this section), which shall supplement and
                                               United States for purposes of determining               crease determined under subparagraph (A)               not supplant any other appropriations that
                                               the income tax law of such possession unless            with respect to such taxpayer for such tax-            may be available for this purpose.
                                               such possession elects to have this section be          able year shall be reduced (but not below                (c) EFFECTIVE DATE.—
                                               so treated.                                             zero) by the safe harbor amount.                         (1) IN GENERAL.—The amendments made by
                                                 ‘‘(C) ADMINISTRATIVE EXPENSES OF ADVANCE                 ‘‘(ii) PHASE OUT OF SAFE HARBOR AMOUNT.—            this section shall apply to taxable years be-
                                               PAYMENTS.—                                              In the case of a taxpayer whose modified ad-           ginning after December 31, 2020.
                                                 ‘‘(i) MIRROR CODE POSSESSIONS.—In the case            justed gross income (as defined in subsection            (2) ESTABLISHMENT OF ADVANCE PAYMENT
                                               of any possession described in subparagraph             (b)) for the taxable year exceeds the applica-         PROGRAM.—The Secretary of the Treasury (or
                                               (B) which makes the election described in               ble income threshold, the safe harbor                  the Secretary’s designee) shall establish the
                                               such subparagraph, the amount otherwise                 amount otherwise in effect under clause (i)            program described in section 7527A of the In-
                                               paid by the Secretary to such possession                shall be reduced by the amount which bears             ternal Revenue Code of 1986 as soon as prac-
                                               under section 24(k)(1)(A) with respect to tax-          the same ratio to such amount as such ex-              ticable after the date of the enactment of
                                               able years beginning in 2021 shall be in-               cess bears to the applicable income thresh-            this Act, except that the Secretary shall en-
                                               creased by $300,000 if such possession has a            old.                                                   sure that the timing of the establishment of
                                               plan, which has been approved by the Sec-                  ‘‘(iii) APPLICABLE INCOME THRESHOLD.—For            such program does not interfere with car-
                                               retary, for making advance payments con-                purposes of this subparagraph, the term ‘ap-           rying out section 6428B(g) as rapidly as pos-
                                               sistent with such election.                             plicable income threshold’ means—                      sible.
                                                 ‘‘(ii) AMERICAN SAMOA.—The amount other-                 ‘‘(I) $60,000 in the case of a joint return or      SEC. 9612. APPLICATION OF CHILD TAX CREDIT
                                                                                                                                                                          IN POSSESSIONS.
                                               wise paid by the Secretary to American                  surviving spouse (as defined in section 2(a)),
                                                                                                                                                                (a) IN GENERAL.—Section 24 of the Internal
                                               Samoa under subparagraph (A) of section                    ‘‘(II) $50,000 in the case of a head of house-
                                                                                                                                                              Revenue Code of 1986, as amended by the pre-
                                               24(k)(3) with respect to taxable years begin-           hold, and
                                                                                                                                                              ceding provisions of this Act, is amended by
                                               ning in 2021 shall be increased by $300,000 if             ‘‘(III) $40,000 in any other case.
                                                                                                                                                              adding at the end the following new sub-
                                               the plan described in subparagraph (B) of                  ‘‘(iv) SAFE HARBOR AMOUNT.—For purposes
                                                                                                                                                              section:
                                               such section includes a program, which has              of this subparagraph, the term ‘safe harbor               ‘‘(k) APPLICATION OF CREDIT IN POSSES-
                                               been approved by the Secretary, for making              amount’ means, with respect to any taxable             SIONS.—
                                               advance payments under rules similar to the             year, the product of—                                     ‘‘(1) MIRROR CODE POSSESSIONS.—
                                               rules of this section.                                     ‘‘(I) $2,000, multiplied by                            ‘‘(A) IN GENERAL.—The Secretary shall pay
                                                 ‘‘(iii) TIMING OF PAYMENT.—The Secretary                 ‘‘(II) the excess (if any) of the number of         to each possession of the United States with
                                               may pay, upon the request of the possession             qualified children taken into account in de-           a mirror code tax system amounts equal to
                                               of the United States to which the payment is            termining the annual advance amount with               the loss (if any) to that possession by reason
                                               to be made, the amount of the increase de-              respect to the taxpayer under section 7527A            of the application of this section (determined
                                               termined under clause (i) or (ii) immediately           with respect to months beginning in such               without regard to this subsection) with re-
                                               upon approval of the plan referred to in such           taxable year, over the number of qualified             spect to taxable years beginning after 2020.
                                               clause, respectively.                                   children taken into account in determining             Such amounts shall be determined by the
                                                 ‘‘(f) APPLICATION.—No payments shall be               the credit allowed under this section for such         Secretary based on information provided by
                                               made under the program established under                taxable year.’’.                                       the government of the respective possession.
                                               subsection (a) with respect to—                            (3)    COORDINATION       WITH     WAGE    WITH-       ‘‘(B) COORDINATION WITH CREDIT ALLOWED
                                                 ‘‘(1) any period before July 1, 2021, or              HOLDING.—Section 3402(f)(1)(C) of such Code            AGAINST UNITED STATES INCOME TAXES.—No
                                                 ‘‘(2) any period after December 31, 2021.             is amended by striking ‘‘section 24(a)’’ and           credit shall be allowed under this section for
                                                 ‘‘(g) REGULATIONS.—The Secretary shall                inserting ‘‘section 24 (determined after appli-        any taxable year to any individual to whom
                                               issue such regulations or other guidance as             cation of subsection (j) thereof)’’.                   a credit is allowable against taxes imposed
                                               the Secretary determines necessary or ap-                  (4) CONFORMING AMENDMENTS.—                         by a possession of the United States with a
                                               propriate to carry out the purposes of this                (A) Section 26(b)(2) of such Code is amend-         mirror code tax system by reason of the ap-
                                               section and subsections (i)(1) and (j) of sec-          ed by striking ‘‘and’’ at the end of subpara-          plication of this section in such possession
                                               tion 24, including regulations or other guid-           graph (X), by striking the period at the end           for such taxable year.
                                               ance which provides for the application of              of subparagraph (Y) and inserting ‘‘, and’’,              ‘‘(C) MIRROR CODE TAX SYSTEM.—For pur-
                                               such provisions where the filing status of the          and by adding at the end the following new             poses of this paragraph, the term ‘mirror
                                               taxpayer for a taxable year is different from           subparagraph:                                          code tax system’ means, with respect to any
                                               the status used for determining the annual                 ‘‘(Z) section 24(j)(2) (relating to excess ad-      possession of the United States, the income
                                               advance amount.’’.                                      vance payments).’’.                                    tax system of such possession if the income
                                                 (2) RECONCILIATION OF CREDIT AND ADVANCE                 (B) Section 6211(b)(4)(A) of such Code, as          tax liability of the residents of such posses-
                                               CREDIT.—Section 24 of such Code, as amended             amended by the preceding provisions of this            sion under such system is determined by ref-
                                               by the preceding provision of this Act, is              subtitle, is amended—                                  erence to the income tax laws of the United
                                               amended by adding at the end the following                 (i) by striking ‘‘24(d)’’ and inserting ‘‘24 by     States as if such possession were the United
                                               new subsection:                                         reason of subsections (d) and (i)(1) thereof’’,        States.
                                                 ‘‘(j) RECONCILIATION OF CREDIT AND AD-                and                                                       ‘‘(2) PUERTO RICO.—
                                               VANCE CREDIT.—                                             (ii) by striking ‘‘and 6428B’’ and inserting           ‘‘(A) APPLICATION TO TAXABLE YEARS IN
                                                 ‘‘(1) IN GENERAL.—The amount of the credit            ‘‘6428B, and 7527A’’.                                  2021.—
                                               allowed under this section to any taxpayer                 (C) Paragraph (2) of section 1324(b) of title          ‘‘(i) For application of refundable credit to
                                               for any taxable year shall be reduced (but              31, United States Code, is amended—                    residents of Puerto Rico, see subsection
                                               not below zero) by the aggregate amount of                 (i) by inserting ‘‘24,’’ before ‘‘25A’’, and        (i)(1).
                                               payments made under section 7527A to such                  (ii) by striking ‘‘ or 6431’’ and inserting            ‘‘(ii) For nonapplication of advance pay-
                                               taxpayer during such taxable year. Any fail-            ‘‘6431, or 7527A’’.                                    ment to residents of Puerto Rico, see section
                                               ure to so reduce the credit shall be treated as            (D) The table of sections for chapter 77 of         7527A(e)(4)(A).
                                               arising out of a mathematical or clerical               the Internal Revenue Code of 1986 is amended              ‘‘(B) APPLICATION TO TAXABLE YEARS AFTER
                                               error and assessed according to section                 by inserting after the item relating to sec-           2021.—In the case of any bona fide resident of
                                               6213(b)(1).                                             tion 7527 the following new item:                      Puerto Rico (within the meaning of section
                                                 ‘‘(2) EXCESS ADVANCE PAYMENTS.—                       ‘‘Sec. 7527A. Advance payment of child tax             937(a)) for any taxable year beginning after
                                                 ‘‘(A) IN GENERAL.—If the aggregate amount                              credit.’’.                            December 31, 2021—
                                               of payments under section 7527A to the tax-                (5) APPROPRIATIONS TO CARRY OUT ADVANCE                ‘‘(i) the credit determined under this sec-
                                               payer during the taxable year exceeds the               PAYMENTS.—Immediately upon the enact-                  tion shall be allowable to such resident, and
                                               amount of the credit allowed under this sec-            ment of this Act, in addition to amounts                  ‘‘(ii) subsection (d)(1)(B)(ii) shall be applied
                                               tion to such taxpayer for such taxable year             otherwise available, there are appropriated            without regard to the phrase ‘in the case of
                                               (determined without regard to paragraph                 for fiscal year 2021, out of any money in the          a taxpayer with 3 or more qualifying chil-




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                                               (1)), the tax imposed by this chapter for such          Treasury not otherwise appropriated:                   dren’.
                                               taxable year shall be increased by the                     (A) $397,200,000 to remain available until             ‘‘(3) AMERICAN SAMOA.—
                                               amount of such excess. Any failure to so in-            September 30, 2022, for necessary expenses                ‘‘(A) IN GENERAL.—The Secretary shall pay
                                               crease the tax shall be treated as arising out          for the Internal Revenue Service to carry              to American Samoa amounts estimated by
                                               of a mathematical or clerical error and as-             out this section (and the amendments made              the Secretary as being equal to the aggre-
                                               sessed according to section 6213(b)(1).                 by this section), which shall supplement and           gate benefits that would have been provided
                                                 ‘‘(B) SAFE HARBOR BASED ON MODIFIED AD-               not supplant any other appropriations that             to residents of American Samoa by reason of
                                               JUSTED GROSS INCOME.—                                   may be available for this purpose, and                 the application of this section for taxable




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                                               S1092                                             CONGRESSIONAL RECORD — SENATE                                                           March 4, 2021
                                               years beginning after 2020 if the provisions of         to administer) a plan under part B or part E           cipal place of abode as the individual’s
                                               this section had been in effect in American             of title IV of the Social Security Act (with-          spouse, or
                                               Samoa (applied as if American Samoa were                out regard to whether Federal assistance was              ‘‘(II) has a decree, instrument, or agree-
                                               the United States and without regard to the             provided with respect to such child under              ment (other than a decree of divorce) de-
                                               application of this section to bona fide resi-          such part E), and                                      scribed in section 121(d)(3)(C) with respect to
                                               dents of Puerto Rico under subsection (i)(1)).            ‘‘(ii) provides (in such manner as the Sec-          the individual’s spouse and is not a member
                                                 ‘‘(B) DISTRIBUTION REQUIREMENT.—Subpara-              retary may provide) consent for entities               of the same household with the individual’s
                                               graph (A) shall not apply unless American               which administer a plan under part B or part           spouse by the end of the taxable year.’’.
                                               Samoa has a plan, which has been approved               E of title IV of the Social Security Act to               (b) CONFORMING AMENDMENTS.—
                                               by the Secretary, under which American                  disclose to the Secretary information related             (1) Section 32(c)(1)(A) of such Code is
                                               Samoa will promptly distribute such pay-                to the status of such individual as a qualified        amended by striking the last sentence.
                                               ments to its residents.                                 former foster youth.                                      (2) Section 32(c)(1)(E)(ii) of such Code is
                                                 ‘‘(C) COORDINATION WITH CREDIT ALLOWED                  ‘‘(E) QUALIFIED HOMELESS YOUTH.—For pur-             amended by striking ‘‘(within the meaning of
                                               AGAINST UNITED STATES INCOME TAXES.—                    poses of this paragraph, the term ‘qualified           section 7703)’’.
                                                 ‘‘(i) IN GENERAL.—In the case of a taxable            homeless youth’ means, with respect to any                (3) Section 32(d)(1) of such Code, as amend-
                                               year with respect to which a plan is approved           taxable year, an individual who certifies, in          ed by subsection (a), is amended by striking
                                               under subparagraph (B), this section (other             a manner as provided by the Secretary, that            ‘‘(within the meaning of section 7703)’’.
                                               than this subsection) shall not apply to any            such individual is either an unaccompanied                (c) EFFECTIVE DATE.—The amendments
                                               individual eligible for a distribution under            youth who is a homeless child or youth, or is          made by this section shall apply to taxable
                                               such plan.                                              unaccompanied, at risk of homelessness, and            years beginning after December 31, 2020.
                                                 ‘‘(ii) APPLICATION OF SECTION IN EVENT OF             self-supporting.                                       SEC. 9624. MODIFICATION OF DISQUALIFIED IN-
                                               ABSENCE OF APPROVED PLAN.—In the case of a                ‘‘(2) ELIMINATION OF MAXIMUM AGE FOR                             VESTMENT INCOME TEST.
                                               taxable year with respect to which a plan is            CREDIT.—Subsection (c)(1)(A)(ii)(II) shall be
                                                                                                                                                                 (a) IN GENERAL.—Section 32(i) of the Inter-
                                               not approved under subparagraph (B)—                    applied without regard to the phrase ‘but not
                                                                                                                                                              nal Revenue Code of 1986 is amended by
                                                 ‘‘(I) if such taxable year begins in 2021, sub-       attained age 65’.
                                                                                                                                                              striking ‘‘$2,200’’ and inserting ‘‘$10,000’’.
                                               section (i)(1) shall be applied by substituting           ‘‘(3) INCREASE IN CREDIT AND PHASEOUT PER-
                                                                                                                                                                 (b)      INFLATION    ADJUSTMENT.—Section
                                               ‘bona fide resident of Puerto Rico or Amer-             CENTAGES.—The table contained in sub-
                                                                                                                                                              32(j)(1) of such Code is amended—
                                               ican Samoa’ for ‘bona fide resident of Puerto           section (b)(1) shall be applied by substituting
                                                                                                                                                                 (1) in the matter preceding subparagraph
                                               Rico’, and                                              ‘15.3’ for ‘7.65’ each place it appears therein.
                                                                                                                                                              (A), by inserting ‘‘(2021 in the case of the dol-
                                                 ‘‘(II) if such taxable year begins after De-            ‘‘(4) INCREASE IN EARNED INCOME AND PHASE-
                                                                                                       OUT AMOUNTS.—
                                                                                                                                                              lar amount in subsection (i)(1))’’ after ‘‘2015’’,
                                               cember 31, 2021, rules similar to the rules of                                                                    (2) in subparagraph (B)(i)—
                                               paragraph (2)(B) shall apply with respect to              ‘‘(A) IN GENERAL.—The table contained in
                                                                                                       subsection (b)(2)(A) shall be applied—                    (A) by striking ‘‘subsections (b)(2)(A) and
                                               bona fide residents of American Samoa                                                                          (i)(1)’’ and inserting ‘‘subsection (b)(2)(A)’’,
                                               (within the meaning of section 937(a)).                   ‘‘(i) by substituting ‘$9,820’ for ‘$4,220’, and
                                                                                                         ‘‘(ii) by substituting ‘$11,610’ for ‘$5,280’.       and
                                                 ‘‘(4) TREATMENT OF PAYMENTS.—For pur-                                                                           (B) by striking ‘‘and’’ at the end,
                                               poses of section 1324 of title 31, United States          ‘‘(B) COORDINATION WITH INFLATION ADJUST-
                                                                                                       MENT.—Subsection (j) shall not apply to any
                                                                                                                                                                 (3) by striking the period at the end of sub-
                                               Code, the payments under this subsection                                                                       paragraph (B)(ii) and inserting ‘‘, and’’, and
                                                                                                       dollar amount specified in this paragraph.’’.
                                               shall be treated in the same manner as a re-              (b) INFORMATION RETURN MATCHING.—As                     (4) by inserting after subparagraph (B)(ii)
                                               fund due from a credit provision referred to            soon as practicable, the Secretary of the              the following new clause:
                                               in subsection (b)(2) of such section.’’.                Treasury (or the Secretary’s delegate) shall              ‘‘(iii) in the case of the $10,000 amount in
                                                 (b) EFFECTIVE DATE.—The amendments                    develop and implement procedures to use in-            subsection (i)(1), ‘calendar year 2020’ for ‘cal-
                                               made by this section shall apply to taxable             formation returns under section 6050S (relat-          endar year 2016’.’’.
                                               years beginning after December 31, 2020.                ing to returns relating to higher education               (c) EFFECTIVE DATE.—The amendments
                                                 PART 3—EARNED INCOME TAX CREDIT                       tuition and related expenses) to check the             made by this section shall apply to taxable
                                               SEC. 9621. STRENGTHENING THE EARNED IN-                 status of individuals as specified students for        years beginning after December 31, 2020.
                                                          COME TAX CREDIT FOR INDIVID-                 purposes of section 32(n)(1)(B)(ii) of the In-         SEC. 9625. APPLICATION OF EARNED INCOME TAX
                                                          UALS WITH NO QUALIFYING CHIL-                ternal Revenue Code of 1986 (as added by this                       CREDIT IN POSSESSIONS OF THE
                                                          DREN.                                        section).                                                           UNITED STATES.
                                                 (a) SPECIAL RULES FOR 2021.—Section 32 of               (c) EFFECTIVE DATE.—The amendment                      (a) IN GENERAL.—Chapter 77 of the Internal
                                               the Internal Revenue Code of 1986 is amended            made by this section shall apply to taxable            Revenue Code of 1986 is amended by adding
                                               by adding at the end the following new sub-             years beginning after December 31, 2020.               at the end the following new section:
                                               section:                                                SEC. 9622. TAXPAYER ELIGIBLE FOR CHILDLESS             ‘‘SEC. 7530. APPLICATION OF EARNED INCOME
                                                 ‘‘(n) SPECIAL RULES FOR INDIVIDUALS WITH-                         EARNED INCOME CREDIT IN CASE                            TAX CREDIT TO POSSESSIONS OF
                                                                                                                   OF QUALIFYING CHILDREN WHO                              THE UNITED STATES.
                                               OUT QUALIFYING CHILDREN.—In the case of
                                                                                                                   FAIL TO MEET CERTAIN IDENTIFICA-
                                               any taxable year beginning after December                           TION REQUIREMENTS.                           ‘‘(a) PUERTO RICO.—
                                               31, 2020, and before January 1, 2022—                     (a) IN GENERAL.—Section 32(c)(1) of the In-            ‘‘(1) IN GENERAL.—With respect to calendar
                                                 ‘‘(1) DECREASE IN MINIMUM AGE FOR CRED-               ternal Revenue Code of 1986 is amended by              year 2021 and each calendar year thereafter,
                                               IT.—                                                    striking subparagraph (F).                             the Secretary shall, except as otherwise pro-
                                                 ‘‘(A)         IN        GENERAL.—Subsection             (b) EFFECTIVE DATE.—The amendment                    vided in this subsection, make payments to
                                               (c)(1)(A)(ii)(II) shall be applied by sub-              made by this section shall apply to taxable            Puerto Rico equal to—
                                               stituting ‘the applicable minimum age’ for              years beginning after December 31, 2020.                 ‘‘(A) the specified matching amount for
                                               ‘age 25’.                                               SEC. 9623. CREDIT ALLOWED IN CASE OF CER-              such calendar year, plus
                                                 ‘‘(B) APPLICABLE MINIMUM AGE.—For pur-                            TAIN SEPARATED SPOUSES.                      ‘‘(B) in the case of calendar years 2021
                                               poses of this paragraph, the term ‘applicable             (a) IN GENERAL.—Section 32(d) of the Inter-          through 2025, the lesser of—
                                               minimum age’ means—                                     nal Revenue Code of 1986 is amended—                     ‘‘(i) the expenditures made by Puerto Rico
                                                 ‘‘(i) except as otherwise provided in this              (1) by striking ‘‘MARRIED INDIVIDUALS.—In            during such calendar year for education ef-
                                               subparagraph, age 19,                                   the case of’’ and inserting the following:             forts with respect to individual taxpayers
                                                 ‘‘(ii) in the case of a specified student             ‘‘MARRIED INDIVIDUALS.—                                and tax return preparers relating to the
                                               (other than a qualified former foster youth               ‘‘(1) IN GENERAL.—In the case of’’, and              earned income tax credit, or
                                               or a qualified homeless youth), age 24, and               (2) by adding at the end the following new             ‘‘(ii) $1,000,000.
                                                 ‘‘(iii) in the case of a qualified former fos-        paragraph:                                               ‘‘(2) REQUIREMENT TO REFORM EARNED IN-
                                               ter youth or a qualified homeless youth, age              ‘‘(2) DETERMINATION OF MARITAL STATUS.—              COME TAX CREDIT.—The Secretary shall not
                                               18.                                                     For purposes of this section—                          make any payments under paragraph (1)
                                                 ‘‘(C) SPECIFIED STUDENT.—For purposes of                ‘‘(A) IN GENERAL.—Except as provided in              with respect to any calendar year unless
                                               this paragraph, the term ‘specified student’            subparagraph (B), marital status shall be de-          Puerto Rico has in effect an earned income
                                               means, with respect to any taxable year, an             termined under section 7703(a).                        tax credit for taxable years beginning in or
                                               individual who is an eligible student (as de-             ‘‘(B)     SPECIAL   RULE    FOR   SEPARATED          with such calendar year which (relative to
                                               fined in section 25A(b)(3)) during at least 5           SPOUSE.—An individual shall not be treated             the earned income tax credit which was in
                                               calendar months during the taxable year.                as married if such individual—                         effect for taxable years beginning in or with




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                                                 ‘‘(D) QUALIFIED FORMER FOSTER YOUTH.—                   ‘‘(i) is married (as determined under sec-           calendar year 2019) increases the percentage
                                               For purposes of this paragraph, the term                tion 7703(a)) and does not file a joint return         of earned income which is allowed as a credit
                                               ‘qualified former foster youth’ means an in-            for the taxable year,                                  for each group of individuals with respect to
                                               dividual who—                                             ‘‘(ii) resides with a qualifying child of the        which such percentage is separately stated
                                                 ‘‘(i) on or after the date that such indi-            individual for more than one-half of such              or determined in a manner designed to sub-
                                               vidual attained age 14, was in foster care pro-         taxable year, and                                      stantially increase workforce participation.
                                               vided under the supervision or administra-                ‘‘(iii)(I) during the last 6 months of such            ‘‘(3) SPECIFIED MATCHING AMOUNT.—For pur-
                                               tion of an entity administering (or eligible            taxable year, does not have the same prin-             poses of this subsection—




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                                               March 4, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                      S1093
                                                 ‘‘(A) IN GENERAL.—The term ‘specified                 the Secretary shall, except as otherwise pro-          ternal Revenue Code of 1986, an incorrect use
                                               matching amount’ means, with respect to                 vided in this subsection, make payments to             on a return of earned income pursuant to
                                               any calendar year, the lesser of—                       American Samoa equal to—                               subsection (a) shall be treated as a mathe-
                                                 ‘‘(i) the excess (if any) of—                           ‘‘(A) the lesser of—                                 matical or clerical error.
                                                 ‘‘(I) the cost to Puerto Rico of the earned             ‘‘(i) the cost to American Samoa of the                (2) NO EFFECT ON DETERMINATION OF GROSS
                                               income tax credit for taxable years begin-              earned income tax credit for taxable years             INCOME, ETC.—Except as otherwise provided
                                               ning in or with such calendar year, over                beginning in or with such calendar year, or            in this subsection, the Internal Revenue
                                                 ‘‘(II) the base amount for such calendar                ‘‘(ii) $16,000,000, plus                             Code of 1986 shall be applied without regard
                                               year, or                                                  ‘‘(B) in the case of calendar years 2021             to any substitution under subsection (a).
                                                 ‘‘(ii) the product of 3, multiplied by the            through 2025, the lesser of—                             (d) TREATMENT OF CERTAIN POSSESSIONS.—
                                               base amount for such calendar year.                       ‘‘(i) the expenditures made by American                (1) PAYMENTS TO POSSESSIONS WITH MIRROR
                                                 ‘‘(B) BASE AMOUNT.—                                   Samoa during such calendar year for edu-               CODE TAX SYSTEMS.—The Secretary of the
                                                 ‘‘(i) BASE AMOUNT FOR 2021.—In the case of            cation efforts with respect to individual tax-         Treasury shall pay to each possession of the
                                               calendar year 2021, the term ‘base amount’              payers and tax return preparers relating to            United States which has a mirror code tax
                                               means the greater of—                                   such earned income tax credit, or                      system amounts equal to the loss (if any) to
                                                 ‘‘(I) the cost to Puerto Rico of the earned             ‘‘(ii) $50,000.                                      that possession by reason of the application
                                               income tax credit for taxable years begin-                ‘‘(2) REQUIREMENT TO ENACT AND MAINTAIN              of the provisions of this section (other than
                                               ning in or with calendar year 2019 (rounded             AN EARNED INCOME TAX CREDIT.—The Sec-                  this subsection) with respect to section 32 of
                                               to the nearest multiple of $1,000,000), or              retary shall not make any payments under               the Internal Revenue Code of 1986. Such
                                                 ‘‘(II) $200,000,000.                                  paragraph (1) with respect to any calendar             amounts shall be determined by the Sec-
                                                 ‘‘(ii) INFLATION ADJUSTMENT.—In the case              year unless American Samoa has in effect an            retary of the Treasury based on information
                                               of any calendar year after 2021, the term               earned income tax credit for taxable years             provided by the government of the respective
                                               ‘base amount’ means the dollar amount de-               beginning in or with such calendar year                possession.
                                               termined under clause (i) increased by an               which allows a refundable tax credit to indi-            (2) PAYMENTS TO OTHER POSSESSIONS.—The
                                               amount equal to—                                        viduals on the basis of the taxpayer’s earned          Secretary of the Treasury shall pay to each
                                                 ‘‘(I) such dollar amount, multiplied by—              income which is designed to substantially in-          possession of the United States which does
                                                 ‘‘(II) the cost-of-living adjustment deter-           crease workforce participation.                        not have a mirror code tax system amounts
                                               mined under section 1(f)(3) for such calendar             ‘‘(3) INFLATION ADJUSTMENT.—In the case of           estimated by the Secretary of the Treasury
                                               year, determined by substituting ‘calendar              any calendar year after 2021, the $16,000,000          as being equal to the aggregate benefits (if
                                               year 2020’ for ‘calendar year 2016’ in subpara-         amount in paragraph (1)(A)(ii) shall be in-            any) that would have been provided to resi-
                                               graph (A)(ii) thereof.                                  creased by an amount equal to—                         dents of such possession by reason of the pro-
                                               Any amount determined under this clause                   ‘‘(A) such dollar amount, multiplied by—             visions of this section (other than this sub-
                                               shall be rounded to the nearest multiple of               ‘‘(B) the cost-of-living adjustment deter-           section) with respect to section 32 of the In-
                                               $1,000,000.                                             mined under section 1(f)(3) for such calendar          ternal Revenue Code of 1986 if a mirror code
                                                 ‘‘(4) RULES RELATED TO PAYMENTS.—                     year, determined by substituting ‘calendar             tax system had been in effect in such posses-
                                                 ‘‘(A) TIMING OF PAYMENTS.—The Secretary                                                                      sion. The preceding sentence shall not apply
                                                                                                       year 2020’ for ‘calendar year 2016’ in subpara-
                                               shall make payments under paragraph (1) for                                                                    unless the respective possession has a plan,
                                                                                                       graph (A)(ii) thereof.
                                               any calendar year—
                                                                                                       Any increase determined under this clause              which has been approved by the Secretary of
                                                 ‘‘(i) after receipt of such information as
                                                                                                       shall be rounded to the nearest multiple of            the Treasury, under which such possession
                                               the Secretary may require to determine such
                                                                                                       $100,000.                                              will promptly distribute such payments to
                                               payments, and
                                                                                                         ‘‘(4) APPLICATION OF CERTAIN RULES.—Rules            its residents.
                                                 ‘‘(ii) except as provided in clause (i), within
                                                                                                       similar to the rules of subparagraphs (A),               (3) MIRROR CODE TAX SYSTEM.—For pur-
                                               a reasonable period of time before the due
                                                                                                       (B), and (C) of subsection (a)(4) shall apply          poses of this section, the term ‘‘mirror code
                                               date for individual income tax returns (as de-
                                                                                                       for purposes of this subsection.                       tax system’’ means, with respect to any pos-
                                               termined under the laws of Puerto Rico) for               ‘‘(d) TREATMENT OF PAYMENTS.—For pur-                session of the United States, the income tax
                                               taxable years which began on the first day of           poses of section 1324 of title 31, United States       system of such possession if the income tax
                                               such calendar year.                                     Code, the payments under this section shall            liability of the residents of such possession
                                                 ‘‘(B) INFORMATION.—The Secretary may re-              be treated in the same manner as a refund              under such system is determined by ref-
                                               quire the reporting of such information as              due from a credit provision referred to in             erence to the income tax laws of the United
                                               the Secretary may require to carry out this             subsection (b)(2) of such section.’’.                  States as if such possession were the United
                                               subsection.                                               (b) CLERICAL AMENDMENT.—The table of                 States.
                                                 ‘‘(C) DETERMINATION OF COST OF EARNED IN-             sections for chapter 77 of the Internal Rev-             (4) TREATMENT OF PAYMENTS.—For pur-
                                               COME TAX CREDIT.—For purposes of this sub-              enue Code of 1986 is amended by adding at              poses of section 1324 of title 31, United States
                                               section, the cost to Puerto Rico of the                 the end the following new item:                        Code, the payments under this section shall
                                               earned income tax credit shall be determined            ‘‘Sec. 7530. Application of earned income tax          be treated in the same manner as a refund
                                               by the Secretary on the basis of the laws of                            credit to possessions of the           due from a credit provision referred to in
                                               Puerto Rico and shall include reductions in                             United States.’’.                      subsection (b)(2) of such section.
                                               revenues received by Puerto Rico by reason              SEC. 9626. TEMPORARY SPECIAL RULE FOR DE-
                                               of such credit and refunds attributable to                                                                      PART 4—DEPENDENT CARE ASSISTANCE
                                                                                                                   TERMINING EARNED INCOME FOR
                                               such credit, but shall not include any admin-                       PURPOSES OF EARNED INCOME TAX              SEC. 9631. REFUNDABILITY AND ENHANCEMENT
                                               istrative costs with respect to such credit.                        CREDIT.                                                OF CHILD AND DEPENDENT CARE
                                                 ‘‘(b) POSSESSIONS WITH MIRROR CODE TAX                  (a) IN GENERAL.—If the earned income of                          TAX CREDIT.
                                               SYSTEMS.—                                               the taxpayer for the taxpayer’s first taxable            (a) IN GENERAL.—Section 21 of the Internal
                                                 ‘‘(1) IN GENERAL.—With respect to calendar            year beginning in 2021 is less than the earned         Revenue Code of 1986 is amended by adding
                                               year 2021 and each calendar year thereafter,            income of the taxpayer for the taxpayer’s              at the end the following new subsection:
                                               the Secretary shall, except as otherwise pro-           first taxable year beginning in 2019, the cred-          ‘‘(g) SPECIAL RULES FOR 2021.—In the case
                                               vided in this subsection, make payments to              it allowed under section 32 of the Internal            of any taxable year beginning after Decem-
                                               the Virgin Islands, Guam, and the Common-               Revenue Code of 1986 may, at the election of           ber 31, 2020, and before January 1, 2022—
                                               wealth of the Northern Mariana Islands                  the taxpayer, be determined by substituting-             ‘‘(1) CREDIT MADE REFUNDABLE.—If the tax-
                                               equal to—                                               —                                                      payer (in the case of a joint return, either
                                                 ‘‘(A) the cost to such possession of the                (1) such earned income for the taxpayer’s            spouse) has a principal place of abode in the
                                               earned income tax credit for taxable years              first taxable year beginning in 2019, for              United States (determined as provided in
                                               beginning in or with such calendar year, plus             (2) such earned income for the taxpayer’s            section 32) for more than one-half of the tax-
                                                 ‘‘(B) in the case of calendar years 2021              first taxable year beginning in 2021.                  able year, the credit allowed under sub-
                                               through 2025, the lesser of—                              (b) EARNED INCOME.—                                  section (a) shall be treated as a credit al-
                                                 ‘‘(i) the expenditures made by such posses-             (1) IN GENERAL.—For purposes of this sec-            lowed under subpart C (and not allowed
                                               sion during such calendar year for education            tion, the term ‘‘earned income’’ has the               under this subpart).
                                               efforts with respect to individual taxpayers            meaning given such term under section 32(c)              ‘‘(2) INCREASE IN DOLLAR LIMIT ON AMOUNT
                                               and tax return preparers relating to such               of the Internal Revenue Code of 1986.                  CREDITABLE.—Subsection (c) shall be ap-
                                               earned income tax credit, or                              (2) APPLICATION TO JOINT RETURNS.—For                plied—




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                                                 ‘‘(ii) $50,000.                                       purposes of subsection (a), in the case of a             ‘‘(A) by substituting ‘$8,000’ for ‘$3,000’ in
                                                 ‘‘(2) APPLICATION OF CERTAIN RULES.—Rules             joint return, the earned income of the tax-            paragraph (1) thereof, and
                                               similar to the rules of subparagraphs (A),              payer for the first taxable year beginning in            ‘‘(B) by substituting ‘$16,000’ for ‘$6,000’ in
                                               (B), and (C) of subsection (a)(4) shall apply           2019 shall be the sum of the earned income of          paragraph (2) thereof.
                                               for purposes of this subsection.                        each spouse for such taxable year.                       ‘‘(3) INCREASE IN APPLICABLE PERCENTAGE.—
                                                 ‘‘(c) AMERICAN SAMOA.—                                  (c) SPECIAL RULES.—                                  Subsection (a)(2) shall be applied—
                                                 ‘‘(1) IN GENERAL.—With respect to calendar              (1) ERRORS TREATED AS MATHEMATICAL ER-                 ‘‘(A) by substituting ‘50 percent’ for ‘35 per-
                                               year 2021 and each calendar year thereafter,            RORS.—For purposes of section 6213 of the In-          cent ’, and




