Congressional Record, Senate, March 4, 2021, Page S1128
Summary
A page of the Congressional Record, Senate, dated March 4, 2021, at page S1128, headed Text of Amendments. It lists SA 999 and SA 1000, submitted by Mrs. Blackburn, and SA 898, submitted by Mr. Hagerty, as amendments intended to be proposed to SA 891, the substitute amendment to H.R. 1319 offered by Mr. Schumer and others. The page also carries part of the table of contents and text of SA 891, with titles on committee matters, including education emergency relief funds, mental health and substance use disorder funding, and amounts for awards under the Elementary and Secondary Education Act of 1965.
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S1128 CONGRESSIONAL RECORD — SENATE March 4, 2021
SA 999. Mrs. BLACKBURN submitted an TITLE II—COMMITTEE ON HEALTH, Subtitle H—Mental Health and Substance
amendment intended to be proposed to EDUCATION, LABOR, AND PENSIONS Use Disorder
amendment SA 891 proposed by Mr. SCHUMER Subtitle A—Education Matters Sec. 2701. Funding for block grants for com-
(for himself, Mr. WYDEN, Mrs. MURRAY, Mr. munity mental health services.
PART 1—DEPARTMENT OF EDUCATION
BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT- Sec. 2702. Funding for block grants for pre-
WELL, Ms. STABENOW, Mr. TESTER, Mr. Sec. 2001. Elementary and Secondary School
vention and treatment of sub-
MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr. Emergency Relief Fund.
stance abuse.
LEAHY, and Mr. SANDERS) to the bill H.R. Sec. 2002. Emergency assistance to non-pub-
Sec. 2703. Funding for mental health and
1319, supra; which was ordered to lie on the lic schools.
substance use disorder training
table. Sec. 2003. Higher Education Emergency Re-
for health care professionals,
SA 1000. Mrs. BLACKBURN submitted an lief Fund.
paraprofessionals, and public
amendment intended to be proposed to Sec. 2004. Maintenance of effort and mainte-
safety officers.
amendment SA 891 proposed by Mr. SCHUMER nance of equity.
Sec. 2704. Funding for education and aware-
(for himself, Mr. WYDEN, Mrs. MURRAY, Mr. Sec. 2005. Outlying areas.
ness campaign encouraging
BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT- Sec. 2006. Gallaudet University.
healthy work conditions and
WELL, Ms. STABENOW, Mr. TESTER, Mr. Sec. 2007. Student aid administration.
use of mental health and sub-
MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr. Sec. 2008. Howard University.
stance use disorder services by
LEAHY, and Mr. SANDERS) to the bill H.R. Sec. 2009. National Technical Institute for
health care professionals.
1319, supra; which was ordered to lie on the the Deaf.
Sec. 2705. Funding for grants for health care
table. Sec. 2010. Institute of Education Sciences.
providers to promote mental
Sec. 2011. Program administration.
health among their health pro-
Sec. 2012. Office of Inspector General.
f Sec. 2013. Modification of revenue require-
fessional workforce.
Sec. 2706. Funding for community-based
ments for proprietary institu- funding for local substance use
TEXT OF AMENDMENTS tions of higher education. disorder services.
SA 891. Mr. SCHUMER (for himself, PART 2—MISCELLANEOUS Sec. 2707. Funding for community-based
Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, Sec. 2021. National Endowment for the Arts. funding for local behavioral
Sec. 2022. National Endowment for the Hu- health needs.
Mr. PETERS, Mr. CARDIN, Ms. CANT- Sec. 2708. Funding for the National Child
manities.
WELL, Ms. STABENOW, Mr. TESTER, Mr. Traumatic Stress Network.
Sec. 2023. Institute of Museum and Library
MENENDEZ, Mr. SCHATZ, Mr. CARPER, Services. Sec. 2709. Funding for Project AWARE.
Mr. LEAHY, and Mr. SANDERS) proposed Subtitle B—Labor Matters Sec. 2710. Funding for youth suicide preven-
an amendment to the bill H.R. 1319, to tion.
Sec. 2101. Funding for Department of Labor Sec. 2711. Funding for behavioral health
provide for reconciliation pursuant to worker protection activities.
title II of S. Con. Res. 5; as follows: workforce education and train-
Subtitle C—Human Services and Community ing.
Strike all after the first word and insert Supports Sec. 2712. Funding for pediatric mental
the following: health care access.
Sec. 2201. Child Care and Development Block
TITLE. Sec. 2713. Funding for expansion grants for
Grant Program.
This Act may be cited as the ‘‘American Sec. 2202. Child Care Stabilization. certified community behavioral
Rescue Plan Act of 2021’’ Sec. 2203. Head Start. health clinics.
. Sec. 2204. Programs for survivors. Subtitle I—Exchange Grant Program
SEC. 2. TABLE OF CONTENTS. Sec. 2205. Child abuse prevention and treat- Sec. 2801. Establishing a grant program for
The table of contents for this Act is as fol- ment. Exchange modernization.
lows: Sec. 2206. Corporation for National and Com-
Subtitle J—Continued Assistance to Rail
Sec. 1. Short title. munity Service and the Na-
Workers
Sec. 2. Table of contents. tional Service Trust.
Sec. 2901. Additional enhanced benefits
TITLE I—COMMITTEE ON AGRICULTURE, Subtitle D—Public Health
under the Railroad Unemploy-
NUTRITION, AND FORESTRY Sec. 2301. Funding for COVID–19 vaccine ac- ment Insurance Act.
Subtitle A—Agriculture tivities at the Centers for Dis- Sec. 2902. Extended unemployment benefits
ease Control and Prevention. under the Railroad Unemploy-
Sec. 1001. Food supply chain and agriculture Sec. 2302. Funding for vaccine confidence ac-
pandemic response. ment Insurance Act.
tivities. Sec. 2903. Extension of waiver of the 7-day
Sec. 1002. Emergency rural development Sec. 2303. Funding for supply chain for
grants for rural health care. waiting period for benefits
COVID–19 vaccines, thera- under the Railroad Unemploy-
Sec. 1003. Pandemic program administration peutics, and medical supplies.
funds. ment Insurance Act.
Sec. 2304. Funding for COVID–19 vaccine, Sec. 2904. Railroad Retirement Board and
Sec. 1004. Funding for the USDA Office of In- therapeutic, and device activi- Office of the Inspector General
spector General for oversight of ties at the Food and Drug Ad- funding.
COVID–19-related programs. ministration.
Sec. 1005. Farm loan assistance for socially Subtitle K—Ratepayer Protection
Sec. 2305. Reduced cost-sharing.
disadvantaged farmers and Sec. 2911. Funding for LIHEAP.
Subtitle E—Testing
ranchers. Sec. 2912. Funding for water assistance pro-
Sec. 1006. USDA assistance and support for Sec. 2401. Funding for COVID–19 testing, gram.
socially disadvantaged farmers, contact tracing, and mitigation
Subtitle L—Assistance for Older Americans,
ranchers, forest land owners activities.
Grandfamilies, and Kinship Families
and operators, and groups. Sec. 2402. Funding for SARS–CoV–2 genomic
sequencing and surveillance. Sec. 2921. Supporting older americans and
Sec. 1007. Use of the Commodity Credit Cor-
Sec. 2403. Funding for global health. their families.
poration for commodities and
Sec. 2404. Funding for data modernization Sec. 2922. National Technical Assistance
associated expenses.
and forecasting center. Center on Grandfamilies and
Subtitle B—Nutrition Kinship Families.
Subtitle F—Public Health Workforce
Sec. 1101. Supplemental nutrition assistance TITLE III—COMMITTEE ON BANKING,
program. Sec. 2501. Funding for public health work-
HOUSING, AND URBAN AFFAIRS
Sec. 1102. Additional assistance for SNAP force.
Sec. 2502. Funding for Medical Reserve Subtitle A—Defense Production Act of 1950
online purchasing and tech-
nology improvements. Corps. Sec. 3101. COVID–19 emergency medical sup-
Sec. 1103. Additional funding for nutrition Subtitle G—Public Health Investments plies enhancement.
assistance programs. Sec. 2601. Funding for community health Subtitle B—Housing Provisions
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Sec. 1104. Commodity supplemental food centers and community care. Sec. 3201. Emergency rental assistance.
program. Sec. 2602. Funding for National Health Serv- Sec. 3202. Emergency housing vouchers.
Sec. 1105. Improvements to WIC benefits. ice Corps. Sec. 3203. Emergency assistance for rural
Sec. 1106. WIC program modernization. Sec. 2603. Funding for Nurse Corps. housing.
Sec. 1107. Meals and supplements reimburse- Sec. 2604. Funding for teaching health cen- Sec. 3204. Housing counseling.
ments for individuals who have ters that operate graduate med- Sec. 3205. Homelessness assistance and sup-
not attained the age of 25. ical education. portive services program.
Sec. 1108. Pandemic EBT program. Sec. 2605. Funding for family planning. Sec. 3206. Homeowner Assistance Fund.
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March 4, 2021 CONGRESSIONAL RECORD — SENATE S1129
Sec. 3207. Relief measures for section 502 and Sec. 7403. Funding for Department of Com- Subtitle D—Elder Justice and Support
504 direct loan borrowers. merce Inspector General. Guarantee
Sec. 3208. Fair housing activities. Sec. 7404. Federal Trade Commission fund- Sec. 9301. Additional funding for aging and
Subtitle C—Small Business (SSBCI) ing for COVID–19 related work. disability services programs.
Sec. 3301. State Small Business Credit Ini- Subtitle E—Science and Technology Subtitle E—Support to Skilled Nursing
tiative. Sec. 7501. National Institute of Standards Facilities in Response to COVID–19
Subtitle D—Public Transportation and Technology. Sec. 9401. Providing for infection control
Sec. 7502. National Science Foundation. support to skilled nursing fa-
Sec. 3401. Federal Transit Administration
grants. Subtitle F—Corporation for Public cilities through contracts with
Broadcasting quality improvement organiza-
TITLE IV—COMMITTEE ON HOMELAND
Sec. 7601. Support for the Corporation for tions.
SECURITY AND GOVERNMENTAL AF- Sec. 9402. Funding for strike teams for resi-
FAIRS Public Broadcasting.
TITLE VIII—COMMITTEE ON VETERANS’ dent and employee safety in
Sec. 4001. Emergency Federal Employee skilled nursing facilities.
Leave Fund. AFFAIRS
Sec. 8001. Funding for claims and appeals Subtitle F—Preserving Health Benefits for
Sec. 4002. Funding for the Government Ac- Workers
countability Office. processing.
Sec. 4003. Pandemic Response Account- Sec. 8002. Funding availability for medical Sec. 9501. Preserving health benefits for
ability Committee funding care and health needs. workers.
availability. Sec. 8003. Funding for supply chain mod- Subtitle G—Promoting Economic Security
Sec. 4004. Funding for the White House. ernization. PART 1—2021 RECOVERY REBATES TO
Sec. 4005. Federal Emergency Management Sec. 8004. Funding for State homes. INDIVIDUALS
Agency appropriation. Sec. 8005. Funding for the Department of
Veterans Affairs Office of In- Sec. 9601. 2021 recovery rebates to individ-
Sec. 4006. Funeral assistance. uals.
Sec. 4007. Emergency food and shelter pro- spector General.
Sec. 8006. Covid–19 veteran rapid retraining PART 2—CHILD TAX CREDIT
gram funding.
Sec. 4008. Humanitarian relief. assistance program. Sec. 9611. Child tax credit improvements for
Sec. 4009. Cybersecurity and Infrastructure Sec. 8007. Prohibition on copayments and 2021.
Security Agency. cost sharing for veterans during Sec. 9612. Application of child tax credit in
Sec. 4010. Appropriation for the United emergency relating to COVID– possessions.
States Digital Service. 19. PART 3—EARNED INCOME TAX CREDIT
Sec. 4011. Appropriation for the Technology Sec. 8008. Emergency Department of Vet-
Sec. 9621. Strengthening the earned income
Modernization Fund. erans Affairs Employee Leave
tax credit for individuals with
Sec. 4012. Appropriation for the Federal Cit- Fund.
no qualifying children.
izen Services Fund. TITLE IX—COMMITTEE ON FINANCE Sec. 9622. Taxpayer eligible for childless
Sec. 4013. AFG and SAFER program funding. Subtitle A—Crisis Support for Unemployed earned income credit in case of
Sec. 4014. Emergency management perform- Workers qualifying children who fail to
ance grant funding. PART 1—EXTENSION OF CARES ACT meet certain identification re-
TITLE V—COMMITTEE ON SMALL UNEMPLOYMENT PROVISIONS quirements.
BUSINESS AND ENTREPRENEURSHIP Sec. 9011. Extension of Pandemic Unemploy- Sec. 9623. Credit allowed in case of certain
Sec. 5001. Modifications to paycheck protec- ment Assistance. separated spouses.
tion program. Sec. 9012. Extension of emergency unem- Sec. 9624. Modification of disqualified in-
Sec. 5002. Targeted EIDL advance. ployment relief for govern- vestment income test.
Sec. 5003. Support for restaurants. mental entities and nonprofit Sec. 9625. Application of earned income tax
Sec. 5004. Community navigator pilot pro- organizations. credit in possessions of the
gram. Sec. 9013. Extension of Federal Pandemic United States.
Sec. 5005. Shuttered venue operators. Unemployment Compensation. Sec. 9626. Temporary special rule for deter-
Sec. 5006. Direct appropriations. Sec. 9014. Extension of full Federal funding mining earned income for pur-
of the first week of compen- poses of earned income tax
TITLE VI—COMMITTEE ON credit.
ENVIRONMENT AND PUBLIC WORKS sable regular unemployment for
States with no waiting week. PART 4—DEPENDENT CARE ASSISTANCE
Sec. 6001. Economic adjustment assistance.
Sec. 9015. Extension of emergency State Sec. 9631. Refundability and enhancement of
Sec. 6002. Funding for pollution and dis-
staffing flexibility. child and dependent care tax
parate impacts of the COVID–19
Sec. 9016. Extension of pandemic emergency credit.
pandemic.
unemployment compensation. Sec. 9632. Increase in exclusion for em-
Sec. 6003. United States Fish and Wildlife
Sec. 9017. Extension of temporary financing ployer-provided dependent care
Service.
of short-time compensation assistance.
TITLE VII—COMMITTEE ON COMMERCE, payments in States with pro- PART 5—CREDITS FOR PAID SICK AND FAMILY
SCIENCE, AND TRANSPORTATION grams in law. LEAVE
Subtitle A—Transportation and Sec. 9018. Extension of temporary financing
of short-time compensation Sec. 9641. Payroll credits.
Infrastructure
Sec. 9642. Credit for sick leave for certain
Sec. 7101. Grants to the National Railroad agreements for States without
self-employed individuals.
Passenger Corporation. programs in law.
Sec. 9643. Credit for family leave for certain
Sec. 7102. Relief for airports. PART 2—EXTENSION OF FFCRA self-employed individuals.
Sec. 7103. Emergency FAA Employee Leave UNEMPLOYMENT PROVISIONS
PART 6—EMPLOYEE RETENTION CREDIT
Fund. Sec. 9021. Extension of temporary assistance
Sec. 7104. Emergency TSA Employee Leave Sec. 9651. Extension of employee retention
for States with advances.
Fund. credit.
Sec. 9022. Extension of full Federal funding
Subtitle B—Aviation Manufacturing Jobs of extended unemployment PART 7—PREMIUM TAX CREDIT
Protection compensation. Sec. 9661. Improving affordability by ex-
Sec. 7201. Definitions. PART 3—DEPARTMENT OF LABOR FUNDING panding premium assistance for
Sec. 7202. Payroll support program. FOR TIMELY, ACCURATE, AND EQUITABLE consumers.
PAYMENT Sec. 9662. Temporary modification of limita-
Subtitle C—Airlines tions on reconciliation of tax
Sec. 7301. Air Transportation Payroll Sup- Sec. 9031. Funding for administration.
credits for coverage under a
port Program Extension. Sec. 9032. Funding for fraud prevention, eq-
qualified health plan with ad-
uitable access, and timely pay-
Subtitle D—Consumer Protection and vance payments of such credit.
ment to eligible workers.
Commerce Oversight Sec. 9663. Application of premium tax credit
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Subtitle B—Emergency Assistance to in case of individuals receiving
Sec. 7401. Funding for consumer product Families Through Home Visiting Programs
safety fund to protect con- unemployment compensation
Sec. 9101. Emergency assistance to families during 2021.
sumers from potentially dan-
through home visiting pro- PART 8—MISCELLANEOUS PROVISIONS
gerous products related to
grams.
COVID–19. Sec. 9671. Repeal of election to allocate in-
Sec. 7402. Funding for E-Rate support for Subtitle C—Emergency Assistance to terest, etc. on worldwide basis.
emergency educational connec- Children and Families Sec. 9672. Tax treatment of targeted EIDL
tions and devices. Sec. 9201. Pandemic Emergency Assistance. advances.
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S1130 CONGRESSIONAL RECORD — SENATE March 4, 2021
Sec. 9673. Tax treatment of restaurant revi- Sec. 9833. Funding for Office of Inspector Reduction; Hazard Analysis and Critical
talization grants. General. Control Point (HACCP) Systems’’ published
Sec. 9674. Modification of exceptions for re- Subtitle M—Coronavirus State and Local in the Federal Register on July 25, 1996 (61
porting of third party network Fiscal Recovery Funds Fed. Reg. 38806).
transactions. (2) OVERTIME INSPECTION COST REDUCTION.—
Sec. 9675. Modification of treatment of stu- Sec. 9901. Coronavirus State and Local Fis-
Notwithstanding section 10703 of the Farm
dent loan forgiveness. cal Recovery Funds.
Security and Rural Investment Act of 2002 (7
Subtitle H—Pensions Subtitle N—Other Provisions U.S.C. 2219a), the Act of June 5, 1948 (21
Sec. 9701. Temporary delay of designation of Sec. 9911. Funding for providers relating to U.S.C. 695), section 25 of the Poultry Prod-
multiemployer plans as in en- COVID–19. ucts Inspection Act (21 U.S.C. 468), and sec-
dangered, critical, or critical Sec. 9912. Extension of customs user fees. tion 24 of the Egg Products Inspection Act
and declining status. TITLE X—COMMITTEE ON FOREIGN (21 U.S.C. 1053), and any regulations promul-
Sec. 9702. Temporary extension of the fund- RELATIONS gated by the Department of Agriculture im-
ing improvement and rehabili- Sec. 10001. Department of State operations. plementing such provisions of law and sub-
tation periods for multiem- Sec. 10002. United States Agency for Inter- ject to the availability of funds under para-
ployer pension plans in critical national Development oper- graph (3), the Secretary of Agriculture shall
and endangered status for 2020 ations. reduce the amount of overtime inspection
or 2021. Sec. 10003. Global response. costs borne by federally-inspected small es-
Sec. 9703. Adjustments to funding standard Sec. 10004. Humanitarian response. tablishments and very small establishments
account rules. Sec. 10005. Multilateral assistance. engaged in meat, poultry, or egg products
Sec. 9704. Special financial assistance pro- processing and subject to the requirements
TITLE XI—COMMITTEE ON INDIAN
gram for financially troubled of the Federal Meat Inspection Act (21 U.S.C.
AFFAIRS
multiemployer plans. 601 et seq.), the Poultry Products Inspection
Sec. 9705. Extended amortization for single Sec. 11001. Indian Health Service. Act (21 U.S.C. 451 et seq.), or the Egg Prod-
employer plans. Sec. 11002. Bureau of Indian Affairs. ucts Inspection Act (21 U.S.C. 1031 et seq.),
Sec. 9706. Extension of pension funding sta- Sec. 11003. Housing assistance and sup- for inspection activities carried out during
bilization percentages for single portive services programs for the period of fiscal years 2021 through 2030.
employer plans. Native Americans. (3) FUNDING.—Out of the amounts made
Sec. 9707. Modification of special rules for Sec. 11004. COVID–19 response resources for available under subsection (a), the Secretary
minimum funding standards for the preservation and mainte- shall use $100,000,000 to carry out this sub-
community newspaper plans. nance of Native American lan- section.
Sec. 9708. Expansion of limitation on exces- guages. SEC. 1002. EMERGENCY RURAL DEVELOPMENT
sive employee remuneration. Sec. 11005. Bureau of Indian Education. GRANTS FOR RURAL HEALTH CARE.
Subtitle I—Child Care for Workers Sec. 11006. American Indian, Native Hawai- (a) GRANTS.—The Secretary of Agriculture
Sec. 9801. Child care assistance. ian, and Alaska Native edu- (in this section referred to as the ‘‘Sec-
cation. retary’’) shall use the funds made available
Subtitle J—Medicaid
TITLE I—COMMITTEE ON AGRICULTURE, by this section to establish an emergency
Sec. 9811. Mandatory coverage of COVID–19
NUTRITION, AND FORESTRY pilot program for rural development not
vaccines and administration
Subtitle A—Agriculture later than 150 days after the date of enact-
and treatment under Medicaid.
ment of this Act to provide grants to eligible
Sec. 9812. Modifications to certain coverage SEC. 1001. FOOD SUPPLY CHAIN AND AGRI-
applicants (as defined in section 3570.61(a) of
under Medicaid for pregnant CULTURE PANDEMIC RESPONSE.
title 7, Code of Federal Regulations) to be
and postpartum women. (a) APPROPRIATION.—In addition to
Sec. 9813. State option to provide qualifying awarded by the Secretary based on rural de-
amounts otherwise available, there is appro-
community-based mobile crisis velopment needs related to the COVID–19
priated to the Secretary of Agriculture for pandemic.
intervention services. fiscal year 2021, out of any money in the (b) USES.—An eligible applicant to whom a
Sec. 9814. Temporary increase in FMAP for Treasury not otherwise appropriated, grant is awarded under this section may use
medical assistance under State $4,000,000,000, to remain available until ex- the grant funds for costs, including those in-
Medicaid plans which begin to pended, to carry out this section. curred prior to the issuance of the grant, as
expend amounts for certain (b) USE OF FUNDS.—The Secretary of Agri- determined by the Secretary, of facilities
mandatory individuals. culture shall use the amounts made avail- which primarily serve rural areas (as defined
Sec. 9815. Extension of 100 percent Federal able pursuant to subsection (a)— in section 343(a)(13)(C) of the Consolidated
medical assistance percentage (1) to purchase food and agricultural com- Farm and Rural Development Act (7 U.S.C.
to Urban Indian Health Organi- modities; 1991(a)(13)(C)), which are located in a rural
zations and Native Hawaiian (2) to purchase and distribute agricultural area, the median household income of the
Health Care Systems. commodities (including fresh produce, dairy, population to be served by which is less than
Sec. 9816. Sunset of limit on maximum re- seafood, eggs, and meat) to individuals in the greater of the poverty line or the appli-
bate amount for single source need, including through delivery to nonprofit cable percentage (determined under section
drugs and innovator multiple organizations and through restaurants and 3570.63(b) of title 7, Code of Federal Regula-
source drugs. other food related entities, as determined by
Sec. 9817. Additional support for Medicaid tions) of the State nonmetropolitan median
the Secretary, that may receive, store, proc- household income, and for which the per-
home and community-based ess, and distribute food items; formance of any construction work com-
services during the COVID–19 (3) to make grants and loans for small or pleted with grant funds shall meet the condi-
emergency. midsized food processors or distributors, sea-
Sec. 9818. Funding for State strike teams for tion set forth in section 9003(f) of the Farm
food processing facilities and processing ves- Security and Rural Investment Act of 2002 (7
resident and employee safety in
sels, farmers markets, producers, or other U.S.C. 8103(f)), to—
nursing facilities.
Sec. 9819. Special rule for the period of a de- organizations to respond to COVID–19, in- (1) increase capacity for vaccine distribu-
clared public health emergency cluding for measures to protect workers tion;
related to coronavirus. against COVID–19; and (2) provide medical supplies to increase
(4) to make loans and grants and provide medical surge capacity;
Subtitle K—Children’s Health Insurance other assistance to maintain and improve (3) reimburse for revenue lost during the
Program food and agricultural supply chain resil- COVID–19 pandemic, including revenue losses
Sec. 9821. Mandatory coverage of COVID–19 iency. incurred prior to the awarding of the grant;
vaccines and administration (c) ANIMAL HEALTH.— (4) increase telehealth capabilities, includ-
and treatment under CHIP. (1) COVID–19 ANIMAL SURVEILLANCE.—The ing underlying health care information sys-
Sec. 9822. Modifications to certain coverage Secretary of Agriculture shall conduct moni- tems;
under CHIP for pregnant and toring and surveillance of susceptible ani- (5) construct temporary or permanent
postpartum women. mals for incidence of SARS–CoV–2. structures to provide health care services,
Subtitle L—Medicare (2) FUNDING.—Out of the amounts made including vaccine administration or testing;
Sec. 9831. Floor on the Medicare area wage available under subsection (a), the Secretary (6) support staffing needs for vaccine ad-
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index for hospitals in all-urban shall use $300,000,000 to carry out this sub- ministration or testing; and
States. section. (7) engage in any other efforts to support
Sec. 9832. Secretarial authority to tempo- (d) OVERTIME FEES.— rural development determined to be critical
rarily waive or modify applica- (1) SMALL ESTABLISHMENT; VERY SMALL ES- to address the COVID–19 pandemic, including
tion of certain Medicare re- TABLISHMENT DEFINITIONS.—The terms nutritional assistance to vulnerable individ-
quirements with respect to am- ‘‘small establishment’’ and ‘‘very small es- uals, as approved by the Secretary.
bulance services furnished dur- tablishment’’ have the meaning given those (c) FUNDING.—In addition to amounts oth-
ing certain emergency periods. terms in the final rule entitled ‘‘Pathogen erwise available, there is appropriated to the
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March 4, 2021 CONGRESSIONAL RECORD — SENATE S1131
Secretary for fiscal year 2021, out of any $1,010,000,000, to remain available until ex- not otherwise appropriated, $800,000,000, to
money in the Treasury not otherwise appro- pended, to carry out this section. remain available until September 30, 2022, to
priated, $500,000,000, to remain available (b) ASSISTANCE.—The Secretary of Agri- use the Commodity Credit Corporation to ac-
until September 30, 2023, to carry out this culture shall use the amounts made avail- quire and make available commodities under
section, of which not more than 3 percent able pursuant to subsection (a)— section 406(b) of the Food for Peace Act (7
may be used by the Secretary for adminis- (1) to provide outreach, mediation, finan- U.S.C. 1736(b)) and for expenses under such
trative purposes and not more than 2 percent cial training, capacity building training, co- section.
may be used by the Secretary for technical operative development training and support, Subtitle B—Nutrition
assistance as defined in section 306(a)(26) of and other technical assistance on issues con- SEC. 1101. SUPPLEMENTAL NUTRITION ASSIST-
the Consolidated Farm and Rural Develop- cerning food, agriculture, agricultural cred- ANCE PROGRAM.
ment Act (7 U.S.C. 1926(a)(26)). it, agricultural extension, rural develop- (a) VALUE OF BENEFITS.—Section 702(a) of
SEC. 1003. PANDEMIC PROGRAM ADMINISTRA- ment, or nutrition to socially disadvantaged division N of the Consolidated Appropria-
TION FUNDS. farmers, ranchers, or forest landowners, or tions Act, 2021 (Public Law 116–260) is amend-
In addition to amounts otherwise avail- other members of socially disadvantaged ed by striking ‘‘June 30, 2021’’ and inserting
able, there are appropriated for fiscal year groups; ‘‘September 30, 2021’’.
2021, out of any money in the Treasury not (2) to provide grants and loans to improve (b) SNAP ADMINISTRATIVE EXPENSES.—In
otherwise appropriated, $47,500,000, to remain land access for socially disadvantaged farm- addition to amounts otherwise available,
available until expended, for necessary ad- ers, ranchers, or forest landowners, including there is hereby appropriated for fiscal year
ministrative expenses associated with car- issues related to heirs’ property in a manner 2021, out of any amounts in the Treasury not
rying out this subtitle. as determined by the Secretary; otherwise appropriated, $1,150,000,000, to re-
SEC. 1004. FUNDING FOR THE USDA OFFICE OF
(3) to support the activities of one or more main available until September 30, 2023, with
INSPECTOR GENERAL FOR OVER- equity commissions that will address racial amounts to be obligated for each of fiscal
SIGHT OF COVID–19-RELATED PRO- equity issues within the Department of Agri- years 2021, 2022, and 2023, for the costs of
GRAMS. culture and its programs, using $5,000,000 of State administrative expenses associated
In addition to amounts otherwise made the amount made available pursuant to sub- with carrying out this section and admin-
available, there is appropriated to the Office section (a); istering the supplemental nutrition assist-
of the Inspector General of the Department (4) to support and supplement agricultural ance program established under the Food
of Agriculture for fiscal year 2021, out of any research, education, and extension, as well and Nutrition Act of 2008 (7 U.S.C. 2011 et
money in the Treasury not otherwise appro- as scholarships and programs that provide seq.), of which—
priated, $2,500,000, to remain available until internships and pathways to Federal employ- (1) $15,000,000 shall be for necessary ex-
September 30, 2022, for audits, investigations, ment, at— penses of the Secretary of Agriculture (in
and other oversight activities of projects and (A) colleges or universities eligible to re- this section referred to as the ‘‘Secretary’’)
activities carried out with funds made avail- ceive funds under the Act of August 30, 1890 for management and oversight of the pro-
able to the Department of Agriculture re- (commonly known as the ‘‘Second Morrill gram; and
lated to the COVID–19 pandemic. Act’’) (7 U.S.C. 321 et seq.), including (2) $1,135,000,000 shall be for the Secretary
SEC. 1005. FARM LOAN ASSISTANCE FOR SO- Tuskegee University; to make grants to each State agency for
CIALLY DISADVANTAGED FARMERS (B) 1994 Institutions (as defined in section each of fiscal years 2021 through 2023 as fol-
AND RANCHERS. 532 of the Equity in Educational Land-Grant lows:
(a) PAYMENTS.— Status Act of 1994 (7 U.S.C. 301 note; Public (A) 75 percent of the amounts available
(1) APPROPRIATION.—In addition to Law 103–382)); shall be allocated to States based on the
amounts otherwise available, there is appro- (C) Alaska Native serving institutions and share of each State of households that par-
priated to the Secretary for fiscal year 2021, Native Hawaiian serving institutions eligible ticipate in the supplemental nutrition assist-
out of amounts in the Treasury not other- to receive grants under subsections (a) and ance program as reported to the Department
wise appropriated, such sums as may be nec- (b), respectively, of section 1419B of the Na- of Agriculture for the most recent 12-month
essary, to remain available until expended, tional Agricultural Research, Extension, and period for which data are available, adjusted
for the cost of loan modifications and pay- Teaching Policy Act of 1977 (7 U.S.C. 3156); by the Secretary (as of the date of the enact-
ments under this section. (D) Hispanic-serving institutions eligible ment of this Act) for participation in dis-
(2) PAYMENTS.—The Secretary shall pro- to receive grants under section 1455 of the aster programs under section 5(h) of the
vide a payment in an amount up to 120 per- National Agricultural Research, Extension, Food and Nutrition Act of 2008 (7 U.S.C.
cent of the outstanding indebtedness of each and Teaching Policy Act of 1977 (7 U.S.C. 2014(h)); and
socially disadvantaged farmer or rancher as 3241); and (B) 25 percent of the amounts available
of January 1, 2021, to pay off the loan di- (E) the insular area institutions of higher shall be allocated to States based on the in-
rectly or to the socially disadvantaged farm- education located in the territories of the crease in the number of households that par-
er or rancher (or a combination of both), on United States, as referred to in section 1489 ticipate in the supplemental nutrition assist-
each— of the National Agricultural Research, Ex- ance program as reported to the Department
(A) direct farm loan made by the Secretary tension, and Teaching Policy Act of 1977 (7 of Agriculture over the most recent 12-
to the socially disadvantaged farmer or U.S.C. 3361); and month period for which data are available,
rancher; and (5) to provide financial assistance to so- adjusted by the Secretary (as of the date of
(B) farm loan guaranteed by the Secretary cially disadvantaged farmers, ranchers, or the enactment of this Act) for participation
the borrower of which is the socially dis- forest landowners that are former farm loan in disaster programs under section 5(h) of
advantaged farmer or rancher. borrowers that suffered related adverse ac- the Food and Nutrition Act of 2008 (7 U.S.C.
(b) DEFINITIONS.—In this section: tions or past discrimination or bias in De- 2014(h)).
(1) FARM LOAN.—The term ‘‘farm loan’’ partment of Agriculture programs, as deter- SEC. 1102. ADDITIONAL ASSISTANCE FOR SNAP
means— mined by the Secretary. ONLINE PURCHASING AND TECH-
(A) a loan administered by the Farm Serv- (c) DEFINITIONS.—In this section: NOLOGY IMPROVEMENTS.
ice Agency under subtitle A, B, or C of the (1) NONINDUSTRIAL PRIVATE FOREST LAND.— (a) FUNDING.—In addition to amounts oth-
Consolidated Farm and Rural Development The term ‘‘nonindustrial private forest land’’ erwise made available, there is appropriated
Act (7 U.S.C. 1922 et seq.); and has the meaning given the term in section for fiscal year 2021, out of any amounts in
(B) a Commodity Credit Corporation Farm 1201(a)(18) of the Food Security Act of 1985 the Treasury not otherwise appropriated,
Storage Facility Loan. (16 U.S.C. 3801(a)(18)). $25,000,000 to remain available through Sep-
(2) SECRETARY.—The term ‘‘Secretary’’ (2) SOCIALLY DISADVANTAGED FARMER, tember 30, 2026, to carry out this section.
means the Secretary of Agriculture. RANCHER, OR FOREST LANDOWNER.—The term (b) USE OF FUNDS.—The Secretary of Agri-
(3) SOCIALLY DISADVANTAGED FARMER OR ‘‘socially disadvantaged farmer, rancher, or culture may use the amounts made available
RANCHER.—The term ‘‘socially disadvantaged forest landowner’’ means a farmer, rancher, pursuant to subsection (a)—
farmer or rancher’’ has the meaning given or owner or operator of nonindustrial private (1) to make technological improvements to
the term in section 2501(a) of the Food, Agri- forest land who is a member of a socially dis- improve online purchasing in the supple-
culture, Conservation, and Trade Act of 1990 advantaged group. mental nutrition assistance program estab-
(7 U.S.C. 2279(a)). (3) SOCIALLY DISADVANTAGED GROUP.—The lished under the Food and Nutrition Act of
SEC. 1006. USDA ASSISTANCE AND SUPPORT FOR term ‘‘socially disadvantaged group’’ has the 2008 (7 U.S.C. 2011 et seq.);
(2) to modernize electronic benefit transfer
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SOCIALLY DISADVANTAGED FARM- meaning given the term in section 2501(a) of
ERS, RANCHERS, FOREST LAND the Food, Agriculture, Conservation, and technology;
OWNERS AND OPERATORS, AND Trade Act of 1990 (7 U.S.C. 2279(a)). (3) to support the mobile technologies dem-
GROUPS. SEC. 1007. USE OF THE COMMODITY CREDIT COR- onstration projects and the use of mobile
(a) APPROPRIATION.—In addition to PORATION FOR COMMODITIES AND technologies authorized under section
amounts otherwise available, there is appro- ASSOCIATED EXPENSES. 7(h)(14) of the Food and Nutrition Act of 2008
priated to the Secretary of Agriculture for In addition to amounts otherwise made (7 U.S.C. 2016(h)(14)); and
fiscal year 2021, out of any money in the available, there are appropriated for fiscal (4) to provide technical assistance to edu-
Treasury not otherwise appropriated, year 2021, out of any money in the Treasury cate retailers on the process and technical
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S1132 CONGRESSIONAL RECORD — SENATE March 4, 2021
requirements for the online acceptance of that public health emergency, the Secretary individuals who, at the time of such service
the supplemental nutrition assistance pro- may, in carrying out the program, increase have not attained the age of 25.
gram benefits, for mobile payments, and for the amount of a cash-value voucher under a (c) DEFINITIONS.—In this section:
electronic benefit transfer modernization qualified food package to an amount that is (1) EMERGENCY SHELTER.—The term ‘‘emer-
initiatives. less than or equal to $35. gency shelter’’ has the meaning given the
SEC. 1103. ADDITIONAL FUNDING FOR NUTRI- (c) APPLICATION OF INCREASED AMOUNT OF term under section 17(t)(1) of the Richard B.
TION ASSISTANCE PROGRAMS. CASH-VALUE VOUCHER TO STATE AGENCIES.— Russell National School Lunch Act (42 U.S.C.
Section 704 of division N of the Consoli- (1) NOTIFICATION.—An increase to the 1766(t)(1)).
dated Appropriations Act, 2021 (Public Law amount of a cash-value voucher under sub- (2) SECRETARY.—The term ‘‘Secretary’’
116–260) is amended— section (b) shall apply to any State agency means the Secretary of Agriculture.
(1) by striking ‘‘In addition’’ and inserting that notifies the Secretary of— SEC. 1108. PANDEMIC EBT PROGRAM.
the following: (A) the intent to use that increased Section 1101 of the Families First
‘‘(a) COVID–19 RESPONSE FUNDING.—In ad- amount, without further application; and Coronavirus Response Act (7 U.S.C. 2011 note;
dition’’; and (B) the applicable period selected by the Public Law 116–127) is amended—
(2) by adding at the end the following— State agency during which that increased (1) in subsection (a)—
‘‘(b) ADDITIONAL FUNDING.—In addition to amount shall apply. (A) by striking ‘‘During fiscal years 2020
any other funds made available, there is ap- (2) USE OF INCREASED AMOUNT.—A State and 2021’’ and inserting ‘‘In any school year
propriated for fiscal year 2021, out of any agency that makes a notification to the Sec- in which there is a public health emergency
money in the Treasury not otherwise appro- retary under paragraph (1) shall use the in- designation’’; and
priated, $1,000,000,000 to remain available creased amount described in that para- (B) by inserting ‘‘or in a covered summer
until September 30, 2027, for the Secretary of graph— period following a school session’’ after ‘‘in
Agriculture to provide grants to the Com- (A) during the applicable period described session’’;
monwealth of Northern Mariana Islands, in that notification; and (2) in subsection (g), by striking ‘‘During
Puerto Rico, and American Samoa for nutri- (B) only during a single applicable period. fiscal year 2020, the’’ and inserting ‘‘The’’;
tion assistance, of which $30,000,000 shall be (d) SUNSET.—The authority of the Sec-
(3) in subsection (h)(1)—
available to provide grants to the Common- retary under subsection (b), and the author-
(A) by inserting ‘‘either’’ after ‘‘at least 1
wealth of Northern Mariana Islands for such ity of a State agency to increase the amount
child enrolled in such a covered child care fa-
assistance.’’. of a cash-value voucher under subsection (c),
cility and’’; and
SEC. 1104. COMMODITY SUPPLEMENTAL FOOD shall terminate on September 30, 2021.
(e) FUNDING.—In addition to amounts oth- (B) by inserting ‘‘or a Department of Agri-
PROGRAM. culture grant-funded nutrition assistance
erwise made available, there is appropriated
In addition to amounts otherwise made program in the Commonwealth of the North-
to the Secretary, out of funds in the Treas-
available, there is appropriated for fiscal ern Mariana Islands, Puerto Rico, or Amer-
ury not otherwise appropriated, $490,000,000
year 2021, out of any money in the Treasury ican Samoa’’ before ‘‘shall be eligible to re-
to carry out this section, to remain available
not otherwise appropriated, $37,000,000, to re- ceive assistance’’;
until September 30, 2022.
main available until September 30, 2022, for (4) by redesignating subsections (i) and (j)
SEC. 1106. WIC PROGRAM MODERNIZATION.
activities authorized by section 4(a) of the as subsections (j) and (k), respectively;
Agriculture and Consumer Protection Act of In addition to amounts otherwise avail-
able, there are appropriated to the Secretary (5) by inserting after subsection (h) the fol-
1973 (7 U.S.C. 612c note). lowing:
of Agriculture, out of amounts in the Treas-
SEC. 1105. IMPROVEMENTS TO WIC BENEFITS. ‘‘(i) EMERGENCIES DURING SUMMER.—The
ury not otherwise appropriated, $390,000,000
(a) DEFINITIONS.—In this section: for fiscal year 2021, to remain available until Secretary of Agriculture may permit a State
(1) APPLICABLE PERIOD.—The term ‘‘appli- September 30, 2024, to carry out outreach, in- agency to extend a State agency plan ap-
cable period’’ means a period— novation, and program modernization ef- proved under subsection (b) for not more
(A) beginning after the date of enactment forts, including appropriate waivers and than 90 days for the purpose of operating the
of this Act, as selected by a State agency; flexibility, to increase participation in and plan during a covered summer period, during
and redemption of benefits under programs es- which time schools participating in the
(B) ending not later than the earlier of— tablished under section 17 of the Child Nutri- school lunch program under the Richard B.
(i) 4 months after the date described in tion Act of 1966 (7 U.S.C. 1431), except that Russell National School Lunch Act or the
subparagraph (A); or such waivers may not relate to the content school breakfast program under section 4 of
(ii) September 30, 2021. of the WIC Food Packages (as defined in sec- the Child Nutrition Act of 1966 (42 U.S.C.
(2) CASH-VALUE VOUCHER.—The term ‘‘cash- tion 246.10(e) of title 7, Code of Federal Regu- 1773) and covered child care facilities shall be
value voucher’’ has the meaning given the lations (as in effect on the date of enactment deemed closed for purposes of this section.’’;
term in section 246.2 of title 7, Code of Fed- of this Act)), or the nondiscrimination re- (6) in subsection (j) (as so redesignated)—
eral Regulations (as in effect on the date of quirements under section 246.8 of title 7, (A) by redesignating paragraphs (2)
the enactment of this Act). Code of Federal Regulations (as in effect on through (6) as paragraphs (3) through (7), re-
(3) PROGRAM.—The term ‘‘program’’ means the date of enactment of this Act). spectively;
the special supplemental nutrition program (B) by inserting after paragraph (1) the fol-
SEC. 1107. MEALS AND SUPPLEMENTS REIM-
for women, infants, and children established BURSEMENTS FOR INDIVIDUALS lowing:
by section 17 of the Child Nutrition Act of WHO HAVE NOT ATTAINED THE AGE ‘‘(2) COVERED SUMMER PERIOD.—The term
1966 (42 U.S.C. 1786). OF 25. ‘covered summer period’ means a summer
(4) QUALIFIED FOOD PACKAGE.—The term (a) PROGRAM FOR AT-RISK SCHOOL CHIL- period that follows a school year during
‘‘qualified food package’’ means each of the DREN.—Beginning on the date of enactment which there was a public health emergency
following food packages (as defined in sec- of this section, notwithstanding paragraph designation.’’; and
tion 246.10(e) of title 7, Code of Federal Regu- (1)(A) of section 17(r) of the Richard B. Rus- (C) in paragraph (5) (as so redesignated), by
lations (as in effect on the date of the enact- sell National School Lunch Act (42 U.S.C. striking ‘‘or another coronavirus with pan-
ment of this Act)): 1766(r)), during the COVID–19 public health demic potential’’; and
(A) Food package III–Participants with emergency declared under section 319 of the (7) in subsection (k) (as so redesignated),
qualifying conditions. Public Health Service Act (42 U.S.C. 247d), by inserting ‘‘Federal agencies,’’ before
(B) Food Package IV–Children 1 through 4 the Secretary shall reimburse institutions ‘‘State agencies’’.
years. that are emergency shelters under such sec- TITLE II—COMMITTEE ON HEALTH,
(C) Food Package V–Pregnant and par- tion 17(r) (42 U.S.C. 1766(r)) for meals and EDUCATION, LABOR, AND PENSIONS
tially (mostly) breastfeeding women. supplements served to individuals who, at Subtitle A—Education Matters
(D) Food Package VI–Postpartum women. the time of such service—
(E) Food Package VII–Fully breastfeeding. (1) have not attained the age of 25; and PART 1—DEPARTMENT OF EDUCATION
(5) SECRETARY.—The term ‘‘Secretary’’ (2) are receiving assistance, including non- SEC. 2001.ELEMENTARY AND SECONDARY
means the Secretary of Agriculture. residential assistance, from such emergency SCHOOL EMERGENCY RELIEF FUND.
(6) STATE AGENCY.—The term ‘‘State agen- shelter. (a) IN GENERAL.—In addition to amounts
cy’’ has the meaning given the term in sec- (b) PARTICIPATION BY EMERGENCY SHEL- otherwise available through the Education
tion 17(b) of the Child Nutrition Act of 1966 TERS.—Beginning on the date of enactment Stabilization Fund, there is appropriated to
(42 U.S.C. 1786(b)). of this section, notwithstanding paragraph the Department of Education for fiscal year
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(b) AUTHORITY TO INCREASE AMOUNT OF (5)(A) of section 17(t) of the Richard B. Rus- 2021, out of any money in the Treasury not
CASH-VALUE VOUCHER.—During the public sell National School Lunch Act (42 U.S.C. otherwise appropriated, $125,804,800,000, to re-
health emergency declared by the Secretary 1766(t)), during the COVID–19 public health main available through September 30, 2023,
of Health and Human Services under section emergency declared under section 319 of the to carry out this section.
319 of the Public Health Service Act (42 Public Health Service Act (42 U.S.C. 247d), (b) GRANTS.—From funds provided under
U.S.C. 247d) on January 31, 2020, with respect the Secretary shall reimburse emergency subsection (a), the Secretary shall make
to the Coronavirus Disease 2019 (COVID–19), shelters under such section 17(t) (42 U.S.C. grants to each State educational agency in
and in response to challenges relating to 1766(t)) for meals and supplements served to accordance with this section.
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March 4, 2021 CONGRESSIONAL RECORD — SENATE S1133
(c) ALLOCATIONS TO STATES.—The amount learning to all students, providing guidance sive afterschool programs, or extended
of each grant under subsection (b) shall be for carrying out requirements under the In- school year programs, and ensure that such
allocated by the Secretary to each State in dividuals with Disabilities Education Act interventions respond to students’ academic,
the same proportion as each State received and ensuring other educational services can social, and emotional needs and address the
under part A of title I of the Elementary and continue to be provided consistent with all disproportionate impact of the coronavirus
Secondary Education Act of 1965 in the most Federal, State, and local requirements. on the student subgroups described in sec-
recent fiscal year. (K) Purchasing educational technology (in- tion 1111(b)(2)(B)(xi) of the Elementary and
(d) SUBGRANTS TO LOCAL EDUCATIONAL cluding hardware, software, and Secondary Education Act of 1965 (20 U.S.C.
AGENCIES.— connectivity) for students who are served by 6311(b)(2)(B)(xi)), students experiencing
(1) IN GENERAL.—Each State shall allocate the local educational agency that aids in homelessness, and children and youth in fos-
not less than 87.5 percent of the grant funds regular and substantive educational inter- ter care, including by providing additional
awarded to the State under this section as action between students and their classroom support to local educational agencies to
subgrants to local educational agencies (in- instructors, including low-income students fully address such impacts;
cluding charter schools that are local edu- and children with disabilities, which may in- (2) shall reserve not less than 1 percent of
cational agencies) in the State in proportion clude assistive technology or adaptive equip- the total amount of grant funds awarded to
to the amount of funds such local edu- ment. the State under this section to carry out, di-
cational agencies and charter schools that (L) Providing mental health services and rectly or through grants or contracts, the
are local educational agencies received under supports, including through the implementa- implementation of evidence-based summer
part A of title I of the Elementary and Sec- tion of evidence-based full-service commu- enrichment programs, and ensure such pro-
ondary Education Act of 1965 in the most re- nity schools. grams respond to students’ academic, social,
cent fiscal year. (M) Planning and implementing activities and emotional needs and address the dis-
(2) AVAILABILITY OF FUNDS.—Each State related to summer learning and supple- proportionate impact of the coronavirus on
shall make allocations under paragraph (1) mental afterschool programs, including pro- the student populations described in section
to local educational agencies in an expedited viding classroom instruction or online learn- 1111(b)(2)(B)(xi) of the Elementary and Sec-
and timely manner and, to the extent prac- ing during the summer months and address- ondary Education Act of 1965 (20 U.S.C.
ticable, not later than 60 days after the re- ing the needs of low-income students, chil- 6311(b)(2)(B)(xi)), students experiencing
ceipt of such funds. dren with disabilities, English learners, mi- homelessness, and children and youth in fos-
(e) USES OF FUNDS.—A local educational grant students, students experiencing home- ter care;
agency that receives funds under this sec- lessness, and children in foster care. (3) shall reserve not less than 1 percent of
tion— (N) Addressing learning loss among stu- the total amount of grant funds awarded to
(1) shall reserve not less than 20 percent of dents, including low-income students, chil- the State under this section to carry out, di-
such funds to address learning loss through dren with disabilities, English learners, ra- rectly or through grants or contracts, the
the implementation of evidence-based inter- cial and ethnic minorities, students experi- implementation of evidence-based com-
ventions, such as summer learning or sum- encing homelessness, and children and youth prehensive afterschool programs, and ensure
mer enrichment, extended day, comprehen- in foster care, of the local educational agen- such programs respond to students’ aca-
sive afterschool programs, or extended cy, including by— demic, social, and emotional needs and ad-
school year programs, and ensure that such (i) administering and using high-quality dress the disproportionate impact of the
interventions respond to students’ academic, assessments that are valid and reliable, to coronavirus on the student populations de-
social, and emotional needs and address the accurately assess students’ academic scribed in section 1111(b)(2)(B)(xi) of the Ele-
disproportionate impact of the coronavirus progress and assist educators in meeting stu- mentary and Secondary Education Act of
on the student subgroups described in sec- dents’ academic needs, including through 1965 (20 U.S.C. 6311(b)(2)(B)(xi)), students ex-
tion 1111(b)(2)(B)(xi) of the Elementary and differentiating instruction; periencing homelessness, and children and
Secondary Education Act of 1965 (20 U.S.C. (ii) implementing evidence-based activities youth in foster care;
6311(b)(2)(B)(xi)), students experiencing to meet the comprehensive needs of stu- (4) shall reserve 2.5 percent of the total
homelessness, and children and youth in fos- dents; amount of grant funds awarded to the State
ter care; and (iii) providing information and assistance under this section to carry out, directly or
(2) shall use the remaining funds for any of to parents and families on how they can ef- through grants or contracts, the purchase of
the following: fectively support students, including in a educational technology (including hardware,
(A) Any activity authorized by the Ele- distance learning environment; and software, and connectivity) for students who
mentary and Secondary Education Act of (iv) tracking student attendance and im- are served by the local educational agencies
1965. proving student engagement in distance edu- in the State that aids in regular and sub-
(B) Any activity authorized by the Individ- cation. stantive educational interaction between
uals with Disabilities Education Act. (O) School facility repairs and improve- students and their classroom instructors, in-
(C) Any activity authorized by the Adult ments to enable operation of schools to re- cluding low-income students and children
Education and Family Literacy Act. duce risk of virus transmission and exposure with disabilities, which may include assist-
(D) Any activity authorized by the Carl D. to environmental health hazards, and to sup- ive technology or adaptive equipment; and
Perkins Career and Technical Education Act port student health needs. (5) may reserve not more than one-half of
of 2006. (P) Inspection, testing, maintenance, re- 1 percent of the total amount of grant funds
(E) Coordination of preparedness and re- pair, replacement, and upgrade projects to awarded to the State under this section for
sponse efforts of local educational agencies improve the indoor air quality in school fa- administrative costs and the remainder for
with State, local, Tribal, and territorial pub- cilities, including mechanical and non-me- emergency needs as determined by the State
lic health departments, and other relevant chanical heating, ventilation, and air condi- educational agency to address issues re-
agencies, to improve coordinated responses tioning systems, filtering, purification and sponding to coronavirus, which may be ad-
among such entities to prevent, prepare for, other air cleaning, fans, control systems, and dressed through the use of grants or con-
and respond to coronavirus. window and door repair and replacement. tracts.
(F) Activities to address the unique needs (Q) Developing strategies and imple- (g) REALLOCATION.—A State shall return to
of low-income children or students, children menting public health protocols including, the Secretary any funds received under this
with disabilities, English learners, racial and to the greatest extent practicable, policies in section that the State does not award within
ethnic minorities, students experiencing line with guidance from the Centers for Dis- 1 year of receiving such funds and the Sec-
homelessness, and foster care youth, includ- ease Control and Prevention for the reopen- retary shall reallocate such funds to the re-
ing how outreach and service delivery will ing and operation of school facilities to ef- maining States in accordance with sub-
meet the needs of each population. fectively maintain the health and safety of section (c).
(G) Developing and implementing proce- students, educators, and other staff. (h) DEFINITIONS.—In this section—
dures and systems to improve the prepared- (R) Other activities that are necessary to (1) the terms ‘‘child’’, ‘‘children with dis-
ness and response efforts of local educational maintain the operation of and continuity of abilities’’, ‘‘distance education’’, ‘‘elemen-
agencies. services in local educational agencies and tary school’’, ‘‘English learner’’, ‘‘evidence-
(H) Training and professional development continuing to employ existing staff of the based’’, ‘‘secondary school’’, ‘‘local edu-
for staff of the local educational agency on local educational agency. cational agency’’, ‘‘parent’’, ‘‘Secretary’’,
sanitation and minimizing the spread of in- (f) STATE FUNDING.—With funds not other- ‘‘State educational agency’’, and ‘‘tech-
fectious diseases. wise allocated under subsection (d), a State— nology’’ have the meanings given those
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(I) Purchasing supplies to sanitize and (1) shall reserve not less than 5 percent of terms in section 8101 of the Elementary and
clean the facilities of a local educational the total amount of grant funds awarded to Secondary Education Act of 1965 (20 U.S.C.
agency, including buildings operated by such the State under this section to carry out, di- 7801);
agency. rectly or through grants or contracts, activi- (2) the term ‘‘full-service community
(J) Planning for, coordinating, and imple- ties to address learning loss by supporting school’’ has the meaning given that term in
menting activities during long-term clo- the implementation of evidence-based inter- section 4622(2) of the Elementary and Sec-
sures, including providing meals to eligible ventions, such as summer learning or sum- ondary Education Act of 1965 (20 U.S.C.
students, providing technology for online mer enrichment, extended day, comprehen- 7272(2)); and
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S1134 CONGRESSIONAL RECORD — SENATE March 4, 2021
(3) the term ‘‘State’’ means each of the 50 (D) subsections (e) and (f) of such section (ii) the number of children enrolled in all
States, the District of Columbia, and the 314; and schools served by the local educational agen-
Commonwealth of Puerto Rico. (E) section 316 of the Coronavirus Response cy in such fiscal year.
SEC. 2002. EMERGENCY ASSISTANCE TO NON- and Relief Supplemental Appropriations Act, (2) EXCEPTION.—Paragraph (1) shall not
PUBLIC SCHOOLS. 2021 (division M of Public Law 116–260); and apply to a local educational agency in fiscal
(a) IN GENERAL.—In addition to amounts (7) an institution that receives an alloca- year 2022 or 2023 that meets at least 1 of the
otherwise available through the Emergency tion under this section apportioned in ac- following criteria in such fiscal year:
Assistance to Non-Public Schools Program, cordance with subparagraphs (A) through (D) (A) Such local educational agency has a
there is appropriated to the Department of of subsection (a)(1) of such section 314 shall total enrollment of less than 1,000 students.
Education for fiscal year 2021, out of any use not less than 50 percent of such alloca- (B) Such local educational agency operates
money in the Treasury not otherwise appro- tion to provide emergency financial aid a single school.
priated, $2,750,000,000, to remain available grants to students in accordance with sub- (C) Such local educational agency serves
through September 30, 2023, for making allo- section (c)(3) of such section 314. all students within each grade span with a
cations to Governors under the Emergency SEC. 2004. MAINTENANCE OF EFFORT AND MAIN- single school.
Assistance to Non-Public Schools Program TENANCE OF EQUITY. (D) Such local educational agency dem-
to provide services or assistance to non-pub- (a) STATE MAINTENANCE OF EFFORT.— onstrates an exceptional or uncontrollable
lic schools that enroll a significant percent- (1) IN GENERAL.—As a condition of receiv- circumstance, such as unpredictable changes
age of low-income students and are most im- ing funds under section 2001, a State shall in student enrollment or a precipitous de-
pacted by the qualifying emergency. maintain support for elementary and sec- cline in the financial resources of such agen-
(b) LIMITATIONS.—Funds provided under ondary education, and for higher education cy, as determined by the Secretary of Edu-
subsection (a) shall not be used to provide re- cation.
(which shall include State funding to institu-
(d) DEFINITIONS.—In this section:
imbursements to any non-public school. tions of higher education and State need- (1) ELEMENTARY EDUCATION; SECONDARY
SEC. 2003. HIGHER EDUCATION EMERGENCY RE- based financial aid, and shall not include EDUCATION.—The terms ‘‘elementary edu-
LIEF FUND. support for capital projects or for research cation’’ and ‘‘secondary education’’ have the
In addition to amounts otherwise avail- and development or tuition and fees paid by meaning given such terms under State law.
able, there is appropriated to the Depart- students), in each of fiscal years 2022 and 2023 (2) HIGHEST POVERTY LOCAL EDUCATIONAL
ment of Education for fiscal year 2021, out of at least at the proportional levels of such AGENCY.—The term ‘‘highest poverty local
any money in the Treasury not otherwise ap- State’s support for elementary and sec- educational agency’’ means a local edu-
propriated, $39,584,570,000, to remain avail- ondary education and for higher education cational agency that is among the group of
able through September 30, 2023, for making relative to such State’s overall spending, local educational agencies in the State
allocations to institutions of higher edu- averaged over fiscal years 2017, 2018, and 2019. that—
cation in accordance with the same terms (2) WAIVER.—For the purpose of relieving (A) in rank order, have the highest per-
and conditions of section 314 of the fiscal burdens incurred by States in pre- centages of economically disadvantaged stu-
Coronavirus Response and Relief Supple- venting, preparing for, and responding to the dents in the State, on the basis of the most
mental Appropriations Act, 2021 (division M coronavirus, the Secretary of Education may recent satisfactory data available from the
of Public Law 116–260), except that— waive any maintenance of effort require- Department of Commerce (or, for local edu-
(1) subsection (a)(1) of such section 314 ments associated with the Education Sta- cational agencies for which no such data are
shall be applied by substituting ‘‘91 percent’’ bilization Fund. available, such other data as the Secretary
for ‘‘89 percent’’; (b) STATE MAINTENANCE OF EQUITY.— of Education determines are satisfactory);
(2) subsection (a)(2) of such section 314 (1) HIGH-NEED LOCAL EDUCATIONAL AGEN- and
shall be applied— CIES.—As a condition of receiving funds (B) collectively serve not less than 20 per-
(A) in the matter preceding subparagraph under section 2001, a State educational agen- cent of the State’s total enrollment of stu-
(A), by substituting ‘‘under the heading cy shall not, in fiscal year 2022 or 2023, re- dents served by all local educational agen-
‘Higher Education’ in the Department of duce State funding (as calculated on a per- cies in the State.
Education Appropriations Act, 2020’’ for ‘‘in pupil basis) for any high-need local edu- (3) HIGH-NEED LOCAL EDUCATIONAL AGEN-
the Further Consolidated Appropriations cational agency in the State by an amount CY.—The term ‘‘high-need local educational
Act, 2020 (Public Law 116–94)’’; and that exceeds the overall per-pupil reduction agency’’ means a local educational agency
(B) in subparagraph (B), by substituting in State funds, if any, across all local edu- that is among the group of local educational
‘‘under the heading ‘Higher Education’ in the cational agencies in such State in such fiscal agencies in the State that—
Department of Education Appropriations year. (A) in rank order, have the highest per-
Act, 2020’’ for ‘‘in the Further Consolidated (2) HIGHEST POVERTY LOCAL EDUCATIONAL centages of economically disadvantaged stu-
Appropriations Act, 2020 (Public Law 116– AGENCIES.—Notwithstanding paragraph (1), dents in the State, on the basis of the most
94)’’; as a condition of receiving funds under sec- recent satisfactory data available from the
(3) an institution that receives an alloca- tion 2001, a State educational agency shall Department of Commerce (or, for local edu-
tion apportioned in accordance with clause not, in fiscal year 2022 or 2023, reduce State cational agencies for which no such data are
(iii) of subsection (a)(2)(A) of such section 314 funding (as calculated on a per-pupil basis) available, such other data as the Secretary
that has a total endowment size of less than for any highest poverty local educational of Education determines are satisfactory);
$1,000,000 (including an institution that does agency below the level of funding (as cal- and
not have an endowment) shall be treated by culated on a per-pupil basis) provided to each (B) collectively serve not less than 50 per-
the Secretary as having a total endowment such local educational agency in fiscal year cent of the State’s total enrollment of stu-
size of $1,000,000 for the purposes of such 2019. dents served by all local educational agen-
clause (iii); (c) LOCAL EDUCATIONAL AGENCY MAINTE- cies in the State.
(4) subsection (a)(4) of such section 314 NANCE OF EQUITY FOR HIGH-POVERTY (4) HIGH-POVERTY SCHOOL.—
shall be applied by substituting ‘‘1 percent’’ SCHOOLS.— (A) IN GENERAL.—The term ‘‘high-poverty
for ‘‘3 percent’’; (1) IN GENERAL.—As a condition of receiv- school’’ means, with respect to a school
(5) except as provided in paragraphs (7) and ing funds under section 2001, a local edu- served by a local educational agency, a
(9) of subsection (d) of such section 314, an cational agency shall not, in fiscal year 2022 school that is in the highest quartile of
institution shall use a portion of funds re- or 2023— schools served by such local educational
ceived under this section to— (A) reduce per-pupil funding (from com- agency based on the percentage of economi-
(A) implement evidence-based practices to bined State and local funding) for any high- cally disadvantaged students served, as de-
monitor and suppress coronavirus in accord- poverty school served by such local edu- termined by the State in accordance with
ance with public health guidelines; and cational agency by an amount that exceeds— subparagraph (B).
(B) conduct direct outreach to financial (i) the total reduction in local educational (B) DETERMINATION.—In making the deter-
aid applicants about the opportunity to re- agency funding (from combined State and mination under subparagraph (A), a State
ceive a financial aid adjustment due to the local funding) for all schools served by the shall select a measure of poverty established
recent unemployment of a family member or local educational agency in such fiscal year for the purposes of this paragraph by the
independent student, or other circumstances, (if any); divided by Secretary of Education and apply such meas-
described in section 479A of the Higher Edu- (ii) the number of children enrolled in all ure consistently to all schools in the State.
cation Act of 1965 (20 U.S.C. 1087tt); schools served by the local educational agen- (5) OVERALL PER-PUPIL REDUCTION IN STATE
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(6) the following shall not apply to funds cy in such fiscal year; or FUNDS.—The term ‘‘overall per-pupil reduc-
provided or received in accordance with this (B) reduce per-pupil, full-time equivalent tion in State funds’’ means, with respect to
section— staff in any high-poverty school by an a fiscal year—
(A) subsection (b) of such section 314; amount that exceeds— (A) the amount of any reduction in the
(B) paragraph (2) of subsection (c) of such (i) the total reduction in full-time equiva- total amount of State funds provided to all
section 314; lent staff in all schools served by such local local educational agencies in the State in
(C) paragraphs (1), (2), (4), (5), (6), and (8) of educational agency in such fiscal year (if such fiscal year compared to the total
subsection (d) of such section 314; any); divided by amount of such funds provided to all local
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March 4, 2021 CONGRESSIONAL RECORD — SENATE S1135
educational agencies in the State in the pre- tion to distance education, faculty and staff for, respond to, and recover from the
vious fiscal year; divided by training, and payroll) and to provide finan- coronavirus.
(B) the aggregate number of children en- cial aid grants to students, which may be (2) Sixty percent shall be for direct grants,
rolled in all schools served by all local edu- used for any component of the student’s cost and relevant administrative expenses, that
cational agencies in the State in the fiscal of attendance. support organizations’ programming and
year for which the determination is being SEC. 2010. INSTITUTE OF EDUCATION SCIENCES. general operating expenses to cover up to 100
made. In addition to amounts otherwise avail- percent of the costs of the programs which
(6) STATE.—The term ‘‘State’’ means each able, there is appropriated to the Depart- the grants support, to prevent, prepare for,
of the 50 States, the District of Columbia, ment of Education for fiscal year 2021, out of respond to, and recover from the
and the Commonwealth of Puerto Rico. any money in the Treasury not otherwise ap- coronavirus.
SEC. 2005. OUTLYING AREAS. propriated, $100,000,000, to remain available SEC. 2022. NATIONAL ENDOWMENT FOR THE HU-
In addition to amounts otherwise avail- through September 30, 2023, for the Institute MANITIES.
able, there is appropriated to the Depart- of Education Sciences to carry out research In addition to amounts otherwise avail-
ment of Education for fiscal year 2021, out of related to addressing learning loss caused by able, there is appropriated for fiscal year
any money in the Treasury not otherwise ap- the coronavirus among the student sub- 2021, out of any money in the Treasury not
propriated, $850,000,000, to remain available groups described in section 1111(b)(2)(B)(xi) otherwise appropriated, $135,000,000, to re-
through September 30, 2023, for the Secretary of the Elementary and Secondary Education main available until expended, under the Na-
of Education to allocate awards to the out- Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi)) and tional Foundation on the Arts and the Hu-
lying areas on the basis of their respective students experiencing homelessness and chil- manities Act of 1965, as follows:
needs, as determined by the Secretary, to be dren and youth in foster care, and to dis- (1) Forty percent shall be for grants, and
allocated not more than 30 calendar days seminate such findings to State educational relevant administrative expenses, to State
after the date of enactment of this Act. agencies and local educational agencies and humanities councils that support humanities
SEC. 2006. GALLAUDET UNIVERSITY. other appropriate entities. organizations’ programming and general op-
In addition to amounts otherwise avail- SEC. 2011. PROGRAM ADMINISTRATION. erating expenses to cover up to 100 percent of
able, there is appropriated to the Depart- the costs of the programs which the grants
In addition to amounts otherwise avail-
ment of Education for fiscal year 2021, out of support, to prevent, prepare for, respond to,
able, there is appropriated to the Depart-
any money in the Treasury not otherwise ap- and recover from the coronavirus.
ment of Education for fiscal year 2021, out of
propriated, $19,250,000, to remain available (2) Sixty percent shall be for direct grants,
any money in the Treasury not otherwise ap-
through September 30, 2023, for the Kendall and relevant administrative expenses, that
propriated, $15,000,000, to remain available
Demonstration Elementary School, the support humanities organizations’ program-
through September 30, 2024, for Program Ad-
Model Secondary School for the Deaf, and ming and general operating expenses to
ministration within the Department of Edu-
Gallaudet University to prevent, prepare for, cover up to 100 percent of the costs of the
cation to prevent, prepare for, and respond
and respond to coronavirus, including to de- programs which the grants support, to pre-
to coronavirus, and for salaries and expenses
fray expenses associated with coronavirus vent, prepare for, respond to, and recover
necessary to implement this part.
(including lost revenue, reimbursement for from the coronavirus.
SEC. 2012. OFFICE OF INSPECTOR GENERAL.
expenses already incurred, technology costs SEC. 2023. INSTITUTE OF MUSEUM AND LIBRARY
associated with a transition to distance edu- In addition to amounts otherwise avail- SERVICES.
cation, faculty and staff trainings, and pay- able, there is appropriated to the Depart- In addition to amounts otherwise avail-
roll) and to provide financial aid grants to ment of Education for fiscal year 2021, out of able, there is appropriated to the Institute of
students, which may be used for any compo- any money in the Treasury not otherwise ap- Museum and Library Services for fiscal year
nent of the student’s cost of attendance. propriated, $5,000,000, to remain available 2021, out of any money in the Treasury not
SEC. 2007. STUDENT AID ADMINISTRATION.
until expended, for the Office of Inspector otherwise appropriated, $200,000,000, to re-
General of the Department of Education, for main available until expended, for necessary
In addition to amounts otherwise avail-
salaries and expenses necessary for over- expenses to carry out museum and library
able, there is appropriated to the Depart-
sight, investigations, and audits of pro- services. The Director of the Institute of Mu-
ment of Education for fiscal year 2021, out of
grams, grants, and projects funded under seum and Library Services shall award not
any money in the Treasury not otherwise ap-
this part carried out by the Office of Inspec- less than 89 percent of such funds to State li-
propriated, $91,130,000, to remain available
tor General. brary administrative agencies by applying
through September 30, 2023, for Student Aid
Administration within the Department of SEC. 2013. MODIFICATION OF REVENUE REQUIRE- the formula in section 221(b) of the Museum
MENTS FOR PROPRIETARY INSTITU- and Library Services Act, except that—
Education to prevent, prepare for, and re- TIONS OF HIGHER EDUCATION.
spond to coronavirus including direct out- (1) section 221(b)(3)(A) of such Act shall be
(a) IN GENERAL.—Section 487(a)(24) of the applied by substituting ‘‘$2,000,000’’ for
reach to students and borrowers about finan-
Higher Education Act of 1965 (20 U.S.C. ‘‘$680,000’’ and by substituting ‘‘$200,000’’ for
cial aid, economic impact payments, means-
1094(a)(24)) is amended by striking ‘‘funds ‘‘$60,000’’; and
tested benefits, unemployment assistance,
provided under this title’’ and inserting (2) section 221(b)(3)(C) and subsections (b)
and tax benefits, for which the students and
‘‘Federal funds that are disbursed or deliv- and (c) of section 223 of such Act shall not
borrowers may be eligible.
ered to or on behalf of a student to be used apply to funds provided under this section.
SEC. 2008. HOWARD UNIVERSITY.
to attend such institution (referred to in this
In addition to amounts otherwise avail- Subtitle B—Labor Matters
paragraph and subsection (d) as ‘Federal edu-
able, there is appropriated to the Depart- SEC. 2101.FUNDING FOR DEPARTMENT OF
cation assistance funds’)’’.
ment of Education for fiscal year 2021, out of LABOR WORKER PROTECTION AC-
(b) IMPLEMENTATION OF NON-FEDERAL REV-
any money in the Treasury not otherwise ap- TIVITIES.