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                                               S1094                                             CONGRESSIONAL RECORD — SENATE                                                          March 4, 2021
                                                 ‘‘(B) by substituting ‘$125,000’ for ‘$15,000’.       adding at the end the following new subpara-             ‘‘(B) ADVANCING CREDIT.—In anticipation of
                                                 ‘‘(4) APPLICATION OF PHASEOUT TO HIGH IN-             graph:                                                 the credit, including the refundable portion
                                               COME INDIVIDUALS.—                                        ‘‘(D) SPECIAL RULE FOR 2021.—In the case of          under subparagraph (A), the credit shall be
                                                 ‘‘(A) IN GENERAL.—Subsection (a)(2) shall             any taxable year beginning after December              advanced, according to forms and instruc-
                                               be applied by substituting ‘the phaseout per-           31, 2020, and before January 1, 2022, subpara-         tions provided by the Secretary, up to an
                                               centage’ for ‘20 percent’.                              graph (A) shall be applied be substituting             amount calculated under subsection (a), sub-
                                                 ‘‘(B) PHASEOUT PERCENTAGE.—The term                   ‘$10,500 (half such dollar amount’ for ‘$5,000         ject to the limits under paragraph (1) and (2),
                                               ‘phaseout percentage’ means 20 percent re-              ($2,500’.’’.                                           all calculated through the end of the most
                                               duced (but not below zero) by 1 percentage                (b) EFFECTIVE DATE.—The amendment                    recent payroll period in the quarter.
                                               point for each $2,000 (or fraction thereof) by          made by this section shall apply to taxable              ‘‘(c) QUALIFIED SICK LEAVE WAGES.—For
                                               which the taxpayer’s adjusted gross income              years beginning after December 31, 2020.               purposes of this section—
                                               for the taxable year exceeds $400,000.’’.                 (c) RETROACTIVE PLAN AMENDMENTS.—A                     ‘‘(1) IN GENERAL.—The term ‘qualified sick
                                                 (b) APPLICATION OF CREDIT IN POSSES-                  plan that otherwise satisfies all applicable           leave wages’ means wages paid by an em-
                                               SIONS.—Section 21 of such Code, as amended              requirements of sections 125 and 129 of the            ployer which would be required to be paid by
                                               by subsection (a), is amended by adding at              Internal Revenue Code of 1986 (including any           reason of the Emergency Paid Sick Leave
                                               the end the following new subsection:                   rules or regulations thereunder) shall not             Act as if such Act applied after March 31,
                                                 ‘‘(h) APPLICATION OF CREDIT IN POSSES-                fail to be treated as a cafeteria plan or de-          2021.
                                               SIONS.—                                                 pendent care assistance program merely be-               ‘‘(2) RULES OF APPLICATION.—For purposes
                                                 ‘‘(1) PAYMENT TO POSSESSIONS WITH MIRROR              cause such plan is amended pursuant to a               of determining whether wages are qualified
                                               CODE TAX SYSTEMS.—The Secretary shall pay               provision under this section and such amend-           sick leave wages under paragraph (1)—
                                               to each possession of the United States with            ment is retroactive, if—                                 ‘‘(A) IN GENERAL.—The Emergency Paid
                                               a mirror code tax system amounts equal to                 (1) such amendment is adopted no later               Sick Leave Act shall be applied—
                                               the loss (if any) to that possession by reason          than the last day of the plan year in which              ‘‘(i) by inserting ‘, the employee is seeking
                                               of the application of this section (determined          the amendment is effective, and                        or awaiting the results of a diagnostic test
                                               without regard to this subsection) with re-               (2) the plan is operated consistent with the         for, or a medical diagnosis of, COVID-19 and
                                               spect to taxable years beginning in or with             terms of such amendment during the period              such employee has been exposed to COVID-19
                                               2021. Such amounts shall be determined by               beginning on the effective date of the amend-          or the employee’s employer has requested
                                               the Secretary based on information provided             ment and ending on the date the amendment              such test or diagnosis, or the employee is ob-
                                               by the government of the respective posses-             is adopted.                                            taining immunization related to COVID–19
                                               sion.                                                                                                          or recovering from any injury, disability, ill-
                                                                                                          PART 5—CREDITS FOR PAID SICK AND                    ness, or condition related to such immuniza-
                                                 ‘‘(2) PAYMENTS TO OTHER POSSESSIONS.—The
                                                                                                                       FAMILY LEAVE                           tion’ after ‘medical diagnosis’ in section
                                               Secretary shall pay to each possession of the
                                               United States which does not have a mirror              SEC. 9641. PAYROLL CREDITS.                            5102(a)(3) thereof, and
                                               code tax system amounts estimated by the                  (a) IN GENERAL.—Chapter 21 of the Internal             ‘‘(ii) by applying section 5102(b)(1) of such
                                               Secretary as being equal to the aggregate               Revenue Code of 1986 is amended by adding              Act separately with respect to each calendar
                                               benefits that would have been provided to               at the end the following new subchapter:               year after 2020 (and, in the case of calendar
                                               residents of such possession by reason of this                      ‘‘Subchapter D—Credits                     year 2021, without regard to the first quarter
                                               section with respect to taxable years begin-                                                                   thereof).
                                                                                                       ‘‘Sec. 3131. Credit for paid sick leave.
                                               ning in or with 2021 if a mirror code tax sys-                                                                   ‘‘(B) LEAVE MUST MEET REQUIREMENTS.—If
                                                                                                       ‘‘Sec. 3132. Payroll credit for paid family
                                               tem had been in effect in such possession.                                                                     an employer fails to comply with any re-
                                                                                                                      leave.
                                               The preceding sentence shall not apply un-                                                                     quirement of such Act (determined without
                                                                                                       ‘‘Sec. 3133. Special rule related to tax on
                                               less the respective possession has a plan,                                                                     regard to section 5109 thereof) with respect
                                                                                                                      employers.
                                               which has been approved by the Secretary,                                                                      to paid sick time (as defined in section 5110
                                                                                                       ‘‘SEC. 3131. CREDIT FOR PAID SICK LEAVE.
                                               under which such possession will promptly                                                                      of such Act), amounts paid by such employer
                                                                                                          ‘‘(a) IN GENERAL.—In the case of an em-             with respect to such paid sick time shall not
                                               distribute such payments to its residents.
                                                                                                       ployer, there shall be allowed as a credit             be taken into account as qualified sick leave
                                                 ‘‘(3) COORDINATION WITH CREDIT ALLOWED
                                                                                                       against applicable employment taxes for                wages. For purposes of the preceding sen-
                                               AGAINST UNITED STATES INCOME TAXES.—In
                                                                                                       each calendar quarter an amount equal to               tence, an employer which takes an action de-
                                               the case of any taxable year beginning in or
                                                                                                       100 percent of the qualified sick leave wages          scribed in section 5104 of such Act shall be
                                               with 2021, no credit shall be allowed under
                                                                                                       paid by such employer with respect to such             treated as failing to meet a requirement of
                                               this section to any individual—
                                                                                                       calendar quarter.                                      such Act.
                                                 ‘‘(A) to whom a credit is allowable against
                                                                                                         ‘‘(b) LIMITATIONS AND REFUNDABILITY.—                  ‘‘(d) ALLOWANCE OF CREDIT FOR CERTAIN
                                               taxes imposed by a possession with a mirror
                                                                                                         ‘‘(1) WAGES TAKEN INTO ACCOUNT.—The                  HEALTH PLAN EXPENSES.—
                                               code tax system by reason of this section, or
                                                                                                       amount of qualified sick leave wages taken               ‘‘(1) IN GENERAL.—The amount of the credit
                                                 ‘‘(B) who is eligible for a payment under a
                                                                                                       into account under subsection (a), plus any            allowed under subsection (a) shall be in-
                                               plan described in paragraph (2).
                                                                                                       increases under subsection (e), with respect           creased by so much of the employer’s quali-
                                                 ‘‘(4) MIRROR CODE TAX SYSTEM.—For pur-
                                                                                                       to any individual shall not exceed $200 ($511          fied health plan expenses as are properly al-
                                               poses of this subsection, the term ‘mirror
                                                                                                       in the case of any day any portion of which            locable to the qualified sick leave wages for
                                               code tax system’ means, with respect to any
                                                                                                       is paid sick time described in paragraph (1),          which such credit is so allowed.
                                               possession of the United States, the income
                                                                                                       (2), or (3) of section 5102(a) of the Emergency          ‘‘(2) QUALIFIED HEALTH PLAN EXPENSES.—
                                               tax system of such possession if the income
                                                                                                       Paid Sick Leave Act, applied with the modi-            For purposes of this subsection, the term
                                               tax liability of the residents of such posses-
                                                                                                       fication described in subsection (c)(2)(A)(i))         ‘qualified health plan expenses’ means
                                               sion under such system is determined by ref-
                                                                                                       for any day (or portion thereof) for which the         amounts paid or incurred by the employer to
                                               erence to the income tax laws of the United
                                                                                                       individual is paid qualified sick leave wages.         provide and maintain a group health plan (as
                                               States as if such possession were the United
                                                                                                         ‘‘(2) OVERALL LIMITATION ON NUMBER OF                defined in section 5000(b)(1)), but only to the
                                               States.
                                                                                                       DAYS TAKEN INTO ACCOUNT.—The aggregate                 extent that such amounts are excluded from
                                                 ‘‘(5) TREATMENT OF PAYMENTS.—For pur-
                                                                                                       number of days taken into account under                the gross income of employees by reason of
                                               poses of section 1324 of title 31, United States
                                                                                                       paragraph (1) for any calendar quarter shall           section 106(a).
                                               Code, the payments under this subsection
                                                                                                       not exceed the excess (if any) of—                       ‘‘(3) ALLOCATION RULES.—For purposes of
                                               shall be treated in the same manner as a re-
                                                                                                         ‘‘(A) 10, over                                       this section, qualified health plan expenses
                                               fund due from a credit provision referred to
                                                                                                         ‘‘(B) the aggregate number of days so                shall be allocated to qualified sick leave
                                               in subsection (b)(2) of such section.’’.
                                                 (c) CONFORMING AMENDMENTS.—                           taken into account during preceding cal-               wages in such manner as the Secretary may
                                                 (1) Section 6211(b)(4)(A) of such Code, as            endar quarters in such calendar year (other            prescribe. Except as otherwise provided by
                                               amended by the preceding provisions of this             than the first quarter of calendar year 2021).         the Secretary, such allocation shall be treat-
                                               Act, is amended by inserting ‘‘21 by reason of            ‘‘(3) CREDIT LIMITED TO CERTAIN EMPLOY-              ed as properly made if made on the basis of
                                               subsection (g) thereof,’’ before ‘‘24’’.                MENT TAXES.—The credit allowed by sub-                 being pro rata among covered employees and
                                                 (2) Section 1324(b)(2) of title 31, United            section (a) with respect to any calendar               pro rata on the basis of periods of coverage
                                               States Code (as amended by the preceding                quarter shall not exceed the applicable em-            (relative to the time periods of leave to
                                               provisions of this title), is amended by in-            ployment taxes for such calendar quarter on            which such wages relate).
                                                                                                       the wages paid with respect to the employ-               ‘‘(e) ALLOWANCE OF CREDIT FOR AMOUNTS




SSpencer on DSK126QN23PROD with SENATE
                                               serting ‘‘21,’’ before ‘‘24’’.
                                                 (d) EFFECTIVE DATE.—The amendments                    ment of all employees of the employer.                 PAID UNDER CERTAIN COLLECTIVELY BAR-
                                               made by this section shall apply to taxable               ‘‘(4) REFUNDABILITY OF EXCESS CREDIT.—               GAINED AGREEMENTS.—
                                               years beginning after December 31, 2020.                  ‘‘(A) CREDIT IS REFUNDABLE.—If the amount              ‘‘(1) IN GENERAL.—The amount of the credit
                                               SEC. 9632. INCREASE IN EXCLUSION FOR EM-                of the credit under subsection (a) exceeds the         allowed under subsection (a) shall be in-
                                                           PLOYER-PROVIDED      DEPENDENT              limitation of paragraph (3) for any calendar           creased by the sum of—
                                                           CARE ASSISTANCE.                            quarter, such excess shall be treated as an              ‘‘(A) so much of the employer’s collec-
                                                 (a) IN GENERAL.—Section 129(a)(2) of the In-          overpayment that shall be refunded under               tively bargained defined benefit pension plan
                                               ternal Revenue Code of 1986 is amended by               sections 6402(a) and 6413(b).                          contributions as are properly allocable to




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                                               March 4, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                     S1095
                                               the qualified sick leave wages for which such           gram contributions allocated to qualified                ‘‘(iii) a restaurant revitalization grant
                                               credit is so allowed, plus                              sick leave wages for any calendar quarter              under section 5003 of the American Rescue
                                                 ‘‘(B) so much of the employer’s collectively          shall be the product of—                               Plan Act of 2021.
                                               bargained apprenticeship program contribu-                 ‘‘(i) the apprenticeship program contribu-            ‘‘(B) APPLICATION WHERE PPP LOANS NOT
                                               tions as are properly allocable to the quali-           tion rate (expressed as an hourly rate), and           FORGIVEN.—The Secretary shall issue guid-
                                               fied sick leave wages for which such credit is             ‘‘(ii) the number of hours for which quali-         ance providing that payroll costs paid during
                                               so allowed.                                             fied sick leave wages were provided to em-             the covered period shall not fail to be treated
                                                 ‘‘(2) COLLECTIVELY BARGAINED DEFINED BEN-             ployees covered under the collective bar-              as qualified sick leave wages under this sec-
                                               EFIT PENSION PLAN CONTRIBUTIONS.—For pur-               gaining agreement described in subpara-                tion by reason of subparagraph (A)(i) to the
                                               poses of this subsection—                               graph (A)(iii) during the calendar quarter.            extent that—
                                                 ‘‘(A) IN GENERAL.—The term ‘collectively                 ‘‘(f) DEFINITIONS AND SPECIAL RULES.—                 ‘‘(i) a covered loan of the taxpayer under
                                               bargained defined benefit pension plan con-                ‘‘(1) APPLICABLE EMPLOYMENT TAXES.—For              section 7(a)(37) of the Small Business Act is
                                               tributions’ means, with respect to any cal-             purposes of this section, the term ‘applicable         not forgiven by reason of a decision under
                                               endar quarter, contributions which—                     employment taxes’ means the following:                 section 7(a)(37)(J) of such Act, or
                                                 ‘‘(i) are paid or incurred by an employer                ‘‘(A) The taxes imposed under section                 ‘‘(ii) a covered loan of the taxpayer under
                                               during the calendar quarter on behalf of its                                                                   section 7A of the Small Business Act is not
                                                                                                       3111(b).
                                               employees to a defined benefit plan (as de-                                                                    forgiven by reason of a decision under sec-
                                                                                                          ‘‘(B) So much of the taxes imposed under
                                               fined in section 414(j)), which meets the re-                                                                  tion 7A(g) of such Act.
                                                                                                       section 3221(a) as are attributable to the rate
                                               quirements of section 401(a),                                                                                  Terms used in the preceding sentence which
                                                                                                       in effect under section 3111(b).
                                                 ‘‘(ii) are made based on a pension contribu-                                                                 are also used in section 7A(g) or 7(a)(37)(J) of
                                                                                                          ‘‘(2) WAGES.—For purposes of this section,
                                               tion rate, and                                                                                                 the Small Business Act shall, when applied
                                                                                                       the term ‘wages’ means wages (as defined in
                                                 ‘‘(iii) are required to be made pursuant to                                                                  in connection with either such section, have
                                                                                                       section 3121(a), determined without regard to
                                               the terms of a collective bargaining agree-                                                                    the same meaning as when used in such sec-
                                                                                                       paragraphs (1) through (22) of section 3121(b))
                                               ment in effect with respect to such calendar                                                                   tion, respectively.
                                                                                                       and compensation (as defined in section                  ‘‘(g) REGULATIONS.—The Secretary shall
                                               quarter.
                                                                                                       3231(e), determined without regard to the              prescribe such regulations or other guidance
                                                 ‘‘(B) PENSION CONTRIBUTION RATE.—The
                                               term ‘pension contribution rate’ means the              sentence in paragraph (1) thereof which be-            as may be necessary to carry out the pur-
                                               contribution rate that the employer is obli-            gins ‘Such term does not include remunera-             poses of this section, including—
                                               gated to pay on behalf of its employees under           tion’).                                                  ‘‘(1) regulations or other guidance to pre-
                                               the terms of a collective bargaining agree-                ‘‘(3) DENIAL OF DOUBLE BENEFIT.—For pur-            vent the avoidance of the purposes of the
                                               ment for benefits under a defined benefit               poses of chapter 1, the gross income of the            limitations under this section,
                                               plan under such agreement, as such rate is              employer, for the taxable year which in-                 ‘‘(2) regulations or other guidance to mini-
                                               applied to contribution base units (as defined          cludes the last day of any calendar quarter            mize compliance and record-keeping burdens
                                               by section 4001(a)(11) of the Employee Retire-          with respect to which a credit is allowed              under this section,
                                               ment Income Security Act of 1974 (29 U.S.C.             under this section, shall be increased by the            ‘‘(3) regulations or other guidance pro-
                                               1301(a)(11)).                                           amount of such credit. Any wages taken into            viding for waiver of penalties for failure to
                                                 ‘‘(C) ALLOCATION RULES.—The amount of                 account in determining the credit allowed              deposit amounts in anticipation of the allow-
                                               collectively bargained defined benefit pen-             under this section shall not be taken into ac-         ance of the credit allowed under this section,
                                               sion plan contributions allocated to qualified          count for purposes of determining the credit             ‘‘(4) regulations or other guidance for re-
                                               sick leave wages for any calendar quarter               allowed under sections 45A, 45P, 45S, 51, 3132,        capturing the benefit of credits determined
                                               shall be the product of—                                and 3134. In the case of any credit allowed            under this section in cases where there is a
                                                 ‘‘(i) the pension contribution rate (ex-              under section 2301 of the CARES Act or sec-            subsequent adjustment to the credit deter-
                                               pressed as an hourly rate), and                         tion 41 with respect to wages taken into ac-           mined under subsection (a),
                                                 ‘‘(ii) the number of hours for which quali-           count under this section, the credit allowed             ‘‘(5) regulations or other guidance to en-
                                               fied sick leave wages were provided to em-              under this section shall be reduced by the             sure that the wages taken into account
                                               ployees covered under the collective bar-               portion of the credit allowed under such sec-          under this section conform with the paid
                                               gaining agreement described in subpara-                 tion 2301 or section 41 which is attributable          sick time required to be provided under the
                                               graph (A)(iii) during the calendar quarter.             to such wages.                                         Emergency Paid Sick Leave Act,
                                                 ‘‘(3) COLLECTIVELY BARGAINED APPRENTICE-                 ‘‘(4) ELECTION TO NOT TAKE CERTAIN WAGES              ‘‘(6) regulations or other guidance to per-
                                               SHIP PROGRAM CONTRIBUTIONS.—For purposes                INTO ACCOUNT.—This section shall not apply             mit the advancement of the credit deter-
                                               of this section—                                        to so much of the qualified sick leave wages           mined under subsection (a), and
                                                 ‘‘(A) IN GENERAL.—The term ‘collectively              paid by an eligible employer as such em-                 ‘‘(7) regulations or other guidance with re-
                                               bargained apprenticeship program contribu-              ployer elects (at such time and in such man-           spect to the allocation, reporting, and sub-
                                               tions’ means, with respect to any calendar              ner as the Secretary may prescribe) to not             stantiation of collectively bargained defined
                                               quarter, contributions which—                           take into account for purposes of this sec-            benefit pension plan contributions and col-
                                                 ‘‘(i) are paid or incurred by an employer on          tion.                                                  lectively bargained apprenticeship program
                                               behalf of its employees with respect to the                ‘‘(5) CERTAIN GOVERNMENTAL EMPLOYERS.—              contributions.
                                               calendar quarter to a registered apprentice-            No credit shall be allowed under this section            ‘‘(h) APPLICATION OF SECTION.—This section
                                               ship program,                                           to the Government of the United States or to           shall apply only to wages paid with respect
                                                 ‘‘(ii) are made based on an apprenticeship            any agency or instrumentality thereof. The             to the period beginning on April 1, 2021, and
                                               program contribution rate, and                          preceding sentence shall not apply to any or-          ending on September 30, 2021.
                                                 ‘‘(iii) are required to be made pursuant to           ganization described in section 501(c)(1) and            ‘‘(i) TREATMENT OF DEPOSITS.—The Sec-
                                               the terms of a collective bargaining agree-             exempt from tax under section 501(a).                  retary shall waive any penalty under section
                                               ment that is in effect with respect to such                ‘‘(6) EXTENSION OF LIMITATION ON ASSESS-            6656 for any failure to make a deposit of ap-
                                               calendar quarter.                                       MENT.—Notwithstanding section 6501, the                plicable employment taxes if the Secretary
                                                 ‘‘(B) REGISTERED APPRENTICESHIP PRO-                  limitation on the time period for the assess-          determines that such failure was due to the
                                               GRAM.—The term ‘registered apprenticeship               ment of any amount attributable to a credit            anticipation of the credit allowed under this
                                               program’ means an apprenticeship registered             claimed under this section shall not expire            section.
                                                                                                                                                                ‘‘(j) NON-DISCRIMINATION REQUIREMENT.—No
                                               under the Act of August 16, 1937 (commonly              before the date that is 5 years after the later
                                                                                                                                                              credit shall be allowed under this section to
                                               known as the ‘National Apprenticeship Act’;             of—
                                                                                                                                                              any employer for any calendar quarter if
                                               50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.)           ‘‘(A) the date on which the original return         such employer, with respect to the avail-
                                               that meets the standards of subpart A of part           which includes the calendar quarter with re-           ability of the provision of qualified sick
                                               29 and part 30 of title 29, Code of Federal             spect to which such credit is determined is            leave wages to which this section otherwise
                                               Regulations.                                            filed, or                                              applies for such calendar quarter, discrimi-
                                                 ‘‘(C) APPRENTICESHIP PROGRAM CONTRIBU-                   ‘‘(B) the date on which such return is              nates in favor of highly compensated em-
                                               TION RATE.—The term ‘apprenticeship pro-                treated as filed under section 6501(b)(2).             ployees (within the meaning of section
                                               gram contribution rate’ means the contribu-                ‘‘(7) COORDINATION WITH CERTAIN PRO-                414(q)), full-time employees, or employees on
                                               tion rate that the employer is obligated to             GRAMS.—                                                the basis of employment tenure with such
                                               pay on behalf of its employees under the                   ‘‘(A) IN GENERAL.—This section shall not            employer.
                                               terms of a collective bargaining agreement              apply to so much of the qualified sick leave




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                                                                                                                                                              ‘‘SEC. 3132. PAYROLL CREDIT FOR PAID FAMILY
                                               for benefits under a registered apprentice-             wages paid by an eligible employer as are                           LEAVE.
                                               ship program under such agreement, as such              taken into account as payroll costs in con-               ‘‘(a) IN GENERAL.—In the case of an em-
                                               rate is applied to contribution base units (as          nection with—                                          ployer, there shall be allowed as a credit
                                               defined by section 4001(a)(11) of the Em-                  ‘‘(i) a covered loan under section 7(a)(37) or      against applicable employment taxes for
                                               ployee Retirement Income Security Act of                7A of the Small Business Act,                          each calendar quarter an amount equal to
                                               1974 (29 U.S.C. 1301(a)(11)).                              ‘‘(ii) a grant under section 324 of the Eco-        100 percent of the qualified family leave
                                                 ‘‘(D) ALLOCATION RULES.—The amount of                 nomic Aid to Hard-Hit Small Businesses,                wages paid by such employer with respect to
                                               collectively bargained apprenticeship pro-              Non-Profits, and Venues Act, or                        such calendar quarter.




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                                               S1096                                             CONGRESSIONAL RECORD — SENATE                                                           March 4, 2021
                                                 ‘‘(b) LIMITATIONS AND REFUNDABILITY.—                 paid by such employer with respect to such                ‘‘(ii) the number of hours for which quali-
                                                 ‘‘(1) WAGES TAKEN INTO ACCOUNT.—The                   leave shall not be taken into account as               fied family leave wages were provided to em-
                                               amount of qualified family leave wages                  qualified family leave wages. For purposes of          ployees covered under the collective bar-
                                               taken into account under subsection (a), plus           the preceding sentence, an employer which              gaining agreement described in section
                                               any increases under subsection (e), with re-            takes an action described in section 105 of            3132(e)(3)(A)(iii) during the calendar quarter.
                                               spect to any individual shall not exceed—               the Family and Medical Leave Act of 1993                  ‘‘(f) DEFINITIONS AND SPECIAL RULES.—
                                                 ‘‘(A) for any day (or portion thereof) for            shall be treated as failing to meet a require-            ‘‘(1) APPLICABLE EMPLOYMENT TAXES.—For
                                               which the individual is paid qualified family           ment of such Act.                                      purposes of this section, the term ‘applicable
                                               leave wages, $200, and                                    ‘‘(d) ALLOWANCE OF CREDIT FOR CERTAIN                employment taxes’ means the following:
                                                 ‘‘(B) in the aggregate with respect to all            HEALTH PLAN EXPENSES.—                                    ‘‘(A) The taxes imposed under section
                                               calendar quarters, $12,000.                               ‘‘(1) IN GENERAL.—The amount of the credit           3111(b).
                                                 ‘‘(2) CREDIT LIMITED TO CERTAIN EMPLOY-               allowed under subsection (a) shall be in-                 ‘‘(B) So much of the taxes imposed under
                                               MENT TAXES.—The credit allowed by sub-                  creased by so much of the employer’s quali-            section 3221(a) as are attributable to the rate
                                               section (a) with respect to any calendar                fied health plan expenses as are properly al-          in effect under section 3111(b).
                                               quarter shall not exceed the applicable em-             locable to the qualified family leave wages               ‘‘(2) WAGES.—For purposes of this section,
                                               ployment taxes for such calendar quarter                for which such credit is so allowed.                   the term ‘wages’ means wages (as defined in
                                               (reduced by any credits allowed under sec-                ‘‘(2) QUALIFIED HEALTH PLAN EXPENSES.—               section 3121(a), determined without regard to
                                               tion 3131) on the wages paid with respect to            For purposes of this subsection, the term              paragraphs (1) through (22) of section 3121(b))
                                               the employment of all employees of the em-              ‘qualified health plan expenses’ means                 and compensation (as defined in section
                                               ployer.                                                 amounts paid or incurred by the employer to            3231(e), determined without regard to the
                                                 ‘‘(3) REFUNDABILITY OF EXCESS CREDIT.—                provide and maintain a group health plan (as           sentence in paragraph (1) thereof which be-
                                                 ‘‘(A) CREDIT IS REFUNDABLE.—If the amount             defined in section 5000(b)(1)), but only to the        gins ‘Such term does not include remunera-
                                               of the credit under subsection (a) exceeds the          extent that such amounts are excluded from             tion’).
                                               limitation of paragraph (2) for any calendar            the gross income of employees by reason of                ‘‘(3) DENIAL OF DOUBLE BENEFIT.—For pur-
                                               quarter, such excess shall be treated as an             section 106(a).                                        poses of chapter 1, the gross income of the
                                               overpayment that shall be refunded under                  ‘‘(3) ALLOCATION RULES.—For purposes of              employer, for the taxable year which in-
                                               sections 6402(a) and 6413(b).                           this section, qualified health plan expenses           cludes the last day of any calendar quarter
                                                 ‘‘(B) ADVANCING CREDIT.—In anticipation of            shall be allocated to qualified family leave           with respect to which a credit is allowed
                                               the credit, including the refundable portion            wages in such manner as the Secretary may              under this section, shall be increased by the
                                               under subparagraph (A), the credit shall be             prescribe. Except as otherwise provided by             amount of such credit. Any wages taken into
                                               advanced, according to forms and instruc-               the Secretary, such allocation shall be treat-         account in determining the credit allowed
                                               tions provided by the Secretary, up to an               ed as properly made if made on the basis of            under this section shall not be taken into ac-
                                               amount calculated under subsection (a), sub-            being pro rata among covered employees and             count for purposes of determining the credit
                                               ject to the limits under paragraph (1) and (2),         pro rata on the basis of periods of coverage           allowed under sections 45A, 45P, 45S, 51, 3131,
                                               all calculated through the end of the most              (relative to the time periods of leave to              and 3134. In the case of any credit allowed
                                               recent payroll period in the quarter.                   which such wages relate).                              under section 2301 of the CARES Act or sec-
                                                 ‘‘(c) QUALIFIED FAMILY LEAVE WAGES.—                    ‘‘(e) ALLOWANCE OF CREDIT FOR AMOUNTS                tion 41 with respect to wages taken into ac-
                                                 ‘‘(1) IN GENERAL.—For purposes of this sec-           PAID UNDER CERTAIN COLLECTIVELY BAR-                   count under this section, the credit allowed
                                               tion, the term ‘qualified family leave wages’           GAINED AGREEMENTS.—                                    under this section shall be reduced by the
                                               means wages paid by an employer which                     ‘‘(1) IN GENERAL.—The amount of the credit           portion of the credit allowed under such sec-
                                               would be required to be paid by reason of the           allowed under subsection (a) shall be in-              tion 2301 or section 41 which is attributable
                                               Emergency Family and Medical Leave Ex-                  creased by so much of the sum of—                      to such wages.
                                               pansion Act (including the amendments                     ‘‘(A) so much of the employer’s collec-                 ‘‘(4) ELECTION TO NOT TAKE CERTAIN WAGES
                                               made by such Act) as if such Act (and                   tively bargained defined benefit pension plan          INTO ACCOUNT.—This section shall not apply
                                               amendments made by such Act) applied after              contributions as are properly allocable to             to so much of the qualified family leave
                                               March 31, 2021.                                         the qualified family leave wages for which             wages paid by an eligible employer as such
                                                 ‘‘(2) RULES OF APPLICATION.—                          such credit is so allowed, plus                        employer elects (at such time and in such
                                                 ‘‘(A) IN GENERAL.—For purposes of deter-                ‘‘(B) so much of the employer’s collectively         manner as the Secretary may prescribe) to
                                               mining whether wages are qualified family               bargained apprenticeship program contribu-             not take into account for purposes of this
                                               leave wages under paragraph (1)—                        tions as are properly allocable to the quali-          section.
                                                 ‘‘(i) section 110(a)(2)(A) of the Family and          fied family leave wages for which such credit             ‘‘(5) CERTAIN GOVERNMENTAL EMPLOYERS.—
                                               Medical Leave Act of 1993 shall be applied by           is so allowed.                                         No credit shall be allowed under this section
                                               inserting ‘or any reason for leave described              ‘‘(2) COLLECTIVELY BARGAINED DEFINED BEN-            to the Government of the United States or to
                                               in section 5102(a) of the Families First                EFIT PENSION PLAN CONTRIBUTIONS.—For pur-              any agency or instrumentality thereof. The
                                               Coronavirus Response Act, or the employee               poses of this subsection—                              preceding sentence shall not apply to any or-
                                               is seeking or awaiting the results of a diag-             ‘‘(A) IN GENERAL.—The term ‘collectively             ganization described in section 501(c)(1) and
                                               nostic test for, or a medical diagnosis of,             bargained defined benefit pension plan con-            exempt from tax under section 501(a).
                                               COVID-19 and such employee has been ex-                 tributions’ has the meaning given such term               ‘‘(6) EXTENSION OF LIMITATION ON ASSESS-
                                               posed to COVID-19 or the employee’s em-                 under section 3131(e)(2).                              MENT.—Notwithstanding section 6501, the
                                               ployer has requested such test or diagnosis,              ‘‘(B) ALLOCATION RULES.—The amount of                limitation on the time period for the assess-
                                               or the employee is obtaining immunization               collectively bargained defined benefit pen-            ment of any amount attributable to a credit
                                               related to COVID–19 or recovering from any              sion plan contributions allocated to qualified         claimed under this section shall not expire
                                               injury, disability, illness, or condition re-           family leave wages for any calendar quarter            before the date that is 5 years after the later
                                               lated to such immunization’ after ‘public               shall be the product of—                               of—
                                               health emergency’, and                                    ‘‘(i) the pension contribution rate (as de-             ‘‘(A) the date on which the original return
                                                 ‘‘(ii) section 110(b) of such Act shall be ap-        fined in section 3131(e)(2)), expressed as an          which includes the calendar quarter with re-
                                               plied—                                                  hourly rate, and                                       spect to which such credit is determined is
                                                 ‘‘(I) without regard to paragraph (1) there-            ‘‘(ii) the number of hours for which quali-          filed, or
                                               of,                                                     fied family leave wages were provided to em-              ‘‘(B) the date on which such return is
                                                 ‘‘(II) by striking ‘after taking leave after          ployees covered under the collective bar-              treated as filed under section 6501(b)(2).
                                               such section for 10 days’ in paragraph (2)(A)           gaining agreement described in section                    ‘‘(7) COORDINATION WITH CERTAIN PRO-
                                               thereof, and                                            3132(e)(2)(A)(iii) during the calendar quarter.        GRAMS.—
                                                 ‘‘(III) by substituting ‘$12,000’ for ‘$10,000’         ‘‘(3) COLLECTIVELY BARGAINED APPRENTICE-                ‘‘(A) IN GENERAL.—This section shall not
                                               in paragraph (2)(B)(ii) thereof.                        SHIP PROGRAM CONTRIBUTIONS.—For purposes               apply to so much of the qualified family
                                                 ‘‘(B) LEAVE MUST MEET REQUIREMENTS.—                  of this section—                                       leave wages paid by an eligible employer as
                                               For purposes of determining whether wages                 ‘‘(A) IN GENERAL.—The term ‘collectively             are taken into account as payroll costs in
                                               would be required to be paid under paragraph            bargained apprenticeship program contribu-             connection with—
                                               (1), if an employer fails to comply with any            tions’ has the meaning given such term                    ‘‘(i) a covered loan under section 7(a)(37) or
                                               requirement of the Family and Medical                   under section 3131(e)(3).                              7A of the Small Business Act,
                                               Leave Act of 1993 or the Emergency Family                 ‘‘(B) ALLOCATION RULES.—For purposes of                 ‘‘(ii) a grant under section 324 of the Eco-




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                                               and Medical Leave Expansion Act (deter-                 this section, the amount of collectively bar-          nomic Aid to Hard-Hit Small Businesses,
                                               mined without regard to any time limitation             gained apprenticeship program contributions            Non-Profits, and Venues Act, or
                                               under section 102(a)(1)(F) of the Family and            allocated to qualified family leave wages for             ‘‘(iii) a restaurant revitalization grant
                                               Medical Leave Act of 1994) with respect to              any calendar quarter shall be the product              under section 5003 of the American Rescue
                                               any leave provided for a qualifying need re-            of—                                                    Plan Act of 2021.
                                               lated to a public health emergency (as de-                ‘‘(i) the apprenticeship contribution rate              ‘‘(B) APPLICATION WHERE PPP LOANS NOT
                                               fined in section 110 of such Act, applied as            (as defined in section 3131(e)(3)), expressed as       FORGIVEN.—The Secretary shall issue guid-
                                               described in subparagraph (A)(i)), amounts              an hourly rate, and                                    ance providing that payroll costs paid during




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                                               March 4, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                     S1097
                                               the covered period shall not fail to be treated         credit increase under subsection (a), see sec-            (A) the net earnings from self-employment
                                               as qualified family leave wages under this              tions 3131(f)(3) and 3132(f)(3).’’.                    of the individual for the taxable year, di-
                                               section by reason of subparagraph (A)(i) to                (b) REFUNDS.—Paragraph (2) of section               vided by
                                               the extent that—                                        1324(b) of title 31, United States Code, is               (B) 260.
                                                 ‘‘(i) a covered loan of the taxpayer under            amended by inserting ‘‘3131, 3132,’’ before               (3) ELECTION TO USE PRIOR YEAR NET EARN-
                                               section 7(a)(37) of the Small Business Act is           ‘‘6428’’.                                              INGS FROM SELF-EMPLOYMENT INCOME.—In the
                                               not forgiven by reason of a decision under                 (c) CLERICAL AMENDMENT.—The table of                case of an individual who elects (at such
                                               section 7(a)(37)(J) of such Act, or                     subchapters for chapter 21 of the Internal             time and in such manner as the Secretary
                                                 ‘‘(ii) a covered loan of the taxpayer under           Revenue Code of 1986 is amended by adding              may provide) the application of this para-
                                               section 7A of the Small Business Act is not             at the end the following new item:                     graph, paragraph (2)(A) shall be applied by
                                               forgiven by reason of a decision under sec-                       ‘‘SUBCHAPTER D—CREDITS’’.                    substituting ‘‘the prior taxable year’’ for
                                               tion 7A(g) of such Act.                                    (d) EFFECTIVE DATE.—The amendments                  ‘‘the taxable year’’.
                                               Terms used in the preceding sentence which              made by this section shall apply to amounts               (4) ELECTION TO NOT TAKE DAYS INTO AC-
                                               are also used in section 7A(g) or 7(a)(37)(J) of        paid with respect to calendar quarters begin-          COUNT.—Any day shall not be taken into ac-
                                               the Small Business Act shall, when applied              ning after March 31, 2021.                             count under paragraph (1)(A) if the eligible
                                               in connection with either such section, have            SEC. 9642. CREDIT FOR SICK LEAVE FOR CER-              self-employed individual elects (at such time
                                               the same meaning as when used in such sec-                          TAIN SELF-EMPLOYED INDIVIDUALS.            and in such manner as the Secretary may
                                               tion, respectively.                                       (a) IN GENERAL.—In the case of an eligible           prescribe) to not take such day into account
                                                 ‘‘(g) REGULATIONS.—The Secretary shall                self-employed individual, there shall be al-           for purposes of such paragraph.
                                               prescribe such regulations or other guidance            lowed as a credit against the tax imposed by              (d) CREDIT REFUNDABLE.—
                                               as may be necessary to carry out the pur-               chapter 1 of the Internal Revenue Code of                 (1) IN GENERAL.—The credit determined
                                               poses of this section, including—                       1986 for any taxable year an amount equal to           under this section shall be treated as a credit
                                                 ‘‘(1) regulations or other guidance to pre-           the qualified sick leave equivalent amount             allowed to the taxpayer under subpart C of
                                               vent the avoidance of the purposes of the               with respect to the individual.
                                                                                                                                                              part IV of subchapter A of chapter 1 of such
                                               limitations under this section,                           (b) ELIGIBLE SELF-EMPLOYED INDIVIDUAL.—
                                                                                                       For purposes of this section—                          Code.
                                                 ‘‘(2) regulations or other guidance to mini-                                                                    (2) TREATMENT OF PAYMENTS.—For pur-
                                               mize compliance and record-keeping burdens                (1) IN GENERAL.—The term ‘‘eligible self-
                                                                                                       employed individual’’ means an individual              poses of section 1324 of title 31, United States
                                               under this section,                                                                                            Code, any refund due from the credit deter-
                                                 ‘‘(3) regulations or other guidance pro-              who—
                                                                                                         (A) regularly carries on any trade or busi-          mined under this section shall be treated in
                                               viding for waiver of penalties for failure to                                                                  the same manner as a refund due from a
                                                                                                       ness within the meaning of section 1402 of
                                               deposit amounts in anticipation of the allow-                                                                  credit provision referred to in subsection
                                                                                                       the Internal Revenue Code of 1986, and
                                               ance of the credit allowed under this section,                                                                 (b)(2) of such section.
                                                                                                         (B) would be entitled to receive paid leave
                                                 ‘‘(4) regulations or other guidance for re-                                                                     (e) SPECIAL RULES.—
                                                                                                       during the taxable year pursuant to the
                                               capturing the benefit of credits determined                                                                       (1) DOCUMENTATION.—No credit shall be al-
                                                                                                       Emergency Paid Sick Leave Act if—
                                               under this section in cases where there is a                                                                   lowed under this section unless the indi-
                                                                                                         (i) the individual were an employee of an
                                               subsequent adjustment to the credit deter-                                                                     vidual maintains such documentation as the
                                                                                                       employer (other than himself or herself), and
                                               mined under subsection (a),                                                                                    Secretary may prescribe to establish such in-
                                                                                                         (ii) such Act applied after March 31, 2021.
                                                 ‘‘(5) regulations or other guidance to en-                                                                   dividual as an eligible self-employed indi-
                                                                                                         (2) RULES OF APPLICATION.—For purposes of
                                               sure that the wages taken into account                                                                         vidual.
                                                                                                       paragraph (1)(B), in determining whether an
                                               under this section conform with the paid                                                                          (2) DENIAL OF DOUBLE BENEFIT.—In the case
                                                                                                       individual would be entitled to receive paid
                                               leave required to be provided under the                                                                        of an individual who receives wages (as de-
                                                                                                       leave under the Emergency Paid Sick Leave
                                               Emergency Family and Medical Leave Ex-                                                                         fined in section 3121(a) of the Internal Rev-
                                                                                                       Act, such Act shall be applied—
                                               pansion Act (including the amendments                                                                          enue Code of 1986) or compensation (as de-
                                                                                                         (A) by inserting ‘‘, the employee is seeking
                                               made by such Act),                                                                                             fined in section 3231(e) of such Code) paid by
                                                                                                       or awaiting the results of a diagnostic test
                                                 ‘‘(6) regulations or other guidance to per-                                                                  an employer which are required to be paid by
                                                                                                       for, or a medical diagnosis of, COVID-19 and
                                               mit the advancement of the credit deter-                                                                       reason of the Emergency Paid Sick Leave
                                                                                                       such employee has been exposed to COVID-19
                                               mined under subsection (a), and                                                                                Act, the qualified sick leave equivalent
                                                                                                       or is unable to work pending the results of
                                                 ‘‘(7) regulations or other guidance with re-                                                                 amount otherwise determined under sub-
                                                                                                       such test or diagnosis, or the employee is ob-
                                               spect to the allocation, reporting, and sub-                                                                   section (c) of this section shall be reduced
                                                                                                       taining immunization related to COVID–19
                                               stantiation of collectively bargained defined                                                                  (but not below zero) to the extent that the
                                                                                                       or recovering from any injury, disability, ill-
                                               benefit pension plan contributions and col-                                                                    sum of the amount described in such sub-
                                                                                                       ness, or condition related to such immuniza-
                                               lectively bargained apprenticeship program                                                                     section and in section 3131(b)(1) of such Code
                                                                                                       tion’’ after ‘‘medical diagnosis’’ in section
                                               contributions.                                                                                                 exceeds $2,000 ($5,110 in the case of any day
                                                 ‘‘(h) APPLICATION OF SECTION.—This section            5102(a)(3) of such Act, and
                                                                                                         (B) by applying section 5102(b)(1) of such           any portion of which is paid sick time de-
                                               shall apply only to wages paid with respect                                                                    scribed in paragraph (1), (2), or (3) of section
                                               to the period beginning on April 1, 2021, and           Act separately with respect to each taxable
                                                                                                       year.                                                  5102(a) of the Emergency Paid Sick Leave
                                               ending on September 30, 2021.                                                                                  Act).
                                                 ‘‘(i) TREATMENT OF DEPOSITS.—The Sec-                   (c) QUALIFIED SICK LEAVE EQUIVALENT
                                               retary shall waive any penalty under section            AMOUNT.—For purposes of this section—                     (f) APPLICATION OF SECTION.—Only days oc-
                                               6656 for any failure to make a deposit of ap-             (1) IN GENERAL.—The term ‘‘qualified sick            curring during the period beginning on April
                                               plicable employment taxes if the Secretary              leave equivalent amount’’ means, with re-              1, 2021, and ending on September 30, 2021,
                                               determines that such failure was due to the             spect to any eligible self-employed indi-              may be taken into account under subsection
                                               anticipation of the credit allowed under this           vidual, an amount equal to—                            (c)(1)(A).
                                               section.                                                  (A) the number of days during the taxable               (g) APPLICATION OF CREDIT IN CERTAIN POS-
                                                 ‘‘(j) NON-DISCRIMINATION REQUIREMENT.—No              year (but not more than 10) that the indi-             SESSIONS.—
                                               credit shall be allowed under this section to           vidual is unable to perform services in any               (1) PAYMENTS TO POSSESSIONS WITH MIRROR
                                               any employer for any calendar quarter if                trade or business referred to in section 1402          CODE TAX SYSTEMS.—The Secretary shall pay
                                               such employer, with respect to the avail-               of the Internal Revenue Code of 1986 for a             to each possession of the United States
                                               ability of the provision of qualified family            reason with respect to which such individual           which has a mirror code tax system amounts
                                               leave wages to which this section otherwise             would be entitled to receive sick leave as de-         equal to the loss (if any) to that possession
                                               applies for such calendar quarter, discrimi-            scribed in subsection (b), multiplied by               by reason of the application of the provisions
                                               nates in favor of highly compensated em-                  (B) the lesser of—                                   of this section. Such amounts shall be deter-
                                               ployees (within the meaning of section                    (i) $200 ($511 in the case of any day of paid        mined by the Secretary based on information
                                               414(q)), full-time employees, or employees on           sick time described in paragraph (1), (2), or          provided by the government of the respective
                                               the basis of employment tenure with such                (3) of section 5102(a) of the Emergency Paid           possession.
                                               employer.                                               Sick Leave Act, applied with the modifica-                (2) PAYMENTS TO OTHER POSSESSIONS.—The
                                               ‘‘SEC. 3133. SPECIAL RULE RELATED TO TAX ON             tion described in subsection (b)(2)(A)) of this        Secretary shall pay to each possession of the
                                                             EMPLOYERS.                                section, or                                            United States which does not have a mirror
                                                  ‘‘(a) IN GENERAL.—The credit allowed by                (ii) 67 percent (100 percent in the case of          code tax system amounts estimated by the
                                               section 3131 and the credit allowed by section          any day of paid sick time described in para-           Secretary as being equal to the aggregate