ENUE REQUIREMENT.—Section 487(d) of the
propriated, $35,000,000, to remain available (a) APPROPRIATION.—In addition to
Higher Education Act of 1965 (20 U.S.C.
through September 30, 2023, for Howard Uni- amounts otherwise made available, out of
1094(d)) is amended—
versity to prevent, prepare for, and respond any funds in the Treasury not otherwise ap-
(1) in the subsection heading, by striking
to coronavirus, including to defray expenses propriated, there are appropriated to the
‘‘Non-title IV’’ and inserting ‘‘Non-Federal’’;
associated with coronavirus (including lost Secretary of Labor for fiscal year 2021,
and
revenue, reimbursement for expenses already $200,000,000, to remain available until Sep-
(2) in paragraph (1)(C), by striking ‘‘funds
incurred, technology costs associated with a tember 30, 2023, for the Wage and Hour Divi-
for a program under this title’’ and inserting
transition to distance education, faculty and sion, the Office of Workers’ Compensation
‘‘Federal education assistance funds’’.
staff trainings, and payroll) and to provide Programs, the Office of the Solicitor, the
financial aid grants to students, which may PART 2—MISCELLANEOUS Mine Safety and Health Administration, and
be used for any component of the student’s SEC. 2021. NATIONAL ENDOWMENT FOR THE the Occupational Safety and Health Admin-
cost of attendance. ARTS. istration to carry out COVID–19 related
SEC. 2009. NATIONAL TECHNICAL INSTITUTE FOR In addition to amounts otherwise avail- worker protection activities, and for the Of-
THE DEAF. able, there is appropriated for fiscal year fice of Inspector General for oversight of the
In addition to amounts otherwise avail- 2021, out of any money in the Treasury not Secretary’s activities to prevent, prepare for,
able, there is appropriated to the Depart- otherwise appropriated, $135,000,000, to re- and respond to COVID–19.
ment of Education for fiscal year 2021, out of main available until expended, under the Na- (b) ALLOCATION OF AMOUNTS.—Amounts ap-
any money in the Treasury not otherwise ap- tional Foundation on the Arts and the Hu- propriated under subsection (a) shall be allo-
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propriated, $19,250,000, to remain available manities Act of 1965, as follows: cated as follows:
through September 30, 2023, for the National (1) Forty percent shall be for grants, and (1) Not less than $100,000,000 shall be for the
Technical Institute for the Deaf to prevent, relevant administrative expenses, to State Occupational Safety and Health Administra-
prepare for, and respond to coronavirus, in- arts agencies and regional arts organizations tion, of which $10,000,000 shall be for Susan
cluding to defray expenses associated with that support organizations’ programming Harwood training grants and not less than
coronavirus (including lost revenue, reim- and general operating expenses to cover up $5,000,000 shall be for enforcement activities
bursement for expenses already incurred, to 100 percent of the costs of the programs related to COVID–19 at high risk workplaces
technology costs associated with a transi- which the grants support, to prevent, prepare including health care, meat and poultry
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S1136 CONGRESSIONAL RECORD — SENATE March 4, 2021
processing facilities, agricultural workplaces ance with section 658O of the Child Care and of provider expenditures, except as provided
and correctional facilities. Development Block Grant Act of 1990 (42 in subsection (e)(2).
(2) $12,500,000 shall be for the Office of In- U.S.C. 9858m). (E) OBLIGATION.—The lead agency shall no-
spector General. (d) STATE RESERVATIONS AND SUBGRANTS.— tify the Secretary if it is unable to obligate
Subtitle C—Human Services and Community (1) RESERVATION.—A lead agency for a at least 50 percent of the funds received pur-
Supports State that receives a child care stabilization suant to subsection (c) that are available for
SEC. 2201.
CHILD CARE AND DEVELOPMENT grant pursuant to subsection (c) shall re- subgrants described in this paragraph within
BLOCK GRANT PROGRAM. serve not more than 10 percent of such grant 9 months of the date of enactment of this
(a) CHILD CARE AND DEVELOPMENT BLOCK funds to administer subgrants, provide tech- Act.
GRANT FUNDING.—In addition to amounts nical assistance and support for applying for (e) USES OF FUNDS.—
otherwise available, there is appropriated for and accessing the subgrant opportunity, pub- (1) IN GENERAL.—A qualified child care pro-
fiscal year 2021, out of any amounts in the licize the availability of the subgrants, carry vider that receives funds through such a
Treasury not otherwise appropriated, out activities to increase the supply of child subgrant shall use the funds for at least one
$14,990,000,000, to remain available through care, and provide technical assistance to of the following:
September 30, 2021, to carry out the program help child care providers implement policies (A) Personnel costs, including payroll and
authorized under section 658C of the Child as described in paragraph (2)(D)(i). salaries or similar compensation for an em-
Care and Development Block Grant Act of (2) SUBGRANTS TO QUALIFIED CHILD CARE ployee (including any sole proprietor or inde-
1990 (42 U.S.C. 9858a) without regard to re- PROVIDERS.— pendent contractor), employee benefits, pre-
quirements in sections 658E(c)(3)(E) or 658G (A) IN GENERAL.—The lead agency shall use mium pay, or costs for employee recruit-
of such Act (42 U.S.C. 9858c(c)(3)(E), 9858e). the remainder of the grant funds awarded ment and retention.
Payments made to States, territories, Indian pursuant to subsection (c) to make subgrants (B) Rent (including rent under a lease
Tribes, and Tribal organizations from funds to qualified child care providers described in agreement) or payment on any mortgage ob-
made available under this subsection shall subparagraph (B), regardless of such a pro- ligation, utilities, facility maintenance or
be obligated in fiscal year 2021 or the suc- vider’s previous receipt of other Federal as- improvements, or insurance.
ceeding 2 fiscal years. States, territories, In- sistance, to support the stability of the child (C) Personal protective equipment, clean-
dian Tribes, and Tribal organizations are au- care sector during and after the COVID–19 ing and sanitization supplies and services, or
thorized to use such funds to provide child public health emergency. training and professional development re-
care assistance to health care sector employ- (B) QUALIFIED CHILD CARE PROVIDER.—To be lated to health and safety practices.
ees, emergency responders, sanitation work- qualified to receive a subgrant under this (D) Purchases of or updates to equipment
ers, and other workers deemed essential dur- paragraph, a provider shall be an eligible and supplies to respond to the COVID–19 pub-
ing the response to coronavirus by public of- child care provider that on the date of sub- lic health emergency.
ficials, without regard to the income eligi- mission of an application for the subgrant, (E) Goods and services necessary to main-
bility requirements of section 658P(4) of the was either— tain or resume child care services.
Child Care and Development Block Grant (i) open and available to provide child care (F) Mental health supports for children and
Act (42 U.S.C. 9858n(4)). services; or employees.
(b) ADMINISTRATIVE COSTS.—In addition to (ii) closed due to public health, financial (2) REIMBURSEMENT.—The qualified child
amounts otherwise available, there is appro- hardship, or other reasons relating to the care provider may use the subgrant funds to
priated for fiscal year 2021, out of any COVID–19 public health emergency. reimburse the provider for sums obligated or
amounts in the Treasury not otherwise ap- (C) SUBGRANT AMOUNT.—The amount of expended before the date of enactment of
propriated, $35,000,000, to remain available such a subgrant to a qualified child care pro- this Act for the cost of a good or service de-
through September 30, 2025, for the costs of vider shall be based on the provider’s stated scribed in paragraph (1) to respond to the
providing technical assistance and con- current operating expenses, including costs COVID–19 public health emergency.
ducting research and for the administrative associated with providing or preparing to (f) SUPPLEMENT NOT SUPPLANT.—Amounts
costs to carry out this section and section provide child care services during the made available to carry out this section
2202 of this subtitle. COVID–19 public health emergency, and to shall be used to supplement and not supplant
SEC. 2202. CHILD CARE STABILIZATION. the extent practicable, cover sufficient oper- other Federal, State, and local public funds
ating expenses to ensure continuous oper- expended to provide child care services for
(a) DEFINITIONS.—In this section:
ations for the intended period of the eligible individuals.
(1) COVID–19 PUBLIC HEALTH EMERGENCY.—
The term ‘‘COVID–19 public health emer- subgrant. SEC. 2203. HEAD START.
gency’’ means the public health emergency (D) APPLICATION.—The lead agency shall— In addition to amounts otherwise avail-
declared by the Secretary of Health and (i) make available on the lead agency’s able, there is appropriated for fiscal year
Human Services under section 319 of the website an application for qualified child 2021, out of any amounts in the Treasury not
Public Health Service Act (42 U.S.C. 247d) on care providers that includes certifications otherwise appropriated, $1,000,000,000, to re-
January 31, 2020, with respect to COVID–19, that, for the duration of the subgrant— main available through September 30, 2022,
including any renewal of the declaration. (I) the provider applying will, when open to carry out the Head Start Act, including
(2) ELIGIBLE CHILD CARE PROVIDER.—The and available to provide child care services, for Federal administrative expenses. After
term ‘‘eligible child care provider’’ means— implement policies in line with guidance reserving funds for Federal administrative
(A) an eligible child care provider as de- from the corresponding State, Tribal, and expenses, the Secretary shall allocate all re-
fined in section 658P of the Child Care and local authorities, and in accordance with maining amounts to Head Start agencies for
Development Block Grant Act of 1990 (42 State, Tribal, and local orders, and, to the one-time grants, and shall allocate to each
U.S.C. 9858n); or greatest extent possible, implement policies Head Start agency an amount that bears the
(B) a child care provider that is licensed, in line with guidance from the Centers for same ratio to the portion available for allo-
regulated, or registered in the State, terri- Disease Control and Prevention; cations as the number of enrolled children
tory, or Indian Tribe on the date of enact- (II) for each employee, the provider will served by the Head Start agency bears to the
ment of this Act and meets applicable State pay not less than the full compensation, in- number of enrolled children served by all
and local health and safety requirements. cluding any benefits, that was provided to Head Start agencies.
(b) CHILD CARE STABILIZATION FUNDING.—In the employee as of the date of submission of SEC. 2204. PROGRAMS FOR SURVIVORS.
addition to amounts otherwise available, the application for the subgrant (referred to (a) IN GENERAL.—Section 303 of the Family
there is appropriated for fiscal year 2021, out in this subclause as ‘‘full compensation’’), Violence Prevention and Services Act (42
of any amounts in the Treasury not other- and will not take any action that reduces U.S.C. 10403) is amended by adding at the end
wise appropriated, $23,975,000,000, to remain the weekly amount of the employee’s com- the following:
available through September 30, 2021, for pensation below the weekly amount of full ‘‘(d) ADDITIONAL FUNDING.—For the pur-
grants under this section in accordance with compensation, or that reduces the employ- poses of carrying out this title, in addition
the Child Care and Development Block Grant ee’s rate of compensation below the rate of to amounts otherwise made available for
Act of 1990. full compensation, including the involuntary such purposes, there are appropriated, out of
(c) GRANTS.—From the amounts appro- furloughing of any employee employed on any amounts in the Treasury not otherwise
priated to carry out this section and under the date of submission of the application for appropriated, for fiscal year 2021, to remain
the authority of section 658O of the Child the subgrant; and available until expended except as otherwise
Care and Development Block Grant Act of (III) the provider will provide relief from provided in this subsection, each of the fol-
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1990 (42 U.S.C. 9858m) and this section, the copayments and tuition payments for the lowing:
Secretary shall award to each lead agency a families enrolled in the provider’s program, ‘‘(1) $180,000,000 to carry out sections 301
child care stabilization grant, without re- to the extent possible, and prioritize such re- through 312, to be allocated in the manner
gard to the requirements in subparagraphs lief for families struggling to make either described in subsection (a)(2), except that—
(C) and (E) of section 658E(c)(3), and in sec- type of payment; and ‘‘(A) a reference in subsection (a)(2) to an
tion 658G, of the Child Care and Development (ii) accept and process applications sub- amount appropriated under subsection (a)(1)
Block Grant Act of 1990 (42 U.S.C. 9858c(c)(3), mitted under this subparagraph on a rolling shall be considered to be a reference to an
9858e). Such grant shall be allotted in accord- basis, and provide subgrant funds in advance amount appropriated under this paragraph;
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March 4, 2021 CONGRESSIONAL RECORD — SENATE S1137
‘‘(B) the matching requirement in section of Health and Human Services for fiscal year (4) AMERICORPS VISTA.—$80,000,000 shall be
306(c)(4) and condition in section 308(d)(3) 2021, out of any money in the Treasury not used for the purposes described in section 101
shall not apply; and otherwise appropriated, the following of the Domestic Volunteer Service Act of
‘‘(C) each reference in section 305(e) to ‘the amounts, to remain available through Sep- 1973 (42 U.S.C. 4951), including to increase the
end of the following fiscal year’ shall be con- tember 30, 2023: living allowances of volunteers, described in
sidered to be a reference to ‘the end of fiscal (1) $250,000,000 for carrying out the program section 105(b) of the Domestic Volunteer
year 2025’; and authorized under section 201 of the Child Service Act of 1973 (42 U.S.C. 4955(b)).
‘‘(D) funds made available to a State in a Abuse Prevention and Treatment Act (42 (5) NATIONAL SENIOR SERVICE CORPS.—
grant under section 306(a) and obligated in a U.S.C. 5116), which shall be allocated without $30,000,000 shall be used for the purposes de-
timely manner shall be available for expend- regard to section 204(4) of such Act (42 U.S.C. scribed in section 200 of the Domestic Volun-
iture, by the State or a recipient of funds 5116d(4)) and shall be allotted to States in ac- teer Service Act of 1973 (42 U.S.C. 5000).
from the grant, through the end of fiscal cordance with section 203 of such Act (42 (6) ADMINISTRATIVE COSTS.—$73,000,000 shall
year 2025; U.S.C. 5116b), except that— be used for the Corporation for National and
‘‘(2) $18,000,000 to carry out section 309. (A) in subsection (b)(1)(A) of such section Community Service for administrative ex-
‘‘(3) $2,000,000 to carry out section 313, of 203, ‘‘70 percent’’ shall be deemed to be ‘‘100 penses to carry out programs and activities
which $1,000,000 shall be allocated to support percent’’; and funded by subsection (a).
Indian communities.’’. (B) subsections (b)(1)(B) and (c) of such sec- (7) OFFICE OF INSPECTOR GENERAL.—
(b) COVID–19 PUBLIC HEALTH EMERGENCY tion 203 shall not apply; and $9,000,000 shall be used for the Office of In-
DEFINED.—In this section, the term ‘‘COVID– (2) $100,000,000 for carrying out the State spector General of the Corporation for Na-
19 public health emergency’’ means the pub- grant program authorized under section 106 tional and Community Service for salaries
lic health emergency declared by the Sec- of the Child Abuse Prevention and Treat- and expenses necessary for oversight and
retary of Health and Human Services under ment Act (42 U.S.C. 5106a), which shall be al- audit of programs and activities funded by
section 319 of the Public Health Service Act located without regard to section 112(a)(2) of subsection (a).
(42 U.S.C. 247d) on January 31, 2020, with re- such Act (42 U.S.C. 5106h(a)(2)). (c) NATIONAL SERVICE TRUST.—In addition
spect to COVID–19, including any renewal of to amounts otherwise made available, there
SEC. 2206. CORPORATION FOR NATIONAL AND
the declaration. COMMUNITY SERVICE AND THE NA- is appropriated for fiscal year 2021, out of
(c) GRANTS TO SUPPORT CULTURALLY SPE- TIONAL SERVICE TRUST. any money in the Treasury not otherwise ap-
CIFIC POPULATIONS.— propriated, $148,000,000, to remain available
(a) CORPORATION FOR NATIONAL AND COMMU-
(1) IN GENERAL.—In addition to amounts until expended, for administration of the Na-
NITY SERVICE.—In addition to amounts other-
otherwise made available, there is appro- tional Service Trust, and for payment to the
wise made available, there is appropriated
priated, out of any amounts in the Treasury Trust for the provision of educational awards
for fiscal year 2021, out of any money in the
not otherwise appropriated, to the Secretary pursuant to section 145(a)(1)(A) of the Na-
Treasury not otherwise appropriated, to the
of Health and Human Services (in this sec- tional and Community Service Act of 1990 (42
Corporation for National and Community
tion referred to as the ‘‘Secretary’’), U.S.C. 12601(a)(1)(A)).
Service, $852,000,000, to remain available
$49,500,000 for fiscal year 2021, to be available Subtitle D—Public Health
through September 30, 2024, to carry out sub-
until expended, to carry out this subsection SEC. 2301. FUNDING FOR COVID–19 VACCINE AC-
section (b), except that amounts to carry out
(excluding Federal administrative costs, for TIVITIES AT THE CENTERS FOR DIS-
subsection (b)(7) shall remain available until
which funds are appropriated under sub- EASE CONTROL AND PREVENTION.
September 30, 2026.
section (e)). (a) IN GENERAL.—In addition to amounts
(2) USE OF FUNDS.—From amounts appro- (b) ALLOCATION OF AMOUNTS.—Amounts
otherwise available, there is appropriated to
priated under paragraph (1), the Secretary provided by subsection (a) shall be allocated the Secretary of Health and Human Services
acting through the Director of the Family as follows: (in this subtitle referred to as the ‘‘Sec-
Violence Prevention and Services Program, (1) AMERICORPS STATE AND NATIONAL.— retary’’) for fiscal year 2021, out of any
shall— $620,000,000 shall be used— money in the Treasury not otherwise appro-
(A) support culturally specific community- (A) to increase the living allowances of priated, $7,500,000,000, to remain available
based organizations to provide culturally participants in national service programs; until expended, to carry out activities to
specific activities for survivors of sexual as- and plan, prepare for, promote, distribute, ad-
sault and domestic violence, to address (B) to make funding adjustments to exist- minister, monitor, and track COVID–19 vac-
emergent needs resulting from the COVID–19 ing (as of the date of enactment of this Act) cines.
public health emergency and other public awards and award new and additional awards (b) USE OF FUNDS.—The Secretary, acting
health concerns; and to entities to support programs described in through the Director of the Centers for Dis-
(B) support culturally specific community- paragraphs (1)(B), (2)(B), (3)(B), (4)(B), and ease Control and Prevention, and in con-
based organizations that provide culturally (5)(B) of subsection (a), and subsection (b)(2), sultation with other agencies, as applicable,
specific activities to promote strategic part- of section 122 of the National and Commu- shall, in conducting activities referred to in
nership development and collaboration in re- nity Service Act of 1990 (42 U.S.C. 12572), subsection (a)—
sponding to the impact of COVID–19 and whether or not the entities are already grant (1) conduct activities to enhance, expand,
other public health concerns on survivors of recipients under such provisions on the date and improve nationwide COVID–19 vaccine
sexual assault and domestic violence. of enactment of this Act, and notwith- distribution and administration, including
(d) GRANTS TO SUPPORT SURVIVORS OF SEX- standing section 122(a)(1)(B)(vi) of the Na- activities related to distribution of ancillary
UAL ASSAULT.— tional and Community Service Act of 1990 (42 medical products and supplies related to vac-
(1) IN GENERAL.—In addition to amounts U.S.C. 12572(a)(1)(B)(vi)), by— cines; and
otherwise made available, there is appro- (i) prioritizing entities serving commu- (2) provide technical assistance, guidance,
priated, out of any amounts in the Treasury nities disproportionately impacted by and support to, and award grants or coopera-
not otherwise appropriated, to the Sec- COVID–19 and utilizing culturally competent tive agreements to, State, local, Tribal, and
retary, $198,000,000 for fiscal year 2021, to be and multilingual strategies in the provision territorial public health departments for en-
available until expended, to carry out this of services; and hancement of COVID–19 vaccine distribution
subsection (excluding Federal administrative (ii) taking into account the diversity of and administration capabilities, including—
costs, for which funds are appropriated under communities and participants served by such (A) the distribution and administration of
subsection (e)). entities, including racial, ethnic, socio- vaccines licensed under section 351 of the
(2) USE OF FUNDS.—From amounts appro- economic, linguistic, or geographic diver- Public Health Service Act (42 U.S.C. 262) or
priated under paragraph (1), the Secretary sity. authorized under section 564 of the Federal
acting through the Director of the Family (2) STATE COMMISSIONS.—$20,000,000 shall be Food, Drug, and Cosmetic Act (21 U.S.C.
Violence Prevention and Services Program, used to make adjustments to existing (as of 360bbb–3) and ancillary medical products and
shall assist rape crisis centers in the date of enactment of this Act) awards supplies related to vaccines;
transitioning to virtual services and meeting and new and additional awards, including (B) the establishment and expansion, in-
the emergency needs of survivors. awards to State Commissions on National cluding staffing support, of community vac-
(e) ADMINISTRATIVE COSTS.—In addition to and Community Service, under section 126(a) cination centers, particularly in underserved
amounts otherwise made available, there is of the National and Community Service Act areas;
appropriated to the Secretary, out of any of 1990 (42 U.S.C. 12576(a)). (C) the deployment of mobile vaccination
(3) VOLUNTEER GENERATION FUND.— units, particularly in underserved areas;
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amounts in the Treasury not otherwise ap-
propriated, $2,500,000 for fiscal year 2021, to $20,000,000 shall be used for expenses author- (D) information technology, standards-
remain available until expended, for the Fed- ized under section 501(a)(4)(F) of the National based data, and reporting enhancements, in-
eral administrative costs of carrying out and Community Service Act of 1990 (42 U.S.C. cluding improvements necessary to support
subsections (c) and (d). 12681(a)(4)(F)), which, notwithstanding sec- standards-based sharing of data related to
SEC. 2205. CHILD ABUSE PREVENTION AND tion 198P(d)(1)(B) of that Act (42 U.S.C. vaccine distribution and vaccinations and
TREATMENT. 12653p(d)(1)(B)), shall be for grants awarded systems that enhance vaccine safety, effec-
In addition to amounts otherwise avail- by the Corporation for National and Commu- tiveness, and uptake, particularly among un-
able, there is appropriated to the Secretary nity Service on a competitive basis. derserved populations;
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S1138 CONGRESSIONAL RECORD — SENATE March 4, 2021
(E) facilities enhancements; therapeutics, and ancillary medical products tivities authorized under section 319(a) of the
(F) communication with the public regard- and supplies to prevent, prepare, or respond Public Health Service Act;
ing when, where, and how to receive COVID– to— (2) provide technical assistance, guidance,
19 vaccines; and (1) SARS–CoV–2 or any viral variant mu- and support, and award grants or cooperative
(G) transportation of individuals to facili- tating therefrom with pandemic potential; agreements to State, local, and territorial
tate vaccinations, including at community and public health departments for activities to
vaccination centers and mobile vaccination (2) COVID–19 or any disease with potential detect, diagnose, trace, and monitor SARS–
units, particularly for underserved popu- for creating a pandemic. CoV–2 and COVID–19 infections and related
lations. SEC. 2304. FUNDING FOR COVID–19 VACCINE, strategies and activities to mitigate the
(c) SUPPLEMENTAL FUNDING FOR STATE THERAPEUTIC, AND DEVICE ACTIVI- spread of COVID–19;
VACCINATION GRANTS.— TIES AT THE FOOD AND DRUG AD- (3) support the development, manufac-
(1) DEFINITIONS.—In this subsection: MINISTRATION. turing, procurement, distribution, and ad-
(A) BASE FORMULA.—The term ‘‘base for- In addition to amounts otherwise avail- ministration of tests to detect or diagnose
mula’’ means the allocation formula that ap- able, there is appropriated to the Secretary SARS–CoV–2 and COVID–19, including
plied to the Public Health Emergency Pre- for fiscal year 2021, out of any money in the through—
paredness cooperative agreement in fiscal Treasury not otherwise appropriated, (A) support for the development, manufac-
year 2020. $500,000,000, to remain available until ex- ture, procurement, and distribution of sup-
(B) ALTERNATIVE ALLOCATION.—The term pended, to be used for the evaluation of the plies necessary for administering tests, such
‘‘alternative allocation’’ means an allocation continued performance, safety, and effective- as personal protective equipment; and
to each State, territory, or locality cal- ness, including with respect to emerging (B) support for the acquisition, construc-
culated using the percentage derived from COVID–19 variants, of vaccines, therapeutics, tion, alteration, or renovation of non-feder-
the allocation received by such State, terri- and diagnostics approved, cleared, licensed, ally owned facilities for the production of
tory, or locality of the aggregate amount of or authorized for use for the treatment, pre- diagnostics and ancillary medical products
fiscal year 2020 Public Health Emergency vention, or diagnosis of COVID–19; facilita- and supplies where the Secretary determines
Preparedness cooperative agreement awards tion of advanced continuous manufacturing that such an investment is necessary to en-
under section 319C–1 of the Public Health activities related to production of vaccines sure the production of sufficient amounts of
Service Act (42 U.S.C. 247d–3a). and related materials; facilitation and con- such supplies;
(2) SUPPLEMENTAL FUNDING.— duct of inspections related to the manufac- (4) establish and expand Federal, State,
(A) IN GENERAL.—Not later than 21 days turing of vaccines, therapeutics, and devices local, and territorial testing and contact
after the date of enactment of this Act, the delayed or cancelled for reasons related to tracing capabilities, including—
Secretary shall use amounts described in COVID–19; review of devices authorized for (A) through investments in laboratory ca-
subsection (a) to provide supplemental fund- use for the treatment, prevention, or diag- pacity, such as—
ing to any State, locality, or territory that nosis of COVID–19; and oversight of the sup- (i) academic and research laboratories, or
received less of the amounts that were ap- ply chain and mitigation of shortages of vac- other laboratories that could be used for
propriated under title III of division M of cines, therapeutics, and devices approved, processing of COVID–19 testing;
Public Law 116–260 for vaccination grants to cleared, licensed, or authorized for use for (ii) community-based testing sites and
be issued by the Centers for Disease Control the treatment, prevention, or diagnosis of community-based organizations; or
and Prevention than such State, locality, or COVID–19 by the Food and Drug Administra- (iii) mobile health units, particularly in
territory would have received had such tion. medically underserved areas; and
amounts been allocated using the alternative SEC. 2305. REDUCED COST-SHARING. (B) with respect to quarantine and isola-
allocation. (a) IN GENERAL.—Section 1402 of the Pa- tion of contacts;
(B) AMOUNT.—The amount of supplemental tient Protection and Affordable Care Act is (5) enhance information technology, data
funding provided under this subsection shall amended by redesignating subsection (f) as modernization, and reporting, including im-
be equal to the difference between— subsection (g) and by inserting after sub- provements necessary to support sharing of
(i) the amount the State, locality, or terri- section (e) the following new subsection: data related to public health capabilities;
tory received, or would receive, under the ‘‘(f) SPECIAL RULE FOR INDIVIDUALS WHO (6) award grants to, or enter into coopera-
base formula; and RECEIVE UNEMPLOYMENT COMPENSATION DUR- tive agreements or contracts with, State,
(ii) the amount the State, locality, or ter- ING 2021.—For purposes of this section, in the local, and territorial public health depart-
ritory would receive under the alternative case of an individual who has received, or ments to establish, expand, and sustain a
allocation. has been approved to receive, unemployment public health workforce; and
SEC. 2302. FUNDING FOR VACCINE CONFIDENCE compensation for any week beginning during (7) to cover administrative and program
ACTIVITIES. 2021, for the plan year in which such week be- support costs necessary to conduct activities
In addition to amounts otherwise avail- gins— related to subparagraph (a).
able, there is appropriated to the Secretary ‘‘(1) such individual shall be treated as SEC. 2402. FUNDING FOR SARS–COV–2 GENOMIC
for fiscal year 2021, out of any money in the SEQUENCING AND SURVEILLANCE.
meeting the requirements of subsection
Treasury not otherwise appropriated, (b)(2), and (a) IN GENERAL.—In addition to amounts
$1,000,000,000, to remain available until ex- ‘‘(2) for purposes of subsections (c) and (d), otherwise available, there is appropriated to
pended, to carry out activities, acting there shall not be taken into account any the Secretary for fiscal year 2021 out of any
through the Director of the Centers for Dis- money in the Treasury not otherwise appro-
household income of the individual in excess
ease Control and Prevention— priated, $1,750,000,000, to remain available
of 133 percent of the poverty line for a family
(1) to strengthen vaccine confidence in the until expended, to strengthen and expand ac-
of the size involved.’’.
United States, including its territories and tivities and workforce related to genomic se-
(b) EFFECTIVE DATE.—The amendment
possessions; quencing, analytics, and disease surveil-
made by this section shall apply to plan
(2) to provide further information and edu- lance.
years beginning after December 31, 2020. (b) USE OF FUNDS.—From amounts appro-
cation with respect to vaccines licensed
under section 351 of the Public Health Serv- Subtitle E—Testing priated by subsection (a), the Secretary, act-
ice Act (42 U.S.C. 262) or authorized under SEC. 2401. FUNDING FOR COVID–19 TESTING, ing through the Director of the Centers for
section 564 of the Federal Food, Drug, and CONTACT TRACING, AND MITIGA- Disease Control and Prevention, shall—
TION ACTIVITIES. (1) conduct, expand, and improve activities
Cosmetic Act (21 U.S.C. 360bbb–3); and
(3) to improve rates of vaccination (a) IN GENERAL.—In addition to amounts to sequence genomes, identify mutations,
throughout the United States, including its otherwise available, there is appropriated to and survey the circulation and transmission
territories and possessions, including the Secretary of Health and Human Services of viruses and other organisms, including
through activities described in section 313 of (in this subtitle referred to as the ‘‘Sec- strains of SARS–CoV–2;
the Public Health Service Act, as amended retary’’) for fiscal year 2021, out of any (2) award grants or cooperative agreements
by section 311 of division BB of the Consoli- money in the Treasury not otherwise appro- to State, local, Tribal, or territorial public
dated Appropriations Act, 2021 (Public Law priated, $47,800,000,000, to remain available health departments or public health labora-
116–260). until expended, to carry out activities to de- tories—
SEC. 2303. FUNDING FOR SUPPLY CHAIN FOR tect, diagnose, trace, and monitor SARS– (A) to increase their capacity to sequence
COVID–19 VACCINES, THERA- CoV–2 and COVID–19 infections and related genomes of circulating strains of viruses and
strategies to mitigate the spread of COVID– other organisms, including SARS–CoV–2;
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PEUTICS, AND MEDICAL SUPPLIES.
In addition to amounts otherwise avail- 19. (B) to identify mutations in viruses and
able, there is appropriated to the Secretary (b) USE OF FUNDS.—From amounts appro- other organisms, including SARS–CoV–2;
for fiscal year 2021, out of any money in the priated by subsection (a), the Secretary (C) to use genomic sequencing to identify
Treasury not otherwise appropriated, shall— outbreaks and clusters of diseases or infec-
$6,050,000,000, to remain available until ex- (1) implement a national, evidence-based tions, including COVID–19; and
pended, for necessary expenses with respect strategy for testing, contact tracing, surveil- (D) to develop effective disease response
to research, development, manufacturing, lance, and mitigation with respect to SARS– strategies based on genomic sequencing and
production, and the purchase of vaccines, CoV–2 and COVID–19, including through ac- surveillance data;
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March 4, 2021 CONGRESSIONAL RECORD — SENATE S1139
(3) enhance and expand the informatics ca- (4) Subawards from recipients of awards SEC. 2602. FUNDING FOR NATIONAL HEALTH
pabilities of the public health workforce; and under subsection (a) to local health depart- SERVICE CORPS.
(4) award grants for the construction, al- ments for the purposes of the activities fund- (a) IN GENERAL.—In addition to amounts
teration, or renovation of facilities to im- ed under this section. otherwise available, there is appropriated to
prove genomic sequencing and surveillance SEC. 2502. FUNDING FOR MEDICAL RESERVE the Secretary for fiscal year 2021, out of any
capabilities at the State and local level. CORPS. money in the Treasury not otherwise appro-
SEC. 2403. FUNDING FOR GLOBAL HEALTH. In addition to amounts otherwise avail- priated, $800,000,000, to remain available
In addition to amounts otherwise avail- able, there is appropriated to the Secretary until expended, for carrying out sections
able, there is appropriated to the Secretary for fiscal year 2021, out of any money in the 338A, 338B, and 338I of the Public Health
for fiscal year 2021, out of any amounts in Treasury not otherwise appropriated, Service Act (42 U.S.C. 254l, 254l–1, 254q–1)
the Treasury not otherwise appropriated, $100,000,000, to remain available until ex- with respect to the health workforce.
$750,000,000, to remain available until ex- pended, for carrying out section 2813 of the (b) STATE LOAN REPAYMENT PROGRAMS.—
pended, for activities to be conducted acting Public Health Service Act (42 U.S.C. 300hh– (1) IN GENERAL.—Of the amount made
through the Director of the Centers for Dis- 15). available pursuant to subsection (a),
ease Control and Prevention to combat Subtitle G—Public Health Investments $100,000,000 shall be made available for pro-
SARS–CoV–2, COVID–19, and other emerging viding primary health services through
SEC. 2601. FUNDING FOR COMMUNITY HEALTH
infectious disease threats globally, including CENTERS AND COMMUNITY CARE. grants to States under section 338I(a) of the
efforts related to global health security, (a) IN GENERAL.—In addition to amounts Public Health Service Act (42 U.S.C. 254q–
global disease detection and response, global otherwise available, there is appropriated to 1(a)).
health protection, global immunization, and the Secretary of Health and Human Services (2) CONDITIONS.—With respect to grants de-
global coordination on public health. (in this subtitle referred to as the ‘‘Sec- scribed in paragraph (1) using funds made
SEC. 2404. FUNDING FOR DATA MODERNIZATION retary’’) for fiscal year 2021, out of any available under such paragraph:
AND FORECASTING CENTER. money in the Treasury not otherwise appro- (A) Section 338I(b) of the Public Health
In addition to amounts otherwise avail- priated, $7,600,000,000, to remain available Service Act (42 U.S.C. 254q–1(b)) shall not
able, there is appropriated to the Secretary until expended, for necessary expenses for apply.
for fiscal year 2021, out of any money in the awarding grants and cooperative agreements (B) Notwithstanding section 338I(d)(2) of
Treasury not otherwise appropriated, under section 330 of the Public Health Serv- the Public Health Service Act (42 U.S.C.
$500,000,000, to remain available until ex- ice Act (42 U.S.C. 254b) to be awarded with- 254q–1(d)(2)), not more than 10 percent of an
pended, for activities to be conducted acting out regard to the time limitation in sub- award to a State from such amounts, may be
through the Director of the Centers for Dis- section (e)(3) and subsections (e)(6)(A)(iii), used by the State for costs of administering
ease Control and Prevention to support pub- (e)(6)(B)(iii), and (r)(2)(B) of such section 330, the State loan repayment program.
lic health data surveillance and analytics in- and for necessary expenses for awarding SEC. 2603. FUNDING FOR NURSE CORPS.
frastructure modernization initiatives at the grants to Federally qualified health centers, In addition to amounts otherwise avail-
Centers for Disease Control and Prevention, as described in section 1861(aa)(4)(B) of the able, there is appropriated to the Secretary
and establish, expand, and maintain efforts Social Security Act (42 for fiscal year 2021, out of any money in the
to modernize the United States disease warn- U.S.C.1395x(aa)(4)(B)), and for awarding Treasury not otherwise appropriated,
ing system to forecast and track hotspots for grants or contracts to Papa Ola Lokahi and $200,000,000, to remain available until ex-
COVID–19, its variants, and emerging bio- to qualified entities under sections 4 and 6 of pended, for carrying out section 846 of the
logical threats, including academic and the Native Hawaiian Health Care Improve- Public Health Service Act (42 U.S.C. 297n).
workforce support for analytics and ment Act (42 U.S.C. 11703, 11705). Of the total SEC. 2604. FUNDING FOR TEACHING HEALTH
informatics infrastructure and data collec- amount appropriated by the preceding sen- CENTERS THAT OPERATE GRAD-
tion systems. tence, not less than $20,000,000 shall be for UATE MEDICAL EDUCATION.
Subtitle F—Public Health Workforce grants or contracts to Papa Ola Lokahi and (a) IN GENERAL.—In addition to amounts
SEC. 2501. FUNDING FOR PUBLIC HEALTH WORK- to qualified entities under sections 4 and 6 of otherwise available, and notwithstanding the
FORCE. the Native Hawaiian Health Care Improve- capped amount referenced in sections
(a) IN GENERAL.—In addition to amounts ment Act (42 U.S.C. 11703, 11705). 340H(b)(2) and 340H(d)(2) of the Public Health
otherwise available, there is appropriated to (b) USE OF FUNDS.—Amounts made avail- Service Act (42 U.S.C. 256h(b)(2) and (d)(2)),
the Secretary of Health and Human Services able to an awardee pursuant to subsection there is appropriated to the Secretary for fis-
(in this subtitle referred to as the ‘‘Sec- (a) shall be used— cal year 2021, out of any money in the Treas-
retary’’) for fiscal year 2021, out of any (1) to plan, prepare for, promote, dis- ury not otherwise appropriated, $330,000,000,
money in the Treasury not otherwise appro- tribute, administer, and track COVID–19 vac- to remain available until September 30, 2023,
priated, $7,660,000,000, to remain available cines, and to carry out other vaccine-related for the program of payments to teaching
until expended, to carry out activities re- activities; health centers that operate graduate medical
lated to establishing, expanding, and sus- (2) to detect, diagnose, trace, and monitor education under section 340H of the Public
taining a public health workforce, including COVID–19 infections and related activities Health Service Act (42 U.S.C. 256h) and for
by making awards to State, local, and terri- necessary to mitigate the spread of COVID– teaching health center development grants
torial public health departments. 19, including activities related to, and equip- authorized under section 749A of the Public
(b) USE OF FUNDS FOR PUBLIC HEALTH DE- ment or supplies purchased for, testing, con- Health Service Act (42 U.S.C. 293l–1).
PARTMENTS.—Amounts made available to an tact tracing, surveillance, mitigation, and (b) USE OF FUNDS.—Amounts made avail-
awardee pursuant to subsection (a) shall be treatment of COVID–19; able pursuant to subsection (a) shall be used
used for the following: (3) to purchase equipment and supplies to for the following activities:
(1) Costs, including wages and benefits, re- conduct mobile testing or vaccinations for (1) For making payments to establish new
lated to the recruiting, hiring, and training COVID–19, to purchase and maintain mobile approved graduate medical residency train-
of individuals— vehicles and equipment to conduct such test- ing programs pursuant to section
(A) to serve as case investigators, contact ing or vaccinations, and to hire and train 340H(a)(1)(C) of the Public Health Service
tracers, social support specialists, commu- laboratory personnel and other staff to con- Act (42 U.S.C. 256h(a)(1)(C)).
nity health workers, public health nurses, duct such mobile testing or vaccinations, (2) To provide an increase to the per resi-
disease intervention specialists, epidemiolo- particularly in medically underserved areas; dent amount described in section 340H(a)(2)
gists, program managers, laboratory per- (4) to establish, expand, and sustain the of the Public Health Service Act (42 U.S.C.
sonnel, informaticians, communication and health care workforce to prevent, prepare 256h(a)(2)) of $10,000.
policy experts, and any other positions as for, and respond to COVID–19, and to carry (3) For making payments under section
may be required to prevent, prepare for, and out other health workforce-related activi- 340H(a)(1)(A) of the Public Health Service
respond to COVID–19; and ties; Act (42 U.S.C. 256h(a)(1)(A))) to qualified
(B) who are employed by— (5) to modify, enhance, and expand health teaching health centers for maintenance of
(i) the State, territorial, or local public care services and infrastructure; and filled positions at existing approved grad-
health department involved; or (6) to conduct community outreach and uate medical residency training programs.
(ii) a nonprofit private or public organiza- education activities related to COVID–19. (4) For making payments under section
tion with demonstrated expertise in imple- (c) PAST EXPENDITURES.—An awardee may 340H(a)(1)(B) of the Public Health Service
menting public health programs and estab- use amounts awarded pursuant to subsection Act (42 U.S.C. 256h(a)(1)(B)) for the expansion
lished relationships with such State, terri- (a) to cover the costs of the awardee carrying of existing approved graduate medical resi-
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torial, or local public health departments, out any of the activities described in sub- dency training programs.
particularly in medically underserved areas. section (b) during the period beginning on (5) For making awards under section 749A
(2) Personal protective equipment, data the date of the declaration of a public health of the Public Health Service Act (42 U.S.C.
management and other technology, or other emergency by the Secretary under section 293l–1) to teaching health centers for the pur-
necessary supplies. 319 of the Public Health Service Act (42 pose of establishing new accredited or ex-
(3) Administrative costs and activities nec- U.S.C. 247d) on January 31, 2020, with respect panded primary care residency programs.
essary for awardees to implement activities to COVID–19 and ending on the date of such (6) To cover administrative costs and ac-
funded under this section. award. tivities necessary for qualified teaching
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S1140 CONGRESSIONAL RECORD — SENATE March 4, 2021
health centers receiving payments under sec- such individuals, in evidence-informed strat- ices programs, and other harm reduction
tion 340H of the Public Health Service Act egies for reducing and addressing suicide, services.
(42 U.S.C. 256h) to carry out activities under burnout, mental health conditions, and sub- (2) USE OF GRANT FUNDS.—Grant funds
such section. stance use disorders among health care pro- awarded under this section to eligible enti-
SEC. 2605. FUNDING FOR FAMILY PLANNING. fessionals. ties shall be used for preventing and control-
In addition to amounts otherwise avail- SEC. 2704. FUNDING FOR EDUCATION AND ling the spread of infectious diseases and the
able, there is appropriated to the Secretary AWARENESS CAMPAIGN ENCOUR- consequences of such diseases for individuals
for fiscal year 2021, out of any money in the AGING HEALTHY WORK CONDITIONS with substance use disorder, distributing
AND USE OF MENTAL HEALTH AND opioid overdose reversal medication to indi-
Treasury not otherwise appropriated, SUBSTANCE USE DISORDER SERV-
$50,000,000, to remain available until ex- viduals at risk of overdose, connecting indi-
ICES BY HEALTH CARE PROFES-
pended, for necessary expenses for making SIONALS. viduals at risk for, or with, a substance use
grants and contracts under section 1001 of disorder to overdose education, counseling,
(a) IN GENERAL.—In addition to amounts
the Public Health Service Act (42 U.S.C. 300). and health education, and encouraging such
otherwise available, there is appropriated to
individuals to take steps to reduce the nega-
Subtitle H—Mental Health and Substance the Secretary for fiscal year 2021, out of any
tive personal and public health impacts of
Use Disorder money in the Treasury not otherwise appro-
substance use or misuse.
SEC. 2701. FUNDING FOR BLOCK GRANTS FOR priated, $20,000,000, to remain available until
COMMUNITY MENTAL HEALTH SERV- expended, for the purpose described in sub- SEC. 2707. FUNDING FOR COMMUNITY-BASED
FUNDING FOR LOCAL BEHAVIORAL
ICES. section (b).
HEALTH NEEDS.
In addition to amounts otherwise avail- (b) USE OF FUNDS.—The Secretary, acting
able, there is appropriated to the Secretary through the Director of the Centers for Dis- (a) IN GENERAL.—In addition to amounts
of Health and Human Services (in this sub- ease Control and Prevention and in consulta- otherwise available, there is appropriated to
title referred to as the ‘‘Secretary’’) for fis- tion with the medical professional commu- the Secretary for fiscal year 2021, out of any
cal year 2021, out of any money in the Treas- nity, shall use amounts appropriated by sub- money in the Treasury not otherwise appro-
ury not otherwise appropriated, $1,500,000,000, section (a) to carry out a national evidence- priated, $50,000,000, to remain available until
to remain available until expended, for car- based education and awareness campaign di- expended, to carry out the purpose described
rying out subpart I of part B of title XIX of rected at health care professionals and first in subsection (b).
the Public Health Service Act (42 U.S.C. 300x responders (such as emergency medical serv- (b) USE OF FUNDS.—
et seq.), subpart III of part B of title XIX of ice providers), and employers of such profes- (1) IN GENERAL.—The Secretary, acting
such Act (42 U.S.C. 300x–51 et seq.), and sec- sionals and first responders. Such awareness through the Assistant Secretary for Mental
tion 505(c) of such Act (42 U.S.C. 290aa–4(c)) campaign shall— Health and Substance Use, shall award
with respect to mental health. Notwith- (1) encourage primary prevention of men- grants to State, local, Tribal, and territorial
standing section 1952 of the Public Health tal health conditions and substance use dis- governments, Tribal organizations, nonprofit
Service Act (42 U.S.C. 300x–62), any amount orders and secondary and tertiary prevention community-based entities, and primary care
awarded to a State out of amounts appro- by encouraging health care professionals to and behavioral health organizations to ad-
priated by this section shall be expended by seek support and treatment for their own dress increased community behavioral
the State by September 30, 2025. mental health and substance use concerns; health needs worsened by the COVID–19 pub-
SEC. 2702. FUNDING FOR BLOCK GRANTS FOR and lic health emergency.
PREVENTION AND TREATMENT OF (2) help such professionals to identify risk (2) USE OF GRANT FUNDS.—Grant funds
SUBSTANCE ABUSE. factors in themselves and others and respond awarded under this section to eligible enti-
In addition to amounts otherwise avail- to such risks. ties shall be used for promoting care coordi-
able, there is appropriated to the Secretary SEC. 2705. FUNDING FOR GRANTS FOR HEALTH nation among local entities; training the
for fiscal year 2021, out of any money in the CARE PROVIDERS TO PROMOTE mental and behavioral health workforce, rel-
Treasury not otherwise appropriated, MENTAL HEALTH AMONG THEIR evant stakeholders, and community mem-
$1,500,000,000, to remain available until ex- HEALTH PROFESSIONAL WORK- bers; expanding evidence-based integrated
FORCE. models of care; addressing surge capacity for
pended, for carrying out subpart II of part B
of title XIX of the Public Health Service Act (a) IN GENERAL.—In addition to amounts mental and behavioral health needs; pro-
(42 U.S.C. 300x–21 et seq.), subpart III of part otherwise available, there is appropriated to viding mental and behavioral health services
B of title XIX of such Act (42 U.S.C. 300x–51 the Secretary for fiscal year 2021, out of any to individuals with mental health needs (in-
et seq.), section 505(d) of such Act (42 U.S.C. money in the Treasury not otherwise appro- cluding co-occurring substance use dis-
290aa–4(d)) with respect to substance abuse, priated, $40,000,000, to remain available until orders) as delivered by behavioral and men-
and section 515(d) of such Act (42 U.S.C. expended, for the purpose described in sub- tal health professionals utilizing telehealth
290bb–21(d)). Notwithstanding section 1952 of section (b). services; and supporting, enhancing, or ex-
the Public Health Service Act (42 U.S.C. (b) USE OF FUNDS.—The Secretary, acting panding mental and behavioral health pre-
300x–62), any amount awarded to a State out through the Administrator of the Health Re- ventive and crisis intervention services.
of amounts appropriated by this section sources and Services Administration, shall, SEC. 2708. FUNDING FOR THE NATIONAL CHILD
shall be expended by the State by September taking into consideration the needs of rural TRAUMATIC STRESS NETWORK.
30, 2025. and medically underserved communities, use In addition to amounts otherwise avail-
SEC. 2703. FUNDING FOR MENTAL HEALTH AND
amounts appropriated by subsection (a) to able, there is appropriated to the Secretary
SUBSTANCE USE DISORDER TRAIN- award grants or contracts to entities pro- for fiscal year 2021, out of any money in the
ING FOR HEALTH CARE PROFES- viding health care, including health care pro- Treasury not otherwise appropriated,
SIONALS, PARAPROFESSIONALS, viders associations and Federally qualified $10,000,000, to remain available until ex-
AND PUBLIC SAFETY OFFICERS. health centers, to establish, enhance, or ex- pended, for carrying out section 582 of the
(a) IN GENERAL.—In addition to amounts pand evidence-informed programs or proto- Public Health Service Act (42 U.S.C. 290hh–1)
otherwise available, there is appropriated to cols to promote mental health among their with respect to addressing the problem of
the Secretary for fiscal year 2021, out of any providers, other personnel, and members. high-risk or medically underserved persons
money in the Treasury not otherwise appro- SEC. 2706. FUNDING FOR COMMUNITY-BASED who experience violence-related stress.
priated, $80,000,000, to remain available until FUNDING FOR LOCAL SUBSTANCE
USE DISORDER SERVICES. SEC. 2709. FUNDING FOR PROJECT AWARE.
expended, for the purpose described in sub-
section (b). (a) IN GENERAL.—In addition to amounts In addition to amounts otherwise avail-
(b) USE OF FUNDING.—The Secretary, act- otherwise available, there is appropriated to able, there is appropriated to the Secretary
ing through the Administrator of the Health the Secretary for fiscal year 2021, out of any for fiscal year 2021, out of any money in the
Resources and Services Administration, money in the Treasury not otherwise appro- Treasury not otherwise appropriated,
shall, taking into consideration the needs of priated, $30,000,000, to remain available until $30,000,000, to remain available until ex-
rural and medically underserved commu- expended, to carry out the purpose described pended, for carrying out section 520A of the
nities, use amounts appropriated by sub- in subsection (b). Public Health Service Act (42 U.S.C. 290bb–
section (a) to award grants or contracts to (b) USE OF FUNDS.— 32) with respect to advancing wellness and
health professions schools, academic health (1) IN GENERAL.—The Secretary, acting resiliency in education.
centers, State or local governments, Indian through the Assistant Secretary for Mental SEC. 2710. FUNDING FOR YOUTH SUICIDE PRE-
Tribes and Tribal organizations, or other ap- Health and Substance Use and in consulta- VENTION.
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propriate public or private nonprofit entities tion with the Director of the Centers for Dis- In addition to amounts otherwise avail-
(or consortia of entities, including entities ease Control and Prevention, shall award able, there is appropriated to the Secretary
promoting multidisciplinary approaches), to grants to support States; local, Tribal, and for fiscal year 2021, out of any money in the
plan, develop, operate, or participate in territorial governments; Tribal organiza- Treasury not otherwise appropriated,
health professions and nursing training ac- tions; nonprofit community-based organiza- $20,000,000, to remain available until ex-
tivities for health care students, residents, tions; and primary and behavioral health or- pended, for carrying out sections 520E and
professionals, paraprofessionals, trainees, ganizations to support community-based 520E–2 of the Public Health Service Act (42
and public safety officers, and employers of overdose prevention programs, syringe serv- U.S.C. 290bb–36, 290bb–36b).
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March 4, 2021 CONGRESSIONAL RECORD — SENATE S1141
SEC. 2711. FUNDING FOR BEHAVIORAL HEALTH the cost of such benefits provided under such ations and improvements for the Informa-
WORKFORCE EDUCATION AND section 2(a)(5) as in effect on the day before tion Technology Investment Initiatives of
TRAINING. the date of enactment of this Act. the Railroad Retirement Board; and
In addition to amounts otherwise avail- SEC. 2902. EXTENDED UNEMPLOYMENT BENE- (2) $500,000, to remain available until ex-
able, there is appropriated to the Secretary FITS UNDER THE RAILROAD UNEM- pended, for the Railroad Retirement Board
for fiscal year 2021, out of any money in the PLOYMENT INSURANCE ACT. Office of Inspector General for audit, inves-
Treasury not otherwise appropriated, (a) IN GENERAL.—Section 2(c)(2)(D) of the tigatory and review activities.
$100,000,000, to remain available until ex- Railroad Unemployment Insurance Act (45
Subtitle K—Ratepayer Protection
pended, for carrying out section 756 of the U.S.C. 352(c)(2)(D)) is amended—
(1) in clause (i)— SEC. 2911. FUNDING FOR LIHEAP.
Public Health Service Act (42 U.S.C. 294e–1).
(A) in subclause (I), by striking ‘‘185 days’’ In addition to amounts otherwise avail-
SEC. 2712. FUNDING FOR PEDIATRIC MENTAL
HEALTH CARE ACCESS. and inserting ‘‘305 days’’; able, there is appropriated for fiscal year
In addition to amounts otherwise avail- (B) in subclause (II), 2021, out of any amounts in the Treasury not
able, there is appropriated to the Secretary (i) by striking ‘‘19 consecutive 14-day peri- otherwise appropriated, $4,500,000,000, to re-
for fiscal year 2021, out of any money in the ods’’ and inserting ‘‘31 consecutive 14-day pe- main available through September 30, 2022,
Treasury not otherwise appropriated, riods’’; and for additional funding to provide payments
$80,000,000, to remain available until ex- (ii) by striking ‘‘6 consecutive 14-day peri- under section 2602(b) of the Low-Income
pended, for carrying out section 330M of the ods’’ and inserting ‘‘18 consecutive 14-day pe- Home Energy Assistance Act of 1981 (42
Public Health Service Act (42 U.S.C. 254c–19). riods’’; U.S.C. 8621(b)), except that—
(2) in clause (ii)— (1) $2,250,000,000 of such amounts shall be
SEC. 2713. FUNDING FOR EXPANSION GRANTS
FOR CERTIFIED COMMUNITY BE- (A) by striking ‘‘120 days of unemploy- allocated as though the total appropriation
HAVIORAL HEALTH CLINICS. ment’’ and inserting ‘‘240 days of unemploy- for such payments for fiscal year 2021 was
In addition to amounts otherwise avail- ment’’; less than $1,975,000,000; and
able, there is appropriated to the Secretary, (B) by striking ‘‘12 consecutive 14-day peri- (2) section 2607(b)(2)(B) of such Act (42
acting through the Assistant Secretary for ods’’ and inserting ‘‘24 consecutive 14-day pe- U.S.C. 8626(b)(2)(B)) shall not apply to funds
Mental Health and Substance Use, for fiscal riods’’; and appropriated under this section for fiscal
year 2021, out of any money in the Treasury (C) by striking ‘‘6 consecutive 14-day peri- year 2021.
not otherwise appropriated, $420,000,000, to ods’’ and inserting ‘‘18 consecutive 14-day pe- SEC. 2912. FUNDING FOR WATER ASSISTANCE
PROGRAM.
remain available until expended, for grants riods’’; and
to communities and community organiza- (3) in clause (iii)— (a) IN GENERAL.—In addition to amounts
tions that meet the criteria for Certified (A) by striking ‘‘June 30, 2021’’ and insert- otherwise available, there is appropriated to
Community Behavioral Health Clinics pursu- ing ‘‘June 30, 2022’’; and the Secretary of Health and Human Services
ant to section 223(a) of the Protecting Access (B) by striking ‘‘the provisions of clauses (in this section referred to as the ‘‘Sec-
to Medicare Act of 2014 (42 U.S.C. 1396a note). (i) and (ii) shall not apply to any employee retary’’) for fiscal year 2021, out of any
whose extended benefit period under sub- amounts in the Treasury not otherwise ap-
Subtitle I—Exchange Grant Program propriated, $500,000,000, to remain available
paragraph (B) begins after March 14, 2021,
SEC. 2801. ESTABLISHING A GRANT PROGRAM until expended, for grants to States and In-
FOR EXCHANGE MODERNIZATION. and shall not apply to any employee with re-
spect to any registration period beginning dian Tribes to assist low-income households,
(a) IN GENERAL.—Out of funds appropriated particularly those with the lowest incomes,
under subsection (b), the Secretary of Health after April 5, 2021.’’ and inserting ‘‘the provi-
sions of clauses (i) and (ii) shall not apply to that pay a high proportion of household in-
and Human Services (in this subtitle referred come for drinking water and wastewater
to as the ‘‘Secretary’’) shall award grants to any employee with respect to any registra-
tion period beginning after August 29, 2021.’’ services, by providing funds to owners or op-
each American Health Benefits Exchange es- erators of public water systems or treatment
(b) CLARIFICATION ON AUTHORITY TO USE
tablished under section 1311(b) of the Patient FUNDS.—Funds appropriated under either the works to reduce arrearages of and rates
Protection and Affordable Care Act (42 first or second sentence of clause (v) of sec- charged to such households for such services.
U.S.C. 18031(b)) (other than an Exchange es- tion 2(c)(2)(D) of the Railroad Unemploy- (b) ALLOTMENT.—The Secretary shall—
tablished by the Secretary under section ment Insurance Act shall be available to (1) allot amounts appropriated in this sec-
1321(c) of such Act (42 U.S.C. 18041(c))) that cover the cost of additional extended unem- tion to a State or Indian Tribe based on—
submits to the Secretary an application at ployment benefits provided under such sec- (A) the percentage of households in the
such time and in such manner, and con- tion 2(c)(2)(D) by reason of the amendments State, or under the jurisdiction of the Indian
taining such information, as specified by the made by subsection (a) as well as to cover Tribe, with income equal or less than 150 per-
Secretary, for purposes of enabling such Ex- the cost of such benefits provided under such cent of the Federal poverty line; and
change to modernize or update any system, section 2(c)(2)(D) as in effect on the day be- (B) the percentage of households in the
program, or technology utilized by such Ex- fore the date of enactment of this Act. State, or under the jurisdiction of the Indian
change to ensure such Exchange is compliant SEC. 2903. EXTENSION OF WAIVER OF THE 7-DAY Tribe, that spend more than 30 percent of
with all applicable requirements. WAITING PERIOD FOR BENEFITS monthly income on housing; and
(b) FUNDING.—In addition to amounts oth- UNDER THE RAILROAD UNEMPLOY- (2) reserve up to 3 percent of the amount
erwise available, there is appropriated, for MENT INSURANCE ACT. appropriated in this section for Indian Tribes
fiscal year 2021, out of any money in the (a) IN GENERAL.—Section 2112(a) of the and tribal organizations.
Treasury not otherwise appropriated, CARES Act (15 U.S.C. 9030(a)) is amended by Subtitle L—Assistance for Older Americans,
$20,000,000, to remain available until Sep- striking ‘‘March 14, 2021’’ and inserting ‘‘Au- Grandfamilies, and Kinship Families
tember 30, 2022, for carrying out this section. gust 29, 2021’’.
(b) CLARIFICATION ON AUTHORITY TO USE SEC. 2921. SUPPORTING OLDER AMERICANS AND
Subtitle J—Continued Assistance to Rail THEIR FAMILIES.
FUNDS.—Funds appropriated under section
Workers (a) APPROPRIATION.—In addition to
2112(c) of the CARES Act (15 U.S.C. 9030(c))
SEC. 2901. ADDITIONAL ENHANCED BENEFITS shall be available to cover the cost of addi- amounts otherwise available, there is appro-
UNDER THE RAILROAD UNEMPLOY- tional benefits payable due to section 2112(a) priated for fiscal year 2021, out of any money
MENT INSURANCE ACT. in the Treasury not otherwise appropriated,
of such Act by reason of the amendments
(a) IN GENERAL.—Section 2(a)(5)(A) of the made by subsection (a) as well as to cover $1,434,000,000, to remain available until ex-
Railroad Unemployment Insurance Act (45 the cost of such benefits payable due to such pended, to carry out the Older Americans
U.S.C. 352(a)(5)(A)) is amended— section 2112(a) as in effect on the day before Act of 1965.
(1) in the first sentence— the date of enactment of this Act. (b) ALLOCATION OF AMOUNTS.—Amounts
(A) by striking ‘‘March 14, 2021’’ and insert- SEC. 2904. RAILROAD RETIREMENT BOARD AND made available by subsection (a) shall be
ing ‘‘August 29, 2021’’; OFFICE OF THE INSPECTOR GEN- available as follows:
(B) by striking ‘‘or July 1, 2020’’ and insert- ERAL FUNDING. (1) $750,000,000 shall be available to carry
ing ‘‘July 1, 2020, or July 1, 2021’’; and In addition to amounts otherwise made out part C of title III of such Act.
(2) by adding at the end the following: ‘‘For available, there are appropriated for fiscal (2) $25,000,000 shall be available to carry
registration periods beginning after March year 2021, out of any money in the Treasury out title VI of such Act, including part C of
14, 2021, but on or before August 29, 2021, the not otherwise appropriated— such title.
recovery benefit payable under this subpara- (1) $27,975,000, to remain available until ex- (3) $460,000,000 shall be available to carry
graph shall be in the amount of $800.’’. pended, for the Railroad Retirement Board, out part B of title III of such Act, including
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(b) CLARIFICATION ON AUTHORITY TO USE to prevent, prepare for, and respond to for—
FUNDS.—Funds appropriated under subpara- coronavirus, of which— (A) supportive services of the types made
graph (B) of section 2(a)(5) of the Railroad (A) $6,800,000 shall be for additional hiring available for fiscal year 2020;
Unemployment Insurance Act (45 U.S.C. and overtime bonuses as needed to admin- (B) efforts related to COVID–19 vaccination
352(a)(5)) shall be available to cover the cost ister the Railroad Unemployment Insurance outreach, including education, communica-
of recovery benefits provided under such sec- Act; and tion, transportation, and other activities to
tion 2(a)(5) by reason of the amendments (B) $21,175,000 shall be to supplement, not facilitate vaccination of older individuals;
made by subsection (a) as well as to cover supplant, existing resources devoted to oper- and
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S1142 CONGRESSIONAL RECORD — SENATE March 4, 2021
(C) prevention and mitigation activities re- culturally and linguistically appropriate ap- Guam, the Commonwealth of the Northern
lated to COVID–19 focused on addressing ex- proaches as the programs and organizations Mariana Islands, and American Samoa;
tended social isolation among older individ- serve grandfamilies and kinship families. (B) $30,000,000 for costs of the Secretary for
uals, including activities for investments in TITLE III—COMMITTEE ON BANKING, the administration of emergency rental as-
technological equipment and solutions or HOUSING, AND URBAN AFFAIRS sistance programs and technical assistance
other strategies aimed at alleviating nega- to recipients of any grants made by the Sec-
Subtitle A—Defense Production Act of 1950
tive health effects of social isolation due to retary to provide financial and other assist-
long-term stay-at-home recommendations SEC. 3101. COVID–19 EMERGENCY MEDICAL SUP- ance to renters;
PLIES ENHANCEMENT.
for older individuals for the duration of the (C) $3,000,000 for administrative expenses of
COVID–19 public health emergency. (a) SUPPORTING ENHANCED USE OF THE DE- the Inspector General relating to oversight
(4) $44,000,000 shall be available to carry FENSE PRODUCTION ACT OF 1950.—In addition of funds provided in this section; and
out part D of title III of such Act. to funds otherwise available, there is appro- (D) $2,500,000,000 for payments to high-need
(5) $145,000,000 shall be available to carry priated, for fiscal year 2021, out of any grantees as provided in this section.
out part E of title III of such Act. money in the Treasury not otherwise appro-
priated, $10,000,000,000, notwithstanding sec- (b) ALLOCATION OF FUNDS TO ELIGIBLE
(6) $10,000,000 shall be available to carry GRANTEES.—
out the long-term care ombudsman program tion 304(e) of the Defense Production Act of
1950 (50 U.S.C. 4534(e)), to remain available (1) ALLOCATION FOR STATES AND UNITS OF
under title VII of such Act. LOCAL GOVERNMENT.—
SEC. 2922. NATIONAL TECHNICAL ASSISTANCE until September 30, 2025, to carry out titles I,
III, and VII of such Act in accordance with (A) IN GENERAL.—The amount appropriated
CENTER ON GRANDFAMILIES AND under paragraph (1) of subsection (a) that re-
KINSHIP FAMILIES. subsection (b).
(b) MEDICAL SUPPLIES AND EQUIPMENT.— mains after the application of paragraph (2)
(a) IN GENERAL.—In addition to amounts
(1) TESTING, PPE, VACCINES, AND OTHER MA- of such subsection shall be allocated to eligi-
otherwise available, there is appropriated to
TERIALS.—Except as provided in paragraph
ble grantees described in subparagraphs (A)
the Secretary of Health and Human Services
(2), amounts appropriated in subsection (a) and (B) of subsection (f)(1) in the same man-
for fiscal year 2021, out of any money in the
shall be used for the purchase, production ner as the amount appropriated under sec-
Treasury not otherwise appropriated,
$10,000,000, to remain available through Sep- (including the construction, repair, and ret- tion 501 of subtitle A of title V of division N
tember 30, 2025, for the Secretary, acting rofitting of government-owned or private fa- of the Consolidated Appropriations Act, 2021
through the Administrator of the Adminis- cilities as necessary), or distribution of med- (Public Law 116–260) is allocated to States
tration for Community Living, to establish, ical supplies and equipment (including dura- and units of local government under sub-
directly or through grants or contracts, a ble medical equipment) related to combating section (b)(1) of such section, except that
National Technical Assistance Center on the COVID–19 pandemic, including— section 501(b) of such subtitle A shall be ap-
Grandfamilies and Kinship Families (in this (A) in vitro diagnostic products for the de- plied—
section referred to as the ‘‘Center’’) to pro- tection of SARS-CoV-2 or the diagnosis of (i) without regard to clause (i) of para-
vide training, technical assistance, and re- the virus that causes COVID–19, and the re- graph (1)(A);
sources for government programs, nonprofit agents and other materials necessary for (ii) by deeming the amount appropriated
and other community-based organizations, producing, conducting, or administering under paragraph (1) of subsection (a) of this
and Indian Tribes, Tribal organizations, and such products, and the machinery, equip- Act that remains after the application of
urban Indian organizations, that serve ment, laboratory capacity, or other tech- paragraph (2) of such subsection to be the
grandfamilies and kinship families to sup- nology necessary to produce such products; amount deemed to apply for purposes of ap-
port the health and well-being of members of (B) face masks and personal protective plying clause (ii) of section 501(b)(1)(A) of
grandfamilies and kinship families, includ- equipment, including face shields, nitrile such subtitle A;
ing caregivers, children, and their parents. gloves, N–95 filtering facepiece respirators, (iii) by substituting ‘‘$152,000,000’’ for
The Center shall focus primarily on serving and any other masks or equipment (includ- ‘‘$200,000,000’’ each place such term appears;
grandfamilies and kinship families in which ing durable medical equipment) needed to re- (iv) in subclause (I) of such section
the primary caregiver is an adult age 55 or spond to the COVID–19 pandemic, and the 501(b)(1)(A)(v), by substituting ‘‘under sec-
older, or the child has one or more disabil- materials, machinery, additional manufac- tion 3201 of the American Rescue Plan Act of
ities. turing lines or facilities, or other technology 2021’’ for ‘‘under section 501 of subtitle A of
(b) ACTIVITIES OF THE CENTER.—The Center necessary to produce such equipment; and title V of division N of the Consolidated Ap-
shall— (C) drugs, devices, and biological products propriations Act, 2021’’; and
(1) engage experts to stimulate the devel- that are approved, cleared, licensed, or au- (v) in subclause (II) of such section
opment of new and identify existing evi- thorized for use in treating or preventing 501(b)(1)(A)(v), by substituting ‘‘local govern-
dence-based, evidence-informed, and exem- COVID–19 and symptoms related to COVID– ment elects to receive funds from the Sec-
plary practices or programs related to health 19, and any materials, manufacturing ma- retary under section 3201 of the American
promotion (including mental health and sub- chinery, additional manufacturing or fill-fin- Rescue Plan Act of 2021 and will use the
stance use disorder treatment), education, ish lines or facilities, technology, or equip- funds in a manner consistent with such sec-
nutrition, housing, financial needs, legal ment (including durable medical equipment) tion’’ for ‘‘local government elects to receive
issues, disability self-determination, care- necessary to produce or use such drugs, bio- funds from the Secretary under section 501 of
giver support, and other issues to help serve logical products, or devices (including sy- subtitle A of title V of division N of the Con-
caregivers, children, and their parents in ringes, vials, or other supplies or equipment solidated Appropriations Act, 2021 and will
grandfamilies and kinship families; related to delivery, distribution, or adminis- use the funds in a manner consistent with
(2) encourage and support the implementa- tration). such section’’.
tion of the evidence-based, evidence-in- (2) RESPONDING TO PUBLIC HEALTH EMER- (B) PRO RATA ADJUSTMENT.—The Secretary
formed, and exemplary practices or pro- GENCIES.—After September 30, 2022, amounts
shall make pro rata adjustments in the
grams identified under paragraph (1) to sup- appropriated in subsection (a) may be used amounts of the allocations determined under
port grandfamilies and kinship families and for any activity authorized by paragraph (1), subparagraph (A) of this paragraph for enti-
to promote coordination of services for or any other activity necessary to meet crit- ties described in such subparagraph as nec-
grandfamilies and kinship families across ical public health needs of the United States, essary to ensure that the total amount of al-
systems that support them; with respect to any pathogen that the Presi- locations made pursuant to such subpara-
(3) facilitate learning across States, terri- dent has determined has the potential for graph does not exceed the remainder appro-
tories, Indian Tribes, Tribal organizations, creating a public health emergency. priated amount described in such subpara-
and urban Indian organizations for providing graph.
technical assistance, resources, and training Subtitle B—Housing Provisions (2) ALLOCATIONS FOR TERRITORIES.—The
related to issues described in paragraph (1) SEC. 3201. EMERGENCY RENTAL ASSISTANCE. amount reserved under subsection (a)(2)(A)
to individuals and entities across systems (a) FUNDING.— shall be allocated to eligible grantees de-
that directly work with grandfamilies and (1) APPROPRIATION.—In addition to scribed in subsection (f)(1)(C) in the same
kinship families; amounts otherwise available, there is appro- manner as the amount appropriated under
(4) help government programs, nonprofit priated to the Secretary of the Treasury for section 501(a)(2)(A) of subtitle A of title V of
and other community-based organizations, fiscal year 2021, out of any money in the division N of the Consolidated Appropria-
and Indian Tribes, Tribal organizations, and Treasury not otherwise appropriated, tions Act, 2021 (Public Law 116–260) is allo-
urban Indian organizations, serving $21,550,000,000, to remain available until Sep- cated under section 501(b)(3) of such subtitle
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grandfamilies and kinship families, to plan tember 30, 2027, for making payments to eli- A to eligible grantees described under sub-
and coordinate responses to assist gible grantees under this section— paragraph (C) of such section 501(b)(3), except
grandfamilies and kinship families during (2) RESERVATION OF FUNDS.—Of the amount that section 501(b)(3) of such subtitle A shall
national, State, Tribal, territorial, and local appropriated under paragraph (1), the Sec- be applied—
emergencies and disasters; and retary shall reserve— (A) in subparagraph (A), by inserting ‘‘of
(5) assist government programs, and non- (A) $305,000,000 for making payments under section 3201 of the American Rescue Plan
profit and other community-based organiza- this section to the Commonwealth of Puerto Act of 2021’’ after ‘‘the amount reserved
tions, in promoting equity and implementing Rico, the United States Virgin Islands, under subsection (a)(2)(A)’’; and
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March 4, 2021 CONGRESSIONAL RECORD — SENATE S1143
(B) in clause (i) of subparagraph (B), by in section 3(b) of the United States Housing (g) AVAILABILITY.—Funds provided to an el-
substituting ‘‘the amount equal to 0.3 per- Act of 1937 (42 U.S.C. 1437a(b))); and igible grantee under a payment made under
cent of the amount appropriated under sub- (ii) prior to obligating any funds for such this section shall remain available through
section (a)(1)’’ with ‘‘the amount equal to 0.3 purposes, the eligible grantee has obligated September 30, 2025.
percent of the amount appropriated under not less than 75 percent of the total funds al- (h) EXTENSION OF AVAILABILITY UNDER PRO-
subsection (a)(1) of section 3201 of the Amer- located to such eligible grantee in accord- GRAM FOR EXISTING FUNDING.—Paragraph (1)
ican Rescue Plan Act of 2021’’. ance with this section. of section 501(e) of subtitle A of title V of di-
(3) HIGH-NEED GRANTEES.—The Secretary (2) DISTRIBUTION OF ASSISTANCE.—Amounts vision N of the Consolidated Appropriations
shall allocate funds reserved under sub- appropriated under subsection (a)(1) of this Act, 2021 (Public Law 116–260) is amended by
section (a)(2)(D) to eligible grantees with a section shall be subject to the same terms striking ‘‘December 31, 2021’’ and inserting
high need for assistance under this section, and conditions that apply under paragraph ‘‘September 30, 2022’’.
with the number of very low-income renter (4) of section 501(c) of subtitle A of title V of SEC. 3202. EMERGENCY HOUSING VOUCHERS.
households paying more than 50 percent of division N of the Consolidated Appropria- (a) APPROPRIATION.—In addition to
income on rent or living in substandard or tions Act, 2021 (Public Law 116–260) to amounts otherwise available, there is appro-
overcrowded conditions, rental market costs, amounts appropriated under subsection (a)(1) priated to the Secretary of Housing and
and change in employment since February of such section 501. Urban Development (in this section referred
2020 used as the factors for allocating funds. (e) REALLOCATION OF FUNDS.— to as the ‘‘Secretary’’) for fiscal year 2021,
(c) PAYMENT SCHEDULE.— (1) IN GENERAL.—Beginning March 31, 2022, out of any money in the Treasury not other-
(1) IN GENERAL.—The Secretary shall pay the Secretary shall reallocate funds allo- wise appropriated, $5,000,000,000, to remain
all eligible grantees not less than 40 percent cated to eligible grantees in accordance with available until September 30, 2030, for—
of each such eligible grantee’s total alloca- subsection (b) but not yet paid in accordance (1) incremental emergency vouchers under
tion provided under subsection (b) within 60 with subsection (c)(2) according to a proce- subsection (b);
days of enactment of this Act. dure established by the Secretary. (2) renewals of the vouchers under sub-
(2) SUBSEQUENT PAYMENTS.—The Secretary (2) ELIGIBILITY FOR REALLOCATED FUNDS.— section (b);
shall pay to eligible grantees additional The Secretary shall require an eligible (3) fees for the costs of administering
amounts in tranches up to the full amount of grantee to have obligated 50 percent of the vouchers under subsection (b) and other eli-
each such eligible grantee’s total allocation total amount of funds allocated to such eligi- gible expenses defined by notice to prevent,
in accordance with a procedure established ble grantee under subsection (b) to be eligi- prepare, and respond to coronavirus to facili-
by the Secretary, provided that any such ble to receive funds reallocated under para- tate the leasing of the emergency vouchers,
procedure established by the Secretary shall graph (1) of this subsection. such as security deposit assistance and other
require that an eligible grantee must have (3) PAYMENT OF REALLOCATED FUNDS BY THE costs related to retention and support of par-
obligated not less than 75 percent of the SECRETARY.—The Secretary shall pay to each ticipating owners; and
funds already disbursed by the Secretary eligible grantee eligible for a payment of re- (4) adjustments in the calendar year 2021
pursuant to this section prior to disburse- allocated funds described in paragraph (2) of section 8 renewal funding allocation, includ-
ment of additional amounts. this subsection the amount allocated to such ing mainstream vouchers, for public housing
(d) USE OF FUNDS.— eligible grantee in accordance with the pro- agencies that experience a significant in-
(1) IN GENERAL.—An eligible grantee shall cedure established by the Secretary in ac- crease in voucher per-unit costs due to ex-
only use the funds provided from payments cordance with paragraph (1) of this sub- traordinary circumstances or that, despite
made under this section as follows: section. taking reasonable cost savings measures,
(A) FINANCIAL ASSISTANCE.— (4) USE OF REALLOCATED FUNDS.—Eligible would otherwise be required to terminate
(i) IN GENERAL.—Subject to clause (ii) of grantees may use any funds received in ac- rental assistance for families as a result of
this subparagraph, funds received by an eli- cordance with this subsection only for pur- insufficient funding.
gible grantee from payments made under poses specified in paragraph (1) of subsection (b) EMERGENCY VOUCHERS.—
this section shall be used to provide financial (d). (1) IN GENERAL.—The Secretary shall pro-
assistance to eligible households, not to ex- (f) DEFINITIONS.—In this section: vide emergency rental assistance vouchers
ceed 18 months, including the payment of— (1) ELIGIBLE GRANTEE.—The term ‘‘eligible under subsection (a), which shall be tenant-
(I) rent; grantee’’ means any of the following: based rental assistance under section 8(o) of
(II) rental arrears; (A) The 50 States of the United States and the United States Housing Act of 1937 (42
(III) utilities and home energy costs; the District of Columbia. U.S.C. 1437f(o)).