SSpencer on DSK126QN23PROD with SENATE
                                               3132 shall each be increased by the amount of           graph (1), (2), or (3) of section 5102(a) of the       benefits (if any) that would have been pro-
                                               the taxes imposed by subsections (a) and (b)            Emergency Paid Sick Leave Act) of the aver-            vided to residents of such possession by rea-
                                               of section 3111 and section 3221(a) on quali-           age daily self-employment income of the in-            son of the provisions of this section if a mir-
                                               fied sick leave wages, or qualified family              dividual for the taxable year.                         ror code tax system had been in effect in
                                               leave wages, for which credit is allowed                  (2) AVERAGE DAILY SELF-EMPLOYMENT IN-                such possession. The preceding sentence
                                               under such section 3131 or 3132 (respectively).         COME.—For purposes of this subsection, the             shall not apply unless the respective posses-
                                                 ‘‘(b) DENIAL OF DOUBLE BENEFIT.—For de-               term ‘‘average daily self-employment in-               sion has a plan, which has been approved by
                                               nial of double benefit with respect to the              come’’ means an amount equal to—                       the Secretary, under which such possession




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                                               S1098                                             CONGRESSIONAL RECORD — SENATE                                                          March 4, 2021
                                               will promptly distribute such payments to                  (A) the number of days (not to exceed 60)           which has a mirror code tax system amounts
                                               its residents.                                          during the taxable year that the individual            equal to the loss (if any) to that possession
                                                 (3) MIRROR CODE TAX SYSTEM.—For pur-                  is unable to perform services in any trade or          by reason of the application of the provisions
                                               poses of this section, the term ‘‘mirror code           business referred to in section 1402 of the In-        of this section. Such amounts shall be deter-
                                               tax system’’ means, with respect to any pos-            ternal Revenue Code of 1986 for a reason with          mined by the Secretary based on information
                                               session of the United States, the income tax            respect to which such individual would be              provided by the government of the respective
                                               system of such possession if the income tax             entitled to receive paid leave as described in         possession.
                                               liability of the residents of such possession           subsection (b) of this section, multiplied by            (2) PAYMENTS TO OTHER POSSESSIONS.—The
                                               under such system is determined by ref-                    (B) the lesser of—                                  Secretary shall pay to each possession of the
                                               erence to the income tax laws of the United                (i) 67 percent of the average daily self-em-        United States which does not have a mirror
                                               States as if such possession were the United            ployment income of the individual for the              code tax system amounts estimated by the
                                               States.                                                 taxable year, or                                       Secretary as being equal to the aggregate
                                                 (4) TREATMENT OF PAYMENTS.—For pur-                      (ii) $200.                                          benefits (if any) that would have been pro-
                                               poses of section 1324 of title 31, United States           (2) AVERAGE DAILY SELF-EMPLOYMENT IN-               vided to residents of such possession by rea-
                                               Code, the payments under this subsection                COME.—For purposes of this subsection, the             son of the provisions of this section if a mir-
                                               shall be treated in the same manner as a re-            term ‘‘average daily self-employment in-               ror code tax system had been in effect in
                                               fund due from a credit provision referred to            come’’ means an amount equal to—                       such possession. The preceding sentence
                                               in subsection (b)(2) of such section.                      (A) the net earnings from self-employment           shall not apply unless the respective posses-
                                                 (h) REGULATIONS.—The Secretary shall pre-             income of the individual for the taxable               sion has a plan, which has been approved by
                                               scribe such regulations or other guidance as            year, divided by                                       the Secretary, under which such possession
                                               may be necessary to carry out the purposes                 (B) 260.                                            will promptly distribute such payments to
                                               of this section, including—                                (3) ELECTION TO USE PRIOR YEAR NET EARN-            its residents.
                                                 (1) regulations or other guidance to effec-           INGS FROM SELF-EMPLOYMENT INCOME.—In the                 (3) MIRROR CODE TAX SYSTEM.—For pur-
                                               tuate the purposes of this section, and                 case of an individual who elects (at such              poses of this section, the term ‘‘mirror code
                                                 (2) regulations or other guidance to mini-            time and in such manner as the Secretary               tax system’’ means, with respect to any pos-
                                               mize compliance and record-keeping burdens              may provide) the application of this para-             session of the United States, the income tax
                                               under this section.                                     graph, paragraph (2)(A) shall be applied by            system of such possession if the income tax
                                               SEC. 9643. CREDIT FOR FAMILY LEAVE FOR CER-
                                                                                                       substituting ‘‘the prior taxable year’’ for            liability of the residents of such possession
                                                           TAIN SELF-EMPLOYED INDIVIDUALS.             ‘‘the taxable year’’.                                  under such system is determined by ref-
                                                 (a) IN GENERAL.—In the case of an eligible               (4) COORDINATION WITH CREDIT FOR SICK               erence to the income tax laws of the United
                                                                                                       LEAVE.—Any day taken into account in de-               States as if such possession were the United
                                               self-employed individual, there shall be al-
                                               lowed as a credit against the tax imposed by            termining the qualified sick leave equivalent          States.
                                               chapter 1 of the Internal Revenue Code of               amount with respect to any eligible-self em-             (4) TREATMENT OF PAYMENTS.—For pur-
                                               1986 for any taxable year an amount equal to            ployed individual under section 9642 shall not         poses of section 1324 of title 31, United States
                                               100 percent of the qualified family leave               be take into account in determining the                Code, the payments under this subsection
                                               equivalent amount with respect to the indi-             qualified family leave equivalent amount               shall be treated in the same manner as a re-
                                               vidual.                                                 with respect to such individual under this             fund due from a credit provision referred to
                                                                                                       section.                                               in subsection (b)(2) of such section.
                                                 (b) ELIGIBLE SELF-EMPLOYED INDIVIDUAL.—
                                                                                                          (d) CREDIT REFUNDABLE.—                               (h) REGULATIONS.—The Secretary shall pre-
                                               For purposes of this section—
                                                                                                          (1) IN GENERAL.—The credit determined
                                                 (1) IN GENERAL.—The term ‘‘eligible self-                                                                    scribe such regulations or other guidance as
                                                                                                       under this section shall be treated as a credit
                                               employed individual’’ means an individual                                                                      may be necessary to carry out the purposes
                                                                                                       allowed to the taxpayer under subpart C of
                                               who—                                                                                                           of this section, including—
                                                                                                       part IV of subchapter A of chapter 1 of such
                                                 (A) regularly carries on any trade or busi-                                                                    (1) regulations or other guidance to pre-
                                                                                                       Code.
                                               ness within the meaning of section 1402 of                                                                     vent the avoidance of the purposes of this
                                                                                                          (2) TREATMENT OF PAYMENTS.—For pur-
                                               the Internal Revenue Code of 1986, and                                                                         section, and
                                                                                                       poses of section 1324 of title 31, United States
                                                 (B) would be entitled to receive paid leave                                                                    (2) regulations or other guidance to mini-
                                                                                                       Code, any refund due from the credit deter-
                                               during the taxable year pursuant to the                                                                        mize compliance and record-keeping burdens
                                                                                                       mined under this section shall be treated in
                                               Emergency Family and Medical Leave Ex-                                                                         under this section.
                                                                                                       the same manner as a refund due from a
                                               pansion Act if—                                                                                                 PART 6—EMPLOYEE RETENTION CREDIT
                                                                                                       credit provision referred to in subsection
                                                 (i) the individual were an employee of an
                                                                                                       (b)(2) of such section.                                SEC. 9651. EXTENSION OF EMPLOYEE RETENTION
                                               employer (other than himself or herself),                  (e) SPECIAL RULES.—                                              CREDIT.
                                                 (ii) section 102(a)(1)(F) of the Family and              (1) DOCUMENTATION.—No credit shall be al-
                                               Medical Leave Act of 1993 applied after                                                                          (a) IN GENERAL.—Subchapter D of chapter
                                                                                                       lowed under this section unless the indi-              21 of subtitle C of the Internal Revenue Code
                                               March 31, 2021.                                         vidual maintains such documentation as the
                                                 (2) RULES OF APPLICATION.—For purposes of                                                                    of 1986, as added by section 9641, is amended
                                                                                                       Secretary may prescribe to establish such in-          by adding at the end the following:
                                               paragraph (1)(B), in determining whether an             dividual as an eligible self-employed indi-
                                               individual would be entitled to receive paid            vidual.                                                ‘‘SEC. 3134. EMPLOYEE RETENTION CREDIT FOR
                                               leave under the Emergency Family and Med-                                                                                   EMPLOYERS SUBJECT TO CLOSURE
                                                                                                          (2) DENIAL OF DOUBLE BENEFIT.—In the case                        DUE TO COVID–19.
                                               ical Leave Act—                                         of an individual who receives wages (as de-
                                                 (A) section 110(a)(2)(A) of the Family and            fined in section 3121(a) of the Internal Rev-            ‘‘(a) IN GENERAL.—In the case of an eligible
                                               Medical Leave Act of 1993 shall be applied by           enue Code of 1986) or compensation (as de-             employer, there shall be allowed as a credit
                                               inserting ‘‘or any reason for leave described           fined in section 3231(e) of such Code) paid by         against applicable employment taxes for
                                               in section 5102(a) of the Families First                an employer which are required to be paid by           each calendar quarter an amount equal to 70
                                               Coronavirus Response Act, or the employee               reason of the Emergency Family and Med-                percent of the qualified wages with respect
                                               is seeking or awaiting the results of a diag-           ical Leave Expansion Act, the qualified fam-           to each employee of such employer for such
                                               nostic test for, or a medical diagnosis of,             ily leave equivalent amount otherwise de-              calendar quarter.
                                               COVID-19 and such employee has been ex-                 scribed in subsection (c) of this section shall          ‘‘(b) LIMITATIONS AND REFUNDABILITY.—
                                               posed to COVID-19 or is unable to work pend-            be reduced (but not below zero) to the extent            ‘‘(1) IN GENERAL.—
                                               ing the results of such test or diagnosis, or           that the sum of the amount described in                  ‘‘(A) WAGES TAKEN INTO ACCOUNT.—The
                                               the employee is obtaining immunization re-              such subsection and in section 3132(b)(1) of           amount of qualified wages with respect to
                                               lated to COVID–19 or recovering from any in-            such Code exceeds $12,000.                             any employee which may be taken into ac-
                                               jury, disability, illness, or condition related            (3) REFERENCES TO EMERGENCY FAMILY AND              count under subsection (a) by the eligible
                                               to such immunization’’ after ‘‘public health            MEDICAL LEAVE EXPANSION ACT.—Any ref-                  employer for any calendar quarter shall not
                                               emergency’’, and                                        erence in this section to the Emergency                exceed $10,000.
                                                 (B) section 110(b) of such Act shall be ap-           Family and Medical Leave Expansion Act                   ‘‘(B) RECOVERY STARTUP BUSINESSES.—In
                                               plied—                                                  shall be treated as including a reference to           the case of an eligible employer which is a
                                                 (i) without regard to paragraph (1) thereof,          the amendments made by such Act.                       recovery startup business (as defined in sub-
                                               and                                                        (f) APPLICATION OF SECTION.—Only days oc-           section (c)(5)), the amount of the credit al-
                                                 (ii) by striking ‘‘after taking leave after                                                                  lowed under subsection (a) (after application




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                                                                                                       curring during the period beginning on April
                                               such section for 10 days’’ in paragraph (2)(A)          1, 2021 and ending on September 30, 2021, may          of subparagraph (A)) for any calendar quar-
                                               thereof.                                                be taken into account under subsection                 ter shall not exceed $50,000.
                                                 (c) QUALIFIED FAMILY LEAVE EQUIVALENT                 (c)(1)(A).                                               ‘‘(2) CREDIT LIMITED TO EMPLOYMENT
                                               AMOUNT.—For purposes of this section—                      (g) APPLICATION OF CREDIT IN CERTAIN POS-           TAXES.—The credit allowed by subsection (a)
                                                 (1) IN GENERAL.—The term ‘‘qualified fam-             SESSIONS.—                                             with respect to any calendar quarter shall
                                               ily leave equivalent amount’’ means, with                  (1) PAYMENTS TO POSSESSIONS WITH MIRROR             not exceed the applicable employment taxes
                                               respect to any eligible self-employed indi-             CODE TAX SYSTEMS.—The Secretary shall pay              (reduced by any credits allowed under sec-
                                               vidual, an amount equal to the product of—              to each possession of the United States                tions 3131 and 3132) on the wages paid with




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                                               March 4, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                     S1099
                                               respect to the employment of all the employ-            by such eligible employer with respect to                ‘‘(C) which, with respect to such quarter, is
                                               ees of the eligible employer for such calendar          which an employee is not providing services            not described in subclause (I) or (II) of para-
                                               quarter.                                                due to circumstances described in subclause            graph (2)(A)(ii).
                                                  ‘‘(3) REFUNDABILITY OF EXCESS CREDIT.—If             (I) or (II) of paragraph (2)(A)(ii), or                  ‘‘(6) OTHER TERMS.—Any term used in this
                                               the amount of the credit under subsection (a)             ‘‘(ii) in the case of an eligible employer for       section which is also used in this chapter or
                                               exceeds the limitation of paragraph (2) for             which the average number of full-time em-              chapter 22 shall have the same meaning as
                                               any calendar quarter, such excess shall be              ployees (within the meaning of section                 when used in such chapter.
                                               treated as an overpayment that shall be re-             4980H) employed by such eligible employer                ‘‘(d) AGGREGATION RULE.—All persons
                                               funded under sections 6402(a) and 6413(b).              during 2019 was not greater than 500—                  treated as a single employer under sub-
                                                  ‘‘(c) DEFINITIONS.—For purposes of this sec-           ‘‘(I) with respect to an eligible employer           section (a) or (b) of section 52, or subsection
                                               tion—                                                                                                          (m) or (o) of section 414, shall be treated as
                                                                                                       described in subclause (I) of paragraph
                                                  ‘‘(1) APPLICABLE EMPLOYMENT TAXES.—The                                                                      one employer for purposes of this section.
                                                                                                       (2)(A)(ii), wages paid by such eligible em-
                                               term ‘applicable employment taxes’ means                                                                         ‘‘(e) CERTAIN RULES TO APPLY.—For pur-
                                                                                                       ployer with respect to an employee during
                                               the following:                                                                                                 poses of this section, rules similar to the
                                                  ‘‘(A) The taxes imposed under section                any period described in such clause, or                rules of sections 51(i)(1) and 280C(a) shall
                                               3111(b).                                                  ‘‘(II) with respect to an eligible employer          apply.
                                                  ‘‘(B) So much of the taxes imposed under             described in subclause (II) of such paragraph,           ‘‘(f) CERTAIN GOVERNMENTAL EMPLOYERS.—
                                               section 3221(a) as are attributable to the rate         wages paid by such eligible employer with                ‘‘(1) IN GENERAL.—This credit shall not
                                               in effect under section 3111(b).                        respect to an employee during such quarter.            apply to the Government of the United
                                                  ‘‘(2) ELIGIBLE EMPLOYER.—                              ‘‘(B) SPECIAL RULE FOR EMPLOYERS NOT IN              States, the government of any State or polit-
                                                  ‘‘(A) IN GENERAL.—The term ‘eligible em-             EXISTENCE IN 2019.—In the case of any em-              ical subdivision thereof, or any agency or in-
                                               ployer’ means any employer—                             ployer that was not in existence in 2019, sub-         strumentality of any of the foregoing.
                                                  ‘‘(i) which was carrying on a trade or busi-         paragraph (A) shall be applied by sub-                   ‘‘(2) EXCEPTION.—Paragraph (1) shall not
                                               ness during the calendar quarter for which              stituting ‘2020’ for ‘2019’ each place it ap-          apply to—
                                               the credit is determined under subsection               pears.                                                   ‘‘(A) any organization described in section
                                               (a), and                                                  ‘‘(C) SEVERELY FINANCIALLY DISTRESSED                501(c)(1) and exempt from tax under section
                                                  ‘‘(ii) with respect to any calendar quarter,         EMPLOYERS.—                                            501(a), or
                                               for which—                                                ‘‘(i) IN GENERAL.—Notwithstanding sub-                 ‘‘(B) any entity described in paragraph (1)
                                                  ‘‘(I) the operation of the trade or business         paragraph (A)(i), in the case of a severely fi-        if—
                                               described in clause (i) is fully or partially           nancially distressed employer, the term                  ‘‘(i) such entity is a college or university,
                                               suspended during the calendar quarter due to            ‘qualified wages’ means wages paid by such             or
                                               orders from an appropriate governmental au-             employer with respect to an employee during              ‘‘(ii) the principal purpose or function of
                                               thority limiting commerce, travel, or group             any calendar quarter.                                  such entity is providing medical or hospital
                                               meetings (for commercial, social, religious,              ‘‘(ii) DEFINITION.—The term ‘severely fi-            care.
                                               or other purposes) due to the coronavirus               nancially distressed employer’ means an eli-           In the case of any entity described in sub-
                                               disease 2019 (COVID–19),                                gible employer as defined in paragraph (2),            paragraph (B), such entity shall be treated as
                                                  ‘‘(II) the gross receipts (within the mean-          determined by substituting ‘less than 10 per-          satisfying the requirements of subsection
                                               ing of section 448(c)) of such employer for             cent’ for ‘less than 80 percent’ in subpara-           (c)(2)(A)(i).
                                               such calendar quarter are less than 80 per-             graph (A)(ii)(II) thereof.                               ‘‘(g) ELECTION TO NOT TAKE CERTAIN WAGES
                                               cent of the gross receipts of such employer               ‘‘(D) EXCEPTION.—The term ‘qualified                 INTO ACCOUNT.—This section shall not apply
                                               for the same calendar quarter in calendar               wages’ shall not include any wages taken               to so much of the qualified wages paid by an
                                               year 2019, or                                           into account under sections 41, 45A, 45P, 45S,         eligible employer as such employer elects (at
                                                  ‘‘(III) the employer is a recovery startup           51, 1396, 3131, and 3132.                              such time and in such manner as the Sec-
                                               business (as defined in paragraph (5)).                   ‘‘(4) WAGES.—                                        retary may prescribe) to not take into ac-
                                               With respect to any employer for any cal-                 ‘‘(A) IN GENERAL.—The term ‘wages’ means             count for purposes of this section.
                                               endar quarter, if such employer was not in              wages (as defined in section 3121(a)) and com-           ‘‘(h) COORDINATION WITH CERTAIN PRO-
                                               existence as of the beginning of the same cal-          pensation (as defined in section 3231(e)). For         GRAMS.—
                                               endar quarter in calendar year 2019, clause                                                                      ‘‘(1) IN GENERAL.—This section shall not
                                                                                                       purposes of the preceding sentence, in the
                                               (ii)(II) shall be applied by substituting ‘2020’                                                               apply to so much of the qualified wages paid
                                                                                                       case of any organization or entity described
                                               for ‘2019’.                                                                                                    by an eligible employer as are taken into ac-
                                                                                                       in subsection (f)(2), wages as defined in sec-
                                                  ‘‘(B) ELECTION TO USE ALTERNATIVE QUAR-                                                                     count as payroll costs in connection with—
                                                                                                       tion 3121(a) shall be determined without re-
                                               TER.—At the election of the employer—                                                                            ‘‘(A) a covered loan under section 7(a)(37)
                                                                                                       gard to paragraphs (5), (6), (7), (10), and (13) of
                                                  ‘‘(i) subparagraph (A)(ii)(II) shall be ap-                                                                 or 7A of the Small Business Act,
                                               plied—                                                  section 3121(b) (except with respect to serv-
                                                                                                       ices performed in a penal institution by an              ‘‘(B) a grant under section 324 of the Eco-
                                                  ‘‘(I) by substituting ‘for the immediately                                                                  nomic Aid to Hard-Hit Small Businesses,
                                               preceding calendar quarter’ for ‘for such cal-          inmate thereof).
                                                                                                         ‘‘(B) ALLOWANCE FOR CERTAIN HEALTH PLAN              Non-Profits, and Venues Act, or
                                               endar quarter’, and                                                                                              ‘‘(C) a restaurant revitalization grant
                                                                                                       EXPENSES.—
                                                  ‘‘(II) by substituting ‘the corresponding                                                                   under section 5003 of the American Rescue
                                               calendar quarter in calendar year 2019’ for               ‘‘(i) IN GENERAL.—Such term shall include
                                                                                                                                                              Plan Act of 2021.
                                               ‘the same calendar quarter in calendar year             amounts paid by the eligible employer to
                                                                                                                                                                ‘‘(2) APPLICATION WHERE PPP LOANS NOT
                                               2019’, and                                              provide and maintain a group health plan (as
                                                                                                                                                              FORGIVEN.—The Secretary shall issue guid-
                                                  ‘‘(ii) the last sentence of subparagraph (A)         defined in section 5000(b)(1)), but only to the
                                                                                                                                                              ance providing that payroll costs paid during
                                               shall be applied by substituting ‘the cor-              extent that such amounts are excluded from
                                                                                                                                                              the covered period shall not fail to be treated
                                               responding calendar quarter in calendar year            the gross income of employees by reason of
                                                                                                                                                              as qualified wages under this section by rea-
                                               2019’ for ‘the same calendar quarter in cal-            section 106(a).
                                                                                                                                                              son of paragraph (1) to the extent that—
                                               endar year 2019’.                                         ‘‘(ii) ALLOCATION RULES.—For purposes of
                                                                                                                                                                ‘‘(A) a covered loan of the taxpayer under
                                               An election under this subparagraph shall be            this section, amounts treated as wages under
                                                                                                                                                              section 7(a)(37) of the Small Business Act is
                                               made at such time and in such manner as the             clause (i) shall be treated as paid with re-
                                                                                                                                                              not forgiven by reason of a decision under
                                               Secretary shall prescribe.                              spect to any employee (and with respect to
                                                                                                                                                              section 7(a)(37)(J) of such Act, or
                                                  ‘‘(C) TAX-EXEMPT ORGANIZATIONS.—In the               any period) to the extent that such amounts              ‘‘(B) a covered loan of the taxpayer under
                                               case of an organization which is described in           are properly allocable to such employee (and           section 7A of the Small Business Act is not
                                               section 501(c) and exempt from tax under sec-           to such period) in such manner as the Sec-             forgiven by reason of a decision under sec-
                                               tion 501(a)—                                            retary may prescribe. Except as otherwise              tion 7A(g) of such Act.
                                                  ‘‘(i) clauses (i) and (ii)(I) of subparagraph        provided by the Secretary, such allocation             Terms used in the preceding sentence which
                                               (A) shall apply to all operations of such orga-         shall be treated as properly made if made on           are also used in section 7A(g) or 7(a)(37)(J) of
                                               nization, and                                           the basis of being pro rata among periods of           the Small Business Act shall, when applied
                                                  ‘‘(ii) any reference in this section to gross        coverage.                                              in connection with either such section, have
                                               receipts shall be treated as a reference to               ‘‘(5) RECOVERY STARTUP BUSINESS.—The                 the same meaning as when used in such sec-
                                               gross receipts within the meaning of section            term ‘recovery startup business’ means any             tion, respectively.
                                               6033.                                                   employer—                                                ‘‘(i) THIRD PARTY PAYORS.—Any credit al-




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                                                  ‘‘(3) QUALIFIED WAGES.—                                ‘‘(A) which began carrying on any trade or           lowed under this section shall be treated as
                                                  ‘‘(A) IN GENERAL.—The term ‘qualified                business after February 15, 2020,                      a credit described in section 3511(d)(2).
                                               wages’ means—                                             ‘‘(B) for which the average annual gross re-           ‘‘(j) ADVANCE PAYMENTS.—
                                                  ‘‘(i) in the case of an eligible employer for        ceipts of such employer (as determined under             ‘‘(1) IN GENERAL.—Except as provided in
                                               which the average number of full-time em-               rules similar to the rules under section               paragraph (2), no advance payment of the
                                               ployees (within the meaning of section                  448(c)(3)) for the 3-taxable-year period ending        credit under subsection (a) shall be allowed.
                                               4980H) employed by such eligible employer               with the taxable year which precedes such                ‘‘(2) ADVANCE PAYMENTS TO SMALL EMPLOY-
                                               during 2019 was greater than 500, wages paid            quarter does not exceed $1,000,000, and                ERS.—




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                                               S1100                                                CONGRESSIONAL RECORD — SENATE                                                                    March 4, 2021
                                                 ‘‘(A) IN GENERAL.—Under rules provided by                  attributable to the rate in effect under sec-                including through the leaseback of employ-
                                               the Secretary, an eligible employer for                      tion 3111(b) (whichever is applicable) for the               ees.
                                               which the average number of full-time em-                    calendar quarter shall be increased by the                   Any forms, instructions, regulations, or
                                               ployees (within the meaning of section                       amount of such excess.                                       other guidance described in paragraph (2)
                                               4980H) employed by such eligible employer                       ‘‘(k) TREATMENT OF DEPOSITS.—The Sec-                     shall require the customer to be responsible
                                               during 2019 was not greater than 500 may                     retary shall waive any penalty under section                 for the accounting of the credit and for any
                                               elect for any calendar quarter to receive an                 6656 for any failure to make a deposit of any                liability for improperly claimed credits and
                                               advance payment of the credit under sub-                     applicable employment taxes if the Sec-                      shall require the certified professional em-
                                               section (a) for such quarter in an amount not                retary determines that such failure was due                  ployer organization or other third party
                                               to exceed 70 percent of the average quarterly                to the reasonable anticipation of the credit                 payor to accurately report such tax credits
                                               wages paid by the employer in calendar year                  allowed under this section.                                  based on the information provided by the
                                               2019.                                                                                                                     customer.
                                                 ‘‘(B) SPECIAL RULE FOR SEASONAL EMPLOY-                       ‘‘(l) EXTENSION OF LIMITATION ON ASSESS-
                                                                                                                                                                           ‘‘(n) APPLICATION.—This section shall only
                                                                                                            MENT.—Notwithstanding section 6501, the
                                               ERS.—In the case of any employer who em-                                                                                  apply to wages paid after June 30, 2021, and
                                               ploys seasonal workers (as defined in section                limitation on the time period for the assess-
                                                                                                                                                                         before January 1, 2022.’’.
                                               45R(d)(5)(B)), the employer may elect to                     ment of any amount attributable to a credit
                                                                                                                                                                           (b) REFUNDS.—Paragraph (2) of section
                                               apply subparagraph (A) by substituting ‘the                  claimed under this section shall not expire
                                                                                                                                                                         1324(b) of title 31, United States Code, is
                                               wages for the calendar quarter in 2019 which                 before the date that is 5 years after the later
                                                                                                                                                                         amended by inserting ‘‘3134,’’ before ‘‘6428’’.
                                               corresponds to the calendar quarter to which                 of—
                                                                                                               ‘‘(1) the date on which the original return                 (c) CLERICAL AMENDMENT.—The table of
                                               the election relates’ for ‘the average quar-                                                                              sections for subchapter D of chapter 21 of
                                               terly wages paid by the employer in calendar                 which includes the calendar quarter with re-
                                                                                                            spect to which such credit is determined is                  subtitle C of the Internal Revenue Code of
                                               year 2019’.                                                                                                               1986 is amended by adding at the end the fol-
                                                 ‘‘(C) SPECIAL RULE FOR EMPLOYERS NOT IN                    filed, or
                                                                                                               ‘‘(2) the date on which such return is treat-             lowing:
                                               EXISTENCE IN 2019.—In the case of any em-
                                               ployer that was not in existence in 2019, sub-               ed as filed under section 6501(b)(2).                        ‘‘Sec. 3134. Employee retention credit for
                                               paragraphs (A) and (B) shall each be applied                    ‘‘(m) REGULATIONS AND GUIDANCE.—The                                     employers subject to closure
                                               by substituting ‘2020’ for ‘2019’ each place it              Secretary shall issue such forms, instruc-                                 due to COVID–19.’’.
                                               appears.                                                     tions, regulations, and other guidance as are                  (d) EFFECTIVE DATE.—The amendments
                                                 ‘‘(3) RECONCILIATION OF CREDIT WITH AD-                    necessary—                                                   made by this section shall apply to calendar
                                               VANCE PAYMENTS.—                                                ‘‘(1) to allow the advance payment of the                 quarters beginning after June 30, 2021.
                                                 ‘‘(A) IN GENERAL.—The amount of credit                     credit under subsection (a) as provided in                          PART 7—PREMIUM TAX CREDIT
                                               which would (but for this subsection) be al-                 subsection (j)(2), subject to the limitations                SEC. 9661. IMPROVING AFFORDABILITY BY EX-
                                               lowed under this section shall be reduced                    provided in this section, based on such infor-                           PANDING  PREMIUM  ASSISTANCE
                                               (but not below zero) by the aggregate pay-                   mation as the Secretary shall require,                                   FOR CONSUMERS.
                                               ment allowed to the taxpayer under para-                        ‘‘(2) with respect to the application of the                (a) IN GENERAL.—Section 36B(b)(3)(A) of
                                               graph (2). Any failure to so reduce the credit               credit under subsection (a) to third party                   the Internal Revenue Code of 1986 is amended
                                               shall be treated as arising out of a mathe-                  payors (including professional employer or-                  by adding at the end the following new
                                               matical or clerical error and assessed accord-               ganizations, certified professional employer                 clause:
                                               ing to section 6213(b)(1).                                   organizations, or agents under section 3504),                  ‘‘(iii) TEMPORARY PERCENTAGES FOR 2021
                                                 ‘‘(B) EXCESS ADVANCE PAYMENTS.—If the                      including regulations or guidance allowing                   AND 2022.—In the case of a taxable year be-
                                               advance payments to a taxpayer under para-                   such payors to submit documentation nec-                     ginning in 2021 or 2022—
                                               graph (2) for a calendar quarter exceed the                  essary to substantiate the eligible employer                   ‘‘(I) clause (ii) shall not apply for purposes
                                               credit allowed by this section (determined                   status of employers that use such payors,                    of adjusting premium percentages under this
                                               without regard to subparagraph (A)), the tax                 and                                                          subparagraph, and
                                               imposed under section 3111(b) or so much of                     ‘‘(3) to prevent the avoidance of the pur-                  ‘‘(II) the following table shall be applied in
                                               the tax imposed under section 3221(a) as is                  poses of the limitations under this section,                 lieu of the table contained in clause (i):



                                                                                                ‘‘In the case of household                                                                   The initial     The final
                                                                                                   income (expressed as                                                                       premium        premium
                                                                                                a percent of poverty line)                                                                   percentage     percentage
                                                                                            within the following income tier:                                                                    is—            is—

                                               Up to 150.0 percent .......................................................................................................................            0.0          0.0
                                               150.0 percent up to 200.0 percent ...................................................................................................                  0.0          2.0
                                               200.0 percent up to 250.0 percent ...................................................................................................                  2.0          4.0
                                               250.0 percent up to 300.0 percent ...................................................................................................                  4.0          6.0
                                               300.0 percent up to 400.0 percent ...................................................................................................                  6.0          8.5
                                               400.0 percent and higher ...............................................................................................................               8.5          8.5’’.


                                                 (b)    CONFORMING     AMENDMENT.—Section                   turn reconciling any advance payment of the                    ‘‘(A) such taxpayer shall be treated as an
                                               36B(c)(1) of the Internal Revenue Code of 1986               credit under this section, the Secretary shall               applicable taxpayer, and
                                               is amended by adding at the end the fol-                     treat subparagraph (A) as not applying.’’.                     ‘‘(B) there shall not be taken into account
                                               lowing new subparagraph:                                       (b) EFFECTIVE DATE.—The amendment                          any household income of the taxpayer in ex-
                                                 ‘‘(E) TEMPORARY RULE FOR 2021 AND 2022.—                   made by this section shall apply to taxable                  cess of 133 percent of the poverty line for a
                                               In the case of a taxable year beginning in                   years beginning after December 31, 2019.                     family of the size involved.
                                               2021 or 2022, subparagraph (A) shall be ap-                  SEC. 9663. APPLICATION OF PREMIUM TAX CRED-                    ‘‘(2) UNEMPLOYMENT COMPENSATION.—For
                                               plied without regard to ‘but does not exceed                              IT IN CASE OF INDIVIDUALS RECEIV-               purposes of this subsection, the term ‘unem-
                                               400 percent’.’’.                                                          ING UNEMPLOYMENT COMPENSA-                      ployment compensation’ has the meaning
                                                 (c) EFFECTIVE DATE.—The amendments                                      TION DURING 2021.                               given such term in section 85(b).
                                               made by this section shall apply to taxable                    (a) IN GENERAL.—Section 36B of the Inter-                    ‘‘(3) EVIDENCE OF UNEMPLOYMENT COM-
                                               years beginning after December 31, 2020.                     nal Revenue Code of 1986 is amended by re-                   PENSATION.—For purposes of this subsection,
                                               SEC. 9662. TEMPORARY MODIFICATION OF LIMI-                   designating subsection (g) as subsection (h)                 a taxpayer shall not be treated as having re-
                                                           TATIONS ON RECONCILIATION OF
                                                                                                            and by inserting after subsection (f) the fol-               ceived (or been approved to receive) unem-
                                                           TAX   CREDITS  FOR    COVERAGE
                                                           UNDER A QUALIFIED HEALTH PLAN                    lowing new subsection:                                       ployment compensation for any week unless
                                                                                                              ‘‘(g) SPECIAL RULE FOR INDIVIDUALS WHO                     such taxpayer provides self-attestation of,




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                                                           WITH ADVANCE PAYMENTS OF SUCH
                                                           CREDIT.                                          RECEIVE UNEMPLOYMENT COMPENSATION DUR-                       and such documentation as the Secretary
                                                 (a) IN GENERAL.—Section 36B(f)(2)(B) of the                ING 2021.—                                                   shall prescribe which demonstrates, such re-
                                               Internal Revenue Code of 1986 is amended by                    ‘‘(1) IN GENERAL.—For purposes of this sec-                ceipt or approval.
                                               adding at the end the following new clause:                  tion, in the case of a taxpayer who has re-                    ‘‘(4) CLARIFICATION OF RULES REMAINING AP-
                                                  ‘‘(iii) TEMPORARY MODIFICATION OF LIMITA-                 ceived, or has been approved to receive, un-                 PLICABLE.—
                                               TION ON INCREASE.—In the case of any taxable                 employment compensation for any week be-                       ‘‘(A) JOINT RETURN REQUIREMENT.—Para-
                                               year beginning in 2020, for any taxpayer who                 ginning during 2021, for the taxable year in                 graph (1)(A) shall not affect the application
                                               files for such taxable year an income tax re-                which such week begins—                                      of subsection (c)(1)(C).




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                                               March 4, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                     S1101
                                                 ‘‘(B)   HOUSEHOLD      INCOME        AND              party settlement organization shall not be             formed for either such organization or for
                                               AFFORDABILLITY.—Paragraph (1)(B) shall not              required to report any information under               such private education lender.’’.
                                               apply to any determination of household in-             subsection (a) with respect to third party               (b) EFFECTIVE DATE.—The amendment
                                               come for purposes of paragraph (2)(C)(i)(II) or         network transactions of any participating              made by this section shall apply to dis-
                                               (4)(C)(ii) of subsection (c)’’.                         payee if the amount which would otherwise              charges of loans after December 31, 2020.
                                                 (b) EFFECTIVE DATE.—The amendments                    be reported under subsection (a)(2) with re-                        Subtitle H—Pensions
                                               made by this section shall apply to taxable             spect to such transactions does not exceed             SEC. 9701. TEMPORARY DELAY OF DESIGNATION
                                               years beginning after December 31, 2020.                $600.’’.                                                           OF MULTIEMPLOYER PLANS AS IN
                                                 PART 8—MISCELLANEOUS PROVISIONS                          (b) CLARIFICATION THAT REPORTING IS NOT                         ENDANGERED, CRITICAL, OR CRIT-
                                                                                                       REQUIRED ON TRANSACTIONS WHICH ARE NOT                             ICAL AND DECLINING STATUS.
                                               SEC. 9671. REPEAL OF ELECTION TO ALLOCATE                                                                        (a) IN GENERAL.—Notwithstanding the ac-
                                                           INTEREST, ETC. ON WORLDWIDE                 FOR GOODS OR SERVICES.—Section 6050W(c)(3)
                                                           BASIS.                                      of such Code is amended by inserting ‘‘de-             tuarial certification under section 305(b)(3)
                                                                                                       scribed in subsection (d)(3)(A)(iii)’’ after           of the Employee Retirement Income Secu-
                                                 (a) IN GENERAL.—Section 864 of the Inter-
                                                                                                       ‘‘any transaction’’.                                   rity Act of 1974 and section 432(b)(3) of the
                                               nal Revenue Code of 1986 is amended by                                                                         Internal Revenue Code of 1986, if a plan spon-
                                               striking subsection (f).                                   (c) EFFECTIVE DATE.—
                                                                                                                                                              sor of a multiemployer plan elects the appli-
                                                 (b) EFFECTIVE DATE.—The amendment                        (1) IN GENERAL.—The amendment made by
                                                                                                                                                              cation of this section, then, for purposes of
                                               made by this section shall apply to taxable             subsection (a) shall apply to returns for cal-
                                                                                                                                                              section 305 of such Act and section 432 of
                                               years beginning after December 31, 2020.                endar years beginning after December 31,
                                                                                                                                                              such Code—
                                               SEC. 9672. TAX TREATMENT OF TARGETED EIDL               2021.
                                                                                                                                                                (1) the status of the plan for its first plan
                                                           ADVANCES.                                      (2) CLARIFICATION.—The amendment made
                                                                                                                                                              year beginning during the period beginning
                                                 For purposes of the Internal Revenue Code             by subsection (b) shall apply to transactions
                                                                                                                                                              on March 1, 2020, and ending on February 28,
                                               of 1986—                                                after the date of the enactment of this Act.           2021, or the next succeeding plan year (as
                                                 (1) amounts received from the Adminis-                SEC. 9675. MODIFICATION OF TREATMENT OF                designated by the plan sponsor in such elec-
                                               trator of the Small Business Administration                        STUDENT LOAN FORGIVENESS.
                                                                                                                                                              tion), shall be the same as the status of such
                                               in the form of a targeted EIDL advance                     (a) IN GENERAL.—Section 108(f) of the In-           plan under such sections for the plan year
                                               under section 331 of the Economic Aid to                ternal Revenue Code of 1986 is amended by              preceding such designated plan year, and
                                               Hard-Hit Small Businesses, Nonprofits, and              striking paragraph (5) and inserting the fol-            (2) in the case of a plan which was in en-
                                               Venues Act (title III of division N of Public           lowing:                                                dangered or critical status for the plan year
                                               Law 116–260) shall not be included in the                  ‘‘(5) SPECIAL RULE FOR DISCHARGES IN 2021           preceding the designated plan year described
                                               gross income of the person that receives such           THROUGH 2025.—Gross income does not include            in paragraph (1), the plan shall not be re-
                                               amounts,                                                any amount which (but for this subsection)             quired to update its plan or schedules under
                                                 (2) no deduction shall be denied, no tax at-          would be includible in gross income by rea-            section 305(c)(6) of such Act and section
                                               tribute shall be reduced, and no basis in-              son of the discharge (in whole or in part)             432(c)(6) of such Code, or section 305(e)(3)(B)
                                               crease shall be denied, by reason of the ex-            after December 31, 2020, and before January            of such Act and section 432(e)(3)(B) of such
                                               clusion from gross income provided by para-             1, 2026, of—                                           Code, whichever is applicable, until the plan
                                               graph (1), and                                             ‘‘(A) any loan provided expressly for post-         year following the designated plan year de-
                                                 (3) in the case of a partnership or S cor-            secondary educational expenses, regardless             scribed in paragraph (1).
                                               poration that receives such amounts—                    of whether provided through the educational              (b) EXCEPTION FOR PLANS BECOMING CRIT-
                                                 (A) any amount excluded from income by                institution or directly to the borrower, if            ICAL DURING ELECTION.—If—
                                               reason of paragraph (1) shall be treated as             such loan was made, insured, or guaranteed               (1) an election was made under subsection
                                               tax exempt income for purposes of sections              by—                                                    (a) with respect to a multiemployer plan,
                                               705 and 1366 of the Internal Revenue Code of               ‘‘(i) the United States, or an instrumen-           and
                                               1986, and                                               tality or agency thereof,                                (2) such plan has, without regard to such
                                                 (B) the Secretary of the Treasury (or the                ‘‘(ii) a State, territory, or possession of the     election, been certified by the plan actuary
                                               Secretary’s delegate) shall prescribe rules             United States, or the District of Columbia,            under section 305(b)(3) of the Employee Re-
                                               for determining a partner’s distributive                or any political subdivision thereof, or               tirement Income Security Act of 1974 and
                                               share of any amount described in subpara-                  ‘‘(iii) an eligible educational institution         section 432(b)(3) of the Internal Revenue
                                               graph (A) for purposes of section 705 of the            (as defined in section 25A),                           Code of 1986 to be in critical status for the
                                               Internal Revenue Code of 1986.                             ‘‘(B) any private education loan (as defined        designated plan year described in subsection
                                               SEC. 9673. TAX TREATMENT OF RESTAURANT RE-              in section 140(a)(7) of the Truth in Lending           (a)(1), then such plan shall be treated as a
                                                            VITALIZATION GRANTS.                       Act),                                                  plan in critical status for such plan year for
                                                 For purposes of the Internal Revenue Code                ‘‘(C) any loan made by any educational or-          purposes of applying section 4971(g)(1)(A) of
                                               of 1986—                                                ganization          described      in     section      such Code, section 302(b)(3) of such Act
                                                 (1) amounts received from the Adminis-                170(b)(1)(A)(ii) if such loan is made—                 (without regard to the second sentence
                                               trator of the Small Business Administration                ‘‘(i) pursuant to an agreement with any en-         thereof), and section 412(b)(3) of such Code
                                               in the form of a restaurant revitalization              tity described in subparagraph (A) or any              (without regard to the second sentence
                                               grant under section 5003 shall not be in-               private education lender (as defined in sec-           thereof).
                                               cluded in the gross income of the person that           tion 140(a) of the Truth in Lending Act)                 (c) ELECTION AND NOTICE.—
                                               receives such amounts,                                  under which the funds from which the loan                (1) ELECTION.—An election under sub-
                                                 (2) no deduction shall be denied, no tax at-          was made were provided to such educational             section (a)—
                                               tribute shall be reduced, and no basis in-              organization, or                                         (A) shall be made at such time and in such
                                               crease shall be denied, by reason of the ex-               ‘‘(ii) pursuant to a program of such edu-           manner as the Secretary of the Treasury or
                                               clusion from gross income provided by para-             cational organization which is designed to             the Secretary’s delegate may prescribe and,
                                               graph (1), and                                          encourage its students to serve in occupa-             once made, may be revoked only with the
                                                 (3) in the case of a partnership or S cor-            tions with unmet needs or in areas with                consent of the Secretary, and
                                               poration that receives such amounts—                    unmet needs and under which the services                 (B) if made—
                                                 (A) except as otherwise provided by the               provided by the students (or former stu-                 (i) before the date the annual certification
                                               Secretary of the Treasury (or the Secretary’s           dents) are for or under the direction of a gov-        is submitted to the Secretary or the Sec-
                                               delegate), any amount excluded from income              ernmental unit or an organization described            retary’s delegate under section 305(b)(3) of
                                               by reason of paragraph (1) shall be treated as          in section 501(c)(3) and exempt from tax               such Act and section 432(b)(3) of such Code,
                                               tax exempt income for purposes of sections              under section 501(a), or                               shall be included with such annual certifi-
                                               705 and 1366 of the Internal Revenue Code of               ‘‘(D) any loan made by an educational or-           cation, and
                                               1986, and                                               ganization          described      in     section        (ii) after such date, shall be submitted to
                                                 (B) the Secretary of the Treasury (or the             170(b)(1)(A)(ii) or by an organization exempt          the Secretary or the Secretary’s delegate not
                                               Secretary’s delegate) shall prescribe rules             from tax under section 501(a) to refinance a           later than 30 days after the date of the elec-
                                               for determining a partner’s distributive                loan to an individual to assist the individual         tion.
                                               share of any amount described in subpara-               in attending any such educational organiza-              (2) NOTICE TO PARTICIPANTS.—
                                               graph (A) for purposes of section 705 of the            tion but only if the refinancing loan is pur-            (A) IN GENERAL.—Notwithstanding section
                                               Internal Revenue Code of 1986.                          suant to a program of the refinancing orga-            305(b)(3)(D) of the Employee Retirement In-




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                                               SEC. 9674. MODIFICATION OF EXCEPTIONS FOR               nization which is designed as described in             come Security Act of 1974 and section
                                                           REPORTING OF THIRD PARTY NET-               subparagraph (C)(ii).                                  432(b)(3)(D) of the Internal Revenue Code of
                                                           WORK TRANSACTIONS.                          The preceding sentence shall not apply to              1986, if, by reason of an election made under
                                                 (a) IN GENERAL.—Section 6050W(e) of the               the discharge of a loan made by an organiza-           subsection (a), the plan is in neither endan-
                                               Internal Revenue Code of 1986 is amended to             tion described in subparagraph (C) or made             gered nor critical status—
                                               read as follows:                                        by a private education lender (as defined in             (i) the plan sponsor of a multiemployer
                                                 ‘‘(e) DE MINIMIS EXCEPTION FOR THIRD                  section 140(a)(7) of the Truth in Lending Act)         plan shall not be required to provide notice
                                               PARTY SETTLEMENT ORGANIZATIONS.—A third                 if the discharge is on account of services per-        under such sections, and




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                                               S1102                                             CONGRESSIONAL RECORD — SENATE                                                          March 4, 2021
                                                 (ii) the plan sponsor shall provide to the              ‘‘(iii) by substituting ‘this subparagraph or        Pension Benefit Guaranty Corporation, de-
                                               participants and beneficiaries, the bar-                subparagraph (A)’ for ‘this subparagraph and           termines appropriate, from the general fund
                                               gaining parties, the Pension Benefit Guar-              subparagraph (A) both’ in subparagraph                 of the Treasury, but in no case shall such
                                               anty Corporation, and the Secretary of                  (B)(iii).                                              transfers occur after September 30, 2030.’’.
                                               Labor a notice of the election under sub-               The preceding sentence shall not apply to a              (b) FINANCIAL ASSISTANCE AUTHORITY.—The
                                               section (a) and such other information as the           plan to which special financial assistance is          Employee Retirement Income Security Act
                                               Secretary of the Treasury (in consultation              granted under section 4262. For purposes of            of 1974 is amended by inserting after section
                                               with the Secretary of Labor) may require—               the application of this subparagraph, the              4261 of such Act (29 U.S.C. 1431) the following:
                                                 (I) if the election is made before the date           Secretary of the Treasury shall rely on the            ‘‘SEC. 4262. SPECIAL FINANCIAL ASSISTANCE BY
                                               the annual certification is submitted to the            plan sponsor’s calculations of plan losses un-                       THE CORPORATION.
                                               Secretary or the Secretary’s delegate under             less such calculations are clearly erro-                 ‘‘(a) SPECIAL FINANCIAL ASSISTANCE.—
                                               section 305(b)(3) of such Act and section               neous.’’.                                                ‘‘(1) IN GENERAL.—The corporation shall
                                               432(b)(3) of such Code, not later than 30 days            (2) AMENDMENT TO INTERNAL REVENUE CODE               provide special financial assistance to an eli-
                                               after the date of the certification, and                OF 1986.—Section 431(b)(8) of the Internal Rev-        gible multiemployer plan under this section,
                                                 (II) if the election is made after such date,         enue Code of 1986 is amended by adding at              upon the application of a plan sponsor of
                                               not later than 30 days after the date of the            the end the following new subparagraph:                such a plan for such assistance.
                                               election.                                                 ‘‘(F) RELIEF FOR 2020 AND 2021.—A multiem-             ‘‘(2) INAPPLICABILITY OF CERTAIN REPAY-
                                                 (B) NOTICE OF ENDANGERED STATUS.—Not-                 ployer plan with respect to which the sol-             MENT OBLIGATION.—A plan receiving special
                                               withstanding section 305(b)(3)(D) of such Act           vency test under subparagraph (C) is met as            financial assistance pursuant to this section
                                               and section 432(b)(3)(D) of such Code, if the           of February 29, 2020, may elect to apply this          shall not be subject to repayment obliga-
                                               plan is certified to be in critical status for          paragraph (without regard to whether such              tions with respect to such special financial
                                               any plan year but is in endangered status by            plan previously elected the application of             assistance.
                                               reason of an election made under subsection             this paragraph)—                                         ‘‘(b) ELIGIBLE MULTIEMPLOYER PLANS.—
                                               (a), the notice provided under such sections              ‘‘(i) by substituting ‘February 29, 2020’ for          ‘‘(1) IN GENERAL.—For purposes of this sec-
                                               shall be the notice which would have been               ‘August 31, 2008’ each place it appears in sub-        tion, a multiemployer plan is an eligible
                                               provided if the plan had been certified to be           paragraphs (A)(i), (B)(i)(I), and (B)(i)(II),          multiemployer plan if—
                                               in endangered status.                                     ‘‘(ii) by inserting ‘and other losses related          ‘‘(A) the plan is in critical and declining
                                               SEC.   9702.
                                                          TEMPORARY EXTENSION OF THE                   to the virus SARS–CoV–2 or coronavirus dis-
                                                          FUNDING IMPROVEMENT AND REHA-                                                                       status (within the meaning of section
                                                          BILITATION PERIODS FOR MULTIEM-
                                                                                                       ease 2019 (COVID–19) (including experience             305(b)(6)) in any plan year beginning in 2020
                                                          PLOYER PENSION PLANS IN CRIT-                losses related to reductions in contributions,         through 2022;
                                                          ICAL AND ENDANGERED STATUS                   reductions in employment, and deviations                 ‘‘(B) a suspension of benefits has been ap-
                                                          FOR 2020 OR 2021.                            from anticipated retirement rates, as deter-           proved with respect to the plan under section
                                                 (a) IN GENERAL.—If the plan sponsor of a              mined by the plan sponsor)’ after ‘net invest-         305(e)(9) as of the date of the enactment of
                                               multiemployer plan which is in endangered               ment losses’ in subparagraph (A)(i), and               this section;
                                               or critical status for a plan year beginning in           ‘‘(iii) by substituting ‘this subparagraph or          ‘‘(C) in any plan year beginning in 2020
                                               2020 or 2021 (determined after application of           subparagraph (A)’ for ‘this subparagraph and           through 2022, the plan is certified by the plan
                                               section 9701) elects the application of this            subparagraph (A) both’ in subparagraph                 actuary to be in critical status (within the
                                               section, then, for purposes of section 305 of           (B)(iii).                                              meaning of section 305(b)(2)), has a modified
                                               the Employee Retirement Income Security                 The preceding sentence shall not apply to a            funded percentage of less than 40 percent,
                                               Act of 1974 and section 432 of the Internal             plan to which special financial assistance is          and has a ratio of active to inactive partici-
                                               Revenue Code of 1986, the plan’s funding im-            granted under section 4262 of the Employee             pants which is less than 2 to 3; or
                                               provement period or rehabilitation period,              Retirement Income Security Act of 1974. For              ‘‘(D) the plan became insolvent for pur-
                                               whichever is applicable, shall be extended by           purposes of the application of this subpara-           poses of section 418E of the Internal Revenue
                                               5 years.                                                graph, the Secretary shall rely on the plan
                                                 (b) DEFINITIONS AND SPECIAL RULES.—For                                                                       Code of 1986 after December 16, 2014, and has
                                                                                                       sponsor’s calculations of plan losses unless           remained so insolvent and has not been ter-
                                               purposes of this section—                               such calculations are clearly erroneous.’’.
                                                 (1) ELECTION.—An election under this sec-                                                                    minated as of the date of enactment of this
                                                                                                         (b) EFFECTIVE DATES.—                                section.
                                               tion shall be made at such time, and in such              (1) IN GENERAL.—The amendments made by
                                               manner and form, as (in consultation with                                                                        ‘‘(2) MODIFIED FUNDED PERCENTAGE.—For
                                                                                                       this section shall take effect as of the first         purposes of paragraph (1)(C), the term ‘modi-
                                               the Secretary of Labor) the Secretary of the            day of the first plan year ending on or after
                                               Treasury or the Secretary’s delegate may                                                                       fied funded percentage’ means the percent-
                                                                                                       February 29, 2020, except that any election a          age equal to a fraction the numerator of
                                               prescribe.                                              plan makes pursuant to this section that af-
                                                 (2) DEFINITIONS.—Any term which is used                                                                      which is current value of plan assets (as de-
                                                                                                       fects the plan’s funding standard account for          fined in section 3(26) of such Act) and the de-
                                               in this section which is also used in section           the first plan year beginning after February
                                               305 of the Employee Retirement Income Se-                                                                      nominator of which is current liabilities (as
                                                                                                       29, 2020, shall be disregarded for purposes of         defined in section 431(c)(6)(D) of such Code
                                               curity Act of 1974 and section 432 of the In-           applying the provisions of section 305 of the
                                               ternal Revenue Code of 1986 shall have the                                                                     and section 304(c)(6)(D) of such Act).
                                                                                                       Employee Retirement Income Security Act                  ‘‘(c) APPLICATIONS FOR SPECIAL FINANCIAL
                                               same meaning as when used in such sections.             of 1974 and section 432 of the Internal Rev-
                                                 (c) EFFECTIVE DATE.—This section shall                                                                       ASSISTANCE.—Within 120 days of the date of
                                                                                                       enue Code of 1986 to such plan year.                   enactment of this section, the corporation
                                               apply to plan years beginning after Decem-
                                               ber 31, 2019.                                             (2) RESTRICTIONS ON BENEFIT INCREASES.—              shall issue regulations or guidance setting
                                                                                                       Notwithstanding paragraph (1), the restric-            forth requirements for special financial as-
                                               SEC. 9703. ADJUSTMENTS TO FUNDING STAND-
                                                           ARD ACCOUNT RULES.                          tions on plan amendments increasing bene-              sistance applications under this section. In
                                                 (a) ADJUSTMENTS.—                                     fits in sections 304(b)(8)(D) of such Act and          such regulations or guidance, the corpora-
                                                 (1) AMENDMENT TO EMPLOYEE RETIREMENT                  431(b)(8)(D) of such Code, as applied by the           tion shall—
                                               INCOME    SECURITY  ACT  OF    1974.—Section            amendments made by this section, shall take              ‘‘(1) limit the materials required for a spe-
                                               304(b)(8) of the Employee Retirement Income             effect on the date of enactment of this Act.           cial financial assistance application to the
                                               Security Act of 1974 (29 U.S.C. 1084(b)) is             SEC. 9704. SPECIAL FINANCIAL ASSISTANCE PRO-           minimum necessary to make a determina-
                                                                                                                    GRAM FOR FINANCIALLY TROUBLED
                                               amended by adding at the end the following                           MULTIEMPLOYER PLANS.
                                                                                                                                                              tion on the application;
                                               new subparagraph:                                                                                                ‘‘(2) specify effective dates for transfers of
                                                                                                         (a) APPROPRIATION.—Section 4005 of the
                                                 ‘‘(F) RELIEF FOR 2020 AND 2021.—A multiem-            Employee Retirement Income Security Act                special financial assistance following ap-
                                               ployer plan with respect to which the sol-              of 1974 (29 U.S.C. 1305) is amended by adding          proval of an application, based on the effec-
                                               vency test under subparagraph (C) is met as             at the end the following:                              tive date of the supporting actuarial analysis
                                               of February 29, 2020, may elect to apply this             ‘‘(i)(1) An eighth fund shall be established         and the date on which the application is sub-
                                               paragraph (without regard to whether such               for special financial assistance to multiem-           mitted; and
                                               plan previously elected the application of              ployer pension plans, as provided under sec-             ‘‘(3) provide for an alternate application
                                               this paragraph)—                                        tion 4262, and to pay for necessary adminis-           for special financial assistance under this
                                                 ‘‘(i) by substituting ‘February 29, 2020’ for         trative and operating expenses of the cor-             section, which may be used by a plan that
                                               ‘August 31, 2008’ each place it appears in sub-         poration relating to such assistance.                  has been approved for a partition under sec-
                                               paragraphs (A)(i), (B)(i)(I), and (B)(i)(II),             ‘‘(2) There is appropriated from the general         tion 4233 before the date of enactment of this




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                                                 ‘‘(ii) by inserting ‘and other losses related         fund such amounts as are necessary for the             section.
                                               to the virus SARS–CoV–2 or coronavirus dis-             costs of providing financial assistance under            ‘‘(d) TEMPORARY PRIORITY CONSIDERATION
                                               ease 2019 (COVID–19) (including experience              section 4262 and necessary administrative              OF APPLICATIONS.—
                                               losses related to reductions in contributions,          and operating expenses of the corporation.               ‘‘(1) IN GENERAL.—The corporation may
                                               reductions in employment, and deviations                The eighth fund established under this sub-            specify in regulations or guidance under sub-
                                               from anticipated retirement rates, as deter-            section shall be credited with amounts from            section (c) that, during a period no longer
                                               mined by the plan sponsor)’ after ‘net invest-          time to time as the Secretary of the Treas-            than the first 2 years following the date of
                                               ment losses’ in subparagraph (A)(i), and                ury, in conjunction with the Director of the           enactment of this section, applications may




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                                               March 4, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                     S1103
                                               not be filed by an eligible multiemployer               filed in accordance with the regulations or              ‘‘(2) provides payments equal to the
                                               plan unless—                                            guidance issued under subsection (c) shall be          amount of benefits previously suspended
                                                 ‘‘(A) the eligible multiemployer plan is in-          deemed approved unless the corporation no-             under section 305(e)(9) or 4245(a) to any par-
                                               solvent or is likely to become insolvent                tifies the plan within 120 days of the filing of       ticipants or beneficiaries in pay status as of
                                               within 5 years of the date of enactment of              the application that the application is in-            the effective date of the special financial as-
                                               this section;                                           complete, any proposed change or assump-               sistance, payable, as determined by the eligi-
                                                 ‘‘(B) the corporation projects the eligible           tion is unreasonable, or the plan is not eligi-        ble multiemployer plan—
                                               multiemployer plan to have a present value              ble under this section. Such notice shall                ‘‘(A) as a lump sum within 3 months of
                                               of financial assistance payments under sec-             specify the reasons the plan is ineligible for         such effective date; or
                                               tion 4261 that exceeds $1,000,000,000 if the spe-       special financial assistance, any proposed               ‘‘(B) in equal monthly installments over a
                                               cial financial assistance is not ordered;               change or assumption is unreasonable, or in-           period of 5 years, commencing within 3
                                                 ‘‘(C) the eligible multiemployer plan has             formation is needed to complete the applica-           months of such effective date, with no ad-
                                               implemented benefit suspensions under sec-              tion. If a plan is denied assistance under this        justment for interest.
                                               tion 305(e)(9) as of the date of the enactment          subsection, the plan may submit a revised                ‘‘(l) RESTRICTIONS ON THE USE OF SPECIAL
                                               of this section; or                                     application under this section. Any revised            FINANCIAL ASSISTANCE.—Special financial as-
                                                 ‘‘(D) the corporation determines it appro-            application for special financial assistance           sistance received under this section and any
                                               priate based on other similar circumstances.            submitted by a plan shall be deemed ap-                earnings thereon may be used by an eligible
                                                 ‘‘(e) ACTUARIAL ASSUMPTIONS.—                         proved unless the corporation notifies the             multiemployer plan to make benefit pay-
                                                 ‘‘(1) ELIGIBILITY.—For purposes of deter-             plan within 120 days of the filing of the re-          ments and pay plan expenses. Special finan-
                                               mining eligibility for special financial assist-        vised application that the application is in-          cial assistance and any earnings on such as-
                                               ance, the corporation shall accept assump-              complete, any proposed change or assump-               sistance shall be segregated from other plan
                                               tions incorporated in a multiemployer plan’s            tion is unreasonable, or the plan is not eligi-        assets. Special financial assistance shall be
                                               determination that it is in critical status or          ble under this section. Special financial as-          invested by plans in investment-grade bonds
                                               critical and declining status (within the               sistance issued by the corporation shall be            or other investments as permitted by the
                                               meaning of section 305(b)) for certifications           effective on a date determined by the cor-             corporation.
                                               of plan status completed before January 1,              poration, but no later than 1 year after a
                                                                                                                                                                ‘‘(m) CONDITIONS ON PLANS RECEIVING SPE-
                                               2021, unless such assumptions are clearly er-           plan’s special financial assistance applica-
                                                                                                                                                              CIAL FINANCIAL ASSISTANCE.—
                                               roneous. For certifications of plan status              tion is approved by the corporation or
                                                                                                                                                                ‘‘(1) IN GENERAL.—The corporation, in con-
                                               completed after December 31, 2020, a plan               deemed approved. The corporation shall not
                                                                                                                                                              sultation with the Secretary of the Treas-
                                               shall determine whether it is in critical or            pay any special financial assistance after
                                                                                                                                                              ury, may impose, by regulation or other
                                               critical and declining status for purposes of           September 30, 2030.
                                                                                                          ‘‘(h) MANNER OF PAYMENT.—The payment                guidance, reasonable conditions on an eligi-
                                               eligibility for special financial assistance by
                                                                                                       made by the corporation to an eligible mul-            ble multiemployer plan that receives special
                                               using the assumptions that the plan used in
                                                                                                       tiemployer plan under this section shall be            financial assistance relating to increases in
                                               its most recently completed certification of
                                                                                                       made as a single, lump sum payment.                    future accrual rates and any retroactive ben-
                                               plan status before January 1, 2021, unless
                                                                                                          ‘‘(i) AMOUNT AND MANNER OF SPECIAL FI-              efit improvements, allocation of plan assets,
                                               such assumptions (excluding the plan’s inter-
                                                                                                       NANCIAL ASSISTANCE.—                                   reductions in employer contribution rates,
                                               est rate) are unreasonable.
                                                                                                          ‘‘(1) IN GENERAL.—Special financial assist-         diversion of contributions to, and allocation
                                                 ‘‘(2) AMOUNT OF FINANCIAL ASSISTANCE.—In
                                                                                                       ance under this section shall be a transfer of         of expenses to, other benefit plans, and with-
                                               determining the amount of special financial
                                                                                                       funds in the amount necessary as dem-                  drawal liability.
                                               assistance in its application, an eligible mul-
                                                                                                       onstrated by the plan sponsor on the applica-            ‘‘(2) LIMITATION.—The corporation shall
                                               tiemployer plan shall—
                                                                                                       tion for such special financial assistance, in         not impose conditions on an eligible multi-
                                                 ‘‘(A) use the interest rate used by the plan
                                                                                                       accordance with the requirements described             employer plan as a condition of, or following
                                               in its most recently completed certification
                                                                                                       in subsection (j). Special financial assistance        receipt of, special financial assistance under
                                               of plan status before January 1, 2021, pro-
                                                                                                       shall be paid to such plan as soon as prac-            this section relating to—
                                               vided that such interest rate may not exceed
                                                                                                       ticable upon approval of the application by              ‘‘(A) any prospective reduction in plan ben-
                                               the interest rate limit; and
                                                                                                       the corporation.                                       efits (including benefits that may be ad-
                                                 ‘‘(B) for other assumptions, use the as-
                                                                                                          ‘‘(2) NO CAP.—Special financial assistance          justed pursuant to section 305(e)(8));
                                               sumptions that the plan used in its most re-
                                                                                                       granted by the corporation under this sec-               ‘‘(B) plan governance, including selection
                                               cently completed certification of plan status
                                                                                                       tion shall not be capped by the guarantee              of, removal of, and terms of contracts with,
                                               before January 1, 2021, unless such assump-
                                                                                                       under 4022A.                                           trustees, actuaries, investment managers,
                                               tions are unreasonable.
                                                                                                          ‘‘(j) DETERMINATION OF AMOUNT OF SPECIAL            and other service providers; or
                                                 ‘‘(3) INTEREST RATE LIMIT.—The interest
                                                                                                       FINANCIAL ASSISTANCE.—                                   ‘‘(C) any funding rules relating to the plan
                                               rate limit for purposes of this subsection is
                                                                                                          ‘‘(1) IN GENERAL.—The amount of financial           receiving special financial assistance under
                                               the rate specified in section 303(h)(2)(C)(iii)
                                                                                                       assistance provided to a multiemployer plan            this section.
                                               (disregarding modifications made under
                                                                                                       eligible for financial assistance under this             ‘‘(3) PAYMENT OF PREMIUMS.—An eligible
                                               clause (iv) of such section) for the month in
                                                                                                       section shall be such amount required for the          multiemployer plan receiving special finan-
                                               which the application for special financial
                                                                                                       plan to pay all benefits due during the period         cial assistance under this section shall con-
                                               assistance is filed by the eligible multiem-
                                                                                                       beginning on the date of payment of the spe-           tinue to pay all premiums due under section
                                               ployer plan or the 3 preceding months, with
                                                                                                       cial financial assistance payment under this           4007 for participants and beneficiaries in the
                                               such specified rate increased by 200 basis
                                                                                                       section and ending on the last day of the              plan.
                                               points.
                                                                                                       plan year ending in 2051, with no reduction              ‘‘(4) ASSISTANCE NOT CONSIDERED FOR CER-
                                                 ‘‘(4) CHANGES IN ASSUMPTIONS.—If a plan de-
                                                                                                       in a participant’s or beneficiary’s accrued            TAIN PURPOSES.—An eligible multiemployer
                                               termines that use of one or more prior as-
                                                                                                       benefit as of the date of enactment of this            plan that receives special financial assist-
                                               sumptions is unreasonable, the plan may
                                                                                                       section, except to the extent of a reduction           ance shall be deemed to be in critical status
                                               propose in its application to change such as-
                                                                                                       in accordance with section 305(e)(8) adopted           within the meaning of section 305(b)(2) until
                                               sumptions, provided that the plan discloses
                                                                                                       prior to the plan’s application for special fi-        the last plan year ending in 2051.
                                               such changes in its application and describes
                                                                                                       nancial assistance under this section, and               ‘‘(5) INSOLVENT PLANS.—An eligible multi-
                                               why such assumptions are no longer reason-
                                                                                                       taking into account the reinstatement of               employer plan receiving special financial as-
                                               able. The corporation shall accept such
                                                                                                       benefits required under subsection (k).                sistance under this section that subse-
                                               changed assumptions unless it determines
                                                                                                          ‘‘(2) PROJECTIONS.—The funding projections          quently becomes insolvent will be subject to
                                               the changes are unreasonable, individually
                                                                                                       for purposes of this section shall be per-             the current rules and guarantee for insolvent
                                               or in the aggregate. The plan may not pro-
                                                                                                       formed on a deterministic basis.                       plans.
                                               pose a change to the interest rate otherwise
                                                                                                          ‘‘(k) REINSTATEMENT OF SUSPENDED BENE-                ‘‘(6) INELIGIBILITY FOR OTHER ASSISTANCE.—
                                               required under this subsection for eligibility
                                                                                                       FITS.—The Secretary, in coordination with              An eligible multiemployer plan that receives
                                               or financial assistance amount.
                                                                                                       the Secretary of the Treasury, shall ensure            special financial assistance under this sec-
                                                 ‘‘(f) APPLICATION DEADLINE.—Any applica-
                                               tion by a plan for special financial assistance         that an eligible multiemployer plan that re-           tion is not eligible to apply for a new suspen-
                                               under this section shall be submitted to the            ceives special financial assistance under this         sion of benefits under section 305(e)(9)(G).
                                               corporation (and, in the case of a plan to              section—                                                 ‘‘(n) COORDINATION WITH SECRETARY OF THE
                                                                                                          ‘‘(1) reinstates any benefits that were sus-        TREASURY.—In prescribing the application




SSpencer on DSK126QN23PROD with SENATE
                                               which section 432(k)(1)(D) of the Internal
                                               Revenue Code of 1986 applies, to the Sec-               pended under section 305(e)(9) or section              process for eligible multiemployer plans to
                                               retary of the Treasury) no later than Decem-            4245(a) in accordance with guidance issued by          receive special financial assistance under
                                               ber 31, 2025, and any revised application for           the Secretary of the Treasury pursuant to              this section and reviewing applications of
                                               special financial assistance shall be sub-              section 432(k)(1)(B) of the Internal Revenue           such plans, the corporation shall coordinate
                                               mitted no later than December 31, 2026.                 Code of 1986, effective as of the first month          with the Secretary of the Treasury in the
                                                 ‘‘(g) DETERMINATIONS ON APPLICATIONS.—A               in which the effective date for the special fi-        following manner:
                                               plan’s application for special financial as-            nancial assistance occurs, for participants              ‘‘(1) In the case of a plan which has sus-
                                               sistance under this section that is timely              and beneficiaries as of such month; and                pended benefits under section 305(e)(9)—