(IV) utilities and home energy costs ar- (B) A unit of local government (as defined (2) QUALIFYING INDIVIDUALS OR FAMILIES DE-
rears; and in paragraph (5)). FINED.—For the purposes of this section,
(V) other expenses related to housing, as (C) The Commonwealth of Puerto Rico, the qualifying individuals or families are those
defined by the Secretary. United States Virgin Islands, Guam, the who are—
(ii) LIMITATION.—The aggregate amount of Commonwealth of the Northern Mariana Is- (A) homeless (as such term is defined in
financial assistance an eligible household lands, and American Samoa. section 103(a) of the McKinney-Vento Home-
may receive under this section, when com- (2) ELIGIBLE HOUSEHOLD.—The term ‘‘eligi- less Assistance Act (42 U.S.C. 11302(a));
bined with financial assistance provided ble household’’ means a household of 1 or (B) at risk of homelessness (as such term is
under section 501 of subtitle A of title V of more individuals who are obligated to pay defined in section 401(1) of the McKinney-
division N of the Consolidated Appropria- rent on a residential dwelling and with re- Vento Homeless Assistance Act (42 U.S.C.
tions Act, 2021 (Public Law 116–260), shall not spect to which the eligible grantee involved 11360(1)));
exceed 18 months. determines that— (C) fleeing, or attempting to flee, domestic
(B) HOUSING STABILITY SERVICES.—Not (A) 1 or more individuals within the house- violence, dating violence, sexual assault,
more than 10 percent of funds received by an hold has— stalking, or human trafficking, as defined by
eligible grantee from payments made under (i) qualified for unemployment benefits; or the Secretary; or
this section may be used to provide case (ii) experienced a reduction in household (D) recently homeless, as determined by
management and other services intended to income, incurred significant costs, or experi- the Secretary, and for whom providing rent-
help keep households stably housed. enced other financial hardship during or due, al assistance will prevent the family’s home-
(C) ADMINISTRATIVE COSTS.—Not more than directly or indirectly, to the coronavirus lessness or having high risk of housing insta-
15 percent of the total amount paid to an eli- pandemic; bility.
gible grantee under this section may be used (B) 1 or more individuals within the house- (3) ALLOCATION.—The Secretary shall no-
for administrative costs attributable to pro- hold can demonstrate a risk of experiencing tify public housing agencies of the number of
viding financial assistance, housing stability homelessness or housing instability; and emergency vouchers provided under this sec-
services, and other affordable rental housing (C) the household is a low-income family tion to be allocated to the agency not later
and eviction prevention activities, including (as such term is defined in section 3(b) of the than 60 days after the date of the enactment
for data collection and reporting require- United States Housing Act of 1937 (42 U.S.C. of this Act, in accordance with a formula
ments related to such funds. 1437a(b)). that includes public housing agency capacity
(D) OTHER AFFORDABLE RENTAL HOUSING (3) INSPECTOR GENERAL.—The term ‘‘Inspec- and ensures geographic diversity, including
AND EVICTION PREVENTION ACTIVITIES.—An eli- tor General’’ means the Inspector General of with respect to rural areas, among public
gible grantee may use any funds from pay- the Department of the Treasury. housing agencies administering the Housing
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ments made under this section that are un- (4) SECRETARY.—The term ‘‘Secretary’’ Choice Voucher program.
obligated on October 1, 2022, for purposes in means the Secretary of the Treasury. (4) TERMS AND CONDITIONS.—
addition to those specified in this paragraph, (5) UNIT OF LOCAL GOVERNMENT.—The term (A) ELECTION TO ADMINISTER.—The Sec-
provided that— ‘‘unit of local government’’ has the meaning retary shall establish a procedure for public
(i) such other purposes are affordable rent- given such term in section 501 of subtitle A housing agencies to accept or decline the
al housing and eviction prevention purposes, of title V of division N of the Consolidated emergency vouchers allocated to the agency
as defined by the Secretary, serving very Appropriations Act, 2021 (Public Law 116– in accordance with the formula under sub-
low-income families (as such term is defined 260). paragraph (3).
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S1144 CONGRESSIONAL RECORD — SENATE March 4, 2021
(B) FAILURE TO USE VOUCHERS PROMPTLY.— (1) target housing counseling services to stalking, or human trafficking, as defined by
If a public housing agency fails to lease its minority and low-income populations facing the Secretary;
authorized vouchers under subsection (b) on housing instability; or (4) in other populations where providing
behalf of eligible families within a reason- (2) provide housing counseling services in supportive services or assistance under sec-
able period of time, the Secretary may re- neighborhoods having high concentrations of tion 212(a) of the Act (42 U.S.C. 12742(a))
voke and redistribute any unleased vouchers minority and low-income populations. would prevent the family’s homelessness or
and associated funds, including administra- (b) LIMITATION.—The aggregate amount would serve those with the greatest risk of
tive fees and costs referred to in subsection provided to NeighborWorks organizations housing instability; or
(a)(3), to other public housing agencies ac- under this section shall not exceed 15 percent (5) veterans and families that include a
cording to the formula under paragraph (3). of the total of grant funds made available by veteran family member that meet one of the
(5) WAIVERS AND ALTERNATIVE REQUIRE- subsection (a). preceding criteria.
MENTS.—The Secretary may waive or specify
(c) ADMINISTRATION AND OVERSIGHT.—The (c) TERMS AND CONDITIONS.—
alternative requirements for any provision of Corporation may retain a portion of the (1) FUNDING RESTRICTIONS.—The cost limits
the United States Housing Act of 1937 (42 amounts provided under this section, in a in section 212(e) (42 U.S.C. 12742(e)), the com-
proportion consistent with its standard rate mitment requirements in section 218(g) (42
U.S.C. 1437 et seq.) or regulation applicable
for program administration in order to cover U.S.C. 12748(g)), the matching requirements
to such statute other than requirements re-
its expenses related to program administra- in section 220 (42 U.S.C. 12750), and the set-
lated to fair housing, nondiscrimination,
tion and oversight. aside for housing developed, sponsored, or
labor standards, and the environment, upon (d) HOUSING COUNSELING SERVICES DE-
a finding that the waiver or alternative re- owned by community housing development
FINED.— For the purposes of this section, the organizations required in section 231 of the
quirement is necessary to expedite or facili- term ‘‘housing counseling services’’ means—
tate the use of amounts made available in Act (42 U.S.C. 12771) shall not apply for
(1) housing counseling provided directly to amounts made available in this section.
this section. households facing housing instability, such
(6) TERMINATION OF VOUCHERS UPON TURN- (2) ADMINISTRATIVE COSTS.— Notwith-
as eviction, default, foreclosure, loss of in- standing sections 212(c) and (d)(1) of the Act
OVER.—After September 30, 2023, a public come, or homelessness;
housing agency may not reissue any vouch- (42 U.S.C. 12742(c) and (d)(1)), of the funds
(2) education, outreach, training, tech- made available in this section for carrying
ers made available under this section when nology upgrades, and other program related
assistance for the family assisted ends. out activities authorized in this section, a
support; and grantee may use up to fifteen percent of its
(c) TECHNICAL ASSISTANCE AND OTHER (3) operational oversight funding for grant-
COSTS.—The Secretary may use not more allocation for administrative and planning
ees and subgrantees that receive funds under costs.
$20,000,000 of the amounts made available this section.
under this section for the costs to the Sec- (3) OPERATING EXPENSES.—Notwithstanding
SEC. 3205. HOMELESSNESS ASSISTANCE AND SUP- sections 212(a) and (g) of the Act (42 U.S.C.
retary of administering and overseeing the PORTIVE SERVICES PROGRAM.
12742(a) and (g)), a grantee may use up to an
implementation of this section and the Hous- (a) APPROPRIATION.—In addition to additional five percent of its allocation for
ing Choice Voucher program generally, in- amounts otherwise available, there is appro- the payment of operating expenses of com-
cluding information technology, financial re- priated to the Secretary of Housing and munity housing development organizations
porting, and other costs. Of the amounts set Urban Development (in this section referred and nonprofit organizations carrying out ac-
aside under this subsection, the Secretary to as the ‘‘Secretary’’) for fiscal year 2021, tivities authorized under this section, but
may use not more than $10,000,000, without out of any money in the Treasury not other-
only if—
competition, to make new awards or increase wise appropriated, $5,000,000,000, to remain
(A) such funds are used to develop the ca-
prior awards to existing technical assistance available until September 30, 2025, except
pacity of the community housing develop-
providers to provide an immediate increase that amounts authorized under subsection
ment organization or nonprofit organization
in capacity building and technical assistance (d)(3) shall remain available until September
in the jurisdiction or insular area to carry
to public housing agencies. 30, 2029, for assistance under title II of the
out activities authorized under this section;
(d) IMPLEMENTATION.—The Secretary may Cranston-Gonzalez National Affordable
and
implement the provisions of this section by Housing Act (42 U.S.C. 12721 et seq.) for the
(B) the community housing development
notice. following activities to primarily benefit
qualifying individuals or families: organization or nonprofit organization com-
SEC. 3203. EMERGENCY ASSISTANCE FOR RURAL plies with the limitation on assistance in
HOUSING. (1) Tenant-based rental assistance.
(2) The development and support of afford- section 234(b) of the Act (42 U.S.C. 12774(b)).
In addition to amounts otherwise avail- (4) CONTRACTING.—A grantee, when con-
able, there is appropriated to the Secretary able housing pursuant to section 212(a) of the
Cranston-Gonzalez National Affordable tracting with service providers engaged di-
of Agriculture for fiscal year 2021, out of any rectly in the provision of services under
money in the Treasury not otherwise appro- Housing Act (42 U.S.C. 12742(a)) (‘‘the Act’’
herein). paragraph (a)(3), shall, to the extent prac-
priated, $100,000,000, to remain available ticable, enter into contracts in amounts that
until September 30, 2022, to provide grants (3) Supportive services to qualifying indi-
viduals or families not already receiving cover the actual total program costs and ad-
under section 521(a)(2) of the Housing Act of ministrative overhead to provide the serv-
1949 or agreements entered into in lieu of such supportive services, including—
(A) activities listed in section 401(29) of the ices contracted.
debt forgiveness or payments for eligible (d) ALLOCATION.—
households as authorized by section McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11360(29)); (1) FORMULA ASSISTANCE.—Except as pro-
502(c)(5)(D) of the Housing Act of 1949, for vided in paragraphs (2) and (3), the Secretary
temporary adjustment of income losses for (B) housing counseling; and
(C) homeless prevention services. shall allocate amounts made available under
residents of housing financed or assisted this section pursuant to section 217 of the
under section 514, 515, or 516 of the Housing (4) The acquisition and development of
non-congregate shelter units, all or a portion Act (42 U.S.C. 12747) to grantees that re-
Act of 1949 who have experienced income loss ceived allocations pursuant to that same for-
of which may—
but are not currently receiving Federal rent- mula in fiscal year 2021, and shall make such
(A) be converted to permanent affordable
al assistance. allocations within 30 days of enactment of
housing;
SEC. 3204. HOUSING COUNSELING. this Act.
(B) be used as emergency shelter under
(a) APPROPRIATION.—In addition to subtitle B of title IV of the McKinney-Vento (2) TECHNICAL ASSISTANCE.—Up to
amounts otherwise available, there is appro- Homeless Assistance Act (42 U.S.C. 11371- $25,000,000 of the amounts made available
priated to the Neighborhood Reinvestment 11378); under this section shall be used, without
Corporation (in this section referred to as (C) be converted to permanent housing competition, to make new awards or increase
the ‘‘Corporation’’) for fiscal year 2021, out of under subtitle C of title IV of the McKinney- prior awards to existing technical assistance
any money in the Treasury not otherwise ap- Vento Homeless Assistance Act (42 U.S.C. providers to provide an immediate increase
propriated, $100,000,000, to remain available 11381-11389); or in capacity building and technical assistance
until September 30, 2025, for grants to hous- (D) remain as non-congregate shelter available to any grantees implementing ac-
ing counseling intermediaries approved by units. tivities or projects consistent with this sec-
the Department of Housing and Urban Devel- (b) QUALIFYING INDIVIDUALS OR FAMILIES tion.
opment, State housing finance agencies, and DEFINED.—For the purposes of this section, (3) OTHER COSTS.—Up to $50,000,000 of the
NeighborWorks organizations for providing qualifying individuals or families are those amounts made available under this section
housing counseling services, as authorized who are— shall be used for the administrative costs to
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under the Neighborhood Reinvestment Cor- (1) homeless, as defined in section 103(a) of oversee and administer implementation of
poration Act (42 U.S.C. 8101-8107) and con- the McKinney-Vento Homeless Assistance this section and the HOME program gen-
sistent with the discretion set forth in sec- Act (42 U.S.C. 11302(a)); erally, including information technology, fi-
tion 606(a)(5) of such Act (42 U.S.C. 8105(a)(5)) (2) at-risk of homelessness, as defined in nancial reporting, and other costs.
to design and administer grant programs. Of section 401(1) of the McKinney-Vento Home- (4) WAIVERS OR ALTERNATIVE REQUIRE-
the grant funds made available under this less Assistance Act (42 U.S.C. 11360(1)); MENTS.—The Secretary may waive or specify
subsection, not less than 40 percent shall be (3) fleeing, or attempting to flee, domestic alternative requirements for any provision of
provided to counseling organizations that— violence, dating violence, sexual assault, the Cranston-Gonzalez National Affordable
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March 4, 2021 CONGRESSIONAL RECORD — SENATE S1145
Housing Act (42 U.S.C. 12701 et seq.) and ti- other housing related costs related to a pe- (A) IN GENERAL.—Each State of the United
tles I and IV of the McKinney-Vento Home- riod of forbearance, delinquency, or default; States, the District of Columbia, and the
lessness Act (42 U.S.C. 11301 et seq., 11360 et (C) principal reduction; Commonwealth of Puerto Rico shall receive
seq.) or regulation for the administration of (D) facilitating interest rate reductions; no less than $50,000,000 for the purposes es-
the amounts made available under this sec- (E) payment assistance for— tablished in (c).
tion other than requirements related to fair (i) utilities, including electric, gas, home (B) PRO RATA ADJUSTMENTS.—The Sec-
housing, nondiscrimination, labor standards, energy, and water; retary shall adjust on a pro rata basis the
and the environment, upon a finding that the (ii) internet service, including broadband amount of the payments for each State of
waiver or alternative requirement is nec- internet access service, as defined in section the United States, the District of Columbia,
essary to expedite or facilitate the use of 8.1(b) of title 47, Code of Federal Regulations and the Commonwealth of Puerto Rico deter-
amounts made available under this section. (or any successor regulation); mined under this subsection without regard
SEC. 3206. HOMEOWNER ASSISTANCE FUND. (iii) homeowner’s insurance, flood insur- to this subparagraph to the extent necessary
(a) APPROPRIATION.—In addition to ance, and mortgage insurance; and to comply with the requirements of subpara-
amounts otherwise available, there is appro- (iv) homeowner’s association, condo- graph (A).
priated to the Secretary of the Treasury for minium association fees, or common (4) TERRITORY SET-ASIDE.—Notwithstanding
the Homeowner Assistance Fund established charges; any other provision of this section, of the
under subsection (c) for fiscal year 2021, out (F) reimbursement of funds expended by a amounts appropriated under subsection (a),
of any money in the Treasury not otherwise State, local government, or designated enti- the Secretary shall reserve $30,000,000 to be
appropriated, $9,961,000,000, to remain avail- ty under subsection (f) during the period be- disbursed to Guam, American Samoa, the
able until September 30, 2025, for qualified ginning on January 21, 2020, and ending on United States Virgin Islands, and the Com-
expenses that meet the purposes specified the date that the first funds are disbursed by monwealth of the Northern Mariana Islands
under subsection (c) and expenses described the eligible entity under the Homeowner As- based on each such territory’s share of the
in subsection (d)(1). sistance Fund, for the purpose of providing combined total population of all such terri-
(b) DEFINITIONS.—In this section: housing or utility payment assistance to tories, as determined by the Secretary. For
(1) CONFORMING LOAN LIMIT.—The term the purposes of this paragraph, population
homeowners or otherwise providing funds to
‘‘conforming loan limit’’ means the applica- shall be determined based on the most recent
prevent foreclosure or post-foreclosure evic-
ble limitation governing the maximum origi- year for which data are available from the
tion of a homeowner or prevent mortgage de-
nal principal obligation of a mortgage se- United States Census Bureau.
linquency or loss of housing or utilities as a
cured by a single-family residence, a mort- (5) TRIBAL SET-ASIDE.—The Secretary shall
response to the coronavirus disease (COVID)
gage secured by a 2-family residence, a mort- allocate funds to any eligible entity des-
pandemic; and
gage secured by a 3-family residence, or a ignated under subsection (f) pursuant to the
(G) any other assistance to promote hous-
mortgage secured by a 4-family residence, as requirements of that subsection.
ing stability for homeowners, including pre-
determined and adjusted annually under sec- (e) DISTRIBUTION OF FUNDS TO STATES.—
venting mortgage delinquency, default, fore-
tion 302(b)(2) of the Federal National Mort- (1) IN GENERAL.—The Secretary shall make
gage Association Charter Act (12 U.S.C. closure, post-foreclosure eviction of a home-
payments, beginning not later than 45 days
1717(b)(2)) and section 305(a)(2) of the Federal owner, or the loss of utility or home energy
after enactment of this Act, from amounts
Home Loan Mortgage Corporation Act (12 services, as determined by the Secretary.
allocated under subsection (d) to eligible en-
U.S.C. 1454(a)(2)). (2) TARGETING.—Not less than 60 percent of
tities that have notified the Secretary that
(2) DWELLING.—The term ‘‘dwelling’’ means amounts made to each eligible entity allo-
they request to receive payment from the
any building, structure, or portion thereof cated amounts under subsection (d) or (f) Fund and that the eligible entity will use
which is occupied as, or designed or intended shall be used for qualified expenses that as- such payments in compliance with this sec-
for occupancy as, a residence by one or more sist homeowners having incomes equal to or tion.
individuals. less than 100 percent of the area median in- (2) REALLOCATION.—If a State does not re-
(3) ELIGIBLE ENTITY.—The term ‘‘eligible come for their household size or equal to or quest allocated funds by the 45th day after
entity’’ means— less than 100 percent of the median income the date of enactment of this Act, such State
(A) a State; or for the United States, as determined by the shall not be eligible for a payment from the
(B) any entity eligible for payment under Secretary of Housing and Urban Develop- Secretary pursuant to this section, and the
subsection (f). ment, whichever is greater. The eligible enti- Secretary shall, by the 180th day after the
(4) MORTGAGE.—The term ‘‘mortgage’’ ty shall prioritize remaining funds to so- date of enactment of this Act, reallocate any
means any credit transaction— cially disadvantaged individuals. funds that were not requested by such State
(A) that is secured by a mortgage, deed of (d) ALLOCATION OF FUNDS.— among the States that have requested funds
trust, or other consensual security interest (1) ADMINISTRATION.—Of any amounts made by the 45th day after the date of enactment
on a principal residence of a borrower that is available under this section, the Secretary of this Act. For any such reallocation of
(i) a 1- to 4-unit dwelling, or (ii) residential shall reserve— funds, the Secretary shall adhere to the re-
real property that includes a 1- to 4-unit (A) to the Department of the Treasury, an quirements of subsection (d), except for para-
dwelling; and amount not to exceed $40,000,000 to admin- graph (1), to the greatest extent possible,
(B) the unpaid principal balance of which ister and oversee the Fund, and to provide provided that the Secretary shall also take
was, at the time of origination, not more technical assistance to eligible entities for into consideration in determining such re-
than the conforming loan limit. the creation and implementation of State allocation a State’s remaining need and a
(5) FUND.—The term ‘‘Fund’’ means the and tribal programs to administer assistance State’s record of using payments from the
Homeowner Assistance Fund established from the Fund; and Fund to serve homeowners at dispropor-
under subsection (c). (B) to the Inspector General of the Depart- tionate risk of mortgage default, foreclosure,
(6) SECRETARY.—The term ‘‘Secretary’’ ment of the Treasury, an amount to not ex- or displacement, including homeowners hav-
means the Secretary of the Treasury. ceed $2,600,000 for oversight of the program ing incomes equal to or less than 100 percent
(7) STATE.—The term ‘‘State’’ means any under this section. of the area median income for their house-
State of the United States, the District of (2) FOR STATES.—After the application of hold size or 100 percent of the median income
Columbia, the Commonwealth of Puerto paragraphs (1), (4), and (5) of this subsection for the United States, as determined by the
Rico, Guam, American Samoa, the United and subject to paragraph (3) of this sub- Secretary of Housing and Urban Develop-
States Virgin Islands, and the Common- section, the Secretary shall allocate the re- ment, whichever is greater, and minority
wealth of the Northern Mariana Islands. maining funds available within the Home- homeowners.
(c) ESTABLISHMENT OF FUND.— owner Assistance Fund to each State of the (f) TRIBAL SET-ASIDE.—
(1) ESTABLISHMENT; QUALIFIED EXPENSES.— United States, the District of Columbia, and (1) SET-ASIDE.—Notwithstanding any other
There is established in the Department of the Commonwealth of Puerto Rico based on provision of this section, of the amounts ap-
the Treasury a Homeowner Assistance Fund homeowner need, for such State relative to propriated under subsection (a), the Sec-
to mitigate financial hardships associated all States of the United States, the District retary shall use 5 percent to make payments
with the coronavirus pandemic by providing of Columbia, and the Commonwealth of to entities that are eligible for payments
such funds as are appropriated by subsection Puerto Rico, as of the date of the enactment under clauses (i) and (ii) of section
(a) to eligible entities for the purpose of pre- of this Act, which is determined by reference 501(b)(2)(A) of subtitle A of title V of division
venting homeowner mortgage delinquencies, to— N of the Consolidated Appropriations Act,
defaults, foreclosures, loss of utilities or (A) the average number of unemployed in- 2021 (Public Law 116-260) for the purposes de-
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home energy services, and displacements of dividuals measured over a period of time not scribed in subsection (c).
homeowners experiencing financial hardship fewer than 3 months and not more than 12 (2) ALLOCATION AND PAYMENT.—The Sec-
after January 21, 2020, through qualified ex- months; and retary shall allocate the funds set aside
penses related to mortgages and housing, (B) the total number of mortgagors with— under paragraph (1) using the allocation for-
which include— (i) mortgage payments that are more than mulas described in clauses (i) and (ii) of sec-
(A) mortgage payment assistance; 30 days past due; or tion 501(b)(2)(A) of subtitle A of title V of di-
(B) financial assistance to allow a home- (ii) mortgages in foreclosure. vision N of the Consolidated Appropriations
owner to reinstate a mortgage or to pay (3) SMALL STATE MINIMUM.— Act, 2021 (Public Law 116-260), and shall
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S1146 CONGRESSIONAL RECORD — SENATE March 4, 2021
make payments of such amounts beginning ‘‘(C) SEPARATE ALLOCATION FOR TRIBAL GOV- and inserting ‘‘date of the enactment of sec-
no later than 45 days after enactment of this ERNMENTS.— tion 3003(d)’’; and
Act to entities eligible for payment under ‘‘(i) IN GENERAL.—With respect to States (G) in section 3011(b), by striking ‘‘date of
clauses (i) and (ii) of section 501(b)(2)(A) of that are Tribal governments, the Secretary the enactment of this Act’’ each place it ap-
subtitle A of title V of division N of the Con- shall determine the 2021 allocation by allo- pears and inserting ‘‘date of the enactment
solidated Appropriations Act, 2021 (Public cating $500,000,000 among the Tribal govern- of section 3003(d)’’.
Law 116-260) that notify the Secretary that ments in the proportion the Secretary deter- (2) APPROPRIATION.—
they request to receive payments allocated mines appropriate, including with consider- (A) IN GENERAL.—In addition to amounts
from the Fund by the Secretary for purposes ation to available employment and economic otherwise available, there is hereby appro-
described under subsection (c) and will use data regarding each such Tribal government. priated to the Secretary of the Treasury for
such payments in compliance with this sec- ‘‘(ii) NOTICE OF INTENT; TIMING OF ALLOCA- fiscal year 2021, out of any money in the
tion. TION.—With respect to allocations to States Treasury not otherwise appropriated,
(3) ADJUSTMENT.—Allocations provided that are Tribal governments, the Secretary $10,000,000,000, to remain available until ex-
under this subsection may be further ad- may— pended, to provide support to small busi-
justed as provided by section 501(b)(2)(B) of ‘‘(I) require Tribal governments that indi- nesses responding to and recovering from the
subtitle A of title V of division N of the Con- vidually or jointly wish to participate in the economic effects of the COVID–19 pandemic,
solidated Appropriations Act, 2021 (Public Program to file a notice of intent with the ensure business enterprises owned and con-
Law 116-260). Secretary not later than 30 days after the trolled by socially and economically dis-
SEC. 3207. RELIEF MEASURES FOR SECTION 502 date of enactment of subsection (d); and advantaged individuals have access to credit
AND 504 DIRECT LOAN BORROWERS. ‘‘(II) notwithstanding paragraph (1), allo- and investments, provide technical assist-
(a) APPROPRIATION.—In addition to cate Federal funds to participating Tribal ance to help small businesses applying for
amounts otherwise available, there is appro- governments not later than 60 days after the various support programs, and to pay reason-
priated to the Secretary of Agriculture (in date of enactment of subsection (d). able costs of administering such Initiative.
this section referred to as the ‘‘Secretary’’) ‘‘(D) EMPLOYMENT DATA.—If the Secretary (B) RESCISSION.—With respect to amounts
for fiscal year 2021, out of any money in the determines that employment data with re- appropriated under subparagraph (A)—
Treasury not otherwise appropriated, spect to a State is unavailable from the Bu- (i) the Secretary of the Treasury shall
$39,000,000, to remain available until Sep- reau of Labor Statistics of the Department complete all disbursements and remaining
tember 30, 2023, for direct loans made under of Labor, the Secretary shall consider such obligations before September 30, 2030; and
sections 502 and 504 of the Housing Act of other economic and employment data that is (ii) any amounts that remain unexpended
1949 (42 U.S.C. 1472, 1474). otherwise available for purposes of deter- (whether obligated or unobligated) on Sep-
(b) ADMINISTRATIVE EXPENSES.—The Sec- mining the employment data of such tember 30, 2030, shall be rescinded and depos-
retary may use not more than 3 percent of State.’’; and ited into the general fund of the Treasury.
the amounts appropriated under this section (III) by striking paragraph (3); and (b) ADDITIONAL ALLOCATIONS TO SUPPORT
for administrative purposes. (ii) in subsection (c)— BUSINESS ENTERPRISES OWNED AND CON-
SEC. 3208. FAIR HOUSING ACTIVITIES. (I) in paragraph (1)(A)(iii), by inserting be- TROLLED BY SOCIALLY AND ECONOMICALLY
(a) APPROPRIATION.—In addition to fore the period the following: ‘‘that have de- DISADVANTAGED INDIVIDUALS.—Section 3003
livered loans or investments to eligible busi- of the State Small Business Credit Initiative
amounts otherwise available, there is appro-
nesses’’; and Act of 2010 (12 U.S.C. 5702) is amended by add-
priated to the Secretary of Housing and
(II) by amending paragraph (4) to read as ing at the end the following:
Urban Development (in this section referred
follows: ‘‘(d) ADDITIONAL ALLOCATIONS TO SUPPORT
to as the ‘‘Secretary’’) for fiscal year 2021,
‘‘(4) TERMINATION OF AVAILABILITY OF BUSINESS ENTERPRISES OWNED AND CON-
out of any money in the Treasury not other-
AMOUNTS NOT TRANSFERRED.— TROLLED BY SOCIALLY AND ECONOMICALLY
wise appropriated, $20,000,000, to remain
‘‘(A) IN GENERAL.—Any portion of a partici- DISADVANTAGED INDIVIDUALS.—Of the
available until September 30, 2023, for the
pating State’s allocated amount that has not amounts appropriated for fiscal year 2021 to
Fair Housing Initiatives Program under sec-
been transferred to the State under this sec- carry out the Program, the Secretary shall—
tion 561 of the Housing and Community De- tion may be deemed by the Secretary to be
velopment Act of 1987 (42 U.S.C. 3616a) to en- ‘‘(1) allocate $1,500,000,000 to States from
no longer allocated to the State and no funds allocated under this section and, by
sure fair housing organizations have addi- longer available to the State and shall be re-
tional resources to address fair housing in- regulation or other guidance, prescribe Pro-
turned to the general fund of the Treasury or gram requirements that the funds be ex-
quiries, complaints, investigations, edu- reallocated as described under subparagraph
cation and outreach activities, and costs of pended for business enterprises owned and
(B), if— controlled by socially and economically dis-
delivering or adapting services, during or re- ‘‘(i) the second 1⁄3 of a State’s allocated
lating to the coronavirus pandemic. advantaged individuals; and
amount has not been transferred to the ‘‘(2) allocate such amounts to States based
(b) ADMINISTRATIVE EXPENSES.—The Sec- State before the end of the end of the 3-year
retary may use not more than 3 percent of on the needs of business enterprises owned
period beginning on the date that the Sec- and controlled by socially and economically
the amounts appropriated under this section retary approves the State for participation;
for administrative purposes. disadvantaged individuals, as determined by
or the Secretary, in each State, and not subject
Subtitle C—Small Business (SSBCI) ‘‘(ii) the last 1⁄3 of a State’s allocated to the allocation formula described under
SEC. 3301. STATE SMALL BUSINESS CREDIT INI- amount has not been transferred to the subsection (b).
TIATIVE. State before the end of the end of the 6-year ‘‘(e) INCENTIVE ALLOCATIONS TO SUPPORT
(a) STATE SMALL BUSINESS CREDIT INITIA- period beginning on the date that the Sec- BUSINESS ENTERPRISES OWNED AND CON-
TIVE.— retary approves the State for participation. TROLLED BY SOCIALLY AND ECONOMICALLY
(1) IN GENERAL.—The State Small Business ‘‘(B) REALLOCATION.—Any amount deemed DISADVANTAGED INDIVIDUALS.—Of the
Credit Initiative Act of 2010 (12 U.S.C. 5701 et by the Secretary to be no longer allocated to amounts appropriated for fiscal year 2021 to
seq.) is amended— a State and no longer available to such State carry out the Program, the Secretary shall
(A) in section 3003— under subparagraph (A) may be reallocated set aside $1,000,000,000 for an incentive pro-
(i) in subsection (b)— by the Secretary to other participating gram under which the Secretary shall in-
(I) by amending paragraph (1) to read as States. In making such a reallocation, the crease the second 1⁄3 and last 1⁄3 allocations
follows: Secretary shall not take into account the for States that demonstrate robust support,
‘‘(1) IN GENERAL.—Not later than 30 days minimum allocation requirements under as determined by the Secretary, for business
after the date of enactment of subsection (d), subsection (b)(2)(B) or the specific allocation concerns owned and controlled by socially
the Secretary shall allocate Federal funds to for Tribal governments described under sub- and economically disadvantaged individuals
participating States so that each State is el- section (b)(2)(C).’’; in the deployment of prior allocation
igible to receive an amount equal to what (B) in section 3004(d), by striking ‘‘date of amounts.’’.
the State would receive under the 2021 allo- enactment of this Act’’ each place it appears (c) ADDITIONAL ALLOCATIONS TO SUPPORT
cation, as determined under paragraph (2).’’; and inserting ‘‘date of the enactment of sec- VERY SMALL BUSINESSES.—Section 3003 of
(II) in paragraph (2)— tion 3003(d)’’; the State Small Business Credit Initiative
(aa) by striking ‘‘2009’’ each place such (C) in section 3005(b), by striking ‘‘date of Act of 2010 (12 U.S.C. 5702), as amended by
term appears and inserting ‘‘2021’’; enactment of this Act’’ each place it appears subsection (b), is further amended by adding
(bb) by striking ‘‘2008’’ each place such and inserting ‘‘date of the enactment of sec- at the end the following:
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term appears and inserting ‘‘2020’’; tion 3003(d)’’; ‘‘(f) ADDITIONAL ALLOCATIONS TO SUPPORT
(cc) in subparagraph (A), by striking ‘‘The (D) in section 3006(b)(4), by striking ‘‘date VERY SMALL BUSINESSES.—
Secretary’’ and inserting ‘‘With respect to of enactment of this Act’’ and inserting ‘‘(1) IN GENERAL.—Of the amounts appro-
States other than Tribal governments, the ‘‘date of the enactment of section 3003(d)’’; priated to carry out the Program, the Sec-
Secretary’’; (E) in section 3007(b), by striking ‘‘March retary shall allocate not less than $500,000,000
(dd) in subparagraph (C)(i), by striking 31, 2011’’ and inserting ‘‘March 31, 2022’’; to States from funds allocated under this
‘‘2007’’ and inserting ‘‘2019’’; and (F) in section 3009, by striking ‘‘date of en- section to be expended for very small busi-
(ee) by adding at the end the following: actment of this Act’’ each place it appears nesses.
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March 4, 2021 CONGRESSIONAL RECORD — SENATE S1147
‘‘(2) VERY SMALL BUSINESS DEFINED.—In (1) in subparagraph (C), by striking ‘‘and’’ (2) AVAILABILITY OF FUNDS FOR OPERATING
this subsection, the term ‘very small busi- at the end; EXPENSES.—
ness’— (2) in subparagraph (D), by striking the pe- (A) IN GENERAL.—Notwithstanding sub-
‘‘(A) means a business with fewer than 10 riod at the end and inserting ‘‘; and’’; and section (a)(1) or (b) of section 5307 and sec-
employees; and (3) by adding at the end the following: tion 5310(b)(2)(A) of title 49, United States
‘‘(B) may include independent contractors ‘‘(E) a Tribal government, or a group of Code, funds provided under this section,
and sole proprietors.’’. Tribal governments that jointly apply for an other than subsection (b)(4), shall be avail-
(d) CDFI AND MDI PARTICIPATION PLAN.— allocation.’’. able for the operating expenses of transit
Section 3004 of the State Small Business (h) DEFINITIONS.—Section 3002 of the State agencies to prevent, prepare for, and respond
Credit Initiative Act of 2010 (12 U.S.C. 5703) is Small Business Credit Initiative Act of 2010 to the coronavirus public health emergency,
amended by adding at the end the following: (12 U.S.C. 5701) is amended by adding at the including, beginning on January 20, 2020—
‘‘(e) CDFI AND MDI PARTICIPATION PLAN.— end the following: (i) reimbursement for payroll of public
The Secretary may not approve a State to be ‘‘(15) BUSINESS ENTERPRISE OWNED AND CON- transportation (including payroll and ex-
a participating State unless the State has TROLLED BY SOCIALLY AND ECONOMICALLY DIS- penses of private providers of public trans-
provided the Secretary with a plan detailing ADVANTAGED INDIVIDUALS.—The term ‘busi- portation);
how minority depository institutions and ness enterprise owned and controlled by so- (ii) operating costs to maintain service due
community development financial institu- cially and economically disadvantaged indi- to lost revenue due as a result of the
tions will be encouraged to participate in viduals’ means a business that— coronavirus public health emergency, includ-
State programs.’’. ‘‘(A) if privately owned, 51 percent is ing the purchase of personal protective
(e) PANDEMIC RESPONSE PLAN.—Section owned by one or more socially and economi- equipment; and
3004 of the State Small Business Credit Ini- cally disadvantaged individuals; (iii) paying the administrative leave of op-
tiative Act of 2010 (12 U.S.C. 5703), as amend- ‘‘(B) if publicly owned, 51 percent of the erations or contractor personnel due to re-
ed by subsection (d), is further amended by stock is owned by one or more socially and ductions in service.
adding at the end the following: economically disadvantaged individuals; and (B) USE OF FUNDS.—Funds described in sub-
‘‘(f) PANDEMIC RESPONSE PLAN.—The Sec- ‘‘(C) in the case of a mutual institution, a paragraph (A) shall be—
retary may not approve a State to be a par- majority of the Board of Directors, account (i) available for immediate obligation, not-
ticipating State unless the State has pro- holders, and the community which the insti- withstanding the requirement for such ex-
vided the Secretary with a description of tution services is predominantly comprised penses to be included in a transportation im-
how the State will expeditiously utilize of socially and economically disadvantaged provement program, long-range transpor-
funds to support small businesses, including individuals. tation plan, statewide transportation plan,
business enterprises owned and controlled by ‘‘(16) COMMUNITY DEVELOPMENT FINANCIAL or statewide transportation improvement
socially and economically disadvantaged in- INSTITUTION.—The term ‘community develop- program under sections 5303 and 5304 of title
dividuals, in responding to and recovering ment financial institution’ has the meaning 49, United States Code;
from the economic effects of the COVID–19 given that term under section 103 of the Rie- (ii) directed to payroll and operations of
pandemic.’’. gle Community Development and Regulatory public transportation (including payroll and
(f) TECHNICAL ASSISTANCE.—Section 3009 of expenses of private providers of public trans-
Improvement Act of 1994.
the State Small Business Credit Initiative portation), unless the recipient certifies to
‘‘(17) MINORITY DEPOSITORY INSTITUTION.—
Act of 2010 (12 U.S.C. 5708) is amended by add- the Administrator of the Federal Transit Ad-
The term ‘minority depository institution’
ing at the end the following: ministration that the recipient has not fur-
‘‘(e) TECHNICAL ASSISTANCE.—Of the has the meaning given that term under sec-
tion 308(b) of the Financial Institutions Re- loughed any employees;
amounts appropriated for fiscal year 2021 to (iii) used to provide a Federal share of the
carry out the Program, $500,000,000 may be form, Recovery, and Enforcement Act of
costs for any grant made under this section
used by the Secretary to— 1989.
of 100 percent.
‘‘(1) provide funds to States to carry out a ‘‘(18) SOCIALLY AND ECONOMICALLY DIS- (b) ALLOCATION OF FUNDS.—
ADVANTAGED INDIVIDUAL.—The term ‘socially
technical assistance plan under which a (1) URBANIZED AREA FORMULA GRANTS.—
State will provide legal, accounting, and fi- and economically disadvantaged individual’ (A) IN GENERAL.—Of the amounts made
nancial advisory services, either directly or means an individual who is a socially dis- available under subsection (a), $26,086,580,227
contracted with legal, accounting, and finan- advantaged individual or an economically shall be for grants to recipients and sub-
cial advisory firms, with priority given to disadvantaged individual, as such terms are recipients under section 5307 of title 49,
business enterprises owned and controlled by defined, respectively, under section 8 of the United States Code, and shall be adminis-
socially and economically disadvantaged in- Small Business Act (15 U.S.C. 637) and the tered as if such funds were provided under
dividuals, to very small businesses and busi- regulations thereunder. section 5307 of such title.
ness enterprises owned and controlled by so- ‘‘(19) TRIBAL GOVERNMENT.—The term (B) ALLOCATION.—Amounts made available
cially and economically disadvantaged indi- ‘Tribal government’ means the recognized under subparagraph (A) shall be apportioned
viduals applying for— governing body of any Indian or Alaska Na- to urbanized areas based on data contained
‘‘(A) State programs under the Program; tive tribe, band, nation, pueblo, village, com- in the National Transit Database such that—
and munity, component band, or component res- (i) each urbanized area shall receive an ap-
‘‘(B) other State or Federal programs that ervation, individually identified (including portionment of an amount that, when com-
support small businesses; parenthetically) in the list published most bined with amounts that were otherwise
‘‘(2) transfer amounts to the Minority recently as of the date of enactment of this made available to such urbanized area for
Business Development Agency, so that the paragraph pursuant to section 104 of the Fed- similar activities to prevent, prepare for, and
Agency may use such amounts in a manner erally Recognized Indian Tribe List Act of respond to coronavirus, is equal to 132 per-
the Agency determines appropriate, includ- 1994 (25 U.S.C. 5131).’’. cent of the urbanized area’s 2018 operating
(i) RULE OF APPLICATION.—The amend- costs; and
ing through contracting with third parties,
ments made by this section shall apply with (ii) for funds remaining after the appor-
to provide technical assistance to business
respect to funds appropriated under this sec- tionment described in clause (i), such funds
enterprises owned and controlled by socially
tion and funds appropriated on and after the shall be apportioned such that—
and economically disadvantaged individuals
date of enactment of this section. (I) each urbanized area that did not receive
applying to—
‘‘(A) State programs under the Program; Subtitle D—Public Transportation an apportionment under clause (i) shall re-
and SEC. 3401. FEDERAL TRANSIT ADMINISTRATION ceive an apportionment equal to 25 percent
‘‘(B) other State or Federal programs that GRANTS. of the urbanized area’s 2018 operating costs;
support small businesses; and (a) FEDERAL TRANSIT ADMINISTRATION AP- and
‘‘(3) contract with legal, accounting, and PROPRIATION.— (II) each urbanized area under clause (i),
financial advisory firms (with priority given (1) IN GENERAL.—In addition to amounts when the amounts that were otherwise made
to business enterprises owned and controlled otherwise made available, there are appro- available, prior to clause (i) to that urban-
by socially and economically disadvantaged priated for fiscal year 2021, out of any funds ized area for similar activities to prevent,
individuals), to provide technical assistance in the Treasury not otherwise appropriated, prepare for, and respond to coronavirus are
to business enterprises owned and controlled $30,461,355,534, to remain available until Sep- equal to or greater than 130 percent of the
by socially and economically disadvantaged tember 30, 2024, that shall— urbanized area’s 2018 operating costs but do
individuals applying to— (A) be for grants to eligible recipients not exceed 132 percent of such costs, such ur-
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‘‘(A) State programs under the Program; under sections 5307, 5309, 5310, and 5311 of banized area shall receive an apportionment
and title 49, United States Code, to prevent, pre- equal to 10 percent of the urbanized area’s
‘‘(B) other State or Federal programs that pare for, and respond to coronavirus; and 2018 operating costs, in addition to amounts
support small businesses.’’. (B) not be subject to any prior restriction apportioned to the urbanized area under
(g) INCLUSION OF TRIBAL GOVERNMENTS.— on the total amount of funds available for clause (i).
Section 3002(10) of the State Small Business implementation or execution of programs (2) FORMULA GRANTS FOR THE ENHANCED MO-
Credit Initiative Act of 2010 (12 U.S.C. authorized under sections 5307, 5310, or 5311 BILITY OF SENIORS AND INDIVIDUALS WITH DIS-
5701(10)) is amended— of such title. ABILITIES.—
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S1148 CONGRESSIONAL RECORD — SENATE March 4, 2021
(A) IN GENERAL.—Of the amounts made (iii) ELIGIBLE RECIPIENTS.—For amounts (i) IN GENERAL.—The Administrator of the
available under subsection (a), $50,000,000 made available in subparagraph (A)(ii), eligi- Federal Transit Administration may not al-
shall be for grants to recipients or subrecipi- ble recipients shall be any recipient of an al- locate funds to an eligible recipient or sub-
ents eligible under section 5310 of title 49, location under subsection (h) of section 5309 recipient of funds under chapter 53 of title 49,
United States Code, and shall be apportioned of title 49, United States Code, or an appli- United States Code, unless the recipient pro-
in accordance with such section. cant in the project development phase de- vides to the Administrator—
(B) ALLOCATION RATIO.—Amounts made scribed in paragraph (2) of such subsection. (I) estimates of financial need;
available under subparagraph (A) shall be al- (iv) AMOUNT.—Amounts distributed under (II) data on reductions in farebox or other
located in the same ratio as funds were pro- clauses (i), (ii), and (iii) of subparagraph (A) sources of local revenue for sustained oper-
vided under section 5310 of title 49, United shall be provided notwithstanding the limi- ations;
States Code, for fiscal year 2020. tation of any calculation of the maximum (III) a spending plan for such funds; and
(3) FORMULA GRANTS FOR RURAL AREAS.— amount of Federal financial assistance for (IV) demonstration of expenditure of great-
(A) IN GENERAL.—Of the amounts made the project under subsection (k)(2)(C)(ii) or er than 90 percent of funds available to the
available under subsection (a), $317,214,013 (h)(7) of section 5309 of title 49, United States applicant from funds made available for
shall be for grants to recipients or subrecipi- Code. similar activities in fiscal year 2020.
ents eligible under section 5311 of title 49, (5) SECTION 5311(F) SERVICES.— (ii) DEADLINES.—The Administrator of the
United States Code, and shall be adminis- (A) IN GENERAL.—Of the amounts made Federal Transit Administration shall—
tered as if the funds were provided under sec- available under subsection (a) and in addi- (I) not later than 180 days after the date of
tion to the amounts made available under enactment of this Act, issue a Notice of
tion 5311 of such title, and shall be appor-
paragraph (3), $100,000,000 shall be available Funding Opportunity for assistance under
tioned in accordance with such section, ex-
for grants to recipients for bus operators this paragraph; and
cept as described in paragraph (B).
that partner with recipients or subrecipients (II) not later than 120 days after the appli-
(B) ALLOCATION RATIO.—Amounts made
of funds under section 5311(f) of title 49, cation deadline established in the Notice of
available under subparagraph (A) to States,
United States Code. Funding Opportunity under subclause (I),
as defined in section 5302 of title 49, United
(B) ALLOCATION RATIO.—Notwithstanding make awards under this paragraph to se-
States Code, shall be allocated to such paragraph (3), the Administrator of the Fed-
States based on data contained in the Na- lected applicants.
eral Transit Administration shall allocate (iii) EVALUATION.—
tional Transit Database, such that— amounts under subparagraph (A) in the same
(i) any State that received an amount for (I) IN GENERAL.—Applications for assist-
ratio as funds were provided under section ance under this paragraph shall be evaluated
similar activities to prevent, prepare for, and 5311 of title 49, United States Code, for fiscal
respond to coronavirus that is equal to or by the Administrator of the Federal Transit
year 2020. Administration based on the level of finan-
greater than 150 percent of the combined 2018 (C) EXCEPTION.—If a State or territory does
rural operating costs of the recipients and cial need demonstrated by an eligible recipi-
not have bus providers eligible under section ent or subrecipient, including projections of
subrecipients in such State shall receive an 5311(f) of title 49, United States Code, funds
amount equal to 5 percent of such State’s future financial need to maintain service as
under this paragraph may be used by such a percentage of the 2018 operating costs that
2018 rural operating costs; State or territory for any expense eligible
(ii) any State that does not receive an allo- has not been replaced by the funds made
under section 5311 of title 49, United States
cation under clause (i) that received an available to the eligible recipient or sub-
Code.
amount for similar activities to prevent, pre- recipient under paragraphs (1) through (5) of
(6) PLANNING.—
pare for, and respond to coronavirus that is this subsection when combined with the
(A) IN GENERAL.—Of the amounts made
equal to or greater than 140 percent of the amounts allocated to such eligible recipient
available under subsection (a), $25,000,000
combined 2018 rural operating costs of the re- or subrecipient from funds previously made
shall be for grants to recipients eligible
cipients and subrecipients in that State shall available for the operating expenses of tran-
under section 5307 of title 49, United States
receive an amount equal to 10 percent of sit agencies related to the response to the
Code, for the planning of public transpor-
such State’s 2018 rural operating costs; and COVID–19 public health emergency.
tation associated with the restoration of
(iii) any State that does not receive an al- services as the coronavirus public health (II) RESTRICTION.—Amounts made available
location under clauses (i) or (ii) shall receive emergency concludes and shall be available under this paragraph shall only be available
an amount equal to 20 percent of such in accordance with such section. for operating expenses.
State’s 2018 rural operating costs. (B) AVAILABILITY OF FUNDS FOR ROUTE (iv) STATE APPLICANTS.—A State may
(4) CAPITAL INVESTMENTS.— PLANNING.—Amounts made available under
apply for assistance under this paragraph on
(A) IN GENERAL.—Of the amounts made subparagraph (A) shall be available for route behalf of an eligible recipient or subrecipient
available under subsection (a)— planning designed to— or a group of eligible recipients or subrecipi-
(i) $1,425,000,000 shall be for grants adminis- (i) increase ridership and reduce travel ents.
tered under subsections (d) and (e) of section times, while maintaining or expanding the (D) UNOBLIGATED FUNDS.—If amounts made
5309 of title 49, United States Code; and total level of vehicle revenue miles of service available under this paragraph remain unob-
(ii) $250,000,000 shall be for grants adminis- provided in the planning period; or ligated on September 30, 2023, such amounts
tered under subsection (h) of section 5309 of (ii) make service adjustments to increase shall be available for any purpose eligible
title 49, United States Code. the quality or frequency of service provided under sections 5307 or 5311 of title 49, United
(B) FUNDING DISTRIBUTION.— to low-income riders and disadvantaged States Code.
(i) IN GENERAL.—Of the amounts made neighborhoods or communities. TITLE IV—COMMITTEE ON HOMELAND
available in subparagraph (A)(i), $1,250,000,000 (C) LIMITATION.—Amounts made available SECURITY AND GOVERNMENTAL AFFAIRS
shall be provided to each recipient for all under subparagraph (A) shall not be used for
SEC. 4001. EMERGENCY FEDERAL EMPLOYEE
projects with existing full funding grant route planning related to transitioning pub-
LEAVE FUND.
agreements that received allocations for fis- lic transportation service provided as of the
cal year 2019 or 2020, except that recipients date of receipt of funds to a transportation (a) ESTABLISHMENT; APPROPRIATION.—There
with projects open for revenue service are network company or other third-party con- is established in the Treasury the Emer-
not eligible to receive a grant under this sub- tract provider, unless the existing provider gency Federal Employee Leave Fund (in this
paragraph. Funds shall be provided propor- of public transportation service is a third- section referred to as the ‘‘Fund’’), to be ad-
tionally based on the non-capital investment party contract provider. ministered by the Director of the Office of
grant share of the amount allocated. (7) RECIPIENTS AND SUBRECIPIENTS REQUIR- Personnel Management, for the purposes set
(ii) ALLOCATION.—Of the amounts made ING ADDITIONAL ASSISTANCE.— forth in subsection (b). In addition to
available in subparagraph (A)(i), $175,000,000 (A) IN GENERAL.—Of the amounts made amounts otherwise available, there is appro-
shall be provided to each recipient for all available under subsection (a), $2,207,561,294 priated for fiscal year 2021, out of any money
projects with existing full funding grant shall be for grants to eligible recipients or in the Treasury not otherwise appropriated,
agreements that received an allocation only subrecipients of funds under sections 5307 or $570,000,000, which shall be deposited into the
prior to fiscal year 2019, except that projects 5311 of title 49, United States Code, that, as Fund and remain available through Sep-
open for revenue service are not eligible to a result of COVID–19, require additional as- tember 30, 2022. The Fund is available for
receive a grant under this subparagraph and sistance for costs related to operations, per- reasonable expenses incurred by the Office of
no project may receive more than 40 percent sonnel, cleaning, and sanitization combating Personnel Management in administering this
of the amounts provided under this clause. the spread of pathogens on transit systems, section.
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The Administrator of the Federal Transit and debt service payments incurred to main- (b) PURPOSE.—Amounts in the Fund shall
Administration shall proportionally dis- tain operations and avoid layoffs and fur- be available for reimbursement to an agency
tribute funds in excess of such percent to re- loughs. for the use of paid leave under this section
cipients for which the percent of funds does (B) ADMINISTRATION.—Funds made avail- by any employee of the agency who is unable
not exceed 40 percent. Funds shall be pro- able under subparagraph (A) shall, after allo- to work because the employee—
vided proportionally based on the non-cap- cation, be administered as if provided under (1) is subject to a Federal, State, or local
ital investment grant share of the amount paragraph (1) or (3), as applicable. quarantine or isolation order related to
allocated. (C) APPLICATION REQUIREMENTS.— COVID–19;
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March 4, 2021 CONGRESSIONAL RECORD — SENATE S1149
(2) has been advised by a health care pro- essary expenses of the Government Account- SEC. 4010. APPROPRIATION FOR THE UNITED
vider to self-quarantine due to concerns re- ability Office to prevent, prepare for, and re- STATES DIGITAL SERVICE.
lated to COVID–19; spond to Coronavirus and to support over- In addition to amounts otherwise avail-
(3) is caring for an individual who is sub- sight of the Coronavirus response and of able, there is appropriated for fiscal year
ject to such an order or has been so advised; funds provided in this Act or any other Act 2021, out of any money in the Treasury not
(4) is experiencing symptoms of COVID–19 pertaining to the Coronavirus pandemic. otherwise appropriated, $200,000,000, to re-
and seeking a medical diagnosis; SEC. 4003. PANDEMIC RESPONSE ACCOUNT- main available until September 30, 2024, for
(5) is caring for a son or daughter of such ABILITY COMMITTEE FUNDING the United States Digital Service.
employee if the school or place of care of the AVAILABILITY. SEC. 4011. APPROPRIATION FOR THE TECH-
son or daughter has been closed, if the school In addition to amounts otherwise avail- NOLOGY MODERNIZATION FUND.
of such son or daughter requires or makes able, there is appropriated for fiscal year In addition to amounts otherwise appro-
optional a virtual learning instruction model 2021, out of any money in the Treasury not priated, there is appropriated to the General
or requires or makes optional a hybrid of in- otherwise appropriated, $40,000,000, to remain Services Administration for fiscal year 2021,
person and virtual learning instruction mod- available until September 30, 2025, for the out of any money in the Treasury not other-
els, or the child care provider of such son or Pandemic Response Accountability Com- wise appropriated, $1,000,000,000, to remain
daughter is unavailable, due to COVID–19 mittee to support oversight of the available until September 30, 2025, to carry
precautions; Coronavirus response and of funds provided out the purposes of the Technology Mod-
(6) is experiencing any other substantially in this Act or any other Act pertaining to
ernization Fund.
similar condition; the Coronavirus pandemic.
SEC. 4012. APPROPRIATION FOR THE FEDERAL
(7) is caring for a family member with a SEC. 4004. FUNDING FOR THE WHITE HOUSE.
CITIZEN SERVICES FUND.
mental or physical disability or who is 55 In addition to amounts otherwise avail-
able, there is appropriated for fiscal year In addition to amounts otherwise avail-
years of age or older and incapable of self-
2021, out of any money in the Treasury not able, there is appropriated to the General
care, without regard to whether another in-
otherwise appropriated, $12,800,000, to remain Services Administration for fiscal year 2021,
dividual other than the employee is avail-
available until September 30, 2021, for nec- out of any money in the Treasury not other-
able to care for such family member, if the
essary expenses for the White House, to pre- wise appropriated, $150,000,000, to remain
place of care for such family member is
closed or the direct care provider is unavail- vent, prepare for, and respond to available until September 30, 2024, to carry
able due to COVID–19; or coronavirus. out the purposes of the Federal Citizen Serv-
(8) is obtaining immunization related to SEC. 4005. FEDERAL EMERGENCY MANAGEMENT ices Fund.
COVID–19 or is recovering from any injury, AGENCY APPROPRIATION. SEC. 4013. AFG AND SAFER PROGRAM FUNDING.
disability, illness, or condition related to In addition to amounts otherwise avail- In addition to amounts otherwise made
such immunization. able, there is appropriated to the Federal available, there is appropriated to the Fed-
(c) LIMITATIONS.— Emergency Management Agency for fiscal eral Emergency Management Agency for fis-
(1) PERIOD OF AVAILABILITY.—Paid leave year 2021, out of any money in the Treasury cal year 2021, out of any money in the Treas-
under this section may only be provided to not otherwise appropriated, $50,000,000,000, to ury not otherwise appropriated, $300,000,000,
and used by an employee during the period remain available until September 30, 2025, to to remain available until September 30, 2025,
beginning on the date of enactment of this carry out the purposes of the Disaster Relief of which $100,000,000 shall be for assistance to
Act and ending on September 30, 2021. Fund for costs associated with major dis- firefighter grants and $200,000,000 shall be for
(2) TOTAL HOURS; AMOUNT.—Paid leave aster declarations. staffing for adequate fire and emergency re-
under this section— SEC. 4006. FUNERAL ASSISTANCE. sponse grants.
(A) shall be provided to an employee in an (a) IN GENERAL.—For the emergency dec- SEC. 4014. EMERGENCY MANAGEMENT PERFORM-
amount not to exceed 600 hours of paid leave laration issued by the President on March 13, ANCE GRANT FUNDING.
for each full-time employee, and in the case 2020, pursuant to section 501(b) of the Robert In addition to amounts otherwise made
of a part-time employee, employee on an un- T. Stafford Disaster Relief and Emergency available, there is appropriated to the Fed-
common tour of duty, or employee with a Assistance Act (42 U.S.C. 5191(b)), and for any eral Emergency Management Agency for fis-
seasonal work schedule, in an amount not to subsequent major disaster declaration that cal year 2021, out of any money in the Treas-
exceed the proportional equivalent of 600 supersedes such emergency declaration, the ury not otherwise appropriated, $100,000,000,
hours to the extent amounts in the Fund re- President shall provide financial assistance to remain available until September 30, 2025,
main available for reimbursement; to an individual or household to meet dis- for emergency management performance
(B) shall be paid at the same hourly rate as aster-related funeral expenses under section grants.
other leave payments; and 408(e)(1) of the Robert T. Stafford Disaster
TITLE V—COMMITTEE ON SMALL
(C) may not be provided to an employee if Relief and Emergency Assistance Act (42
BUSINESS AND ENTREPRENEURSHIP
the leave would result in payments greater U.S.C. 5174(e)(1)), for which the Federal cost
than $2,800 in aggregate for any biweekly pay share shall be 100 percent. SEC. 5001. MODIFICATIONS TO PAYCHECK PRO-
(b) USE OF FUNDS.—Funds appropriated TECTION PROGRAM.
period for a full-time employee, or a propor-
tionally equivalent biweekly limit for a under section 4005 may be used to carry out (a) ELIGIBILITY OF CERTAIN NONPROFIT EN-
part-time employee. subsection (a) of this section. TITIES FOR COVERED LOANS UNDER THE PAY-
(3) RELATIONSHIP TO OTHER LEAVE.—Paid SEC. 4007. EMERGENCY FOOD AND SHELTER PRO- CHECK PROTECTION PROGRAM.—
leave under this section— GRAM FUNDING. (1) IN GENERAL.—Section 7(a)(36) of the
(A) is in addition to any other leave pro- In addition to amounts otherwise made Small Business Act (15 U.S.C. 636(a)(36)), as
vided to an employee; and available, there is appropriated to the Fed- amended by the Economic Aid to Hard-Hit
(B) may not be used by an employee con- eral Emergency Management Agency for fis- Small Businesses, Nonprofits, and Venues
currently with any other paid leave. cal year 2021, out of any money in the Treas- Act (title III of division N of Public Law 116–
(4) CALCULATION OF RETIREMENT BENEFIT.— ury not otherwise appropriated, $400,000,000, 260), is amended—
Any paid leave provided to an employee to remain available until September 30, 2025, (A) in subparagraph (A)—
under this section shall reduce the total for the emergency food and shelter program. (i) in clause (xv), by striking ‘‘and’’ at the
service used to calculate any Federal civil- SEC. 4008. HUMANITARIAN RELIEF. end;
ian retirement benefit. In addition to amounts otherwise made (ii) in clause (xvi), by striking the period
(d) EMPLOYEE DEFINED.—In this section, available, there is appropriated to the Fed- at the end and inserting ‘‘; and’’; and
the term ‘‘employee’’ means— eral Emergency Management Agency for fis- (iii) by adding at the end the following:
(1) an individual in the executive branch cal year 2021, out of any money in the Treas- ‘‘(xvii) the term ‘additional covered non-
for whom annual and sick leave is provided ury not otherwise appropriated, $110,000,000, profit entity’—
under subchapter I of chapter 63 of title 5, to remain available until September 30, 2025, ‘‘(I) means an organization described in
United States Code; for the emergency food and shelter program any paragraph of section 501(c) of the Inter-
(2) an individual employed by the United for the purposes of providing humanitarian nal Revenue Code of 1986, other than para-
States Postal Service; relief to families and individuals encoun- graph (3), (4), (6), or (19), and exempt from
(3) an individual employed by the Postal tered by the Department of Homeland Secu- tax under section 501(a) of such Code; and
Regulatory Commission; and rity. ‘‘(II) does not include any entity that, if
(4) an employee of the Public Defender SEC. 4009. CYBERSECURITY AND INFRASTRUC- the entity were a business concern, would be
TURE SECURITY AGENCY. described in section 120.110 of title 13, Code of
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Service for the District of Columbia and the
District of Columbia Courts. In addition to amounts otherwise made Federal Regulations (or in any successor reg-
SEC. 4002. FUNDING FOR THE GOVERNMENT AC- available, there is appropriated for fiscal ulation or other related guidance or rule
COUNTABILITY OFFICE. year 2021, out of any money in the Treasury that may be issued by the Administrator)
In addition to amounts otherwise avail- not otherwise appropriated, $650,000,000, to other than a business concern described in
able, there is appropriated for fiscal year remain available until September 30, 2023, for paragraph (a) or (k) of such section.’’; and
2021, out of any money in the Treasury not the Cybersecurity and Infrastructure Secu- (B) in subparagraph (D)—
otherwise appropriated, $77,000,000, to remain rity Agency for cybersecurity risk mitiga- (i) in clause (iii), by adding at the end the
available until September 30, 2025, for nec- tion. following:
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S1150 CONGRESSIONAL RECORD — SENATE March 4, 2021
‘‘(III) ELIGIBILITY OF CERTAIN ORGANIZA- ‘‘(V) any business concern or other organi- (1) COMMITMENT AUTHORITY.—Section
TIONS.—Subject to the provisions in this sub- zation that was not eligible to receive a cov- 1102(b)(1) of the CARES Act (Public Law 116–
paragraph, during the covered period— ered loan the day before the date of enact- 136) is amended by striking ‘‘$806,450,000,000’’
‘‘(aa) a nonprofit organization shall be eli- ment of this subclause, is assigned a North and inserting ‘‘$813,700,000,000’’.
gible to receive a covered loan if the non- American Industry Classification System (2) DIRECT APPROPRIATIONS.—In addition to
profit organization employs not more than code of 519130, certifies in good faith as an amounts otherwise available, there is appro-
500 employees per physical location of the or- Internet-only news publisher or Internet- priated to the Administrator of the Small
ganization; and only periodical publisher, and is engaged in Business Administration for fiscal year 2021,
‘‘(bb) an additional covered nonprofit enti- the collection and distribution of local or re- out of any money in the Treasury not other-
ty and an organization that, but for sub- gional and national news and information, if wise appropriated, $7,250,000,000, to remain
clauses (I)(dd) and (II)(dd) of clause (vii), the business concern or organization— available until expended, for carrying out
would be eligible for a covered loan under ‘‘(aa) employs not more than 500 employ- this section.
clause (vii) shall be eligible to receive a cov- ees, or the size standard established by the
Administrator for that North American In- SEC. 5002. TARGETED EIDL ADVANCE.
ered loan if the entity or organization em-
ploys not more than 300 employees per phys- dustry Classification code, per physical loca- (a) DEFINITIONS.—In this section—
ical location of the entity or organization.’’; tion of the business concern or organization; (1) the term ‘‘Administrator’’ means the
and and Administrator of the Small Business Admin-
(ii) by adding at the end the following: ‘‘(bb) is majority owned or controlled by a istration; and
‘‘(ix) ELIGIBILITY OF ADDITIONAL COVERED business concern or organization that is as- (2) the terms ‘‘covered entity’’ and ‘‘eco-
NONPROFIT ENTITIES.—An additional covered signed a North American Industry Classifica- nomic loss’’ have the meanings given the
nonprofit entity shall be eligible to receive a tion System code of 519130.’’; terms in section 331(a) of the Economic Aid
covered loan if— (C) in clause (v), by striking ‘‘clause to Hard-Hit Small Businesses, Nonprofits,
‘‘(I) the additional covered nonprofit entity (iii)(II), (iv)(IV), or (vii)’’ and inserting ‘‘sub- and Venues Act (title III of division N of
does not receive more than 15 percent of its clause (II), (III), or (IV) of clause (iii), sub- Public Law 116–260).
receipts from lobbying activities; clause (IV) or (V) of clause (iv), clause (vii),
or clause (ix)’’; and (b) APPROPRIATIONS.—In addition to
‘‘(II) the lobbying activities of the addi- amounts otherwise available, there is appro-
tional covered nonprofit entity do not com- (D) in clause (viii)(II)—
(i) by striking ‘‘business concern made eli- priated to the Administrator for fiscal year
prise more than 15 percent of the total ac- 2021, out of any money in the Treasury not
tivities of the organization; gible by clause (iii)(II) or clause (iv)(IV) of
this subparagraph’’ and inserting ‘‘business otherwise appropriated, $15,000,000,000—
‘‘(III) the cost of the lobbying activities of (1) to remain available until expended; and
the additional covered nonprofit entity did concern made eligible by subclause (II) or
(IV) of clause (iii) or subclause (IV) or (V) of (2) of which, the Administrator shall use—
not exceed $1,000,000 during the most recent (A) $10,000,000,000 to make payments to
tax year of the additional covered nonprofit clause (iv) of this subparagraph’’; and
(ii) by inserting ‘‘or organization’’ after covered entities that have not received the
entity that ended prior to February 15, 2020; full amounts to which the covered entities
and ‘‘business concern’’ each place it appears.