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                                               S1104                                             CONGRESSIONAL RECORD — SENATE                                                          March 4, 2021
                                                 ‘‘(A) in determining whether to approve                 (B) by striking the period at the end of               ‘‘(D) PLANS APPLYING FOR PRIORITY CONSID-
                                               the application, the corporation shall con-             paragraph (3)(B) and inserting ‘‘, and’’, and          ERATION.—In the case of a plan applying for
                                               sult with the Secretary of the Treasury re-               (C) by adding at the end the following new           special financial assistance under rules pro-
                                               garding the plan’s proposed method of rein-             paragraph:                                             viding for temporary priority consideration,
                                               stating benefits, as described in the plan’s              ‘‘(4) if the plan is an eligible multiem-            as provided in paragraph (4)(C), such plan’s
                                               application and in accordance with guidance             ployer plan which is applying for or receiv-           application shall be submitted to the Sec-
                                               issued by the Secretary of the Treasury, and            ing special financial assistance under section         retary in addition to the Pension Benefit
                                                 ‘‘(B) the corporation shall consult with the          4262 of the Employee Retirement Income Se-             Guaranty Corporation.
                                               Secretary of the Treasury regarding the                 curity Act of 1974, the requirements of sub-             ‘‘(2) PLANS RECEIVING SPECIAL FINANCIAL
                                               amount of special financial assistance need-            section (k) shall apply to the plan.’’.                ASSISTANCE.—In the case of an eligible multi-
                                               ed based on the projected funded status of                (2) PLANS RECEIVING SPECIAL FINANCIAL AS-            employer plan receiving special financial as-
                                               the plan as of the last day of the plan year            SISTANCE TO BE IN CRITICAL STATUS.—Section             sistance under section 4262 of the Employee
                                               ending in 2051, whether the plan proposes to            432(b) of the Internal Revenue Code of 1986 is         Retirement Income Security Act of 1974—
                                               repay benefits over 5 years or as a lump sum,           amended by adding at the end the following               ‘‘(A) REINSTATEMENT OF SUSPENDED BENE-
                                               as required by subsection (k)(2), and any               new paragraph:                                         FITS.—The plan shall—
                                               other relevant factors, as determined by the              ‘‘(7) PLANS RECEIVING SPECIAL FINANCIAL                ‘‘(i) reinstate any benefits that were sus-
                                               corporation in consultation with the Sec-               ASSISTANCE.—If an eligible multiemployer               pended under subsection (e)(9) or section
                                               retary of the Treasury, to ensure the amount            plan receiving special financial assistance            4245(a) of the Employee Retirement Income
                                               of assistance is sufficient to meet such re-            under section 4262 of the Employee Retire-             Security Act of 1974, effective as of the first
                                               quirement and is sufficient to pay benefits as          ment Income Security Act of 1974 meets the             month in which the effective date for the
                                               required in subsection (j)(1).                          requirements of subsection (k)(2), notwith-            special financial assistance occurs, for par-
                                                 ‘‘(2) In the case of any plan which proposes          standing the preceding paragraphs of this              ticipants and beneficiaries as of such month,
                                               in its application to change the assumptions            subsection, the plan shall be deemed to be in          and
                                               used, as provided in subsection (e)(4), the             critical status for plan years beginning with            ‘‘(ii) provide payments equal to the
                                               corporation shall consult with the Secretary            the plan year in which the effective date for          amount of benefits previously suspended to
                                               of the Treasury regarding such proposed                 such assistance occurs and ending with the             any participants or beneficiaries in pay sta-
                                               change in assumptions.                                  last plan year ending in 2051.’’.                      tus as of the effective date of the special fi-
                                                 ‘‘(3) If the corporation specifies in regula-           (3) RULES RELATING TO ELIGIBLE MULTIEM-              nancial assistance, payable, as determined
                                               tions or guidance that temporary priority               PLOYER PLANS.—Section 432 of the Internal              by the plan—
                                               consideration is available for plans which              Revenue Code of 1986 is amended by adding                ‘‘(I) as a lump sum within 3 months of such
                                               are insolvent within the meaning of section             at the end the following new subsection:               effective date; or
                                               418E of the Internal Revenue Code of 1986 or                                                                     ‘‘(II) in equal monthly installments over a
                                                                                                         ‘‘(k) RULES RELATING TO ELIGIBLE MULTI-              period of 5 years, commencing within 3
                                               likely to become so insolvent or for plans              EMPLOYER PLANS.—
                                               which have suspended benefits under section                                                                    months of such effective date, with no ad-
                                                                                                         ‘‘(1) PLANS APPLYING FOR SPECIAL FINAN-              justment for interest.
                                               305(e)(9), or that availability is otherwise            CIAL ASSISTANCE.—In the case of an eligible              ‘‘(B) RESTRICTIONS ON THE USE OF SPECIAL
                                               based on the funded status of the plan under            multiemployer plan which applies for special           FINANCIAL ASSISTANCE.—Special financial as-
                                               section 305, as permitted by subsection (d),            financial assistance under section 4262 of             sistance received by the plan may be used to
                                               the corporation shall consult with the Sec-             such Act—                                              make benefit payments and pay plan ex-
                                               retary of the Treasury regarding any grant-               ‘‘(A) IN GENERAL.—Such application shall             penses. Such assistance shall be segregated
                                               ing of priority consideration to such plans.’’.         be submitted in accordance with the require-           from other plan assets, and shall be invested
                                                 (c) PREMIUM RATE INCREASE.—Section                    ments of such section, including any guid-             by the plan in investment-grade bonds or
                                               4006(a)(3) of the Employee Retirement In-               ance issued thereunder by the Pension Ben-             other investments as permitted by regula-
                                               come Security Act of 1974 (29 U.S.C.                    efit Guaranty Corporation.                             tions or other guidance issued by the Pen-
                                               1306(a)(3)) is amended—                                   ‘‘(B) REINSTATEMENT OF SUSPENDED BENE-               sion Benefit Guaranty Corporation.
                                                 (1) in subparagraph (A)—                              FITS.—In the case of a plan for which a sus-             ‘‘(C) CONDITIONS ON PLANS RECEIVING SPE-
                                                 (A) in clause (vi)—                                   pension of benefits has been approved under            CIAL FINANCIAL ASSISTANCE.—
                                                 (i) by inserting ‘‘, and before January 1,            subsection (e)(9), the application shall de-             ‘‘(i) IN GENERAL.—The Pension Benefit
                                               2031’’ after ‘‘December 31, 2014,’’; and                scribe the manner in which suspended bene-             Guaranty Corporation, in consultation with
                                                 (ii) by striking ‘‘or’’ at the end;                   fits will be reinstated in accordance with             the Secretary, may impose, by regulation or
                                                 (B) in clause (vii)—                                  paragraph (2)(A) and guidance issued by the            other guidance, reasonable conditions on an
                                                 (i) by moving the margin 2 ems to the left;           Secretary if the plan receives special finan-          eligible multiemployer plan receiving special
                                               and                                                     cial assistance.                                       financial assistance relating to increases in
                                                 (ii) in subclause (II), by striking the period          ‘‘(C) AMOUNT OF FINANCIAL ASSISTANCE.—               future accrual rates and any retroactive ben-
                                               and inserting ‘‘, or’’; and                               ‘‘(i) IN GENERAL.—In determining the                 efit improvements, allocation of plan assets,
                                                 (C) by adding at the end the following:               amount of special financial assistance to be           reductions in employer contribution rates,
                                                 ‘‘(viii) in the case of a multiemployer plan,         specified in its application, an eligible multi-       diversion of contributions and allocation of
                                               for plan years beginning after December 31,             employer plan shall—                                   expenses to other benefit plans, and with-
                                               2030, $52 for each individual who is a partici-           ‘‘(I) use the interest rate used by the plan         drawal liability.
                                               pant in such plan during the applicable plan            in its most recently completed certification             ‘‘(ii) LIMITATION.—The Pension Benefit
                                               year.’’; and                                            of plan status before January 1, 2021, pro-            Guaranty Corporation shall not impose con-
                                                 (2) by adding at the end the following:               vided that such interest rate does not exceed          ditions on an eligible multiemployer plan as
                                                 ‘‘(N) For each plan year beginning in a cal-          the interest rate limit, and                           a condition of, or following receipt of, spe-
                                               endar year after 2031, there shall be sub-                ‘‘(II) for other assumptions, use the as-            cial financial assistance relating to—
                                               stituted for the dollar amount specified in             sumptions that the plan used in its most re-             ‘‘(I) any prospective reduction in plan ben-
                                               clause (viii) of subparagraph (A) an amount             cently completed certification of plan status          efits (including benefits that may be ad-
                                               equal to the greater of—                                before January 1, 2021, unless such assump-            justed pursuant to subsection (e)(8)),
                                                 ‘‘(i) the product derived by multiplying              tions are unreasonable.                                  ‘‘(II) plan governance, including selection
                                               such dollar amount by the ratio of—                       ‘‘(ii) INTEREST RATE LIMIT.—For purposes of          of, removal of, and terms of contracts with,
                                                 ‘‘(I) the national average wage index (as             clause (i), the interest rate limit is the rate        trustees, actuaries, investment managers,
                                               defined in section 209(k)(1) of the Social Se-          specified in section 430(h)(2)(C)(iii) (dis-           and other service providers, or
                                               curity Act) for the first of the 2 calendar             regarding modifications made under clause                ‘‘(III) any funding rules relating to the
                                               years preceding the calendar year in which              (iv) of such section) for the month in which           plan.
                                               such plan year begins, to                               the application for special financial assist-            ‘‘(D) ASSISTANCE DISREGARDED FOR CERTAIN
                                                 ‘‘(II) the national average wage index (as            ance is filed by the eligible multiemployer            PURPOSES.—
                                               so defined) for 2029; and                               plan or the 3 preceding months, with such                ‘‘(i) FUNDING STANDARDS.—Special finan-
                                                 ‘‘(ii) such dollar amount for plan years be-          specified rate increased by 200 basis points.          cial assistance received by the plan shall not
                                               ginning in the preceding calendar year.                   ‘‘(iii) CHANGES IN ASSUMPTIONS.—If a plan            be taken into account for determining con-
                                               If the amount determined under this sub-                determines that use of one or more prior as-           tributions required under section 431.
                                               paragraph is not a multiple of $1, such prod-           sumptions is unreasonable, the plan may                  ‘‘(ii) INSOLVENT PLANS.—If the plan be-




SSpencer on DSK126QN23PROD with SENATE
                                               uct shall be rounded to the nearest multiple            propose in its application to change such as-          comes insolvent within the meaning of sec-
                                               of $1.’’.                                               sumptions, provided that the plan discloses            tion 418E after receiving special financial as-
                                                 (d) AMENDMENTS TO INTERNAL REVENUE                    such changes in its application and describes          sistance, the plan shall be subject to all rules
                                               CODE OF 1986.—                                          why such assumptions are no longer reason-             applicable to insolvent plans.
                                                 (1) IN GENERAL.—Section 432(a) of the Inter-          able. The plan may not propose a change to               ‘‘(E) INELIGIBILITY FOR SUSPENSION OF BENE-
                                               nal Revenue Code of 1986 is amended—                    the interest rate otherwise required under             FITS.—The plan shall not be eligible to apply
                                                 (A) by striking ‘‘and’’ at the end of para-           this subsection for eligibility or financial as-       for a new suspension of benefits under sub-
                                               graph (2)(B),                                           sistance amount.                                       section (e)(9)(G).




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                                               March 4, 2021                                           CONGRESSIONAL RECORD — SENATE                                                                                      S1105
                                                 ‘‘(3) ELIGIBLE MULTIEMPLOYER PLAN.—                            scribed in the plan’s application and in ac-                     plan years beginning after December 31, 2018,
                                                 ‘‘(A) IN GENERAL.—For purposes of this sec-                    cordance with guidance issued by the Sec-                        December 31, 2019, or December 31, 2020)—
                                               tion, a multiemployer plan is an eligible                        retary, and                                                        ‘‘(A) the shortfall amortization bases for
                                               multiemployer plan if—                                             ‘‘(ii) such corporation shall consult with                     all plan years preceding the first plan year
                                                 ‘‘(i) the plan is in critical and declining                    the Secretary regarding the amount of spe-                       beginning after December 31, 2021 (or after
                                               status in any plan year beginning in 2020                        cial financial assistance needed based on the                    whichever earlier date is elected pursuant to
                                               through 2022,                                                    projected funded status of the plan as of the                    this paragraph), and all shortfall amortiza-
                                                 ‘‘(ii) a suspension of benefits has been ap-                   last day of the plan year ending in 2051,                        tion installments determined with respect to
                                               proved with respect to the plan under sub-                       whether the plan proposes to repay benefits                      such bases, shall be reduced to zero, and
                                               section (e)(9) as of the date of the enactment                   over 5 years or as a lump sum, as required by                      ‘‘(B) subparagraphs (A) and (B) of para-
                                               of this subsection;                                              paragraph (2)(A)(ii), and any other relevant                     graph (2) shall each be applied by sub-
                                                 ‘‘(iii) in any plan year beginning in 2020                     factors, as determined by such corporation                       stituting ‘15-plan-year period’ for ‘7-plan-
                                               through 2022, the plan is certified by the plan                  in consultation with the Secretary, to ensure                    year period’.’’.
                                               actuary to be in critical status, has a modi-                    the amount of assistance is sufficient to                          (b) 15-YEAR AMORTIZATION UNDER THE EM-
                                               fied funded percentage of less than 40 per-                      meet such requirement and is sufficient to                       PLOYEE RETIREMENT INCOME SECURITY ACT OF
                                               cent, and has a ratio of active to inactive                      pay benefits as required in section 4262(j)(1)                   1974.—Section 303(c) of the Employee Retire-
                                               participants which is less than 2 to 3, or                       of such Act.                                                     ment Income Security Act of 1974 (29 U.S.C.
                                                 ‘‘(iv) the plan became insolvent within the                      ‘‘(B) In the case of any plan which proposes                   1083(c)) is amended by adding at the end the
                                               meaning of section 418E after December 16,                       in its application to change the assumptions                     following new paragraph:
                                               2014, and has remained so insolvent and has                      used, as provided in paragraph (1)(C)(iii),                        ‘‘(8) 15-YEAR AMORTIZATION.—With respect
                                               not been terminated as of the date of enact-                     such corporation shall consult with the Sec-                     to plan years beginning after December 31,
                                               ment of this subsection.                                         retary regarding such proposed change in as-                     2021 (or, at the election of the plan sponsor,
                                                 ‘‘(B) MODIFIED FUNDED PERCENTAGE.—For                          sumptions.                                                       plan years beginning after December 31, 2018,
                                               purposes of subparagraph (A)(iii), the term                        ‘‘(C) If such corporation specifies in regula-                 December 31, 2019, or December 31, 2020)—
                                               ‘modified funded percentage’ means the per-                      tions or guidance that temporary priority                          ‘‘(A) the shortfall amortization bases for
                                               centage equal to a fraction the numerator of                     consideration is available for plans which                       all plan years preceding the first plan year
                                               which is current value of plan assets (as de-                    are insolvent within the meaning of section                      beginning after December 31, 2021 (or after
                                               fined in section 3(26) of the Employee Retire-                   418E or likely to become so insolvent or for                     whichever earlier date is elected pursuant to
                                               ment Income Security Act of 1974) and the                        plans which have suspended benefits under                        this paragraph), and all shortfall amortiza-
                                               denominator of which is current liabilities                      subsection (e)(9), or that availability is oth-                  tion installments determined with respect to
                                               (as defined in section 431(c)(6)(D)).                            erwise based on the funded status of the plan                    such bases, shall be reduced to zero, and
                                                 ‘‘(4) COORDINATION WITH PENSION BENEFIT                        under this section, as permitted by section                        ‘‘(B) subparagraphs (A) and (B) of para-
                                               GUARANTY CORPORATION.—In prescribing the                         4262(d) of such Act, such corporation shall                      graph (2) shall each be applied by sub-
                                               application process for eligible multiem-                        consult with the Secretary regarding any                         stituting ‘15-plan-year period’ for ‘7-plan-
                                               ployer plans to receive special financial as-                    granting of priority consideration to such                       year period’.’’.
                                               sistance under section 4262 of the Employee                      plans.’’.                                                          (c) EFFECTIVE DATE.—The amendments
                                               Retirement Income Security Act of 1974 and                                                                                        made by this section shall apply to plan
                                                                                                                SEC. 9705. EXTENDED AMORTIZATION FOR SIN-
                                               reviewing applications of such plans, the                                    GLE EMPLOYER PLANS.
                                                                                                                                                                                 years beginning after December 31, 2018.
                                               Pension Benefit Guaranty Corporation shall                                                                                        SEC. 9706. EXTENSION OF PENSION FUNDING
                                               coordinate with the Secretary in the fol-                          (a) 15-YEAR AMORTIZATION UNDER THE IN-                                    STABILIZATION PERCENTAGES FOR
                                               lowing manner:                                                   TERNAL     REVENUE CODE OF 1986.—Section                                    SINGLE EMPLOYER PLANS.
                                                 ‘‘(A) In the case of a plan which has sus-                     430(c) of the Internal Revenue Code of 1986 is                     (a) AMENDMENT TO INTERNAL REVENUE CODE
                                               pended benefits under subsection (e)(9)—                         amended by adding at the end the following                       OF 1986.—
                                                 ‘‘(i) in determining whether to approve the                    new paragraph:                                                     (1) IN GENERAL.—The table contained in
                                               application, such corporation shall consult                        ‘‘(8) 15-YEAR AMORTIZATION.—With respect                       subclause (II) of section 430(h)(2)(C)(iv) of the
                                               with the Secretary regarding the plan’s pro-                     to plan years beginning after December 31,                       Internal Revenue Code of 1986 is amended to
                                               posed method of reinstating benefits, as de-                     2021 (or, at the election of the plan sponsor,                   read as follows:



                                                                                                                                                                                                               The ap-    The ap-
                                                                                                                                                                                                               plicable   plicable
                                                                                                                                                                                                                 min-       max-
                                                                                                          ‘‘If the calendar year is:                                                                            imum       imum
                                                                                                                                                                                                               percent-   percent-
                                                                                                                                                                                                                age is:    age is:

                                               Any year in the period starting in 2012 and ending in 2019 ....................................................................                                     90%      110%
                                               Any year in the period starting in 2020 and ending in 2025 ....................................................................                                     95%      105%
                                               2026 ........................................................................................................................................................       90%      110%
                                               2027 ........................................................................................................................................................       85%      115%
                                               2028 ........................................................................................................................................................       80%      120%
                                               2029 ........................................................................................................................................................       75%      125%
                                               After 2029 ...............................................................................................................................................          70%     130%.’’.


                                                 (2) FLOOR ON 25-YEAR AVERAGES.—Subclause                       third segment rate for any 25-year period is                       (1) IN GENERAL.—The table contained in
                                               (I) of section 430(h)(2)(C)(iv) of such Code is                  less than 5 percent, such average shall be                       subclause (II) of section 303(h)(2)(C)(iv) of the
                                               amended by adding at the end the following:                      deemed to be 5 percent.’’.                                       Employee Retirement Income Security Act
                                               ‘‘Notwithstanding anything in this sub-                            (b) AMENDMENTS TO EMPLOYEE RETIREMENT                          of 1974 (29 U.S.C. 1083(h)(2)(C)(iv)(II)) is
                                               clause, if the average of the first, second, or                  INCOME SECURITY ACT OF 1974.—                                    amended to read as follows:



                                                                                                                                                                                                               The ap-    The ap-
                                                                                                                                                                                                               plicable   plicable
                                                                                                                                                                                                                 min-       max-
                                                                                                          ‘‘If the calendar year is:




SSpencer on DSK126QN23PROD with SENATE
                                                                                                                                                                                                                imum       imum
                                                                                                                                                                                                               percent-   percent-
                                                                                                                                                                                                                age is:    age is:

                                               Any year in the period starting in 2012 and ending in 2019 ....................................................................                                     90%      110%
                                               Any year in the period starting in 2020 and ending in 2025 ....................................................................                                     95%      105%
                                               2026 ........................................................................................................................................................       90%      110%
                                               2027 ........................................................................................................................................................       85%      115%



                                         VerDate Sep 11 2014     08:39 Mar 05, 2021      Jkt 019060    PO 00000      Frm 00069     Fmt 0637    Sfmt 0634     E:\CR\FM\A04MR6.008         S04MRPT1
                                               S1106                                                   CONGRESSIONAL RECORD — SENATE                                                                             March 4, 2021


                                                                                                                                                                                                               The ap-    The ap-
                                                                                                                                                                                                               plicable   plicable
                                                                                                                                                                                                                 min-       max-
                                                                                                          ‘‘If the calendar year is:                                                                            imum       imum
                                                                                                                                                                                                               percent-   percent-
                                                                                                                                                                                                                age is:    age is:

                                               2028 ........................................................................................................................................................       80%      120%
                                               2029 ........................................................................................................................................................       75%      125%
                                               After 2029 ...............................................................................................................................................          70%     130%.’’.


                                                 (2) FLOOR ON 25-YEAR AVERAGES.—Subclause                         ‘‘(3) ELECTION.—An election under para-                        employment in the trade or business of pub-
                                               (I) of section 303(h)(2)(C)(iv) of such Act (29                  graph (1) shall be made at such time and in                      lishing 1 or more newspapers which were
                                               U.S.C. 1083(h)(2)(C)(iv)(I)) is amended by add-                  such manner as prescribed by the Secretary.                      published by the employer at any time dur-
                                               ing at the end the following: ‘‘Notwith-                         Such election, once made with respect to a                       ing the 11-year period ending on December
                                               standing anything in this subclause, if the                      plan year, shall apply to all subsequent plan                    20, 2019,
                                               average of the first, second, or third segment                   years unless revoked with the consent of the                       ‘‘(ii)(I) is not a company the stock of which
                                               rate for any 25-year period is less than 5 per-                  Secretary.                                                       is publicly traded (on a stock exchange or in
                                               cent, such average shall be deemed to be 5                         ‘‘(4) ALTERNATIVE MINIMUM FUNDING STAND-                       an over-the-counter market), and is not con-
                                               percent.’’.                                                      ARDS.—The alternative standards described                        trolled, directly or indirectly, by such a com-
                                                 (3) CONFORMING AMENDMENTS.—                                    in this paragraph are the following:                             pany, or
                                                 (A) IN GENERAL.—Section 101(f)(2)(D) of                          ‘‘(A) INTEREST RATES.—                                           ‘‘(II) is controlled, directly or indirectly,
                                               such Act (29 U.S.C. 1021(f)(2)(D)) is amended—                     ‘‘(i) IN GENERAL.—Notwithstanding sub-                         during the entire 30-year period ending on
                                                 (i) in clause (i) by striking ‘‘and the Bipar-                 section (h)(2)(C) and except as provided in                      December 20, 2019, by individuals who are
                                               tisan Budget Act of 2015’’ both places it ap-                    clause (ii), the first, second, and third seg-                   members of the same family, and does not
                                               pears and inserting ‘‘, the Bipartisan Budget                    ment rates in effect for any month for pur-                      publish or distribute a daily newspaper that
                                               Act of 2015, and the American Rescue Plan                        poses of this section shall be 8 percent.                        is carrier-distributed in printed form in more
                                               Act of 2021’’, and                                                 ‘‘(ii) NEW BENEFIT ACCRUALS.—Notwith-                          than 5 States, and
                                                 (ii) in clause (ii) by striking ‘‘2023’’ and in-               standing subsection (h)(2), for purposes of de-                    ‘‘(iii) is controlled, directly or indirectly—
                                               serting ‘‘2029’’.                                                termining the funding target and normal                            ‘‘(I) by 1 or more persons residing pri-
                                                 (B) STATEMENTS.—The Secretary of Labor                         cost of a plan for any plan year, the present                    marily in a State in which the community
                                               shall modify the statements required under                       value of any benefits accrued or earned                          newspaper has been published on newsprint
                                               subclauses (I) and (II) of section 101(f)(2)(D)(i)               under the plan for a plan year with respect                      or carrier-distributed,
                                               of such Act to conform to the amendments                         to which an election under paragraph (1) is                        ‘‘(II) during the entire 30-year period end-
                                               made by this section.                                            in effect shall be determined on the basis of                    ing on December 20, 2019, by individuals who
                                                 (c) EFFECTIVE DATE.—                                           the United States Treasury obligation yield                      are members of the same family,
                                                 (1) IN GENERAL.—The amendments made by                         curve for the day that is the valuation date                       ‘‘(III) by 1 or more trusts, the sole trustees
                                               this section shall apply with respect to plan                    of such plan for such plan year.                                 of which are persons described in subclause
                                               years beginning after December 31, 2019.                           ‘‘(iii) UNITED STATES TREASURY OBLIGATION                      (I) or (II), or
                                                                                                                YIELD CURVE.—For purposes of this sub-                             ‘‘(IV) by a combination of persons de-
                                                 (2) ELECTION NOT TO APPLY.—A plan sponsor
                                                                                                                section, the term ‘United States Treasury                        scribed in subclause (I), (II), or (III).
                                               may elect not to have the amendments made
                                                                                                                obligation yield curve’ means, with respect                        ‘‘(B) NEWSPAPER.—The term ‘newspaper’
                                               by this section apply to any plan year begin-
                                                                                                                to any day, a yield curve which shall be pre-                    does not include any newspaper (determined
                                               ning before January 1, 2022, either (as speci-
                                                                                                                scribed by the Secretary for such day on in-                     without regard to this subparagraph) to
                                               fied in the election)—
                                                                                                                terest-bearing obligations of the United                         which any of the following apply:
                                                 (A) for all purposes for which such amend-
                                                                                                                States.                                                            ‘‘(i) Is not in general circulation.
                                               ments apply, or
                                                                                                                  ‘‘(B) SHORTFALL AMORTIZATION BASE.—                              ‘‘(ii) Is published (on newsprint or elec-
                                                 (B) solely for purposes of determining the
                                                                                                                  ‘‘(i) PREVIOUS SHORTFALL AMORTIZATION                          tronically) less frequently than 3 times per
                                               adjusted funding target attainment percent-
                                                                                                                BASES.—The shortfall amortization bases de-                      week.
                                               age under sections 436 of the Internal Rev-                      termined under subsection (c)(3) for all plan                      ‘‘(iii) Has not ever been regularly published
                                               enue Code of 1986 and 206(g) of the Employee                     years preceding the first plan year to which                     on newsprint.
                                               Retirement Income Security Act of 1974 for                       the election under paragraph (1) applies (and                      ‘‘(iv) Does not have a bona fide list of paid
                                               such plan year.                                                  all shortfall amortization installments de-                      subscribers.
                                               A plan shall not be treated as failing to meet                   termined with respect to such bases) shall be                      ‘‘(C) CONTROL.—A person shall be treated
                                               the requirements of sections 204(g) of such                      reduced to zero under rules similar to the                       as controlled by another person if such other
                                               Act and 411(d)(6) of such Code solely by rea-                    rules of subsection (c)(6).                                      person possesses, directly or indirectly, the
                                               son of an election under this paragraph.                           ‘‘(ii) NEW SHORTFALL AMORTIZATION BASE.—                       power to direct or cause the direction and
                                               SEC. 9707. MODIFICATION OF SPECIAL RULES                         Notwithstanding subsection (c)(3), the short-                    management of such person (including the
                                                          FOR MINIMUM FUNDING STAND-                            fall amortization base for the first plan year                   power to elect a majority of the members of
                                                          ARDS FOR COMMUNITY NEWSPAPER                          to which the election under paragraph (1) ap-
                                                          PLANS.                                                                                                                 the board of directors of such person)
                                                                                                                plies shall be the funding shortfall of such                     through the ownership of voting securities.
                                                 (a) AMENDMENT TO INTERNAL REVENUE CODE                         plan for such plan year (determined using                          ‘‘(6) CONTROLLED GROUP.—For purposes of
                                               OF 1986.—Subsection (m) of section 430 of the                    the interest rates as modified under subpara-                    this subsection, the term ‘controlled group’
                                               Internal Revenue Code of 1986 is amended to                      graph (A)).                                                      means all persons treated as a single em-
                                               read as follows:                                                   ‘‘(C) DETERMINATION OF SHORTFALL AMORTI-                       ployer under subsection (b), (c), (m), or (o) of
                                                 ‘‘(m) SPECIAL RULES FOR COMMUNITY NEWS-                        ZATION INSTALLMENTS.—                                            section 414 as of December 20, 2019.’’.
                                               PAPER PLANS.—                                                      ‘‘(i) 30-YEAR PERIOD.—Subparagraphs (A)                          (b) AMENDMENT TO EMPLOYEE RETIREMENT
                                                 ‘‘(1) IN GENERAL.—An eligible newspaper                        and (B) of subsection (c)(2) shall be applied                    INCOME SECURITY ACT OF 1974.—Subsection
                                               plan sponsor of a plan under which no partic-                    by substituting ‘30-plan-year’ for ‘7-plan-                      (m) of section 303 of the Employee Retire-
                                               ipant has had the participant’s accrued ben-                     year’ each place it appears.                                     ment Income Security Act of 1974 (29 U.S.C.
                                               efit increased (whether because of service or                      ‘‘(ii) NO SPECIAL ELECTION.—The election                       1083(m)) is amended to read as follows:
                                               compensation) after April 2, 2019, may elect                     under subparagraph (D) of subsection (c)(2)                        ‘‘(m) SPECIAL RULES FOR COMMUNITY NEWS-
                                               to have the alternative standards described                      shall not apply to any plan year to which the                    PAPER PLANS.—
                                               in paragraph (4) apply to such plan.                             election under paragraph (1) applies.                              ‘‘(1) IN GENERAL.—An eligible newspaper
                                                 ‘‘(2) ELIGIBLE NEWSPAPER PLAN SPONSOR.—                          ‘‘(D) EXEMPTION FROM AT-RISK TREAT-                            plan sponsor of a plan under which no partic-
                                               The term ‘eligible newspaper plan sponsor’                       MENT.—Subsection (i) shall not apply.                            ipant has had the participant’s accrued ben-




SSpencer on DSK126QN23PROD with SENATE
                                               means the plan sponsor of—                                         ‘‘(5) COMMUNITY NEWSPAPER PLAN.—For                            efit increased (whether because of service or
                                                 ‘‘(A) any community newspaper plan, or                         purposes of this subsection—                                     compensation) after April 2, 2019, may elect
                                                 ‘‘(B) any other plan sponsored, as of April                      ‘‘(A) IN GENERAL.—The term ‘community                          to have the alternative standards described
                                               2, 2019, by a member of the same controlled                      newspaper plan’ means any plan to which                          in paragraph (4) apply to such plan.
                                               group of a plan sponsor of a community                           this section applies maintained as of Decem-                       ‘‘(2) ELIGIBLE NEWSPAPER PLAN SPONSOR.—
                                               newspaper plan if such member is in the                          ber 31, 2018, by an employer which—                              The term ‘eligible newspaper plan sponsor’
                                               trade or business of publishing 1 or more                          ‘‘(i) maintains the plan on behalf of par-                     means the plan sponsor of—
                                               newspapers.                                                      ticipants and beneficiaries with respect to                        ‘‘(A) any community newspaper plan, or




                                         VerDate Sep 11 2014     08:39 Mar 05, 2021      Jkt 019060    PO 00000      Frm 00070     Fmt 0637     Sfmt 0634    E:\CR\FM\A04MR6.008         S04MRPT1
                                               March 4, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                      S1107
                                                 ‘‘(B) any other plan sponsored, as of April           trolled, directly or indirectly, by such a com-          (2)     CONFORMING     AMENDMENT.—Section
                                               2, 2019, by a member of the same controlled             pany, or                                               418(a)(2)(A) of such Act (42 U.S.C. 618(a)(2)(A))
                                               group of a plan sponsor of a community                    ‘‘(II) is controlled, directly, or indirectly,       is amended by striking ‘‘reservation de-
                                               newspaper plan if such member is in the                 during the entire 30-year period ending on             scribed in paragraph (4)’’ and inserting ‘‘res-
                                               trade or business of publishing 1 or more               December 20, 2019, by individuals who are              ervations described in paragraphs (4) and
                                               newspapers.                                             members of the same family, and does not               (6)(A)’’; and
                                                 ‘‘(3) ELECTION.—An election under para-               publish or distribute a daily newspaper that             (b) MODIFICATION OF STATE MATCH RE-
                                               graph (1) shall be made at such time and in             is carrier-distributed in printed form in more         QUIREMENT FOR FUNDING INCREASES IN FISCAL
                                               such manner as prescribed by the Secretary              than 5 States, and                                     YEARS 2021 AND 2022.—With respect to the
                                               of the Treasury. Such election, once made                 ‘‘(iii) is controlled, directly, or indirectly—      amounts made available by section 418(a)(3)
                                               with respect to a plan year, shall apply to all           ‘‘(I) by 1 or more persons residing pri-             of the Social Security Act for each of fiscal
                                               subsequent plan years unless revoked with               marily in a State in which the community               years 2021 and 2022, section 418(a)(2)(C) of
                                               the consent of the Secretary of the Treasury.           newspaper has been published on newsprint              such Act shall be applied and administered
                                                 ‘‘(4) ALTERNATIVE MINIMUM FUNDING STAND-              or carrier-distributed,                                with respect to any State that is entitled to
                                               ARDS.—The alternative standards described                 ‘‘(II) during the entire 30-year period end-         receive the entire amount that would be al-
                                               in this paragraph are the following:                    ing on December 20, 2019, by individuals who           lotted to the State under section 418(a)(2)(B)
                                                 ‘‘(A) INTEREST RATES.—                                are members of the same family,                        of such Act for the fiscal year in the manner
                                                 ‘‘(i) IN GENERAL.—Notwithstanding sub-                  ‘‘(III) by 1 or more trusts, the sole trustees       authorized for fiscal year 2020, as if the Fed-
                                                                                                       of which are persons described in subclause            eral medical assistance percentage for the
                                               section (h)(2)(C) and except as provided in
                                                                                                       (I) or (II), or                                        State for the fiscal year were 100 percent.
                                               clause (ii), the first, second, and third seg-
                                                                                                         ‘‘(IV) by a combination of persons de-                 (c) FUNDING FOR THE TERRITORIES.—Section
                                               ment rates in effect for any month for pur-
                                                                                                       scribed in subclause (I), (II), or (III).              418(a) of such Act (42 U.S.C. 618(a)) is amend-
                                               poses of this section shall be 8 percent.
                                                                                                         ‘‘(B) NEWSPAPER.—The term ‘newspaper’                ed by adding at the end the following:
                                                 ‘‘(ii) NEW BENEFIT ACCRUALS.—Notwith-
                                                                                                       does not include any newspaper (determined               ‘‘(6) TERRITORIES.—
                                               standing subsection (h)(2), for purposes of de-
                                                                                                       without regard to this subparagraph) to                  ‘‘(A) GRANTS.—The Secretary shall reserve
                                               termining the funding target and normal
                                                                                                       which any of the following apply:                      $25,000,000 of the aggregate amount appro-
                                               cost of a plan for any plan year, the present             ‘‘(i) Is not in general circulation.
                                               value of any benefits accrued or earned                                                                        priated to carry out this section in each fis-
                                                                                                         ‘‘(ii) Is published (on newsprint or elec-           cal year beginning with fiscal year 2021 to
                                               under the plan for a plan year with respect             tronically) less frequently than 3 times per
                                               to which an election under paragraph (1) is                                                                    make grants to the territories under this
                                                                                                       week.                                                  paragraph for each such fiscal year.
                                               in effect shall be determined on the basis of             ‘‘(iii) Has not ever been regularly published
                                               the United States Treasury obligation yield                                                                      ‘‘(B) ALLOTMENTS.—The amount reserved
                                                                                                       on newsprint.                                          in subparagraph (A) for a fiscal year shall be
                                               curve for the day that is the valuation date              ‘‘(iv) Does not have a bona fide list of paid
                                               of such plan for such plan year.                                                                               allotted for such fiscal year among the terri-
                                                                                                       subscribers.                                           tories in proportion to their respective
                                                 ‘‘(iii) UNITED STATES TREASURY OBLIGATION               ‘‘(C) CONTROL.—A person shall be treated
                                               YIELD CURVE.—For purposes of this sub-                                                                         needs.
                                                                                                       as controlled by another person if such other            ‘‘(C) REDISTRIBUTION.—The 1st sentence of
                                               section, the term ‘United States Treasury               person possesses, directly or indirectly, the
                                               obligation yield curve’ means, with respect                                                                    clause (i) and clause (ii) of paragraph (2)(D)
                                                                                                       power to direct or cause the direction and             shall apply with respect to the amounts al-
                                               to any day, a yield curve which shall be pre-           management of such person (including the
                                               scribed by the Secretary of the Treasury for                                                                   lotted to the territories under this para-
                                                                                                       power to elect a majority of the members of
                                               such day on interest-bearing obligations of                                                                    graph, except that the 2nd sentence of para-
                                                                                                       the board of directors of such person)
                                               the United States.                                                                                             graph (2)(D) shall not apply and the amounts
                                                                                                       through the ownership of voting securities.
                                                 ‘‘(B) SHORTFALL AMORTIZATION BASE.—                                                                          allotted to the territories that are available
                                                                                                         ‘‘(6) CONTROLLED GROUP.—For purposes of
                                                 ‘‘(i) PREVIOUS SHORTFALL AMORTIZATION                                                                        for redistribution for a fiscal year shall be
                                                                                                       this subsection, the term ‘controlled group’
                                               BASES.—The shortfall amortization bases de-                                                                    redistributed to each territory that applies
                                                                                                       means all persons treated as a single em-
                                               termined under subsection (c)(3) for all plan                                                                  for the additional amounts, to the extent
                                                                                                       ployer under subsection (b), (c), (m), or (o) of
                                               years preceding the first plan year to which                                                                   that the Secretary determines that the terri-
                                                                                                       section 414 of the Internal Revenue Code of
                                               the election under paragraph (1) applies (and                                                                  tory will be able to use the additional
                                                                                                       1986 as of December 20, 2019.
                                               all shortfall amortization installments de-                                                                    amounts to provide child care assistance, in
                                                                                                         ‘‘(7) EFFECT ON PREMIUM RATE CALCULA-
                                               termined with respect to such bases) shall be           TION.—In the case of a plan for which an elec-
                                                                                                                                                              an amount that bears the same ratio to the
                                               reduced to zero under rules similar to the              tion is made to apply the alternative stand-           amount so available for redistribution as the
                                               rules of subsection (c)(6).                             ards described in paragraph (3), the addi-             amount allotted to the territory for the fis-
                                                 ‘‘(ii) NEW SHORTFALL AMORTIZATION BASE.—              tional premium under section 4006(a)(3)(E)             cal year bears to the total amount allotted
                                               Notwithstanding subsection (c)(3), the short-           shall be determined as if such election had            to all the territories receiving redistributed
                                               fall amortization base for the first plan year          not been made.’’.                                      funds under this paragraph for the fiscal
                                               to which the election under paragraph (1) ap-             (c) EFFECTIVE DATE.—The amendments                   year.
                                               plies shall be the funding shortfall of such            made by this section shall apply to plan                 ‘‘(D) INAPPLICABILITY OF PAYMENT LIMITA-
                                               plan for such plan year (determined using               years ending after December 31, 2017.                  TION.— Section 1108(a) shall not apply with
                                               the interest rates as modified under subpara-           SEC. 9708. EXPANSION OF LIMITATION ON EXCES-           respect to any amount paid under this para-
                                               graph (A)).                                                          SIVE EMPLOYEE REMUNERATION.               graph.
                                                 ‘‘(C) DETERMINATION OF SHORTFALL AMORTI-                 Paragraph (3) of section 162(m) of the In-            ‘‘(E) TERRITORY.—In this paragraph, the
                                               ZATION INSTALLMENTS.—                                   ternal Revenue Code of 1986 is amended—                term ‘territory’ means the Commonwealth of
                                                 ‘‘(i) 30-YEAR PERIOD.—Subparagraphs (A)                  (1) by redesignating subparagraph (C) as            Puerto Rico, the United States Virgin Is-
                                               and (B) of subsection (c)(2) shall be applied           subparagraph (D),                                      lands, Guam, American Samoa, and the Com-
                                               by substituting ‘30-plan-year’ for ‘7-plan-                (2) by striking ‘‘or’’ at the end of subpara-       monwealth of the Northern Mariana Is-
                                               year’ each place it appears.                            graph (B),                                             lands.’’.
                                                 ‘‘(ii) NO SPECIAL ELECTION.—The election                 (3) by inserting after subparagraph (B) the                       Subtitle J—Medicaid
                                               under subparagraph (D) of subsection (c)(2)             following new subparagraph:                            SEC. 9811. MANDATORY COVERAGE OF COVID–19
                                               shall not apply to any plan year to which the              ‘‘(C) in the case of taxable years beginning                    VACCINES AND ADMINISTRATION
                                               election under paragraph (1) applies.                   after December 31, 2026, such employee is                          AND TREATMENT UNDER MEDICAID.
                                                 ‘‘(D) EXEMPTION FROM AT-RISK TREAT-                   among the 5 highest compensated employees                (a) COVERAGE.—
                                               MENT.—Subsection (i) shall not apply.                   for the taxable year other than any indi-                (1) IN GENERAL.—Section 1905(a)(4) of the
                                                 ‘‘(5) COMMUNITY NEWSPAPER PLAN.—For                   vidual described in subparagraph (A) or (B),           Social Security Act (42 U.S.C. 1396d(a)(4)) is
                                               purposes of this subsection—                            or’’, and                                              amended by striking the semicolon at the
                                                 ‘‘(A) IN GENERAL.—The term ‘community                    (4) by striking ‘‘employee’’ in subpara-            end and inserting ‘‘; and (E) during the pe-
                                               newspaper plan’ means a plan to which this              graph (D), as so redesignated, and inserting           riod beginning on the date of the enactment
                                               section applies maintained as of December               ‘‘employee described in subparagraph (A) or            of the American Rescue Plan Act of 2021 and
                                               31, 2018, by an employer which—                         (B)’’.                                                 ending on the last day of the first calendar
                                                 ‘‘(i) maintains the plan on behalf of par-                   Subtitle I—Child Care for Workers               quarter that begins one year after the last
                                               ticipants and beneficiaries with respect to             SEC. 9801. CHILD CARE ASSISTANCE.                      day of the emergency period described in sec-




SSpencer on DSK126QN23PROD with SENATE
                                               employment in the trade or business of pub-               (a) APPROPRIATION.—                                  tion 1135(g)(1)(B), a COVID–19 vaccine and ad-
                                               lishing 1 or more newspapers which were                   (1) IN GENERAL.—Section 418(a)(3) of the So-         ministration of the vaccine; and (F) during
                                               published by the employer at any time dur-              cial Security Act (42 U.S.C. 618(a)(3)) is             the period beginning on the date of the en-
                                               ing the 11-year period ending on December               amended to read as follows:                            actment of the American Rescue Plan Act of
                                               20, 2019,                                                 ‘‘(3) APPROPRIATION.—For grants under this           2021 and ending on the last day of the first
                                                 ‘‘(ii)(I) is not a company the stock of which         section, there are appropriated $3,047,000,000         calendar quarter that begins one year after
                                               is publicly traded (on a stock exchange or in           for each fiscal year beginning with fiscal             the last day of the emergency period de-
                                               an over-the-counter market), and is not con-            year 2021.’’.                                          scribed in section 1135(g)(1)(B), testing and




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                                               S1108                                             CONGRESSIONAL RECORD — SENATE                                                           March 4, 2021
                                               treatments for COVID-19, including special-               (iii) by adding at the end the following sub-          (B)     CONFORMING      AMENDMENT.—Section
                                               ized equipment and therapies (including pre-            paragraphs:                                            1927(d)(7) of the Social Security Act (42
                                               ventive therapies), and, without regard to                ‘‘(H) during the period beginning on the             U.S.C. 1396r–8(d)(7)) is amended by adding at
                                               the requirements of section 1902(a)(10)(B) (re-         date of the enactment of this subparagraph             the end the following new subparagraph:
                                               lating to comparability), in the case of an in-         and ending on the last day of the first cal-             ‘‘(E) Drugs and biological products to
                                               dividual who is diagnosed with or presumed              endar quarter that begins one year after the           which section 1905(a)(4)(F) and subclause
                                               to have COVID–19, during the period such in-            last day of the emergency period described in          (XVIII) in the matter following subparagraph
                                               dividual has (or is presumed to have) COVID–            section 1135(g)(1)(B), a COVID–19 vaccine and          (G) of section 1902(a)(10) apply that are fur-
                                               19, the treatment of a condition that may se-           the administration of such vaccine (for any            nished as medical assistance in accordance
                                               riously complicate the treatment of COVID–              individual eligible for medical assistance for         with such section or clause, respectively, for
                                               19, if otherwise covered under the State plan           such vaccine (and administration)); or                 the treatment or prevention, of COVID–19, as
                                               (or waiver of such plan);’’.                              ‘‘(I) during the period beginning on the             described in such subparagraph or subclause,
                                                 (2) MAKING COVID–19 VACCINE AVAILABLE TO              date of the enactment of this subparagraph             respectively, and section 1902(a)(10)(A).’’.
                                               ADDITIONAL ELIGIBILITY GROUPS AND TREAT-                and ending on the last day of the first cal-             (5) ALTERNATIVE BENEFIT PLANS.—Section
                                               MENT AVAILABLE TO CERTAIN UNINSURED.—                   endar quarter that begins one year after the           1937(b) of the Social Security Act (42 U.S.C.
                                               Section 1902(a)(10) of such Act (42 U.S.C.              last day of the emergency period described in          1396u–7(b)) is amended by adding at the end
                                               1396a(a)(10)) is amended in the matter fol-             section 1135(g)(1)(B), testing and treatments          the following new paragraph:
                                               lowing subparagraph (G)—                                for COVID-19, including specialized equip-               ‘‘(8) COVID–19 VACCINES, TESTING, AND
                                                 (A) by striking ‘‘and to other conditions                                                                    TREATMENT.—Notwithstanding the previous
                                                                                                       ment and therapies (including preventive
                                               which may complicate pregnancy, (VIII)’’                                                                       provisions of this section, a State may not
                                                                                                       therapies), and, in the case of an individual
                                               and inserting ‘‘, medical assistance for serv-                                                                 provide for medical assistance through en-
                                                                                                       who is diagnosed with or presumed to have
                                               ices related to other conditions which may                                                                     rollment of an individual with benchmark
                                                                                                       COVID–19, during the period during which
                                               complicate pregnancy, and medical assist-                                                                      coverage or benchmark-equivalent coverage
                                                                                                       such individual has (or is presumed to have)
                                               ance for vaccines described in section                                                                         under this section unless, during the period
                                                                                                       COVID–19, the treatment of a condition that
                                               1905(a)(4)(E) and the administration of such                                                                   beginning on the date of the enactment of
                                               vaccines during the period described in such            may seriously complicate the treatment of
                                                                                                       COVID–19, if otherwise covered under the               the American Rescue Plan Act of 2021 and
                                               section, (VIII)’’;                                                                                             ending on the last day of the first calendar
                                                 (B) by inserting ‘‘and medical assistance             State plan (or waiver of such plan); and’’.
                                                                                                         (B) APPLICATION TO ALTERNATIVE COST                  quarter that begins one year after the last
                                               for vaccines described in section 1905(a)(4)(E)                                                                day of the emergency period described in sec-
                                                                                                       SHARING.—Section 1916A(b)(3)(B) of the So-
                                               and the administration of such vaccines dur-                                                                   tion 1135(g)(1)(B), such coverage includes
                                               ing the period described in such section’’              cial Security Act (42 U.S.C. 1396o–1(b)(3)(B))
                                                                                                       is amended—                                            (and does not impose any deduction, cost
                                               after ‘‘(described in subsection (z)(2))’’;                                                                    sharing, or similar charge for)—
                                                 (C) by inserting ‘‘and medical assistance               (i) in clause (xi), by striking ‘‘any visit’’
                                                                                                       and inserting ‘‘any service’’; and                       ‘‘(A) COVID–19 vaccines and administra-
                                               for vaccines described in section 1905(a)(4)(E)                                                                tion of the vaccines; and
                                               and the administration of such vaccines dur-              (ii) by adding at the end the following
                                                                                                       clauses:                                                 ‘‘(B) testing and treatments for COVID-19,
                                               ing the period described in such section’’                                                                     including specialized equipment and thera-
                                               after ‘‘described in subsection (k)(1)’’;                 ‘‘(xii) During the period beginning on the
                                                                                                       date of the enactment of this clause and end-          pies (including preventive therapies), and, in
                                                 (D) by inserting ‘‘and medical assistance
                                                                                                       ing on the last day of the first calendar quar-        the case of such an individual who is diag-
                                               for vaccines described in section 1905(a)(4)(E)
                                                                                                       ter that begins one year after the last day of         nosed with or presumed to have COVID–19,
                                               and the administration of such vaccines dur-
                                                                                                       the emergency period described in section              during the period such individual has (or is
                                               ing the period described in such section’’
                                                                                                       1135(g)(1)(B), a COVID–19 vaccine and the ad-          presumed to have) COVID–19, the treatment
                                               after ‘‘family planning setting’’;
                                                                                                       ministration of such vaccine (for any indi-            of a condition that may seriously complicate
                                                 (E) by striking ‘‘and any visit described in
                                                                                                       vidual eligible for medical assistance for             the treatment of COVID–19, if otherwise cov-
                                               section 1916(a)(2)(G) that is furnished during
                                                                                                       such vaccine (and administration)).                    ered under the State plan (or waiver of such
                                               any such portion’’ and inserting ‘‘, any serv-
                                                                                                         ‘‘(xiii) During the period beginning on the          plan).’’.
                                               ice described in section 1916(a)(2)(G) that is
                                               furnished during any such portion, any vac-             date of the enactment of this clause and end-            (b) TEMPORARY INCREASE IN FEDERAL PAY-
                                               cine described in section 1905(a)(4)(E) (and            ing on the last day of the first calendar quar-        MENTS FOR COVERAGE AND ADMINISTRATION OF
                                               the administration of such vaccine) that is             ter that begins one year after the last day of         COVID–19 VACCINES.—Section 1905 of the So-
                                               furnished during any such portion, and test-            the emergency period described in section              cial Security Act (42 U.S.C. 1396d) is amend-
                                               ing and treatments for COVID-19, including              1135(g)(1)(B), testing and treatments for              ed—
                                               specialized equipment and therapies (includ-            COVID-19, including specialized equipment                (1) in subsection (b), by striking ‘‘and (ff)’’
                                               ing preventive therapies), and, in the case of          and therapies (including preventive thera-             and inserting ‘‘(ff), and (hh)’’;
                                               an individual who is diagnosed with or pre-             pies), and, in the case of an individual who is          (2) in subsection (ff), in the matter pre-
                                               sumed to have COVID–19, during the period               diagnosed with or presumed to have COVID–              ceding paragraph (1), by inserting ‘‘, subject
                                               such individual has (or is presumed to have)            19, during the period during which such indi-          to subsection (hh)’’ after ‘‘or (z)(2)’’ and
                                               COVID–19, the treatment of a condition that             vidual has (or is presumed to have) COVID–               (3) by adding at the end the following new
                                               may seriously complicate the treatment of               19, the treatment of a condition that may se-          subsection:
                                               COVID–19, if otherwise covered under the                riously complicate the treatment of COVID–               ‘‘(hh) TEMPORARY INCREASED FMAP FOR
                                               State plan (or waiver of such plan)’’; and              19, if otherwise covered under the State plan          MEDICAL ASSISTANCE FOR COVERAGE AND AD-
                                                 (F) by striking the semicolon at the end              (or waiver of such plan).’’.                           MINISTRATION OF COVID–19 VACCINES.—
                                               and inserting ‘‘, and (XIX) medical assist-               (4) INCLUSION IN THE MEDICAID DRUG REBATE              ‘‘(1) IN GENERAL.—Notwithstanding any
                                               ance shall be made available during the pe-             PROGRAM OF COVERED OUTPATIENT DRUGS USED               other provision of this title, during the pe-
                                               riod described in section 1905(a)(4)(E) for vac-        FOR COVID–19 TREATMENT.—                               riod described in paragraph (2), the Federal
                                               cines described in such section and the ad-               (A) IN GENERAL.—The requirements of sec-             medical assistance percentage for a State,
                                               ministration of such vaccines, for any indi-            tion 1927 of the Social Security Act (42               with respect to amounts expended by the
                                               vidual who is eligible for and receiving med-           U.S.C. 1396r–8) shall apply to any drug or bio-        State for medical assistance for a vaccine de-
                                               ical assistance under the State plan or under           logical product to which subparagraph (F) of           scribed in subsection (a)(4)(E) (and the ad-
                                               a waiver of such plan (other than an indi-              section 1905(a)(4) of such Act, as added by            ministration of such a vaccine), shall be
                                               vidual who is eligible for medical assistance           paragraph (1), applies or to which the sub-            equal to 100 percent.
                                               consisting only of payment of premiums pur-             clause (XVIII) in the matter following sub-              ‘‘(2) PERIOD DESCRIBED.—The period de-
                                               suant to subparagraph (E) or (F) or section             paragraph (G) of section 1902(a)(10) of such           scribed in this paragraph is the period that—
                                               1933), notwithstanding any provision of this            Act, as added by paragraph (2), applies that             ‘‘(A) begins on the first day of the first
                                               title or waiver under section 1115 impacting            is—                                                    quarter beginning after the date of the en-
                                               such individual’s eligibility for medical as-             (i) furnished as medical assistance in ac-           actment of this subsection; and
                                               sistance under such plan or waiver to cov-              cordance with section 1902(a)(10)(A) of such             ‘‘(B) ends on the last day of the first quar-
                                               erage for a limited type of benefits and serv-          Act and such subparagraph (F) or subclause             ter that begins one year after the last day of
                                               ices that would not otherwise include cov-              (XVIII) and section 1902(a)(10)(A) of such Act,        the emergency period described in section
                                               erage of a COVID–19 vaccine and its adminis-            as applicable, for the treatment, or preven-           1135(g)(1)(B).
                                               tration;’’.                                             tion, of COVID-19, as described in such sub-             ‘‘(3) EXCLUSION OF EXPENDITURES FROM TER-




SSpencer on DSK126QN23PROD with SENATE
                                                 (3) PROHIBITION OF COST SHARING.—                     paragraph or subclause, respectively; and              RITORIAL CAPS.—Any payment made to a ter-
                                                 (A) IN GENERAL.—Subsections (a)(2) and                  (ii) a covered outpatient drug (as defined in        ritory for expenditures for medical assist-
                                               (b)(2) of section 1916 of the Social Security           section 1927(k) of such Act, except that, in           ance under subsection (a)(4)(E) that are sub-
                                               Act (42 U.S.C. 1396o) are each amended—                 applying paragraph (2)(A) of such section to           ject to the Federal medical assistance per-
                                                 (i) in subparagraph (F), by striking ‘‘or’’ at        a drug to which such subparagraph (F) or               centage specified under paragraph (1) shall
                                               the end;                                                such subclause (XVIII) applies, such drug              not be taken into account for purposes of ap-
                                                 (ii) in subparagraph (G), by striking ‘‘;             shall be deemed a prescribed drug for pur-             plying payment limits under subsections (f)
                                               and’’; and                                              poses of section 1905(a)(12) of such Act).             and (g) of section 1108.’’.




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                                               March 4, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                     S1109
                                               SEC. 9812. MODIFICATIONS TO CERTAIN COV-                tion, provide medical assistance for quali-              ‘‘(A) any additional Federal funds received
                                                          ERAGE   UNDER   MEDICAID    FOR              fying community-based mobile crisis inter-             by the State for qualifying community-based
                                                          PREGNANT    AND   POSTPARTUM                 vention services.                                      mobile crisis intervention services provided
                                                          WOMEN.                                         ‘‘(b) QUALIFYING COMMUNITY-BASED MOBILE              under this section that are attributable to
                                                 (a) STATE OPTION.—Section 1902(e) of the              CRISIS INTERVENTION SERVICES DEFINED.—For              the increased Federal medical assistance
                                               Social Security Act (42 U.S.C. 1396a(e)) is             purposes of this section, the term ‘qualifying         percentage under subection (c) will be used
                                               amended by adding at the end the following              community-based mobile crisis intervention             to supplement, and not supplant, the level of
                                               new paragraph:                                          services’ means, with respect to a State,              State funds expended for such services for
                                                 ‘‘(16) EXTENDING CERTAIN COVERAGE FOR                 items and services for which medical assist-           the fiscal year preceding the first fiscal
                                               PREGNANT AND POSTPARTUM WOMEN.—                         ance is available under the State plan under           quarter occurring during the period de-
                                                 ‘‘(A) IN GENERAL.—At the option of the                this title or a waiver of such plan, that are—         scribed in subsection (a);
                                               State, the State plan (or waiver of such                  ‘‘(1) furnished to an individual otherwise             ‘‘(B) if the State made qualifying commu-
                                               State plan) may provide, that an individual             eligible for medical assistance under the              nity-based mobile crisis intervention serv-
                                               who, while pregnant, is eligible for and has            State plan (or waiver of such plan) who is—            ices available in a region of the State in such
                                               received medical assistance under the State               ‘‘(A) outside of a hospital or other facility        fiscal year, the State will continue to make
                                               plan approved under this title (or a waiver of          setting; and                                           such services available in such region under
                                               such plan) (including during a period of ret-             ‘‘(B) experiencing a mental health or sub-           this section during each month occurring
                                               roactive eligibility under subsection (a)(34))          stance use disorder crisis;                            during the period described in subsection (a)
                                               shall, in addition to remaining eligible under            ‘‘(2) furnished by a multidisciplinary mo-           for which the Federal medical assistance
                                               paragraph (5) for all pregnancy-related and             bile crisis team—                                      percentage under subsection (c) is applicable
                                               postpartum medical assistance available                   ‘‘(A) that includes at least 1 behavioral            with respect to the State.
                                               under the State plan (or waiver) through the            health care professional who is capable of               ‘‘(e)   FUNDING     FOR   STATE    PLANNING
                                               last day of the month in which the 60-day pe-           conducting an assessment of the individual,            GRANTS.—There is appropriated, out of any
                                               riod (beginning on the last day of her preg-            in accordance with the professional’s per-             funds in the Treasury not otherwise appro-
                                               nancy) ends, remain eligible under the State            mitted scope of practice under State law,              priated, $15,000,000 to the Secretary for pur-
                                               plan (or waiver) for medical assistance for             and other professionals or paraprofessionals           poses of implementing, administering, and
                                               the period beginning on the first day occur-            with appropriate expertise in behavioral               making planning grants to States as soon as
                                               ring after the end of such 60-day period and            health or mental health crisis response, in-           practicable for purposes of developing a
                                               ending on the last day of the month in which            cluding nurses, social workers, peer support           State plan amendment or section 1115,
                                               the 12-month period (beginning on the last              specialists, and others, as designated by the          1915(b), or 1915(c) waiver request (or an
                                               day of her pregnancy) ends.                             State through a State plan amendment (or               amendment to such a waiver) to provide
                                                 ‘‘(B) FULL BENEFITS DURING PREGNANCY AND              waiver of such plan);                                  qualifying community-based mobile crisis
                                               THROUGHOUT THE 12-MONTH POSTPARTUM PE-                    ‘‘(B) whose members are trained in trau-             intervention services under this section, to
                                               RIOD.—The medical assistance provided for a             ma-informed care, de-escalation strategies,            remain available until expended.’’.
                                               pregnant or postpartum individual by a                  and harm reduction;                                    SEC. 9814. TEMPORARY INCREASE IN FMAP FOR
                                               State making an election under this para-                                                                                  MEDICAL   ASSISTANCE    UNDER
                                                                                                         ‘‘(C) that is able to respond in a timely                        STATE MEDICAID PLANS WHICH
                                               graph, without regard to the basis on which             manner and, where appropriate, provide—                            BEGIN TO EXPEND AMOUNTS FOR
                                               the individual is eligible for medical assist-            ‘‘(i) screening and assessment;                                  CERTAIN MANDATORY INDIVIDUALS.
                                               ance under the State plan (or waiver), shall—             ‘‘(ii) stabilization and de-escalation; and            Section 1905 of the Social Security Act (42
                                                 ‘‘(i) include all items and services covered            ‘‘(iii) coordination with, and referrals to,         U.S.C. 1396d), as amended by section 9811 of
                                               under the State plan (or waiver) that are not           health, social, and other services and sup-            this subtitle, is further amended—
                                               less in amount, duration, or scope, or are de-          ports as needed, and health services as need-            (1) in subsection (b), in the first sentence,
                                               termined by the Secretary to be substan-                ed;                                                    by striking ‘‘and (hh)’’ and inserting ‘‘(hh),
                                               tially equivalent, to the medical assistance              ‘‘(D) that maintains relationships with rel-         and (ii)’’;
                                               available for an individual described in sub-           evant community partners, including med-                 (2) in subsection (ff), by striking ‘‘subject
                                               section (a)(10)(A)(i); and                              ical and behavioral health providers, pri-             to subsection (hh)’’ and inserting ‘‘subject to
                                                 ‘‘(ii) be provided for the individual while           mary care providers, community health cen-             subsections (hh) and (ii)’’; and
                                               pregnant and during the 12-month period                 ters, crisis respite centers, and managed care           (3) by adding at the end the following new
                                               that begins on the last day of the individ-             organizations (if applicable); and                     subsection:
                                               ual’s pregnancy and ends on the last day of               ‘‘(E) that maintains the privacy and con-              ‘‘(ii) TEMPORARY INCREASE IN FMAP FOR
                                               the month in which such 12-month period                 fidentiality of patient information con-               MEDICAL ASSISTANCE UNDER STATE MEDICAID
                                               ends.                                                   sistent with Federal and State requirements;           PLANS WHICH BEGIN TO EXPEND AMOUNTS FOR
                                                 ‘‘(C) COVERAGE UNDER CHIP.—A State mak-               and                                                    CERTAIN MANDATORY INDIVIDUALS.—
                                               ing an election under this paragraph that                 ‘‘(3) available 24 hours per day, every day            ‘‘(1) IN GENERAL.—For each quarter occur-
                                               covers under title XXI child health assist-             of the year.                                           ring during the 8-quarter period beginning
                                               ance for targeted low-income children who                 ‘‘(c) PAYMENTS.—Notwithstanding section              with the first calendar quarter during which
                                               are pregnant or targeted low-income preg-               1905(b) or 1905(ff) and subject to subsections         a qualifying State (as defined in paragraph
                                               nant women, as applicable, shall also make              (y) and (z) of section 1905, during each of the        (3)) expends amounts for all individuals de-
                                               the election under section 2107(e)(1)(J) of             first 12 fiscal quarters occurring during the          scribed in section 1902(a)(10)(A)(i)(VIII) under
                                               such title.’’.                                          period described in subsection (a) that a              the State plan (or waiver of such plan), the
                                                 (b) EFFECTIVE DATE.—The amendment                     State meets the requirements described in              Federal medical assistance percentage deter-
                                               made by subsection (a) shall apply with re-             subsection (d), the Federal medical assist-            mined under subsection (b) for such State
                                               spect to State elections made under para-               ance percentage applicable to amounts ex-              shall, after application of any increase, if ap-
                                               graph (16) of section 1902(e) of the Social Se-         pended by the State for medical assistance             plicable, under section 6008 of the Families
                                               curity Act (42 U.S.C. 1396a(e)), as added by            for qualifying community-based mobile cri-             First Coronavirus Response Act, be increased
                                               subsection (a), during the 5-year period be-            sis intervention services furnished during             by 5 percentage points, except for any quar-
                                               ginning on the 1st day of the 1st fiscal year           such quarter shall be equal to 85 percent. In          ter (and each subsequent quarter) during
                                               quarter that begins one year after the date             no case shall the application of the previous          such period during which the State ceases to
                                               of the enactment of this Act.                           sentence result in the Federal medical as-             provide medical assistance to any such indi-
                                               SEC. 9813. STATE OPTION TO PROVIDE QUALI-               sistance percentage applicable to amounts              vidual under the State plan (or waiver of
                                                           FYING COMMUNITY-BASED MOBILE                expended by a State for medical assistance             such plan).
                                                           CRISIS INTERVENTION SERVICES.               for such qualifying community-based mobile               ‘‘(2) SPECIAL APPLICATION RULES.—Any in-
                                                 Title XIX of the Social Security Act is               crisis intervention services furnished during          crease described in paragraph (1) (or pay-
                                               amended by adding after section 1946 (42                a quarter being less than the Federal med-             ment made for expenditures on medical as-
                                               U.S.C. 1396w–5) the following new section:              ical assistance percentage that would apply            sistance that are subject to such increase)—
                                               ‘‘SEC. 1947. STATE OPTION TO PROVIDE QUALI-             to such amounts expended by the State for                ‘‘(A) shall not apply with respect to dis-
                                                            FYING COMMUNITY-BASED MOBILE               such services furnished during such quarter            proportionate share hospital payments de-
                                                            CRISIS INTERVENTION SERVICES.              without application of the previous sentence.          scribed in section 1923;
                                                  ‘‘(a) IN GENERAL.—Notwithstanding section              ‘‘(d) REQUIREMENTS.—The requirements de-               ‘‘(B) shall not be taken into account in cal-
                                               1902(a)(1) (relating to Statewideness), section         scribed in this subsection are the following:          culating the enhanced FMAP of a State




SSpencer on DSK126QN23PROD with SENATE
                                               1902(a)(10)(B) (relating to comparability),               ‘‘(1) The State demonstrates, to the satis-          under section 2105;
                                               section 1902(a)(23)(A) (relating to freedom of          faction of the Secretary that it will be able            ‘‘(C) shall not be taken into account for
                                               choice of providers), or section 1902(a)(27) (re-       to support the provision of qualifying com-            purposes of part A, D, or E of title IV; and
                                               lating to provider agreements), a State may,            munity-based mobile crisis intervention                  ‘‘(D) shall not be taken into account for
                                               during the 5-year period beginning on the               services that meet the conditions specified            purposes of applying payment limits under
                                               first day of the first fiscal year quarter that         in subsection (b).                                     subsections (f) and (g) of section 1108.
                                               begins on or after the date that is 1 year                ‘‘(2) The State provides assurances satis-             ‘‘(3) DEFINITION.—For purposes of this sub-
                                               after the date of the enactment of this sec-            factory to the Secretary that—                         section, the term ‘qualifying State’ means a




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                                               S1110                                             CONGRESSIONAL RECORD — SENATE                                                          March 4, 2021
                                               State which has not expended amounts for                riod’’ means, with respect to a State, the pe-         ity in the State with diagnosed or suspected
                                               all   individuals     described   in   section          riod—                                                  cases of COVID–19 among residents or staff
                                               1902(a)(10)(A)(i)(VIII) before the date of the            (i) beginning on April 1, 2021; and                  for the purposes of assisting with clinical
                                               enactment of this subsection.’’.                          (ii) ending on March 31, 2022.                       care, infection control, or staffing during the
                                               SEC. 9815. EXTENSION OF 100 PERCENT FEDERAL               (B) HOME AND COMMUNITY-BASED SERV-                   emergency period described in section
                                                            MEDICAL ASSISTANCE PERCENTAGE              ICES.—The term ‘‘home and community-                   1135(g)(1)(B) and the 1-year period imme-
                                                            TO URBAN INDIAN HEALTH ORGANI-             based services’’ means any of the following:           diately following the end of such emergency
                                                            ZATIONS AND NATIVE HAWAIIAN                  (i) Home health care services authorized             period.’’.
                                                            HEALTH CARE SYSTEMS.
                                                                                                       under paragraph (7) of section 1905(a) of the          SEC. 9819. SPECIAL RULE FOR THE PERIOD OF A
                                                 Section 1905(b) of the Social Security Act            Social Security Act (42 U.S.C. 1396d(a)).                           DECLARED PUBLIC HEALTH EMER-
                                               (42 U.S.C. 1396d(b)) is amended by inserting              (ii) Personal care services authorized under                      GENCY RELATED TO CORONAVIRUS.
                                               after ‘‘(as defined in section 4 of the Indian          paragraph (24) of such section.
                                               Health Care Improvement Act)’’ the fol-                                                                          (a) IN GENERAL.—Section 1923(f)(3) of the
                                                                                                         (iii) PACE services authorized under para-           Social Security Act (42 U.S.C. 1396r-4(f)(3)) is
                                               lowing: ‘‘; for the 8 fiscal year quarters be-          graph (26) of such section.
                                               ginning with the first fiscal year quarter be-                                                                 amended—
                                                                                                         (iv) Home and community-based services                 (1) in subparagraph (A), by striking ‘‘sub-
                                               ginning after the date of the enactment of              authorized under subsections (b), (c), (i), (j),
                                               the American Rescue Plan Act of 2021, the                                                                      paragraph (E)’’ and inserting ‘‘subparagraphs
                                                                                                       and (k) of section 1915 of such Act (42 U.S.C.         (E) and (F)’’ ; and
                                               Federal medical assistance percentage shall             1396n), such services authorized under a
                                               also be 100 per centum with respect to                                                                           (2) by adding at the end the following new
                                                                                                       waiver under section 1115 of such Act (42              subparagraph:
                                               amounts expended as medical assistance for              U.S.C. 1315), and such services through cov-
                                               services which are received through an                                                                           ‘‘(F) ALLOTMENTS DURING THE CORONAVIRUS
                                                                                                       erage authorized under section 1937 of such            TEMPORARY MEDICAID FMAP INCREASE.—
                                               Urban Indian organization (as defined in                Act (42 U.S.C. 1396u–7).
                                               paragraph (29) of section 4 of the Indian                                                                        ‘‘(i) IN GENERAL.—Notwithstanding any
                                                                                                         (v) Case management services authorized              other provision of this subsection, for any
                                               Health Care Improvement Act) that has a                 under section 1905(a)(19) of the Social Secu-
                                               grant or contract with the Indian Health                                                                       fiscal year for which the Federal medical as-
                                                                                                       rity Act (42 U.S.C. 1396d(a)(19)) and section          sistance percentage applicable to expendi-
                                               Service under title V of such Act; and, for             1915(g) of such Act (42 U.S.C. 1396n(g)).
                                               such 8 fiscal year quarters, the Federal med-                                                                  tures under this section is increased pursu-
                                                                                                         (vi) Rehabilitative services, including              ant to section 6008 of the Families First
                                               ical assistance percentage shall also be 100            those related to behavioral health, described
                                               per centum with respect to amounts ex-                                                                         Coronavirus Response Act, the Secretary
                                                                                                       in section 1905(a)(13) of such Act (42 U.S.C.          shall recalculate the annual DSH allotment,
                                               pended as medical assistance for services               1396d(a)(13)).
                                               which are received through a Native Hawai-                                                                     including the DSH allotment specified under
                                                                                                         (vii) Such other services specified by the           paragraph (6)(A)(vi), to ensure that the total
                                               ian Health Center (as defined in section 12(4)          Secretary of Health and Human Services.
                                               of the Native Hawaiian Health Care Improve-                                                                    DSH payments (including both Federal and
                                                                                                         (C) ELIGIBLE INDIVIDUAL.—The term ‘‘eligi-           State shares) that a State may make related
                                               ment Act) or a qualified entity (as defined in          ble individual’’ means an individual who is
                                               section 6(b) of such Act) that has a grant or                                                                  to a fiscal year is equal to the total DSH
                                                                                                       eligible for and enrolled for medical assist-          payments that the State could have made for
                                               contract with the Papa Ola Lokahi under                 ance under a State Medicaid program and in-
                                               section 8 of such Act’’.                                                                                       such fiscal year without such increase to the
                                                                                                       cludes an individual who becomes eligible for          Federal medical assistance percentage.
                                               SEC. 9816. SUNSET OF LIMIT ON MAXIMUM RE-               medical assistance under a State Medicaid
                                                           BATE AMOUNT FOR SINGLE SOURCE                                                                        ‘‘(ii) NO APPLICATION TO ALLOTMENTS BEGIN-
                                                                                                       program when removed from a waiting list.              NING AFTER COVID–19 EMERGENCY PERIOD.—The
                                                           DRUGS AND INNOVATOR MULTIPLE
                                                           SOURCE DRUGS.                                 (D) MEDICAID PROGRAM.—The term ‘‘Med-                DSH allotment for any State for the first fis-
                                                                                                       icaid program’’ means, with respect to a               cal year beginning after the end of the emer-
                                                 Section 1927(c)(2)(D) of the Social Security
                                                                                                       State, the State program under title XIX of            gency      period   described    in    section
                                               Act (42 U.S.C. 1396r–8(c)(2)(D)) is amended by
                                                                                                       the Social Security Act (42 U.S.C. 1396 et             1135(g)(1)(B) or any succeeding fiscal year
                                               inserting after ‘‘December 31, 2009,’’ the fol-
                                                                                                       seq.) (including any waiver or demonstration           shall be determined under this paragraph
                                               lowing: ‘‘and before January 1, 2024,’’.
                                                                                                       under such title or under section 1115 of such         without regard to the DSH allotments deter-
                                               SEC. 9817. ADDITIONAL SUPPORT FOR MEDICAID
                                                           HOME    AND   COMMUNITY-BASED
                                                                                                       Act (42 U.S.C. 1315) relating to such title).          mined under clause (i).’’.
                                                           SERVICES DURING THE COVID–19                  (E) STATE.—The term ‘‘State’’ has the
                                                                                                                                                                (b) EFFECTIVE DATE.—The amendment
                                                           EMERGENCY.                                  meaning given such term for purposes of
                                                                                                                                                              made by subsection (a) shall take effect and
                                                 (a) INCREASED FMAP.—                                  title XIX of the Social Security Act (42
                                                                                                                                                              apply as if included in the enactment of the
                                                 (1) IN GENERAL.—Notwithstanding section               U.S.C. 1396 et seq.).
                                                                                                                                                              Families First Coronavirus Response Act
                                               1905(b) of the Social Security Act (42 U.S.C.             (b) STATE REQUIREMENTS FOR FMAP IN-
                                                                                                       CREASE.—As conditions for receipt of the in-
                                                                                                                                                              (Public Law 116–127).
                                               1396d(b)) or section 1905(ff), in the case of a
                                               State that meets the HCBS program require-              crease under subsection (a) to the Federal                Subtitle K—Children’s Health Insurance
                                               ments under subsection (b), the Federal med-            medical assistance percentage determined                                Program
                                                                                                       for a State, the State shall meet each of the
                                               ical assistance percentage determined for                                                                      SEC. 9821. MANDATORY COVERAGE OF COVID–19
                                                                                                       following requirements (referred to in sub-                        VACCINES AND ADMINISTRATION
                                               the State under section 1905(b) of such Act
                                                                                                       section (a) as the HCBS program require-                           AND TREATMENT UNDER CHIP.
                                               (or, if applicable, under section 1905(ff)) and,
                                                                                                       ments):
                                               if applicable, increased under subsection (y),                                                                   (a) COVERAGE.—
                                                                                                         (1) SUPPLEMENT, NOT SUPPLANT.—The State
                                               (z), (aa), or (ii) of section 1905 of such Act (42                                                               (1) IN GENERAL.—Section 2103(c) of the So-
                                                                                                       shall use the Federal funds attributable to
                                               U.S.C. 1396d), section 1915(k) of such Act (42                                                                 cial Security Act (42 U.S.C. 1397cc(c)) is
                                                                                                       the increase under subsection (a) to supple-
                                               U.S.C. 1396n(k)), or section 6008(a) of the                                                                    amended by adding at the end the following
                                                                                                       ment, and not supplant, the level of State
                                               Families First Coronavirus Response Act                                                                        paragraph:
                                                                                                       funds expended for home and community-
                                               (Public Law 116–127), shall be increased by                                                                      ‘‘(11) REQUIRED COVERAGE OF COVID–19 VAC-
                                                                                                       based services for eligible individuals
                                               7.35 percentage points with respect to ex-                                                                     CINES AND TREATMENT.—Regardless of the
                                                                                                       through programs in effect as of April 1, 2021.
                                               penditures of the State under the State Med-                                                                   type of coverage elected by a State under
                                                                                                         (2) REQUIRED IMPLEMENTATION OF CERTAIN
                                               icaid program for home and community-                                                                          subsection (a), the child health assistance
                                                                                                       ACTIVITIES.—The State shall implement, or
                                               based services (as defined in paragraph                                                                        provided for a targeted low-income child,
                                                                                                       supplement the implementation of, one or
                                               (2)(B)) that are provided during the HCBS                                                                      and, in the case of a State that elects to pro-
                                                                                                       more activities to enhance, expand, or
                                               program improvement period (as defined in                                                                      vide pregnancy-related assistance pursuant
                                                                                                       strengthen home and community-based serv-
                                               paragraph (2)(A)). In no case may the appli-                                                                   to section 2112, the pregnancy-related assist-
                                                                                                       ices under the State Medicaid program.
                                               cation of the previous sentence result in the                                                                  ance provided for a targeted low-income
                                                                                                       SEC. 9818. FUNDING FOR STATE STRIKE TEAMS
                                               Federal medical assistance percentage deter-                        FOR RESIDENT AND EMPLOYEE                  pregnant woman (as such terms are defined
                                               mined for a State being more than 95 percent                        SAFETY IN NURSING FACILITIES.              for purposes of such section), shall include
                                               with respect to such expenditures. Any pay-               Section 1919 of the Social Security Act (42          coverage, during the period beginning on the
                                               ment made to Puerto Rico, the Virgin Is-                U.S.C. 1396r) is amended by adding at the end          date of the enactment of this paragraph and
                                               lands, Guam, the Northern Mariana Islands,              the following new subsection:                          ending on the last day of the first calendar
                                               or American Samoa for expenditures on med-                ‘‘(k) FUNDING FOR STATE STRIKE TEAMS.—               quarter that begins one year after the last
                                               ical assistance that are subject to the Fed-            In addition to amounts otherwise available,            day of the emergency period described in sec-
                                               eral medical assistance percentage increase             there is appropriated to the Secretary, out of         tion 1135(g)(1)(B), of—




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                                               specified under the first sentence of this              any monies in the Treasury not otherwise                 ‘‘(A) a COVID–19 vaccine (and the adminis-
                                               paragraph shall not be taken into account               appropriated, $250,000,000, to remain avail-           tration of the vaccine); and
                                               for purposes of applying payment limits                 able until expended, for purposes of allo-               ‘‘(B) testing and treatments for COVID-19,
                                               under subsections (f) and (g) of section 1108           cating such amount among the States (in-               including specialized equipment and thera-
                                               of the Social Security Act (42 U.S.C. 1308).            cluding the District of Columbia and each              pies (including preventive therapies), and, in
                                                 (2) DEFINITIONS.—In this section:                     territory of the United States) for such a             the case of an individual who is diagnosed
                                                 (A) HCBS PROGRAM IMPROVEMENT PERIOD.—                 State to establish and implement a strike              with or presumed to have COVID–19, during
                                               The term ‘‘HCBS program improvement pe-                 team that will be deployed to a nursing facil-         the period during which such individual has