(2) ELIGIBILITY FOR SECOND DRAW LOANS.— are entitled under section 331 of the Eco-
‘‘(IV) the additional covered nonprofit en- nomic Aid to Hard-Hit Small Businesses,
Section 7(a)(37)(A)(iv)(II) of the Small Busi-
tity employs not more than 300 employees.’’. Nonprofits, and Venues Act (title III of divi-
ness Act, as amended by the Economic Aid
(2) ELIGIBILITY FOR SECOND DRAW LOANS.— sion N of Public Law 116–260); and
to Hard-Hit Small Businesses, Nonprofits,
Paragraph (37)(A)(i) of section 7(a) of the (B) $5,000,000,000 to make payments under
and Venues Act (title III of division N of
Small Business Act (15 U.S.C. 636(a)), as section 1110(e) of the CARES Act (15 U.S.C.
Public Law 116–260), is amended by striking
added by the Economic Aid to Hard-Hit 9009(e)), each of which shall be—
‘‘clause (iii)(II), (iv)(IV), or (vii)’’ and insert-
Small Businesses, Nonprofits, and Venues (i) made to a covered entity that—
ing ‘‘subclause (II), (III), or (IV) of clause
Act (title III of division N of Public Law 116– (I) has suffered an economic loss of greater
(iii), subclause (IV) or (V) of clause (iv),
260), is amended by inserting ‘‘ ‘additional than 50 percent; and
clause (vii), or clause (ix)’’.
covered nonprofit entity’,’’ after ‘‘the (c) COORDINATION WITH CONTINUATION COV- (II) employs not more than 10 employees;
terms’’. ERAGE PREMIUM ASSISTANCE.— (ii) in an amount that is $5,000; and
(b) ELIGIBILITY OF INTERNET PUBLISHING (1) PAYCHECK PROTECTION PROGRAM.—Sec- (iii) with respect to the covered entity to
ORGANIZATIONS FOR COVERED LOANS UNDER tion 7A(a)(12) of the Small Business Act (as which the payment is made, in addition to
THE PAYCHECK PROTECTION PROGRAM.— redesignated, transferred, and amended by any payment made to the covered entity
(1) IN GENERAL.—Section 7(a)(36)(D) of the section 304(b) of the Economic Aid to Hard- under section 1110(e) of the CARES Act (15
Small Business Act (15 U.S.C. 636(a)(36)(D)), Hit Small Businesses, Nonprofits, and U.S.C. 9009(e)) or section 331 of the Economic
as amended by subsection (a), is further Venues Act (Public Law 116–260)) is amend- Aid to Hard-Hit Small Businesses, Non-
amended— ed— profits, and Venues Act (title III of division
(A) in clause (iii), by adding at the end the (A) by striking ‘‘CARES Act or’’ and in- N of Public Law 116–260).
following: serting ‘‘CARES Act,’’; and SEC. 5003. SUPPORT FOR RESTAURANTS.
‘‘(IV) ELIGIBILITY OF INTERNET PUBLISHING (B) by inserting before the period at the
ORGANIZATIONS.—A business concern or other end the following: ‘‘, or premiums taken into (a) DEFINITIONS.—In this section:
organization that was not eligible to receive account in determining the credit allowed (1) ADMINISTRATOR.—The term ‘‘Adminis-
a covered loan the day before the date of en- under section 6432 of the Internal Revenue trator’’ means the Administrator of the
actment of this subclause, is assigned a Code of 1986’’. Small Business Administration.
North American Industry Classification Sys- (2) PAYCHECK PROTECTION PROGRAM SECOND (2) AFFILIATED BUSINESS.—The term ‘‘affili-
tem code of 519130, certifies in good faith as DRAW.—Section 7(a)(37)(J)(iii)(I) of the Small ated business’’ means a business in which an
an Internet-only news publisher or Internet- Business Act, as amended by the Economic eligible entity has an equity or right to prof-
only periodical publisher, and is engaged in Aid to Hard-Hit Small Businesses, Non- it distributions of not less than 50 percent, or
the collection and distribution of local or re- profits, and Venues Act (title III of division in which an eligible entity has the contrac-
gional and national news and information N of Public Law 116–260), is amended— tual authority to control the direction of the
shall be eligible to receive a covered loan for (A) by striking ‘‘or’’ at the end of item business, provided that such affiliation shall
the continued provision of news, informa- (aa); be determined as of any arrangements or
tion, content, or emergency information if— (B) by striking the period at the end of agreements in existence as of March 13, 2020.
‘‘(aa) the business concern or organization item (bb) and inserting ‘‘; or’’; and (3) COVERED PERIOD.—The term ‘‘covered
employs not more than 500 employees, or the (C) by adding at the end the following new period’’ means the period—
size standard established by the Adminis- item: (A) beginning on February 15, 2020; and
trator for that North American Industry ‘‘(cc) premiums taken into account in de- (B) ending on December 31, 2021, or a date
Classification code, per physical location of termining the credit allowed under section to be determined by the Administrator that
the business concern or organization; and 6432 of the Internal Revenue Code of 1986.’’. is not later than 2 years after the date of en-
‘‘(bb) the business concern or organization (3) APPLICABILITY.—The amendments made actment of this section.
makes a good faith certification that pro- by this subsection shall apply only with re- (4) ELIGIBLE ENTITY.—The term ‘‘eligible
ceeds of the loan will be used to support ex- spect to applications for forgiveness of cov- entity’’—
penses at the component of the business con- (A) means a restaurant, food stand, food
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ered loans made under paragraphs (36) or (37)
cern or organization that supports local or of section 7(a) of the Small Business Act, as truck, food cart, caterer, saloon, inn, tavern,
regional news.’’; amended by the Economic Aid to Hard-Hit bar, lounge, brewpub, tasting room, taproom,
(B) in clause (iv)— Small Businesses, Nonprofits, and Venues licensed facility or premise of a beverage al-
(i) in subclause (III), by striking ‘‘and’’ at Act (title III of division N of Public Law 116– cohol producer where the public may taste,
the end; 260), that are received on or after the date of sample, or purchase products, or other simi-
(ii) in subclause (IV)(bb), by striking the the enactment of this Act. lar place of business in which the public or
period at the end and inserting ‘‘; and’’; and (d) COMMITMENT AUTHORITY AND APPRO- patrons assemble for the primary purpose of
(iii) by adding at the end the following: PRIATIONS.— being served food or drink;
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March 4, 2021 CONGRESSIONAL RECORD — SENATE S1151
(B) includes an entity described in subpara- which are listed on a national securities ex- defined in section 3(q) of such Act (15 U.S.C.
graph (A) that is located in an airport ter- change under section 6 of the Securities Ex- 632(q))), or socially and economically dis-
minal or that is a Tribally-owned concern; change Act of 1934 (15 U.S.C. 78f). advantaged small business concerns (as de-
and (10) TRIBALLY-OWNED CONCERN.—The term fined in section 8(a)(4)(A) of the Small Busi-
(C) does not include— ‘‘Tribally-owned concern’’ has the meaning ness Act (15 U.S.C. 637(a)(4)(A))). The Admin-
(i) an entity described in subparagraph (A) given the term in section 124.3 of title 13, istrator may take such steps as necessary to
that— Code of Federal Regulations, or any suc- ensure that eligible entities described in this
(I) is a State or local government-operated cessor regulation. subparagraph have access to grant funding
business; (b) RESTAURANT REVITALIZATION FUND.— under this section after the end of such 21-
(II) as of March 13, 2020, owns or operates (1) IN GENERAL.—There is established in the day period.
(together with any affiliated business) more Treasury of the United States a fund to be (B) CERTIFICATION.—For purposes of estab-
than 20 locations, regardless of whether known as the Restaurant Revitalization lishing priority under subparagraph (A), an
those locations do business under the same Fund. applicant shall submit a self-certification of
or multiple names; or (2) APPROPRIATIONS.— eligibility for priority with the grant appli-
(III) has a pending application for or has (A) IN GENERAL.—In addition to amounts cation.
received a grant under section 324 of the Eco- otherwise available, there is appropriated to
(4) GRANT AMOUNT.—
nomic Aid to Hard-Hit Small Businesses, the Restaurant Revitalization Fund for fis-
(A) AGGREGATE MAXIMUM AMOUNT.—The ag-
Nonprofits, and Venues Act (title III of divi- cal year 2021, out of any money in the Treas-
gregate amount of grants made to an eligible
sion N of Public Law 116–260); or ury not otherwise appropriated,
entity and any affiliated businesses of the el-
(ii) a publicly-traded company. $25,000,000,000, to remain available until ex-
pended. igible entity under this subsection—
(5) EXCHANGE; ISSUER; SECURITY.—The
(B) DISTRIBUTION.— (i) shall not exceed $10,000,000; and
terms ‘‘exchange’’, ‘‘issuer’’, and ‘‘security’’
(i) IN GENERAL.—Of the amounts made (ii) shall be limited to $5,000,000 per phys-
have the meanings given those terms in sec-
available under subparagraph (A)— ical location of the eligible entity.
tion 3(a) of the Securities Exchange Act of
1934 (15 U.S.C. 78c(a)). (I) $5,000,000,000 shall be available to eligi- (B) DETERMINATION OF GRANT AMOUNT.—
(6) FUND.—The term ‘‘Fund’’ means the ble entities with gross receipts during 2019 of (i) IN GENERAL.—Except as provided in this
Restaurant Revitalization Fund established not more than $500,000; and paragraph, the amount of a grant made to an
under subsection (b). (II) $20,000,000,000 shall be available to the eligible entity under this subsection shall be
(7) PANDEMIC-RELATED REVENUE LOSS.—The Administrator to award grants under sub- equal to the pandemic-related revenue loss
term ‘‘pandemic-related revenue loss’’ section (c) in an equitable manner to eligible of the eligible entity.
means, with respect to an eligible entity— entities of different sizes based on annual (ii) RETURN TO TREASURY.—Any amount of
(A) except as provided in subparagraphs gross receipts. a grant made under this subsection to an eli-
(B), (C), and (D), the gross receipts, as estab- (ii) ADJUSTMENTS.—The Administrator gible entity based on estimated receipts that
lished using such verification documentation may make adjustments as necessary to the is greater than the actual gross receipts of
as the Administrator may require, of the eli- distribution of funds under clause (i)(II) the eligible entity in 2020 shall be returned
gible entity during 2020 subtracted from the based on demand and the relative local costs to the Treasury.
gross receipts of the eligible entity in 2019, if in the markets in which eligible entities op- (5) USE OF FUNDS.—During the covered pe-
such sum is greater than zero; erate. riod, an eligible entity that receives a grant
(B) if the eligible entity was not in oper- (C) GRANTS AFTER INITIAL PERIOD.—Not- under this subsection may use the grant
ation for the entirety of 2019— withstanding subparagraph (B), on and after funds for the following expenses incurred as
(i) the difference between— the date that is 60 days after the date of en- a direct result of, or during, the COVID–19
(I) the product obtained by multiplying the actment of this section, or another period of pandemic:
average monthly gross receipts of the eligi- time determined by the Administrator, the (A) Payroll costs.
ble entity in 2019 by 12; and Administrator may make grants using (B) Payments of principal or interest on
(II) the product obtained by multiplying amounts appropriated under subparagraph any mortgage obligation (which shall not in-
the average monthly gross receipts of the el- (A) to any eligible entity regardless of the clude any prepayment of principal on a
igible entity in 2020 by 12; or annual gross receipts of the eligible entity. mortgage obligation).
(ii) an amount based on a formula deter- (3) USE OF FUNDS.—The Administrator shall (C) Rent payments, including rent under a
mined by the Administrator; use amounts in the Fund to make grants de- lease agreement (which shall not include any
(C) if the eligible entity opened during the scribed in subsection (c). prepayment of rent).
period beginning on January 1, 2020, and end- (c) RESTAURANT REVITALIZATION GRANTS.— (D) Utilities.
ing on the day before the date of enactment (1) IN GENERAL.—Except as provided in sub- (E) Maintenance expenses, including—
of this section— section (b) and paragraph (3), the Adminis- (i) construction to accommodate outdoor
(i) the expenses described in subsection trator shall award grants to eligible entities seating; and
(c)(5)(A) that were incurred by the eligible in the order in which applications are re- (ii) walls, floors, deck surfaces, furniture,
entity minus any gross receipts received; or ceived by the Administrator. fixtures, and equipment.
(ii) an amount based on a formula deter- (2) APPLICATION.— (F) Supplies, including protective equip-
mined by the Administrator; or (A) CERTIFICATION.—An eligible entity ap- ment and cleaning materials.
(D) if the eligible entity has not yet opened plying for a grant under this subsection shall (G) Food and beverage expenses that are
as of the date of application for a grant make a good faith certification that— within the scope of the normal business prac-
under subsection (c), but has incurred ex- (i) the uncertainty of current economic tice of the eligible entity before the covered
penses described in subsection (c)(5)(A) as of conditions makes necessary the grant re- period.
the date of enactment of this section— quest to support the ongoing operations of (H) Covered supplier costs, as defined in
(i) the amount of those expenses; or the eligible entity; and section 7A(a) of the Small Business Act (as
(ii) an amount based on a formula deter- (ii) the eligible entity has not applied for redesignated, transferred, and amended by
mined by the Administrator. or received a grant under section 324 of the section 304(b) of the Economic Aid to Hard-
For purposes of this paragraph, the pan- Economic Aid to Hard-Hit Small Businesses, Hit Small Businesses, Nonprofits, and
demic-related revenue losses for an eligible Nonprofits, and Venues Act (title III of divi- Venues Act (Public Law 116–260)).
entity shall be reduced by any amounts re- sion N of Public Law 116–260). (I) Operational expenses.
ceived from a covered loan made under para- (B) BUSINESS IDENTIFIERS.—In accepting (J) Paid sick leave.
graph (36) or (37) of section 7(a) of the Small applications for grants under this sub- (K) Any other expenses that the Adminis-
Business Act (15 U.S.C. 636(a)) in 2020 or 2021. section, the Administrator shall prioritize trator determines to be essential to main-
(8) PAYROLL COSTS.—The term ‘‘payroll the ability of each applicant to use their ex- taining the eligible entity.
costs’’ has the meaning given the term in isting business identifiers over requiring (6) RETURNING FUNDS.—If an eligible entity
section 7(a)(36)(A) of the Small Business Act other forms of registration or identification that receives a grant under this subsection
(15 U.S.C. 636(a)(36)(A)), except that such that may not be common to their industry fails to use all grant funds or permanently
term shall not include— and imposing additional burdens on appli- ceases operations on or before the last day of
(A) qualified wages (as defined in sub- cants. the covered period, the eligible entity shall
section (c)(3) of section 2301 of the CARES (3) PRIORITY IN AWARDING GRANTS.— return to the Treasury any funds that the el-
Act) taken into account in determining the (A) IN GENERAL.—During the initial 21-day igible entity did not use for the allowable ex-
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credit allowed under such section 2301; or period in which the Administrator awards penses under paragraph (5).
(B) premiums taken into account in deter- grants under this subsection, the Adminis-
SEC. 5004. COMMUNITY NAVIGATOR PILOT PRO-
mining the credit allowed under section 6432 trator shall prioritize awarding grants to eli-
GRAM.
of the Internal Revenue Code of 1986. gible entities that are small business con-
(9) PUBLICLY-TRADED COMPANY.—The term cerns owned and controlled by women (as de- (a) DEFINITIONS.—In this section:
‘‘publicly-traded company’’ means an entity fined in section 3(n) of the Small Business (1) ADMINISTRATION.—The term ‘‘Adminis-
that is majority owned or controlled by an Act (15 U.S.C. 632(n))), small business con- tration’’ means the Small Business Adminis-
entity that is an issuer, the securities of cerns owned and controlled by veterans (as tration.
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S1152 CONGRESSIONAL RECORD — SENATE March 4, 2021
(2) ADMINISTRATOR.—The term ‘‘Adminis- (1) PROMOTION.—The Administrator shall ‘‘(II) shall not include entities of the State
trator’’ means the Administrator of the develop and implement a program to pro- or political subdivision other than the eligi-
Small Business Administration. mote community navigator services to cur- ble person or entity.’’.
(3) COMMUNITY NAVIGATOR SERVICES.—The rent or prospective owners of eligible busi- SEC. 5006. DIRECT APPROPRIATIONS.
term ‘‘community navigator services’’ nesses. (a) IN GENERAL.—In addition to amounts
means the outreach, education, and tech- (2) CALL CENTER.—The Administrator shall otherwise available, there is appropriated to
nical assistance provided by community establish a telephone hotline to offer infor- the Administrator for fiscal year 2021, out of
navigators that target eligible businesses to mation about Federal programs to assist eli- any money in the Treasury not otherwise ap-
increase awareness of, and participation in, gible businesses and offer referral services to propriated, to remain available until ex-
programs of the Small Business Administra- resource partners, community navigators, pended—
tion. potential lenders, and other persons that the (1) $840,000,000 for administrative expenses,
(4) COMMUNITY NAVIGATOR.—The term Administrator determines appropriate for including to prevent, prepare for, and re-
‘‘community navigator’’ means a community current or prospective owners of eligible spond to the COVID–19 pandemic, domesti-
organization, community financial institu- businesses. cally or internationally, including adminis-
tion as defined in section 7(a)(36)(A) of the (3) OUTREACH.—The Administrator shall— trative expenses related to paragraphs (36)
Small Business Act (15 U.S.C. 636(a)(36)(A)), (A) conduct outreach and education, in the and (37) of section 7(a) of the Small Business
or other private nonprofit organization en- 10 most commonly spoken languages in the Act, section 324 of the Economic Aid to
gaged in the delivery of community navi- United States, to current or prospective Hard-Hit Small Businesses, Nonprofits, and
gator services. owners of eligible businesses on community Venues Act (title III of division N of Public
(5) ELIGIBLE BUSINESS.—The term ‘‘eligible navigator services and other Federal pro- Law 116–260), section 5002 of this title, and
business’’ means any small business concern, grams to assist eligible businesses; section 5003 of this title; and
with priority for small business concerns (B) improve the website of the Administra- (2) $460,000,000 to carry out the disaster
owned and controlled by women (as defined tion to describe such community navigator loan program authorized by section 7(b) of
in section 3(n) of the Small Business Act (15 services and other Federal programs; and the Small Business Act (15 U.S.C. 636(b)), of
U.S.C. 632(n))), small business concerns (C) implement an education campaign by which $70,000,000 shall be for the cost of di-
owned and controlled by veterans (as defined advertising in media targeted to current or rect loans authorized by such section and
in section 3(q) of such Act (15 U.S.C. 632(q))), prospective owners of eligible businesses. $390,000,000 shall be for administrative ex-
and socially and economically disadvantaged (4) APPROPRIATIONS.—In addition to penses to carry out such program.
small business concerns (as defined in sec- amounts otherwise available, there is appro- (b) INSPECTOR GENERAL.—In addition to
tion 8(a)(4)(A) of the Small Business Act (15 priated to the Administrator for fiscal year amounts otherwise available, there is appro-
U.S.C. 637(a)(4)(A))). 2021, out of any money in the Treasury not priated to the Inspector General of the Small
(6) PRIVATE NONPROFIT ORGANIZATION.—The otherwise appropriated, $75,000,000, to remain Business Administration for fiscal year 2021,
term ‘‘private nonprofit organization’’ available until September 30, 2022, for car- out of any money in the Treasury not other-
means an entity that is described in section rying out this subsection. wise appropriated, $25,000,000, to remain
501(c) of the Internal Revenue Code of 1986 (d) SUNSET.—The authority of the Adminis- available until expended, for necessary ex-
and exempt from tax under section 501(a) of trator to make grants under this section penses of the Office of Inspector General.
such Code. shall terminate on December 31, 2025. TITLE VI—COMMITTEE ON ENVIRONMENT
(7) RESOURCE PARTNER.—The term ‘‘re- SEC. 5005. SHUTTERED VENUE OPERATORS. AND PUBLIC WORKS
source partner’’ means— (a) IN GENERAL.—In addition to amounts SEC. 6001. ECONOMIC ADJUSTMENT ASSISTANCE.
(A) a small business development center otherwise available, there is appropriated for
(as defined in section 3 of the Small Business (a) ECONOMIC DEVELOPMENT ADMINISTRA-
fiscal year 2021, out of any money in the TION APPROPRIATION.—In addition to
Act (15 U.S.C. 632)); Treasury not otherwise appropriated,
(B) a women’s business center (as described amounts otherwise available, there is appro-
$1,250,000,000, to remain available until ex- priated for fiscal year 2021, out of any money
in section 29 of the Small Business Act (15 pended, to carry out section 324 of the Eco- in the Treasury not otherwise appropriated,
U.S.C. 656)); and nomic Aid to Hard-Hit Small Businesses, $3,000,000,000, to remain available until Sep-
(C) a chapter of the Service Corps of Re- Nonprofits, and Venues Act (title III of divi- tember 30, 2022, to the Department of Com-
tired Executives (as defined in section sion N of Public Law 116–260), of which merce for economic adjustment assistance as
8(b)(1)(B) of the Act (15 U.S.C. 637(b)(1)(B))). $500,000 shall be used to provide technical as- authorized by sections 209 and 703 of the Pub-
(8) SMALL BUSINESS CONCERN.—The term sistance to help applicants access the Sys- lic Works and Economic Development Act of
‘‘small business concern’’ has the meaning tem for Award Management (or any suc- 1965 (42 U.S.C. 3149 and 3233) to prevent, pre-
given under section 3 of the Small Business cessor thereto) or to assist applicants with
pare for, and respond to coronavirus and for
Act (15 U.S.C. 632). an alternative grant application system.
necessary expenses for responding to eco-
(9) STATE.—The term ‘‘State’’ means a (b) REDUCTION OF SHUTTERED VENUES AS-
SISTANCE FOR NEW PPP RECIPIENTS.—Section
nomic injury as a result of coronavirus.
State of the United States, the District of (b) Of the funds provided by this section,
Columbia, the Commonwealth of Puerto 324 of the Economic Aid to Hard-Hit Small
up to 2 percent shall be used for Federal
Rico, the Virgin Islands, American Samoa, Businesses, Nonprofits, and Venues Act (title
costs to administer such assistance utilizing
the Commonwealth of the Northern Mariana III of division N of Public Law 116–260), is
temporary Federal personnel as may be nec-
Islands, and Guam, or an agency, instrumen- amended—
essary consistent with the requirements ap-
tality, or fiscal agent thereof. (1) in subsection (a)(1)(A)(vi)—
plicable to such administrative funding in
(10) UNIT OF GENERAL LOCAL GOVERNMENT.— (A) by striking subclause (III);
fiscal year 2020 to prevent, prepare for, and
The term ‘‘unit of general local government’’ (B) by redesignating subclause (IV) as sub-
respond to coronavirus and which shall re-
means a county, city, town, village, or other clause (III); and
main available until September 30, 2027.
general purpose political subdivision of a (C) in subclause (III), as so redesignated, by (c) Of the funds provided by this section, 25
State. striking ‘‘subclauses (I), (II), and (III)’’ and percent shall be for assistance to States and
(b) COMMUNITY NAVIGATOR PILOT PRO- inserting ‘‘subclauses (I) and (II)’’; and communities that have suffered economic in-
GRAM.— (2) in subsection (c)(1)— jury as a result of job and gross domestic
(1) IN GENERAL.—The Administrator of the (A) in subparagraph (A), in the matter pre- product losses in the travel, tourism, or out-
Small Business Administration shall estab- ceding clause (i), by striking ‘‘A grant’’ and door recreation sectors.
lish a Community Navigator pilot program inserting ‘‘Subject to subparagraphs (B) and SEC. 6002. FUNDING FOR POLLUTION AND DIS-
to make grants to, or enter into contracts or (C), a grant’’; and PARATE IMPACTS OF THE COVID–19
cooperative agreements with, private non- (B) by adding at the end the following: PANDEMIC.
profit organizations, resource partners, ‘‘(C) REDUCTION FOR RECIPIENTS OF NEW PPP (a) IN GENERAL.—In addition to amounts
States, Tribes, and units of local government LOANS.— otherwise available, there is appropriated to
to ensure the delivery of free community ‘‘(i) IN GENERAL.—The otherwise applicable the Environmental Protection Agency for
navigator services to current or prospective amount of a grant under subsection (b)(2) to fiscal year 2021, out of any money in the
owners of eligible businesses in order to im- an eligible person or entity shall be reduced Treasury not otherwise appropriated,
prove access to assistance programs and re- by the total amount of loans guaranteed $100,000,000, to remain available until ex-
sources made available because of the under paragraph (36) or (37) of section 7(a) of pended, to address health outcome dispari-
COVID–19 pandemic by Federal, State, Trib- the Small Business Act (15 U.S.C. 636(a)) that ties from pollution and the COVID–19 pan-
al, and local entities. are received on or after December 27, 2020 by demic, of which—
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(2) APPROPRIATIONS.—In addition to the eligible person or entity. (1) $50,000,000, shall be for grants, con-
amounts otherwise available, there is appro- ‘‘(ii) APPLICATION TO GOVERNMENTAL ENTI- tracts, and other agency activities that iden-
priated to the Administrator for fiscal year TIES.—For purposes of applying clause (i) to tify and address disproportionate environ-
2021, out of any money in the Treasury not an eligible person or entity owned by a State mental or public health harms and risks in
otherwise appropriated, $100,000,000, to re- or a political subdivision of a State, the rel- minority populations or low-income popu-
main available until September 30, 2022, for evant entity— lations under—
carrying out this subsection. ‘‘(I) shall be the eligible person or entity; (A) section 103(b) of the Clean Air Act (42
(c) OUTREACH AND EDUCATION.— and U.S.C. 7403(b));
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March 4, 2021 CONGRESSIONAL RECORD — SENATE S1153
(B) section 1442 of the Safe Drinking Water appropriated, $970,388,160, to remain avail- (1) for the repayment or prepayment of
Act (42 U.S.C. 300j–1); able until September 30, 2024, for grants as debt incurred by the National Railroad Pas-
(C) section 104(k)(7)(A) of the Comprehen- authorized under section 11101(a) of the senger Corporation under financing arrange-
sive Environmental Response, Compensa- FAST Act (Public Law 114–94) to prevent, ments entered into prior to the date of en-
tion, and Liability Act of 1980 (42 U.S.C. prepare for, and respond to coronavirus. actment of this Act; and
9604(k)(7)(A)); and (b) NATIONAL NETWORK APPROPRIATION.—In (2) to pay required reserves, costs, and fees
(D) sections 791 through 797 of the Energy addition to amounts otherwise available, related to such debt, including for loans from
Policy Act of 2005 (42 U.S.C. 16131 through there is appropriated for fiscal year 2021, out the Department of Transportation and loans
16137); and of any money in the Treasury not otherwise that would otherwise have been paid from
(2) $50,000,000 shall be for grants and activi- appropriated, $729,611,840, to remain avail- National Railroad Passenger Corporation
ties authorized under subsections (a) through able until September 30, 2024, for grants as revenues.
(c) of section 103 of the Clean Air Act (42 authorized under section 11101(b) of the (g) PROJECT MANAGEMENT OVERSIGHT.—Not
U.S.C. 7403) and grants and activities author- FAST Act (Public Law 114–94) to prevent, more than $2,000,000 of the aggregate
ized under section 105 of such Act (42 U.S.C. prepare for, and respond to coronavirus. amounts made available under subsections
7405). (c) LONG-DISTANCE SERVICE RESTORATION (a) and (b) shall be for activities authorized
(b) ADMINISTRATION OF FUNDS.— AND EMPLOYEE RECALLS.—Not less than
under section 11101(c) of the FAST Act (Pub-
(1) Of the funds made available pursuant to $165,926,000 of the aggregate amounts made lic Law 114–94).
subsection (a)(1), the Administrator shall re- available under subsections (a) and (b) shall
SEC. 7102. RELIEF FOR AIRPORTS.
serve 2 percent for administrative costs nec- be for use by the National Railroad Pas-
senger Corporation to— (a) IN GENERAL.—
essary to carry out activities funded pursu- (1) IN GENERAL.—In addition to amounts
ant to such subsection. (1) restore, not later than 90 days after the
date of enactment of this Act, the frequency otherwise available, there is appropriated for
(2) Of the funds made available pursuant to fiscal year 2021, out of any funds in the
subsection (a)(2), the Administrator shall re- of rail service on long-distance routes (as de-
fined in section 24102 of title 49, United Treasury not otherwise appropriated,
serve 5 percent for activities funded pursuant $8,000,000,000, to remain available until Sep-
to such subsection other than grants. States Code) that the National Railroad Pas-
senger Corporation reduced the frequency of tember 30, 2024, for assistance to sponsors of
SEC. 6003. UNITED STATES FISH AND WILDLIFE airports, as such terms are defined in section
SERVICE. on or after July 1, 2020, and continue to oper-
ate such service at such frequency; and 47102 of title 49, United States Code, to be
(a) INSPECTION, INTERDICTION, AND RE- made available to prevent, prepare for, and
SEARCH RELATED TO CERTAIN SPECIES AND (2) recall and manage employees fur-
loughed on or after October 1, 2020, as a re- respond to coronavirus.
COVID–19.—In addition to amounts other- (2) REQUIREMENTS AND LIMITATIONS.—
wise made available, there is appropriated sult of efforts to prevent, prepare for, and re-
spond to coronavirus. Amounts made available under this section—
for fiscal year 2021, out of any money in the (A) may not be used for any purpose not di-
Treasury not otherwise appropriated, (d) USE OF FUNDS IN LIEU OF CAPITAL PAY-
MENTS.—Not less than $109,805,000 of the ag- rectly related to the airport; and
$95,000,000 to remain available until ex- (B) may not be provided to any airport
pended, to carry out the provisions of the gregate amounts made available under sub-
sections (a) and (b)— that was allocated in excess of 4 years of op-
Fish and Wildlife Act of 1956 (16 U.S.C. 742a erating funds to prevent, prepare for, and re-
et seq.) and the Fish and Wildlife Coordina- (1) shall be for use by the National Rail-
road Passenger Corporation in lieu of capital spond to coronavirus in fiscal year 2020.
tion Act (16 U.S.C. 661 et seq.) through direct (b) ALLOCATIONS.—The following terms
expenditure, contracts, and grants, of payments from States and commuter rail
passenger transportation providers that are shall apply to the amounts made available
which— under this section:
(1) $20,000,000 shall be for wildlife inspec- subject to the cost allocation policy under
section 24905(c) of title 49, United States (1) OPERATING EXPENSES AND DEBT SERVICE
tions, interdictions, investigations, and re- PAYMENTS.—
lated activities, and for efforts to address Code; and
(2) notwithstanding sections 24319(g) and (A) IN GENERAL.—Not more than
wildlife trafficking; $6,492,000,000 shall be made available for pri-
(2) $30,000,000 shall be for the care of cap- 24905(c)(1)(A)(i) of title 49, United States
Code, such amounts do not constitute cross- mary airports, as such term is defined in sec-
tive species listed under the Endangered Spe- tion 47102 of title 49, United States Code, and
cies Act of 1973, for the care of rescued and subsidization of commuter rail passenger
transportation. certain cargo airports, for costs related to
confiscated wildlife, and for the care of Fed- operations, personnel, cleaning, sanitization,
(e) USE OF FUNDS FOR STATE PAYMENTS FOR
eral trust species in facilities experiencing janitorial services, combating the spread of
STATE-SUPPORTED ROUTES.—
lost revenues due to COVID–19; and pathogens at the airport, and debt service
(1) IN GENERAL.—Of the amounts made
(3) $45,000,000 shall be for research and ex- payments.
available under subsection (b), $174,850,000
tension activities to strengthen early detec- (B) DISTRIBUTION.— Amounts made avail-
shall be for use by the National Railroad
tion, rapid response, and science-based man- able under this paragraph—
Passenger Corporation to offset amounts re-
agement to address wildlife disease out- (i) shall not be subject to the reduced ap-
quired to be paid by States for covered
breaks before they become pandemics and portionments under section 47114(f) of title
State-supported routes.
strengthen capacity for wildlife health moni- 49, United States Code;
(2) FUNDING SHARE.—The share of funding
toring to enhance early detection of diseases (ii) shall first be apportioned as set forth in
provided under paragraph (1) with respect to
that have capacity to jump the species bar- sections 47114(c)(1)(A), 47114(c)(1)(C)(i),
a covered State-supported route shall be dis-
rier and pose a risk in the United States, in- 47114(c)(1)(C)(ii), 47114(c)(2)(A), 47114(c)(2)(B),
tributed as follows:
cluding the development of a national wild- and 47114(c)(2)(E) of title 49, United States
(A) Each covered State-supported route
life disease database. Code; and
shall receive 7 percent of the costs allocated
(b) LACEY ACT PROVISIONS.—In addition to
to the route in fiscal year 2019 under the cost (iii) shall not be subject to a maximum ap-
amounts otherwise made available, there is
allocation methodology adopted pursuant to portionment limit set forth in section
appropriated for fiscal year 2021, out of any
section 209 of the Passenger Rail Investment 47114(c)(1)(B) of title 49, United States Code.
money in the Treasury not otherwise appro-
and Improvement Act of 2008 (Public Law (C) REMAINING AMOUNTS.—Any amount re-
priated, $10,000,000, to remain available until
110–432). maining after distribution under subpara-
expended, to carry out the provisions of sec-
(B) Any remaining amounts after the dis- graph (B) shall be distributed to the sponsor
tion 42(a) of title 18, United States Code, and
tribution described in subparagraph (A) shall of each primary airport (as such term is de-
the Lacey Act Amendments of 1981 (16 U.S.C.
be apportioned to each covered State-sup- fined in section 47102 of title 49, United
3371–3378) to identify and designate wildlife
ported route in proportion to the passenger States Code) based on each such primary air-
species, or larger taxonomic groups of spe-
revenue of such route and other revenue allo- port’s passenger enplanements compared to
cies, as injurious under such provisions if
cated to such route in fiscal year 2019 divided the total passenger enplanements of all such
they transmit a pathogen that could poten-
by the total passenger revenue and other primary airports in calendar year 2019.
tially pose a risk to human health and de-
revenue allocated to all covered State-sup- (2) FEDERAL SHARE FOR DEVELOPMENT
velop regulations to develop a process to
ported routes in fiscal year 2019. PROJECTS.—
make emergency listings for injurious spe-
(3) COVERED STATE-SUPPORTED ROUTE DE- (A) IN GENERAL.—Not more than $608,000,000
cies.
FINED.—In this subsection, the term ‘‘cov- allocated under subsection (a)(1) shall be
TITLE VII—COMMITTEE ON COMMERCE, ered State-supported route’’ means a State- available to pay a Federal share of 100 per-
SCIENCE, AND TRANSPORTATION supported route, as such term is defined in cent of the costs for any grant awarded in
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Subtitle A—Transportation and section 24102 of title 49, United States Code, fiscal year 2021, or in fiscal year 2020 with
Infrastructure but does not include a State-supported route less than a 100-percent Federal share, for an
SEC. 7101. GRANTS TO THE NATIONAL RAILROAD for which service was terminated on or be- airport development project (as such term is
PASSENGER CORPORATION. fore February 1, 2020. defined in section 47102 of title 49).
(a) NORTHEAST CORRIDOR APPROPRIATION.— (f) USE OF FUNDS FOR DEBT REPAYMENT OR (B) REMAINING AMOUNTS.—Any amount re-
In addition to amounts otherwise available, PREPAYMENT.—Not more than $100,885,000 of maining under this paragraph shall be dis-
there is appropriated for fiscal year 2021, out the aggregate amounts made available under tributed as described in paragraph (1)(C).
of any money in the Treasury not otherwise subsections (a) and (b) shall be— (3) NONPRIMARY AIRPORTS.—
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S1154 CONGRESSIONAL RECORD — SENATE March 4, 2021
(A) IN GENERAL.—Not more than $100,000,000 ports or nonprimary airports receiving funds of enactment of this section and ending on
shall be made available for general aviation under this section. September 30, 2021.
and commercial service airports that are not (D) NONCOMPLIANCE.—Any financial assist- (2) TOTAL HOURS; AMOUNT.—Paid leave
primary airports (as such terms are defined ance provided under this section to an air- under this section—
in section 47102 of title 49, United States port that fails to comply with the workforce (A) shall be provided to an employee of the
Code) for costs related to operations, per- retention requirement described in subpara- Administration in an amount not to exceed
sonnel, cleaning, sanitization, janitorial graph (A), and does not otherwise qualify for 600 hours of paid leave for each full-time em-
services, combating the spread of pathogens a waiver or exception under this paragraph, ployee, and in the case of a part-time em-
at the airport, and debt service payments. shall be subject to clawback by the Sec- ployee, employee on an uncommon tour of
(B) DISTRIBUTION.—Amounts made avail- retary. duty, or employee with a seasonal work
able under this paragraph shall be appor- (d) DEFINITIONS.—In this section: schedule, in an amount not to exceed the
tioned to each non-primary airport based on (1) ELIGIBLE LARGE AIRPORT CONCESSION.— proportional equivalent of 600 hours to the
the categories published in the most current The term ‘‘eligible large airport concession’’ extent amounts in the Fund remain avail-
National Plan of Integrated Airport Sys- means a concession (as defined in section 23.3 able for reimbursement;
tems, reflecting the percentage of the aggre- of title 49, Code of Federal Regulations), that (B) shall be paid at the same hourly rate as
gate published eligible development costs for is in-terminal and has maximum gross re- other leave payments; and
each such category, and then dividing the al- ceipts, averaged over the previous three fis- (C) may not be provided to an employee if
located funds evenly among the eligible air- cal years, of more than $56,420,000. the leave would result in payments greater
ports in each category, rounding up to the (2) ELIGIBLE SMALL AIRPORT CONCESSION.— than $2,800 in aggregate for any biweekly pay
nearest thousand dollars. The term ‘‘eligible small airport concession’’ period for a full-time employee, or a propor-
(C) REMAINING AMOUNTS.—Any amount re- means a concession (as defined in section 23.3 tionally equivalent biweekly limit for a
maining under this paragraph shall be dis- of title 49, Code of Federal Regulations), that part-time employee.
tributed as described in paragraph (1)(C). is in-terminal and— (3) RELATIONSHIP TO OTHER LEAVE.—Paid
(4) AIRPORT CONCESSIONS.— (A) a small business with maximum gross leave under this section—
(A) IN GENERAL.—Not more than $800,000,000 receipts, averaged over the previous 3 fiscal (A) is in addition to any other leave pro-
shall be made available for sponsors of pri- years, of less than $56,420,000; or vided to an employee of the Administration;
mary airports to provide relief from rent and (B) is a joint venture (as defined in section and
minimum annual guarantees to airport con- 23.3 of title 49, Code of Federal Regulations). (B) may not be used by an employee of the
cessions, of which at least $640,000,000 shall SEC. 7103. EMERGENCY FAA EMPLOYEE LEAVE Administration concurrently with any other
be available to provide relief to eligible FUND. paid leave.
small airport concessions and of which at (a) ESTABLISHMENT; APPROPRIATION.—There (4) CALCULATION OF RETIREMENT BENEFIT.—
least $160,000,000 shall be available to provide is established in the Federal Aviation Ad- Any paid leave provided to an employee of
relief to eligible large airport concessions lo- ministration the Emergency FAA Employee the Administration under this section shall
cated at primary airports. Leave Fund (in this section referred to as the reduce the total service used to calculate
(B) DISTRIBUTION.—The amounts made ‘‘Fund’’), to be administered by the Adminis- any Federal civilian retirement benefit.
available for each set-aside in this paragraph trator of the Federal Aviation Administra-
SEC. 7104. EMERGENCY TSA EMPLOYEE LEAVE
shall be distributed to the sponsor of each tion, for the purposes set forth in subsection FUND.
primary airport (as such term is defined in (b). In addition to amounts otherwise avail-
section 47102 of title 49, United States Code) able, there is appropriated for fiscal year (a) ESTABLISHMENT; APPROPRIATION.—There
based on each such primary airport’s pas- 2021, out of any money in the Treasury not is established in the Transportation Security
senger enplanements compared to the total otherwise appropriated, $9,000,000, which Administration (in this section referred to as
passenger enplanements of all such primary shall be deposited into the Fund and remain the ‘‘Administration’’) the Emergency TSA
airports in calendar year 2019. available through September 30, 2022. Employee Leave Fund (in this section re-
(C) CONDITIONS.—As a condition of approv- (b) PURPOSE.—Amounts in the Fund shall ferred to as the ‘‘Fund’’), to be administered
ing a grant under this paragraph— be available to the Administrator for the use by the Administrator of the Administration,
(i) the sponsor shall provide such relief of paid leave under this section by any em- for the purposes set forth in subsection (b).
from the date of enactment of this Act until ployee of the Administration who is unable In addition to amounts otherwise available,
the sponsor has provided relief equaling the to work because the employee— there is appropriated for fiscal year 2021, out
total grant amount, to the extent prac- (1) is subject to a Federal, State, or local of any money in the Treasury not otherwise
ticable and to the extent permissible under quarantine or isolation order related to appropriated, $13,000,000, which shall be de-
State laws, local laws, and applicable trust COVID–19; posited into the Fund and remain available
indentures; and (2) has been advised by a health care pro- through September 30, 2022.
(ii) for each set-aside, the sponsor shall vider to self-quarantine due to concerns re- (b) PURPOSE.—Amounts in the Fund shall
provide relief from rent and minimum an- lated to COVID–19; be available to the Administration for the
nual guarantee obligations to each eligible (3) is caring for an individual who is sub- use of paid leave under this section by any
airport concession in an amount that re- ject to such an order or has been so advised; employee of the Administration who is un-
flects each eligible airport concession’s pro- (4) is experiencing symptoms of COVID–19 able to work because the employee—
portional share of the total amount of the and seeking a medical diagnosis; (1) is subject to a Federal, State, or local
rent and minimum annual guarantees of (5) is caring for a son or daughter of such quarantine or isolation order related to
those eligible airport concessions at such employee if the school or place of care of the COVID–19;
airport. son or daughter has been closed, if the school (2) has been advised by a health care pro-
(c) ADMINISTRATION.— of such son or daughter requires or makes vider to self-quarantine due to concerns re-
(1) ADMINISTRATIVE EXPENSES.—The Ad- optional a virtual learning instruction model lated to COVID–19;
ministrator of the Federal Aviation Admin- or requires or makes optional a hybrid of in- (3) is caring for an individual who is sub-
istration may retain up to 0.1 percent of the person and virtual learning instruction mod- ject to such an order or has been so advised;
funds provided under this section to fund the els, or the child care provider of such son or (4) is experiencing symptoms of COVID–19
award of, and oversight by the Adminis- daughter is unavailable, due to COVID–19 and seeking a medical diagnosis;
trator of, grants made under this section. precautions; (5) is caring for a son or daughter of such
(2) WORKFORCE RETENTION REQUIREMENTS.— (6) is experiencing any other substantially employee if the school or place of care of the
(A) REQUIRED RETENTION.—As a condition similar condition; son or daughter has been closed, if the school
for receiving funds provided under this sec- (7) is caring for a family member with a of such son or daughter requires or makes
tion, an airport shall continue to employ, mental or physical disability or who is 55 optional a virtual learning instruction model
through September 30, 2021, at least 90 per- years of age or older and incapable of self- or requires or makes optional a hybrid of in-
cent of the number of individuals employed care, without regard to whether another in- person and virtual learning instruction mod-
(after making adjustments for retirements dividual other than the employee is avail- els, or the child care provider of such son or
or voluntary employee separations) by the able to care for such family member, if the daughter is unavailable, due to COVID–19
airport as of March 27, 2020. place of care for such family member is precautions;
(B) WAIVER OF RETENTION REQUIREMENT.— closed or the direct care provider is unavail- (6) is experiencing any other substantially
The Secretary shall waive the workforce re- able due to COVID–19; or similar condition;
tention requirement if the Secretary deter- (8) is obtaining immunization related to (7) is caring for a family member with a
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mines that— COVID–19 or is recovering from any injury, mental or physical disability or who is 55
(i) the airport is experiencing economic disability, illness, or condition related to years of age or older and incapable of self-
hardship as a direct result of the require- such immunization. care, without regard to whether another in-
ment; or (c) LIMITATIONS.— dividual other than the employee is avail-
(ii) the requirement reduces aviation safe- (1) PERIOD OF AVAILABILITY.—Paid leave able to care for such family member, if the
ty or security. under this section may only be provided to place of care for such family member is
(C) EXCEPTION.—The workforce retention and used by an employee of the Administra- closed or the direct care provider is unavail-
requirement shall not apply to nonhub air- tion during the period beginning on the date able due to COVID–19; or
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March 4, 2021 CONGRESSIONAL RECORD — SENATE S1155
(8) is obtaining immunization related to maintenance, repair, and overhaul activities gible employees group’s total compensation
COVID–19 or is recovering from any injury, and services based in the United States; level, and combined with the private con-
disability, illness, or condition related to (C) which has involuntarily furloughed or tribution, is sufficient to maintain the total
such immunization. laid off at least 10 percent of its workforce in compensation level for those in the eligible
(c) LIMITATIONS.— 2020 as compared to 2019 or has experienced employee group as of April 1, 2020.
(1) PERIOD OF AVAILABILITY.—Paid leave at least a 15 percent decline in 2020 revenues (7) SECRETARY.—The term ‘‘Secretary’’
under this section may only be provided to as compared to 2019; means the Secretary of Transportation.
and used by an employee of the Administra- (D) that, as supported by sworn financial (8) TOTAL COMPENSATION LEVEL.—The term
tion during the period beginning on the date statements or other appropriate data, has ‘‘total compensation level’’ means the level
of enactment of this section and ending on identified the eligible employee group and of total base compensation and benefits
September 30, 2021. the amount of total compensation level for being provided to an eligible employee group
(2) TOTAL HOURS; AMOUNT.—Paid leave the eligible employee group; employee, excluding overtime and premium
under this section— (E) that agrees to provide private contribu- pay, and excluding any Federal, State, or
(A) shall be provided to an employee of the tions and maintain the total compensation local payroll taxes paid, as of April 1, 2020.
Administration in an amount not to exceed level for the eligible employee group for the SEC. 7202. PAYROLL SUPPORT PROGRAM.
600 hours of paid leave for each full-time em- duration of an agreement under this subtitle; (a) IN GENERAL.—The Secretary shall es-
ployee, and in the case of a part-time em- (F) that agrees to provide immediate no- tablish a payroll support program and enter
ployee, employee on an uncommon tour of tice and justification to the Secretary of in- into agreements with employers who meet
duty, or employee with a seasonal work voluntary furloughs or layoffs exceeding 10 the eligibility criteria specified in subsection
schedule, in an amount not to exceed the percent of the workforce that is not included (b) and are not ineligible under subsection
proportional equivalent of 600 hours to the in an eligible employee group for the dura- (c), to provide public contributions to sup-
extent amounts in the Fund remain avail- tion of an agreement and receipt of public plement compensation of an eligible em-
able for reimbursement; contributions under this subtitle; ployee group. There is appropriated for fiscal
(B) shall be paid at the same hourly rate as (G) that has not conducted involuntary year 2021, out of amounts in the Treasury
other leave payments; and furloughs or reduced pay rates or benefits for not otherwise appropriated, $3,000,000,000, to
(C) may not be provided to an employee if the eligible employee group, subject to the remain available until September 30, 2023, for
the leave would result in payments greater employer’s right to discipline or terminate
the Secretary to carry out the payroll sup-
than $2,800 in aggregate for any biweekly pay an employee in accordance with employer
port program authorized under the preceding
period for a full-time employee, or a propor- policy, between the date of application and
sentence for which 1 percent of the funds
tionally equivalent biweekly limit for a the date on which such a corporation, firm,
may be used for implementation costs and
part-time employee. or other business entity enters into an agree-
administrative expenses.
(3) RELATIONSHIP TO OTHER LEAVE.—Paid ment with the Secretary under this subtitle;
(b) ELIGIBILITY.—The Secretary shall enter
leave under this section— and
into an agreement and provide public con-
(A) is in addition to any other leave pro- (H) that—
tributions, for a term no longer than 6
vided to an employee of the Administration; (i) in the case of a corporation, firm, or
months, solely with an employer that agrees
and other business entity including any parent
to use the funds received under an agreement
(B) may not be used by an employee of the company or subsidiary of such a corporation,
exclusively for the continuation of employee
Administration concurrently with any other firm, or other business entity, that holds any
wages, salaries, and benefits, to maintain the
paid leave. type or production certificate or similar au-
total compensation level for the eligible em-
(4) CALCULATION OF RETIREMENT BENEFIT.— thorization issued under section 44704 of title
ployee group as of April 1, 2020 for the dura-
Any paid leave provided to an employee of 49, United States Code, with respect to a
transport-category airplane covered under tion of the agreement, and to facilitate the
the Administration under this section shall retention, rehire, or recall of employees of
reduce the total service used to calculate part 25 of title 14, Code of Federal Regula-
tions, certificated with a passenger seating the employer, except that such funds may
any Federal civilian retirement benefit. not be used for back pay of returning rehired
capacity of 50 or more, agrees to refrain from
Subtitle B—Aviation Manufacturing Jobs conducting involuntary layoffs or furloughs, or recalled employees.
Protection or reducing pay rates and benefits, for the el- (c) INELIGIBILITY.—The Secretary may not
SEC. 7201. DEFINITIONS. igible employee group, subject to the em- enter into any agreement under this section
In this subtitle: ployer’s right to discipline or terminate an with an employer who was allowed a credit
(1) ELIGIBLE EMPLOYEE GROUP.—The term employee in accordance with employer pol- under section 2301 of the CARES Act (26
‘‘eligible employee group’’ means the portion icy from the date of agreement until Sep- U.S.C. 3111 note) for the immediately pre-
of an employer’s United States workforce tember 30, 2021, or the duration of the agree- ceding calendar quarter ending before such
that— ment and receipt of public contributions agreement is entered into, who received fi-
(A) does not exceed 25 percent of the em- under this subtitle, whichever period ends nancial assistance under section 4113 of the
ployer’s total United States workforce as of later; or CARES Act (15 U.S.C. 9073), or who is cur-
April 1, 2020; and (ii) in the case of corporation, firm, or rently expending financial assistance under
(B) contains only employees with a total other business entity not specified under the paycheck protection program established
compensation level of $200,000 or less per subparagraph (i), agrees to refrain from con- under section 7(a)(36) of the Small Business
year; and ducting involuntary layoffs or furloughs, or Act (15 U.S.C. 636(a)(36)), as of the date the
(C) is engaged in aviation manufacturing reducing pay rates and benefits, for the eligi- employer submits an application under the
activities and services, or maintenance, re- ble employee group, subject to the employ- payroll support program established under
pair, and overhaul activities and services. er’s right to discipline or terminate an em- subsection (a).
(2) AVIATION MANUFACTURING COMPANY.— ployee in accordance with employer policy (d) REDUCTIONS.—To address any shortfall
The term ‘‘aviation manufacturing com- for the duration of the agreement and re- in assistance that would otherwise be pro-
pany’’ means a corporation, firm, or other ceipt of public contributions under this sub- vided under this subtitle, the Secretary shall
business entity— title. reduce, on a pro rata basis, the financial as-
(A) that— (3) EMPLOYEE.—The term ‘‘employee’’ has sistance provided under this subtitle.
(i) actively manufactures an aircraft, air- the meaning given that term in section 3 of (e) AGREEMENT DEADLINE.—No agreement
craft engine, propeller, or a component, part, the Fair Labor Standards Act of 1938 (29 may be entered into by the Secretary under
or systems of an aircraft or aircraft engine U.S.C. 203). the payroll support program established
under a Federal Aviation Administration (4) EMPLOYER.—The term ‘‘employer’’ under subsection (a) after the last day of the
production approval; means an aviation manufacturing company 6 month period that begins on the effective
(ii) holds a certificate issued under part 145 that is an employer (as defined in section 3 date of the first agreement entered into
of title 14, Code of Federal Regulations, for of the Fair Labor Standards Act of 1938 (29 under such program.
maintenance, repair, and overhaul of air- U.S.C. 203)). Subtitle C—Airlines
craft, aircraft engines, components, or pro- (5) PRIVATE CONTRIBUTION.—The term ‘‘pri- SEC. 7301. AIR TRANSPORTATION PAYROLL SUP-
pellers; or vate contribution’’ means the contribution PORT PROGRAM EXTENSION.
(iii) operates a process certified to SAE funded by the employer under this subtitle (a) DEFINITIONS.—The definitions in section
AS9100 related to the design, development, or to maintain 50 percent of the eligible em- 40102(a) of title 49, United States Code, shall
provision of an aviation product or service, ployee group’s total compensation level, and apply with respect to terms used in this sec-
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including a part, component, or assembly; combined with the public contribution, is tion, except that—
(B) which— sufficient to maintain the total compensa- (1) the term ‘‘catering functions’’ means
(i) is established, created, or organized in tion level for the eligible employee group as preparation, assembly, or both, of food, bev-
the United States or under the laws of the of April 1, 2020. erages, provisions and related supplies for
United States; and (6) PUBLIC CONTRIBUTION.—The term ‘‘pub- delivery, and the delivery of such items, di-
(ii) has significant operations in, and a ma- lic contribution’’ means the contribution rectly to aircraft or to a location on or near
jority of its employees engaged in aviation funded by the Federal Government under airport property for subsequent delivery to
manufacturing activities and services, or this subtitle to provide 50 percent of the eli- aircraft;
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S1156 CONGRESSIONAL RECORD — SENATE March 4, 2021
(2) the term ‘‘contractor’’ means— (B) performs one or more of the functions (3) IN GENERAL.—
(A) a person that performs, under contract described under paragraph (2) as of March 31, (A) FORMS; TERMS AND CONDITIONS.—The
with a passenger air carrier conducting oper- 2021; Secretary shall provide financial assistance
ations under part 121 of title 14, Code of Fed- (C) has not conducted involuntary fur- to an eligible air carrier or eligible con-
eral Regulations— loughs or reduced pay rates or benefits be- tractor under this section in the same form
(i) catering functions; or tween March 31, 2021, and the date on which and on the same terms and conditions as de-
(ii) functions on the property of an airport the contractor makes a certification to the termined by pursuant to section 403(b)(1)(A)
that are directly related to the air transpor- Secretary pursuant to subparagraph (D); and of subtitle A of title IV of division N of the
tation of persons, property, or mail, includ- (D) certifies to the Secretary that such Consolidated Appropriations Act, 2021 (Pub.
ing the loading and unloading of property on contractor will— L. No. 116-260).
aircraft, assistance to passengers under part (i) refrain from conducting involuntary (B) PROCEDURES.—The Secretary shall pub-
382 of title 14, Code of Federal Regulations, furloughs or reducing pay rates or benefits lish streamlined and expedited procedures
security, airport ticketing and check-in until September 30, 2021, or the date on not later than 5 days after the date of enact-
functions, ground-handling of aircraft, or which assistance provided under this section ment of this section for eligible air carriers
aircraft cleaning and sanitization functions is exhausted, whichever is later; and eligible contractors to submit requests
and waste removal; or (ii) refrain from purchasing an equity secu- for financial assistance under this section.
(B) a subcontractor that performs such rity of the contractor or the parent company (C) DEADLINE FOR IMMEDIATE PAYROLL AS-
functions; of the contractor that is listed on a national SISTANCE.—Not later than 10 days after the
securities exchange through September 30, date of enactment of this section, the Sec-
(3) the term ‘‘employee’’ means an indi-
2022; retary shall make initial payments to air
vidual, other than a corporate officer, who is
(iii) refrain from paying dividends, or mak- carriers and contractors that submit re-
employed by an air carrier or a contractor;
ing other capital distributions, with respect quests for financial assistance approved by
(4) the term ‘‘eligible air carrier’’ means an
to common stock (or equivalent interest) of the Secretary.
air carrier that—
the contractor through September 30, 2022; (4) TAXPAYER PROTECTION.—The Secretary
(A) received financial assistance pursuant
(iv) during the 2-year period beginning shall receive financial instruments issued by
section 402(a)(1) of division N of the Consoli-
April 1, 2021, and ending April 1, 2023, refrain recipients of financial assistance under this
dated Appropriations Act, 2021 (Public Law from paying—
116-260); section in the same form and amount, and
(I) any officer or employee of the con- under the same terms and conditions, as de-
(B) provides air transportation as of March tractor whose total compensation exceeded
31, 2021; termined by the Secretary under section 408
$425,000 in calendar year 2019 (other than an of subtitle A of title IV of division N of the
(C) has not conducted involuntary fur- employee whose compensation is determined
loughs or reduced pay rates or benefits be- Consolidated Appropriations Act, 2021 (Pub.
through an existing collective bargaining L. No. 116-260).
tween March 31, 2021, and the date on which agreement entered into prior to the date of
the air carrier makes a certification to the (5) ADMINISTRATIVE EXPENSES.—Of the
enactment of this Act)— amounts made available under paragraph
Secretary pursuant to subparagraph (D); and (aa) total compensation that exceeds, dur-
(D) certifies to the Secretary that such air (1)(A), $10,000,000 shall be made available to
ing any 12 consecutive months of such 2-year the Secretary for costs and administrative
carrier will— period, the total compensation received by
(i) refrain from conducting involuntary expenses associated with providing financial
the officer or employee from the contractor
furloughs or reducing pay rates or benefits assistance under this section.
in calendar year 2019; or (c) FUNDING.—In addition to amounts oth-
until September 30, 2021, or the date on (bb) severance pay or other benefits upon
which assistance provided under this section erwise available, there is appropriated for
termination of employment with the con- fiscal year 2021, out of any money in the
is exhausted, whichever is later; tractor which exceeds twice the maximum
(ii) refrain from purchasing an equity secu- Treasury not otherwise appropriated,
total compensation received by the officer or $15,000,000,000, to remain available until ex-
rity of the air carrier or the parent company employee from the contractor in calendar pended, to carry out this section.
of the air carrier that is listed on a national year 2019; and
securities exchange through September 30, Subtitle D—Consumer Protection and
(II) any officer or employee of the con-
2022; Commerce Oversight
tractor whose total compensation exceeded
(iii) refrain from paying dividends, or mak- $3,000,000 in calendar year 2019 during any 12 SEC. 7401. FUNDING FOR CONSUMER PRODUCT
ing other capital distributions, with respect SAFETY FUND TO PROTECT CON-
consecutive months of such period total SUMERS FROM POTENTIALLY DAN-
to common stock (or equivalent interest) of compensation in excess of the sum of— GEROUS PRODUCTS RELATED TO
such air carrier through September 30, 2022; (aa) $3,000,000; and COVID–19.
(iv) during the 2-year period beginning (bb) 50 percent of the excess over $3,000,000 (a) APPROPRIATION.—In addition to
April 1, 2021, and ending April 1, 2023, refrain of the total compensation received by the of- amounts otherwise available, there is appro-
from paying— ficer or employee from the contractor in cal- priated to the Consumer Product Safety
(I) any officer or employee of the air car- endar year 2019. Commission for fiscal year 2021, out of any
rier whose total compensation exceeded (6) the term ‘‘Secretary’’ means the Sec- money in the Treasury not otherwise appro-
$425,000 in calendar year 2019 (other than an retary of the Treasury. priated, $50,000,000, to remain available until
employee whose compensation is determined (b) PAYROLL SUPPORT GRANTS.— September 30, 2026, for the purposes de-
through an existing collective bargaining (1) IN GENERAL.—The Secretary shall make scribed in subsection (b).
agreement entered into prior to the date of available to eligible air carriers and eligible (b) PURPOSES.—The funds made available
enactment of this Act)— contractors, financial assistance exclusively in subsection (a) shall only be used for pur-
(aa) total compensation that exceeds, dur- for the continuation of payment of employee poses of the Consumer Product Safety Com-
ing any 12 consecutive months of such 2-year wages, salaries, and benefits to— mission to—
period, the total compensation received by (A) eligible air carriers, in an aggregate (1) carry out the requirements in title XX
the officer or employee from the air carrier amount of $14,000,000,000; and of division FF of the Consolidated Appropria-
in calendar year 2019; or (B) eligible contractors, in an aggregate tions Act, 2021 (Public Law 116–260);
(bb) severance pay or other benefits upon amount of $1,000,000,000. (2) enhance targeting, surveillance, and
termination of employment with the air car- (2) APPORTIONMENTS.— screening of consumer products, particularly
rier which exceeds twice the maximum total (A) IN GENERAL.—The Secretary shall ap- COVID–19 products, entering the United
compensation received by the officer or em- portion funds to eligible air carriers and eli- States at ports of entry, including ports of
ployee from the air carrier in calendar year gible contractors in accordance with the re- entry for de minimis shipments;
2019; and quirements of this section not later than (3) enhance monitoring of internet
(II) any officer or employee of the air car- April 15, 2021. websites for the offering for sale of new and
rier whose total compensation exceeded (B) ELIGIBLE AIR CARRIERS.—The Secretary used violative consumer products, particu-
$3,000,000 in calendar year 2019 during any 12 shall apportion funds made available under larly COVID–19 products, and coordination
consecutive months of such period total paragraph (1)(A) to each eligible air carrier with retail and resale websites to improve
compensation in excess of the sum of— in the ratio that— identification and elimination of listings of
(aa) $3,000,000; and (i) the amount received by the air carrier such products;
(bb) 50 percent of the excess over $3,000,000 pursuant to section 403(a) of division N of the (4) increase awareness and communication
of the total compensation received by the of- Consolidated Appropriations Act, 2021 (Pub- particularly of COVID–19 product related
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ficer or employee from the air carrier in cal- lic Law 116-260) bears to risks and other consumer product safety in-
endar year 2019. (ii) $15,000,000,000. formation; and
(5) the term ‘‘eligible contractor’’ means a (C) ELIGIBLE CONTRACTORS.—The Secretary (5) improve the Commission’s data collec-
contractor that— shall apportion, to each eligible contractor, tion and analysis system especially with a
(A) received financial assistance pursuant an amount equal to the total amount such focus on consumer product safety risks re-
to section 402(a)(2) of division N of the Con- contractor received pursuant to section sulting from the COVID–19 pandemic to so-
solidated Appropriations Act, 2021 (Public 403(a) of division N of the Consolidated Ap- cially disadvantaged individuals and other
Law 116-260); propriations Act, 2021 (Public Law 116-260). vulnerable populations.
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March 4, 2021 CONGRESSIONAL RECORD — SENATE S1157
(c) DEFINITIONS.—In this section— covered regulations shall be provided from fiscal year 2021, $30,400,000, to remain avail-
(1) the term ‘‘Commission’’ means the Con- amounts made available from the Emer- able until September 30, 2026, for the pur-
sumer Product Safety Commission; gency Connectivity Fund and not from con- poses described in subsection (b).
(2) the term ‘‘violative consumer products’’ tributions under section 254(d) of the Com- (b) PURPOSES.—From the amount appro-
means consumer products in violation of an munications Act of 1934 (47 U.S.C. 254(d)). priated under subsection (a), the Federal
applicable consumer product safety standard (d) DEFINITIONS.—In this section: Trade Commission shall use—
under the Consumer Product Safety Act (15 (1) ADVANCED TELECOMMUNICATIONS AND IN- (1) $4,400,000 to process and monitor con-
U.S.C. 2051 et seq.) or any similar rule, regu- FORMATION SERVICES.—The term ‘‘advanced sumer complaints received into the Con-
lation, standard, or ban under any other Act telecommunications and information serv- sumer Sentinel Network, including increased
enforced by the Commission; ices’’ means advanced telecommunications complaints received regarding unfair or de-
(3) the term ‘‘COVID–19 emergency period’’ and information services, as such term is ceptive acts or practices related to COVID–
means the period during which a public used in section 254(h) of the Communications 19;
health emergency declared pursuant to sec- Act of 1934 (47 U.S.C. 254(h)). (2) $2,000,000 for consumer-related edu-
tion 319 of the Public Health Service Act (42 (2) COMMISSION.—The term ‘‘Commission’’ cation, including in connection with unfair
U.S.C. 247d) with respect to the 2019 novel means the Federal Communications Com- or deceptive acts or practices related to
coronavirus (COVID–19), including under any mission. COVID–19; and
renewal of such declaration, is in effect; and (3) CONNECTED DEVICE.—The term ‘‘con- (3) $24,000,000 to fund full-time employees
(4) the term ‘‘COVID–19 products’’ means nected device’’ means a laptop computer, of the Federal Trade Commission to address
consumer products, as defined by section tablet computer, or similar end-user device unfair or deceptive acts or practices, includ-
3(a)(5) of the Consumer Product Safety Act that is capable of connecting to advanced ing those related to COVID–19.
(15 U.S.C. 2052(a)(5)), whose risks have been telecommunications and information serv- Subtitle E—Science and Technology
significantly affected by COVID–19 or whose ices. SEC. 7501. NATIONAL INSTITUTE OF STANDARDS
sales have materially increased during the (4) COVERED REGULATIONS.—The term ‘‘cov- AND TECHNOLOGY.
COVID–19 emergency period as a result of ered regulations’’ means the regulations pro-
the COVID–19 pandemic. In addition to amounts otherwise made
mulgated under subsection (a). available, there are appropriated to the Na-
SEC. 7402. FUNDING FOR E-RATE SUPPORT FOR (5) COVID–19 EMERGENCY PERIOD.—The
EMERGENCY EDUCATIONAL CON- tional Institute of Standards and Technology
term ‘‘COVID–19 emergency period’’ means a for fiscal year 2021, out of any money in the
NECTIONS AND DEVICES.
period that— Treasury not otherwise appropriated,
(a) REGULATIONS REQUIRED.—Not later
(A) begins on the date of a determination $150,000,000, to remain available until Sep-
than 60 days after the date of the enactment
of this Act, the Commission shall promul- by the Secretary of Health and Human Serv- tember 30, 2022, to fund awards for research,
gate regulations providing for the provision, ices pursuant to section 319 of the Public development, and testbeds to prevent, pre-
from amounts made available from the Health Service Act (42 U.S.C. 247d) that a pare for, and respond to coronavirus. None of
Emergency Connectivity Fund, of support public health emergency exists as a result of the funds provided by this section shall be
under paragraphs (1)(B) and (2) of section COVID–19; and subject to cost share requirements.
254(h) of the Communications Act of 1934 (47 (B) ends on the June 30 that first occurs SEC. 7502. NATIONAL SCIENCE FOUNDATION.
U.S.C. 254(h)) to an eligible school or library, after the date that is 1 year after the date on
In addition to amounts otherwise made
for the purchase during a COVID–19 emer- which such determination (including any re-
available, there are appropriated to the Na-
gency period of eligible equipment or ad- newal thereof) terminates.
tional Science Foundation for fiscal year
vanced telecommunications and information (6) ELIGIBLE EQUIPMENT.—The term ‘‘eligi-
2021, out of any money in the Treasury not
services (or both), for use by— ble equipment’’ means the following:
otherwise appropriated, $600,000,000, to re-
(1) in the case of a school, students and (A) Wi-Fi hotspots.
main available until September 30, 2022, to
staff of the school at locations that include (B) Modems.
fund or extend new and existing research
locations other than the school; and (C) Routers.
grants, cooperative agreements, scholar-
(2) in the case of a library, patrons of the (D) Devices that combine a modem and
ships, fellowships, and apprenticeships, and
library at locations that include locations router.
related administrative expenses to prevent,
other than the library. (E) Connected devices.
prepare for, and respond to coronavirus.
(b) SUPPORT AMOUNT.—In providing support (7) ELIGIBLE SCHOOL OR LIBRARY.—The term
under the covered regulations, the Commis- ‘‘eligible school or library’’ means an ele- Subtitle F—Corporation for Public
sion shall reimburse 100 percent of the costs mentary school, secondary school, or library Broadcasting
associated with the eligible equipment, ad- (including a Tribal elementary school, Tribal SEC. 7601. SUPPORT FOR THE CORPORATION FOR
vanced telecommunications and information secondary school, or Tribal library) eligible PUBLIC BROADCASTING.
services, or eligible equipment and advanced for support under paragraphs (1)(B) and (2) of In addition to amounts otherwise made
telecommunications and information serv- section 254(h) of the Communications Act of available, there is appropriated to the Cor-
ices, except that any reimbursement of a 1934 (47 U.S.C. 254(h)). poration for Public Broadcasting for fiscal
school or library for the costs associated (8) EMERGENCY CONNECTIVITY FUND.—The year 2021, out of any money in the Treasury
with any eligible equipment may not exceed term ‘‘Emergency Connectivity Fund’’ not otherwise appropriated, $175,000,000, to
an amount that the Commission determines, means the fund established under subsection remain available until expended, to prevent,
with respect to the request by the school or (c)(1). prepare for, and respond to coronavirus, in-
library for the reimbursement, is reasonable. (9) LIBRARY.—The term ‘‘library’’ includes cluding for fiscal stabilization grants to pub-
(c) EMERGENCY CONNECTIVITY FUND.— a library consortium. lic telecommunications entities, as defined
(1) ESTABLISHMENT.—There is established (10) WI-FI.—The term ‘‘Wi-Fi’’ means a in section 397 of the Communications Act of
in the Treasury of the United States a fund wireless networking protocol based on Insti- 1934 (47 U.S.C. 397), with no deduction for ad-
to be known as the ‘‘Emergency ministrative or other costs of the Corpora-
tute of Electrical and Electronics Engineers
Connectivity Fund’’. tion, to maintain programming and services
standard 802.11 (or any successor standard).