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                                               March 4, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                     S1111
                                               (or is presumed to have) COVID–19, the treat-           SEC. 9822. MODIFICATIONS TO CERTAIN COV-               State in which there are no rural areas (as
                                               ment of a condition that may seriously com-                        ERAGE UNDER CHIP FOR PREGNANT               defined in paragraph (2)(D)) or a State in
                                                                                                                  AND POSTPARTUM WOMEN.
                                               plicate the treatment of COVID–19, if other-                                                                   which there are no hospitals classified as
                                               wise covered under the State child health                 (a) MODIFICATIONS TO COVERAGE.—                      rural under this section.’’.
                                                                                                         (1) IN GENERAL.—Section 2107(e)(1) of the
                                               plan (or waiver of such plan).’’.                                                                                 (b) WAIVING BUDGET NEUTRALITY.—Section
                                                                                                       Social Security Act (42 U.S.C. 1397gg(e)(1)) is
                                                  (2) PROHIBITION OF COST SHARING.—Section                                                                    1886(d)(3)(E)(i) of the Social Security Act (42
                                                                                                       amended—
                                               2103(e)(2) of the Social Security Act (42                                                                      U.S.C. 1395ww(d)(3)(E)(i)) is amended, in the
                                                                                                         (A) by redesignating subparagraphs (J)
                                               U.S.C. 1397cc(e)(2)), as amended by section                                                                    fifth sentence—
                                                                                                       through (S) as subparagraphs (K) through
                                               6004(b)(3) of the Families First Coronavirus                                                                      (1) by striking ‘‘and the amendments’’ and
                                                                                                       (T), respectively; and
                                               Response Act, is amended—                                                                                      inserting ‘‘, the amendments’’; and
                                                                                                         (B) by inserting after subparagraph (I) the
                                                  (A) in the paragraph header, by inserting            following new subparagraph:                               (2) by inserting ‘‘, and the amendments
                                               ‘‘A COVID–19 VACCINE, COVID–19 TREATMENT,’’               ‘‘(J) Paragraphs (5) and (16) of section             made by section 9831(a) of the American Res-
                                               before ‘‘OR PREGNANCY-RELATED ASSISTANCE’’;             1902(e) (relating to the State option to pro-          cue Plan Act of 2021’’ after ‘‘Care Act’’.
                                               and                                                     vide medical assistance consisting of full             SEC. 9832. SECRETARIAL AUTHORITY TO TEMPO-
                                                  (B) by striking ‘‘visits described in section        benefits during pregnancy and throughout                           RARILY WAIVE OR MODIFY APPLICA-
                                               1916(a)(2)(G), or’’ and inserting ‘‘services de-        the 12-month postpartum period under title                         TION OF CERTAIN MEDICARE RE-
                                               scribed in section 1916(a)(2)(G), vaccines de-                                                                             QUIREMENTS WITH RESPECT TO AM-
                                                                                                       XIX), if the State provides child health as-                       BULANCE   SERVICES   FURNISHED
                                               scribed in section 1916(a)(2)(H) administered           sistance for targeted low-income children                          DURING CERTAIN EMERGENCY PE-
                                               during the period described in such section             who are pregnant or to targeted low-income                         RIODS.
                                               (and the administration of such vaccines),              pregnant women and the State has elected to
                                               testing or treatments described in section                                                                       (a) WAIVER AUTHORITY.—Section 1135(b) of
                                                                                                       apply such paragraph (16) with respect to              the Social Security Act (42 U.S.C. 1320b–5(b))
                                               1916(a)(2)(I) furnished during the period de-           pregnant women under title XIX, the provi-
                                               scribed in such section, or’’.                                                                                 is amended—
                                                                                                       sion of assistance under the State child                 (1) in the first sentence—
                                                 (b) TEMPORARY INCREASE IN FEDERAL PAY-                health plan or waiver for targeted low-in-               (A) in paragraph (7), by striking ‘‘and’’ at
                                               MENTS FOR COVERAGE AND ADMINISTRATION OF                come children or targeted low-income preg-             the end;
                                               COVID–19 VACCINES.—Section 2105(c) of the               nant women during pregnancy and the 12-                  (B) in paragraph (8), by striking the period
                                               Social Security Act (42 U.S.C. 1397ee(c)) is            month postpartum period shall be required              at the end and inserting ‘‘; and’’; and
                                                                                                       and not at the option of the State and shall             (C) by inserting after paragraph (8) the fol-
                                               amended by adding at the end the following
                                                                                                       include coverage of all items or services pro-         lowing new paragraph:
                                               new paragraph:                                          vided to a targeted low-income child or tar-
                                                 ‘‘(12) TEMPORARY ENHANCED PAYMENT FOR                                                                          ‘‘(9) any requirement under section
                                                                                                       geted low-income pregnant woman (as appli-             1861(s)(7) or section 1834(l) that an ambulance
                                               COVERAGE AND ADMINISTRATION OF COVID–19                 cable) under the State child health plan or
                                               VACCINES.—During the period described in                                                                       service include the transport of an individual
                                                                                                       waiver).’’.                                            to the extent necessary to allow payment for
                                               section 1905(hh)(2), notwithstanding sub-                 (2) OPTIONAL COVERAGE OF TARGETED LOW-
                                               section (b), the enhanced FMAP for a State,                                                                    ground ambulance services furnished in re-
                                                                                                       INCOME        PREGNANT         WOMEN.—Section          sponse to a 911 call (or the equivalent in
                                               with respect to payments under subsection               2112(d)(2)(A) of the Social Security Act (42
                                               (a) for expenditures under the State child                                                                     areas without a 911 call system) in cases in
                                                                                                       U.S.C. 1397ll(d)(2)(A)) is amended by insert-          which an individual would have been trans-
                                               health plan (or a waiver of such plan) for a            ing after ‘‘60-day period’’ the following: ‘‘, or,
                                               vaccine described in section 1905(a)(4)(E) (and                                                                ported to a destination permitted under
                                                                                                       in the case that subparagraph (A) of section           Medicare regulations (as described in section
                                               the administration of such a vaccine), shall            1902(e)(16) applies to the State child health
                                               be equal to 100 percent.’’.                                                                                    410.40 to title 42, Code of Federal Regulations
                                                                                                       plan (or waiver of such plan), pursuant to             (or successor regulations)) but such trans-
                                                  (c) ADJUSTMENT OF CHIP ALLOTMENTS.—                  section 2107(e)(1), the 12-month period,’’.            port did not occur as a result of community-
                                               Section 2104(m) of the Social Security Act                (b) EFFECTIVE DATE.—The amendments                   wide emergency medical service (EMS) pro-
                                                                                                       made by subsection (a), shall apply with re-
                                               (42 U.S.C. 1397dd(m)) is amended—                                                                              tocols due to the public health emergency
                                                                                                       spect to State elections made under para-
                                                  (1) in paragraph (2)(B), in the matter pre-                                                                 described in subsection (g)(1)(B).’’; and
                                                                                                       graph (16) of section 1902(e) of the Social Se-
                                               ceding clause (i), by striking ‘‘paragraphs (5)                                                                  (2) in the flush matter at the end, by add-
                                                                                                       curity Act (42 U.S.C. 1396a(e)), as added by
                                               and (7)’’ and inserting ‘‘paragraphs (5), (7),                                                                 ing at the end the following: ‘‘Ground ambu-
                                                                                                       section 9812(a) of subtitle J of this title, dur-
                                               and (12)’’; and                                         ing the 5-year period beginning on the 1st             lance services for which payment is made
                                                  (2) by adding at the end the following new           day of the 1st fiscal year quarter that begins         pursuant to paragraph (9) shall be paid at the
                                               paragraph:                                              one year after the date of the enactment of            base rate that would have been paid under
                                                  ‘‘(12) ADJUSTING ALLOTMENTS TO ACCOUNT               this Act.                                              the fee schedule established under 1834(l) (ex-
                                               FOR INCREASED FEDERAL PAYMENTS FOR COV-                                                                        cluding any mileage payment) if the indi-
                                                                                                                     Subtitle L—Medicare
                                               ERAGE AND ADMINISTRATION OF COVID–19 VAC-                                                                      vidual had been so transported and, with re-
                                                                                                       SEC. 9831. FLOOR ON THE MEDICARE AREA WAGE             spect to ambulance services furnished by a
                                               CINES.—If a State, commonwealth, or terri-
                                                                                                                    INDEX FOR HOSPITALS IN ALL-
                                               tory receives payment for a fiscal year (be-                         URBAN STATES.
                                                                                                                                                              critical access hospital or an entity de-
                                               ginning with fiscal year 2021) under sub-                 (a) IN GENERAL.—Section 1886(d)(3)(E) of             scribed in paragraph (8) of such section, at
                                               section (a) of section 2105 for expenditures            the     Social   Security    Act   (42    U.S.C.       the amount that otherwise would be paid
                                               that are subject to the enhanced FMAP spec-             1395ww(d)(3)(E)) is amended—                           under such paragraph.’’.
                                               ified under subsection (c)(12) of such section,           (1) in clause (i), in the first sentence, by           (b) EMERGENCY PERIOD EXCEPTION.—Sec-
                                               the amount of the allotment determined for              striking ‘‘or (iii)’’ and inserting ‘‘, (iii), or      tion 1135(g)(1)(B) of the Social Security Act
                                               the State, commonwealth, or territory under             (iv)’’; and                                            (42 U.S.C. 1320b–5(g)(1)(B)) is amended, in the
                                               this subsection—                                          (2) by adding at the end the following new           matter preceding clause (i), by striking ‘‘sub-
                                                  ‘‘(A) for such fiscal year shall be increased        clause:                                                section (b)(8)’’ and inserting ‘‘paragraphs (8)
                                               by the projected expenditures for such year               ‘‘(iv) FLOOR ON AREA WAGE INDEX FOR HOS-             and (9) of subsection (b)’’.
                                               by the State, commonwealth, or territory                PITALS IN ALL-URBAN STATES.—                           SEC. 9833. FUNDING FOR OFFICE OF INSPECTOR
                                               under the State child health plan (or a waiv-             ‘‘(I) IN GENERAL.—For discharges occurring                       GENERAL.
                                               er of such plan) for vaccines described in sec-         on or after October 1, 2021, the area wage               In addition to amounts otherwise avail-
                                               tion 1905(a)(4)(E) (and the administration of           index applicable under this subparagraph to            able, there is appropriated to the inspector
                                               such vaccines); and                                     any hospital in an all-urban State (as defined         general of the Department of Health and
                                                  ‘‘(B) once actual expenditures are available         in subclause (IV)) may not be less than the            Human Services for fiscal year 2021, out of
                                               in the subsequent fiscal year, the fiscal year          minimum area wage index for the fiscal year            any money in the Treasury not otherwise ap-
                                               allotment that was adjusted by the amount               for hospitals in that State, as established            propriated, $5,000,000, to remain available
                                               described in subparagraph (A) shall be ad-              under subclause (II).                                  until expended, for oversight of activities
                                               justed on the basis of the difference be-                 ‘‘(II) MINIMUM AREA WAGE INDEX.—For pur-             supported with funds appropriated to the De-
                                               tween—                                                  poses of subclause (I), the Secretary shall es-        partment of Health and Human Services to
                                                  ‘‘(i) such projected amount of expenditures          tablish a minimum area wage index for a fis-           prevent, prepare for, and respond to
                                               described in subparagraph (A) for such fiscal           cal year for hospitals in each all-urban State         coronavirus 2019 or COVID–19, domestically
                                               year described in such subparagraph by the              using the methodology described in section




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                                                                                                                                                              or internationally.
                                               State, commonwealth, or territory; and                  412.64(h)(4)(vi) of title 42, Code of Federal
                                                                                                                                                                Subtitle M—Coronavirus State and Local
                                                  ‘‘(ii) the actual amount of expenditures for         Regulations, as in effect for fiscal year 2018.
                                                                                                                                                                         Fiscal Recovery Funds
                                               such fiscal year described in subparagraph                ‘‘(III) WAIVING BUDGET NEUTRALITY.—Pur-
                                               (A) by the State, commonwealth, or terri-               suant to the fifth sentence of clause (i), this        SEC. 9901. CORONAVIRUS STATE AND LOCAL FIS-
                                               tory under the State child health plan (or              clause shall not be applied in a budget neu-                       CAL RECOVERY FUNDS.
                                               waiver of such plan) for vaccines described in          tral manner.                                             (a) IN GENERAL.—Title VI of the Social Se-
                                               section 1905(a)(4)(E) (and the administration             ‘‘(IV) ALL-URBAN STATE DEFINED.—In this              curity Act (42 U.S.C. 801 et seq.) is amended
                                               of such vaccines).’’.                                   clause, the term ‘all-urban State’ means a             by adding at the end the following:




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                                               S1112                                             CONGRESSIONAL RECORD — SENATE                                                           March 4, 2021
                                               ‘‘SEC. 602. CORONAVIRUS STATE FISCAL RECOV-             of Columbia over the 3-month period ending             or aid to impacted industries such as tour-
                                                            ERY FUND.                                  with December 2020 bears to the average esti-          ism, travel, and hospitality;
                                                  ‘‘(a)   APPROPRIATION.—In   addition  to             mated number of seasonally-adjusted unem-                ‘‘(B) for the provision of government serv-
                                               amounts otherwise available, there is appro-            ployed individuals in all of the 50 States and         ices to the extent of the reduction in revenue
                                               priated for fiscal year 2021, out of any money          the District of Columbia over the same pe-             of such State, territory, or Tribal govern-
                                               in the Treasury not otherwise appropriated—             riod.                                                  ment due to such emergency; or
                                                 ‘‘(1) $219,800,000,000, to remain available             ‘‘(C) PAYMENT.—                                        ‘‘(C) to make necessary investments in
                                               through December 31, 2024, for making pay-                ‘‘(i) IN GENERAL.—Subject to clause (ii), the        water, sewer, or broadband infrastructure.
                                               ments under this section to States, terri-              Secretary shall pay each of the 50 States and            ‘‘(2) FURTHER RESTRICTION ON USE OF
                                               tories, and Tribal governments to mitigate              the District of Columbia, from the amount              FUNDS.—
                                               the fiscal effects stemming from the public             reserved under subparagraph (A), the total of            ‘‘(A) IN GENERAL.—A State or territory
                                               health emergency with respect to the                    the amounts allocated for the State and Dis-           shall not use the funds provided under this
                                               Coronavirus Disease (COVID–19); and                     trict of Columbia under subparagraph (B) in            section or transferred pursuant to section
                                                 ‘‘(2) $50,000,000, to remain available until          accordance with paragraph (6).                         603(c)(4) to either directly or indirectly offset
                                               expended, for the costs of the Secretary for              ‘‘(ii) MINIMUM PAYMENT REQUIREMENT.—                 a reduction in the net tax revenue of such
                                               administration of the funds established                   ‘‘(I) IN GENERAL.—The sum of—                        State or territory resulting from a change in
                                               under this title.                                         ‘‘(aa) the total amounts allocated for 1 of          law, regulation, or administrative interpre-
                                                 ‘‘(b) AUTHORITY TO MAKE PAYMENTS.—                    the 50 States or the District of Columbia              tation during the covered period that re-
                                                 ‘‘(1) PAYMENTS TO TERRITORIES.—                       under subparagraph (B) (as determined with-
                                                 ‘‘(A) IN GENERAL.—The Secretary shall re-                                                                    duces any tax (by providing for a reduction
                                                                                                       out regard to this clause); and                        in a rate, a rebate, a deduction, a credit, or
                                               serve $4,500,000,000 of the amount appro-                 ‘‘(bb) the amounts allocated under section
                                               priated under subsection (a)(1) to make pay-                                                                   otherwise) or delays the imposition of any
                                                                                                       603 to the State (for distribution by the              tax or tax increase.
                                               ments to the territories.                               State to nonentitlement units of local gov-
                                                 ‘‘(B) ALLOCATION.—Of the amount reserved                                                                       ‘‘(B) PENSION FUNDS.—No State or territory
                                                                                                       ernment in the State) and to metropolitan              may use funds made available under this sec-
                                               under subparagraph (A)—                                 cities and counties in the State;
                                                 ‘‘(i) 50 percent of such amount shall be al-                                                                 tion for deposit into any pension fund.
                                                                                                       shall not be less than the amount paid to the            ‘‘(3) TRANSFER AUTHORITY.—A State, terri-
                                               located by the Secretary equally to each ter-           State or District of Columbia for fiscal year
                                               ritory; and                                                                                                    tory, or Tribal government receiving a pay-
                                                                                                       2020 under section 601.                                ment from funds made available under this
                                                 ‘‘(ii) 50 percent of such amount shall be al-           ‘‘(II) PRO RATA ADJUSTMENT.—The Sec-
                                               located by the Secretary as an additional                                                                      section may transfer funds to a private non-
                                                                                                       retary shall adjust on a pro rata basis the            profit organization (as that term is defined
                                               amount to each territory in an amount                   amount of the allocations for each of the 50
                                               which bears the same proportion to 1⁄2 of the                                                                  in paragraph (17) of section 401 of the McKin-
                                                                                                       States and the District of Columbia deter-             ney-Vento Homeless Assistance Act (42
                                               total amount reserved under subparagraph                mined under subparagraph (B)(iii) (without
                                               (A) as the population of the territory bears                                                                   U.S.C. 11360(17)), a Tribal organization (as
                                                                                                       regard to this clause) to the extent necessary         that term is defined in section 4 of the In-
                                               to the total population of all such terri-              to comply with the requirement of subclause
                                               tories.                                                                                                        dian Self-Determination and Education As-
                                                                                                       (I).
                                                 ‘‘(C) PAYMENT.—The Secretary shall pay                                                                       sistance Act (25 U.S.C. 5304)), a public benefit
                                                                                                         ‘‘(4) PRO RATA ADJUSTMENT AUTHORITY.—
                                               each territory the total of the amounts allo-                                                                  corporation involved in the transportation of
                                                                                                       The amounts otherwise determined for allo-
                                               cated for the territory under subparagraph                                                                     passengers or cargo, or a special-purpose
                                                                                                       cation and payment under paragraphs (1), (2),
                                               (B) in accordance with paragraph (6).                                                                          unit of State or local government.
                                                                                                       and (3) may be adjusted by the Secretary on
                                                 ‘‘(2) PAYMENTS TO TRIBAL GOVERNMENTS.—                a pro rata basis to the extent necessary to              ‘‘(d) CERTIFICATIONS AND REPORTS.—
                                                 ‘‘(A) IN GENERAL.—The Secretary shall re-             ensure that all available funds are allocated            ‘‘(1) IN GENERAL.—In order for a State or
                                               serve $20,000,000,000 of the amount appro-              to States, territories, and Tribal govern-             territory to receive a payment under this
                                               priated under subsection (a)(1) to make pay-            ments in accordance with the requirements              section, or a transfer of funds under section
                                               ments to Tribal governments.                            specified in each such paragraph (as applica-          603(c)(4), the State or territory shall provide
                                                 ‘‘(B) ALLOCATION.—Of the amount reserved              ble).                                                  the Secretary with a certification, signed by
                                               under subparagraph (A)—                                   ‘‘(5) POPULATION DATA.—For purposes of de-           an authorized officer of such State or terri-
                                                 ‘‘(i) $1,000,000,000 shall be allocated by the        termining allocations for a territory under            tory, that such State or territory requires
                                               Secretary equally among each of the Tribal              this section, the population of the territory          the payment or transfer to carry out the ac-
                                               governments; and                                        shall be determined based on the most recent           tivities specified in subsection (c) of this sec-
                                                 ‘‘(ii) $19,000,000,000 shall be allocated by the      data available from the Bureau of the Cen-             tion and will use any payment under this
                                               Secretary to the Tribal governments in a                sus.                                                   section, or transfer of funds under section
                                               manner determined by the Secretary.                       ‘‘(6) TIMING.—                                       603(c)(4), in compliance with subsection (c) of
                                                 ‘‘(C) PAYMENT.— The Secretary shall pay                 ‘‘(A) IN GENERAL.—To the extent prac-                this section
                                               each Tribal government the total of the                 ticable, with respect to each State and terri-           ‘‘(2) REPORTING.—Any State, territory, or
                                               amounts allocated for the Tribal government             tory allocated a payment under this sub-               Tribal government receiving a payment
                                               under subparagraph (B) in accordance with               section, the Secretary shall make the pay-             under this section shall provide to the Sec-
                                               paragraph (6).                                          ment required for the State or territory not           retary periodic reports providing a detailed
                                                 ‘‘(3) PAYMENTS TO EACH OF THE 50 STATES               later than 60 days after the date on which             accounting of—
                                               AND THE DISTRICT OF COLUMBIA.—                          the certification required under subsection              ‘‘(A) the uses of funds by such State, terri-
                                                 ‘‘(A) IN GENERAL.—The Secretary shall re-             (d)(1) is provided to the Secretary.                   tory, or Tribal government, including, in the
                                               serve $195,300,000,000 of the amount appro-               ‘‘(B) TRIBAL GOVERNMENTS.—To the extent              case of a State or a territory, all modifica-
                                               priated under subsection (a)(1) to make pay-            practicable, with respect to each Tribal gov-          tions to the State’s or territory’s tax rev-
                                               ments to each of the 50 States and the Dis-             ernment for which an amount is allocated               enue sources during the covered period; and
                                               trict of Columbia.                                      under this subsection, the Secretary shall               ‘‘(B) such other information as the Sec-
                                                 ‘‘(B) ALLOCATIONS.—Of the amount re-                  make the payment required for the Tribal               retary may require for the administration of
                                               served under subparagraph (A)—                          government not later than 60 days after the            this section.
                                                 ‘‘(i) $25,500,000,000 of such amount shall be         date of enactment of this section.                       ‘‘(e) RECOUPMENT.—Any State, territory, or
                                               allocated by the Secretary equally among                  ‘‘(C) INITIAL PAYMENT TO DISTRICT OF CO-             Tribal government that has failed to comply
                                               each of the 50 States and the District of Co-           LUMBIA.—The      Secretary shall pay the               with subsection (c) shall be required to repay
                                               lumbia;                                                 amount allocated under paragraph (3)(B)(ii)            to the Secretary an amount equal to the
                                                 ‘‘(ii) an amount equal to $1,250,000,000 less         to the District of Columbia not later than 15          amount of funds used in violation of such
                                               the amount allocated for the District of Co-            days after the date of enactment of this sec-          subsection, provided that, in the case of a
                                               lumbia pursuant to section 601(c)(6) shall be           tion.                                                  violation of subsection (c)(2)(A), the amount
                                               allocated by the Secretary as an additional               ‘‘(c) REQUIREMENTS.—                                 the State or territory shall be required to
                                               amount to the District of Columbia; and                   ‘‘(1) USE OF FUNDS.—Subject to paragraph             repay shall be lesser of—
                                                 ‘‘(iii) an amount equal to the remainder of           (2), and except as provided in paragraph (3),            ‘‘(1) the amount of the applicable reduction
                                               the amount reserved under subparagraph (A)              a State, territory, or Tribal government               to net tax revenue attributable to such vio-
                                               after the application of clauses (i) and (ii) of        shall only use the funds provided under a              lation; and
                                               this subparagraph shall be allocated by the             payment made under this section, or trans-               ‘‘(2) the amount of funds received by such




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                                               Secretary as an additional amount to each of            ferred pursuant to section 603(c)(4), to cover         State or territory pursuant to a payment
                                               the 50 States and the District of Columbia in           costs incurred by the State, territory, or             made under this section or a transfer made
                                               an amount which bears the same proportion               Tribal government, by December 31, 2024—               under section 603(c)(4).
                                               to such remainder as the average estimated                ‘‘(A) to respond to the public health emer-            ‘‘(f) REGULATIONS.—The Secretary shall
                                               number of seasonally-adjusted unemployed                gency with respect to the Coronavirus Dis-             have the authority to issue such regulations
                                               individuals (as measured by the Bureau of               ease 2019 (COVID–19) or its negative eco-              as may be necessary or appropriate to carry
                                               Labor Statistics Local Area Unemployment                nomic impacts, including assistance to                 out this section.
                                               Statistics program) in the State or District            households, small businesses, and nonprofits,            ‘‘(g) DEFINITIONS.—In this section:




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                                               March 4, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                     S1113
                                                 ‘‘(1) COVERED PERIOD.—The term ‘covered               ment in the State an amount that bears the               ‘‘(A) AMOUNT.—From the amount appro-
                                               period’ means, with respect to a State, terri-          same proportion to the amount of such pay-             priated under subsection (a), the Secretary
                                               tory, or Tribal government, the period that—            ment as the population of the nonentitle-              shall reserve and allocate $60,100,000,000 of
                                                 ‘‘(A) begins on March 3, 2021; and                    ment unit of local government bears to the             such amount to make payments directly to
                                                 ‘‘(B) ends on the last day of the fiscal year         total population of all the nonentitlement             counties in an amount which bears the same
                                               of such State, territory, or Tribal govern-             units of local government in the State, sub-           proportion to the total amount reserved
                                               ment in which all funds received by the                 ject to clause (iii).                                  under this paragraph as the population of
                                               State, territory, or Tribal government from               ‘‘(ii) DISTRIBUTION OF FUNDS.—                       each such county bears to the total popu-
                                               a payment made under this section or a                    ‘‘(I) EXTENSION FOR DISTRIBUTION.—If an              lation of all such entities and shall pay such
                                               transfer made under section 603(c)(4) have              authorized officer of a State required to              allocated amounts to such counties in ac-
                                               been expended or returned to, or recovered              make distributions under clause (i) certifies          cordance with paragraph (7).
                                               by, the Secretary.                                      in writing to the Secretary before the end of            ‘‘(B) SPECIAL RULES.—
                                                 ‘‘(2) SECRETARY.—The term ‘Secretary’                 the 30-day distribution period described in              ‘‘(i) URBAN COUNTIES.—No county that is an
                                               means the Secretary of the Treasury.                    such clause that it would constitute an ex-            ‘urban county’ (as defined in section 102 of
                                                 ‘‘(3) STATE.—The term ‘State’ means each              cessive administrative burden for the State            the Housing and Community Development
                                               of the 50 States and the District of Columbia.          to meet the terms of such clause with re-              Act of 1974 (42 U.S.C. 5302)) shall receive less
                                                 ‘‘(4) TERRITORY.—The term ‘territory’                 spect to 1 or more such distributions, the au-         than the amount the county would otherwise
                                               means the Commonwealth of Puerto Rico,                  thorized officer may request, and the Sec-             receive if the amount paid under this para-
                                               the United States Virgin Islands, Guam, the             retary shall grant, an extension of such pe-           graph were allocated to metropolitan cities
                                               Commonwealth of the Northern Mariana Is-                riod of not more than 30 days to allow the             and urban counties under section 106(b) of
                                               lands, and American Samoa.                              State to make such distributions in accord-            the Housing and Community Development
                                                 ‘‘(5) TRIBAL GOVERNMENT.—The term ‘Trib-              ance with clause (i).                                  Act of 1974 (42 U.S.C. 5306(b)).
                                               al Government’ means the recognized gov-                  ‘‘(II) ADDITIONAL EXTENSIONS.—                         ‘‘(ii) COUNTIES THAT ARE NOT UNITS OF GEN-
                                               erning body of any Indian or Alaska Native                ‘‘(aa) IN GENERAL.—If a State has been               ERAL LOCAL GOVERNMENT.—In the case of an
                                               tribe, band, nation, pueblo, village, commu-            granted an extension to the distribution pe-           amount to be paid to a county that is not a
                                               nity, component band, or component res-                 riod under subclause (I) but is unable to              unit of general local government, the
                                               ervation, individually identified (including            make all the distributions required under              amount shall instead be paid to the State in
                                               parenthetically) in the list published most             clause (i) before the end of such period as ex-        which such county is located, and such State
                                               recently as of the date of enactment of this            tended, an authorized officer of the State             shall distribute such amount to each unit of
                                               Act pursuant to section 104 of the Federally            may request an additional extension of the             general local government within such county
                                               Recognized Indian Tribe List Act of 1994 (25            distribution period of not more than 30 days.          in an amount that bears the same proportion
                                               U.S.C. 5131).                                           The Secretary may grant a request for an ad-           to the amount to be paid to such county as
                                               ‘‘SEC. 603. CORONAVIRUS LOCAL FISCAL RECOV-             ditional extension of such period only if—             the population of such units of general local
                                                            ERY FUND.                                    ‘‘(AA) the authorized officer making such            government bears to the total population of
                                                  ‘‘(a)   APPROPRIATION.—In   addition  to             request provides a written plan to the Sec-            such county.
                                               amounts otherwise available, there is appro-            retary specifying, for each distribution for             ‘‘(iii) DISTRICT OF COLUMBIA.—For purposes
                                               priated for fiscal year 2021, out of any money          which an additional extension is requested,            of this paragraph, the District of Columbia
                                               in the Treasury not otherwise appropriated,             when the State expects to make such dis-               shall be considered to consist of a single
                                               $120,200,000,000, to remain available through           tribution and the actions the State has                county that is a unit of general local govern-
                                               December 31, 2024, for making payments                  taken and will take in order to make all               ment.
                                               under this section to metropolitan cities,              such distributions before the end of the dis-            ‘‘(4) CONSOLIDATED GOVERNMENTS.—A unit
                                               nonentitlement units of local government,               tribution period (as extended under sub-               of general local government that has formed
                                               and counties to mitigate the fiscal effects             clause (I) and this subclause); and                    a consolidated government, or that is geo-
                                               stemming from the public health emergency                 ‘‘(BB) the Secretary determines that such            graphically contained (in full or in part)
                                               with respect to the Coronavirus Disease                 plan is reasonably designed to distribute all          within the boundaries of another unit of gen-
                                               (COVID–19).                                             such funds to nonentitlement units of local            eral local government may receive a dis-
                                                 ‘‘(b) AUTHORITY TO MAKE PAYMENTS.—                    government by the end of the distribution              tribution under each of paragraphs (1), (2),
                                                 ‘‘(1) METROPOLITAN CITIES.—                           period (as so extended).                               and (3), as applicable, based on the respective
                                                 ‘‘(A) IN GENERAL.—Of the amount appro-                  ‘‘(bb) FURTHER ADDITIONAL EXTENSIONS.—If             formulas specified in such paragraphs.
                                               priated under subsection (a), the Secretary             a State granted an additional extension of               ‘‘(5) PRO RATA ADJUSTMENT AUTHORITY.—
                                               shall reserve $42,070,000,000 to make pay-              the distribution period under item (aa) re-            The amounts otherwise determined for allo-
                                               ments to metropolitan cities.                           quires any further additional extensions of            cation and payment under paragraphs (1), (2),
                                                 ‘‘(B) ALLOCATION AND PAYMENT.—From the                such period, the request only may be made              and (3) may be adjusted by the Secretary on
                                               amount reserved under subparagraph (A), the             and granted subject to the requirements                a pro rata basis to the extent necessary to
                                               Secretary shall allocate and, in accordance             specified in item (aa).                                ensure that all available funds are distrib-
                                               with paragraph (7), pay to each metropolitan              ‘‘(iii) CAPPED AMOUNT.—The total amount              uted to metropolitan cities, counties, and
                                               city an amount determined for the metro-                distributed to a nonentitlement unit of local          States in accordance with the requirements
                                               politan city consistent with the formula                government under this paragraph may not                specified in each paragraph (as applicable)
                                               under section 106(b) of the Housing and Com-            exceed the amount equal to 75 percent of the           and the certification requirement specified
                                               munity Development Act of 1974 (42 U.S.C.               most recent budget for the nonentitlement              in subsection (d).
                                               5306(b)), except that, in applying such for-            unit of local government as of January 27,               ‘‘(6) POPULATION.—For purposes of deter-
                                               mula, the Secretary shall substitute ‘all               2020.                                                  mining allocations under this section, the
                                               metropolitan cities’ for ‘all metropolitan                ‘‘(iv) RETURN OF EXCESS AMOUNTS.—Any                 population of an entity shall be determined
                                               areas’ each place it appears.                           amounts not distributed to a nonentitlement            based on the most recent data are available
                                                 ‘‘(2) NONENTITLEMENT UNITS OF LOCAL GOV-              unit of local government as a result of the            from the Bureau of the Census or, if not
                                               ERNMENT.—                                               application of clause (iii) shall be returned          available, from such other data as a State
                                                 ‘‘(A) IN GENERAL.—Of the amount appro-                to the Secretary.                                      determines appropriate.
                                               priated under subsection (a), the Secretary               ‘‘(D) PENALTY FOR NONCOMPLIANCE.—If, by                ‘‘(7) TIMING.—
                                               shall reserve $18,030,000,000 to make pay-              the end of the 120-day period that begins on             ‘‘(A) FIRST TRANCHE AMOUNT.—To the ex-
                                               ments to States for distribution by the State           the date a State receives a payment from the           tent practicable, with respect to each metro-
                                               to nonentitlement units of local government             amount allocated under subparagraph (B) or,            politan city for which an amount is allocated
                                               in the State.                                           if later, the last day of the distribution pe-         under paragraph (1), each State for which an
                                                 ‘‘(B) ALLOCATION AND PAYMENT.—From the                riod for the State (as extended with respect           amount is allocated under paragraph (2) for
                                               amount reserved under subparagraph (A), the             to the State under subparagraph (C)(ii)),              distribution to nonentitlement units of local
                                               Secretary shall allocate and, in accordance             such State has failed to make all the dis-             government, and each county for which an
                                               with paragraph (7), pay to each State an                tributions from such payment in accordance             amount is allocated under paragraph (3), the
                                               amount which bears the same proportion to               with the terms of subparagraph (C) (includ-            Secretary shall pay from such allocation the
                                               such reserved amount as the total popu-                 ing any extensions of the distribution period          First Tranche Amount for such city, State,
                                               lation of all nonentitlement units of local             granted in accordance with such subpara-               or county not later than 60 days after the
                                               government in the State bears to the total              graph), an amount equal to the amount of               date of enactment of this section.




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                                               population of all nonentitlement units of               such payment that remains undistributed as               ‘‘(B) SECOND TRANCHE AMOUNT.—The Sec-
                                               local government in all such States.                    of such date shall be booked as a debt of such         retary shall pay to each metropolitan city
                                                 ‘‘(C) DISTRIBUTION TO NONENTITLEMENT                  State owed to the Federal Government, shall            for which an amount is allocated under para-
                                               UNITS OF LOCAL GOVERNMENT.—                             be paid back from the State’s allocation pro-          graph (1), each State for which an amount is
                                                 ‘‘(i) IN GENERAL.—Not later than 30 days              vided under section 602(b)(3)(B)(iii), and shall       allocated under paragraph (2) for distribu-
                                               after a State receives a payment under sub-             be deposited into the general fund of the              tion to nonentitlement units of local govern-
                                               paragraph (B), the State shall distribute to            Treasury.                                              ment, and each county for which an amount
                                               each nonentitlement unit of local govern-                 ‘‘(3) COUNTIES.—                                     is allocated under paragraph (3), the Second




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                                               S1114                                             CONGRESSIONAL RECORD — SENATE                                                          March 4, 2021
                                               Tranche Amount for such city, State, or                 city, nonentitlement unit of local govern-             State of Hawaii (in addition to the amount
                                               county not earlier than 12 months after the             ment, or county under this section have been           paid to the State of Hawaii under subpara-
                                               date on which the First Tranche Amount is               expended or returned to, or recovered by, the          graph (A)), of which—
                                               paid to the city, State, or county.                     Secretary.                                               ‘‘(i) not less than $50,000 shall be paid to
                                                 ‘‘(c) REQUIREMENTS.—                                    ‘‘(3) FIRST TRANCHE AMOUNT.—The term                 each Tribal government; and
                                                 ‘‘(1) USE OF FUNDS.—Subject to paragraph              ‘First Tranche Amount’ means, with respect               ‘‘(ii) not less than $50,000 shall be paid to
                                               (2), and except as provided in paragraphs (3)           to each metropolitan city for which an                 the State of Hawaii for the exclusive use of
                                               and (4), a metropolitan city, nonentitlement            amount is allocated under subsection (b)(1),           the Department of Hawaiian Home Lands
                                               unit of local government, or county shall               each State for which an amount is allocated            and the Native Hawaiian Education Pro-
                                               only use the funds provided under a payment             under subsection (b)(2) for distribution to            grams to assist Native Hawaiians in accord-
                                               made under this section to cover costs in-              nonentitlement units of local government,              ance with this section.
                                               curred by the metropolitan city, nonentitle-            and each county for which an amount is allo-             ‘‘(2) REMAINING AMOUNTS.—
                                               ment unit of local government, or county, by            cated under subsection (b)(3), 50 percent of             ‘‘(A) IN GENERAL.—From the amount of the
                                               December 31, 2024—                                      the amount so allocated to such metropoli-             appropriation under subsection (a) that re-
                                                 ‘‘(A) to respond to the public health emer-           tan city, State, or county (as applicable).            mains after the application of paragraph (1),
                                               gency with respect to the Coronavirus Dis-                ‘‘(4) METROPOLITAN CITY.—The term ‘met-              the Secretary shall make payments to
                                               ease 2019 (COVID–19) or its negative eco-               ropolitan city’ has the meaning given that             States based on population such that—
                                               nomic impacts, including assistance to                  term in section 102(a)(4) of the Housing and             ‘‘(i) 50 percent of such amount shall be al-
                                               households, small businesses, and nonprofits,           Community Development Act of 1974 (42                  located among the States based on the pro-
                                               or aid to impacted industries such as tour-             U.S.C. 5302(a)(4)) and includes cities that re-        portion that the population of each State
                                               ism, travel, and hospitality;                           linquish or defer their status as a metropoli-         bears to the population of all States;
                                                 ‘‘(B) for the provision of government serv-           tan city for purposes of receiving allocations           ‘‘(ii) 25 percent of such amount shall be al-
                                               ices to the extent of the reduction in revenue          under section 106 of such Act (42 U.S.C. 5306)         located among the States based on the pro-
                                               of such metropolitan city, nonentitlement               for fiscal year 2021.                                  portion that the number of individuals living
                                               unit of local government, or county due to                ‘‘(5) NONENTITLEMENT UNIT OF LOCAL GOV-              in rural areas in each State bears to the
                                               such emergency; or                                      ERNMENT.—The term ‘nonentitlement unit of              number of individuals living in rural areas in
                                                 ‘‘(C) to make necessary investments in                local government’ means a ‘city’, as that              all States; and
                                               water, sewer, or broadband infrastructure.              term is defined in section 102(a)(5) of the              ‘‘(iii) 25 percent of such amount shall be al-
                                                 ‘‘(2) PENSION FUNDS.—No metropolitan                  Housing and Community Development Act of               located among the States based on the pro-
                                               city, nonentitlement unit of local govern-              1974 (42 U.S.C. 5302(a)(5))), that is not a met-       portion that the number of individuals with
                                               ment, or county may use funds made avail-               ropolitan city.                                        a household income that is below 150 percent
                                               able under this section for deposit into any              ‘‘(6) SECOND TRANCHE AMOUNT.—The term                of the poverty line applicable to a family of
                                               pension fund.                                           ‘Second Tranche Amount’ means, with re-                the size involved in each State bears to the
                                                 ‘‘(3) TRANSFER AUTHORITY.—A metropolitan              spect to each metropolitan city for which an           number of such individuals in all States.
                                               city, nonentitlement unit of local govern-              amount is allocated under subsection (b)(1),             ‘‘(B) DATA.—In determining the allocations
                                               ment, or county receiving a payment from                each State for which an amount is allocated            to be made to each State under subparagraph
                                               funds made available under this section may             under subsection (b)(2) for distribution to            (A), the Secretary of the Treasury shall use
                                               transfer funds to a private nonprofit organi-           nonentitlement units of local government,              the most recent data available from the Bu-
                                               zation (as that term is defined in paragraph            and each county for which an amount is allo-           reau of the Census.
                                               (17) of section 401 of the McKinney-Vento               cated under subsection (b)(3), an amount not             ‘‘(c) TIMING.—The Secretary shall establish
                                               Homeless Assistance Act (42 U.S.C. 11360(17)),          to exceed 50 percent of the amount so allo-            a process of applying for grants to access
                                               a public benefit corporation involved in the            cated to such metropolitan city, State, or             funding made available under section (b) not
                                               transportation of passengers or cargo, or a             county (as applicable).                                later than 60 days after enactment of this
                                               special-purpose unit of State or local govern-            ‘‘(7) SECRETARY.—The term ‘Secretary’                section.
                                               ment.                                                   means the Secretary of the Treasury.                     ‘‘(d) DEFINITIONS.—In this section:
                                                 ‘‘(4) TRANSFERS TO STATES.—Notwith-                     ‘‘(8) STATE.—The term ‘State’ means each               ‘‘(1) SECRETARY.—The term ‘Secretary’
                                               standing paragraph (1), a metropolitan city,            of the 50 States, the District of Columbia,            means the Secretary of the Treasury.
                                               nonentitlement unit of local government, or             the Commonwealth of Puerto Rico, the                     ‘‘(2) STATE.—The term ‘State’ means 1 of
                                               county receiving a payment from funds made              United States Virgin Islands, Guam, the                the 50 States.
                                               available under this section may transfer               Commonwealth of the Northern Mariana Is-                 ‘‘(3) TRIBAL GOVERNMENT.—The term ‘Trib-
                                               such funds to the State in which such entity            lands, and American Samoa.                             al government’ has the meaning given such
                                               is located.                                               ‘‘(9) UNIT OF GENERAL LOCAL GOVERNMENT.—             term in section 603(g).’’.
                                                 ‘‘(d) REPORTING.—Any metropolitan city,               The term ‘unit of general local government’              (b) CONFORMING AMENDMENT.—The heading
                                               nonentitlement unit of local government, or             has the meaning given that term in section             for title VI of the Social Security Act (42
                                               county receiving funds provided under a pay-            102(a)(1) of the Housing and Community De-             U.S.C. 801 et seq.) is amended by striking
                                               ment made under this section shall provide              velopment Act of 1974 (42 U.S.C. 5302(a)(1)).          ‘‘FUND’’ and inserting ‘‘, FISCAL RECOV-
                                               to the Secretary periodic reports providing a           ‘‘SEC. 604. CORONAVIRUS CAPITAL PROJECTS               ERY, AND CRITICAL CAPITAL PROJECTS
                                               detailed accounting of the uses of such funds                       FUND.                                      FUNDS’’.
                                               by such metropolitan city, nonentitlement                  ‘‘(a)  APPROPRIATION.—In  addition to
                                                                                                                                                                         Subtitle N—Other Provisions
                                               unit of local government, or county and in-             amounts otherwise available, there is appro-
                                               cluding such other information as the Sec-              priated for fiscal year 2021, out of any money         SEC. 9911. FUNDING FOR PROVIDERS RELATING
                                                                                                                                                                          TO COVID–19.
                                               retary may require for the administration of            in the Treasury not otherwise appropriated,
                                               this section.                                           $10,000,000,000, to remain available until ex-           Part A of title XI of the Social Security
                                                 ‘‘(e) RECOUPMENT.—Any metropolitan city,              pended, for making payments to States, ter-            Act (42 U.S.C. 1301 et seq.) is amended by
                                               nonentitlement unit of local government, or             ritories, and Tribal governments to carry              adding at the end the following:
                                               county that has failed to comply with sub-              out critical capital projects directly ena-            ‘‘SEC. 1150C. FUNDING FOR PROVIDERS RELAT-
                                               section (c) shall be required to repay to the           bling work, education, and health moni-                             ING TO COVID–19.
                                               Secretary an amount equal to the amount of              toring, including remote options, in response             ‘‘(a) FUNDING.—In addition to amounts oth-
                                               funds used in violation of such subsection.             to the public health emergency with respect            erwise available, there is appropriated to the
                                                 ‘‘(f) REGULATIONS.—The Secretary shall                to the Coronavirus Disease (COVID–19).                 Secretary, for fiscal year 2021, out of any
                                               have the authority to issue such regulations              ‘‘(b) PAYMENTS TO EACH OF THE 50 STATES              monies in the Treasury not otherwise appro-
                                               as may be necessary or appropriate to carry             AND THE DISTRICT OF COLUMBIA.—                         priated, $8,500,000,000 for purposes of making
                                               out this section.                                         ‘‘(1) MINIMUM AMOUNTS.—From the amount               payments to eligible health care providers
                                                 ‘‘(g) DEFINITIONS.—In this section:                   appropriated under subsection (a)—                     for health care related expenses and lost rev-
                                                 ‘‘(1) COUNTY.—The term ‘county’ means a                 ‘‘(A) the Secretary shall pay $100,000,000 to        enues that are attributable to COVID–19.
                                               county, parish, or other equivalent county              each State;                                            Amounts appropriated under the preceding
                                               division (as defined by the Bureau of the                 ‘‘(B) the Secretary shall pay $100,000,000 to        sentence shall remain available until ex-
                                               Census).                                                the Commonwealth of Puerto Rico and                    pended.
                                                 ‘‘(2) COVERED PERIOD.—The term ‘covered               $100,000,000 to the District of Columbia;                ‘‘(b) SPECIAL RULE REGARDING PARENT OR-
                                               period’ means, with respect to a metropoli-               ‘‘(C) the Secretary shall pay $100,000,000 of        GANIZATIONS.—In the case of any payment




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                                               tan city, nonentitlement unit of local gov-             such amount in equal shares to the United              made under this section to an eligible health
                                               ernment, or county receiving funds under                States Virgin Islands, Guam, American                  care provider, but which is received by a par-
                                               this section, the period that—                          Samoa, the Commonwealth of the Northern                ent organization of such provider, such par-
                                                 ‘‘(A) begins on March 3, 2021; and                    Mariana Islands, the Republic of the Mar-              ent organization shall allocate all of such
                                                 ‘‘(B) ends on the last day of the fiscal year         shall Islands, the Federated States of Micro-          payment to such provider.
                                               of the metropolitan city, nonentitlement                nesia, and the Republic of Palau; and                    ‘‘(c) APPLICATION REQUIREMENT.—To be eli-
                                               unit of local government, or county in which              ‘‘(D) the Secretary shall pay $100,000,000 of        gible for a payment under this section, an el-
                                               all of the funds received by the metropolitan           such amount to Tribal governments and the              igible health care provider shall submit to




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                                               March 4, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                       S1115
                                               the Secretary an application in such form               Human Services in June 2020, including the              vent,     prepare     for,  and    respond    to
                                               and manner as the Secretary shall prescribe.            difference between such provider’s budgeted             coronavirus, which shall include a contribu-
                                               Such application shall contain the following:           and actual revenue if such budget had been              tion to a multilateral vaccine development
                                                  ‘‘(1) A statement justifying the need of the         established and approved prior to March 27,             partnership to support epidemic prepared-
                                               provider for the payment, including docu-               2020.                                                   ness;
                                               mentation of the health care related ex-                  ‘‘(4) PAYMENT.— The term ‘payment’ in-                  (2) $3,750,000,000 to be made available to the
                                               penses attributable to COVID–19 and lost                cludes, as determined appropriate by the                Department of State to support programs for
                                               revenues attributable to COVID–19.                      Secretary, a pre-payment, a prospective pay-            the prevention, treatment, and control of
                                                  ‘‘(2) The tax identification number of the           ment, a retrospective payment, or a payment             HIV/AIDS in order to prevent, prepare for,
                                               provider.                                               through a grant or other mechanism.                     and respond to coronavirus, including to
                                                  ‘‘(3) Such assurances as the Secretary de-             ‘‘(5) RURAL AREA.—The term ‘rural area’               mitigate the impact on such programs from
                                               termines appropriate that the eligible health           means—                                                  coronavirus and support recovery from the
                                               care provider will maintain and make avail-               ‘‘(A) a rural area (as defined in section             impacts of the coronavirus, of which not less
                                               able such documentation and submit such re-             1886(d)(2)(D)); or                                      than $3,500,000,000 shall be for a United
                                               ports (at such time, in such form, and con-               ‘‘(B) any other rural area (as defined by the         States contribution to the Global Fund to
                                               taining such information as the Secretary               Secretary).’’.                                          Fight AIDS, Tuberculosis and Malaria;
                                               shall prescribe) as the Secretary determines            SEC. 9912. EXTENSION OF CUSTOMS USER FEES.                (3) $3,090,000,000 to be made available to the
                                               is necessary to ensure compliance with any                (a) IN GENERAL.—Section 13031(j)(3) of the            United States Agency for International De-
                                               conditions imposed by the Secretary under               Consolidated Omnibus Budget Reconciliation              velopment to prevent, prepare for, and re-
                                               this section.                                           Act of 1985 (19 U.S.C. 58c(j)(3)) is amended—           spond to coronavirus, which shall include
                                                  ‘‘(4) Any other information determined ap-             (1) in subparagraph (A), by striking ‘‘Octo-          support for international disaster relief, re-
                                               propriate by the Secretary.                             ber 21, 2029’’ and inserting ‘‘September 30,            habilitation, and reconstruction, for health
                                                  ‘‘(d) LIMITATION.—Payments made to an el-                                                                    activities, and to meet emergency food secu-
                                                                                                       2030’’; and
                                               igible health care provider under this section                                                                  rity needs; and
                                                                                                         (2) in subparagraph (B)(i), by striking ‘‘Oc-
                                               may not be used to reimburse any expense or                                                                       (4) $930,000,000 to be made available to pre-
                                                                                                       tober 21, 2029’’ and inserting ‘‘September 30,
                                               loss that—
                                                                                                       2030’’.                                                 vent,     prepare     for,  and    respond    to
                                                  ‘‘(1) has been reimbursed from another
                                                                                                         (b) RATE FOR MERCHANDISE PROCESSING                   coronavirus, which shall include activities to
                                               source; or
                                                                                                       FEES.—Section 503 of the United States-                 address economic and stabilization require-
                                                  ‘‘(2) another source is obligated to reim-
                                                                                                       Korea Free Trade Agreement Implementa-                  ments resulting from such virus.
                                               burse.                                                                                                            (b) WAIVER OF LIMITATION.—Any contribu-
                                                  ‘‘(e) APPLICATION OF REQUIREMENTS, RULES,            tion Act (Public Law 112–41; 19 U.S.C. 3805
                                                                                                       note) is amended by striking ‘‘October 21,              tion to the Global Fund to Fight AIDS, Tu-
                                               AND PROCEDURES.—The Secretary shall apply
                                                                                                       2029’’ and inserting ‘‘September 30, 2030’’.            berculosis and Malaria made pursuant to
                                               any requirements, rules, or procedures as the
                                                                                                           TITLE X—COMMITTEE ON FOREIGN                        subsection (a)(2) shall be made available not-
                                               Secretary deems appropriate for the efficient
                                                                                                                         RELATIONS                             withstanding section 202(d)(4)(A)(i) of the
                                               execution of this section.
                                                  ‘‘(f) DEFINITIONS.—In this section:                                                                          United States Leadership Against HIV/AIDS,
                                                                                                       SEC.   10001.    DEPARTMENT      OF     STATE   OPER-
                                                  ‘‘(1) ELIGIBLE HEALTH CARE PROVIDER.—The                             ATIONS.                                 Tuberculosis, and Malaria Act of 2003 (22
                                               term ‘eligible health care provider’ means—               In addition to amounts otherwise avail-               U.S.C. 7622(d)(4)(A)(i)), and such contribution
                                                  ‘‘(A) a provider of services (as defined in          able, there is authorized and appropriated to           shall not be considered a contribution for the
                                               section 1861(u)) or a supplier (as defined in           the Secretary of State for fiscal year 2021,            purpose       of    applying    such     section
                                               section 1861(d)) that—                                  out of any money in the Treasury not other-             202(d)(4)(A)(i).
                                                  ‘‘(i) is enrolled in the Medicare program                                                                    SEC. 10004. HUMANITARIAN RESPONSE.
                                                                                                       wise appropriated, $204,000,000, to remain
                                               under title XVIII under section 1866(j), in-            available until September 30, 2022, for nec-              (a) IN GENERAL.—In addition to amounts
                                               cluding temporarily enrolled during the                 essary expenses of the Department of State              otherwise available, there is authorized and
                                               emergency period described in section                   to carry out the authorities, functions, du-            appropriated to the Secretary of State for
                                               1135(g)(1)(B) for such period;                          ties, and responsibilities in the conduct of            fiscal year 2021, out of any money in the
                                                  ‘‘(ii) provides diagnoses, testing, or care for      the foreign affairs of the United States, to            Treasury      not   otherwise    appropriated,
                                               individuals with possible or actual cases of            prevent, prepare for, and respond to                    $500,000,000, to remain available until Sep-
                                               COVID–19; and                                           coronavirus domestically or internationally,            tember 30, 2022, to carry out the provisions of
                                                  ‘‘(iii) is located in a rural area or treated        which shall include maintaining Department              section 2(a) and (b) of the Migration and Ref-
                                               as located in a rural area pursuant to section          of State operations.                                    ugee Assistance Act of 1962 (22 U.S.C. 2601(a)
                                               1886(d)(8)(E); or                                       SEC. 10002. UNITED STATES AGENCY FOR INTER-
                                                                                                                                                               and (b)) to prevent, prepare for, and respond
                                                  ‘‘(B) a provider or supplier that—                                NATIONAL DEVELOPMENT OPER-                 to coronavirus.
                                                  ‘‘(i) is enrolled with a State Medicaid plan                      ATIONS.                                      (b) USE OF FUNDS.—Funds appropriated
                                               under title XIX (or a waiver of such plan) in             In addition to amounts otherwise avail-               pursuant to this section shall not be made
                                               accordance with subsections (a)(77) and (kk)            able, there is authorized and appropriated to           available for the costs of resettling refugees
                                               of section 1902 (including enrolled pursuant            the Administrator of the United States                  in the United States.
                                                                                                       Agency for International Development for                SEC. 10005. MULTILATERAL ASSISTANCE.
                                               to section 1902(a)(78) or section 1932(d)(6)) or
                                               enrolled with a State child health plan under           fiscal year 2021, out of any money in the                 In addition to amounts otherwise avail-
                                               title XXI (or a waiver of such plan) in ac-             Treasury     not     otherwise    appropriated,         able, there is authorized and appropriated to
                                               cordance with subparagraph (G) of section               $41,000,000, to remain available until Sep-             the Secretary of State for fiscal year 2021,
                                               2107(e)(1) (including enrolled pursuant to sub-         tember 30, 2022, to carry out the provisions of         out of any money in the Treasury not other-
                                               paragraph (D) or (Q) of such section);                  section 667 of the Foreign Assistance Act of            wise appropriated, $580,000,000, to remain
                                                  ‘‘(ii) provides diagnoses, testing, or care for      1961 (22 U.S.C. 2427) for necessary expenses of         available until September 30, 2022, to carry
                                               individuals with possible or actual cases of            the United States Agency for International              out the provisions of section 301(a) of the
                                               COVID–19; and                                           Development to prevent, prepare for, and re-            Foreign Assistance Act of 1961 (22 U.S.C.
                                                  ‘‘(iii) is located in a rural area.                  spond to coronavirus domestically or inter-             2221(a)) to prevent, prepare for, and respond
                                                  ‘‘(2) HEALTH CARE RELATED EXPENSES AT-               nationally, and for other operations and                to coronavirus, which shall include support
                                               TRIBUTABLE TO COVID–19.—The term ‘health                maintenance      requirements      related   to         for the priorities and objectives of the
                                               care related expenses attributable to COVID–            coronavirus.                                            United Nations Global Humanitarian Re-
                                               19’ means health care related expenses to               SEC. 10003. GLOBAL RESPONSE.                            sponse Plan COVID–19 through voluntary
                                               prevent, prepare for, and respond to COVID–               (a) IN GENERAL.—In addition to amounts                contributions to international organizations
                                               19, including the building or construction of           otherwise available, there is authorized and            and programs administered by such organi-
                                               a temporary structure, the leasing of a prop-           appropriated to the Secretary of State for              zations.
                                               erty, the purchase of medical supplies and              fiscal year 2021, out of any money in the                    TITLE XI—COMMITTEE ON INDIAN
                                               equipment, including personal protective                Treasury      not    otherwise   appropriated,                             AFFAIRS
                                               equipment and testing supplies, providing for           $8,675,000,000, to remain available until Sep-          SEC. 11001. INDIAN HEALTH SERVICE.
                                               increased workforce and training, including             tember 30, 2022, for necessary expenses to                (a) In addition to amounts otherwise avail-
                                               maintaining staff, obtaining additional staff,          carry out the provisions of section 531 of              able, there is appropriated to the Secretary
                                               or both, the operation of an emergency oper-            chapter 4 of part II of the Foreign Assistance          of Health and Human Services (in this sec-




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                                               ation center, retrofitting a facility, pro-             Act of 1961 (22 U.S.C. 2346) as health pro-             tion referred to as the ‘‘Secretary’’) for fiscal
                                               viding for surge capacity, and other expenses           grams to prevent, prepare for, and respond to           year 2021, out of any money in the Treasury
                                               determined appropriate by the Secretary.                coronavirus, which shall include recovery               not otherwise appropriated, $6,094,000,000, to
                                                  ‘‘(3) LOST REVENUE ATTRIBUTABLE TO COVID–            from the impacts of such virus and shall be             remain available until expended, of which—
                                               19.—The term ‘lost revenue attributable to              allocated as follows—                                     (1) $5,484,000,000 shall be for carrying out
                                               COVID–19’ has the meaning given that term                 (1) $905,000,000 to be made available to the          the Act of August 5, 1954 (42 U.S.C. 2001 et
                                               in the Frequently Asked Questions guidance              United States Agency for International De-              seq.) (commonly referred to as the Transfer
                                               released by the Department of Health and                velopment for global health activities to pre-          Act), the Indian Self-Determination and




                                         VerDate Sep 11 2014   08:39 Mar 05, 2021   Jkt 019060   PO 00000   Frm 00079   Fmt 0637   Sfmt 0634   E:\CR\FM\A04MR6.008   S04MRPT1
                                               S1116                                             CONGRESSIONAL RECORD — SENATE                                                         March 4, 2021
                                               Education Assistance Act (25 U.S.C. 5301 et             shall be available on a one-time basis. Such           available under subparagraph (B) may be
                                               seq.), the Indian Health Care Improvement               non-recurring funds shall not be part of the           used to provide rental assistance to eligible
                                               Act (25 U.S.C. 1601 et seq.), and titles II and         amount required by section 106 of the Indian           Native Hawaiian families both on and off the
                                               III of the Public Health Service Act (42                Self-Determination and Education Assist-               Hawaiian Home Lands.
                                               U.S.C. 201 et seq. and 241 et seq.) with respect        ance Act (25 U.S.C. 5325), and such funds                (D) TIMING OF OBLIGATIONS.—Amounts
                                               to the Indian Health Service, of which—                 shall only be used for the purposes identified         made available under this paragraph shall be
                                                 (A) $2,000,000,000 shall be for lost reim-            in this section.                                       used, as necessary, to cover or reimburse al-
                                               bursements, in accordance with section 207              SEC. 11002. BUREAU OF INDIAN AFFAIRS.                  lowable costs to prevent, prepare for, and re-
                                               of the Indian Health Care Improvement Act                 (a) IN GENERAL.—In addition to amounts               spond to coronavirus that are incurred by a
                                               (25 U.S.C. 1621f);                                      otherwise made available, there is appro-              recipient, including for costs incurred after
                                                 (B) $500,000,000 shall be for the provision of        priated for fiscal year 2021, out of any money         January 21, 2020.
                                               additional health care services, services pro-          in the Treasury not otherwise appropriated,              (E) WAIVERS OR ALTERNATIVE REQUIRE-
                                               vided through the Purchased/Referred Care               $900,000,000 to remain available until ex-             MENTS.—The Secretary may waive or specify
                                               program, and other related activities;                  pended, pursuant to the Snyder Act (25                 alternative requirements for any provision of
                                                 (C) $140,000,000 shall be for information             U.S.C. 13), of which—                                  NAHASDA (25 U.S.C. 4101 et seq.) or regula-
                                               technology, telehealth infrastructure, and                (1) $100,000,000 shall be for Tribal housing         tion applicable to the Native American
                                               the Indian Health Service electronic health             improvement;                                           Housing Block Grants or Native Hawaiian
                                               records system;                                           (2) $772,500,000 shall be for Tribal govern-         Housing Block Grant program other than re-
                                                 (D) $84,000,000 shall be for maintaining op-          ment services, public safety and justice, so-          quirements related to fair housing, non-
                                               erations of the Urban Indian health program,            cial services, child welfare assistance, and           discrimination, labor standards, and the en-
                                               which shall be in addition to other amounts             for other related expenses;                            vironment, upon a finding that the waiver or
                                               made available under this subsection for                  (3) $7,500,000 shall be for related Federal ad-      alternative requirement is necessary to ex-
                                               Urban Indian organizations (as defined in               ministrative costs and oversight; and                  pedite or facilitate the use of amounts made
                                               section 4 of the Indian Health Care Improve-              (4) $20,000,000 shall be to provide and de-          available under this paragraph.
                                               ment Act (25 U.S.C. 1603));                             liver potable water.                                     (F)     UNOBLIGATED     AMOUNTS.—Amounts
                                                 (E) $600,000,000 shall be for necessary ex-             (b) EXCLUSIONS FROM CALCULATION.—Funds               made available under this paragraph which
                                               penses to plan, prepare for, promote, dis-              appropriated under subsection (a) shall be             are not accepted, are voluntarily returned,
                                               tribute, administer, and track COVID–19 vac-            excluded from the calculation of funds re-             or otherwise recaptured for any reason shall
                                               cines, for the purposes described in subpara-           ceived by those Tribal governments that par-           be used to fund grants under paragraph (2).
                                               graphs (F) and (G), and for other vaccine-re-           ticipate in the ‘‘Small and Needy’ ’’ program.           (2) INDIAN COMMUNITY DEVELOPMENT BLOCK
                                               lated activities;                                         (c) ONE-TIME BASIS FUNDS.—Funds made                 GRANTS.—$280,000,000 shall be available for
                                                 (F) $1,500,000,000 shall be for necessary ex-         available under subsection (a) to Tribes and           grants under title I of the Housing and Com-
                                               penses to detect, diagnose, trace, and mon-             Tribal organizations under the Indian Self-            munity Development Act of 1974, subject to
                                               itor COVID–19 infections, activities nec-               Determination and Education Assistance Act             the following terms and conditions:
                                               essary to mitigate the spread of COVID–19,              (25 U.S.C. 5301 et seq.) shall be available on a         (A) USE.—Amounts made available under
                                               supplies necessary for such activities, for the         one-time basis. Such non-recurring funds               this paragraph shall be used, without com-
                                               purposes described in subparagraphs (E) and             shall not be part of the amount required by            petition, for emergencies that constitute im-
                                               (G), and for other related activities;                  section 106 of the Indian Self-Determination           minent threats to health and safety and are
                                                 (G) $240,000,000 shall be for necessary ex-           and Education Assistance Act (25 U.S.C.                designed to prevent, prepare for, and respond
                                               penses to establish, expand, and sustain a              5325), and such funds shall only be used for           to coronavirus.
                                               public health workforce to prevent, prepare             the purposes identified in this section.                 (B) PLANNING.—Not to exceed 20 percent of
                                               for, and respond to COVID–19, other public                                                                     any grant made with funds made available
                                                                                                       SEC. 11003. HOUSING ASSISTANCE AND SUP-
                                               health workforce-related activities, for the                       PORTIVE SERVICES PROGRAMS FOR               under this paragraph shall be expended for
                                               purposes described in subparagraphs (E) and                        NATIVE AMERICANS.                           planning and management development and
                                               (F), and for other related activities; and                (a)   APPROPRIATION.—In    addition to               administration.
                                                 (H) $420,000,000 shall be for necessary ex-           amounts otherwise available, there is appro-             (C) TIMING OF OBLIGATIONS.—Amounts
                                               penses related to mental health and sub-                priated to the Secretary of Housing and                made available under this paragraph shall be
                                               stance use prevention and treatment serv-               Urban Development (in this section referred            used, as necessary, to cover or reimburse al-
                                               ices, for the purposes described in subpara-            to as the ‘‘Secretary’’) for fiscal year 2021,         lowable costs to prevent, prepare for, and re-
                                               graph (C) and paragraph (2) as related to               out of any money in the Treasury not other-            spond to coronavirus incurred by a recipient,
                                               mental health and substance use prevention              wise appropriated, $750,000,000, to remain             including for costs incurred after January 21,
                                               and treatment services, and for other related           available until September 30, 2025, to pre-            2020.
                                               activities;                                             vent,    prepare     for,   and   respond    to          (D) INAPPLICABILITY OF PUBLIC SERVICES
                                                 (2) $600,000,000 shall be for the lease, pur-         coronavirus, for activities and assistance au-         CAP.—Indian tribes may use up to 100 percent
                                               chase, construction, alteration, renovation,            thorized under title I of the Native American          of any grant from amounts made available
                                               or equipping of health facilities to respond to         Housing Assistance and Self-Determination              under this paragraph for public services ac-
                                               COVID–19, and for maintenance and improve-              Act of 1996 (NAHASDA) (25 U.S.C. 4111 et               tivities to prevent, prepare for, and respond
                                               ment projects necessary to respond to                   seq.), under title VIII of NAHASDA (25 U.S.C.          to coronavirus.
                                               COVID–19 under section 7 of the Act of Au-              4221 et seq.), and under section 106(a)(1) of            (E) WAIVERS OR ALTERNATIVE REQUIRE-
                                               gust 5, 1954 (42 U.S.C. 2004a), the Indian Self-        the Housing and Community Development                  MENTS.—The Secretary may waive or specify
                                               Determination and Education Assistance Act              Act of 1974 with respect to Indian tribes (42          alternative requirements for any provision of
                                               (25 U.S.C. 5301 et seq.), the Indian Health             U.S.C. 5306(a)(1)), which shall be made avail-         title I of the Housing and Community Devel-
                                               Care Improvement Act (25 U.S.C. 1601 et                 able as follows:                                       opment Act of 1974 (42 U.S.C. 5301 et seq.) or
                                               seq.), and titles II and III of the Public                (1) HOUSING BLOCK GRANTS.—$455,000,000               regulation applicable to the Indian Commu-
                                               Health Service Act (42 U.S.C. 202 et seq.)              shall be available for the Native American             nity Development Block Grant program
                                               with respect to the Indian Health Service;              Housing Block Grants and Native Hawaiian               other than requirements related to fair hous-
                                               and                                                     Housing Block Grant programs, as author-               ing, nondiscrimination, labor standards, and
                                                 (3) $10,000,000 shall be for carrying out sec-        ized under titles I and VIII of NAHASDA,               the environment, upon a finding that the
                                               tion 7 of the Act of August 5, 1954 (42 U.S.C.          subject to the following terms and condi-              waiver or alternative requirement is nec-
                                               2004a) for expenses relating to potable water           tions:                                                 essary to expedite or facilitate the use of
                                               delivery.                                                 (A) FORMULA.—Of the amounts made avail-              amounts made available under this para-
                                                 (b) Funds appropriated by subsection (a)
                                                                                                       able under this paragraph, $450,000,000 shall          graph.
                                               shall be made available to restore amounts,
                                               either directly or through reimbursement,               be for grants under title I of NAHASDA and               (3) TECHNICAL ASSISTANCE.—$10,000,000 shall
                                               for obligations for the purposes specified in           shall be distributed according to the same             be used to make new awards or increase
                                               this section that were incurred to prevent,             funding formula used in fiscal year 2021.              prior awards to existing technical assistance
                                               prepare for, and respond to COVID–19 during               (B) NATIVE HAWAIIANS.—Of the amounts                 providers to provide an immediate increase
                                               the period beginning on the date on which               made available under this paragraph,                   in training and technical assistance to In-
                                               the public health emergency was declared by             $5,000,000 shall be for grants under title VIII        dian tribes, Indian housing authorities, trib-
                                                                                                       of NAHASDA.                                            ally designated housing entities, and recipi-




SSpencer on DSK126QN23PROD with SENATE
                                               the Secretary on January 31, 2020, pursuant
                                               to section 319 of the Public Health Service               (C) USE.—Amounts made available under                ents under title VIII of NAHASDA for activi-
                                               Act (42 U.S.C. 247d) with respect to COVID–19           this paragraph shall be used by recipients to          ties under this section.
                                               and ending on the date of the enactment of              prevent, prepare for, and respond to                     (4) OTHER COSTS.—$5,000,000 shall be used
                                               this Act.                                               coronavirus, including to maintain normal              for the administrative costs to oversee and
                                                 (c) Funds made available under subsection             operations and fund eligible affordable hous-          administer the implementation of this sec-
                                               (a) to Tribes and Tribal organizations under            ing activities under NAHASDA during the                tion, and pay for associated information
                                               the Indian Self-Determination and Edu-                  period that the program is impacted by                 technology, financial reporting, and other
                                               cation Assistance Act (25 U.S.C. 5301 et seq.)          coronavirus. In addition, amounts made                 costs.




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                                               March 4, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                       S1117
                                               SEC. 11004. COVID–19 RESPONSE RESOURCES FOR             John Laird of Liberty County. John                      sexually active. Better protect themselves
                                                            THE PRESERVATION AND MAINTE-                                                                       by using birth control methods and using
                                                            NANCE OF NATIVE AMERICAN LAN-              embodies the American dream and ex-
                                                                                                       hibits strong Montana values.                           condoms so they don’t contract sexually
                                                            GUAGES.
                                                                                                                                                               transmitted infections (STI).
                                                 (a) Section 816 of the Native American Pro-             In 1887, John’s ancestors came to                       In a quiet room filled with my fellow sen-
                                               grams Act of 1974 (42 U.S.C. 2992d) is amend-           America from Scotland looking for a                     iors, I broke the silence with a question.
                                               ed by adding at the end the following:                  better life. John’s ancestors home-                     ‘‘Where did you guys learn about sex?’’ It
                                                 ‘‘(f) In addition to amounts otherwise
                                               available, there is appropriated for fiscal
                                                                                                       steaded in the Sweet Grass Hills region                 was revealed that most had obtained the in-
                                                                                                       that surrounds present day Chester,                     formation by either using sources like google
                                               year 2021, out of any money in the Treasury
                                                                                                       MT. They built a large sheep farm and                   or from their peers, but we have school to
                                               not otherwise appropriated, $20,000,000 to re-
                                                                                                                                                               teach us right? In high school, it is expected
                                               main available until expended, to carry out             broke horses for the Canadian Guards.
                                               section 803C(g) of this Act.’’.                                                                                 that you learn about these topics but in this
                                                                                                       Farming is hard work and not for the                    generation, kids are starting to explore at a
                                                 (b) Section 803C of the Native American               faint of heart, but John’s family per-
                                               Programs Act of 1974 (42 U.S.C. 2991b-3) is                                                                     much younger age, the earliest being the
                                               amended by adding at the end the following:
                                                                                                       severed.                                                start of middle school.
                                                 ‘‘(g) EMERGENCY GRANTS FOR NATIVE AMER-                 The land was passed down from gen-                      Not all states are required to teach sex
                                               ICAN LANGUAGE PRESERVATION AND MAINTE-                  eration to generation. John is a proud                  education in a structure way. Some states,
                                               NANCE.—Not later than 180 days after the ef-            wheat farmer of those hills today, mov-                 such as Alabama and Arizona, don’t even
                                               fective date of this subsection, the Secretary                                                                  teach the subject at all. They preach absti-
                                                                                                       ing the same rocks as his great-great-                  nence to their students and tell them to wait
                                               shall award grants to entities eligible to re-          grandfathers did. John and his wife,
                                               ceive assistance under subsection (a)(1) to                                                                     till marriage to have intercourses. Schools
                                               ensure the survival and continuing vitality
                                                                                                       Rita, raised their three children, Cory,                should teach safe sex and ways on how to
                                               of Native American languages during and                 Heather, and Mitchell, on this land. All                prevent STIs. Schools should talk about dif-
                                               after the public health emergency declared              three of their children attended Mon-                   ferent types of birth control that are avail-
                                               by the Secretary pursuant to section 319 of             tana schools and universities and have                  able. It’s also important to include informa-
                                               the Public Health Service Act (42 U.S.C.                gone on to start families of their own.                 tion for students with different sexuality. In
                                               247d) with respect to the COVID–19 pan-                                                                         a video by Above the Noise, ‘‘Sex education
                                                                                                         The Laird family story highlights the                 in America: The good, The bad, and The
                                               demic.’’.
                                                                                                       agricultural history of Montana, and                    ugly’’, high school students shared their
                                               SEC. 11005. BUREAU OF INDIAN EDUCATION.
                                                 In addition to amounts otherwise avail-
                                                                                                       the tenacity and legacy of those who                    thoughts on the current Sex Education. One
                                               able, there is appropriated to the Bureau of            immigrated to the United States seek-                   student talked about how it doesn’t include
                                               Indian Education for fiscal year 2021, out of           ing to create a better life. It is my                   people in the LGBTQIA+ community. School
                                               any money in the Treasury not otherwise ap-             honor to recognize John Laird as a suc-                 needs to provide to students that have dif-
                                               propriated, $850,000,000, to remain available           cessful farmer and father and for lead-                 ferent sexuality, they shound teach sex be-
                                               until expended, to be allocated by the Direc-                                                                   tween non heterosexual people as well. It’s
                                                                                                       ing a life that represents everything
                                               tor of the Bureau of Indian Education not                                                                       very important to help kids understand safe-
                                                                                                       Montanans hold dear.∑                                   ty no matter their sexual orientation.
                                               more than 45 calendar days after the date of
                                               enactment of this Act, for programs or ac-                                 f                                      The topic of sex should be normalized and
                                               tivities operated or funded by the Bureau of                                                                    talked more about to people at a very young
                                               Indian Education, for Bureau-funded schools              VERMONT STATE OF THE UNION                             age. To help kids understand the changes in
                                               (as defined in section 1141(3) of the Education             ESSAY CONTEST FINALISTS                             their body and explore their sexuality. Par-
                                               Amendments of 1978 (25 U.S.C. 2021(3)), and                                                                     ents should have conversations about sex
                                                                                                       ∑ Mr. SANDERS. Madam President, I                       and the human body to their kids. School
                                               for Tribal Colleges or Universities (as de-
                                               fined in section 316(b)(3) of the Higher Edu-
                                                                                                       ask to have printed in the RECORD                       should include people with different sexu-
                                               cation Act of 1965 (20 U.S.C. 1059c(b)(3))).            some of the finalists’ essays written by                ality. If we do these things, teenager would
                                               SEC. 11006. AMERICAN INDIAN, NATIVE HAWAI-              Vermont High School students as part                    have the knowledge and ability to protect
                                                           IAN, AND ALASKA NATIVE EDU-                 of the 11th annual ‘‘State of the Union’’               themselves and weigh their options when it
                                                           CATION.                                     essay contest conducted by my office.                   come to safe sex.
                                                 In addition to amounts otherwise avail-                 The material follows:                                     KADA ORLOW, BURLINGTON HIGH SCHOOL,
                                               able, there is appropriated to the Depart-                                                                                         FRESHMAN
                                               ment of Education for fiscal year 2021, out of                                FINALISTS
                                                                                                                                                                 My sister and I were very little when my
                                               any money in the Treasury not otherwise ap-                  EH KA LUU, WINOOSKI HIGH SCHOOL, SENIOR
                                                                                                                                                               mom became our only parent. She was all by
                                               propriated, $190,000,000, to remain available             ‘‘Don’t hold a guy’s hand; you’ll get preg-           herself, with no ‘‘safety net’’, as she calls it.
                                               until expended, for awards, which shall be              nant,’’ my mom informed me as I sat on the              We were left with nothing but each other.
                                               determined by the Secretary of Education                toilet, looking at the well wrapped square. I           She struggled with lack of money, food scar-
                                               not more than 180 calendar days after the               engraved those words in my mind. My whole               city, and sometimes there were issues with
                                               date of enactment of this Act, of which—                6th grade year, I avoided the hands of the op-          places to live. As I grew older, I began to see
                                                 (1) $20,000,000 shall be for awards for Tribal        posite gender, by keeping my hands in the               the struggles that not only my mom, but
                                               education agencies for activities authorized            pocket of my hoodie due to my moms version              many other families face when trying to
                                               under section 6121(c) of the Elementary and             of sex education. Yet, in seventh grade I had           raise a family and dig themselves out of a
                                               Secondary Education Act of 1965 (20 U.S.C.              Health class, where curiosity got the best of           hole. I’ve listened to my mom explain to me
                                               7441(c));                                               me.                                                     many times, how impossible it is for one per-
                                                 (2) $85,000,000 shall be for awards to entities         ‘‘Mrs- where do babies come from?’’ I                 son to raise a family, to have to be in two
                                               eligible to receive grants under section                looked up and back down, she smiled and ex-             places at once, while trying to get us off to
                                               6205(a)(1) of the Elementary and Secondary              plained everything to me, this was where                daycare or school, and to try and hold down
                                               Education Act of 1965 (20 U.S.C. 7515(a)(1)) for        things started to make sense. I realized that           a regular job (no longer a career as she may
                                               activities authorized under section 6205(a)(3)          I’ve been lied to by my own mother. I had               have had long before), and to just keep going
                                               of the Elementary and Secondary Education               questions. ‘‘Why do some parents avoid such             no matter what, because you can’t stop.
                                               Act of 1965 (20 U.S.C. 7515(a)(3)); and                 topic?’’ and ‘‘why do schools not teach prop-           Stopping or resting is never an option. Some
                                                 (3) $85,000,000 shall be for awards to entities       er sex education?’’ In this essay, I’m going to         of the issues that my mom recently was
                                               eligible to receive grants under section                address the need for parents to educate their           asked to speak about at a press conference
                                               6304(a)(1) of the Elementary and Secondary              kids. Schools teaching students about sex               have to do with exactly that. My mom spoke
                                               Education Act of 1965 of 1965 (20 U.S.C.                and being welcoming to every gender.                    for, and represented those people, that typi-
                                               7544(a)(1)) for activities authorized under sec-          I think Sexual education should be taught             cally are not heard; the single parents and
                                               tion 6304(a)(2-3) of the Elementary and Sec-            at a very early age. Most kids start to get             the sole parents. She offered solutions that
                                               ondary Education Act of 1965 (20 U.S.C.                 sexually actively around middle school. In              would help make things easier, better for
                                               7544(a)(2-3)) and other related activities.             my research on ‘‘Sex Positive Families’’, I             others, if only they could be put into prac-
                                                                 f                                     found that most parents think that if they              tice everyone would benefit. Now, it is my
                                                                                                       talk to their kids about such a topic, their            turn to speak up for an issue I believe needs
                                                          MORNING BUSINESS
                                                                                                       kids will wanna do it. However, this proves             to be addressed in our society.




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       to be incorrect as most of the time, kids will            The system itself for single mothers is like
                                                                                                       consider the options and pause on their sex-            quicksand, it doesn’t matter how hard you
                                                     ADDITIONAL STATEMENTS
                                                                                                       ual activity. Parents need to start normal-             try, you just get exhausted. You will never
                                                                                                       izing sex and understand that its an act that           get out of it, but you just keep pushing. My
                                                                                                       will be committed, one day. If youth are                mom resigned her promotion and went back
                                                   TRIBUTE TO JOHN LAIRD
                                                                                                       given the accurate information they will bet-           to working part-time so that she and her
                                               ∑ Mr. DAINES. Madam President, this                     ter protect themselves. In my research kids             family could survive. This shows that par-
                                               week I have the honor of recognizing                    who understand the consequences of being                ents are forced to practically choose between




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