(2) APPROPRIATION.—In addition to and preserve small and rural stations threat-
(11) WI-FI HOTSPOT.—The term ‘‘Wi-Fi
amounts otherwise available, there is appro- ened by declines in non-Federal revenues.
hotspot’’ means a device that is capable of—
priated to the Emergency Connectivity Fund
(A) receiving advanced telecommuni- TITLE VIII—COMMITTEE ON VETERANS’
for fiscal year 2021, out of any money in the
cations and information services; and AFFAIRS
Treasury not otherwise appropriated—
(B) sharing such services with a connected SEC. 8001. FUNDING FOR CLAIMS AND APPEALS
(A) $7,171,000,000, to remain available until
device through the use of Wi-Fi. PROCESSING.
September 30, 2030, for—
(i) the provision of support under the cov- SEC. 7403. FUNDING FOR DEPARTMENT OF COM- In addition to amounts otherwise made
MERCE INSPECTOR GENERAL. available, there is appropriated for fiscal
ered regulations; and
(ii) the Commission to adopt, and the Com- In addition to amounts otherwise avail- year 2021, out of any money in the Treasury
mission and the Universal Service Adminis- able, there is appropriated to the Office of not otherwise appropriated, $272,000,000, to
trative Company to administer, the covered the Inspector General of the Department of remain available until September 30, 2023,
regulations; and Commerce for fiscal year 2021, out of any pursuant to sections 308, 310, 7101 through
(B) $1,000,000, to remain available until money in the Treasury not otherwise appro- 7113, 7701, and 7703 of title 38, United States
September 30, 2030, for the Inspector General priated, $3,000,000, to remain available until Code.
of the Commission to conduct oversight of September 30, 2022, for oversight of activities SEC. 8002. FUNDING AVAILABILITY FOR MEDICAL
SSpencer on DSK126QN23PROD with SENATE
support provided under the covered regula- supported with funds appropriated to the De- CARE AND HEALTH NEEDS.
tions. partment of Commerce to prevent, prepare In addition to amounts otherwise made
(3) LIMITATION.—Not more than 2 percent for, and respond to COVID–19. available, there is appropriated for fiscal
of the amount made available under para- SEC. 7404. FEDERAL TRADE COMMISSION FUND- year 2021, out of any money in the Treasury
graph (2)(A) may be used for the purposes de- ING FOR COVID–19 RELATED WORK. not otherwise appropriated, $14,482,000,000, to
scribed in clause (ii) of such paragraph. (a) APPROPRIATION.—In addition to remain available until September 30, 2023, for
(4) RELATIONSHIP TO UNIVERSAL SERVICE amounts otherwise available, there is appro- allocation under chapters 17, 20, 73, and 81 of
CONTRIBUTIONS.—Support provided under the priated to the Federal Trade Commission for title 38, United States Code, of which not
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S1158 CONGRESSIONAL RECORD — SENATE March 4, 2021
more than $4,000,000,000 shall be available Act (Public Law 116–136), as of the first day pro-rated amount based on the number of
pursuant to section 1703 of title 38, United on which the veteran would receive a hous- months the veteran pursued the program of
States Code for health care furnished ing stipend payment under this section. education in accordance with this paragraph.
through the Veterans Community Care pro- (2) TREATMENT OF VETERANS WHO TRANSFER (B) PAYMENT OTHERWISE DUE UPON COMPLE-
gram in sections 1703(c)(1) and 1703(c)(5) of ENTITLEMENT.—For purposes of paragraph TION OF PROGRAM.—The Secretary shall pay
such title. (1)(C), a veteran who has transferred all of to the educational institution a pro-rated
SEC. 8003. FUNDING FOR SUPPLY CHAIN MOD- the veteran’s entitlement to educational as- amount under paragraph (1)(B) when the vet-
ERNIZATION. sistance under section 3319 of title 38, United eran provides notice to the educational insti-
In addition to amounts otherwise made States Code, shall be considered to be a vet- tution that the veteran no longer intends to
available, there is appropriated for fiscal eran who is not eligible to receive edu- pursue the program of education.
year 2021, out of any money in the Treasury cational assistance under chapter 33 of such (C) NONRECOVERY FROM VETERAN.—In the
not otherwise appropriated, $100,000,000, to title. case of a veteran referred to in subparagraph
remain available until September 30, 2022, for (3) FAILURE TO COMPLETE.—A veteran who (A), the educational institution may not
the supply chain modernization initiative receives retraining assistance under this sec- seek payment from the veteran for any
under sections 308, 310, and 7301(b) of title 38, tion to pursue a program of education and amount that would have been payable under
United States Code. who fails to complete the program of edu- paragraph (1)(B) had the veteran completed
SEC. 8004. FUNDING FOR STATE HOMES. cation shall not be eligible to receive addi- the program of education.
tional assistance under this section. (D) PAYMENT DUE UPON EMPLOYMENT.—
In addition to amounts otherwise made
(c) COVERED PROGRAMS OF EDUCATION.— (i) VETERANS WHO FIND EMPLOYMENT.—In
available, there are appropriated for fiscal (1) IN GENERAL.—For purposes of this sec- the case of a veteran referred to in subpara-
year 2021, out of any money in the Treasury tion, a covered program of education is a graph (A) who finds employment in a field
not otherwise appropriated— program of education (as such term is de- related to the program of education during
(1) $500,000,000, to remain available until fined in section 3452(b) of title 38, United the 180-day period beginning on the date on
expended, for allocation under sections 8131 States Code) for training, pursued on a full- which the veteran withdraws from the pro-
through 8137 of title 38, United States Code: time or part-time basis— gram of education, the Secretary shall pay
and (A) that— to the educational institution a pro-rated
(2) $250,000,000, to remain available until (i) is approved under chapter 36 of such amount under paragraph (1)(C) when the vet-
September 30, 2022, for a one-time only obli- title; eran finds such employment.
gation and expenditure to existing State ex- (ii) does not lead to a bachelors or grad- (ii) VETERANS WHO DO NOT FIND EMPLOY-
tended care facilities for veterans in propor- uate degree; and MENT.—In the case of a veteran referred to in
tion to each State’s share of the total resi- (iii) is designed to provide training for a subparagraph (A) who does not find employ-
dent capacity in such facilities as of the date high-demand occupation, as determined ment in a field related to the program of
of enactment of this Act where such capacity under paragraph (3); or education during the 180-day period begin-
includes only veterans on whose behalf the (B) that is a high technology program of ning on the date on which the veteran with-
Department pays a per diem payment pursu- education offered by a qualified provider, draws from the program of education—
ant to section 1741 or 1745 of title 38, United under the meaning given such terms in sec- (I) the Secretary shall not make a payment
States Code. tion 116 of the Harry W. Colmery Veterans to the educational institution under para-
SEC. 8005. FUNDING FOR THE DEPARTMENT OF Educational Assistance Act of 2017 (Public graph (1)(C); and
VETERANS AFFAIRS OFFICE OF IN- Law 115–48; 38 U.S.C. 3001 note). (II) the educational institution may not
SPECTOR GENERAL. (2) ACCREDITED PROGRAMS.—In the case of seek payment from the veteran for any
In addition to amounts otherwise made an accredited program of education, the pro- amount that would have been payable under
available, there is appropriated to the Office gram of education shall not be considered a paragraph (1)(C) had the veteran found em-
of Inspector General of the Department of covered program of education under this sec- ployment during such 180-day period.
Veterans Affairs for fiscal year 2021, out of tion if the program has received a show (3) HOUSING STIPEND.—For each month that
any money in the Treasury not otherwise ap- cause order from the accreditor of the pro- an eligible veteran pursues a covered pro-
propriated, $10,000,000, to remain available gram during the five-year period preceding gram of education under the retraining as-
until expended, for audits, investigations, the date of the enactment of this Act. sistance program under this section, the Sec-
and other oversight of projects and activities (3) DETERMINATION OF HIGH-DEMAND OCCUPA- retary shall pay to the veteran a monthly
carried out with funds made available to the TIONS.—In carrying out this section, the Sec- housing stipend in an amount equal to—
Department of Veterans Affairs. retary shall use the list of high-demand oc- (A) in the case of a covered program of edu-
SEC. 8006. COVID–19 VETERAN RAPID RETRAIN- cupations compiled by the Commissioner of cation leading to a degree, or a covered pro-
ING ASSISTANCE PROGRAM. Labor Statistics. gram of education not leading to a degree, at
(a) IN GENERAL.—The Secretary of Vet- (4) FULL-TIME DEFINED.—For purposes of an institution of higher learning (as that
erans Affairs shall carry out a program this subsection, the term ‘‘full-time’’ has the term is defined in section 3452(f) of title 38,
under which the Secretary shall provide up meaning given such term under section 3688 United States Code) pursued on more than a
to 12 months of retraining assistance to an of title 38, United States Code. half-time basis, the amount specified under
eligible veteran for the pursuit of a covered (d) AMOUNT OF ASSISTANCE.— subsection (c)(1)(B) of section 3313 of title 38,
program of education. Such retraining as- (1) RETRAINING ASSISTANCE.—The Secretary United States Code;
sistance shall be in addition to any other en- of Veterans Affairs shall provide to an eligi- (B) in the case of a covered program of edu-
titlement to educational assistance or bene- ble veteran pursuing a covered program of cation other than a program of education
fits for which a veteran is, or has been, eligi- education under the retraining assistance leading to a degree at an institution other
ble. program under this section an amount equal than an institution of higher learning pur-
(b) ELIGIBLE VETERANS.— to the amount of educational assistance pay- sued on more than a half-time basis, the
(1) IN GENERAL.—In this section, the term able under section 3313(c)(1)(A) of title 38, amount specified under subsection
‘‘eligible veteran’’ means a veteran who— United States Code, for each month the vet- (g)(3)(A)(ii) of such section; or
(A) as of the date of the receipt by the De- eran pursues the covered program of edu- (C) in the case of a covered program of edu-
partment of Veterans Affairs of an applica- cation. Such amount shall be payable di- cation pursued on less than a half-time basis,
tion for assistance under this section, is at rectly to the educational institution offering or a covered program of education pursued
least 22 years of age but not more than 66 the covered program of education pursued by solely through distance learning on more
years of age; the veteran as follows: than a half-time basis, the amount specified
(B) as of such date, is unemployed by rea- (A) 50 percent of the total amount payable under subsection (c)(1)(B)(iii) of such section.
son of the covered public health emergency, shall be paid when the eligible veteran be- (4) FAILURE TO FIND EMPLOYMENT.—The
as certified by the veteran; gins the program of education. Secretary shall not make a payment under
(C) as of such date, is not eligible to re- (B) 25 percent of the total amount payable paragraph (1)(C) with respect to an eligible
ceive educational assistance under chapter shall be paid when the eligible veteran com- veteran who completes or fails to complete a
30, 31, 32, 33, or 35 of title 38, United States pletes the program of education. program of education under the retraining
Code, or chapter 1606 of title 10, United (C) 25 percent of the total amount payable assistance program under this section if the
States Code; shall be paid when the eligible veteran finds veteran fails to find employment in a field
(D) is not enrolled in any Federal or State employment in a field related to the pro- related to the program of education within
jobs program; gram of education.
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the 180-period beginning on the date on
(E) is not in receipt of compensation for a (2) FAILURE TO COMPLETE.— which the veteran withdraws from or com-
service-connected disability rated totally (A) PRO-RATED PAYMENTS.—In the case of a pletes the program.
disabling by reason of unemployability; and veteran who pursues a covered program of (e) NO TRANSFERABILITY.—Retraining as-
(F) will not be in receipt of unemployment education under the retraining assistance sistance provided under this section may not
compensation (as defined in section 85(b) of program under this section, but who does not be transferred to another individual.
the Internal Revenue Code of 1986), including complete the program of education, the Sec- (f) LIMITATION.—Not more than 17,250 eligi-
any cash benefit received pursuant to sub- retary shall pay to the educational institu- ble veterans may receive retraining assist-
title A of title II of division A of the CARES tion offering such program of education a ance under this section.
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March 4, 2021 CONGRESSIONAL RECORD — SENATE S1159
(g) TERMINATION.—No retraining assistance able to care for such family member, if the to such individual during an appropriate pe-
may be paid under this section after the date place of care for such family member is riod of time, as determined by the Secretary
that is 21 months after the date of the enact- closed or the direct care provider is unavail- of Labor, that should have been made under
ment of this Act. able due to COVID–19; or such section 2107 shall not be considered to
(h) FUNDING.—In addition to amounts oth- (8) is obtaining immunization related to be an overpayment of assistance under such
erwise available there is appropriated to the COVID–19 or to recover from any injury, dis- section 2102, except that an individual may
Department of Veterans Affairs for fiscal ability, illness, or condition related to such not receive payment for assistance under
year 2021, out of any money in the Treasury immunization. section 2102 and a payment for assistance
not otherwise appropriated, $386,000,000, to (c) LIMITATIONS.— under section 2107 for the same week of un-
remain available until expended, to carry (1) PERIOD OF AVAILABILITY.—Paid leave employment.
out this section. under this section may only be provided to (d) EFFECTIVE DATE.—The amendments
SEC. 8007. PROHIBITION ON COPAYMENTS AND and used by a covered employee during the made by subsections (a) and (b) shall apply
COST SHARING FOR VETERANS DUR- period beginning on the date of enactment of as if included in the enactment of the
ING EMERGENCY RELATING TO this Act and ending on September 30, 2021. CARES Act (Public Law 116–136), except that
COVID–19. (2) TOTAL HOURS; AMOUNT.—Paid leave no amount shall be payable by virtue of such
(a) IN GENERAL.—The Secretary of Vet- under this section— amendments with respect to any week of un-
erans Affairs— (A) shall be provided to a covered employee employment ending on or before March 14,
(1) shall provide for any copayment or in an amount not to exceed 600 hours of paid 2021.
other cost sharing with respect to health leave for each full-time employee, and in the SEC. 9012. EXTENSION OF EMERGENCY UNEM-
care under the laws administered by the Sec- case of a part-time employee, employee on PLOYMENT RELIEF FOR GOVERN-
retary received by a veteran during the pe- an uncommon tour of duty, or employee with MENTAL ENTITIES AND NONPROFIT
riod specified in subsection (b); and a seasonal work schedule, in an amount not ORGANIZATIONS.
(2) shall reimburse any veteran who paid a to exceed the proportional equivalent of 600 (a) IN GENERAL.—Section 903(i)(1)(D) of the
copayment or other cost sharing for health hours to the extent amounts in the Fund re- Social Security Act (42 U.S.C. 1103(i)(1)(D)) is
care under the laws administered by the Sec- main available for reimbursement; amended by striking ‘‘March 14, 2021’’ and in-
retary received by a veteran during such pe- (B) shall be paid at the same hourly rate as serting ‘‘August 29, 2021’’.
riod the amount paid by the veteran. other leave payments; and (b) INCREASE IN REIMBURSEMENT RATE.—
(b) PERIOD SPECIFIED.—The period specified (C) may not be provided to a covered em- Section 903(i)(1)(B) of such Act (42 U.S.C.
in this subsection is the period beginning on ployee if the leave would result in payments 1103(i)(1)(B)) is amended—
April 6, 2020, and ending on September 30, greater than $2,800 in aggregate for any bi- (1) in the first sentence, by inserting ‘‘and
2021. weekly pay period for a full-time employee, except as otherwise provided in this subpara-
(c) FUNDING.—In addition to amounts oth- graph’’ after ‘‘as determined by the Sec-
or a proportionally equivalent biweekly
erwise available, there is appropriated to the retary of Labor’’; and
limit for a part-time employee.
Secretary of Veterans Affairs for fiscal year (2) by inserting after the first sentence the
(3) RELATIONSHIP TO OTHER LEAVE.—Paid
2021, out of any money in the Treasury not leave under this section— following: ‘‘With respect to the amounts of
otherwise appropriated, $1,000,000,000, to re- (A) is in addition to any other leave pro- such compensation paid for weeks of unem-
main available until expended, to carry out vided to a covered employee; and ployment beginning after March 31, 2021, and
this section, except for health care furnished (B) may not be used by a covered employee ending on or before August 29, 2021, the pre-
pursuant to section 1703(c)(2)-(c)(4) of title 38, concurrently with any other paid leave. ceding sentence shall be applied by sub-
United States Code. (4) CALCULATION OF RETIREMENT BENEFIT.— stituting ‘75 percent’ for ‘one-half’.’’.
SEC. 8008. EMERGENCY DEPARTMENT OF VET- SEC. 9013. EXTENSION OF FEDERAL PANDEMIC
Any paid leave provided to a covered em-
ERANS AFFAIRS EMPLOYEE LEAVE UNEMPLOYMENT COMPENSATION.
FUND. ployee under this section shall reduce the
total service used to calculate any Federal (a) IN GENERAL.—Section 2104(e)(2) of the
(a) ESTABLISHMENT; APPROPRIATION.—There CARES Act (15 U.S.C. 9023(e)(2)) is amended
is established in the Treasury the Emer- civilian retirement benefit.
(d) COVERED EMPLOYEE DEFINED.—In this by striking ‘‘March 14, 2021’’ and inserting
gency Department of Veterans Affairs Em- ‘‘August 29, 2021’’.
section, the term ‘‘covered employee’’ means
ployee Leave Fund (in this section referred (b) AMOUNT.—Section 2104(b)(3)(A) of such
an employee of the Department of Veterans
to as the ‘‘Fund’’), to be administered by the Act (15 U.S.C. 9023(b)(3)(A)) is amended by
Affairs appointed under chapter 74 of title 38,
Secretary of Veterans Affairs, for the pur- adding at the end the following:
United States Code.
poses set forth in subsection (b). In addition ‘‘(iii) For weeks of unemployment ending
to amounts otherwise available, there is ap- TITLE IX—COMMITTEE ON FINANCE
after March 14, 2021, and ending on or before
propriated for fiscal year 2021, out of any Subtitle A—Crisis Support for Unemployed
August 29, 2021, $400.’’.
money in the Treasury not otherwise appro- Workers
SEC. 9014. EXTENSION OF FULL FEDERAL FUND-
priated, $80,000,000, which shall be deposited PART 1—EXTENSION OF CARES ACT ING OF THE FIRST WEEK OF COM-
into the Fund and remain available through UNEMPLOYMENT PROVISIONS PENSABLE REGULAR UNEMPLOY-
September 20, 2022. SEC. 9011. EXTENSION OF PANDEMIC UNEMPLOY- MENT FOR STATES WITH NO WAIT-
(b) PURPOSE.—Amounts in the Fund shall MENT ASSISTANCE. ING WEEK.
be available for payment to the Department (a) IN GENERAL.—Section 2102(c) of the (a) IN GENERAL.—Section 2105(e)(2) of the
of Veterans Affairs for the use of paid leave CARES Act (15 U.S.C. 9021(c)) is amended— CARES Act (15 U.S.C. 9024(e)(2)) is amended
by any covered employee who is unable to (1) in paragraph (1)— by striking ‘‘March 14, 2021’’ and inserting
work because the employee— (A) by striking ‘‘paragraphs (2) and (3)’’ ‘‘August 29, 2021’’.
(1) is subject to a Federal, State, or local and inserting ‘‘paragraph (2)’’; and (b) FULL REIMBURSEMENT.—Paragraph (3)
quarantine or isolation order related to (B) in subparagraph (A)(ii), by striking of section 2105(c) of such Act (15 U.S.C.
COVID–19; ‘‘March 14, 2021’’ and inserting ‘‘August 29, 9024(c)) is repealed and such section shall be
(2) has been advised by a health care pro- 2021’’; and applied to weeks of unemployment to which
vider to self-quarantine due to concerns re- (2) by striking paragraph (3) and redesig- an agreement under section 2105 of such Act
lated to COVID–19; nating paragraph (4) as paragraph (3). applies as if such paragraph had not been en-
(3) is caring for an individual who is sub- (b) INCREASE IN NUMBER OF WEEKS.—Sec- acted. In implementing the preceding sen-
ject to such an order or has been so advised; tion 2102(c)(2) of such Act (15 U.S.C. tence, a State may, if necessary, reenter the
(4) is experiencing symptoms of COVID–19 9021(c)(2)) is amended— agreement with the Secretary under section
and seeking a medical diagnosis; (1) by striking ‘‘50 weeks’’ and inserting 2105 of such Act, and retroactively pay for
(5) is caring for a son or daughter of such ‘‘74 weeks’’; and the first week of regular compensation with-
employee if the school or place of care of the (2) by striking ‘‘50-week period’’ and insert- out a waiting week consistent with State
son or daughter has been closed, if the school ing ‘‘74-week period’’. law (including a waiver of State law) and re-
of such son or daughter requires or makes (c) HOLD HARMLESS FOR PROPER ADMINIS- ceive full reimbursement for weeks of unem-
optional a virtual learning instruction model TRATION.—In the case of an individual who is ployment that ended after December 31, 2020.
or requires or makes optional a hybrid of in- eligible to receive pandemic unemployment SEC. 9015. EXTENSION OF EMERGENCY STATE
person and virtual learning instruction mod- assistance under section 2102 of the CARES STAFFING FLEXIBILITY.
els, or the child care provider of such son or Act (15 U.S.C. 9021) as of the day before the If a State modifies its unemployment com-
daughter is unavailable, due to COVID–19 date of enactment of this Act and on the pensation law and policies, subject to the
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precautions; date of enactment of this Act becomes eligi- succeeding sentence, with respect to per-
(6) is experiencing any other substantially ble for pandemic emergency unemployment sonnel standards on a merit basis on an
similar condition; compensation under section 2107 of the emergency temporary basis as needed to re-
(7) is caring for a family member with a CARES Act (15 U.S.C. 9025) by reason of the spond to the spread of COVID–19, such modi-
mental or physical disability or who is 55 amendments made by section 9016(b) of this fications shall be disregarded for the pur-
years of age or older and incapable of self- title, any payment of pandemic unemploy- poses of applying section 303 of the Social
care, without regard to whether another in- ment assistance under such section 2102 Security Act and section 3304 of the Internal
dividual other than the employee is avail- made after the date of enactment of this Act Revenue Code of 1986 to such State law. Such
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S1160 CONGRESSIONAL RECORD — SENATE March 4, 2021
modifications shall only apply through Au- ment and Training Administration of the De- executed under section 511 under which the
gust 29, 2021, and shall be limited to engaging partment of Labor for fiscal year 2021, out of program is conducted as are necessary to
of temporary staff, rehiring of retirees or any money in the Treasury not otherwise ap- provide that, during the period that begins
former employees on a non-competitive propriated, $8,000,000, to remain available with the date of the enactment of this sec-
basis, and other temporary actions to quick- until expended, for necessary expenses to tion and ends with the end of the 2nd suc-
ly process applications and claims. carry out Federal activities relating to the ceeding fiscal year after the funds are award-
SEC. 9016.
EXTENSION OF PANDEMIC EMER- administration of unemployment compensa- ed, the entity shall—
GENCY UNEMPLOYMENT COM- tion programs. ‘‘(A) not reduce funding for, or staffing lev-
PENSATION. SEC. 9032. FUNDING FOR FRAUD PREVENTION, els of, the program on account of reduced en-
(a) IN GENERAL.—Section 2107(g) of the EQUITABLE ACCESS, AND TIMELY rollment in the program; and
CARES Act (15 U.S.C. 9025(g)) is amended to PAYMENT TO ELIGIBLE WORKERS. ‘‘(B) when using funds to provide emer-
read as follows: Subtitle A of title II of division A of the gency supplies to eligible families receiving
‘‘(g) APPLICABILITY.—An agreement en- CARES Act (Public Law 116–136) is amended grant services under section 511, ensure co-
tered into under this section shall apply to by adding at the end the following: ordination with local diaper banks to the ex-
weeks of unemployment— ‘‘SEC. 2118. FUNDING FOR FRAUD PREVENTION, tent practicable; and
‘‘(1) beginning after the date on which such EQUITABLE ACCESS, AND TIMELY ‘‘(3) reaffirm that, in conducting the pro-
agreement is entered into; and PAYMENT TO ELIGIBLE WORKERS.
gram, the entity will focus on priority popu-
‘‘(2) ending on or before August 29, 2021.’’. ‘‘(a) IN GENERAL.—In addition to amounts lations (as defined in section 511(d)(4)).
(b) INCREASE IN NUMBER OF WEEKS.—Sec- otherwise available, there is appropriated to ‘‘(c) USES OF FUNDS.—An entity to which
tion 2107(b)(2) of such Act (15 U.S.C. the Secretary of Labor for fiscal year 2021, funds are provided under this section shall
9025(b)(2)) is amended by striking ‘‘24’’ and out of any money in the Treasury not other- use the funds—
inserting ‘‘48’’. wise appropriated, $2,000,000,000, to remain ‘‘(1) to serve families with home visits or
(c) COORDINATION OF PANDEMIC EMERGENCY available until expended, to detect and pre- with virtual visits, that may be conducted
UNEMPLOYMENT COMPENSATION WITH EX- vent fraud, promote equitable access, and en- by the use of electronic information and
TENDED COMPENSATION.—Section 2107(a)(5)(B) sure the timely payment of benefits with re- telecommunications technologies, in a serv-
of such Act (15 U.S.C. 9025(a)(5)(B)) is amend- spect to unemployment compensation pro- ice delivery model described in section
ed by inserting ‘‘or for the week that in- grams, including programs extended under 511(d)(3)(A);
cludes the date of enactment of the Amer- subtitle A of title IX of the American Rescue ‘‘(2) to pay hazard pay or other additional
ican Rescue Plan Act of 2021 (without regard Plan Act of 2021. staff costs associated with providing home
to the amendments made by subsections (a) ‘‘(b) USE OF FUNDS.—Amounts made avail- visits or administration for programs funded
and (b) of section 9016 of such Act)’’ after able under subsection (a) may be used— under section 511;
‘‘2020)’’. ‘‘(1) for Federal administrative costs re- ‘‘(3) to train home visitors employed by the
(d) SPECIAL RULE FOR EXTENDED COMPENSA- lated to the purposes described in subsection entity in conducting a virtual home visit and
TION.—Section 2107(a)(8) of such Act (15 (a); in emergency preparedness and response
U.S.C. 9025(a)(8)) is amended by striking ‘‘(2) for systemwide infrastructure invest- planning for families served, and may in-
‘‘April 12, 2021’’ and inserting ‘‘August 29, ment and development related to such pur- clude training on how to safely conduct inti-
2021’’. poses; and mate partner violence screenings, and train-
(e) EFFECTIVE DATE.—The amendments ‘‘(3) to make grants to States or territories ing on safety and planning for families
made by this section shall apply as if in- administering unemployment compensation served to support the family outcome im-
cluded in the enactment of the CARES Act programs described in subsection (a) (includ- provements listed in section 511(d)(2)(B);
(Public Law 116–136), except that no amount ing territories administering the Pandemic ‘‘(4) for the acquisition by families served
shall be payable by virtue of such amend- Unemployment Assistance program under by programs under section 511 of such tech-
ments with respect to any week of unem- section 2102) for such purposes, including the nological means as are needed to conduct
ployment ending on or before March 14, 2021. establishment of procedures or the building and support a virtual home visit;
SEC. 9017. EXTENSION OF TEMPORARY FINANC- of infrastructure to verify or validate iden- ‘‘(5) to provide emergency supplies (such as
ING OF SHORT-TIME COMPENSATION tity, implement Federal guidance regarding diapers and diapering supplies including dia-
PAYMENTS IN STATES WITH PRO- fraud detection and prevention, and accel- per wipes and diaper cream, necessary to en-
GRAMS IN LAW. erate claims processing or process claims sure that a child using a diaper is properly
Section 2108(b)(2) of the CARES Act (15 backlogs due to the pandemic. cleaned and protected from diaper rash, for-
U.S.C. 9026(b)(2)) is amended by striking ‘‘(c) RESTRICTIONS ON GRANTS TO STATES
mula, food, water, hand soap and hand sani-
‘‘March 14, 2021’’ and inserting ‘‘August 29, AND TERRITORIES.—As a condition of receiv-
tizer) to an eligible family (as defined in sec-
2021’’. ing a grant under subsection (b)(3), the Sec-
tion 511(k)(2));
SEC. 9018. EXTENSION OF TEMPORARY FINANC- retary may require that a State or territory
‘‘(6) to coordinate with and provide reim-
ING OF SHORT-TIME COMPENSATION receiving such a grant shall—
bursement for supplies to diaper banks when
AGREEMENTS FOR STATES WITHOUT ‘‘(1) use such program integrity tools as
PROGRAMS IN LAW. using such entities to provide emergency
the Secretary may specify; and
Section 2109(d)(2) of the CARES Act (15 supplies specified in paragraph (5); or
‘‘(2) as directed by the Secretary, conduct
U.S.C. 9027(d)(2)) is amended by striking ‘‘(7) to provide prepaid grocery cards to an
user accessibility testing on any new system
‘‘March 14, 2021’’ and inserting ‘‘August 29, eligible family (as defined in section
developed by the Secretary pursuant to sub-
2021’’. 511(k)(2)) participating in the maternal, in-
section (b)(2).’’.
fant, and early childhood home visiting pro-
PART 2—EXTENSION OF FFCRA Subtitle B—Emergency Assistance to gram under section 511 for the purpose of en-
UNEMPLOYMENT PROVISIONS Families Through Home Visiting Programs abling the family to meet the emergency
SEC. 9021. EXTENSION OF TEMPORARY ASSIST- SEC. 9101. EMERGENCY ASSISTANCE TO FAMI- needs of the family.’’.
ANCE FOR STATES WITH ADVANCES. LIES THROUGH HOME VISITING
PROGRAMS. Subtitle C—Emergency Assistance to
Section 1202(b)(10)(A) of the Social Secu- Children and Families
rity Act (42 U.S.C. 1322(b)(10)(A)) is amended Title V of the Social Security Act (42
U.S.C. 701-713) is amended by inserting after SEC. 9201. PANDEMIC EMERGENCY ASSISTANCE.
by striking ‘‘March 14, 2021’’ and inserting
section 511 the following: Section 403 of the Social Security Act (42
‘‘August 29, 2021’’.
‘‘SEC. 511A. EMERGENCY ASSISTANCE TO FAMI- U.S.C. 603) is amended by adding at the end
SEC. 9022. EXTENSION OF FULL FEDERAL FUND-
ING OF EXTENDED UNEMPLOYMENT LIES THROUGH HOME VISITING the following:
COMPENSATION. PROGRAMS. ‘‘(c) PANDEMIC EMERGENCY ASSISTANCE.—
‘‘(a) SUPPLEMENTAL APPROPRIATION.—In ad- ‘‘(1) APPROPRIATION.—In addition to
(a) IN GENERAL.—Section 4105 of the Fami-
dition to amounts otherwise appropriated, amounts otherwise available, there is appro-
lies First Coronavirus Response Act (26
out of any money in the Treasury of the priated for fiscal year 2021, out of any money
U.S.C. 3304 note) is amended by striking
United States not otherwise appropriated, in the Treasury of the United States not oth-
‘‘March 14, 2021’’ each place it appears and
there are appropriated to the Secretary erwise appropriated, $1,000,000,000, to remain
inserting ‘‘August 29, 2021’’.
$150,000,000, to remain available through Sep- available until expended, to carry out this
(b) EFFECTIVE DATE.—The amendment
tember 30, 2022, to enable eligible entities to subsection.
made by subsection (a) shall apply as if in-
conduct programs in accordance with section ‘‘(2) RESERVATION OF FUNDS FOR TECHNICAL
cluded in the enactment of the Families
511 and subsection (c) of this section. ASSISTANCE.—Of the amount specified in
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First Coronavirus Response Act (Public Law
‘‘(b) ELIGIBILITY FOR FUNDS.—To be eligible paragraph (1), the Secretary shall reserve
116–127).
to receive funds made available by sub- $2,000,000 for administrative expenses and the
PART 3—DEPARTMENT OF LABOR FUND- section (a) of this section, an entity shall— provision of technical assistance to States
ING FOR TIMELY, ACCURATE, AND EQUI- ‘‘(1) as of the date of the enactment of this and Indian tribes with respect to the use of
TABLE PAYMENT section, be conducting a program under sec- funds provided under this subsection.
SEC. 9031. FUNDING FOR ADMINISTRATION. tion 511; ‘‘(3) ALLOTMENTS.—
In addition to amounts otherwise avail- ‘‘(2) ensure the modification of grants, con- ‘‘(A) 50 STATES AND THE DISTRICT OF COLUM-
able, there is appropriated to the Employ- tracts, and other agreements, as applicable, BIA.—
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March 4, 2021 CONGRESSIONAL RECORD — SENATE S1161
‘‘(i) TOTAL AMOUNT TO BE ALLOTTED.—The provided under this subsection shall not ex- retary, out of any monies in the Treasury
Secretary shall allot a total of 92.5 percent of pend more than 15 percent of the funds for not otherwise obligated, $200,000,000, to re-
the amount specified in paragraph (1) that is administrative purposes. main available until expended, for purposes
not reserved under paragraph (2) among the ‘‘(C) NONSUPPLANTATION.—Funds provided of requiring multiple organizations described
States that are not a territory and that are under this subsection shall be used to supple- in paragraph (1) to provide to skilled nursing
operating a program funded under this part, ment and not supplant other Federal, State, facilities (as defined in section 1819(a)), infec-
in accordance with clause (ii) of this sub- or tribal funds for services and activities tion control and vaccination uptake support
paragraph. that promote the purposes of this part. relating to the prevention or mitigation of
‘‘(ii) ALLOTMENT FORMULA.—The Secretary ‘‘(D) EXPENDITURE DEADLINE.— COVID-19, as determined appropriate by the
shall allot to each such State the sum of the ‘‘(i) IN GENERAL.—Except as provided in Secretary.’’.
following percentages of the total amount clause (ii), a State or Indian tribe to which SEC. 9402. FUNDING FOR STRIKE TEAMS FOR
described in clause (i): funds are provided under this subsection RESIDENT AND EMPLOYEE SAFETY
‘‘(I) 50 percent, multiplied by— shall expend the funds not later than the end IN SKILLED NURSING FACILITIES.
‘‘(aa) the population of children in the of fiscal year 2022. Section 1819 of the Social Security Act (42
State, determined on the basis of the most ‘‘(ii) EXCEPTION FOR REALLOTTED FUNDS.—A U.S.C. 1395i–3) is amended by adding at the
recent population estimates as determined State or Indian tribe to which funds are pro- end the following new subsection:
by the Bureau of the Census; divided by vided under paragraph (4)(B) shall expend the ‘‘(k) FUNDING FOR STRIKE TEAMS.—In addi-
‘‘(bb) the total population of children in funds within 12 months after receipt. tion to amounts otherwise available, there is
the States that are not territories, as so de- ‘‘(7) SUSPENSION OF TERRITORY SPENDING appropriated to the Secretary, out of any
termined; plus CAP.—Section 1108 shall not apply with re- monies in the Treasury not otherwise appro-
‘‘(II) 50 percent, multiplied by— spect to any funds provided under this sub- priated, $250,000,000, to remain available
‘‘(aa) the total amount expended by the section. until expended, for purposes of allocating
State for basic assistance, non-recurrent ‘‘(8) DEFINITIONS.—In this subsection: such amount among the States (including
short term benefits, and emergency assist- ‘‘(A) APPLICABLE PERIOD.—The term ‘appli- the District of Columbia and each territory
ance in fiscal year 2019, as reported by the cable period’ means the period that begins of the United States) for such a State to es-
State under section 411; divided by with April 1, 2021, and ends with September tablish and implement a strike team that
‘‘(bb) the total amount expended by the 30, 2022. will be deployed to a skilled nursing facility
States that are not territories for basic as- ‘‘(B) NON-RECURRENT SHORT TERM BENE- in the State with diagnosed or suspected
sistance, non-recurrent short term benefits, FITS.—The term ‘non-recurrent short term cases of COVID–19 among residents or staff
and emergency assistance in fiscal year 2019, benefits’ has the meaning given the term in for the purposes of assisting with clinical
as so reported by the States. OMB approved Form ACF-196R, published on care, infection control, or staffing during the
‘‘(B) TERRITORIES AND INDIAN TRIBES.—The July 31, 2014. emergency period described in section
Secretary shall allot among the territories ‘‘(C) STATE.—The term ‘State’ means the 50 1135(g)(1)(B) and the 1-year period imme-
and Indian tribes otherwise eligible for a States of the United States, the District of diately following the end of such emergency
grant under this part such portions of 7.5 Columbia, and the territories. period.’’.
percent of the amount specified in paragraph
‘‘(D) TERRITORY.—The term ‘territory’ Subtitle F—Preserving Health Benefits for
(1) that are not reserved under paragraph (2)
means the Commonwealth of Puerto Rico, Workers
as the Secretary deems appropriate based on
the United States Virgin Islands, Guam, SEC. 9501. PRESERVING HEALTH BENEFITS FOR
the needs of the territory or Indian tribe in-
American Samoa, and the Commonwealth of WORKERS.
volved.
the Northern Mariana Islands.’’. (a) PREMIUM ASSISTANCE FOR COBRA CON-
‘‘(C) EXPENDITURE COMMITMENT REQUIRE-
MENT.—To receive the full amount of funding Subtitle D—Elder Justice and Support TINUATION COVERAGE FOR INDIVIDUALS AND
payable under this subsection, a State or In- Guarantee THEIR FAMILIES.—
dian tribe shall inform the Secretary as to SEC. 9301. ADDITIONAL FUNDING FOR AGING (1) PROVISION OF PREMIUM ASSISTANCE.—
whether it intends to use all of its allotment AND DISABILITY SERVICES PRO- (A) REDUCTION OF PREMIUMS PAYABLE.—In
GRAMS. the case of any premium for a period of cov-
under this paragraph and provide that infor-
mation— Subtitle A of title XX of the Social Secu- erage during the period beginning on the
‘‘(i) in the case of a State that is not a ter- rity Act (42 U.S.C. 1397-1397h) is amended by first day of the first month beginning after
ritory, within 45 days after the date of the adding at the end the following: the date of the enactment of this Act, and
enactment of this subsection; or ‘‘SEC. 2010. ADDITIONAL FUNDING FOR AGING ending on September 30, 2021, for COBRA
AND DISABILITY SERVICES PRO- continuation coverage with respect to any
‘‘(ii) in the case of a territory or an Indian GRAMS.
tribe, within 90 days after such date of enact- assistance eligible individual described in
‘‘(a) APPROPRIATION.—In addition to paragraph (3), such individual shall be treat-
ment.
amounts otherwise available, there is appro-
‘‘(4) GRANTS.— ed for purposes of any COBRA continuation
priated for fiscal year 2021, out of any money
‘‘(A) IN GENERAL.—The Secretary shall pro- provision as having paid in full the amount
in the Treasury not otherwise appropriated,
vide funds to each State and Indian tribe to of such premium.
$276,000,000, to remain available until ex-
which an amount is allotted under paragraph (B) PLAN ENROLLMENT OPTION.—
pended, to carry out the programs described
(3), from the amount so allotted. in subtitle B. (i) IN GENERAL.—Solely for purposes of this
‘‘(B) TREATMENT OF UNUSED FUNDS.— ‘‘(b) USE OF FUNDS.—Of the amounts made subsection, the COBRA continuation provi-
‘‘(i) REALLOTMENT.—The Secretary shall available by subsection (a)— sions shall be applied such that any assist-
reallot in accordance with paragraph (3) all ‘‘(1) $88,000,000 shall be made available to ance eligible individual who is enrolled in a
funds provided to any State or Indian tribe carry out the programs described in subtitle group health plan offered by a plan sponsor
under this subsection that are unused, B in fiscal year 2021, of which not less than may, not later than 90 days after the date of
among the other States and Indian tribes eli- an amount equal to $100,0000,000 minus the notice of the plan enrollment option de-
gible for funds under this subsection. For amount previously provided in fiscal year scribed in this subparagraph, elect to enroll
purposes of paragraph (3), the Secretary 2021 to carry out section 2042(b) shall be in coverage under a plan offered by such plan
shall treat the funds as if included in the made available to carry out such section; sponsor that is different than coverage under
amount specified in paragraph (1). and the plan in which such individual was en-
‘‘(ii) PROVISION.—The Secretary shall pro- ‘‘(2) $188,000,000 shall be made available to rolled at the time, in the case of any assist-
vide funds to each such other State or Indian carry out the programs described in subtitle ance eligible individual described in para-
tribe in an amount equal to the amount so B in fiscal year 2022, of which not less than graph (3), the qualifying event specified in
reallotted. $100,000,000 shall be for activities described in section 603(2) of the Employee Retirement
‘‘(5) RECIPIENT OF FUNDS PROVIDED FOR TER- section 2042(b).’’. Income Security Act of 1974, section
RITORIES.—In the case of a territory not op- 4980B(f)(3)(B) of the Internal Revenue Code of
Subtitle E—Support to Skilled Nursing
erating a program funded under this part, 1986, or section 2203(2) of the Public Health
Facilities in Response to COVID–19
the Secretary shall provide the funds re- Service Act, except for the voluntary termi-
SEC. 9401. PROVIDING FOR INFECTION CONTROL
quired to be provided to the territory under nation of such individual’s employment by
SUPPORT TO SKILLED NURSING FA-
this subsection, to the agency that admin- CILITIES THROUGH CONTRACTS such individual, occurred, and such coverage
isters the bulk of local human services pro- WITH QUALITY IMPROVEMENT OR- shall be treated as COBRA continuation cov-
grams in the territory. erage for purposes of the applicable COBRA
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GANIZATIONS.
‘‘(6) USE OF FUNDS.— Section 1862(g) of the Social Security Act continuation coverage provision.
‘‘(A) IN GENERAL.—A State or Indian tribe (42 U.S.C. 1395y(g)) is amended— (ii) REQUIREMENTS.—Any assistance eligi-
to which funds are provided under this sub- (1) by striking ‘‘The Secretary’’ and insert- ble individual may elect to enroll in dif-
section may use the funds only for non-re- ing ‘‘(1) The Secretary’’; and ferent coverage as described in clause (i)
current short term benefits, whether in the (2) by adding at the end the following new only if—
form of cash or in other forms. paragraph: (I) the employer involved has made a de-
‘‘(B) LIMITATION ON USE FOR ADMINISTRA- ‘‘(2) In addition to any funds otherwise termination that such employer will permit
TIVE EXPENSES.—A State to which funds are available, there are appropriated to the Sec- such assistance eligible individual to enroll
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S1162 CONGRESSIONAL RECORD — SENATE March 4, 2021
in different coverage as provided under this (4) EXTENSION OF ELECTION PERIOD AND EF- forms or by inclusion of a separate document
subparagraph; FECT ON COVERAGE.— with the notice otherwise required.
(II) the premium for such different cov- (A) IN GENERAL.—For purposes of applying (B) SPECIFIC REQUIREMENTS.—Each addi-
erage does not exceed the premium for cov- section 605(a) of the Employee Retirement tional notification under subparagraph (A)
erage in which such individual was enrolled Income Security Act of 1974, section shall include—
at the time such qualifying event occurred; 4980B(f)(5)(A) of the Internal Revenue Code of (i) the forms necessary for establishing eli-
(III) the different coverage in which the in- 1986, and section 2205(a) of the Public Health gibility for premium assistance under this
dividual elects to enroll is coverage that is Service Act, in the case of— subsection;
also offered to similarly situated active em- (i) an individual who does not have an elec- (ii) the name, address, and telephone num-
ployees of the employer at the time at which tion of COBRA continuation coverage in ef- ber necessary to contact the plan adminis-
such election is made; and fect on the first day of the first month begin- trator and any other person maintaining rel-
(IV) the different coverage in which the in- ning after the date of the enactment of this evant information in connection with such
dividual elects to enroll is not— Act but who would be an assistance eligible premium assistance;
(aa) coverage that provides only excepted individual described in paragraph (3) if such (iii) a description of the extended election
benefits as defined in section 9832(c) of the election were so in effect; or period provided for in paragraph (4)(A);
Internal Revenue Code of 1986, section 733(c) (ii) an individual who elected COBRA con- (iv) a description of the obligation of the
of the Employee Retirement Income Secu- tinuation coverage and discontinued from qualified beneficiary under paragraph (2)(B)
rity Act of 1974, and section 2791(c) of the such coverage before the first day of the first and the penalty provided under section 6720C
of the Internal Revenue Code of 1986 for fail-
Public Health Service Act; month beginning after the date of the enact-
ure to carry out the obligation;
(bb) a qualified small employer health re- ment of this Act,
(v) a description, displayed in a prominent
imbursement arrangement (as defined in sec- such individual may elect the COBRA con-
manner, of the qualified beneficiary’s right
tion 9831(d)(2) of the Internal Revenue Code tinuation coverage under the COBRA con-
to a subsidized premium and any conditions
of 1986); or tinuation coverage provisions containing
on entitlement to the subsidized premium;
(cc) a flexible spending arrangement (as de- such provisions during the period beginning
and
fined in section 106(c)(2) of the Internal Rev- on the first day of the first month beginning
(vi) a description of the option of the quali-
enue Code of 1986). after the date of the enactment of this Act fied beneficiary to enroll in different cov-
(2) LIMITATION OF PERIOD OF PREMIUM AS- and ending 60 days after the date on which erage if the employer permits such bene-
SISTANCE.— the notification required under paragraph ficiary to elect to enroll in such different
(A) ELIGIBILITY FOR ADDITIONAL COV- (5)(C) is provided to such individual. coverage under paragraph (1)(B).
ERAGE.—Paragraph (1)(A) shall not apply (B) COMMENCEMENT OF COBRA CONTINUATION (C) NOTICE IN CONNECTION WITH EXTENDED
with respect to any assistance eligible indi- COVERAGE.—Any COBRA continuation cov-
ELECTION PERIODS.—In the case of any assist-
vidual described in paragraph (3) for months erage elected by a qualified beneficiary dur- ance eligible individual described in para-
of coverage beginning on or after the earlier ing an extended election period under sub- graph (3) (or any individual described in
of— paragraph (A)— paragraph (4)(A)) who became entitled to
(i) the first date that such individual is eli- (i) shall commence (including for purposes elect COBRA continuation coverage before
gible for coverage under any other group of applying the treatment of premium pay- the first day of the first month beginning
health plan (other than coverage consisting ments under paragraph (1)(A) and any cost- after the date of the enactment of this Act,
of only excepted benefits (as defined in sec- sharing requirements for items and services the administrator of the applicable group
tion 9832(c) of the Internal Revenue Code of under a group health plan) with the first pe- health plan (or other entity) shall provide
1986, section 733(c) of the Employee Retire- riod of coverage beginning on or after the (within 60 days after such first day of such
ment Income Security Act of 1974, and sec- first day of the first month beginning after first month) for the additional notification
tion 2791(c) of the Public Health Service the date of the enactment of this Act, and required to be provided under subparagraph
Act), coverage under a flexible spending ar- (ii) shall not extend beyond the period of (A) and failure to provide such notice shall
rangement (as defined in section 106(c)(2) of COBRA continuation coverage that would be treated as a failure to meet the notice re-
the Internal Revenue Code of 1986), coverage have been required under the applicable quirements under the applicable COBRA con-
under a qualified small employer health re- COBRA continuation coverage provision if tinuation provision.
imbursement arrangement (as defined in sec- the coverage had been elected as required (D) MODEL NOTICES.—Not later than 30 days
tion 9831(d)(2) of the Internal Revenue Code under such provision or had not been discon- after the date of enactment of this Act, with
of 1986)), or eligible for benefits under the tinued. respect to any assistance eligible individual
Medicare program under title XVIII of the (5) NOTICES TO INDIVIDUALS.— described in paragraph (3), the Secretary of
Social Security Act; or (A) GENERAL NOTICE.— Labor, in consultation with the Secretary of
(ii) the earlier of— (i) IN GENERAL.—In the case of notices pro- the Treasury and the Secretary of Health
(I) the date following the expiration of the vided under section 606(a)(4) of the Employee and Human Services, shall prescribe models
maximum period of continuation coverage Retirement Income Security Act of 1974 (29 for the additional notification required
required under the applicable COBRA con- U.S.C. 1166(4)), section 4980B(f)(6)(D) of the under this paragraph.
tinuation coverage provision; or Internal Revenue Code of 1986, or section (6) NOTICE OF EXPIRATION OF PERIOD OF PRE-
(II) the date following the expiration of the 2206(4) of the Public Health Service Act (42 MIUM ASSISTANCE.—
period of continuation coverage allowed U.S.C. 300bb–6(4)), with respect to individuals (A) IN GENERAL.—With respect to any as-
under paragraph (4)(B)(ii). who, during the period described in para- sistance eligible individual, subject to sub-
(B) NOTIFICATION REQUIREMENT.—Any as- graph (3), become entitled to elect COBRA paragraph (B), the requirements of section
sistance eligible individual shall notify the continuation coverage, the requirements of 606(a)(4) of the Employee Retirement Income
group health plan with respect to which such provisions shall not be treated as met Security Act of 1974 (29 U.S.C. 1166(4)), sec-
paragraph (1)(A) applies if such paragraph unless such notices include an additional tion 4980B(f)(6)(D) of the Internal Revenue
ceases to apply by reason of clause (i) of sub- written notification to the recipient in clear Code of 1986, or section 2206(4) of the Public
paragraph (A) (as applicable). Such notice and understandable language of— Health Service Act (42 U.S.C. 300bb–6(4)),
shall be provided to the group health plan in (I) the availability of premium assistance shall not be treated as met unless the plan
such time and manner as may be specified by with respect to such coverage under this sub- administrator of the individual, during the
the Secretary of Labor. section; and period specified under subparagraph (C), pro-
(3) ASSISTANCE ELIGIBLE INDIVIDUAL.—For (II) the option to enroll in different cov- vides to such individual a written notice in
purposes of this section, the term ‘‘assist- erage if the employer permits assistance eli- clear and understandable language—
ance eligible individual’’ means, with respect gible individuals described in paragraph (3) (i) that the premium assistance for such
to a period of coverage during the period be- to elect enrollment in different coverage (as individual will expire soon and the promi-
ginning on the first day of the first month described in paragraph (1)(B)). nent identification of the date of such expi-
beginning after the date of the enactment of (ii) ALTERNATIVE NOTICE.—In the case of ration; and
this Act, and ending on September 30, 2021, COBRA continuation coverage to which the (ii) that such individual may be eligible for
any individual that is a qualified beneficiary notice provision under such sections does not coverage without any premium assistance
who— apply, the Secretary of Labor, in consulta- through—
(A) is eligible for COBRA continuation cov- tion with the Secretary of the Treasury and (I) COBRA continuation coverage; or
erage by reason of a qualifying event speci- the Secretary of Health and Human Services, (II) coverage under a group health plan.
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fied in section 603(2) of the Employee Retire- shall, in consultation with administrators of (B) EXCEPTION.—The requirement for the
ment Income Security Act of 1974, section the group health plans (or other entities) group health plan administrator to provide
4980B(f)(3)(B) of the Internal Revenue Code of that provide or administer the COBRA con- the written notice under subparagraph (A)
1986, or section 2203(2) of the Public Health tinuation coverage involved, provide rules shall be waived if the premium assistance for
Service Act, except for the voluntary termi- requiring the provision of such notice. such individual expires pursuant to clause (i)
nation of such individual’s employment by (iii) FORM.—The requirement of the addi- of paragraph (2)(A).
such individual; and tional notification under this subparagraph (C) PERIOD SPECIFIED.—For purposes of sub-
(B) elects such coverage. may be met by amendment of existing notice paragraph (A), the period specified in this
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March 4, 2021 CONGRESSIONAL RECORD — SENATE S1163
subparagraph is, with respect to the date of (D) COVERED EMPLOYEE.—The term ‘‘cov- ‘‘(1) CREDIT LIMITED TO CERTAIN EMPLOY-
expiration of premium assistance for any as- ered employee’’ has the meaning given such MENT TAXES.—The credit allowed by sub-
sistance eligible individual pursuant to a term in section 607(2) of the Employee Re- section (a) with respect to any calendar
limitation requiring a notice under this tirement Income Security Act of 1974. quarter shall not exceed the tax imposed by
paragraph, the period beginning on the day (E) QUALIFIED BENEFICIARY.—The term section 3111(b), or so much of the taxes im-
that is 45 days before the date of such expira- ‘‘qualified beneficiary’’ has the meaning posed under section 3221(a) as are attrib-
tion and ending on the day that is 15 days be- given such term in section 607(3) of the Em- utable to the rate in effect under section
fore the date of such expiration. ployee Retirement Income Security Act of 3111(b), for such calendar quarter (reduced by
(D) MODEL NOTICES.—Not later than 45 days 1974. any credits allowed against such taxes under
after the date of enactment of this Act, with (F) GROUP HEALTH PLAN.—The term ‘‘group sections 3131, 3132, and 3134) on the wages
respect to any assistance eligible individual, health plan’’ has the meaning given such paid with respect to the employment of all
the Secretary of Labor, in consultation with term in section 607(1) of the Employee Re- employees of the employer.
the Secretary of the Treasury and the Sec- tirement Income Security Act of 1974. ‘‘(2) REFUNDABILITY OF EXCESS CREDIT.—
retary of Health and Human Services, shall (G) STATE.—The term ‘‘State’’ includes the ‘‘(A) CREDIT IS REFUNDABLE.—If the amount
prescribe models for the notification re- District of Columbia, the Commonwealth of of the credit under subsection (a) exceeds the
quired under this paragraph. Puerto Rico, the Virgin Islands, Guam, limitation of paragraph (1) for any calendar
(7) REGULATIONS.—The Secretary of the American Samoa, and the Commonwealth of quarter, such excess shall be treated as an
Treasury and the Secretary of Labor may the Northern Mariana Islands. overpayment that shall be refunded under
jointly prescribe such regulations or other (H) PERIOD OF COVERAGE.—Any reference in sections 6402(a) and 6413(b).
guidance as may be necessary or appropriate this subsection to a period of coverage shall ‘‘(B) CREDIT MAY BE ADVANCED.—In antici-
to carry out the provisions of this sub- be treated as a reference to a monthly or pation of the credit, including the refundable
section, including the prevention of fraud shorter period of coverage with respect to portion under subparagraph (A), the credit
and abuse under this subsection, except that which premiums are charged with respect to may be advanced, according to forms and in-
the Secretary of Labor and the Secretary of such coverage. structions provided by the Secretary, up to
Health and Human Services may prescribe (I) PLAN SPONSOR.—The term ‘‘plan spon- an amount calculated under subsection (a)
such regulations (including interim final sor’’ has the meaning given such term in sec- through the end of the most recent payroll
regulations) or other guidance as may be tion 3(16)(B) of the Employee Retirement In- period in the quarter.
necessary or appropriate to carry out the come Security Act of 1974. ‘‘(C) TREATMENT OF DEPOSITS.—The Sec-
provisions of paragraphs (5), (6), and (8). (J) PREMIUM.—The term ‘‘premium’’ in- retary shall waive any penalty under section
(8) OUTREACH.— cludes, with respect to COBRA continuation 6656 for any failure to make a deposit of the
(A) IN GENERAL.—The Secretary of Labor, coverage, any administrative fee. tax imposed by section 3111(b), or so much of
in consultation with the Secretary of the (10) IMPLEMENTATION FUNDING.—In addition the taxes imposed under section 3221(a) as
Treasury and the Secretary of Health and to amounts otherwise made available, out of are attributable to the rate in effect under
Human Services, shall provide outreach con- any funds in the Treasury not otherwise ap- section 3111(b), if the Secretary determines
sisting of public education and enrollment propriated, there are appropriated to the that such failure was due to the anticipation
assistance relating to premium assistance Secretary of Labor for fiscal year 2021, of the credit allowed under this section.
provided under this subsection. Such out- $10,000,000, to remain available until ex- ‘‘(D) TREATMENT OF PAYMENTS.—For pur-
reach shall target employers, group health pended, for the Employee Benefits Security poses of section 1324 of title 31, United States
plan administrators, public assistance pro- Administration to carry out the provisions Code, any amounts due to an employer under
grams, States, insurers, and other entities as of this subtitle. this paragraph shall be treated in the same
determined appropriate by such Secretaries. (b) COBRA PREMIUM ASSISTANCE.— manner as a refund due from a credit provi-
Such outreach shall include an initial focus (1) ALLOWANCE OF CREDIT.— sion referred to in subsection (b)(2) of such
on those individuals electing continuation (A) IN GENERAL.—Subchapter B of chapter section.
coverage who are referred to in paragraph 65 of the Internal Revenue Code of 1986 is ‘‘(3) OVERSTATEMENTS.—Any overstatement
(5)(C). Information on such premium assist- amended by adding at the end the following of the credit to which a person is entitled
ance, including enrollment, shall also be new section: under this section (and any amount paid by
made available on websites of the Depart- ‘‘SEC. 6432. CONTINUATION COVERAGE PREMIUM the Secretary as a result of such overstate-
ments of Labor, Treasury, and Health and ASSISTANCE. ment) shall be treated as an underpayment
Human Services. ‘‘(a) IN GENERAL.—The person to whom pre- by such person of the taxes described in
(B) ENROLLMENT UNDER MEDICARE.—The miums are payable for continuation cov- paragraph (1) and may be assessed and col-
Secretary of Health and Human Services erage under section 9501(a)(1) of the Amer- lected by the Secretary in the same manner
shall provide outreach consisting of public ican Rescue Plan Act of 2021 shall be allowed as such taxes.
education. Such outreach shall target indi- as a credit against the tax imposed by sec- ‘‘(d) GOVERNMENTAL ENTITIES.—For pur-
viduals who lose health insurance coverage. tion 3111(b), or so much of the taxes imposed poses of this section, the term ‘person’ in-
Such outreach shall include information re- under section 3221(a) as are attributable to cludes the government of any State or polit-
garding enrollment for Medicare benefits for the rate in effect under section 3111(b), for ical subdivision thereof, any Indian tribal
purposes of preventing mistaken delays of each calendar quarter an amount equal to government (as defined in section 139E(c)(1)),
such enrollment by such individuals, includ- the premiums not paid by assistance eligible any agency or instrumentality of any of the
ing lifetime penalties for failure of timely individuals for such coverage by reason of foregoing, and any agency or instrumen-
enrollment. such section 9501(a)(1) with respect to such
tality of the Government of the United
(9) DEFINITIONS.—For purposes of this sec- calendar quarter.
States that is described in section 501(c)(1)
tion: ‘‘(b) PERSON TO WHOM PREMIUMS ARE PAY-
and exempt from taxation under section
(A) ADMINISTRATOR.—The term ‘‘adminis- ABLE.—For purposes of subsection (a), except
501(a).
trator’’ has the meaning given such term in as otherwise provided by the Secretary, the
section 3(16)(A) of the Employee Retirement person to whom premiums are payable under ‘‘(e) DENIAL OF DOUBLE BENEFIT.—For pur-
Income Security Act of 1974, and includes a such continuation coverage shall be treated poses of chapter 1, the gross income of any
COBRA administrator. as being— person allowed a credit under this section
(B) COBRA CONTINUATION COVERAGE.—The ‘‘(1) in the case of any group health plan shall be increased for the taxable year which
term ‘‘COBRA continuation coverage’’ which is a multiemployer plan (as defined in includes the last day of any calendar quarter
means continuation coverage provided pur- section 3(37) of the Employee Retirement In- with respect to which such credit is allowed
suant to part 6 of subtitle B of title I of the come Security Act of 1974), the plan, by the amount of such credit. No credit shall
Employee Retirement Income Security Act ‘‘(2) in the case of any group health plan be allowed under this section with respect to
of 1974 (other than under section 609), title not described in paragraph (1)— any amount which is taken into account as
XXII of the Public Health Service Act, or ‘‘(A) which is subject to the COBRA con- qualified wages under section 2301 of the
section 4980B of the Internal Revenue Code of tinuation provisions contained in— CARES Act or section 3134 of this title or as
1986 (other than subsection (f)(1) of such sec- ‘‘(i) the Internal Revenue Code of 1986, qualified health plan expenses under section
tion insofar as it relates to pediatric vac- ‘‘(ii) the Employee Retirement Income Se- 7001(d) or 7003(d) of the Families First
cines), or under a State program that pro- curity Act of 1974, or Coronavirus Response Act or section 3131 or
vides comparable continuation coverage. ‘‘(iii) the Public Health Service Act, or
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3132 of this title.
Such term does not include coverage under a ‘‘(B) under which some or all of the cov-
health flexible spending arrangement under erage is not provided by insurance, ‘‘(f) EXTENSION OF LIMITATION ON ASSESS-
a cafeteria plan within the meaning of sec- the employer maintaining the plan, and MENT.—Notwithstanding section 6501, the
tion 125 of the Internal Revenue Code of 1986. ‘‘(3) in the case of any group health plan limitation on the time period for the assess-
(C) COBRA CONTINUATION PROVISION.—The not described in paragraph (1) or (2), the in- ment of any amount attributable to a credit
term ‘‘COBRA continuation provision’’ surer providing the coverage under the group claimed under this section shall not expire
means the provisions of law described in sub- health plan. before the date that is 5 years after the later
paragraph (B). ‘‘(c) LIMITATIONS AND REFUNDABILITY.— of—
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S1164 CONGRESSIONAL RECORD — SENATE March 4, 2021
‘‘(1) the date on which the original return ‘‘(b) INTENTIONAL FAILURE.—In the case of ‘‘(1) $1,400 ($2,800 in the case of a joint re-
which includes the calendar quarter with re- any such failure that is fraudulent, such per- turn), plus
spect to which such credit is determined is son shall pay a penalty equal to the greater ‘‘(2) $1,400 multiplied by the number of de-
filed, or of— pendents of the taxpayer for such taxable
‘‘(2) the date on which such return is treat- ‘‘(1) $250, or year.
ed as filed under section 6501(b)(2). ‘‘(2) 110 percent of the premium assistance ‘‘(c) ELIGIBLE INDIVIDUAL.—For purposes of
‘‘(g) REGULATIONS.—The Secretary shall provided under section 9501(a)(1)(A) of the this section, the term ‘eligible individual’
issue such regulations, or other guidance, American Rescue Plan Act of 2021 after ter- means any individual other than—
forms, instructions, and publications, as may mination of eligibility under such section. ‘‘(1) any nonresident alien individual,
be necessary or appropriate to carry out this ‘‘(c) REASONABLE CAUSE EXCEPTION.—No ‘‘(2) any individual who is a dependent of
section, including— penalty shall be imposed under this section another taxpayer for a taxable year begin-
‘‘(1) the requirement to report information with respect to any failure if it is shown that ning in the calendar year in which the indi-
or the establishment of other methods for such failure is due to reasonable cause and vidual’s taxable year begins, and
verifying the correct amounts of reimburse- not to willful neglect.’’. ‘‘(3) an estate or trust.
ments under this section, (B) CLERICAL AMENDMENT.—The table of ‘‘(d) LIMITATION BASED ON ADJUSTED GROSS
‘‘(2) the application of this section to group sections of part I of subchapter B of chapter INCOME.—
health plans that are multiemployer plans 68 of such Code is amended by adding at the ‘‘(1) IN GENERAL.—The amount of the credit
(as defined in section 3(37) of the Employee end the following new item: allowed by subsection (a) (determined with-
Retirement Income Security Act of 1974), ‘‘Sec. 6720C. Penalty for failure to notify out regard to this subsection and subsection
‘‘(3) to allow the advance payment of the health plan of cessation of eli- (f)) shall be reduced (but not below zero) by
credit determined under subsection (a), sub- gibility for continuation cov- the amount which bears the same ratio to
ject to the limitations provided in this sec- erage premium assistance.’’. such credit (as so determined) as—
tion, based on such information as the Sec- (3) COORDINATION WITH HCTC.— ‘‘(A) the excess of—
retary shall require, (A) IN GENERAL.—Section 35(g)(9) of the In- ‘‘(i) the taxpayer’s adjusted gross income
‘‘(4) to provide for the reconciliation of ternal Revenue Code of 1986 is amended to for such taxable year, over
such advance payment with the amount of read as follows: ‘‘(ii) $75,000, bears to
the credit at the time of filing the return of ‘‘(9) CONTINUATION COVERAGE PREMIUM AS- ‘‘(B) $5,000.
tax for the applicable quarter or taxable SISTANCE.—In the case of an assistance eligi-
‘‘(2) SPECIAL RULES.—
year, and ‘‘(A) JOINT RETURN OR SURVIVING SPOUSE.—
ble individual who receives premium assist-
‘‘(5) allowing the credit to third party In the case of a joint return or a surviving
ance for continuation coverage under section
payors (including professional employer or- spouse (as defined in section 2(a)), paragraph
9501(a)(1) of the American Rescue Plan Act of
ganizations, certified professional employer (1) shall be applied by substituting ‘$150,000’
2021 for any month during the taxable year,
organizations, or agents under section for ‘$75,000’ and ‘$10,000’ for ‘$5,000’.
such individual shall not be treated as an eli-
3504).’’. ‘‘(B) HEAD OF HOUSEHOLD.—In the case of a
gible individual, a certified individual, or a
head of household (as defined in section 2(b)),
(B) CLERICAL AMENDMENT.—The table of qualifying family member for purposes of
paragraph (1) shall be applied by substituting
sections for subchapter B of chapter 65 of the this section or section 7527 with respect to
‘$112,500’ for ‘$75,000’ and ‘$7,500’ for ‘$5,000’.
Internal Revenue Code of 1986 is amended by such month.’’. ‘‘(e) DEFINITIONS AND SPECIAL RULES.—
adding at the end the following new item: (B) EFFECTIVE DATE.—The amendment ‘‘(1) DEPENDENT DEFINED.—For purposes of
‘‘Sec. 6432. Continuation coverage premium made by subparagraph (A) shall apply to tax- this section, the term ‘dependent’ has the
assistance.’’. able years ending after the date of the enact- meaning given such term by section 152.
(C) EFFECTIVE DATE.—The amendments ment of this Act. ‘‘(2) IDENTIFICATION NUMBER REQUIRE-
made by this paragraph shall apply to pre- (4) EXCLUSION OF CONTINUATION COVERAGE MENT.—
miums to which subsection (a)(1)(A) applies PREMIUM ASSISTANCE FROM GROSS INCOME.—
‘‘(A) IN GENERAL.—In the case of a return
and wages paid on or after April 1, 2021. (A) IN GENERAL.—Part III of subchapter B other than a joint return, the $1,400 amount
(D) SPECIAL RULE IN CASE OF EMPLOYEE of chapter 1 of the Internal Revenue Code of in subsection (b)(1) shall be treated as being
PAYMENT THAT IS NOT REQUIRED UNDER THIS 1986 is amended by inserting after section zero unless the taxpayer includes the valid
SECTION.— 139H the following new section: identification number of the taxpayer on the
(i) IN GENERAL.—In the case of an assist- ‘‘SEC. 139I. CONTINUATION COVERAGE PREMIUM return of tax for the taxable year.
ance eligible individual who pays, with re- ASSISTANCE.
‘‘(B) JOINT RETURNS.—In the case of a joint
spect any period of coverage to which sub- ‘‘In the case of an assistance eligible indi- return, the $2,800 amount in subsection (b)(1)
section (a)(1)(A) applies, any amount of the vidual (as defined in subsection (a)(3) of sec- shall be treated as being—
premium for such coverage that the indi- tion 9501 of the American Rescue Plan Act of ‘‘(i) $1,400 if the valid identification num-
vidual would have (but for this Act) been re- 2021), gross income does not include any pre- ber of only 1 spouse is included on the return
quired to pay, the person to whom such pay- mium assistance provided under subsection of tax for the taxable year, and
ment is payable shall reimburse such indi- (a)(1) of such section.’’. ‘‘(ii) zero if the valid identification number
vidual for the amount of such premium paid. (B) CLERICAL AMENDMENT.—The table of of neither spouse is so included.
(ii) CREDIT OF REIMBURSEMENT.—A person sections for part III of subchapter B of chap- ‘‘(C) DEPENDENTS.—A dependent shall not
to which clause (i) applies shall be allowed a ter 1 of such Code is amended by inserting be taken into account under subsection (b)(2)
credit in the manner provided under section after the item relating to section 139H the unless the valid identification number of
6432 of the Internal Revenue Code of 1986 for following new item: such dependent is included on the return of
any payment made to the employee under ‘‘Sec. 139I. Continuation coverage premium
tax for the taxable year.
such clause. assistance.’’.
‘‘(D) VALID IDENTIFICATION NUMBER.—
(iii) PAYMENT OF CREDITS.—Any person to (C) EFFECTIVE DATE.—The amendments ‘‘(i) IN GENERAL.—For purposes of this
which clause (i) applies shall make the pay- made by this paragraph shall apply to tax- paragraph, the term ‘valid identification
ment required under such clause to the indi- able years ending after the date of the enact- number’ means a social security number
vidual not later than 60 days after the date ment of this Act. issued to an individual by the Social Secu-
on which such individual made the premium Subtitle G—Promoting Economic Security rity Administration on or before the due
payment.
PART 1—2021 RECOVERY REBATES TO date for filing the return for the taxable
(2) PENALTY FOR FAILURE TO NOTIFY HEALTH
INDIVIDUALS year.
PLAN OF CESSATION OF ELIGIBILITY FOR PRE-
SEC. 9601. 2021 RECOVERY REBATES TO INDIVID- ‘‘(ii) ADOPTION TAXPAYER IDENTIFICATION
MIUM ASSISTANCE.—
UALS. NUMBER.—For purposes of subparagraph (C),
(A) IN GENERAL.—Part I of subchapter B of
(a) IN GENERAL.—Subchapter B of chapter in the case of a dependent who is adopted or
chapter 68 of the Internal Revenue Code of
65 of the Internal Revenue Code of 1986 is placed for adoption, the term ‘valid identi-
1986 is amended by adding at the end the fol-
amended by inserting after section 6428A the fication number’ shall include the adoption
lowing new section:
following new section: taxpayer identification number of such de-
‘‘SEC. 6720C. PENALTY FOR FAILURE TO NOTIFY
HEALTH PLAN OF CESSATION OF ‘‘SEC. 6428B. 2021 RECOVERY REBATES TO INDI- pendent.
ELIGIBILITY FOR CONTINUATION VIDUALS. ‘‘(E) SPECIAL RULE FOR MEMBERS OF THE
COVERAGE PREMIUM ASSISTANCE. ‘‘(a) IN GENERAL.—In the case of an eligible ARMED FORCES.—Subparagraph (B) shall not
individual, there shall be allowed as a credit apply in the case where at least 1 spouse was
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‘‘(a) IN GENERAL.—Except in the case of a
failure described in subsection (b) or (c), any against the tax imposed by subtitle A for the a member of the Armed Forces of the United
person required to notify a group health plan first taxable year beginning in 2021 an States at any time during the taxable year
under section 9501(a)(2)(B) of the American amount equal to the 2021 rebate amount de- and the valid identification number of at
Rescue Plan Act of 2021 who fails to make termined for such taxable year. least 1 spouse is included on the return of
such a notification at such time and in such ‘‘(b) 2021 REBATE AMOUNT.—For purposes of tax for the taxable year.
manner as the Secretary of Labor may re- this section, the term ‘2021 rebate amount’ ‘‘(F) COORDINATION WITH CERTAIN ADVANCE
quire shall pay a penalty of $250 for each means, with respect to any taxpayer for any PAYMENTS.—In the case of any payment de-
such failure. taxable year, the sum of— termined pursuant to subsection (g)(6), a
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March 4, 2021 CONGRESSIONAL RECORD — SENATE S1165
valid identification number shall be treated (C) of section 6428A(f)(3), refund or credit any ‘‘(h) REGULATIONS.—The Secretary shall
for purposes of this paragraph as included on overpayment attributable to this subsection prescribe such regulations or other guidance
the taxpayer’s return of tax if such valid as rapidly as possible, consistent with a as may be necessary or appropriate to carry
identification number is available to the rapid effort to make payments attributable out the purposes of this section, including—
Secretary as described in such subsection. to such overpayments electronically if ap- ‘‘(1) regulations or other guidance pro-
‘‘(G) MATHEMATICAL OR CLERICAL ERROR AU- propriate. No refund or credit shall be made viding taxpayers the opportunity to provide
THORITY.—Any omission of a correct valid or allowed under this subsection after De- the Secretary information sufficient to allow
identification number required under this cember 31, 2021. the Secretary to make payments to such
paragraph shall be treated as a mathe- ‘‘(4) NO INTEREST.—No interest shall be al- taxpayers under subsection (g) (including the
matical or clerical error for purposes of ap- lowed on any overpayment attributable to determination of the amount of such pay-
plying section 6213(g)(2) to such omission. this subsection. ment) if such information is not otherwise
‘‘(3) CREDIT TREATED AS REFUNDABLE.—The ‘‘(5) APPLICATION TO INDIVIDUALS WHO HAVE available to the Secretary, and
credit allowed by subsection (a) shall be FILED A RETURN OF TAX FOR 2020.— ‘‘(2) regulations or other guidance to en-
treated as allowed by subpart C of part IV of ‘‘(A) APPLICATION TO 2020 RETURNS FILED AT sure to the maximum extent administra-
subchapter A of chapter 1. TIME OF INITIAL DETERMINATION.—If, at the
tively practicable that, in determining the
‘‘(f) COORDINATION WITH ADVANCE REFUNDS amount of any credit under subsection (a)
time of any determination made pursuant to
OF CREDIT.— and any credit or refund under subsection
paragraph (3), the individual referred to in
‘‘(1) REDUCTION OF REFUNDABLE CREDIT.— (g), an individual is not taken into account
paragraph (1) has filed a return of tax for the
The amount of the credit which would (but more than once, including by different tax-
individual’s first taxable year beginning in
for this paragraph) be allowable under sub- payers and including by reason of a change
section (a) shall be reduced (but not below 2020, paragraph (1) shall be applied with re-
in joint return status or dependent status be-
zero) by the aggregate refunds and credits spect to such individual by substituting
tween the taxable year for which an advance
made or allowed to the taxpayer (or, except ‘2020’ for ‘2019’.
refund amount is determined and the taxable
as otherwise provided by the Secretary, any ‘‘(B) ADDITIONAL PAYMENT.— year for which a credit under subsection (a)
dependent of the taxpayer) under subsection ‘‘(i) IN GENERAL.—In the case of any indi- is determined.
(g). Any failure to so reduce the credit shall vidual who files, before the additional pay- ‘‘(i) OUTREACH.—The Secretary shall carry
be treated as arising out of a mathematical ment determination date, a return of tax for out a robust and comprehensive outreach
or clerical error and assessed according to such individual’s first taxable year beginning program to ensure that all taxpayers de-
section 6213(b)(1). in 2020, the Secretary shall make a payment scribed in subsection (h)(1) learn of their eli-
‘‘(2) JOINT RETURNS.—Except as otherwise (in addition to any payment made under gibility for the advance refunds and credits
provided by the Secretary, in the case of a paragraph (1)) to such individual equal to the under subsection (g); are advised of the op-
refund or credit made or allowed under sub- excess (if any) of— portunity to receive such advance refunds
section (g) with respect to a joint return, ‘‘(I) the amount which would be deter- and credits as provided under subsection
half of such refund or credit shall be treated mined under paragraph (1) (after the applica- (h)(1); and are provided assistance in apply-
as having been made or allowed to each indi- tion of subparagraph (A)) by applying para- ing for such advance refunds and credits.’’.
vidual filing such return. graph (1) as of the additional payment deter- (b) TREATMENT OF CERTAIN POSSESSIONS.—
‘‘(g) ADVANCE REFUNDS AND CREDITS.— mination date, over (1) PAYMENTS TO POSSESSIONS WITH MIRROR
‘‘(1) IN GENERAL.—Subject to paragraphs (5) ‘‘(II) the amount of any payment made CODE TAX SYSTEMS.—The Secretary of the
and (6), each individual who was an eligible with respect to such individual under para- Treasury shall pay to each possession of the
individual for such individual’s first taxable graph (1). United States which has a mirror code tax
year beginning in 2019 shall be treated as ‘‘(ii) ADDITIONAL PAYMENT DETERMINATION system amounts equal to the loss (if any) to
having made a payment against the tax im- DATE.—The term ‘additional payment deter- that possession by reason of the amendments
posed by chapter 1 for such taxable year in mination date’ means the earlier of— made by this section. Such amounts shall be
an amount equal to the advance refund ‘‘(I) the date which is 90 days after the 2020 determined by the Secretary of the Treasury
amount for such taxable year. calendar year filing deadline, or based on information provided by the gov-
‘‘(2) ADVANCE REFUND AMOUNT.— ‘‘(II) September 1, 2021. ernment of the respective possession.
‘‘(A) IN GENERAL.—For purposes of para- ‘‘(iii) 2020 CALENDAR YEAR FILING DEAD- (2) PAYMENTS TO OTHER POSSESSIONS.—The
graph (1), the advance refund amount is the LINE.—The term ‘2020 calendar year filing Secretary of the Treasury shall pay to each
amount that would have been allowed as a deadline’ means the date specified in section possession of the United States which does
credit under this section for such taxable 6072(a) with respect to returns for calendar not have a mirror code tax system amounts
year if this section (other than subsection (f) year 2020. Such date shall be determined estimated by the Secretary of the Treasury
and this subsection) had applied to such tax- after taking into account any period dis- as being equal to the aggregate benefits (if
able year. regarded under section 7508A if such dis- any) that would have been provided to resi-
‘‘(B) TREATMENT OF DECEASED INDIVID- regard applies to substantially all returns dents of such possession by reason of the
UALS.—For purposes of determining the ad- for calendar year 2020 to which section amendments made by this section if a mirror
vance refund amount with respect to such 6072(a) applies. code tax system had been in effect in such
taxable year— ‘‘(6) APPLICATION TO CERTAIN INDIVIDUALS possession. The preceding sentence shall not
‘‘(i) any individual who was deceased be- WHO HAVE NOT FILED A RETURN OF TAX FOR 2019 apply unless the respective possession has a
fore January 1, 2021, shall be treated for pur- OR 2020 AT TIME OF DETERMINATION.—In the plan, which has been approved by the Sec-
poses of applying subsection (e)(2) in the case of any individual who, at the time of retary of the Treasury, under which such
same manner as if the valid identification any determination made pursuant to para- possession will promptly distribute such pay-
number of such person was not included on graph (3), has filed a tax return for neither ments to its residents.
the return of tax for such taxable year (ex- the year described in paragraph (1) nor for (3) INCLUSION OF ADMINISTRATIVE EX-
cept that subparagraph (E) thereof shall not the year described in paragraph (5)(A), the PENSES.—The Secretary of the Treasury shall
apply), Secretary shall, consistent with rules simi- pay to each possession of the United States
‘‘(ii) notwithstanding clause (i), in the case lar to the rules of section 6428A(f)(5)(H)(i), to which the Secretary makes a payment
of a joint return with respect to which only apply paragraph (1) on the basis of informa- under paragraph (1) or (2) an amount equal
1 spouse is deceased before January 1, 2021, tion available to the Secretary and shall, on to the lesser of—
such deceased spouse was a member of the the basis of such information, determine the (A) the increase (if any) of the administra-
Armed Forces of the United States at any advance refund amount with respect to such tive expenses of such possession—
time during the taxable year, and the valid individual without regard to subsection (d) (i) in the case of a possession described in
identification number of such deceased unless the Secretary has reason to know that paragraph (1), by reason of the amendments
spouse is included on the return of tax for such amount would otherwise be reduced by made by this section, and
the taxable year, the valid identification reason of such subsection. (ii) in the case of a possession described in
number of 1 (and only 1) spouse shall be ‘‘(7) SPECIAL RULE RELATED TO TIME OF FIL- paragraph (2), by reason of carrying out the
treated as included on the return of tax for ING RETURN.—Solely for purposes of this sub- plan described in such paragraph, or
the taxable year for purposes of applying section, a return of tax shall not be treated (B) $500,000 ($10,000,000 in the case of Puerto
subsection (e)(2)(B) with respect to such as filed until such return has been processed Rico).
joint return, and by the Internal Revenue Service. The amount described in subparagraph (A)
‘‘(iii) no amount shall be determined under ‘‘(8) RESTRICTION ON USE OF CERTAIN PRE- shall be determined by the Secretary of the
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subsection (e)(2) with respect to any depend- VIOUSLY ISSUED PREPAID DEBIT CARDS.—Pay- Treasury based on information provided by
ent of the taxpayer if the taxpayer (both ments made by the Secretary to individuals the government of the respective possession.
spouses in the case of a joint return) was de- under this section shall not be in the form of (4) COORDINATION WITH CREDIT ALLOWED
ceased before January 1, 2021. an increase in the balance of any previously AGAINST UNITED STATES INCOME TAXES.—No
‘‘(3) TIMING AND MANNER OF PAYMENTS.— issued prepaid debit card if, as of the time of credit shall be allowed against United States
The Secretary shall, subject to the provi- the issuance of such card, such card was income taxes under section 6428B of the In-
sions of this title and consistent with rules issued solely for purposes of making pay- ternal Revenue Code of 1986 (as added by this
similar to the rules of subparagraphs (B) and ments under section 6428 or 6428A. section), nor shall any credit or refund be
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S1166 CONGRESSIONAL RECORD — SENATE March 4, 2021
made or allowed under subsection (g) of such PART 2—CHILD TAX CREDIT ‘‘(II) the applicable threshold amount ap-
section, to any person— plicable to the taxpayer under this para-
SEC. 9611. CHILD TAX CREDIT IMPROVEMENTS
(A) to whom a credit is allowed against graph.
FOR 2021.
taxes imposed by the possession by reason of ‘‘(D) COORDINATION WITH LIMITATION ON
the amendments made by this section, or (a) IN GENERAL.—Section 24 of the Internal OVERALL CREDIT.—Subsection (b) shall be ap-
(B) who is eligible for a payment under a Revenue Code of 1986 is amended by adding plied by substituting ‘the credit allowable
plan described in paragraph (2). at the end the following new subsection: under subsection (a) (determined after the
(5) MIRROR CODE TAX SYSTEM.—For pur- ‘‘(i) SPECIAL RULES FOR 2021.—In the case application of subsection (i)(4)(A)’ for ‘the
poses of this subsection, the term ‘‘mirror of any taxable year beginning after Decem- credit allowable under subsection (a)’.’’.
code tax system’’ means, with respect to any (b) ADVANCE PAYMENT OF CREDIT.—
ber 31, 2020, and before January 1, 2022—
possession of the United States, the income (1) IN GENERAL.—Chapter 77 of such Code is
‘‘(1) REFUNDABLE CREDIT.—If the taxpayer
tax system of such possession if the income amended by inserting after section 7527 the
(in the case of a joint return, either spouse)
tax liability of the residents of such posses- following new section:
has a principal place of abode in the United
sion under such system is determined by ref- States (determined as provided in section 32)
‘‘SEC. 7527A. ADVANCE PAYMENT OF CHILD TAX
erence to the income tax laws of the United CREDIT.
for more than one-half of the taxable year or ‘‘(a) IN GENERAL.—The Secretary shall es-
States as if such possession were the United is a bona fide resident of Puerto Rico (within
States. tablish a program for making periodic pay-
the meaning of section 937(a)) for such tax- ments to taxpayers which, in the aggregate
(6) TREATMENT OF PAYMENTS.—For purposes
able year— during any calendar year, equal the annual
of section 1324 of title 31, United States Code,
‘‘(A) subsection (d) shall not apply, and advance amount determined with respect to
the payments under this subsection shall be
‘‘(B) so much of the credit determined such taxpayer for such calendar year. Except
treated in the same manner as a refund due
under subsection (a) (after application of as provided in subsection (b)(3)(B), the peri-
from a credit provision referred to in sub-
subparagraph (A)) as does not exceed the odic payments made to any taxpayer for any
section (b)(2) of such section.
(c) ADMINISTRATIVE PROVISIONS.— amount of such credit which would be so de- calendar year shall be in equal amounts.
(1) DEFINITION OF DEFICIENCY.—Section termined without regard to subsection (h)(4) ‘‘(b) ANNUAL ADVANCE AMOUNT.—For pur-
6211(b)(4)(A) of the Internal Revenue Code of shall be allowed under subpart C (and not al- poses of this section—
1986 is amended by striking ‘‘6428, and 6428A’’ lowed under this subpart). ‘‘(1) IN GENERAL.—Except as otherwise pro-
and inserting ‘‘6428, 6428A, and 6428B’’. ‘‘(2) 17-YEAR-OLDS ELIGIBLE FOR TREATMENT vided in this subsection, the term ‘annual
(2) EXCEPTION FROM REDUCTION OR OFF- AS QUALIFYING CHILDREN.—This section shall advance amount’ means, with respect to any
SET.—Any refund payable by reason of sec- be applied— taxpayer for any calendar year, the amount
tion 6428B(g) of the Internal Revenue Code of ‘‘(A) by substituting ‘age 18’ for ‘age 17’ in (if any) which is estimated by the Secretary
1986 (as added by this section), or any such subsection (c)(1), and as being equal to 50 percent of the amount
refund payable by reason of subsection (b) of ‘‘(B) by substituting ‘described in sub- which would be treated as allowed under sub-
this section, shall not be — section (c) (determined after the application part C of part IV of subchapter A of chapter
(A) subject to reduction or offset pursuant of subsection (i)(2)(A))’ for ‘described in sub- 1 by reason of section 24(i)(1) for the tax-
to subsection (c), (d), (e), or (f) of section 6402 section (c)’ in subsection (h)(4)(A). payer’s taxable year beginning in such cal-
of the Internal Revenue Code of 1986, or ‘‘(3) CREDIT AMOUNT.—Subsection (h)(2) endar year if—
(B) reduced or offset by other assessed Fed- shall not apply and subsection (a) shall be ‘‘(A) the status of the taxpayer as a tax-
eral taxes that would otherwise be subject to applied by substituting ‘$3,000 ($3,600 in the payer described in section 24(i)(1) is deter-
levy or collection. case of a qualifying child who has not at- mined with respect to the reference taxable
(3) CONFORMING AMENDMENTS.— tained age 6 as of the close of the calendar year,
(A) Paragraph (2) of section 1324(b) of title year in which the taxable year of the tax- ‘‘(B) the taxpayer’s modified adjusted gross
31, United States Code, is amended by insert- payer begins)’ for ‘$1,000’. income for such taxable year is equal to the
ing ‘‘6428B,’’ after ‘‘6428A,’’. ‘‘(4) REDUCTION OF INCREASED CREDIT taxpayer’s modified adjusted gross income
(B) The table of sections for subchapter B AMOUNT BASED ON MODIFIED ADJUSTED GROSS for the reference taxable year,
of chapter 65 of the Internal Revenue Code of INCOME.— ‘‘(C) the only children of such taxpayer for
1986 is amended by inserting after the item ‘‘(A) IN GENERAL.—The amount of the cred- such taxable year are qualifying children
relating to section 6428A the following new it allowable under subsection (a) (determined properly claimed on the taxpayer’s return of
item: without regard to subsection (b)) shall be re- tax for the reference taxable year, and
‘‘Sec. 6428B. 2021 recovery rebates to individ- duced by $50 for each $1,000 (or fraction ‘‘(D) the ages of such children (and the sta-
uals.’’. thereof) by which the taxpayer’s modified tus of such children as qualifying children)
(d) APPROPRIATIONS.—Immediately upon adjusted gross income (as defined in sub- are determined for such taxable year by tak-
the enactment of this Act, in addition to section (b)) exceeds the applicable threshold ing into account the passage of time since
amounts otherwise available, there are ap- amount. the reference taxable year.
propriated for fiscal year 2021, out of any ‘‘(B) APPLICABLE THRESHOLD AMOUNT.—For ‘‘(2) REFERENCE TAXABLE YEAR.—Except as
money in the Treasury not otherwise appro- purposes of this paragraph, the term ‘appli- provided in paragraph (3)(A), the term ‘ref-
priated: cable threshold amount’ means— erence taxable year’ means, with respect to
(1) $1,464,500,000 to remain available until ‘‘(i) $150,000, in the case of a joint return or any taxpayer for any calendar year, the tax-
September 30, 2023 for necessary expenses for surviving spouse (as defined in section 2(a)) , payer’s taxable year beginning in the pre-
the Internal Revenue Service for the admin- ‘‘(ii) $112,500, in the case of a head of house- ceding calendar year or, in the case of tax-
istration of the advance payments, the provi- hold (as defined in section 2(b)), and payer who did not file a return of tax for
sion of taxpayer assistance, and the further- ‘‘(iii) $75,000, in any other case. such taxable year, the taxpayer’s taxable
ance of integrated, modernized, and secure ‘‘(C) LIMITATION ON REDUCTION.— year beginning in the second preceding cal-
Internal Revenue Service systems, of which ‘‘(i) IN GENERAL.—The amount of the reduc- endar year.
up to $20,000,000 is available for premium pay tion under subparagraph (A) shall not exceed ‘‘(3) MODIFICATIONS DURING CALENDAR
for services related to the development of in- the lesser of— YEAR.—
formation technology as determined by the ‘‘(I) the applicable credit increase amount, ‘‘(A) IN GENERAL.—The Secretary may
Commissioner of the Internal Revenue oc- or modify, during any calendar year, the annual
curring between January 1, 2020 and Decem- ‘‘(II) 5 percent of the applicable phaseout advance amount with respect to any tax-
ber 31, 2022, and all of which shall supple- threshold range. payer for such calendar year to take into ac-
ment and not supplant any other appropria- ‘‘(ii) APPLICABLE CREDIT INCREASE count—
tions that may be available for this purpose. AMOUNT.—For purposes of this subparagraph, ‘‘(i) a return of tax filed by such taxpayer
(2) $7,000,000 to remain available until Sep- the term ‘applicable credit increase amount’ during such calendar year (and the taxable
tember 30, 2022, for necessary expenses for means the excess (if any) of— year to which such return relates may be
the Bureau of the Fiscal Service to carry out ‘‘(I) the amount of the credit allowable taken into account as the reference taxable
this section (and the amendments made by under this section for the taxable year deter- year), and
this section), which shall supplement and mined without regard to this paragraph and ‘‘(ii) any other information provided by the
not supplant any other appropriations that subsection (b), over taxpayer to the Secretary which allows the
may be available for this purpose, and ‘‘(II) the amount of such credit as so deter- Secretary to determine payments under sub-
(3) $8,000,000 to remain available until Sep- mined and without regard to paragraph (3). section (a) which, in the aggregate during
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tember 30, 2023, for the Treasury Inspector ‘‘(iii) APPLICABLE PHASEOUT THRESHOLD any taxable year of the taxpayer, more close-
General for Tax Administration for the pur- RANGE.—For purposes of this subparagraph, ly total the Secretary’s estimate of the
poses of overseeing activities related to the the term ‘applicable phaseout threshold amount treated as allowed under subpart C
administration of this section (and the range’ means the excess of— of part IV of subchapter A of chapter 1 by
amendments made by this section), which ‘‘(I) the threshold amount applicable to the reason of section 24(i)(1) for such taxable
shall supplement and not supplant any other taxpayer under subsection (b) (determined year of such taxpayer.
appropriations that may be available for this after the application of subsection (h)(3)), ‘‘(B) ADJUSTMENT TO REFLECT EXCESS OR
purpose. over DEFICIT IN PRIOR PAYMENTS.—In the case of
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March 4, 2021 CONGRESSIONAL RECORD — SENATE S1167
any modification of the annual advance ‘‘(B) MIRROR CODE POSSESSIONS.—In the ‘‘(i) IN GENERAL.—In the case of a taxpayer
amount under subparagraph (A), the Sec- case of any possession of the United States whose modified adjusted gross income (as de-
retary may adjust the amount of any peri- with a mirror code tax system (as defined in fined in subsection (b)) for the taxable year
odic payment made after the date of such section 24(k)), this section shall not be treat- does not exceed 200 percent of the applicable
modification to properly take into account ed as part of the income tax laws of the income threshold, the amount of the in-
the amount by which any periodic payment United States for purposes of determining crease determined under subparagraph (A)
made before such date was greater than or the income tax law of such possession unless with respect to such taxpayer for such tax-
less than the amount that such payment such possession elects to have this section be able year shall be reduced (but not below
would have been on the basis of the annual so treated. zero) by the safe harbor amount.
advance amount as so modified. ‘‘(C) ADMINISTRATIVE EXPENSES OF ADVANCE ‘‘(ii) PHASE OUT OF SAFE HARBOR AMOUNT.—
‘‘(4) DETERMINATION OF STATUS.—If infor- PAYMENTS.— In the case of a taxpayer whose modified ad-
mation contained in the taxpayer’s return of ‘‘(i) MIRROR CODE POSSESSIONS.—In the case justed gross income (as defined in subsection
tax for the reference taxable year does not of any possession described in subparagraph (b)) for the taxable year exceeds the applica-
establish the status of the taxpayer as being (B) which makes the election described in ble income threshold, the safe harbor
described in section 24(i)(1), the Secretary such subparagraph, the amount otherwise amount otherwise in effect under clause (i)
shall, for purposes of paragraph (1)(A), deter- paid by the Secretary to such possession shall be reduced by the amount which bears
mine such status based on information under section 24(k)(1)(A) with respect to tax- the same ratio to such amount as such ex-
known to the Secretary. able years beginning in 2021 shall be in- cess bears to the applicable income thresh-
‘‘(5) TREATMENT OF CERTAIN DEATHS.—A creased by $300,000 if such possession has a old.
child shall not be taken into account in de- plan, which has been approved by the Sec- ‘‘(iii) APPLICABLE INCOME THRESHOLD.—For
termining the annual advance amount under retary, for making advance payments con- purposes of this subparagraph, the term ‘ap-
paragraph (1) if the death of such child is sistent with such election. plicable income threshold’ means—
known to the Secretary as of the beginning ‘‘(ii) AMERICAN SAMOA.—The amount other- ‘‘(I) $60,000 in the case of a joint return or
of the calendar year for which the estimate wise paid by the Secretary to American surviving spouse (as defined in section 2(a)),
under such paragraph is made. Samoa under subparagraph (A) of section ‘‘(II) $50,000 in the case of a head of house-
‘‘(c) ON-LINE INFORMATION PORTAL.—The 24(k)(3) with respect to taxable years begin- hold, and
Secretary shall establish an on-line portal ning in 2021 shall be increased by $300,000 if ‘‘(III) $40,000 in any other case.
which allows taxpayers to— the plan described in subparagraph (B) of ‘‘(iv) SAFE HARBOR AMOUNT.—For purposes
‘‘(1) elect not to receive payments under such section includes a program, which has of this subparagraph, the term ‘safe harbor
this section, and been approved by the Secretary, for making amount’ means, with respect to any taxable
‘‘(2) provide information to the Secretary advance payments under rules similar to the year, the product of—
which would be relevant to a modification rules of this section. ‘‘(I) $2,000, multiplied by
under subsection (b)(3)(B) of the annual ad- ‘‘(iii) TIMING OF PAYMENT.—The Secretary ‘‘(II) the excess (if any) of the number of
vance amount, including information regard- may pay, upon the request of the possession qualified children taken into account in de-
ing— of the United States to which the payment is termining the annual advance amount with
‘‘(A) a change in the number of the tax- to be made, the amount of the increase de- respect to the taxpayer under section 7527A
payer’s qualifying children, including by rea- termined under clause (i) or (ii) immediately with respect to months beginning in such
son of the birth of a child, upon approval of the plan referred to in such taxable year, over the number of qualified
‘‘(B) a change in the taxpayer’s marital clause, respectively. children taken into account in determining
status, ‘‘(f) APPLICATION.—No payments shall be the credit allowed under this section for such
‘‘(C) a significant change in the taxpayer’s made under the program established under taxable year.’’.
income, and subsection (a) with respect to— (3) COORDINATION WITH WAGE WITH-
‘‘(D) any other factor which the Secretary ‘‘(1) any period before July 1, 2021, or HOLDING.—Section 3402(f)(1)(C) of such Code
may provide. ‘‘(2) any period after December 31, 2021. is amended by striking ‘‘section 24(a)’’ and
‘‘(d) NOTICE OF PAYMENTS.—Not later than inserting ‘‘section 24 (determined after appli-
January 31 of the calendar year following ‘‘(g) REGULATIONS.—The Secretary shall
issue such regulations or other guidance as cation of subsection (j) thereof)’’.
any calendar year during which the Sec- (4) CONFORMING AMENDMENTS.—
retary makes one or more payments to any the Secretary determines necessary or ap-
propriate to carry out the purposes of this (A) Section 26(b)(2) of such Code is amend-
taxpayer under this section, the Secretary
section and subsections (i)(1) and (j) of sec- ed by striking ‘‘and’’ at the end of subpara-
shall provide such taxpayer with a written
tion 24, including regulations or other guid- graph (X), by striking the period at the end
notice which includes the taxpayer’s tax-
ance which provides for the application of of subparagraph (Y) and inserting ‘‘, and’’,
payer identity (as defined in section
6103(b)(6)), the aggregate amount of such such provisions where the filing status of the and by adding at the end the following new
payments made to such taxpayer during such taxpayer for a taxable year is different from subparagraph:
calendar year, and such other information as the status used for determining the annual ‘‘(Z) section 24(j)(2) (relating to excess ad-
the Secretary determines appropriate. advance amount.’’. vance payments).’’.
‘‘(e) ADMINISTRATIVE PROVISIONS.— (2) RECONCILIATION OF CREDIT AND ADVANCE (B) Section 6211(b)(4)(A) of such Code, as
‘‘(1) APPLICATION OF ELECTRONIC FUNDS PAY- CREDIT.—Section 24 of such Code, as amended amended by the preceding provisions of this
MENT REQUIREMENT.—The payments made by by the preceding provision of this Act, is subtitle, is amended—
the Secretary under subsection (a) shall be amended by adding at the end the following (i) by striking ‘‘24(d)’’ and inserting ‘‘24 by
made by electronic funds transfer to the new subsection: reason of subsections (d) and (i)(1) thereof’’,
same extent and in the same manner as if ‘‘(j) RECONCILIATION OF CREDIT AND AD- and
such payments were Federal payments not VANCE CREDIT.— (ii) by striking ‘‘and 6428B’’ and inserting
made under this title. ‘‘(1) IN GENERAL.—The amount of the credit ‘‘6428B, and 7527A’’.
‘‘(2) APPLICATION OF CERTAIN RULES.—Rules allowed under this section to any taxpayer (C) Paragraph (2) of section 1324(b) of title
similar to the rules of subparagraphs (B) and for any taxable year shall be reduced (but 31, United States Code, is amended—
(C) of section 6428A(f)(3) shall apply for pur- not below zero) by the aggregate amount of (i) by inserting ‘‘24,’’ before ‘‘25A’’, and
poses of this section. payments made under section 7527A to such (ii) by striking ‘‘ or 6431’’ and inserting
‘‘(3) EXCEPTION FROM REDUCTION OR OFF- taxpayer during such taxable year. Any fail- ‘‘6431, or 7527A’’.
SET.—Any payment made to any individual ure to so reduce the credit shall be treated as (D) The table of sections for chapter 77 of
under this section shall not be— arising out of a mathematical or clerical the Internal Revenue Code of 1986 is amended
‘‘(A) subject to reduction or offset pursu- error and assessed according to section by inserting after the item relating to sec-
ant to subsection (c), (d), (e), or (f) of section 6213(b)(1). tion 7527 the following new item:
6402, or ‘‘(2) EXCESS ADVANCE PAYMENTS.— ‘‘Sec. 7527A. Advance payment of child tax
‘‘(B) reduced or offset by other assessed ‘‘(A) IN GENERAL.—If the aggregate amount credit.’’.
Federal taxes that would otherwise be sub- of payments under section 7527A to the tax- (5) APPROPRIATIONS TO CARRY OUT ADVANCE
ject to levy or collection. payer during the taxable year exceeds the PAYMENTS.—Immediately upon the enact-
‘‘(4) APPLICATION OF ADVANCE PAYMENTS IN amount of the credit allowed under this sec- ment of this Act, in addition to amounts
THE POSSESSIONS OF THE UNITED STATES.— tion to such taxpayer for such taxable year otherwise available, there are appropriated
‘‘(A) IN GENERAL.—The advance payment (determined without regard to paragraph for fiscal year 2021, out of any money in the
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amount determined under this section shall (1)), the tax imposed by this chapter for such Treasury not otherwise appropriated:
be determined— taxable year shall be increased by the (A) $397,200,000 to remain available until
‘‘(i) by applying section 24(i)(1) without re- amount of such excess. Any failure to so in- September 30, 2022, for necessary expenses
gard to the phrase ‘or is a bona fide resident crease the tax shall be treated as arising out for the Internal Revenue Service to carry
of Puerto Rico (within the meaning of sec- of a mathematical or clerical error and as- out this section (and the amendments made
tion 937(a))’, and sessed according to section 6213(b)(1). by this section), which shall supplement and
‘‘(ii) without regard to section ‘‘(B) SAFE HARBOR BASED ON MODIFIED AD- not supplant any other appropriations that
24(k)(3)(C)(ii)(I). JUSTED GROSS INCOME.— may be available for this purpose, and
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S1168 CONGRESSIONAL RECORD — SENATE March 4, 2021
(B) $16,200,000 to remain available until years beginning after 2020 if the provisions of to administer) a plan under part B or part E
September 30, 2022, for necessary expenses this section had been in effect in American of title IV of the Social Security Act (with-
for the Bureau of the Fiscal Service to carry Samoa (applied as if American Samoa were out regard to whether Federal assistance was
out this section (and the amendments made the United States and without regard to the provided with respect to such child under
by this section), which shall supplement and application of this section to bona fide resi- such part E), and
not supplant any other appropriations that dents of Puerto Rico under subsection (i)(1)). ‘‘(ii) provides (in such manner as the Sec-
may be available for this purpose. ‘‘(B) DISTRIBUTION REQUIREMENT.—Subpara- retary may provide) consent for entities
(c) EFFECTIVE DATE.— graph (A) shall not apply unless American which administer a plan under part B or part
(1) IN GENERAL.—The amendments made by Samoa has a plan, which has been approved E of title IV of the Social Security Act to
this section shall apply to taxable years be- by the Secretary, under which American disclose to the Secretary information related
ginning after December 31, 2020. Samoa will promptly distribute such pay- to the status of such individual as a qualified
(2) ESTABLISHMENT OF ADVANCE PAYMENT ments to its residents. former foster youth.
PROGRAM.—The Secretary of the Treasury (or ‘‘(C) COORDINATION WITH CREDIT ALLOWED ‘‘(E) QUALIFIED HOMELESS YOUTH.—For pur-
the Secretary’s designee) shall establish the AGAINST UNITED STATES INCOME TAXES.— poses of this paragraph, the term ‘qualified
program described in section 7527A of the In- ‘‘(i) IN GENERAL.—In the case of a taxable homeless youth’ means, with respect to any
ternal Revenue Code of 1986 as soon as prac- year with respect to which a plan is approved taxable year, an individual who certifies, in
ticable after the date of the enactment of under subparagraph (B), this section (other a manner as provided by the Secretary, that
this Act, except that the Secretary shall en- than this subsection) shall not apply to any such individual is either an unaccompanied
sure that the timing of the establishment of individual eligible for a distribution under youth who is a homeless child or youth, or is
such program does not interfere with car- such plan. unaccompanied, at risk of homelessness, and
rying out section 6428B(g) as rapidly as pos- ‘‘(ii) APPLICATION OF SECTION IN EVENT OF self-supporting.
sible. ABSENCE OF APPROVED PLAN.—In the case of a ‘‘(2) ELIMINATION OF MAXIMUM AGE FOR
SEC. 9612. APPLICATION OF CHILD TAX CREDIT taxable year with respect to which a plan is CREDIT.—Subsection (c)(1)(A)(ii)(II) shall be
IN POSSESSIONS.
not approved under subparagraph (B)— applied without regard to the phrase ‘but not
(a) IN GENERAL.—Section 24 of the Internal
‘‘(I) if such taxable year begins in 2021, sub- attained age 65’.
Revenue Code of 1986, as amended by the pre-
section (i)(1) shall be applied by substituting ‘‘(3) INCREASE IN CREDIT AND PHASEOUT PER-
ceding provisions of this Act, is amended by
‘bona fide resident of Puerto Rico or Amer- CENTAGES.—The table contained in sub-
adding at the end the following new sub-
ican Samoa’ for ‘bona fide resident of Puerto section (b)(1) shall be applied by substituting
section:
‘‘(k) APPLICATION OF CREDIT IN POSSES- Rico’, and ‘15.3’ for ‘7.65’ each place it appears therein.
SIONS.— ‘‘(II) if such taxable year begins after De- ‘‘(4) INCREASE IN EARNED INCOME AND PHASE-
‘‘(1) MIRROR CODE POSSESSIONS.— cember 31, 2021, rules similar to the rules of OUT AMOUNTS.—
‘‘(A) IN GENERAL.—The Secretary shall pay paragraph (2)(B) shall apply with respect to ‘‘(A) IN GENERAL.—The table contained in
to each possession of the United States with bona fide residents of American Samoa subsection (b)(2)(A) shall be applied—
a mirror code tax system amounts equal to (within the meaning of section 937(a)). ‘‘(i) by substituting ‘$9,820’ for ‘$4,220’, and
the loss (if any) to that possession by reason ‘‘(4) TREATMENT OF PAYMENTS.—For pur- ‘‘(ii) by substituting ‘$11,610’ for ‘$5,280’.
of the application of this section (determined poses of section 1324 of title 31, United States ‘‘(B) COORDINATION WITH INFLATION ADJUST-
without regard to this subsection) with re- Code, the payments under this subsection MENT.—Subsection (j) shall not apply to any
spect to taxable years beginning after 2020. shall be treated in the same manner as a re- dollar amount specified in this paragraph.’’.
Such amounts shall be determined by the fund due from a credit provision referred to (b) INFORMATION RETURN MATCHING.—As
Secretary based on information provided by in subsection (b)(2) of such section.’’. soon as practicable, the Secretary of the
the government of the respective possession. (b) EFFECTIVE DATE.—The amendments Treasury (or the Secretary’s delegate) shall
‘‘(B) COORDINATION WITH CREDIT ALLOWED made by this section shall apply to taxable develop and implement procedures to use in-
AGAINST UNITED STATES INCOME TAXES.—No years beginning after December 31, 2020. formation returns under section 6050S (relat-
credit shall be allowed under this section for PART 3—EARNED INCOME TAX CREDIT ing to returns relating to higher education
any taxable year to any individual to whom SEC. 9621. STRENGTHENING THE EARNED IN-
tuition and related expenses) to check the
a credit is allowable against taxes imposed COME TAX CREDIT FOR INDIVID- status of individuals as specified students for
by a possession of the United States with a UALS WITH NO QUALIFYING CHIL- purposes of section 32(n)(1)(B)(ii) of the In-
mirror code tax system by reason of the ap- DREN. ternal Revenue Code of 1986 (as added by this
plication of this section in such possession (a) SPECIAL RULES FOR 2021.—Section 32 of section).
for such taxable year. the Internal Revenue Code of 1986 is amended (c) EFFECTIVE DATE.—The amendment
‘‘(C) MIRROR CODE TAX SYSTEM.—For pur- by adding at the end the following new sub- made by this section shall apply to taxable
poses of this paragraph, the term ‘mirror section: years beginning after December 31, 2020.
code tax system’ means, with respect to any ‘‘(n) SPECIAL RULES FOR INDIVIDUALS WITH- SEC. 9622. TAXPAYER ELIGIBLE FOR CHILDLESS
possession of the United States, the income OUT QUALIFYING CHILDREN.—In the case of EARNED INCOME CREDIT IN CASE
tax system of such possession if the income any taxable year beginning after December OF QUALIFYING CHILDREN WHO
tax liability of the residents of such posses- 31, 2020, and before January 1, 2022— FAIL TO MEET CERTAIN IDENTIFICA-
TION REQUIREMENTS.
sion under such system is determined by ref- ‘‘(1) DECREASE IN MINIMUM AGE FOR CRED-
erence to the income tax laws of the United IT.— (a) IN GENERAL.—Section 32(c)(1) of the In-
States as if such possession were the United ‘‘(A) IN GENERAL.—Subsection ternal Revenue Code of 1986 is amended by
States. (c)(1)(A)(ii)(II) shall be applied by sub- striking subparagraph (F).
‘‘(2) PUERTO RICO.— stituting ‘the applicable minimum age’ for (b) EFFECTIVE DATE.—The amendment
‘‘(A) APPLICATION TO TAXABLE YEARS IN ‘age 25’. made by this section shall apply to taxable
2021.— ‘‘(B) APPLICABLE MINIMUM AGE.—For pur- years beginning after December 31, 2020.
‘‘(i) For application of refundable credit to poses of this paragraph, the term ‘applicable SEC. 9623. CREDIT ALLOWED IN CASE OF CER-
residents of Puerto Rico, see subsection minimum age’ means— TAIN SEPARATED SPOUSES.
(i)(1). ‘‘(i) except as otherwise provided in this (a) IN GENERAL.—Section 32(d) of the Inter-
‘‘(ii) For nonapplication of advance pay- subparagraph, age 19, nal Revenue Code of 1986 is amended—
ment to residents of Puerto Rico, see section ‘‘(ii) in the case of a specified student (1) by striking ‘‘MARRIED INDIVIDUALS.—In
7527A(e)(4)(A). (other than a qualified former foster youth the case of’’ and inserting the following:
‘‘(B) APPLICATION TO TAXABLE YEARS AFTER or a qualified homeless youth), age 24, and ‘‘MARRIED INDIVIDUALS.—
2021.—In the case of any bona fide resident of ‘‘(iii) in the case of a qualified former fos- ‘‘(1) IN GENERAL.—In the case of’’, and
Puerto Rico (within the meaning of section ter youth or a qualified homeless youth, age (2) by adding at the end the following new
937(a)) for any taxable year beginning after 18. paragraph:
December 31, 2021— ‘‘(C) SPECIFIED STUDENT.—For purposes of ‘‘(2) DETERMINATION OF MARITAL STATUS.—
‘‘(i) the credit determined under this sec- this paragraph, the term ‘specified student’ For purposes of this section—
tion shall be allowable to such resident, and means, with respect to any taxable year, an ‘‘(A) IN GENERAL.—Except as provided in
‘‘(ii) subsection (d)(1)(B)(ii) shall be applied individual who is an eligible student (as de- subparagraph (B), marital status shall be de-
without regard to the phrase ‘in the case of fined in section 25A(b)(3)) during at least 5 termined under section 7703(a).
a taxpayer with 3 or more qualifying chil- calendar months during the taxable year. ‘‘(B) SPECIAL RULE FOR SEPARATED
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dren’. ‘‘(D) QUALIFIED FORMER FOSTER YOUTH.— SPOUSE.—An individual shall not be treated
‘‘(3) AMERICAN SAMOA.— For purposes of this paragraph, the term as married if such individual—
‘‘(A) IN GENERAL.—The Secretary shall pay ‘qualified former foster youth’ means an in- ‘‘(i) is married (as determined under sec-
to American Samoa amounts estimated by dividual who— tion 7703(a)) and does not file a joint return
the Secretary as being equal to the aggre- ‘‘(i) on or after the date that such indi- for the taxable year,
gate benefits that would have been provided vidual attained age 14, was in foster care pro- ‘‘(ii) resides with a qualifying child of the
to residents of American Samoa by reason of vided under the supervision or administra- individual for more than one-half of such
the application of this section for taxable tion of an entity administering (or eligible taxable year, and
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March 4, 2021 CONGRESSIONAL RECORD — SENATE S1169
‘‘(iii)(I) during the last 6 months of such ‘‘(A) IN GENERAL.—The term ‘specified the Secretary shall, except as otherwise pro-
taxable year, does not have the same prin- matching amount’ means, with respect to vided in this subsection, make payments to
cipal place of abode as the individual’s any calendar year, the lesser of— American Samoa equal to—
spouse, or ‘‘(i) the excess (if any) of— ‘‘(A) the lesser of—
‘‘(II) has a decree, instrument, or agree- ‘‘(I) the cost to Puerto Rico of the earned ‘‘(i) the cost to American Samoa of the
ment (other than a decree of divorce) de- income tax credit for taxable years begin- earned income tax credit for taxable years
scribed in section 121(d)(3)(C) with respect to ning in or with such calendar year, over beginning in or with such calendar year, or
the individual’s spouse and is not a member ‘‘(II) the base amount for such calendar ‘‘(ii) $16,000,000, plus
of the same household with the individual’s year, or ‘‘(B) in the case of calendar years 2021
spouse by the end of the taxable year.’’. ‘‘(ii) the product of 3, multiplied by the through 2025, the lesser of—
(b) CONFORMING AMENDMENTS.— base amount for such calendar year. ‘‘(i) the expenditures made by American
(1) Section 32(c)(1)(A) of such Code is ‘‘(B) BASE AMOUNT.— Samoa during such calendar year for edu-
amended by striking the last sentence. ‘‘(i) BASE AMOUNT FOR 2021.—In the case of cation efforts with respect to individual tax-
(2) Section 32(c)(1)(E)(ii) of such Code is calendar year 2021, the term ‘base amount’ payers and tax return preparers relating to
amended by striking ‘‘(within the meaning of means the greater of— such earned income tax credit, or
section 7703)’’. ‘‘(I) the cost to Puerto Rico of the earned ‘‘(ii) $50,000.
(3) Section 32(d)(1) of such Code, as amend- income tax credit for taxable years begin- ‘‘(2) REQUIREMENT TO ENACT AND MAINTAIN
ed by subsection (a), is amended by striking ning in or with calendar year 2019 (rounded AN EARNED INCOME TAX CREDIT.—The Sec-
‘‘(within the meaning of section 7703)’’. to the nearest multiple of $1,000,000), or retary shall not make any payments under
(c) EFFECTIVE DATE.—The amendments ‘‘(II) $200,000,000. paragraph (1) with respect to any calendar
made by this section shall apply to taxable ‘‘(ii) INFLATION ADJUSTMENT.—In the case year unless American Samoa has in effect an
years beginning after December 31, 2020. of any calendar year after 2021, the term earned income tax credit for taxable years
SEC. 9624. MODIFICATION OF DISQUALIFIED IN- ‘base amount’ means the dollar amount de- beginning in or with such calendar year
VESTMENT INCOME TEST. termined under clause (i) increased by an which allows a refundable tax credit to indi-
(a) IN GENERAL.—Section 32(i) of the Inter- amount equal to— viduals on the basis of the taxpayer’s earned
nal Revenue Code of 1986 is amended by ‘‘(I) such dollar amount, multiplied by— income which is designed to substantially in-
striking ‘‘$2,200’’ and inserting ‘‘$10,000’’. ‘‘(II) the cost-of-living adjustment deter- crease workforce participation.
(b) INFLATION ADJUSTMENT.—Section mined under section 1(f)(3) for such calendar ‘‘(3) INFLATION ADJUSTMENT.—In the case of
32(j)(1) of such Code is amended— year, determined by substituting ‘calendar any calendar year after 2021, the $16,000,000
(1) in the matter preceding subparagraph year 2020’ for ‘calendar year 2016’ in subpara- amount in paragraph (1)(A)(ii) shall be in-
(A), by inserting ‘‘(2021 in the case of the dol- graph (A)(ii) thereof. creased by an amount equal to—
lar amount in subsection (i)(1))’’ after ‘‘2015’’, Any amount determined under this clause ‘‘(A) such dollar amount, multiplied by—
(2) in subparagraph (B)(i)— shall be rounded to the nearest multiple of ‘‘(B) the cost-of-living adjustment deter-
(A) by striking ‘‘subsections (b)(2)(A) and $1,000,000. mined under section 1(f)(3) for such calendar
(i)(1)’’ and inserting ‘‘subsection (b)(2)(A)’’, ‘‘(4) RULES RELATED TO PAYMENTS.— year, determined by substituting ‘calendar
and ‘‘(A) TIMING OF PAYMENTS.—The Secretary year 2020’ for ‘calendar year 2016’ in subpara-
(B) by striking ‘‘and’’ at the end, shall make payments under paragraph (1) for graph (A)(ii) thereof.
(3) by striking the period at the end of sub- any calendar year— Any increase determined under this clause
paragraph (B)(ii) and inserting ‘‘, and’’, and ‘‘(i) after receipt of such information as shall be rounded to the nearest multiple of
(4) by inserting after subparagraph (B)(ii) the Secretary may require to determine such $100,000.
the following new clause: payments, and ‘‘(4) APPLICATION OF CERTAIN RULES.—Rules
‘‘(iii) in the case of the $10,000 amount in ‘‘(ii) except as provided in clause (i), within similar to the rules of subparagraphs (A),
subsection (i)(1), ‘calendar year 2020’ for ‘cal- a reasonable period of time before the due (B), and (C) of subsection (a)(4) shall apply
endar year 2016’.’’. date for individual income tax returns (as de- for purposes of this subsection.
(c) EFFECTIVE DATE.—The amendments ‘‘(d) TREATMENT OF PAYMENTS.—For pur-
termined under the laws of Puerto Rico) for
made by this section shall apply to taxable poses of section 1324 of title 31, United States
taxable years which began on the first day of
years beginning after December 31, 2020. Code, the payments under this section shall
such calendar year.
SEC. 9625. APPLICATION OF EARNED INCOME TAX be treated in the same manner as a refund
CREDIT IN POSSESSIONS OF THE ‘‘(B) INFORMATION.—The Secretary may re-
UNITED STATES. quire the reporting of such information as due from a credit provision referred to in
the Secretary may require to carry out this subsection (b)(2) of such section.’’.
(a) IN GENERAL.—Chapter 77 of the Internal
subsection. (b) CLERICAL AMENDMENT.—The table of
Revenue Code of 1986 is amended by adding sections for chapter 77 of the Internal Rev-
at the end the following new section: ‘‘(C) DETERMINATION OF COST OF EARNED IN-
COME TAX CREDIT.—For purposes of this sub-
enue Code of 1986 is amended by adding at
‘‘SEC. 7530. APPLICATION OF EARNED INCOME
section, the cost to Puerto Rico of the the end the following new item:
TAX CREDIT TO POSSESSIONS OF
‘‘Sec. 7530. Application of earned income tax
THE UNITED STATES. earned income tax credit shall be determined
credit to possessions of the
‘‘(a) PUERTO RICO.— by the Secretary on the basis of the laws of
United States.’’.
‘‘(1) IN GENERAL.—With respect to calendar Puerto Rico and shall include reductions in
SEC. 9626. TEMPORARY SPECIAL RULE FOR DE-
year 2021 and each calendar year thereafter, revenues received by Puerto Rico by reason TERMINING EARNED INCOME FOR
the Secretary shall, except as otherwise pro- of such credit and refunds attributable to PURPOSES OF EARNED INCOME TAX
vided in this subsection, make payments to such credit, but shall not include any admin- CREDIT.
Puerto Rico equal to— istrative costs with respect to such credit. (a) IN GENERAL.—If the earned income of
‘‘(A) the specified matching amount for ‘‘(b) POSSESSIONS WITH MIRROR CODE TAX the taxpayer for the taxpayer’s first taxable
such calendar year, plus SYSTEMS.— year beginning in 2021 is less than the earned
‘‘(B) in the case of calendar years 2021 ‘‘(1) IN GENERAL.—With respect to calendar income of the taxpayer for the taxpayer’s
through 2025, the lesser of— year 2021 and each calendar year thereafter, first taxable year beginning in 2019, the cred-
‘‘(i) the expenditures made by Puerto Rico the Secretary shall, except as otherwise pro- it allowed under section 32 of the Internal
during such calendar year for education ef- vided in this subsection, make payments to Revenue Code of 1986 may, at the election of
forts with respect to individual taxpayers the Virgin Islands, Guam, and the Common- the taxpayer, be determined by substituting-
and tax return preparers relating to the wealth of the Northern Mariana Islands —
earned income tax credit, or equal to— (1) such earned income for the taxpayer’s
‘‘(ii) $1,000,000. ‘‘(A) the cost to such possession of the first taxable year beginning in 2019, for
‘‘(2) REQUIREMENT TO REFORM EARNED IN- earned income tax credit for taxable years (2) such earned income for the taxpayer’s
COME TAX CREDIT.—The Secretary shall not beginning in or with such calendar year, plus first taxable year beginning in 2021.
make any payments under paragraph (1) ‘‘(B) in the case of calendar years 2021 (b) EARNED INCOME.—
with respect to any calendar year unless through 2025, the lesser of— (1) IN GENERAL.—For purposes of this sec-
Puerto Rico has in effect an earned income ‘‘(i) the expenditures made by such posses- tion, the term ‘‘earned income’’ has the
tax credit for taxable years beginning in or sion during such calendar year for education meaning given such term under section 32(c)
with such calendar year which (relative to efforts with respect to individual taxpayers of the Internal Revenue Code of 1986.
the earned income tax credit which was in and tax return preparers relating to such (2) APPLICATION TO JOINT RETURNS.—For
effect for taxable years beginning in or with earned income tax credit, or purposes of subsection (a), in the case of a
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calendar year 2019) increases the percentage ‘‘(ii) $50,000. joint return, the earned income of the tax-
of earned income which is allowed as a credit ‘‘(2) APPLICATION OF CERTAIN RULES.—Rules payer for the first taxable year beginning in
for each group of individuals with respect to similar to the rules of subparagraphs (A), 2019 shall be the sum of the earned income of
which such percentage is separately stated (B), and (C) of subsection (a)(4) shall apply each spouse for such taxable year.
or determined in a manner designed to sub- for purposes of this subsection. (c) SPECIAL RULES.—
stantially increase workforce participation. ‘‘(c) AMERICAN SAMOA.— (1) ERRORS TREATED AS MATHEMATICAL ER-
‘‘(3) SPECIFIED MATCHING AMOUNT.—For pur- ‘‘(1) IN GENERAL.—With respect to calendar RORS.—For purposes of section 6213 of the In-
poses of this subsection— year 2021 and each calendar year thereafter, ternal Revenue Code of 1986, an incorrect use
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S1170 CONGRESSIONAL RECORD — SENATE March 4, 2021
on a return of earned income pursuant to ‘‘(4) APPLICATION OF PHASEOUT TO HIGH IN- adding at the end the following new subpara-
subsection (a) shall be treated as a mathe- COME INDIVIDUALS.— graph:
matical or clerical error. ‘‘(A) IN GENERAL.—Subsection (a)(2) shall ‘‘(D) SPECIAL RULE FOR 2021.—In the case of
(2) NO EFFECT ON DETERMINATION OF GROSS be applied by substituting ‘the phaseout per- any taxable year beginning after December
INCOME, ETC.—Except as otherwise provided centage’ for ‘20 percent’. 31, 2020, and before January 1, 2022, subpara-
in this subsection, the Internal Revenue ‘‘(B) PHASEOUT PERCENTAGE.—The term graph (A) shall be applied be substituting
Code of 1986 shall be applied without regard ‘phaseout percentage’ means 20 percent re- ‘$10,500 (half such dollar amount’ for ‘$5,000
to any substitution under subsection (a). duced (but not below zero) by 1 percentage ($2,500’.’’.
(d) TREATMENT OF CERTAIN POSSESSIONS.— point for each $2,000 (or fraction thereof) by (b) EFFECTIVE DATE.—The amendment
(1) PAYMENTS TO POSSESSIONS WITH MIRROR which the taxpayer’s adjusted gross income made by this section shall apply to taxable
CODE TAX SYSTEMS.—The Secretary of the for the taxable year exceeds $400,000.’’. years beginning after December 31, 2020.
Treasury shall pay to each possession of the (b) APPLICATION OF CREDIT IN POSSES- (c) RETROACTIVE PLAN AMENDMENTS.—A
United States which has a mirror code tax SIONS.—Section 21 of such Code, as amended plan that otherwise satisfies all applicable
system amounts equal to the loss (if any) to by subsection (a), is amended by adding at requirements of sections 125 and 129 of the
that possession by reason of the application the end the following new subsection: Internal Revenue Code of 1986 (including any
of the provisions of this section (other than ‘‘(h) APPLICATION OF CREDIT IN POSSES- rules or regulations thereunder) shall not
this subsection) with respect to section 32 of SIONS.— fail to be treated as a cafeteria plan or de-
the Internal Revenue Code of 1986. Such ‘‘(1) PAYMENT TO POSSESSIONS WITH MIRROR pendent care assistance program merely be-
amounts shall be determined by the Sec- CODE TAX SYSTEMS.—The Secretary shall pay cause such plan is amended pursuant to a
retary of the Treasury based on information to each possession of the United States with provision under this section and such amend-
provided by the government of the respective a mirror code tax system amounts equal to ment is retroactive, if—
possession. the loss (if any) to that possession by reason (1) such amendment is adopted no later
(2) PAYMENTS TO OTHER POSSESSIONS.—The of the application of this section (determined than the last day of the plan year in which
Secretary of the Treasury shall pay to each without regard to this subsection) with re- the amendment is effective, and
possession of the United States which does spect to taxable years beginning in or with (2) the plan is operated consistent with the
not have a mirror code tax system amounts 2021. Such amounts shall be determined by terms of such amendment during the period
estimated by the Secretary of the Treasury the Secretary based on information provided beginning on the effective date of the amend-
as being equal to the aggregate benefits (if by the government of the respective posses- ment and ending on the date the amendment
any) that would have been provided to resi- sion. is adopted.
dents of such possession by reason of the pro- ‘‘(2) PAYMENTS TO OTHER POSSESSIONS.—The PART 5—CREDITS FOR PAID SICK AND
visions of this section (other than this sub- Secretary shall pay to each possession of the FAMILY LEAVE
section) with respect to section 32 of the In- United States which does not have a mirror SEC. 9641. PAYROLL CREDITS.
ternal Revenue Code of 1986 if a mirror code code tax system amounts estimated by the
tax system had been in effect in such posses- (a) IN GENERAL.—Chapter 21 of the Internal
Secretary as being equal to the aggregate
sion. The preceding sentence shall not apply Revenue Code of 1986 is amended by adding
benefits that would have been provided to
unless the respective possession has a plan, at the end the following new subchapter:
residents of such possession by reason of this
which has been approved by the Secretary of section with respect to taxable years begin- ‘‘Subchapter D—Credits
the Treasury, under which such possession ning in or with 2021 if a mirror code tax sys- ‘‘Sec. 3131. Credit for paid sick leave.
will promptly distribute such payments to tem had been in effect in such possession. ‘‘Sec. 3132. Payroll credit for paid family
its residents. The preceding sentence shall not apply un- leave.
(3) MIRROR CODE TAX SYSTEM.—For pur- less the respective possession has a plan, ‘‘Sec. 3133. Special rule related to tax on
poses of this section, the term ‘‘mirror code which has been approved by the Secretary, employers.
tax system’’ means, with respect to any pos- under which such possession will promptly ‘‘SEC. 3131. CREDIT FOR PAID SICK LEAVE.
session of the United States, the income tax distribute such payments to its residents. ‘‘(a) IN GENERAL.—In the case of an em-
system of such possession if the income tax ‘‘(3) COORDINATION WITH CREDIT ALLOWED ployer, there shall be allowed as a credit
liability of the residents of such possession AGAINST UNITED STATES INCOME TAXES.—In against applicable employment taxes for
under such system is determined by ref- the case of any taxable year beginning in or each calendar quarter an amount equal to
erence to the income tax laws of the United with 2021, no credit shall be allowed under 100 percent of the qualified sick leave wages
States as if such possession were the United this section to any individual— paid by such employer with respect to such
States. ‘‘(A) to whom a credit is allowable against calendar quarter.
(4) TREATMENT OF PAYMENTS.—For pur- taxes imposed by a possession with a mirror ‘‘(b) LIMITATIONS AND REFUNDABILITY.—
poses of section 1324 of title 31, United States code tax system by reason of this section, or ‘‘(1) WAGES TAKEN INTO ACCOUNT.—The
Code, the payments under this section shall ‘‘(B) who is eligible for a payment under a amount of qualified sick leave wages taken
be treated in the same manner as a refund plan described in paragraph (2). into account under subsection (a), plus any
due from a credit provision referred to in ‘‘(4) MIRROR CODE TAX SYSTEM.—For pur- increases under subsection (e), with respect
subsection (b)(2) of such section. poses of this subsection, the term ‘mirror to any individual shall not exceed $200 ($511
PART 4—DEPENDENT CARE ASSISTANCE code tax system’ means, with respect to any in the case of any day any portion of which
SEC. 9631. REFUNDABILITY AND ENHANCEMENT possession of the United States, the income is paid sick time described in paragraph (1),
OF CHILD AND DEPENDENT CARE tax system of such possession if the income (2), or (3) of section 5102(a) of the Emergency
TAX CREDIT. tax liability of the residents of such posses- Paid Sick Leave Act, applied with the modi-
(a) IN GENERAL.—Section 21 of the Internal sion under such system is determined by ref- fication described in subsection (c)(2)(A)(i))
Revenue Code of 1986 is amended by adding erence to the income tax laws of the United for any day (or portion thereof) for which the
at the end the following new subsection: States as if such possession were the United individual is paid qualified sick leave wages.
‘‘(g) SPECIAL RULES FOR 2021.—In the case States. ‘‘(2) OVERALL LIMITATION ON NUMBER OF
of any taxable year beginning after Decem- ‘‘(5) TREATMENT OF PAYMENTS.—For pur- DAYS TAKEN INTO ACCOUNT.—The aggregate
ber 31, 2020, and before January 1, 2022— poses of section 1324 of title 31, United States number of days taken into account under
‘‘(1) CREDIT MADE REFUNDABLE.—If the tax- Code, the payments under this subsection paragraph (1) for any calendar quarter shall
payer (in the case of a joint return, either shall be treated in the same manner as a re- not exceed the excess (if any) of—
spouse) has a principal place of abode in the fund due from a credit provision referred to ‘‘(A) 10, over
United States (determined as provided in in subsection (b)(2) of such section.’’. ‘‘(B) the aggregate number of days so
section 32) for more than one-half of the tax- (c) CONFORMING AMENDMENTS.— taken into account during preceding cal-
able year, the credit allowed under sub- (1) Section 6211(b)(4)(A) of such Code, as endar quarters in such calendar year (other
section (a) shall be treated as a credit al- amended by the preceding provisions of this than the first quarter of calendar year 2021).
lowed under subpart C (and not allowed Act, is amended by inserting ‘‘21 by reason of ‘‘(3) CREDIT LIMITED TO CERTAIN EMPLOY-
under this subpart). subsection (g) thereof,’’ before ‘‘24’’. MENT TAXES.—The credit allowed by sub-
‘‘(2) INCREASE IN DOLLAR LIMIT ON AMOUNT (2) Section 1324(b)(2) of title 31, United section (a) with respect to any calendar
CREDITABLE.—Subsection (c) shall be ap- States Code (as amended by the preceding quarter shall not exceed the applicable em-
plied— provisions of this title), is amended by in- ployment taxes for such calendar quarter on
‘‘(A) by substituting ‘$8,000’ for ‘$3,000’ in serting ‘‘21,’’ before ‘‘24’’. the wages paid with respect to the employ-
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paragraph (1) thereof, and (d) EFFECTIVE DATE.—The amendments ment of all employees of the employer.
‘‘(B) by substituting ‘$16,000’ for ‘$6,000’ in made by this section shall apply to taxable ‘‘(4) REFUNDABILITY OF EXCESS CREDIT.—
paragraph (2) thereof. years beginning after December 31, 2020. ‘‘(A) CREDIT IS REFUNDABLE.—If the amount
‘‘(3) INCREASE IN APPLICABLE PERCENTAGE.— SEC. 9632. INCREASE IN EXCLUSION FOR EM- of the credit under subsection (a) exceeds the
Subsection (a)(2) shall be applied— PLOYER-PROVIDED DEPENDENT limitation of paragraph (3) for any calendar
‘‘(A) by substituting ‘50 percent’ for ‘35 per- CARE ASSISTANCE. quarter, such excess shall be treated as an
cent ’, and (a) IN GENERAL.—Section 129(a)(2) of the In- overpayment that shall be refunded under
‘‘(B) by substituting ‘$125,000’ for ‘$15,000’. ternal Revenue Code of 1986 is amended by sections 6402(a) and 6413(b).
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March 4, 2021 CONGRESSIONAL RECORD — SENATE S1171
‘‘(B) ADVANCING CREDIT.—In anticipation of the qualified sick leave wages for which such gram contributions allocated to qualified
the credit, including the refundable portion credit is so allowed, plus sick leave wages for any calendar quarter
under subparagraph (A), the credit shall be ‘‘(B) so much of the employer’s collectively shall be the product of—
advanced, according to forms and instruc- bargained apprenticeship program contribu- ‘‘(i) the apprenticeship program contribu-
tions provided by the Secretary, up to an tions as are properly allocable to the quali- tion rate (expressed as an hourly rate), and
amount calculated under subsection (a), sub- fied sick leave wages for which such credit is ‘‘(ii) the number of hours for which quali-
ject to the limits under paragraph (1) and (2), so allowed. fied sick leave wages were provided to em-
all calculated through the end of the most ‘‘(2) COLLECTIVELY BARGAINED DEFINED BEN- ployees covered under the collective bar-
recent payroll period in the quarter. EFIT PENSION PLAN CONTRIBUTIONS.—For pur- gaining agreement described in subpara-
‘‘(c) QUALIFIED SICK LEAVE WAGES.—For poses of this subsection— graph (A)(iii) during the calendar quarter.
purposes of this section— ‘‘(A) IN GENERAL.—The term ‘collectively ‘‘(f) DEFINITIONS AND SPECIAL RULES.—
‘‘(1) IN GENERAL.—The term ‘qualified sick bargained defined benefit pension plan con- ‘‘(1) APPLICABLE EMPLOYMENT TAXES.—For
leave wages’ means wages paid by an em- tributions’ means, with respect to any cal- purposes of this section, the term ‘applicable
ployer which would be required to be paid by endar quarter, contributions which— employment taxes’ means the following:
reason of the Emergency Paid Sick Leave ‘‘(i) are paid or incurred by an employer ‘‘(A) The taxes imposed under section
Act as if such Act applied after March 31, during the calendar quarter on behalf of its
3111(b).
2021. employees to a defined benefit plan (as de-
‘‘(2) RULES OF APPLICATION.—For purposes ‘‘(B) So much of the taxes imposed under
fined in section 414(j)), which meets the re-
of determining whether wages are qualified section 3221(a) as are attributable to the rate
quirements of section 401(a),
sick leave wages under paragraph (1)— in effect under section 3111(b).
‘‘(ii) are made based on a pension contribu-
‘‘(A) IN GENERAL.—The Emergency Paid ‘‘(2) WAGES.—For purposes of this section,
tion rate, and
Sick Leave Act shall be applied— the term ‘wages’ means wages (as defined in
‘‘(iii) are required to be made pursuant to
‘‘(i) by inserting ‘, the employee is seeking section 3121(a), determined without regard to
the terms of a collective bargaining agree-
or awaiting the results of a diagnostic test paragraphs (1) through (22) of section 3121(b))
ment in effect with respect to such calendar
for, or a medical diagnosis of, COVID-19 and and compensation (as defined in section
quarter.
such employee has been exposed to COVID-19 3231(e), determined without regard to the
‘‘(B) PENSION CONTRIBUTION RATE.—The
or the employee’s employer has requested term ‘pension contribution rate’ means the sentence in paragraph (1) thereof which be-
such test or diagnosis, or the employee is ob- contribution rate that the employer is obli- gins ‘Such term does not include remunera-
taining immunization related to COVID–19 gated to pay on behalf of its employees under tion’).
or recovering from any injury, disability, ill- the terms of a collective bargaining agree- ‘‘(3) DENIAL OF DOUBLE BENEFIT.—For pur-
ness, or condition related to such immuniza- ment for benefits under a defined benefit poses of chapter 1, the gross income of the
tion’ after ‘medical diagnosis’ in section plan under such agreement, as such rate is employer, for the taxable year which in-
5102(a)(3) thereof, and applied to contribution base units (as defined cludes the last day of any calendar quarter
‘‘(ii) by applying section 5102(b)(1) of such by section 4001(a)(11) of the Employee Retire- with respect to which a credit is allowed
Act separately with respect to each calendar ment Income Security Act of 1974 (29 U.S.C. under this section, shall be increased by the
year after 2020 (and, in the case of calendar 1301(a)(11)). amount of such credit. Any wages taken into
year 2021, without regard to the first quarter ‘‘(C) ALLOCATION RULES.—The amount of account in determining the credit allowed
thereof). collectively bargained defined benefit pen- under this section shall not be taken into ac-
‘‘(B) LEAVE MUST MEET REQUIREMENTS.—If sion plan contributions allocated to qualified count for purposes of determining the credit
an employer fails to comply with any re- sick leave wages for any calendar quarter allowed under sections 45A, 45P, 45S, 51, 3132,
quirement of such Act (determined without shall be the product of— and 3134. In the case of any credit allowed
regard to section 5109 thereof) with respect ‘‘(i) the pension contribution rate (ex- under section 2301 of the CARES Act or sec-
to paid sick time (as defined in section 5110 pressed as an hourly rate), and tion 41 with respect to wages taken into ac-
of such Act), amounts paid by such employer ‘‘(ii) the number of hours for which quali- count under this section, the credit allowed
with respect to such paid sick time shall not fied sick leave wages were provided to em- under this section shall be reduced by the
be taken into account as qualified sick leave ployees covered under the collective bar- portion of the credit allowed under such sec-
wages. For purposes of the preceding sen- gaining agreement described in subpara- tion 2301 or section 41 which is attributable
tence, an employer which takes an action de- graph (A)(iii) during the calendar quarter. to such wages.
scribed in section 5104 of such Act shall be ‘‘(3) COLLECTIVELY BARGAINED APPRENTICE- ‘‘(4) ELECTION TO NOT TAKE CERTAIN WAGES
treated as failing to meet a requirement of SHIP PROGRAM CONTRIBUTIONS.—For purposes INTO ACCOUNT.—This section shall not apply
such Act. of this section— to so much of the qualified sick leave wages
‘‘(d) ALLOWANCE OF CREDIT FOR CERTAIN ‘‘(A) IN GENERAL.—The term ‘collectively paid by an eligible employer as such em-
HEALTH PLAN EXPENSES.— bargained apprenticeship program contribu- ployer elects (at such time and in such man-
‘‘(1) IN GENERAL.—The amount of the credit tions’ means, with respect to any calendar ner as the Secretary may prescribe) to not
allowed under subsection (a) shall be in- quarter, contributions which— take into account for purposes of this sec-
creased by so much of the employer’s quali- ‘‘(i) are paid or incurred by an employer on tion.
fied health plan expenses as are properly al- behalf of its employees with respect to the ‘‘(5) CERTAIN GOVERNMENTAL EMPLOYERS.—
locable to the qualified sick leave wages for calendar quarter to a registered apprentice- No credit shall be allowed under this section
which such credit is so allowed. ship program, to the Government of the United States or to
‘‘(2) QUALIFIED HEALTH PLAN EXPENSES.— ‘‘(ii) are made based on an apprenticeship any agency or instrumentality thereof. The
For purposes of this subsection, the term program contribution rate, and preceding sentence shall not apply to any or-
‘qualified health plan expenses’ means ‘‘(iii) are required to be made pursuant to ganization described in section 501(c)(1) and
amounts paid or incurred by the employer to the terms of a collective bargaining agree- exempt from tax under section 501(a).
provide and maintain a group health plan (as ment that is in effect with respect to such ‘‘(6) EXTENSION OF LIMITATION ON ASSESS-
defined in section 5000(b)(1)), but only to the calendar quarter. MENT.—Notwithstanding section 6501, the
extent that such amounts are excluded from ‘‘(B) REGISTERED APPRENTICESHIP PRO- limitation on the time period for the assess-
the gross income of employees by reason of GRAM.—The term ‘registered apprenticeship ment of any amount attributable to a credit
section 106(a). program’ means an apprenticeship registered claimed under this section shall not expire
‘‘(3) ALLOCATION RULES.—For purposes of under the Act of August 16, 1937 (commonly before the date that is 5 years after the later
this section, qualified health plan expenses known as the ‘National Apprenticeship Act’; of—
shall be allocated to qualified sick leave 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.) ‘‘(A) the date on which the original return
wages in such manner as the Secretary may that meets the standards of subpart A of part which includes the calendar quarter with re-
prescribe. Except as otherwise provided by 29 and part 30 of title 29, Code of Federal spect to which such credit is determined is
the Secretary, such allocation shall be treat- Regulations. filed, or
ed as properly made if made on the basis of ‘‘(C) APPRENTICESHIP PROGRAM CONTRIBU- ‘‘(B) the date on which such return is
being pro rata among covered employees and TION RATE.—The term ‘apprenticeship pro- treated as filed under section 6501(b)(2).
pro rata on the basis of periods of coverage gram contribution rate’ means the contribu- ‘‘(7) COORDINATION WITH CERTAIN PRO-
(relative to the time periods of leave to tion rate that the employer is obligated to GRAMS.—
which such wages relate). pay on behalf of its employees under the ‘‘(A) IN GENERAL.—This section shall not
‘‘(e) ALLOWANCE OF CREDIT FOR AMOUNTS terms of a collective bargaining agreement apply to so much of the qualified sick leave
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PAID UNDER CERTAIN COLLECTIVELY BAR- for benefits under a registered apprentice- wages paid by an eligible employer as are
GAINED AGREEMENTS.— ship program under such agreement, as such taken into account as payroll costs in con-
‘‘(1) IN GENERAL.—The amount of the credit rate is applied to contribution base units (as nection with—
allowed under subsection (a) shall be in- defined by section 4001(a)(11) of the Em- ‘‘(i) a covered loan under section 7(a)(37) or
creased by the sum of— ployee Retirement Income Security Act of 7A of the Small Business Act,
‘‘(A) so much of the employer’s collec- 1974 (29 U.S.C. 1301(a)(11)). ‘‘(ii) a grant under section 324 of the Eco-
tively bargained defined benefit pension plan ‘‘(D) ALLOCATION RULES.—The amount of nomic Aid to Hard-Hit Small Businesses,
contributions as are properly allocable to collectively bargained apprenticeship pro- Non-Profits, and Venues Act, or
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S1172 CONGRESSIONAL RECORD — SENATE March 4, 2021
‘‘(iii) a restaurant revitalization grant ‘‘(b) LIMITATIONS AND REFUNDABILITY.— paid by such employer with respect to such
under section 5003 of the American Rescue ‘‘(1) WAGES TAKEN INTO ACCOUNT.—The leave shall not be taken into account as
Plan Act of 2021. amount of qualified family leave wages qualified family leave wages. For purposes of
‘‘(B) APPLICATION WHERE PPP LOANS NOT taken into account under subsection (a), plus the preceding sentence, an employer which
FORGIVEN.—The Secretary shall issue guid- any increases under subsection (e), with re- takes an action described in section 105 of
ance providing that payroll costs paid during spect to any individual shall not exceed— the Family and Medical Leave Act of 1993
the covered period shall not fail to be treated ‘‘(A) for any day (or portion thereof) for shall be treated as failing to meet a require-
as qualified sick leave wages under this sec- which the individual is paid qualified family ment of such Act.
tion by reason of subparagraph (A)(i) to the leave wages, $200, and ‘‘(d) ALLOWANCE OF CREDIT FOR CERTAIN
extent that— ‘‘(B) in the aggregate with respect to all HEALTH PLAN EXPENSES.—
‘‘(i) a covered loan of the taxpayer under calendar quarters, $12,000. ‘‘(1) IN GENERAL.—The amount of the credit
section 7(a)(37) of the Small Business Act is ‘‘(2) CREDIT LIMITED TO CERTAIN EMPLOY- allowed under subsection (a) shall be in-
not forgiven by reason of a decision under MENT TAXES.—The credit allowed by sub- creased by so much of the employer’s quali-
section 7(a)(37)(J) of such Act, or section (a) with respect to any calendar fied health plan expenses as are properly al-
‘‘(ii) a covered loan of the taxpayer under quarter shall not exceed the applicable em- locable to the qualified family leave wages
section 7A of the Small Business Act is not ployment taxes for such calendar quarter for which such credit is so allowed.
forgiven by reason of a decision under sec- (reduced by any credits allowed under sec- ‘‘(2) QUALIFIED HEALTH PLAN EXPENSES.—
tion 7A(g) of such Act. tion 3131) on the wages paid with respect to For purposes of this subsection, the term
Terms used in the preceding sentence which the employment of all employees of the em- ‘qualified health plan expenses’ means
are also used in section 7A(g) or 7(a)(37)(J) of ployer. amounts paid or incurred by the employer to
the Small Business Act shall, when applied ‘‘(3) REFUNDABILITY OF EXCESS CREDIT.— provide and maintain a group health plan (as
in connection with either such section, have ‘‘(A) CREDIT IS REFUNDABLE.—If the amount defined in section 5000(b)(1)), but only to the
the same meaning as when used in such sec- of the credit under subsection (a) exceeds the extent that such amounts are excluded from
tion, respectively. limitation of paragraph (2) for any calendar the gross income of employees by reason of
‘‘(g) REGULATIONS.—The Secretary shall quarter, such excess shall be treated as an section 106(a).
prescribe such regulations or other guidance overpayment that shall be refunded under ‘‘(3) ALLOCATION RULES.—For purposes of
as may be necessary to carry out the pur- sections 6402(a) and 6413(b). this section, qualified health plan expenses
poses of this section, including— ‘‘(B) ADVANCING CREDIT.—In anticipation of shall be allocated to qualified family leave
‘‘(1) regulations or other guidance to pre- the credit, including the refundable portion wages in such manner as the Secretary may
vent the avoidance of the purposes of the under subparagraph (A), the credit shall be prescribe. Except as otherwise provided by
limitations under this section, advanced, according to forms and instruc- the Secretary, such allocation shall be treat-
‘‘(2) regulations or other guidance to mini- tions provided by the Secretary, up to an ed as properly made if made on the basis of
mize compliance and record-keeping burdens amount calculated under subsection (a), sub- being pro rata among covered employees and
under this section, ject to the limits under paragraph (1) and (2), pro rata on the basis of periods of coverage
‘‘(3) regulations or other guidance pro- all calculated through the end of the most (relative to the time periods of leave to
viding for waiver of penalties for failure to recent payroll period in the quarter. which such wages relate).
deposit amounts in anticipation of the allow- ‘‘(c) QUALIFIED FAMILY LEAVE WAGES.— ‘‘(e) ALLOWANCE OF CREDIT FOR AMOUNTS
ance of the credit allowed under this section, ‘‘(1) IN GENERAL.—For purposes of this sec- PAID UNDER CERTAIN COLLECTIVELY BAR-
‘‘(4) regulations or other guidance for re- tion, the term ‘qualified family leave wages’ GAINED AGREEMENTS.—
capturing the benefit of credits determined means wages paid by an employer which ‘‘(1) IN GENERAL.—The amount of the credit
under this section in cases where there is a would be required to be paid by reason of the allowed under subsection (a) shall be in-
subsequent adjustment to the credit deter- Emergency Family and Medical Leave Ex- creased by so much of the sum of—
mined under subsection (a), pansion Act (including the amendments ‘‘(A) so much of the employer’s collec-
‘‘(5) regulations or other guidance to en- made by such Act) as if such Act (and tively bargained defined benefit pension plan
sure that the wages taken into account amendments made by such Act) applied after contributions as are properly allocable to
under this section conform with the paid March 31, 2021. the qualified family leave wages for which
sick time required to be provided under the ‘‘(2) RULES OF APPLICATION.— such credit is so allowed, plus
Emergency Paid Sick Leave Act, ‘‘(A) IN GENERAL.—For purposes of deter- ‘‘(B) so much of the employer’s collectively
‘‘(6) regulations or other guidance to per- mining whether wages are qualified family bargained apprenticeship program contribu-
mit the advancement of the credit deter- leave wages under paragraph (1)— tions as are properly allocable to the quali-
mined under subsection (a), and ‘‘(i) section 110(a)(2)(A) of the Family and fied family leave wages for which such credit
‘‘(7) regulations or other guidance with re- Medical Leave Act of 1993 shall be applied by is so allowed.
spect to the allocation, reporting, and sub- inserting ‘or any reason for leave described ‘‘(2) COLLECTIVELY BARGAINED DEFINED BEN-
stantiation of collectively bargained defined in section 5102(a) of the Families First EFIT PENSION PLAN CONTRIBUTIONS.—For pur-
benefit pension plan contributions and col- Coronavirus Response Act, or the employee poses of this subsection—
lectively bargained apprenticeship program is seeking or awaiting the results of a diag- ‘‘(A) IN GENERAL.—The term ‘collectively
contributions. nostic test for, or a medical diagnosis of, bargained defined benefit pension plan con-
‘‘(h) APPLICATION OF SECTION.—This section COVID-19 and such employee has been ex- tributions’ has the meaning given such term
shall apply only to wages paid with respect posed to COVID-19 or the employee’s em- under section 3131(e)(2).
to the period beginning on April 1, 2021, and ployer has requested such test or diagnosis, ‘‘(B) ALLOCATION RULES.—The amount of
ending on September 30, 2021. or the employee is obtaining immunization collectively bargained defined benefit pen-
‘‘(i) TREATMENT OF DEPOSITS.—The Sec- related to COVID–19 or recovering from any sion plan contributions allocated to qualified
retary shall waive any penalty under section injury, disability, illness, or condition re- family leave wages for any calendar quarter
6656 for any failure to make a deposit of ap- lated to such immunization’ after ‘public shall be the product of—
plicable employment taxes if the Secretary health emergency’, and ‘‘(i) the pension contribution rate (as de-
determines that such failure was due to the ‘‘(ii) section 110(b) of such Act shall be ap- fined in section 3131(e)(2)), expressed as an
anticipation of the credit allowed under this plied— hourly rate, and
section. ‘‘(I) without regard to paragraph (1) there- ‘‘(ii) the number of hours for which quali-
‘‘(j) NON-DISCRIMINATION REQUIREMENT.—No
of, fied family leave wages were provided to em-
credit shall be allowed under this section to
‘‘(II) by striking ‘after taking leave after ployees covered under the collective bar-
any employer for any calendar quarter if
such employer, with respect to the avail- such section for 10 days’ in paragraph (2)(A) gaining agreement described in section
ability of the provision of qualified sick thereof, and 3132(e)(2)(A)(iii) during the calendar quarter.
leave wages to which this section otherwise ‘‘(III) by substituting ‘$12,000’ for ‘$10,000’ ‘‘(3) COLLECTIVELY BARGAINED APPRENTICE-
applies for such calendar quarter, discrimi- in paragraph (2)(B)(ii) thereof. SHIP PROGRAM CONTRIBUTIONS.—For purposes
nates in favor of highly compensated em- ‘‘(B) LEAVE MUST MEET REQUIREMENTS.— of this section—
ployees (within the meaning of section For purposes of determining whether wages ‘‘(A) IN GENERAL.—The term ‘collectively
414(q)), full-time employees, or employees on would be required to be paid under paragraph bargained apprenticeship program contribu-
the basis of employment tenure with such (1), if an employer fails to comply with any tions’ has the meaning given such term
employer. requirement of the Family and Medical under section 3131(e)(3).
Leave Act of 1993 or the Emergency Family ‘‘(B) ALLOCATION RULES.—For purposes of
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‘‘SEC. 3132. PAYROLL CREDIT FOR PAID FAMILY
LEAVE. and Medical Leave Expansion Act (deter- this section, the amount of collectively bar-
‘‘(a) IN GENERAL.—In the case of an em- mined without regard to any time limitation gained apprenticeship program contributions
ployer, there shall be allowed as a credit under section 102(a)(1)(F) of the Family and allocated to qualified family leave wages for
against applicable employment taxes for Medical Leave Act of 1994) with respect to any calendar quarter shall be the product
each calendar quarter an amount equal to any leave provided for a qualifying need re- of—
100 percent of the qualified family leave lated to a public health emergency (as de- ‘‘(i) the apprenticeship contribution rate
wages paid by such employer with respect to fined in section 110 of such Act, applied as (as defined in section 3131(e)(3)), expressed as
such calendar quarter. described in subparagraph (A)(i)), amounts an hourly rate, and
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March 4, 2021 CONGRESSIONAL RECORD — SENATE S1173
‘‘(ii) the number of hours for which quali- the covered period shall not fail to be treated credit increase under subsection (a), see sec-
fied family leave wages were provided to em- as qualified family leave wages under this tions 3131(f)(3) and 3132(f)(3).’’.
ployees covered under the collective bar- section by reason of subparagraph (A)(i) to (b) REFUNDS.—Paragraph (2) of section
gaining agreement described in section the extent that— 1324(b) of title 31, United States Code, is
3132(e)(3)(A)(iii) during the calendar quarter. ‘‘(i) a covered loan of the taxpayer under amended by inserting ‘‘3131, 3132,’’ before
‘‘(f) DEFINITIONS AND SPECIAL RULES.— section 7(a)(37) of the Small Business Act is ‘‘6428’’.
‘‘(1) APPLICABLE EMPLOYMENT TAXES.—For not forgiven by reason of a decision under (c) CLERICAL AMENDMENT.—The table of
purposes of this section, the term ‘applicable section 7(a)(37)(J) of such Act, or subchapters for chapter 21 of the Internal
employment taxes’ means the following: ‘‘(ii) a covered loan of the taxpayer under Revenue Code of 1986 is amended by adding
‘‘(A) The taxes imposed under section section 7A of the Small Business Act is not at the end the following new item:
3111(b). forgiven by reason of a decision under sec- ‘‘SUBCHAPTER D—CREDITS’’.
‘‘(B) So much of the taxes imposed under tion 7A(g) of such Act. (d) EFFECTIVE DATE.—The amendments
section 3221(a) as are attributable to the rate Terms used in the preceding sentence which made by this section shall apply to amounts
in effect under section 3111(b). are also used in section 7A(g) or 7(a)(37)(J) of paid with respect to calendar quarters begin-
‘‘(2) WAGES.—For purposes of this section, the Small Business Act shall, when applied ning after March 31, 2021.
the term ‘wages’ means wages (as defined in in connection with either such section, have SEC. 9642. CREDIT FOR SICK LEAVE FOR CER-
section 3121(a), determined without regard to the same meaning as when used in such sec- TAIN SELF-EMPLOYED INDIVIDUALS.
paragraphs (1) through (22) of section 3121(b)) tion, respectively. (a) IN GENERAL.—In the case of an eligible
and compensation (as defined in section ‘‘(g) REGULATIONS.—The Secretary shall self-employed individual, there shall be al-
3231(e), determined without regard to the prescribe such regulations or other guidance lowed as a credit against the tax imposed by
sentence in paragraph (1) thereof which be- as may be necessary to carry out the pur- chapter 1 of the Internal Revenue Code of
gins ‘Such term does not include remunera- poses of this section, including— 1986 for any taxable year an amount equal to
tion’). ‘‘(1) regulations or other guidance to pre- the qualified sick leave equivalent amount
‘‘(3) DENIAL OF DOUBLE BENEFIT.—For pur- vent the avoidance of the purposes of the with respect to the individual.
poses of chapter 1, the gross income of the limitations under this section, (b) ELIGIBLE SELF-EMPLOYED INDIVIDUAL.—
employer, for the taxable year which in- ‘‘(2) regulations or other guidance to mini- For purposes of this section—
cludes the last day of any calendar quarter mize compliance and record-keeping burdens (1) IN GENERAL.—The term ‘‘eligible self-
with respect to which a credit is allowed under this section, employed individual’’ means an individual
under this section, shall be increased by the ‘‘(3) regulations or other guidance pro- who—
amount of such credit. Any wages taken into viding for waiver of penalties for failure to (A) regularly carries on any trade or busi-
account in determining the credit allowed ness within the meaning of section 1402 of
deposit amounts in anticipation of the allow-
under this section shall not be taken into ac- the Internal Revenue Code of 1986, and
ance of the credit allowed under this section,
count for purposes of determining the credit (B) would be entitled to receive paid leave
‘‘(4) regulations or other guidance for re-
allowed under sections 45A, 45P, 45S, 51, 3131, during the taxable year pursuant to the
capturing the benefit of credits determined
and 3134. In the case of any credit allowed Emergency Paid Sick Leave Act if—
under this section in cases where there is a
under section 2301 of the CARES Act or sec- (i) the individual were an employee of an
subsequent adjustment to the credit deter-
tion 41 with respect to wages taken into ac- employer (other than himself or herself), and
mined under subsection (a),
count under this section, the credit allowed (ii) such Act applied after March 31, 2021.
‘‘(5) regulations or other guidance to en-
under this section shall be reduced by the (2) RULES OF APPLICATION.—For purposes of
sure that the wages taken into account
portion of the credit allowed under such sec- paragraph (1)(B), in determining whether an
under this section conform with the paid
tion 2301 or section 41 which is attributable individual would be entitled to receive paid
leave required to be provided under the
to such wages. leave under the Emergency Paid Sick Leave
Emergency Family and Medical Leave Ex-
‘‘(4) ELECTION TO NOT TAKE CERTAIN WAGES Act, such Act shall be applied—
pansion Act (including the amendments
INTO ACCOUNT.—This section shall not apply (A) by inserting ‘‘, the employee is seeking
made by such Act),
to so much of the qualified family leave or awaiting the results of a diagnostic test
‘‘(6) regulations or other guidance to per-
wages paid by an eligible employer as such for, or a medical diagnosis of, COVID-19 and
mit the advancement of the credit deter-
employer elects (at such time and in such such employee has been exposed to COVID-19
mined under subsection (a), and
manner as the Secretary may prescribe) to or is unable to work pending the results of
‘‘(7) regulations or other guidance with re-
not take into account for purposes of this such test or diagnosis, or the employee is ob-
section. spect to the allocation, reporting, and sub-
taining immunization related to COVID–19
‘‘(5) CERTAIN GOVERNMENTAL EMPLOYERS.— stantiation of collectively bargained defined
or recovering from any injury, disability, ill-
No credit shall be allowed under this section benefit pension plan contributions and col-
ness, or condition related to such immuniza-
to the Government of the United States or to lectively bargained apprenticeship program
tion’’ after ‘‘medical diagnosis’’ in section
any agency or instrumentality thereof. The contributions.
‘‘(h) APPLICATION OF SECTION.—This section 5102(a)(3) of such Act, and
preceding sentence shall not apply to any or- (B) by applying section 5102(b)(1) of such
shall apply only to wages paid with respect
ganization described in section 501(c)(1) and Act separately with respect to each taxable
to the period beginning on April 1, 2021, and
exempt from tax under section 501(a). year.
ending on September 30, 2021.
‘‘(6) EXTENSION OF LIMITATION ON ASSESS- ‘‘(i) TREATMENT OF DEPOSITS.—The Sec- (c) QUALIFIED SICK LEAVE EQUIVALENT
MENT.—Notwithstanding section 6501, the AMOUNT.—For purposes of this section—
retary shall waive any penalty under section
limitation on the time period for the assess- 6656 for any failure to make a deposit of ap- (1) IN GENERAL.—The term ‘‘qualified sick
ment of any amount attributable to a credit plicable employment taxes if the Secretary leave equivalent amount’’ means, with re-
claimed under this section shall not expire determines that such failure was due to the spect to any eligible self-employed indi-
before the date that is 5 years after the later anticipation of the credit allowed under this vidual, an amount equal to—
of— section. (A) the number of days during the taxable
‘‘(A) the date on which the original return ‘‘(j) NON-DISCRIMINATION REQUIREMENT.—No year (but not more than 10) that the indi-
which includes the calendar quarter with re- credit shall be allowed under this section to vidual is unable to perform services in any
spect to which such credit is determined is any employer for any calendar quarter if trade or business referred to in section 1402
filed, or such employer, with respect to the avail- of the Internal Revenue Code of 1986 for a
‘‘(B) the date on which such return is ability of the provision of qualified family reason with respect to which such individual
treated as filed under section 6501(b)(2). leave wages to which this section otherwise would be entitled to receive sick leave as de-
‘‘(7) COORDINATION WITH CERTAIN PRO- applies for such calendar quarter, discrimi- scribed in subsection (b), multiplied by
GRAMS.— nates in favor of highly compensated em- (B) the lesser of—
‘‘(A) IN GENERAL.—This section shall not ployees (within the meaning of section (i) $200 ($511 in the case of any day of paid
apply to so much of the qualified family 414(q)), full-time employees, or employees on sick time described in paragraph (1), (2), or
leave wages paid by an eligible employer as the basis of employment tenure with such (3) of section 5102(a) of the Emergency Paid
are taken into account as payroll costs in employer. Sick Leave Act, applied with the modifica-
connection with— ‘‘SEC. 3133. SPECIAL RULE RELATED TO TAX ON tion described in subsection (b)(2)(A)) of this
‘‘(i) a covered loan under section 7(a)(37) or EMPLOYERS. section, or
7A of the Small Business Act, ‘‘(a) IN GENERAL.—The credit allowed by (ii) 67 percent (100 percent in the case of
‘‘(ii) a grant under section 324 of the Eco- section 3131 and the credit allowed by section any day of paid sick time described in para-
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nomic Aid to Hard-Hit Small Businesses, 3132 shall each be increased by the amount of graph (1), (2), or (3) of section 5102(a) of the
Non-Profits, and Venues Act, or the taxes imposed by subsections (a) and (b) Emergency Paid Sick Leave Act) of the aver-
‘‘(iii) a restaurant revitalization grant of section 3111 and section 3221(a) on quali- age daily self-employment income of the in-
under section 5003 of the American Rescue fied sick leave wages, or qualified family dividual for the taxable year.
Plan Act of 2021. leave wages, for which credit is allowed (2) AVERAGE DAILY SELF-EMPLOYMENT IN-
‘‘(B) APPLICATION WHERE PPP LOANS NOT under such section 3131 or 3132 (respectively). COME.—For purposes of this subsection, the
FORGIVEN.—The Secretary shall issue guid- ‘‘(b) DENIAL OF DOUBLE BENEFIT.—For de- term ‘‘average daily self-employment in-
ance providing that payroll costs paid during nial of double benefit with respect to the come’’ means an amount equal to—
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S1174 CONGRESSIONAL RECORD — SENATE March 4, 2021
(A) the net earnings from self-employment will promptly distribute such payments to (A) the number of days (not to exceed 60)
of the individual for the taxable year, di- its residents. during the taxable year that the individual
vided by (3) MIRROR CODE TAX SYSTEM.—For pur- is unable to perform services in any trade or
(B) 260. poses of this section, the term ‘‘mirror code business referred to in section 1402 of the In-
(3) ELECTION TO USE PRIOR YEAR NET EARN- tax system’’ means, with respect to any pos- ternal Revenue Code of 1986 for a reason with
INGS FROM SELF-EMPLOYMENT INCOME.—In the session of the United States, the income tax respect to which such individual would be
case of an individual who elects (at such system of such possession if the income tax entitled to receive paid leave as described in
time and in such manner as the Secretary liability of the residents of such possession subsection (b) of this section, multiplied by
may provide) the application of this para- under such system is determined by ref- (B) the lesser of—
graph, paragraph (2)(A) shall be applied by erence to the income tax laws of the United (i) 67 percent of the average daily self-em-
substituting ‘‘the prior taxable year’’ for States as if such possession were the United ployment income of the individual for the
‘‘the taxable year’’. States. taxable year, or
(4) ELECTION TO NOT TAKE DAYS INTO AC- (4) TREATMENT OF PAYMENTS.—For pur- (ii) $200.
COUNT.—Any day shall not be taken into ac- poses of section 1324 of title 31, United States (2) AVERAGE DAILY SELF-EMPLOYMENT IN-
count under paragraph (1)(A) if the eligible Code, the payments under this subsection COME.—For purposes of this subsection, the
self-employed individual elects (at such time shall be treated in the same manner as a re- term ‘‘average daily self-employment in-
and in such manner as the Secretary may fund due from a credit provision referred to come’’ means an amount equal to—
prescribe) to not take such day into account in subsection (b)(2) of such section. (A) the net earnings from self-employment
for purposes of such paragraph. (h) REGULATIONS.—The Secretary shall pre- income of the individual for the taxable
(d) CREDIT REFUNDABLE.— scribe such regulations or other guidance as year, divided by
(1) IN GENERAL.—The credit determined may be necessary to carry out the purposes (B) 260.
under this section shall be treated as a credit of this section, including— (3) ELECTION TO USE PRIOR YEAR NET EARN-
allowed to the taxpayer under subpart C of (1) regulations or other guidance to effec- INGS FROM SELF-EMPLOYMENT INCOME.—In the
part IV of subchapter A of chapter 1 of such tuate the purposes of this section, and case of an individual who elects (at such
Code. (2) regulations or other guidance to mini- time and in such manner as the Secretary
(2) TREATMENT OF PAYMENTS.—For pur- mize compliance and record-keeping burdens may provide) the application of this para-
poses of section 1324 of title 31, United States under this section. graph, paragraph (2)(A) shall be applied by
Code, any refund due from the credit deter- SEC. 9643. CREDIT FOR FAMILY LEAVE FOR CER-
substituting ‘‘the prior taxable year’’ for
mined under this section shall be treated in TAIN SELF-EMPLOYED INDIVIDUALS. ‘‘the taxable year’’.
the same manner as a refund due from a (a) IN GENERAL.—In the case of an eligible (4) COORDINATION WITH CREDIT FOR SICK
credit provision referred to in subsection LEAVE.—Any day taken into account in de-
self-employed individual, there shall be al-
(b)(2) of such section. lowed as a credit against the tax imposed by termining the qualified sick leave equivalent
(e) SPECIAL RULES.— chapter 1 of the Internal Revenue Code of amount with respect to any eligible-self em-
(1) DOCUMENTATION.—No credit shall be al- 1986 for any taxable year an amount equal to ployed individual under section 9642 shall not
lowed under this section unless the indi- 100 percent of the qualified family leave be take into account in determining the
vidual maintains such documentation as the equivalent amount with respect to the indi- qualified family leave equivalent amount
Secretary may prescribe to establish such in- vidual. with respect to such individual under this
dividual as an eligible self-employed indi- section.
(b) ELIGIBLE SELF-EMPLOYED INDIVIDUAL.—
(d) CREDIT REFUNDABLE.—
vidual. For purposes of this section—
(1) IN GENERAL.—The credit determined
(2) DENIAL OF DOUBLE BENEFIT.—In the case (1) IN GENERAL.—The term ‘‘eligible self-
under this section shall be treated as a credit
of an individual who receives wages (as de- employed individual’’ means an individual
allowed to the taxpayer under subpart C of
fined in section 3121(a) of the Internal Rev- who—
part IV of subchapter A of chapter 1 of such
enue Code of 1986) or compensation (as de- (A) regularly carries on any trade or busi-
Code.
fined in section 3231(e) of such Code) paid by ness within the meaning of section 1402 of
(2) TREATMENT OF PAYMENTS.—For pur-
an employer which are required to be paid by the Internal Revenue Code of 1986, and
poses of section 1324 of title 31, United States
reason of the Emergency Paid Sick Leave (B) would be entitled to receive paid leave
Code, any refund due from the credit deter-
Act, the qualified sick leave equivalent during the taxable year pursuant to the
mined under this section shall be treated in
amount otherwise determined under sub- Emergency Family and Medical Leave Ex-
the same manner as a refund due from a
section (c) of this section shall be reduced pansion Act if—
credit provision referred to in subsection
(but not below zero) to the extent that the (i) the individual were an employee of an
(b)(2) of such section.
sum of the amount described in such sub- employer (other than himself or herself), (e) SPECIAL RULES.—
section and in section 3131(b)(1) of such Code (ii) section 102(a)(1)(F) of the Family and (1) DOCUMENTATION.—No credit shall be al-
exceeds $2,000 ($5,110 in the case of any day Medical Leave Act of 1993 applied after lowed under this section unless the indi-
any portion of which is paid sick time de- March 31, 2021. vidual maintains such documentation as the
scribed in paragraph (1), (2), or (3) of section (2) RULES OF APPLICATION.—For purposes of Secretary may prescribe to establish such in-
5102(a) of the Emergency Paid Sick Leave paragraph (1)(B), in determining whether an dividual as an eligible self-employed indi-
Act). individual would be entitled to receive paid vidual.
(f) APPLICATION OF SECTION.—Only days oc- leave under the Emergency Family and Med- (2) DENIAL OF DOUBLE BENEFIT.—In the case
curring during the period beginning on April ical Leave Act— of an individual who receives wages (as de-
1, 2021, and ending on September 30, 2021, (A) section 110(a)(2)(A) of the Family and fined in section 3121(a) of the Internal Rev-
may be taken into account under subsection Medical Leave Act of 1993 shall be applied by enue Code of 1986) or compensation (as de-
(c)(1)(A). inserting ‘‘or any reason for leave described fined in section 3231(e) of such Code) paid by
(g) APPLICATION OF CREDIT IN CERTAIN POS- in section 5102(a) of the Families First an employer which are required to be paid by
SESSIONS.— Coronavirus Response Act, or the employee reason of the Emergency Family and Med-
(1) PAYMENTS TO POSSESSIONS WITH MIRROR is seeking or awaiting the results of a diag- ical Leave Expansion Act, the qualified fam-
CODE TAX SYSTEMS.—The Secretary shall pay nostic test for, or a medical diagnosis of, ily leave equivalent amount otherwise de-
to each possession of the United States COVID-19 and such employee has been ex- scribed in subsection (c) of this section shall
which has a mirror code tax system amounts posed to COVID-19 or is unable to work pend- be reduced (but not below zero) to the extent
equal to the loss (if any) to that possession ing the results of such test or diagnosis, or that the sum of the amount described in
by reason of the application of the provisions the employee is obtaining immunization re- such subsection and in section 3132(b)(1) of
of this section. Such amounts shall be deter- lated to COVID–19 or recovering from any in- such Code exceeds $12,000.
mined by the Secretary based on information jury, disability, illness, or condition related (3) REFERENCES TO EMERGENCY FAMILY AND
provided by the government of the respective to such immunization’’ after ‘‘public health MEDICAL LEAVE EXPANSION ACT.—Any ref-
possession. emergency’’, and erence in this section to the Emergency
(2) PAYMENTS TO OTHER POSSESSIONS.—The (B) section 110(b) of such Act shall be ap- Family and Medical Leave Expansion Act
Secretary shall pay to each possession of the plied— shall be treated as including a reference to
United States which does not have a mirror (i) without regard to paragraph (1) thereof, the amendments made by such Act.
code tax system amounts estimated by the and (f) APPLICATION OF SECTION.—Only days oc-
Secretary as being equal to the aggregate (ii) by striking ‘‘after taking leave after
SSpencer on DSK126QN23PROD with SENATE
curring during the period beginning on April
benefits (if any) that would have been pro- such section for 10 days’’ in paragraph (2)(A) 1, 2021 and ending on September 30, 2021, may
vided to residents of such possession by rea- thereof. be taken into account under subsection
son of the provisions of this section if a mir- (c) QUALIFIED FAMILY LEAVE EQUIVALENT (c)(1)(A).
ror code tax system had been in effect in AMOUNT.—For purposes of this section— (g) APPLICATION OF CREDIT IN CERTAIN POS-
such possession. The preceding sentence (1) IN GENERAL.—The term ‘‘qualified fam- SESSIONS.—
shall not apply unless the respective posses- ily leave equivalent amount’’ means, with (1) PAYMENTS TO POSSESSIONS WITH MIRROR
sion has a plan, which has been approved by respect to any eligible self-employed indi- CODE TAX SYSTEMS.—The Secretary shall pay
the Secretary, under which such possession vidual, an amount equal to the product of— to each possession of the United States
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March 4, 2021 CONGRESSIONAL RECORD — SENATE S1175
which has a mirror code tax system amounts ees of the eligible employer for such calendar which an employee is not providing services
equal to the loss (if any) to that possession quarter. due to circumstances described in subclause
by reason of the application of the provisions ‘‘(3) REFUNDABILITY OF EXCESS CREDIT.—If (I) or (II) of paragraph (2)(A)(ii), or
of this section. Such amounts shall be deter- the amount of the credit under subsection (a) ‘‘(ii) in the case of an eligible employer for
mined by the Secretary based on information exceeds the limitation of paragraph (2) for which the average number of full-time em-
provided by the government of the respective any calendar quarter, such excess shall be ployees (within the meaning of section
possession. treated as an overpayment that shall be re- 4980H) employed by such eligible employer
(2) PAYMENTS TO OTHER POSSESSIONS.—The funded under sections 6402(a) and 6413(b). during 2019 was not greater than 500—
Secretary shall pay to each possession of the ‘‘(c) DEFINITIONS.—For purposes of this sec- ‘‘(I) with respect to an eligible employer
United States which does not have a mirror tion— described in subclause (I) of paragraph
code tax system amounts estimated by the ‘‘(1) APPLICABLE EMPLOYMENT TAXES.—The (2)(A)(ii), wages paid by such eligible em-
Secretary as being equal to the aggregate term ‘applicable employment taxes’ means ployer with respect to an employee during
benefits (if any) that would have been pro- the following: any period described in such clause, or
vided to residents of such possession by rea- ‘‘(A) The taxes imposed under section ‘‘(II) with respect to an eligible employer
son of the provisions of this section if a mir- 3111(b). described in subclause (II) of such paragraph,
ror code tax system had been in effect in ‘‘(B) So much of the taxes imposed under wages paid by such eligible employer with
such possession. The preceding sentence section 3221(a) as are attributable to the rate respect to an employee during such quarter.
shall not apply unless the respective posses- in effect under section 3111(b). ‘‘(B) SPECIAL RULE FOR EMPLOYERS NOT IN
sion has a plan, which has been approved by ‘‘(2) ELIGIBLE EMPLOYER.— EXISTENCE IN 2019.—In the case of any em-
the Secretary, under which such possession ‘‘(A) IN GENERAL.—The term ‘eligible em- ployer that was not in existence in 2019, sub-
will promptly distribute such payments to ployer’ means any employer— paragraph (A) shall be applied by sub-
its residents. ‘‘(i) which was carrying on a trade or busi- stituting ‘2020’ for ‘2019’ each place it ap-
(3) MIRROR CODE TAX SYSTEM.—For pur- ness during the calendar quarter for which pears.
poses of this section, the term ‘‘mirror code the credit is determined under subsection ‘‘(C) SEVERELY FINANCIALLY DISTRESSED
tax system’’ means, with respect to any pos- (a), and EMPLOYERS.—
session of the United States, the income tax ‘‘(ii) with respect to any calendar quarter, ‘‘(i) IN GENERAL.—Notwithstanding sub-
system of such possession if the income tax for which— paragraph (A)(i), in the case of a severely fi-
‘‘(I) the operation of the trade or business nancially distressed employer, the term
liability of the residents of such possession
described in clause (i) is fully or partially ‘qualified wages’ means wages paid by such
under such system is determined by ref-
suspended during the calendar quarter due to employer with respect to an employee during
erence to the income tax laws of the United
orders from an appropriate governmental au- any calendar quarter.
States as if such possession were the United
thority limiting commerce, travel, or group ‘‘(ii) DEFINITION.—The term ‘severely fi-
States.
meetings (for commercial, social, religious, nancially distressed employer’ means an eli-
(4) TREATMENT OF PAYMENTS.—For pur-
or other purposes) due to the coronavirus gible employer as defined in paragraph (2),
poses of section 1324 of title 31, United States
disease 2019 (COVID–19), determined by substituting ‘less than 10 per-
Code, the payments under this subsection
‘‘(II) the gross receipts (within the mean- cent’ for ‘less than 80 percent’ in subpara-
shall be treated in the same manner as a re-
ing of section 448(c)) of such employer for graph (A)(ii)(II) thereof.
fund due from a credit provision referred to
such calendar quarter are less than 80 per- ‘‘(D) EXCEPTION.—The term ‘qualified
in subsection (b)(2) of such section. cent of the gross receipts of such employer wages’ shall not include any wages taken
(h) REGULATIONS.—The Secretary shall pre-
for the same calendar quarter in calendar into account under sections 41, 45A, 45P, 45S,
scribe such regulations or other guidance as
year 2019, or 51, 1396, 3131, and 3132.
may be necessary to carry out the purposes ‘‘(III) the employer is a recovery startup ‘‘(4) WAGES.—
of this section, including— business (as defined in paragraph (5)). ‘‘(A) IN GENERAL.—The term ‘wages’ means
(1) regulations or other guidance to pre- With respect to any employer for any cal- wages (as defined in section 3121(a)) and com-
vent the avoidance of the purposes of this endar quarter, if such employer was not in pensation (as defined in section 3231(e)). For
section, and existence as of the beginning of the same cal- purposes of the preceding sentence, in the
(2) regulations or other guidance to mini- endar quarter in calendar year 2019, clause case of any organization or entity described
mize compliance and record-keeping burdens (ii)(II) shall be applied by substituting ‘2020’ in subsection (f)(2), wages as defined in sec-
under this section. for ‘2019’. tion 3121(a) shall be determined without re-
PART 6—EMPLOYEE RETENTION CREDIT ‘‘(B) ELECTION TO USE ALTERNATIVE QUAR- gard to paragraphs (5), (6), (7), (10), and (13) of
SEC. 9651. EXTENSION OF EMPLOYEE RETENTION TER.—At the election of the employer— section 3121(b) (except with respect to serv-
CREDIT. ‘‘(i) subparagraph (A)(ii)(II) shall be ap- ices performed in a penal institution by an
(a) IN GENERAL.—Subchapter D of chapter plied— inmate thereof).
21 of subtitle C of the Internal Revenue Code ‘‘(I) by substituting ‘for the immediately ‘‘(B) ALLOWANCE FOR CERTAIN HEALTH PLAN
of 1986, as added by section 9641, is amended preceding calendar quarter’ for ‘for such cal- EXPENSES.—
by adding at the end the following: endar quarter’, and ‘‘(i) IN GENERAL.—Such term shall include
‘‘SEC. 3134. EMPLOYEE RETENTION CREDIT FOR ‘‘(II) by substituting ‘the corresponding amounts paid by the eligible employer to
EMPLOYERS SUBJECT TO CLOSURE calendar quarter in calendar year 2019’ for provide and maintain a group health plan (as
DUE TO COVID–19. ‘the same calendar quarter in calendar year defined in section 5000(b)(1)), but only to the
‘‘(a) IN GENERAL.—In the case of an eligible 2019’, and extent that such amounts are excluded from
employer, there shall be allowed as a credit ‘‘(ii) the last sentence of subparagraph (A) the gross income of employees by reason of
against applicable employment taxes for shall be applied by substituting ‘the cor- section 106(a).
each calendar quarter an amount equal to 70 responding calendar quarter in calendar year ‘‘(ii) ALLOCATION RULES.—For purposes of
percent of the qualified wages with respect 2019’ for ‘the same calendar quarter in cal- this section, amounts treated as wages under
to each employee of such employer for such endar year 2019’. clause (i) shall be treated as paid with re-
calendar quarter. An election under this subparagraph shall be spect to any employee (and with respect to
‘‘(b) LIMITATIONS AND REFUNDABILITY.— made at such time and in such manner as the any period) to the extent that such amounts
‘‘(1) IN GENERAL.— Secretary shall prescribe. are properly allocable to such employee (and
‘‘(A) WAGES TAKEN INTO ACCOUNT.—The ‘‘(C) TAX-EXEMPT ORGANIZATIONS.—In the to such period) in such manner as the Sec-
amount of qualified wages with respect to case of an organization which is described in retary may prescribe. Except as otherwise
any employee which may be taken into ac- section 501(c) and exempt from tax under sec- provided by the Secretary, such allocation
count under subsection (a) by the eligible tion 501(a)— shall be treated as properly made if made on
employer for any calendar quarter shall not ‘‘(i) clauses (i) and (ii)(I) of subparagraph the basis of being pro rata among periods of
exceed $10,000. (A) shall apply to all operations of such orga- coverage.
‘‘(B) RECOVERY STARTUP BUSINESSES.—In nization, and ‘‘(5) RECOVERY STARTUP BUSINESS.—The
the case of an eligible employer which is a ‘‘(ii) any reference in this section to gross term ‘recovery startup business’ means any
recovery startup business (as defined in sub- receipts shall be treated as a reference to employer—
section (c)(5)), the amount of the credit al- gross receipts within the meaning of section ‘‘(A) which began carrying on any trade or
lowed under subsection (a) (after application 6033. business after February 15, 2020,
of subparagraph (A)) for any calendar quar- ‘‘(3) QUALIFIED WAGES.— ‘‘(B) for which the average annual gross re-
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ter shall not exceed $50,000. ‘‘(A) IN GENERAL.—The term ‘qualified ceipts of such employer (as determined under
‘‘(2) CREDIT LIMITED TO EMPLOYMENT wages’ means— rules similar to the rules under section
TAXES.—The credit allowed by subsection (a) ‘‘(i) in the case of an eligible employer for 448(c)(3)) for the 3-taxable-year period ending
with respect to any calendar quarter shall which the average number of full-time em- with the taxable year which precedes such
not exceed the applicable employment taxes ployees (within the meaning of section quarter does not exceed $1,000,000, and
(reduced by any credits allowed under sec- 4980H) employed by such eligible employer ‘‘(C) which, with respect to such quarter, is
tions 3131 and 3132) on the wages paid with during 2019 was greater than 500, wages paid not described in subclause (I) or (II) of para-
respect to the employment of all the employ- by such eligible employer with respect to graph (2)(A)(ii).
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S1176 CONGRESSIONAL RECORD — SENATE March 4, 2021
‘‘(6) OTHER TERMS.—Any term used in this the same meaning as when used in such sec- ‘‘(1) the date on which the original return
section which is also used in this chapter or tion, respectively. which includes the calendar quarter with re-
chapter 22 shall have the same meaning as ‘‘(i) THIRD PARTY PAYORS.—Any credit al- spect to which such credit is determined is
when used in such chapter. lowed under this section shall be treated as filed, or
‘‘(d) AGGREGATION RULE.—All persons a credit described in section 3511(d)(2). ‘‘(2) the date on which such return is treat-
treated as a single employer under sub- ‘‘(j) ADVANCE PAYMENTS.— ed as filed under section 6501(b)(2).
section (a) or (b) of section 52, or subsection ‘‘(1) IN GENERAL.—Except as provided in ‘‘(m) REGULATIONS AND GUIDANCE.—The
(m) or (o) of section 414, shall be treated as paragraph (2), no advance payment of the
Secretary shall issue such forms, instruc-
one employer for purposes of this section. credit under subsection (a) shall be allowed.
tions, regulations, and other guidance as are
‘‘(e) CERTAIN RULES TO APPLY.—For pur- ‘‘(2) ADVANCE PAYMENTS TO SMALL EMPLOY-
necessary—
poses of this section, rules similar to the ERS.—
‘‘(1) to allow the advance payment of the
rules of sections 51(i)(1) and 280C(a) shall ‘‘(A) IN GENERAL.—Under rules provided by
credit under subsection (a) as provided in
apply. the Secretary, an eligible employer for
subsection (j)(2), subject to the limitations
‘‘(f) CERTAIN GOVERNMENTAL EMPLOYERS.— which the average number of full-time em-
provided in this section, based on such infor-
‘‘(1) IN GENERAL.—This credit shall not ployees (within the meaning of section
mation as the Secretary shall require,
apply to the Government of the United 4980H) employed by such eligible employer
‘‘(2) with respect to the application of the
States, the government of any State or polit- during 2019 was not greater than 500 may
elect for any calendar quarter to receive an credit under subsection (a) to third party
ical subdivision thereof, or any agency or in- payors (including professional employer or-
strumentality of any of the foregoing. advance payment of the credit under sub-
section (a) for such quarter in an amount not ganizations, certified professional employer
‘‘(2) EXCEPTION.—Paragraph (1) shall not organizations, or agents under section 3504),
apply to— to exceed 70 percent of the average quarterly
wages paid by the employer in calendar year including regulations or guidance allowing
‘‘(A) any organization described in section such payors to submit documentation nec-
501(c)(1) and exempt from tax under section 2019.
‘‘(B) SPECIAL RULE FOR SEASONAL EMPLOY- essary to substantiate the eligible employer
501(a), or status of employers that use such payors,
ERS.—In the case of any employer who em-
‘‘(B) any entity described in paragraph (1) and
if— ploys seasonal workers (as defined in section
45R(d)(5)(B)), the employer may elect to ‘‘(3) to prevent the avoidance of the pur-
‘‘(i) such entity is a college or university, poses of the limitations under this section,
or apply subparagraph (A) by substituting ‘the
wages for the calendar quarter in 2019 which including through the leaseback of employ-
‘‘(ii) the principal purpose or function of ees.
such entity is providing medical or hospital corresponds to the calendar quarter to which
the election relates’ for ‘the average quar- Any forms, instructions, regulations, or
care. other guidance described in paragraph (2)
terly wages paid by the employer in calendar
In the case of any entity described in sub- shall require the customer to be responsible
year 2019’.
paragraph (B), such entity shall be treated as for the accounting of the credit and for any
‘‘(C) SPECIAL RULE FOR EMPLOYERS NOT IN
satisfying the requirements of subsection liability for improperly claimed credits and
EXISTENCE IN 2019.—In the case of any em-
(c)(2)(A)(i). shall require the certified professional em-
ployer that was not in existence in 2019, sub-
‘‘(g) ELECTION TO NOT TAKE CERTAIN WAGES
paragraphs (A) and (B) shall each be applied ployer organization or other third party
INTO ACCOUNT.—This section shall not apply
by substituting ‘2020’ for ‘2019’ each place it payor to accurately report such tax credits
to so much of the qualified wages paid by an
appears. based on the information provided by the
eligible employer as such employer elects (at
‘‘(3) RECONCILIATION OF CREDIT WITH AD- customer.
such time and in such manner as the Sec-
VANCE PAYMENTS.— ‘‘(n) APPLICATION.—This section shall only
retary may prescribe) to not take into ac-
‘‘(A) IN GENERAL.—The amount of credit apply to wages paid after June 30, 2021, and
count for purposes of this section.
which would (but for this subsection) be al- before January 1, 2022.’’.
‘‘(h) COORDINATION WITH CERTAIN PRO-
lowed under this section shall be reduced (b) REFUNDS.—Paragraph (2) of section
GRAMS.—
(but not below zero) by the aggregate pay- 1324(b) of title 31, United States Code, is
‘‘(1) IN GENERAL.—This section shall not
ment allowed to the taxpayer under para- amended by inserting ‘‘3134,’’ before ‘‘6428’’.
apply to so much of the qualified wages paid
graph (2). Any failure to so reduce the credit (c) CLERICAL AMENDMENT.—The table of
by an eligible employer as are taken into ac-
shall be treated as arising out of a mathe- sections for subchapter D of chapter 21 of
count as payroll costs in connection with—
matical or clerical error and assessed accord- subtitle C of the Internal Revenue Code of
‘‘(A) a covered loan under section 7(a)(37)
ing to section 6213(b)(1). 1986 is amended by adding at the end the fol-
or 7A of the Small Business Act,
‘‘(B) EXCESS ADVANCE PAYMENTS.—If the lowing:
‘‘(B) a grant under section 324 of the Eco-
advance payments to a taxpayer under para-
nomic Aid to Hard-Hit Small Businesses, ‘‘Sec. 3134. Employee retention credit for
graph (2) for a calendar quarter exceed the
Non-Profits, and Venues Act, or employers subject to closure
credit allowed by this section (determined
‘‘(C) a restaurant revitalization grant due to COVID–19.’’.
without regard to subparagraph (A)), the tax
under section 5003 of the American Rescue (d) EFFECTIVE DATE.—The amendments
imposed under section 3111(b) or so much of
Plan Act of 2021. made by this section shall apply to calendar
the tax imposed under section 3221(a) as is
‘‘(2) APPLICATION WHERE PPP LOANS NOT quarters beginning after June 30, 2021.
attributable to the rate in effect under sec-
FORGIVEN.—The Secretary shall issue guid-
tion 3111(b) (whichever is applicable) for the PART 7—PREMIUM TAX CREDIT
ance providing that payroll costs paid during
calendar quarter shall be increased by the
the covered period shall not fail to be treated SEC. 9661. IMPROVING AFFORDABILITY BY EX-
amount of such excess. PANDING PREMIUM ASSISTANCE
as qualified wages under this section by rea- ‘‘(k) TREATMENT OF DEPOSITS.—The Sec-
son of paragraph (1) to the extent that— FOR CONSUMERS.
retary shall waive any penalty under section
‘‘(A) a covered loan of the taxpayer under 6656 for any failure to make a deposit of any (a) IN GENERAL.—Section 36B(b)(3)(A) of
section 7(a)(37) of the Small Business Act is applicable employment taxes if the Sec- the Internal Revenue Code of 1986 is amended
not forgiven by reason of a decision under retary determines that such failure was due by adding at the end the following new
section 7(a)(37)(J) of such Act, or to the reasonable anticipation of the credit clause:
‘‘(B) a covered loan of the taxpayer under allowed under this section. ‘‘(iii) TEMPORARY PERCENTAGES FOR 2021
section 7A of the Small Business Act is not ‘‘(l) EXTENSION OF LIMITATION ON ASSESS- AND 2022.—In the case of a taxable year be-
forgiven by reason of a decision under sec- MENT.—Notwithstanding section 6501, the ginning in 2021 or 2022—
tion 7A(g) of such Act. limitation on the time period for the assess- ‘‘(I) clause (ii) shall not apply for purposes
Terms used in the preceding sentence which ment of any amount attributable to a credit of adjusting premium percentages under this
are also used in section 7A(g) or 7(a)(37)(J) of claimed under this section shall not expire subparagraph, and
the Small Business Act shall, when applied before the date that is 5 years after the later ‘‘(II) the following table shall be applied in
in connection with either such section, have of— lieu of the table contained in clause (i):
‘‘In the case of household The initial The final
income (expressed as premium premium
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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
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March 4, 2021 CONGRESSIONAL RECORD — SENATE S1177
‘‘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—
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 come for purposes of paragraph (2)(C)(i)(II) or SEC. 9674. MODIFICATION OF EXCEPTIONS FOR
36B(c)(1) of the Internal Revenue Code of 1986 (4)(C)(ii) of subsection (c)’’. REPORTING OF THIRD PARTY NET-
(b) EFFECTIVE DATE.—The amendments WORK TRANSACTIONS.
is amended by adding at the end the fol-
lowing new subparagraph: made by this section shall apply to taxable (a) IN GENERAL.—Section 6050W(e) of the
‘‘(E) TEMPORARY RULE FOR 2021 AND 2022.— years beginning after December 31, 2020. Internal Revenue Code of 1986 is amended to
In the case of a taxable year beginning in PART 8—MISCELLANEOUS PROVISIONS read as follows:
‘‘(e) DE MINIMIS EXCEPTION FOR THIRD
2021 or 2022, subparagraph (A) shall be ap- SEC. 9671. REPEAL OF ELECTION TO ALLOCATE PARTY SETTLEMENT ORGANIZATIONS.—A third
plied without regard to ‘but does not exceed INTEREST, ETC. ON WORLDWIDE
party settlement organization shall not be
400 percent’.’’. BASIS.
required to report any information under
(c) EFFECTIVE DATE.—The amendments (a) IN GENERAL.—Section 864 of the Inter-
subsection (a) with respect to third party
made by this section shall apply to taxable nal Revenue Code of 1986 is amended by
network transactions of any participating
years beginning after December 31, 2020. striking subsection (f).
(b) EFFECTIVE DATE.—The amendment payee if the amount which would otherwise
SEC. 9662. TEMPORARY MODIFICATION OF LIMI- be reported under subsection (a)(2) with re-
TATIONS ON RECONCILIATION OF made by this section shall apply to taxable
years beginning after December 31, 2020. spect to such transactions does not exceed
TAX CREDITS FOR COVERAGE
$600.’’.
UNDER A QUALIFIED HEALTH PLAN SEC. 9672. TAX TREATMENT OF TARGETED EIDL
WITH ADVANCE PAYMENTS OF SUCH ADVANCES.
(b) CLARIFICATION THAT REPORTING IS NOT
CREDIT. REQUIRED ON TRANSACTIONS WHICH ARE NOT
For purposes of the Internal Revenue Code
FOR GOODS OR SERVICES.—Section 6050W(c)(3)
(a) IN GENERAL.—Section 36B(f)(2)(B) of the of 1986—
of such Code is amended by inserting ‘‘de-
Internal Revenue Code of 1986 is amended by (1) amounts received from the Adminis-
scribed in subsection (d)(3)(A)(iii)’’ after
adding at the end the following new clause: trator of the Small Business Administration
‘‘any transaction’’.
‘‘(iii) TEMPORARY MODIFICATION OF LIMITA- in the form of a targeted EIDL advance (c) EFFECTIVE DATE.—
TION ON INCREASE.—In the case of any taxable under section 331 of the Economic Aid to (1) IN GENERAL.—The amendment made by
year beginning in 2020, for any taxpayer who Hard-Hit Small Businesses, Nonprofits, and subsection (a) shall apply to returns for cal-
files for such taxable year an income tax re- Venues Act (title III of division N of Public endar years beginning after December 31,
turn reconciling any advance payment of the Law 116–260) shall not be included in the 2021.
credit under this section, the Secretary shall gross income of the person that receives such (2) CLARIFICATION.—The amendment made
treat subparagraph (A) as not applying.’’. amounts, by subsection (b) shall apply to transactions
(b) EFFECTIVE DATE.—The amendment (2) no deduction shall be denied, no tax at- after the date of the enactment of this Act.
made by this section shall apply to taxable tribute shall be reduced, and no basis in- SEC. 9675. MODIFICATION OF TREATMENT OF
years beginning after December 31, 2019. crease shall be denied, by reason of the ex- STUDENT LOAN FORGIVENESS.
SEC. 9663. APPLICATION OF PREMIUM TAX CRED- clusion from gross income provided by para- (a) IN GENERAL.—Section 108(f) of the In-
IT IN CASE OF INDIVIDUALS RECEIV- graph (1), and ternal Revenue Code of 1986 is amended by
ING UNEMPLOYMENT COMPENSA- (3) in the case of a partnership or S cor- striking paragraph (5) and inserting the fol-
TION DURING 2021. poration that receives such amounts— lowing:
(a) IN GENERAL.—Section 36B of the Inter- (A) any amount excluded from income by ‘‘(5) SPECIAL RULE FOR DISCHARGES IN 2021
nal Revenue Code of 1986 is amended by re- reason of paragraph (1) shall be treated as THROUGH 2025.—Gross income does not include
designating subsection (g) as subsection (h) tax exempt income for purposes of sections any amount which (but for this subsection)
and by inserting after subsection (f) the fol- 705 and 1366 of the Internal Revenue Code of would be includible in gross income by rea-
lowing new subsection: 1986, and son of the discharge (in whole or in part)
‘‘(g) SPECIAL RULE FOR INDIVIDUALS WHO (B) the Secretary of the Treasury (or the after December 31, 2020, and before January
RECEIVE UNEMPLOYMENT COMPENSATION DUR- Secretary’s delegate) shall prescribe rules 1, 2026, of—
ING 2021.— for determining a partner’s distributive ‘‘(A) any loan provided expressly for post-
‘‘(1) IN GENERAL.—For purposes of this sec- share of any amount described in subpara- secondary educational expenses, regardless
tion, in the case of a taxpayer who has re- graph (A) for purposes of section 705 of the of whether provided through the educational
ceived, or has been approved to receive, un- Internal Revenue Code of 1986. institution or directly to the borrower, if
employment compensation for any week be- SEC. 9673. TAX TREATMENT OF RESTAURANT RE- such loan was made, insured, or guaranteed
ginning during 2021, for the taxable year in VITALIZATION GRANTS. by—
which such week begins— For purposes of the Internal Revenue Code ‘‘(i) the United States, or an instrumen-
‘‘(A) such taxpayer shall be treated as an of 1986— tality or agency thereof,
applicable taxpayer, and (1) amounts received from the Adminis- ‘‘(ii) a State, territory, or possession of the
‘‘(B) there shall not be taken into account trator of the Small Business Administration United States, or the District of Columbia,
any household income of the taxpayer in ex- in the form of a restaurant revitalization or any political subdivision thereof, or
cess of 133 percent of the poverty line for a grant under section 5003 shall not be in- ‘‘(iii) an eligible educational institution
family of the size involved. cluded in the gross income of the person that (as defined in section 25A),
‘‘(2) UNEMPLOYMENT COMPENSATION.—For receives such amounts, ‘‘(B) any private education loan (as defined
purposes of this subsection, the term ‘unem- (2) no deduction shall be denied, no tax at- in section 140(a)(7) of the Truth in Lending
ployment compensation’ has the meaning tribute shall be reduced, and no basis in- Act),
given such term in section 85(b). crease shall be denied, by reason of the ex- ‘‘(C) any loan made by any educational or-
‘‘(3) EVIDENCE OF UNEMPLOYMENT COM- clusion from gross income provided by para- ganization described in section
PENSATION.—For purposes of this subsection, graph (1), and 170(b)(1)(A)(ii) if such loan is made—
a taxpayer shall not be treated as having re- (3) in the case of a partnership or S cor- ‘‘(i) pursuant to an agreement with any en-
ceived (or been approved to receive) unem- poration that receives such amounts— tity described in subparagraph (A) or any
ployment compensation for any week unless (A) except as otherwise provided by the private education lender (as defined in sec-
such taxpayer provides self-attestation of, Secretary of the Treasury (or the Secretary’s tion 140(a) of the Truth in Lending Act)
and such documentation as the Secretary delegate), any amount excluded from income under which the funds from which the loan
shall prescribe which demonstrates, such re- by reason of paragraph (1) shall be treated as was made were provided to such educational
ceipt or approval. tax exempt income for purposes of sections organization, or
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‘‘(4) CLARIFICATION OF RULES REMAINING AP- 705 and 1366 of the Internal Revenue Code of ‘‘(ii) pursuant to a program of such edu-
PLICABLE.— 1986, and cational organization which is designed to
‘‘(A) JOINT RETURN REQUIREMENT.—Para- (B) the Secretary of the Treasury (or the encourage its students to serve in occupa-
graph (1)(A) shall not affect the application Secretary’s delegate) shall prescribe rules tions with unmet needs or in areas with
of subsection (c)(1)(C). for determining a partner’s distributive unmet needs and under which the services
‘‘(B) HOUSEHOLD INCOME AND share of any amount described in subpara- provided by the students (or former stu-
AFFORDABILLITY.—Paragraph (1)(B) shall not graph (A) for purposes of section 705 of the dents) are for or under the direction of a gov-
apply to any determination of household in- Internal Revenue Code of 1986. ernmental unit or an organization described
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S1178 CONGRESSIONAL RECORD — SENATE March 4, 2021
in section 501(c)(3) and exempt from tax retary’s delegate under section 305(b)(3) of amended by adding at the end the following
under section 501(a), or such Act and section 432(b)(3) of such Code, new subparagraph:
‘‘(D) any loan made by an educational or- shall be included with such annual certifi- ‘‘(F) RELIEF FOR 2020 AND 2021.—A multiem-
ganization described in section cation, and ployer plan with respect to which the sol-
170(b)(1)(A)(ii) or by an organization exempt (ii) after such date, shall be submitted to vency test under subparagraph (C) is met as
from tax under section 501(a) to refinance a the Secretary or the Secretary’s delegate not of February 29, 2020, may elect to apply this
loan to an individual to assist the individual later than 30 days after the date of the elec- paragraph (without regard to whether such
in attending any such educational organiza- tion. plan previously elected the application of
tion but only if the refinancing loan is pur- (2) NOTICE TO PARTICIPANTS.— this paragraph)—
suant to a program of the refinancing orga- (A) IN GENERAL.—Notwithstanding section ‘‘(i) by substituting ‘February 29, 2020’ for
nization which is designed as described in 305(b)(3)(D) of the Employee Retirement In- ‘August 31, 2008’ each place it appears in sub-
subparagraph (C)(ii). come Security Act of 1974 and section paragraphs (A)(i), (B)(i)(I), and (B)(i)(II),
The preceding sentence shall not apply to 432(b)(3)(D) of the Internal Revenue Code of ‘‘(ii) by inserting ‘and other losses related
the discharge of a loan made by an organiza- 1986, if, by reason of an election made under to the virus SARS–CoV–2 or coronavirus dis-
tion described in subparagraph (C) or made subsection (a), the plan is in neither endan- ease 2019 (COVID–19) (including experience
by a private education lender (as defined in gered nor critical status— losses related to reductions in contributions,
section 140(a)(7) of the Truth in Lending Act) (i) the plan sponsor of a multiemployer reductions in employment, and deviations
if the discharge is on account of services per- plan shall not be required to provide notice from anticipated retirement rates, as deter-
formed for either such organization or for under such sections, and mined by the plan sponsor)’ after ‘net invest-
such private education lender.’’. (ii) the plan sponsor shall provide to the ment losses’ in subparagraph (A)(i), and
(b) EFFECTIVE DATE.—The amendment participants and beneficiaries, the bar- ‘‘(iii) by substituting ‘this subparagraph or
made by this section shall apply to dis- gaining parties, the Pension Benefit Guar- subparagraph (A)’ for ‘this subparagraph and
charges of loans after December 31, 2020. anty Corporation, and the Secretary of subparagraph (A) both’ in subparagraph
Subtitle H—Pensions Labor a notice of the election under sub- (B)(iii).
section (a) and such other information as the The preceding sentence shall not apply to a
SEC. 9701. TEMPORARY DELAY OF DESIGNATION
OF MULTIEMPLOYER PLANS AS IN Secretary of the Treasury (in consultation plan to which special financial assistance is
ENDANGERED, CRITICAL, OR CRIT- with the Secretary of Labor) may require— granted under section 4262. For purposes of
ICAL AND DECLINING STATUS. (I) if the election is made before the date the application of this subparagraph, the
(a) IN GENERAL.—Notwithstanding the ac- the annual certification is submitted to the Secretary of the Treasury shall rely on the
tuarial certification under section 305(b)(3) Secretary or the Secretary’s delegate under plan sponsor’s calculations of plan losses un-
of the Employee Retirement Income Secu- section 305(b)(3) of such Act and section less such calculations are clearly erro-
rity Act of 1974 and section 432(b)(3) of the 432(b)(3) of such Code, not later than 30 days neous.’’.
Internal Revenue Code of 1986, if a plan spon- after the date of the certification, and (2) AMENDMENT TO INTERNAL REVENUE CODE
sor of a multiemployer plan elects the appli- (II) if the election is made after such date, OF 1986.—Section 431(b)(8) of the Internal Rev-
cation of this section, then, for purposes of not later than 30 days after the date of the enue Code of 1986 is amended by adding at
section 305 of such Act and section 432 of election. the end the following new subparagraph:
such Code— (B) NOTICE OF ENDANGERED STATUS.—Not-
‘‘(F) RELIEF FOR 2020 AND 2021.—A multiem-
(1) the status of the plan for its first plan withstanding section 305(b)(3)(D) of such Act
ployer plan with respect to which the sol-
year beginning during the period beginning and section 432(b)(3)(D) of such Code, if the
vency test under subparagraph (C) is met as
on March 1, 2020, and ending on February 28, plan is certified to be in critical status for
of February 29, 2020, may elect to apply this
2021, or the next succeeding plan year (as any plan year but is in endangered status by
paragraph (without regard to whether such
designated by the plan sponsor in such elec- reason of an election made under subsection
plan previously elected the application of
tion), shall be the same as the status of such (a), the notice provided under such sections
this paragraph)—
plan under such sections for the plan year shall be the notice which would have been
‘‘(i) by substituting ‘February 29, 2020’ for
preceding such designated plan year, and provided if the plan had been certified to be
‘August 31, 2008’ each place it appears in sub-
(2) in the case of a plan which was in en- in endangered status.
paragraphs (A)(i), (B)(i)(I), and (B)(i)(II),
dangered or critical status for the plan year SEC. 9702. TEMPORARY EXTENSION OF THE
FUNDING IMPROVEMENT AND REHA- ‘‘(ii) by inserting ‘and other losses related
preceding the designated plan year described to the virus SARS–CoV–2 or coronavirus dis-
BILITATION PERIODS FOR MULTIEM-
in paragraph (1), the plan shall not be re- PLOYER PENSION PLANS IN CRIT- ease 2019 (COVID–19) (including experience
quired to update its plan or schedules under ICAL AND ENDANGERED STATUS losses related to reductions in contributions,
section 305(c)(6) of such Act and section FOR 2020 OR 2021. reductions in employment, and deviations
432(c)(6) of such Code, or section 305(e)(3)(B) (a) IN GENERAL.—If the plan sponsor of a from anticipated retirement rates, as deter-
of such Act and section 432(e)(3)(B) of such multiemployer plan which is in endangered mined by the plan sponsor)’ after ‘net invest-
Code, whichever is applicable, until the plan or critical status for a plan year beginning in ment losses’ in subparagraph (A)(i), and
year following the designated plan year de- 2020 or 2021 (determined after application of ‘‘(iii) by substituting ‘this subparagraph or
scribed in paragraph (1). section 9701) elects the application of this subparagraph (A)’ for ‘this subparagraph and
(b) EXCEPTION FOR PLANS BECOMING CRIT- section, then, for purposes of section 305 of subparagraph (A) both’ in subparagraph
ICAL DURING ELECTION.—If— the Employee Retirement Income Security (B)(iii).
(1) an election was made under subsection Act of 1974 and section 432 of the Internal The preceding sentence shall not apply to a
(a) with respect to a multiemployer plan, Revenue Code of 1986, the plan’s funding im- plan to which special financial assistance is
and provement period or rehabilitation period, granted under section 4262 of the Employee
(2) such plan has, without regard to such whichever is applicable, shall be extended by Retirement Income Security Act of 1974. For
election, been certified by the plan actuary 5 years. purposes of the application of this subpara-
under section 305(b)(3) of the Employee Re- (b) DEFINITIONS AND SPECIAL RULES.—For graph, the Secretary shall rely on the plan
tirement Income Security Act of 1974 and purposes of this section— sponsor’s calculations of plan losses unless
section 432(b)(3) of the Internal Revenue (1) ELECTION.—An election under this sec-
such calculations are clearly erroneous.’’.
Code of 1986 to be in critical status for the tion shall be made at such time, and in such
designated plan year described in subsection manner and form, as (in consultation with (b) EFFECTIVE DATES.—
(a)(1), then such plan shall be treated as a the Secretary of Labor) the Secretary of the (1) IN GENERAL.—The amendments made by
plan in critical status for such plan year for Treasury or the Secretary’s delegate may this section shall take effect as of the first
purposes of applying section 4971(g)(1)(A) of prescribe. day of the first plan year ending on or after
such Code, section 302(b)(3) of such Act (2) DEFINITIONS.—Any term which is used February 29, 2020, except that any election a
(without regard to the second sentence in this section which is also used in section plan makes pursuant to this section that af-
thereof), and section 412(b)(3) of such Code 305 of the Employee Retirement Income Se- fects the plan’s funding standard account for
(without regard to the second sentence curity Act of 1974 and section 432 of the In- the first plan year beginning after February
thereof). ternal Revenue Code of 1986 shall have the 29, 2020, shall be disregarded for purposes of
(c) ELECTION AND NOTICE.— same meaning as when used in such sections. applying the provisions of section 305 of the
(1) ELECTION.—An election under sub- (c) EFFECTIVE DATE.—This section shall Employee Retirement Income Security Act
section (a)— apply to plan years beginning after Decem- of 1974 and section 432 of the Internal Rev-
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(A) shall be made at such time and in such ber 31, 2019. enue Code of 1986 to such plan year.
manner as the Secretary of the Treasury or SEC. 9703. ADJUSTMENTS TO FUNDING STAND- (2) RESTRICTIONS ON BENEFIT INCREASES.—
the Secretary’s delegate may prescribe and, ARD ACCOUNT RULES. Notwithstanding paragraph (1), the restric-
once made, may be revoked only with the (a) ADJUSTMENTS.— tions on plan amendments increasing bene-
consent of the Secretary, and (1) AMENDMENT TO EMPLOYEE RETIREMENT fits in sections 304(b)(8)(D) of such Act and
(B) if made— INCOME SECURITY ACT OF 1974.—Section 431(b)(8)(D) of such Code, as applied by the
(i) before the date the annual certification 304(b)(8) of the Employee Retirement Income amendments made by this section, shall take
is submitted to the Secretary or the Sec- Security Act of 1974 (29 U.S.C. 1084(b)) is effect on the date of enactment of this Act.
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March 4, 2021 CONGRESSIONAL RECORD — SENATE S1179
SEC. 9704. SPECIAL FINANCIAL ASSISTANCE PRO- minimum necessary to make a determina- why such assumptions are no longer reason-
GRAM FOR FINANCIALLY TROUBLED tion on the application; able. The corporation shall accept such
MULTIEMPLOYER PLANS. ‘‘(2) specify effective dates for transfers of changed assumptions unless it determines
(a) APPROPRIATION.—Section 4005 of the special financial assistance following ap- the changes are unreasonable, individually
Employee Retirement Income Security Act proval of an application, based on the effec- or in the aggregate. The plan may not pro-
of 1974 (29 U.S.C. 1305) is amended by adding tive date of the supporting actuarial analysis pose a change to the interest rate otherwise
at the end the following: and the date on which the application is sub- required under this subsection for eligibility
‘‘(i)(1) An eighth fund shall be established mitted; and or financial assistance amount.
for special financial assistance to multiem- ‘‘(3) provide for an alternate application ‘‘(f) APPLICATION DEADLINE.—Any applica-
ployer pension plans, as provided under sec- for special financial assistance under this tion by a plan for special financial assistance
tion 4262, and to pay for necessary adminis- section, which may be used by a plan that under this section shall be submitted to the
trative and operating expenses of the cor- has been approved for a partition under sec- corporation (and, in the case of a plan to
poration relating to such assistance. tion 4233 before the date of enactment of this which section 432(k)(1)(D) of the Internal
‘‘(2) There is appropriated from the general section. Revenue Code of 1986 applies, to the Sec-
fund such amounts as are necessary for the ‘‘(d) TEMPORARY PRIORITY CONSIDERATION retary of the Treasury) no later than Decem-
costs of providing financial assistance under OF APPLICATIONS.— ber 31, 2025, and any revised application for
section 4262 and necessary administrative ‘‘(1) IN GENERAL.—The corporation may special financial assistance shall be sub-
and operating expenses of the corporation. specify in regulations or guidance under sub- mitted no later than December 31, 2026.
The eighth fund established under this sub- section (c) that, during a period no longer ‘‘(g) DETERMINATIONS ON APPLICATIONS.—A
section shall be credited with amounts from than the first 2 years following the date of plan’s application for special financial as-
time to time as the Secretary of the Treas- enactment of this section, applications may sistance under this section that is timely
ury, in conjunction with the Director of the not be filed by an eligible multiemployer filed in accordance with the regulations or
Pension Benefit Guaranty Corporation, de- plan unless— guidance issued under subsection (c) shall be
termines appropriate, from the general fund ‘‘(A) the eligible multiemployer plan is in- deemed approved unless the corporation no-
of the Treasury, but in no case shall such solvent or is likely to become insolvent tifies the plan within 120 days of the filing of
transfers occur after September 30, 2030.’’. within 5 years of the date of enactment of the application that the application is in-
(b) FINANCIAL ASSISTANCE AUTHORITY.—The this section; complete, any proposed change or assump-
Employee Retirement Income Security Act ‘‘(B) the corporation projects the eligible tion is unreasonable, or the plan is not eligi-
of 1974 is amended by inserting after section multiemployer plan to have a present value ble under this section. Such notice shall
4261 of such Act (29 U.S.C. 1431) the following: of financial assistance payments under sec- specify the reasons the plan is ineligible for
‘‘SEC. 4262. SPECIAL FINANCIAL ASSISTANCE BY tion 4261 that exceeds $1,000,000,000 if the spe- special financial assistance, any proposed
THE CORPORATION. cial financial assistance is not ordered; change or assumption is unreasonable, or in-
‘‘(a) SPECIAL FINANCIAL ASSISTANCE.— ‘‘(C) the eligible multiemployer plan has formation is needed to complete the applica-
‘‘(1) IN GENERAL.—The corporation shall implemented benefit suspensions under sec- tion. If a plan is denied assistance under this
provide special financial assistance to an eli- tion 305(e)(9) as of the date of the enactment subsection, the plan may submit a revised
gible multiemployer plan under this section, of this section; or application under this section. Any revised
upon the application of a plan sponsor of ‘‘(D) the corporation determines it appro- application for special financial assistance
such a plan for such assistance. priate based on other similar circumstances. submitted by a plan shall be deemed ap-
‘‘(2) INAPPLICABILITY OF CERTAIN REPAY- ‘‘(e) ACTUARIAL ASSUMPTIONS.— proved unless the corporation notifies the
MENT OBLIGATION.—A plan receiving special ‘‘(1) ELIGIBILITY.—For purposes of deter- plan within 120 days of the filing of the re-
mining eligibility for special financial assist- vised application that the application is in-
financial assistance pursuant to this section
ance, the corporation shall accept assump- complete, any proposed change or assump-
shall not be subject to repayment obliga-
tions incorporated in a multiemployer plan’s tion is unreasonable, or the plan is not eligi-
tions with respect to such special financial
determination that it is in critical status or ble under this section. Special financial as-
assistance.
critical and declining status (within the sistance issued by the corporation shall be
‘‘(b) ELIGIBLE MULTIEMPLOYER PLANS.—
meaning of section 305(b)) for certifications effective on a date determined by the cor-
‘‘(1) IN GENERAL.—For purposes of this sec-
poration, but no later than 1 year after a
tion, a multiemployer plan is an eligible of plan status completed before January 1,
plan’s special financial assistance applica-
multiemployer plan if— 2021, unless such assumptions are clearly er-
tion is approved by the corporation or
‘‘(A) the plan is in critical and declining roneous. For certifications of plan status
deemed approved. The corporation shall not
status (within the meaning of section completed after December 31, 2020, a plan
pay any special financial assistance after
305(b)(6)) in any plan year beginning in 2020 shall determine whether it is in critical or September 30, 2030.
through 2022; critical and declining status for purposes of ‘‘(h) MANNER OF PAYMENT.—The payment
‘‘(B) a suspension of benefits has been ap- eligibility for special financial assistance by made by the corporation to an eligible mul-
proved with respect to the plan under section using the assumptions that the plan used in tiemployer plan under this section shall be
305(e)(9) as of the date of the enactment of its most recently completed certification of made as a single, lump sum payment.
this section; plan status before January 1, 2021, unless ‘‘(i) AMOUNT AND MANNER OF SPECIAL FI-
‘‘(C) in any plan year beginning in 2020 such assumptions (excluding the plan’s inter- NANCIAL ASSISTANCE.—
through 2022, the plan is certified by the plan est rate) are unreasonable. ‘‘(1) IN GENERAL.—Special financial assist-
actuary to be in critical status (within the ‘‘(2) AMOUNT OF FINANCIAL ASSISTANCE.—In ance under this section shall be a transfer of
meaning of section 305(b)(2)), has a modified determining the amount of special financial funds in the amount necessary as dem-
funded percentage of less than 40 percent, assistance in its application, an eligible mul- onstrated by the plan sponsor on the applica-
and has a ratio of active to inactive partici- tiemployer plan shall— tion for such special financial assistance, in
pants which is less than 2 to 3; or ‘‘(A) use the interest rate used by the plan accordance with the requirements described
‘‘(D) the plan became insolvent for pur- in its most recently completed certification in subsection (j). Special financial assistance
poses of section 418E of the Internal Revenue of plan status before January 1, 2021, pro- shall be paid to such plan as soon as prac-
Code of 1986 after December 16, 2014, and has vided that such interest rate may not exceed ticable upon approval of the application by
remained so insolvent and has not been ter- the interest rate limit; and the corporation.
minated as of the date of enactment of this ‘‘(B) for other assumptions, use the as- ‘‘(2) NO CAP.—Special financial assistance
section. sumptions that the plan used in its most re- granted by the corporation under this sec-
‘‘(2) MODIFIED FUNDED PERCENTAGE.—For cently completed certification of plan status tion shall not be capped by the guarantee
purposes of paragraph (1)(C), the term ‘modi- before January 1, 2021, unless such assump- under 4022A.
fied funded percentage’ means the percent- tions are unreasonable. ‘‘(j) DETERMINATION OF AMOUNT OF SPECIAL
age equal to a fraction the numerator of ‘‘(3) INTEREST RATE LIMIT.—The interest FINANCIAL ASSISTANCE.—
which is current value of plan assets (as de- rate limit for purposes of this subsection is ‘‘(1) IN GENERAL.—The amount of financial
fined in section 3(26) of such Act) and the de- the rate specified in section 303(h)(2)(C)(iii) assistance provided to a multiemployer plan
nominator of which is current liabilities (as (disregarding modifications made under eligible for financial assistance under this
defined in section 431(c)(6)(D) of such Code clause (iv) of such section) for the month in section shall be such amount required for the
and section 304(c)(6)(D) of such Act). which the application for special financial plan to pay all benefits due during the period
‘‘(c) APPLICATIONS FOR SPECIAL FINANCIAL assistance is filed by the eligible multiem- beginning on the date of payment of the spe-
ASSISTANCE.—Within 120 days of the date of ployer plan or the 3 preceding months, with cial financial assistance payment under this
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enactment of this section, the corporation such specified rate increased by 200 basis section and ending on the last day of the
shall issue regulations or guidance setting points. plan year ending in 2051, with no reduction
forth requirements for special financial as- ‘‘(4) CHANGES IN ASSUMPTIONS.—If a plan de- in a participant’s or beneficiary’s accrued
sistance applications under this section. In termines that use of one or more prior as- benefit as of the date of enactment of this
such regulations or guidance, the corpora- sumptions is unreasonable, the plan may section, except to the extent of a reduction
tion shall— propose in its application to change such as- in accordance with section 305(e)(8) adopted
‘‘(1) limit the materials required for a spe- sumptions, provided that the plan discloses prior to the plan’s application for special fi-
cial financial assistance application to the such changes in its application and describes nancial assistance under this section, and
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S1180 CONGRESSIONAL RECORD — SENATE March 4, 2021
taking into account the reinstatement of sistance under this section that subse- ‘‘(I) the national average wage index (as
benefits required under subsection (k). quently becomes insolvent will be subject to defined in section 209(k)(1) of the Social Se-
‘‘(2) PROJECTIONS.—The funding projections the current rules and guarantee for insolvent curity Act) for the first of the 2 calendar
for purposes of this section shall be per- plans. years preceding the calendar year in which
formed on a deterministic basis. ‘‘(6) INELIGIBILITY FOR OTHER ASSISTANCE.— such plan year begins, to
‘‘(k) REINSTATEMENT OF SUSPENDED BENE- An eligible multiemployer plan that receives ‘‘(II) the national average wage index (as
FITS.—The Secretary, in coordination with special financial assistance under this sec- so defined) for 2029; and
the Secretary of the Treasury, shall ensure tion is not eligible to apply for a new suspen- ‘‘(ii) such dollar amount for plan years be-
that an eligible multiemployer plan that re- sion of benefits under section 305(e)(9)(G). ginning in the preceding calendar year.
ceives special financial assistance under this ‘‘(n) COORDINATION WITH SECRETARY OF THE If the amount determined under this sub-
section— TREASURY.—In prescribing the application paragraph is not a multiple of $1, such prod-
‘‘(1) reinstates any benefits that were sus- process for eligible multiemployer plans to uct shall be rounded to the nearest multiple
pended under section 305(e)(9) or section receive special financial assistance under of $1.’’.
4245(a) in accordance with guidance issued by this section and reviewing applications of (d) AMENDMENTS TO INTERNAL REVENUE
the Secretary of the Treasury pursuant to such plans, the corporation shall coordinate CODE OF 1986.—
section 432(k)(1)(B) of the Internal Revenue with the Secretary of the Treasury in the (1) IN GENERAL.—Section 432(a) of the Inter-
Code of 1986, effective as of the first month following manner: nal Revenue Code of 1986 is amended—
in which the effective date for the special fi- ‘‘(1) In the case of a plan which has sus- (A) by striking ‘‘and’’ at the end of para-
nancial assistance occurs, for participants pended benefits under section 305(e)(9)— graph (2)(B),
and beneficiaries as of such month; and ‘‘(A) in determining whether to approve (B) by striking the period at the end of
‘‘(2) provides payments equal to the paragraph (3)(B) and inserting ‘‘, and’’, and
the application, the corporation shall con-
amount of benefits previously suspended (C) by adding at the end the following new
sult with the Secretary of the Treasury re-
under section 305(e)(9) or 4245(a) to any par- paragraph:
garding the plan’s proposed method of rein-
ticipants or beneficiaries in pay status as of ‘‘(4) if the plan is an eligible multiem-
stating benefits, as described in the plan’s
the effective date of the special financial as- ployer plan which is applying for or receiv-
application and in accordance with guidance
sistance, payable, as determined by the eligi- ing special financial assistance under section
issued by the Secretary of the Treasury, and
ble multiemployer plan— 4262 of the Employee Retirement Income Se-
‘‘(B) the corporation shall consult with the
‘‘(A) as a lump sum within 3 months of curity Act of 1974, the requirements of sub-
Secretary of the Treasury regarding the
such effective date; or section (k) shall apply to the plan.’’.
amount of special financial assistance need-
‘‘(B) in equal monthly installments over a (2) PLANS RECEIVING SPECIAL FINANCIAL AS-
ed based on the projected funded status of SISTANCE TO BE IN CRITICAL STATUS.—Section
period of 5 years, commencing within 3 the plan as of the last day of the plan year
months of such effective date, with no ad- 432(b) of the Internal Revenue Code of 1986 is
ending in 2051, whether the plan proposes to amended by adding at the end the following
justment for interest. repay benefits over 5 years or as a lump sum,
‘‘(l) RESTRICTIONS ON THE USE OF SPECIAL new paragraph:
as required by subsection (k)(2), and any ‘‘(7) PLANS RECEIVING SPECIAL FINANCIAL
FINANCIAL ASSISTANCE.—Special financial as-
other relevant factors, as determined by the ASSISTANCE.—If an eligible multiemployer
sistance received under this section and any
corporation in consultation with the Sec- plan receiving special financial assistance
earnings thereon may be used by an eligible
retary of the Treasury, to ensure the amount under section 4262 of the Employee Retire-
multiemployer plan to make benefit pay-
ments and pay plan expenses. Special finan- of assistance is sufficient to meet such re- ment Income Security Act of 1974 meets the
cial assistance and any earnings on such as- quirement and is sufficient to pay benefits as requirements of subsection (k)(2), notwith-
sistance shall be segregated from other plan required in subsection (j)(1). standing the preceding paragraphs of this
assets. Special financial assistance shall be ‘‘(2) In the case of any plan which proposes subsection, the plan shall be deemed to be in
invested by plans in investment-grade bonds in its application to change the assumptions critical status for plan years beginning with
or other investments as permitted by the used, as provided in subsection (e)(4), the the plan year in which the effective date for
corporation. corporation shall consult with the Secretary such assistance occurs and ending with the
‘‘(m) CONDITIONS ON PLANS RECEIVING SPE- of the Treasury regarding such proposed last plan year ending in 2051.’’.
CIAL FINANCIAL ASSISTANCE.— change in assumptions. (3) RULES RELATING TO ELIGIBLE MULTIEM-
‘‘(1) IN GENERAL.—The corporation, in con- ‘‘(3) If the corporation specifies in regula- PLOYER PLANS.—Section 432 of the Internal
sultation with the Secretary of the Treas- tions or guidance that temporary priority Revenue Code of 1986 is amended by adding
ury, may impose, by regulation or other consideration is available for plans which at the end the following new subsection:
guidance, reasonable conditions on an eligi- are insolvent within the meaning of section ‘‘(k) RULES RELATING TO ELIGIBLE MULTI-
ble multiemployer plan that receives special 418E of the Internal Revenue Code of 1986 or EMPLOYER PLANS.—
financial assistance relating to increases in likely to become so insolvent or for plans ‘‘(1) PLANS APPLYING FOR SPECIAL FINAN-
future accrual rates and any retroactive ben- which have suspended benefits under section CIAL ASSISTANCE.—In the case of an eligible
efit improvements, allocation of plan assets, 305(e)(9), or that availability is otherwise multiemployer plan which applies for special
reductions in employer contribution rates, based on the funded status of the plan under financial assistance under section 4262 of
diversion of contributions to, and allocation section 305, as permitted by subsection (d), such Act—
of expenses to, other benefit plans, and with- the corporation shall consult with the Sec- ‘‘(A) IN GENERAL.—Such application shall
drawal liability. retary of the Treasury regarding any grant- be submitted in accordance with the require-
‘‘(2) LIMITATION.—The corporation shall ing of priority consideration to such plans.’’. ments of such section, including any guid-
not impose conditions on an eligible multi- (c) PREMIUM RATE INCREASE.—Section ance issued thereunder by the Pension Ben-
employer plan as a condition of, or following 4006(a)(3) of the Employee Retirement In- efit Guaranty Corporation.
receipt of, special financial assistance under come Security Act of 1974 (29 U.S.C. ‘‘(B) REINSTATEMENT OF SUSPENDED BENE-
this section relating to— 1306(a)(3)) is amended— FITS.—In the case of a plan for which a sus-
‘‘(A) any prospective reduction in plan ben- (1) in subparagraph (A)— pension of benefits has been approved under
efits (including benefits that may be ad- (A) in clause (vi)— subsection (e)(9), the application shall de-
justed pursuant to section 305(e)(8)); (i) by inserting ‘‘, and before January 1, scribe the manner in which suspended bene-
‘‘(B) plan governance, including selection 2031’’ after ‘‘December 31, 2014,’’; and fits will be reinstated in accordance with
of, removal of, and terms of contracts with, (ii) by striking ‘‘or’’ at the end; paragraph (2)(A) and guidance issued by the
trustees, actuaries, investment managers, (B) in clause (vii)— Secretary if the plan receives special finan-
and other service providers; or (i) by moving the margin 2 ems to the left; cial assistance.
‘‘(C) any funding rules relating to the plan and ‘‘(C) AMOUNT OF FINANCIAL ASSISTANCE.—
receiving special financial assistance under (ii) in subclause (II), by striking the period ‘‘(i) IN GENERAL.—In determining the
this section. and inserting ‘‘, or’’; and amount of special financial assistance to be
‘‘(3) PAYMENT OF PREMIUMS.—An eligible (C) by adding at the end the following: specified in its application, an eligible multi-
multiemployer plan receiving special finan- ‘‘(viii) in the case of a multiemployer plan, employer plan shall—
cial assistance under this section shall con- for plan years beginning after December 31, ‘‘(I) use the interest rate used by the plan
tinue to pay all premiums due under section 2030, $52 for each individual who is a partici- in its most recently completed certification
4007 for participants and beneficiaries in the pant in such plan during the applicable plan of plan status before January 1, 2021, pro-
plan. year.’’; and vided that such interest rate does not exceed
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‘‘(4) ASSISTANCE NOT CONSIDERED FOR CER- (2) by adding at the end the following: the interest rate limit, and
TAIN PURPOSES.—An eligible multiemployer ‘‘(N) For each plan year beginning in a cal- ‘‘(II) for other assumptions, use the as-
plan that receives special financial assist- endar year after 2031, there shall be sub- sumptions that the plan used in its most re-
ance shall be deemed to be in critical status stituted for the dollar amount specified in cently completed certification of plan status
within the meaning of section 305(b)(2) until clause (viii) of subparagraph (A) an amount before January 1, 2021, unless such assump-
the last plan year ending in 2051. equal to the greater of— tions are unreasonable.
‘‘(5) INSOLVENT PLANS.—An eligible multi- ‘‘(i) the product derived by multiplying ‘‘(ii) INTEREST RATE LIMIT.—For purposes of
employer plan receiving special financial as- such dollar amount by the ratio of— clause (i), the interest rate limit is the rate
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March 4, 2021 CONGRESSIONAL RECORD — SENATE S1181
specified in section 430(h)(2)(C)(iii) (dis- ‘‘(I) any prospective reduction in plan ben- in consultation with the Secretary, to ensure
regarding modifications made under clause efits (including benefits that may be ad- the amount of assistance is sufficient to
(iv) of such section) for the month in which justed pursuant to subsection (e)(8)), meet such requirement and is sufficient to
the application for special financial assist- ‘‘(II) plan governance, including selection pay benefits as required in section 4262(j)(1)
ance is filed by the eligible multiemployer of, removal of, and terms of contracts with, of such Act.
plan or the 3 preceding months, with such trustees, actuaries, investment managers, ‘‘(B) In the case of any plan which proposes
specified rate increased by 200 basis points. and other service providers, or in its application to change the assumptions
‘‘(iii) CHANGES IN ASSUMPTIONS.—If a plan ‘‘(III) any funding rules relating to the used, as provided in paragraph (1)(C)(iii),
determines that use of one or more prior as- plan. such corporation shall consult with the Sec-
sumptions is unreasonable, the plan may ‘‘(D) ASSISTANCE DISREGARDED FOR CERTAIN retary regarding such proposed change in as-
propose in its application to change such as- PURPOSES.— sumptions.
sumptions, provided that the plan discloses ‘‘(i) FUNDING STANDARDS.—Special finan- ‘‘(C) If such corporation specifies in regula-
such changes in its application and describes cial assistance received by the plan shall not tions or guidance that temporary priority
why such assumptions are no longer reason- be taken into account for determining con- consideration is available for plans which
able. The plan may not propose a change to tributions required under section 431. are insolvent within the meaning of section
the interest rate otherwise required under ‘‘(ii) INSOLVENT PLANS.—If the plan be- 418E or likely to become so insolvent or for
this subsection for eligibility or financial as- comes insolvent within the meaning of sec- plans which have suspended benefits under
sistance amount. tion 418E after receiving special financial as- subsection (e)(9), or that availability is oth-
‘‘(D) PLANS APPLYING FOR PRIORITY CONSID- sistance, the plan shall be subject to all rules erwise based on the funded status of the plan
ERATION.—In the case of a plan applying for applicable to insolvent plans. under this section, as permitted by section
special financial assistance under rules pro- ‘‘(E) INELIGIBILITY FOR SUSPENSION OF BENE- 4262(d) of such Act, such corporation shall
viding for temporary priority consideration, FITS.—The plan shall not be eligible to apply consult with the Secretary regarding any
as provided in paragraph (4)(C), such plan’s for a new suspension of benefits under sub- granting of priority consideration to such
application shall be submitted to the Sec- section (e)(9)(G). plans.’’.
retary in addition to the Pension Benefit ‘‘(3) ELIGIBLE MULTIEMPLOYER PLAN.—
SEC. 9705. EXTENDED AMORTIZATION FOR SIN-
Guaranty Corporation. ‘‘(A) IN GENERAL.—For purposes of this sec-
GLE EMPLOYER PLANS.
‘‘(2) PLANS RECEIVING SPECIAL FINANCIAL tion, a multiemployer plan is an eligible
multiemployer plan if— (a) 15-YEAR AMORTIZATION UNDER THE IN-
ASSISTANCE.—In the case of an eligible multi-
‘‘(i) the plan is in critical and declining TERNAL REVENUE CODE OF 1986.—Section
employer plan receiving special financial as- 430(c) of the Internal Revenue Code of 1986 is
sistance under section 4262 of the Employee status in any plan year beginning in 2020
through 2022, amended by adding at the end the following
Retirement Income Security Act of 1974— new paragraph:
‘‘(A) REINSTATEMENT OF SUSPENDED BENE- ‘‘(ii) a suspension of benefits has been ap-
proved with respect to the plan under sub- ‘‘(8) 15-YEAR AMORTIZATION.—With respect
FITS.—The plan shall—
section (e)(9) as of the date of the enactment to plan years beginning after December 31,
‘‘(i) reinstate any benefits that were sus- 2021 (or, at the election of the plan sponsor,
of this subsection;
pended under subsection (e)(9) or section plan years beginning after December 31, 2018,
‘‘(iii) in any plan year beginning in 2020
4245(a) of the Employee Retirement Income December 31, 2019, or December 31, 2020)—
through 2022, the plan is certified by the plan
Security Act of 1974, effective as of the first ‘‘(A) the shortfall amortization bases for
actuary to be in critical status, has a modi-
month in which the effective date for the all plan years preceding the first plan year
fied funded percentage of less than 40 per-
special financial assistance occurs, for par- beginning after December 31, 2021 (or after
cent, and has a ratio of active to inactive
ticipants and beneficiaries as of such month, whichever earlier date is elected pursuant to
participants which is less than 2 to 3, or
and this paragraph), and all shortfall amortiza-
‘‘(iv) the plan became insolvent within the
‘‘(ii) provide payments equal to the tion installments determined with respect to
meaning of section 418E after December 16,
amount of benefits previously suspended to 2014, and has remained so insolvent and has such bases, shall be reduced to zero, and
any participants or beneficiaries in pay sta- not been terminated as of the date of enact- ‘‘(B) subparagraphs (A) and (B) of para-
tus as of the effective date of the special fi- ment of this subsection. graph (2) shall each be applied by sub-
nancial assistance, payable, as determined ‘‘(B) MODIFIED FUNDED PERCENTAGE.—For stituting ‘15-plan-year period’ for ‘7-plan-
by the plan— purposes of subparagraph (A)(iii), the term year period’.’’.
‘‘(I) as a lump sum within 3 months of such ‘modified funded percentage’ means the per- (b) 15-YEAR AMORTIZATION UNDER THE EM-
effective date; or centage equal to a fraction the numerator of PLOYEE RETIREMENT INCOME SECURITY ACT OF
‘‘(II) in equal monthly installments over a which is current value of plan assets (as de- 1974.—Section 303(c) of the Employee Retire-
period of 5 years, commencing within 3 fined in section 3(26) of the Employee Retire- ment Income Security Act of 1974 (29 U.S.C.
months of such effective date, with no ad- ment Income Security Act of 1974) and the 1083(c)) is amended by adding at the end the
justment for interest. denominator of which is current liabilities following new paragraph:
‘‘(B) RESTRICTIONS ON THE USE OF SPECIAL (as defined in section 431(c)(6)(D)). ‘‘(8) 15-YEAR AMORTIZATION.—With respect
FINANCIAL ASSISTANCE.—Special financial as- ‘‘(4) COORDINATION WITH PENSION BENEFIT to plan years beginning after December 31,
sistance received by the plan may be used to GUARANTY CORPORATION.—In prescribing the 2021 (or, at the election of the plan sponsor,
make benefit payments and pay plan ex- application process for eligible multiem- plan years beginning after December 31, 2018,
penses. Such assistance shall be segregated ployer plans to receive special financial as- December 31, 2019, or December 31, 2020)—
from other plan assets, and shall be invested sistance under section 4262 of the Employee ‘‘(A) the shortfall amortization bases for
by the plan in investment-grade bonds or Retirement Income Security Act of 1974 and all plan years preceding the first plan year
other investments as permitted by regula- reviewing applications of such plans, the beginning after December 31, 2021 (or after
tions or other guidance issued by the Pen- Pension Benefit Guaranty Corporation shall whichever earlier date is elected pursuant to
sion Benefit Guaranty Corporation. coordinate with the Secretary in the fol- this paragraph), and all shortfall amortiza-
‘‘(C) CONDITIONS ON PLANS RECEIVING SPE- lowing manner: tion installments determined with respect to
CIAL FINANCIAL ASSISTANCE.— ‘‘(A) In the case of a plan which has sus- such bases, shall be reduced to zero, and
‘‘(i) IN GENERAL.—The Pension Benefit pended benefits under subsection (e)(9)— ‘‘(B) subparagraphs (A) and (B) of para-
Guaranty Corporation, in consultation with ‘‘(i) in determining whether to approve the graph (2) shall each be applied by sub-
the Secretary, may impose, by regulation or application, such corporation shall consult
stituting ‘15-plan-year period’ for ‘7-plan-
other guidance, reasonable conditions on an with the Secretary regarding the plan’s pro-
year period’.’’.
eligible multiemployer plan receiving special posed method of reinstating benefits, as de-
financial assistance relating to increases in scribed in the plan’s application and in ac- (c) EFFECTIVE DATE.—The amendments
future accrual rates and any retroactive ben- cordance with guidance issued by the Sec- made by this section shall apply to plan
efit improvements, allocation of plan assets, retary, and years beginning after December 31, 2018.
reductions in employer contribution rates, ‘‘(ii) such corporation shall consult with SEC. 9706. EXTENSION OF PENSION FUNDING
diversion of contributions and allocation of the Secretary regarding the amount of spe- STABILIZATION PERCENTAGES FOR
expenses to other benefit plans, and with- cial financial assistance needed based on the SINGLE EMPLOYER PLANS.
drawal liability. projected funded status of the plan as of the (a) AMENDMENT TO INTERNAL REVENUE CODE
‘‘(ii) LIMITATION.—The Pension Benefit last day of the plan year ending in 2051, OF 1986.—
Guaranty Corporation shall not impose con- whether the plan proposes to repay benefits (1) IN GENERAL.—The table contained in
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ditions on an eligible multiemployer plan as over 5 years or as a lump sum, as required by subclause (II) of section 430(h)(2)(C)(iv) of the
a condition of, or following receipt of, spe- paragraph (2)(A)(ii), and any other relevant Internal Revenue Code of 1986 is amended to
cial financial assistance relating to— factors, as determined by such corporation read as follows:
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S1182 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:
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: 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 A plan shall not be treated as failing to meet ‘‘(i) IN GENERAL.—Notwithstanding sub-
(I) of section 303(h)(2)(C)(iv) of such Act (29 the requirements of sections 204(g) of such section (h)(2)(C) and except as provided in
U.S.C. 1083(h)(2)(C)(iv)(I)) is amended by add- Act and 411(d)(6) of such Code solely by rea- clause (ii), the first, second, and third seg-
ing at the end the following: ‘‘Notwith- son of an election under this paragraph. ment rates in effect for any month for pur-
standing anything in this subclause, if the SEC. 9707. MODIFICATION OF SPECIAL RULES poses of this section shall be 8 percent.
average of the first, second, or third segment FOR MINIMUM FUNDING STAND- ‘‘(ii) NEW BENEFIT ACCRUALS.—Notwith-
rate for any 25-year period is less than 5 per- ARDS FOR COMMUNITY NEWSPAPER standing subsection (h)(2), for purposes of de-
cent, such average shall be deemed to be 5 PLANS. termining the funding target and normal
percent.’’. (a) AMENDMENT TO INTERNAL REVENUE CODE cost of a plan for any plan year, the present
(3) CONFORMING AMENDMENTS.— OF 1986.—Subsection (m) of section 430 of the value of any benefits accrued or earned
(A) IN GENERAL.—Section 101(f)(2)(D) of Internal Revenue Code of 1986 is amended to under the plan for a plan year with respect
such Act (29 U.S.C. 1021(f)(2)(D)) is amended— read as follows: to which an election under paragraph (1) is
(i) in clause (i) by striking ‘‘and the Bipar- ‘‘(m) SPECIAL RULES FOR COMMUNITY NEWS- in effect shall be determined on the basis of
tisan Budget Act of 2015’’ both places it ap- PAPER PLANS.— the United States Treasury obligation yield
pears and inserting ‘‘, the Bipartisan Budget ‘‘(1) IN GENERAL.—An eligible newspaper curve for the day that is the valuation date
Act of 2015, and the American Rescue Plan plan sponsor of a plan under which no partic- of such plan for such plan year.
Act of 2021’’, and ipant has had the participant’s accrued ben- ‘‘(iii) UNITED STATES TREASURY OBLIGATION
(ii) in clause (ii) by striking ‘‘2023’’ and in- efit increased (whether because of service or YIELD CURVE.—For purposes of this sub-
serting ‘‘2029’’. compensation) after April 2, 2019, may elect section, the term ‘United States Treasury
(B) STATEMENTS.—The Secretary of Labor to have the alternative standards described obligation yield curve’ means, with respect
shall modify the statements required under in paragraph (4) apply to such plan. to any day, a yield curve which shall be pre-
subclauses (I) and (II) of section 101(f)(2)(D)(i) ‘‘(2) ELIGIBLE NEWSPAPER PLAN SPONSOR.— scribed by the Secretary for such day on in-
of such Act to conform to the amendments The term ‘eligible newspaper plan sponsor’ terest-bearing obligations of the United
made by this section. means the plan sponsor of— States.
‘‘(A) any community newspaper plan, or ‘‘(B) SHORTFALL AMORTIZATION BASE.—
(c) EFFECTIVE DATE.— ‘‘(B) any other plan sponsored, as of April ‘‘(i) PREVIOUS SHORTFALL AMORTIZATION
(1) IN GENERAL.—The amendments made by 2, 2019, by a member of the same controlled BASES.—The shortfall amortization bases de-
this section shall apply with respect to plan group of a plan sponsor of a community termined under subsection (c)(3) for all plan
years beginning after December 31, 2019. newspaper plan if such member is in the years preceding the first plan year to which
(2) ELECTION NOT TO APPLY.—A plan sponsor trade or business of publishing 1 or more the election under paragraph (1) applies (and
may elect not to have the amendments made newspapers. all shortfall amortization installments de-
by this section apply to any plan year begin- ‘‘(3) ELECTION.—An election under para- termined with respect to such bases) shall be
ning before January 1, 2022, either (as speci- graph (1) shall be made at such time and in reduced to zero under rules similar to the
fied in the election)— such manner as prescribed by the Secretary. rules of subsection (c)(6).
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(A) for all purposes for which such amend- Such election, once made with respect to a ‘‘(ii) NEW SHORTFALL AMORTIZATION BASE.—
ments apply, or plan year, shall apply to all subsequent plan Notwithstanding subsection (c)(3), the short-
(B) solely for purposes of determining the years unless revoked with the consent of the fall amortization base for the first plan year
adjusted funding target attainment percent- Secretary. to which the election under paragraph (1) ap-
age under sections 436 of the Internal Rev- ‘‘(4) ALTERNATIVE MINIMUM FUNDING STAND- plies shall be the funding shortfall of such
enue Code of 1986 and 206(g) of the Employee ARDS.—The alternative standards described plan for such plan year (determined using
Retirement Income Security Act of 1974 for in this paragraph are the following: the interest rates as modified under subpara-
such plan year. ‘‘(A) INTEREST RATES.— graph (A)).
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March 4, 2021 CONGRESSIONAL RECORD — SENATE S1183
‘‘(C) DETERMINATION OF SHORTFALL AMORTI- to have the alternative standards described ing the 11-year period ending on December
ZATION INSTALLMENTS.— in paragraph (4) apply to such plan. 20, 2019,
‘‘(i) 30-YEAR PERIOD.—Subparagraphs (A) ‘‘(2) ELIGIBLE NEWSPAPER PLAN SPONSOR.— ‘‘(ii)(I) is not a company the stock of which
and (B) of subsection (c)(2) shall be applied The term ‘eligible newspaper plan sponsor’ is publicly traded (on a stock exchange or in
by substituting ‘30-plan-year’ for ‘7-plan- means the plan sponsor of— an over-the-counter market), and is not con-
year’ each place it appears. ‘‘(A) any community newspaper plan, or trolled, directly or indirectly, by such a com-
‘‘(ii) NO SPECIAL ELECTION.—The election ‘‘(B) any other plan sponsored, as of April pany, or
under subparagraph (D) of subsection (c)(2) 2, 2019, by a member of the same controlled ‘‘(II) is controlled, directly, or indirectly,
shall not apply to any plan year to which the group of a plan sponsor of a community during the entire 30-year period ending on
election under paragraph (1) applies. newspaper plan if such member is in the December 20, 2019, by individuals who are
‘‘(D) EXEMPTION FROM AT-RISK TREAT- trade or business of publishing 1 or more members of the same family, and does not
MENT.—Subsection (i) shall not apply. newspapers. publish or distribute a daily newspaper that
‘‘(5) COMMUNITY NEWSPAPER PLAN.—For ‘‘(3) ELECTION.—An election under para- is carrier-distributed in printed form in more
purposes of this subsection— graph (1) shall be made at such time and in than 5 States, and
‘‘(A) IN GENERAL.—The term ‘community such manner as prescribed by the Secretary ‘‘(iii) is controlled, directly, or indirectly—
newspaper plan’ means any plan to which of the Treasury. Such election, once made ‘‘(I) by 1 or more persons residing pri-
this section applies maintained as of Decem- with respect to a plan year, shall apply to all marily in a State in which the community
ber 31, 2018, by an employer which— subsequent plan years unless revoked with newspaper has been published on newsprint
‘‘(i) maintains the plan on behalf of par- the consent of the Secretary of the Treasury. or carrier-distributed,
ticipants and beneficiaries with respect to ‘‘(4) ALTERNATIVE MINIMUM FUNDING STAND- ‘‘(II) during the entire 30-year period end-
employment in the trade or business of pub- ARDS.—The alternative standards described ing on December 20, 2019, by individuals who
lishing 1 or more newspapers which were in this paragraph are the following: are members of the same family,
published by the employer at any time dur- ‘‘(A) INTEREST RATES.— ‘‘(III) by 1 or more trusts, the sole trustees
ing the 11-year period ending on December ‘‘(i) IN GENERAL.—Notwithstanding sub- of which are persons described in subclause
20, 2019, section (h)(2)(C) and except as provided in (I) or (II), or
‘‘(ii)(I) is not a company the stock of which clause (ii), the first, second, and third seg- ‘‘(IV) by a combination of persons de-
is publicly traded (on a stock exchange or in ment rates in effect for any month for pur- scribed in subclause (I), (II), or (III).
an over-the-counter market), and is not con- poses of this section shall be 8 percent. ‘‘(B) NEWSPAPER.—The term ‘newspaper’
trolled, directly or indirectly, by such a com- ‘‘(ii) NEW BENEFIT ACCRUALS.—Notwith- does not include any newspaper (determined
pany, or standing subsection (h)(2), for purposes of de- without regard to this subparagraph) to
‘‘(II) is controlled, directly or indirectly, termining the funding target and normal which any of the following apply:
during the entire 30-year period ending on cost of a plan for any plan year, the present ‘‘(i) Is not in general circulation.
December 20, 2019, by individuals who are value of any benefits accrued or earned ‘‘(ii) Is published (on newsprint or elec-
members of the same family, and does not under the plan for a plan year with respect tronically) less frequently than 3 times per
publish or distribute a daily newspaper that to which an election under paragraph (1) is week.
in effect shall be determined on the basis of
is carrier-distributed in printed form in more ‘‘(iii) Has not ever been regularly published
the United States Treasury obligation yield
than 5 States, and on newsprint.
curve for the day that is the valuation date
‘‘(iii) is controlled, directly or indirectly— ‘‘(iv) Does not have a bona fide list of paid
of such plan for such plan year.
‘‘(I) by 1 or more persons residing pri- subscribers.
‘‘(iii) UNITED STATES TREASURY OBLIGATION
marily in a State in which the community ‘‘(C) CONTROL.—A person shall be treated
YIELD CURVE.—For purposes of this sub-
newspaper has been published on newsprint as controlled by another person if such other
section, the term ‘United States Treasury
or carrier-distributed, person possesses, directly or indirectly, the
obligation yield curve’ means, with respect
‘‘(II) during the entire 30-year period end- power to direct or cause the direction and
to any day, a yield curve which shall be pre-
ing on December 20, 2019, by individuals who management of such person (including the
scribed by the Secretary of the Treasury for
are members of the same family, such day on interest-bearing obligations of power to elect a majority of the members of
‘‘(III) by 1 or more trusts, the sole trustees the United States. the board of directors of such person)
of which are persons described in subclause ‘‘(B) SHORTFALL AMORTIZATION BASE.— through the ownership of voting securities.
(I) or (II), or ‘‘(i) PREVIOUS SHORTFALL AMORTIZATION ‘‘(6) CONTROLLED GROUP.—For purposes of
‘‘(IV) by a combination of persons de- BASES.—The shortfall amortization bases de-
this subsection, the term ‘controlled group’
scribed in subclause (I), (II), or (III). termined under subsection (c)(3) for all plan means all persons treated as a single em-
‘‘(B) NEWSPAPER.—The term ‘newspaper’ years preceding the first plan year to which ployer under subsection (b), (c), (m), or (o) of
does not include any newspaper (determined the election under paragraph (1) applies (and section 414 of the Internal Revenue Code of
without regard to this subparagraph) to all shortfall amortization installments de- 1986 as of December 20, 2019.
which any of the following apply: termined with respect to such bases) shall be ‘‘(7) EFFECT ON PREMIUM RATE CALCULA-
‘‘(i) Is not in general circulation. reduced to zero under rules similar to the TION.—In the case of a plan for which an elec-
‘‘(ii) Is published (on newsprint or elec- rules of subsection (c)(6). tion is made to apply the alternative stand-
tronically) less frequently than 3 times per ‘‘(ii) NEW SHORTFALL AMORTIZATION BASE.— ards described in paragraph (3), the addi-
week. Notwithstanding subsection (c)(3), the short- tional premium under section 4006(a)(3)(E)
‘‘(iii) Has not ever been regularly published fall amortization base for the first plan year shall be determined as if such election had
on newsprint. to which the election under paragraph (1) ap- not been made.’’.
‘‘(iv) Does not have a bona fide list of paid plies shall be the funding shortfall of such (c) EFFECTIVE DATE.—The amendments
subscribers. plan for such plan year (determined using made by this section shall apply to plan
‘‘(C) CONTROL.—A person shall be treated the interest rates as modified under subpara- years ending after December 31, 2017.
as controlled by another person if such other graph (A)). SEC. 9708. EXPANSION OF LIMITATION ON EXCES-
person possesses, directly or indirectly, the ‘‘(C) DETERMINATION OF SHORTFALL AMORTI- SIVE EMPLOYEE REMUNERATION.
power to direct or cause the direction and ZATION INSTALLMENTS.— Paragraph (3) of section 162(m) of the In-
management of such person (including the ‘‘(i) 30-YEAR PERIOD.—Subparagraphs (A) ternal Revenue Code of 1986 is amended—
power to elect a majority of the members of and (B) of subsection (c)(2) shall be applied (1) by redesignating subparagraph (C) as
the board of directors of such person) by substituting ‘30-plan-year’ for ‘7-plan- subparagraph (D),
through the ownership of voting securities. year’ each place it appears. (2) by striking ‘‘or’’ at the end of subpara-
‘‘(6) CONTROLLED GROUP.—For purposes of ‘‘(ii) NO SPECIAL ELECTION.—The election graph (B),
this subsection, the term ‘controlled group’ under subparagraph (D) of subsection (c)(2) (3) by inserting after subparagraph (B) the
means all persons treated as a single em- shall not apply to any plan year to which the following new subparagraph:
ployer under subsection (b), (c), (m), or (o) of election under paragraph (1) applies. ‘‘(C) in the case of taxable years beginning
section 414 as of December 20, 2019.’’. ‘‘(D) EXEMPTION FROM AT-RISK TREAT- after December 31, 2026, such employee is
(b) AMENDMENT TO EMPLOYEE RETIREMENT MENT.—Subsection (i) shall not apply. among the 5 highest compensated employees
INCOME SECURITY ACT OF 1974.—Subsection ‘‘(5) COMMUNITY NEWSPAPER PLAN.—For for the taxable year other than any indi-
(m) of section 303 of the Employee Retire- purposes of this subsection— vidual described in subparagraph (A) or (B),
ment Income Security Act of 1974 (29 U.S.C. ‘‘(A) IN GENERAL.—The term ‘community
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or’’, and
1083(m)) is amended to read as follows: newspaper plan’ means a plan to which this (4) by striking ‘‘employee’’ in subpara-
‘‘(m) SPECIAL RULES FOR COMMUNITY NEWS- section applies maintained as of December graph (D), as so redesignated, and inserting
PAPER PLANS.— 31, 2018, by an employer which— ‘‘employee described in subparagraph (A) or
‘‘(1) IN GENERAL.—An eligible newspaper ‘‘(i) maintains the plan on behalf of par- (B)’’.
plan sponsor of a plan under which no partic- ticipants and beneficiaries with respect to
Subtitle I—Child Care for Workers
ipant has had the participant’s accrued ben- employment in the trade or business of pub-
efit increased (whether because of service or lishing 1 or more newspapers which were SEC. 9801. CHILD CARE ASSISTANCE.
compensation) after April 2, 2019, may elect published by the employer at any time dur- (a) APPROPRIATION.—
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S1184 CONGRESSIONAL RECORD — SENATE March 4, 2021
(1) IN GENERAL.—Section 418(a)(3) of the So- ministration of the vaccine; and (F) during (A) IN GENERAL.—Subsections (a)(2) and
cial Security Act (42 U.S.C. 618(a)(3)) is the period beginning on the date of the en- (b)(2) of section 1916 of the Social Security
amended to read as follows: actment of the American Rescue Plan Act of Act (42 U.S.C. 1396o) are each amended—
‘‘(3) APPROPRIATION.—For grants under this 2021 and ending on the last day of the first (i) in subparagraph (F), by striking ‘‘or’’ at
section, there are appropriated $3,047,000,000 calendar quarter that begins one year after the end;
for each fiscal year beginning with fiscal the last day of the emergency period de- (ii) in subparagraph (G), by striking ‘‘;
year 2021.’’. scribed in section 1135(g)(1)(B), testing and and’’; and
(2) CONFORMING AMENDMENT.—Section treatments for COVID-19, including special- (iii) by adding at the end the following sub-
418(a)(2)(A) of such Act (42 U.S.C. 618(a)(2)(A)) ized equipment and therapies (including pre- paragraphs:
is amended by striking ‘‘reservation de- ventive therapies), and, without regard to ‘‘(H) during the period beginning on the
scribed in paragraph (4)’’ and inserting ‘‘res- the requirements of section 1902(a)(10)(B) (re- date of the enactment of this subparagraph
ervations described in paragraphs (4) and lating to comparability), in the case of an in- and ending on the last day of the first cal-
(6)(A)’’; and dividual who is diagnosed with or presumed endar quarter that begins one year after the
(b) MODIFICATION OF STATE MATCH RE- to have COVID–19, during the period such in- last day of the emergency period described in
QUIREMENT FOR FUNDING INCREASES IN FISCAL dividual has (or is presumed to have) COVID– section 1135(g)(1)(B), a COVID–19 vaccine and
YEARS 2021 AND 2022.—With respect to the 19, the treatment of a condition that may se- the administration of such vaccine (for any
amounts made available by section 418(a)(3) riously complicate the treatment of COVID– individual eligible for medical assistance for
of the Social Security Act for each of fiscal 19, if otherwise covered under the State plan such vaccine (and administration)); or
years 2021 and 2022, section 418(a)(2)(C) of (or waiver of such plan);’’.
‘‘(I) during the period beginning on the
such Act shall be applied and administered (2) MAKING COVID–19 VACCINE AVAILABLE TO
date of the enactment of this subparagraph
with respect to any State that is entitled to ADDITIONAL ELIGIBILITY GROUPS AND TREAT-
and ending on the last day of the first cal-
receive the entire amount that would be al- MENT AVAILABLE TO CERTAIN UNINSURED.—
endar quarter that begins one year after the
lotted to the State under section 418(a)(2)(B) Section 1902(a)(10) of such Act (42 U.S.C.
last day of the emergency period described in
of such Act for the fiscal year in the manner 1396a(a)(10)) is amended in the matter fol-
section 1135(g)(1)(B), testing and treatments
authorized for fiscal year 2020, as if the Fed- lowing subparagraph (G)—
for COVID-19, including specialized equip-
eral medical assistance percentage for the (A) by striking ‘‘and to other conditions
which may complicate pregnancy, (VIII)’’ ment and therapies (including preventive
State for the fiscal year were 100 percent. therapies), and, in the case of an individual
(c) FUNDING FOR THE TERRITORIES.—Section and inserting ‘‘, medical assistance for serv-
ices related to other conditions which may who is diagnosed with or presumed to have
418(a) of such Act (42 U.S.C. 618(a)) is amend- COVID–19, during the period during which
ed by adding at the end the following: complicate pregnancy, and medical assist-
ance for vaccines described in section such individual has (or is presumed to have)
‘‘(6) TERRITORIES.— COVID–19, the treatment of a condition that
‘‘(A) GRANTS.—The Secretary shall reserve 1905(a)(4)(E) and the administration of such
vaccines during the period described in such may seriously complicate the treatment of
$25,000,000 of the aggregate amount appro- COVID–19, if otherwise covered under the
priated to carry out this section in each fis- section, (VIII)’’;
(B) by inserting ‘‘and medical assistance State plan (or waiver of such plan); and’’.
cal year beginning with fiscal year 2021 to (B) APPLICATION TO ALTERNATIVE COST
make grants to the territories under this for vaccines described in section 1905(a)(4)(E)
and the administration of such vaccines dur- SHARING.—Section 1916A(b)(3)(B) of the So-
paragraph for each such fiscal year. cial Security Act (42 U.S.C. 1396o–1(b)(3)(B))
‘‘(B) ALLOTMENTS.—The amount reserved ing the period described in such section’’
after ‘‘(described in subsection (z)(2))’’; is amended—
in subparagraph (A) for a fiscal year shall be (i) in clause (xi), by striking ‘‘any visit’’
allotted for such fiscal year among the terri- (C) by inserting ‘‘and medical assistance
for vaccines described in section 1905(a)(4)(E) and inserting ‘‘any service’’; and
tories in proportion to their respective (ii) by adding at the end the following
and the administration of such vaccines dur-
needs. clauses:
ing the period described in such section’’
‘‘(C) REDISTRIBUTION.—The 1st sentence of ‘‘(xii) During the period beginning on the
after ‘‘described in subsection (k)(1)’’;
clause (i) and clause (ii) of paragraph (2)(D) date of the enactment of this clause and end-
(D) by inserting ‘‘and medical assistance
shall apply with respect to the amounts al- ing on the last day of the first calendar quar-
for vaccines described in section 1905(a)(4)(E)
lotted to the territories under this para- ter that begins one year after the last day of
and the administration of such vaccines dur-
graph, except that the 2nd sentence of para- the emergency period described in section
ing the period described in such section’’
graph (2)(D) shall not apply and the amounts 1135(g)(1)(B), a COVID–19 vaccine and the ad-
after ‘‘family planning setting’’;
allotted to the territories that are available ministration of such vaccine (for any indi-
(E) by striking ‘‘and any visit described in
for redistribution for a fiscal year shall be section 1916(a)(2)(G) that is furnished during vidual eligible for medical assistance for
redistributed to each territory that applies any such portion’’ and inserting ‘‘, any serv- such vaccine (and administration)).
for the additional amounts, to the extent ice described in section 1916(a)(2)(G) that is ‘‘(xiii) During the period beginning on the
that the Secretary determines that the terri- furnished during any such portion, any vac- date of the enactment of this clause and end-
tory will be able to use the additional cine described in section 1905(a)(4)(E) (and ing on the last day of the first calendar quar-
amounts to provide child care assistance, in the administration of such vaccine) that is ter that begins one year after the last day of
an amount that bears the same ratio to the furnished during any such portion, and test- the emergency period described in section
amount so available for redistribution as the ing and treatments for COVID-19, including 1135(g)(1)(B), testing and treatments for
amount allotted to the territory for the fis- specialized equipment and therapies (includ- COVID-19, including specialized equipment
cal year bears to the total amount allotted ing preventive therapies), and, in the case of and therapies (including preventive thera-
to all the territories receiving redistributed an individual who is diagnosed with or pre- pies), and, in the case of an individual who is
funds under this paragraph for the fiscal sumed to have COVID–19, during the period diagnosed with or presumed to have COVID–
year. such individual has (or is presumed to have) 19, during the period during which such indi-
‘‘(D) INAPPLICABILITY OF PAYMENT LIMITA- COVID–19, the treatment of a condition that vidual has (or is presumed to have) COVID–
TION.— Section 1108(a) shall not apply with may seriously complicate the treatment of 19, the treatment of a condition that may se-
respect to any amount paid under this para- COVID–19, if otherwise covered under the riously complicate the treatment of COVID–
graph. State plan (or waiver of such plan)’’; and 19, if otherwise covered under the State plan
‘‘(E) TERRITORY.—In this paragraph, the (F) by striking the semicolon at the end (or waiver of such plan).’’.
term ‘territory’ means the Commonwealth of and inserting ‘‘, and (XIX) medical assist- (4) INCLUSION IN THE MEDICAID DRUG REBATE
Puerto Rico, the United States Virgin Is- ance shall be made available during the pe- PROGRAM OF COVERED OUTPATIENT DRUGS USED
lands, Guam, American Samoa, and the Com- riod described in section 1905(a)(4)(E) for vac- FOR COVID–19 TREATMENT.—
monwealth of the Northern Mariana Is- cines described in such section and the ad- (A) IN GENERAL.—The requirements of sec-
lands.’’. ministration of such vaccines, for any indi- tion 1927 of the Social Security Act (42
Subtitle J—Medicaid vidual who is eligible for and receiving med- U.S.C. 1396r–8) shall apply to any drug or bio-
SEC. 9811. MANDATORY COVERAGE OF COVID–19 ical assistance under the State plan or under logical product to which subparagraph (F) of
VACCINES AND ADMINISTRATION a waiver of such plan (other than an indi- section 1905(a)(4) of such Act, as added by
AND TREATMENT UNDER MEDICAID. vidual who is eligible for medical assistance paragraph (1), applies or to which the sub-
(a) COVERAGE.— consisting only of payment of premiums pur- clause (XVIII) in the matter following sub-
(1) IN GENERAL.—Section 1905(a)(4) of the suant to subparagraph (E) or (F) or section paragraph (G) of section 1902(a)(10) of such
Social Security Act (42 U.S.C. 1396d(a)(4)) is 1933), notwithstanding any provision of this Act, as added by paragraph (2), applies that
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amended by striking the semicolon at the title or waiver under section 1115 impacting is—
end and inserting ‘‘; and (E) during the pe- such individual’s eligibility for medical as- (i) furnished as medical assistance in ac-
riod beginning on the date of the enactment sistance under such plan or waiver to cov- cordance with section 1902(a)(10)(A) of such
of the American Rescue Plan Act of 2021 and erage for a limited type of benefits and serv- Act and such subparagraph (F) or subclause
ending on the last day of the first calendar ices that would not otherwise include cov- (XVIII) and section 1902(a)(10)(A) of such Act,
quarter that begins one year after the last erage of a COVID–19 vaccine and its adminis- as applicable, for the treatment, or preven-
day of the emergency period described in sec- tration;’’. tion, of COVID-19, as described in such sub-
tion 1135(g)(1)(B), a COVID–19 vaccine and ad- (3) PROHIBITION OF COST SHARING.— paragraph or subclause, respectively; and
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March 4, 2021 CONGRESSIONAL RECORD — SENATE S1185
(ii) a covered outpatient drug (as defined in ance under subsection (a)(4)(E) that are sub- choice of providers), or section 1902(a)(27) (re-
section 1927(k) of such Act, except that, in ject to the Federal medical assistance per- lating to provider agreements), a State may,
applying paragraph (2)(A) of such section to centage specified under paragraph (1) shall during the 5-year period beginning on the
a drug to which such subparagraph (F) or not be taken into account for purposes of ap- first day of the first fiscal year quarter that
such subclause (XVIII) applies, such drug plying payment limits under subsections (f) begins on or after the date that is 1 year
shall be deemed a prescribed drug for pur- and (g) of section 1108.’’. after the date of the enactment of this sec-
poses of section 1905(a)(12) of such Act). SEC. 9812. MODIFICATIONS TO CERTAIN COV- tion, provide medical assistance for quali-
(B) CONFORMING AMENDMENT.—Section ERAGE UNDER MEDICAID FOR fying community-based mobile crisis inter-
1927(d)(7) of the Social Security Act (42 PREGNANT AND POSTPARTUM vention services.
U.S.C. 1396r–8(d)(7)) is amended by adding at WOMEN. ‘‘(b) QUALIFYING COMMUNITY-BASED MOBILE
the end the following new subparagraph: (a) STATE OPTION.—Section 1902(e) of the CRISIS INTERVENTION SERVICES DEFINED.—For
‘‘(E) Drugs and biological products to Social Security Act (42 U.S.C. 1396a(e)) is purposes of this section, the term ‘qualifying
which section 1905(a)(4)(F) and subclause amended by adding at the end the following community-based mobile crisis intervention
(XVIII) in the matter following subparagraph new paragraph: services’ means, with respect to a State,
(G) of section 1902(a)(10) apply that are fur- ‘‘(16) EXTENDING CERTAIN COVERAGE FOR items and services for which medical assist-
nished as medical assistance in accordance PREGNANT AND POSTPARTUM WOMEN.— ance is available under the State plan under
with such section or clause, respectively, for ‘‘(A) IN GENERAL.—At the option of the this title or a waiver of such plan, that are—
the treatment or prevention, of COVID–19, as State, the State plan (or waiver of such ‘‘(1) furnished to an individual otherwise
described in such subparagraph or subclause, State plan) may provide, that an individual eligible for medical assistance under the
respectively, and section 1902(a)(10)(A).’’. who, while pregnant, is eligible for and has State plan (or waiver of such plan) who is—
(5) ALTERNATIVE BENEFIT PLANS.—Section received medical assistance under the State ‘‘(A) outside of a hospital or other facility
1937(b) of the Social Security Act (42 U.S.C. plan approved under this title (or a waiver of setting; and
1396u–7(b)) is amended by adding at the end such plan) (including during a period of ret- ‘‘(B) experiencing a mental health or sub-
the following new paragraph: roactive eligibility under subsection (a)(34)) stance use disorder crisis;
‘‘(8) COVID–19 VACCINES, TESTING, AND shall, in addition to remaining eligible under ‘‘(2) furnished by a multidisciplinary mo-
TREATMENT.—Notwithstanding the previous paragraph (5) for all pregnancy-related and bile crisis team—
provisions of this section, a State may not postpartum medical assistance available ‘‘(A) that includes at least 1 behavioral
provide for medical assistance through en- under the State plan (or waiver) through the health care professional who is capable of
rollment of an individual with benchmark last day of the month in which the 60-day pe- conducting an assessment of the individual,
coverage or benchmark-equivalent coverage riod (beginning on the last day of her preg- in accordance with the professional’s per-
under this section unless, during the period nancy) ends, remain eligible under the State mitted scope of practice under State law,
beginning on the date of the enactment of plan (or waiver) for medical assistance for and other professionals or paraprofessionals
the American Rescue Plan Act of 2021 and the period beginning on the first day occur- with appropriate expertise in behavioral
ending on the last day of the first calendar ring after the end of such 60-day period and health or mental health crisis response, in-
quarter that begins one year after the last ending on the last day of the month in which cluding nurses, social workers, peer support
day of the emergency period described in sec- the 12-month period (beginning on the last specialists, and others, as designated by the
tion 1135(g)(1)(B), such coverage includes day of her pregnancy) ends. State through a State plan amendment (or
(and does not impose any deduction, cost ‘‘(B) FULL BENEFITS DURING PREGNANCY AND waiver of such plan);
sharing, or similar charge for)— THROUGHOUT THE 12-MONTH POSTPARTUM PE- ‘‘(B) whose members are trained in trau-
‘‘(A) COVID–19 vaccines and administra- RIOD.—The medical assistance provided for a ma-informed care, de-escalation strategies,
tion of the vaccines; and pregnant or postpartum individual by a and harm reduction;
‘‘(B) testing and treatments for COVID-19, State making an election under this para- ‘‘(C) that is able to respond in a timely
including specialized equipment and thera- graph, without regard to the basis on which manner and, where appropriate, provide—
pies (including preventive therapies), and, in the individual is eligible for medical assist- ‘‘(i) screening and assessment;
the case of such an individual who is diag- ance under the State plan (or waiver), shall— ‘‘(ii) stabilization and de-escalation; and
nosed with or presumed to have COVID–19, ‘‘(i) include all items and services covered ‘‘(iii) coordination with, and referrals to,
during the period such individual has (or is under the State plan (or waiver) that are not health, social, and other services and sup-
presumed to have) COVID–19, the treatment less in amount, duration, or scope, or are de- ports as needed, and health services as need-
of a condition that may seriously complicate termined by the Secretary to be substan- ed;
the treatment of COVID–19, if otherwise cov- tially equivalent, to the medical assistance ‘‘(D) that maintains relationships with rel-
ered under the State plan (or waiver of such available for an individual described in sub- evant community partners, including med-
plan).’’. section (a)(10)(A)(i); and ical and behavioral health providers, pri-
(b) TEMPORARY INCREASE IN FEDERAL PAY- ‘‘(ii) be provided for the individual while mary care providers, community health cen-
MENTS FOR COVERAGE AND ADMINISTRATION OF pregnant and during the 12-month period ters, crisis respite centers, and managed care
COVID–19 VACCINES.—Section 1905 of the So- that begins on the last day of the individ- organizations (if applicable); and
cial Security Act (42 U.S.C. 1396d) is amend- ual’s pregnancy and ends on the last day of ‘‘(E) that maintains the privacy and con-
ed— the month in which such 12-month period fidentiality of patient information con-
(1) in subsection (b), by striking ‘‘and (ff)’’ ends. sistent with Federal and State requirements;
and inserting ‘‘(ff), and (hh)’’; ‘‘(C) COVERAGE UNDER CHIP.—A State mak- and
(2) in subsection (ff), in the matter pre- ing an election under this paragraph that ‘‘(3) available 24 hours per day, every day
ceding paragraph (1), by inserting ‘‘, subject covers under title XXI child health assist- of the year.
to subsection (hh)’’ after ‘‘or (z)(2)’’ and ance for targeted low-income children who ‘‘(c) PAYMENTS.—Notwithstanding section
(3) by adding at the end the following new are pregnant or targeted low-income preg- 1905(b) or 1905(ff) and subject to subsections
subsection: nant women, as applicable, shall also make (y) and (z) of section 1905, during each of the
‘‘(hh) TEMPORARY INCREASED FMAP FOR the election under section 2107(e)(1)(J) of first 12 fiscal quarters occurring during the
MEDICAL ASSISTANCE FOR COVERAGE AND AD- such title.’’. period described in subsection (a) that a
MINISTRATION OF COVID–19 VACCINES.— (b) EFFECTIVE DATE.—The amendment State meets the requirements described in
‘‘(1) IN GENERAL.—Notwithstanding any made by subsection (a) shall apply with re- subsection (d), the Federal medical assist-
other provision of this title, during the pe- spect to State elections made under para- ance percentage applicable to amounts ex-
riod described in paragraph (2), the Federal graph (16) of section 1902(e) of the Social Se- pended by the State for medical assistance
medical assistance percentage for a State, curity Act (42 U.S.C. 1396a(e)), as added by for qualifying community-based mobile cri-
with respect to amounts expended by the subsection (a), during the 5-year period be- sis intervention services furnished during
State for medical assistance for a vaccine de- ginning on the 1st day of the 1st fiscal year such quarter shall be equal to 85 percent. In
scribed in subsection (a)(4)(E) (and the ad- quarter that begins one year after the date no case shall the application of the previous
ministration of such a vaccine), shall be of the enactment of this Act. sentence result in the Federal medical as-
equal to 100 percent. SEC. 9813. STATE OPTION TO PROVIDE QUALI- sistance percentage applicable to amounts
‘‘(2) PERIOD DESCRIBED.—The period de- FYING COMMUNITY-BASED MOBILE expended by a State for medical assistance
scribed in this paragraph is the period that— CRISIS INTERVENTION SERVICES. for such qualifying community-based mobile
‘‘(A) begins on the first day of the first Title XIX of the Social Security Act is crisis intervention services furnished during
quarter beginning after the date of the en-
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amended by adding after section 1946 (42 a quarter being less than the Federal med-
actment of this subsection; and U.S.C. 1396w–5) the following new section: ical assistance percentage that would apply
‘‘(B) ends on the last day of the first quar- ‘‘SEC. 1947. STATE OPTION TO PROVIDE QUALI- to such amounts expended by the State for
ter that begins one year after the last day of FYING COMMUNITY-BASED MOBILE such services furnished during such quarter
the emergency period described in section CRISIS INTERVENTION SERVICES. without application of the previous sentence.
1135(g)(1)(B). ‘‘(a) IN GENERAL.—Notwithstanding section ‘‘(d) REQUIREMENTS.—The requirements de-
‘‘(3) EXCLUSION OF EXPENDITURES FROM TER- 1902(a)(1) (relating to Statewideness), section scribed in this subsection are the following:
RITORIAL CAPS.—Any payment made to a ter- 1902(a)(10)(B) (relating to comparability), ‘‘(1) The State demonstrates, to the satis-
ritory for expenditures for medical assist- section 1902(a)(23)(A) (relating to freedom of faction of the Secretary that it will be able
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S1186 CONGRESSIONAL RECORD — SENATE March 4, 2021
to support the provision of qualifying com- ‘‘(C) shall not be taken into account for paragraph shall not be taken into account
munity-based mobile crisis intervention purposes of part A, D, or E of title IV; and for purposes of applying payment limits
services that meet the conditions specified ‘‘(D) shall not be taken into account for under subsections (f) and (g) of section 1108
in subsection (b). purposes of applying payment limits under of the Social Security Act (42 U.S.C. 1308).
‘‘(2) The State provides assurances satis- subsections (f) and (g) of section 1108. (2) DEFINITIONS.—In this section:
factory to the Secretary that— ‘‘(3) DEFINITION.—For purposes of this sub- (A) HCBS PROGRAM IMPROVEMENT PERIOD.—
‘‘(A) any additional Federal funds received section, the term ‘qualifying State’ means a The term ‘‘HCBS program improvement pe-
by the State for qualifying community-based State which has not expended amounts for riod’’ means, with respect to a State, the pe-
mobile crisis intervention services provided all individuals described in section riod—
under this section that are attributable to 1902(a)(10)(A)(i)(VIII) before the date of the (i) beginning on April 1, 2021; and
the increased Federal medical assistance enactment of this subsection.’’. (ii) ending on March 31, 2022.
percentage under subection (c) will be used SEC. 9815. EXTENSION OF 100 PERCENT FEDERAL (B) HOME AND COMMUNITY-BASED SERV-
to supplement, and not supplant, the level of MEDICAL ASSISTANCE PERCENTAGE ICES.—The term ‘‘home and community-
State funds expended for such services for TO URBAN INDIAN HEALTH ORGANI- based services’’ means any of the following:
the fiscal year preceding the first fiscal ZATIONS AND NATIVE HAWAIIAN (i) Home health care services authorized
HEALTH CARE SYSTEMS.
quarter occurring during the period de- under paragraph (7) of section 1905(a) of the
scribed in subsection (a); Section 1905(b) of the Social Security Act Social Security Act (42 U.S.C. 1396d(a)).
‘‘(B) if the State made qualifying commu- (42 U.S.C. 1396d(b)) is amended by inserting (ii) Personal care services authorized under
nity-based mobile crisis intervention serv- after ‘‘(as defined in section 4 of the Indian paragraph (24) of such section.
ices available in a region of the State in such Health Care Improvement Act)’’ the fol- (iii) PACE services authorized under para-
fiscal year, the State will continue to make lowing: ‘‘; for the 8 fiscal year quarters be- graph (26) of such section.
such services available in such region under ginning with the first fiscal year quarter be- (iv) Home and community-based services
this section during each month occurring ginning after the date of the enactment of authorized under subsections (b), (c), (i), (j),
during the period described in subsection (a) the American Rescue Plan Act of 2021, the and (k) of section 1915 of such Act (42 U.S.C.
for which the Federal medical assistance Federal medical assistance percentage shall 1396n), such services authorized under a
percentage under subsection (c) is applicable also be 100 per centum with respect to waiver under section 1115 of such Act (42
with respect to the State. amounts expended as medical assistance for U.S.C. 1315), and such services through cov-
‘‘(e) FUNDING FOR STATE PLANNING services which are received through an erage authorized under section 1937 of such
GRANTS.—There is appropriated, out of any Urban Indian organization (as defined in Act (42 U.S.C. 1396u–7).
funds in the Treasury not otherwise appro- paragraph (29) of section 4 of the Indian (v) Case management services authorized
priated, $15,000,000 to the Secretary for pur- Health Care Improvement Act) that has a under section 1905(a)(19) of the Social Secu-
poses of implementing, administering, and grant or contract with the Indian Health rity Act (42 U.S.C. 1396d(a)(19)) and section
making planning grants to States as soon as Service under title V of such Act; and, for 1915(g) of such Act (42 U.S.C. 1396n(g)).
practicable for purposes of developing a such 8 fiscal year quarters, the Federal med- (vi) Rehabilitative services, including
State plan amendment or section 1115, ical assistance percentage shall also be 100 those related to behavioral health, described
1915(b), or 1915(c) waiver request (or an per centum with respect to amounts ex- in section 1905(a)(13) of such Act (42 U.S.C.
amendment to such a waiver) to provide pended as medical assistance for services 1396d(a)(13)).
qualifying community-based mobile crisis which are received through a Native Hawai- (vii) Such other services specified by the
intervention services under this section, to ian Health Center (as defined in section 12(4) Secretary of Health and Human Services.
remain available until expended.’’. of the Native Hawaiian Health Care Improve- (C) ELIGIBLE INDIVIDUAL.—The term ‘‘eligi-
SEC. 9814. TEMPORARY INCREASE IN FMAP FOR ment Act) or a qualified entity (as defined in ble individual’’ means an individual who is
MEDICAL ASSISTANCE UNDER section 6(b) of such Act) that has a grant or eligible for and enrolled for medical assist-
STATE MEDICAID PLANS WHICH contract with the Papa Ola Lokahi under ance under a State Medicaid program and in-
BEGIN TO EXPEND AMOUNTS FOR section 8 of such Act’’.
CERTAIN MANDATORY INDIVIDUALS. cludes an individual who becomes eligible for
SEC. 9816. SUNSET OF LIMIT ON MAXIMUM RE- medical assistance under a State Medicaid
Section 1905 of the Social Security Act (42 BATE AMOUNT FOR SINGLE SOURCE
U.S.C. 1396d), as amended by section 9811 of program when removed from a waiting list.
DRUGS AND INNOVATOR MULTIPLE
this subtitle, is further amended— SOURCE DRUGS.
(D) MEDICAID PROGRAM.—The term ‘‘Med-
(1) in subsection (b), in the first sentence, icaid program’’ means, with respect to a
Section 1927(c)(2)(D) of the Social Security
by striking ‘‘and (hh)’’ and inserting ‘‘(hh), State, the State program under title XIX of
Act (42 U.S.C. 1396r–8(c)(2)(D)) is amended by
and (ii)’’; the Social Security Act (42 U.S.C. 1396 et
inserting after ‘‘December 31, 2009,’’ the fol-
(2) in subsection (ff), by striking ‘‘subject seq.) (including any waiver or demonstration
lowing: ‘‘and before January 1, 2024,’’.
to subsection (hh)’’ and inserting ‘‘subject to under such title or under section 1115 of such
SEC. 9817. ADDITIONAL SUPPORT FOR MEDICAID
subsections (hh) and (ii)’’; and Act (42 U.S.C. 1315) relating to such title).
HOME AND COMMUNITY-BASED
(3) by adding at the end the following new SERVICES DURING THE COVID–19 (E) STATE.—The term ‘‘State’’ has the
subsection: EMERGENCY. meaning given such term for purposes of
‘‘(ii) TEMPORARY INCREASE IN FMAP FOR (a) INCREASED FMAP.— title XIX of the Social Security Act (42
MEDICAL ASSISTANCE UNDER STATE MEDICAID (1) IN GENERAL.—Notwithstanding section U.S.C. 1396 et seq.).
PLANS WHICH BEGIN TO EXPEND AMOUNTS FOR 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-
CERTAIN MANDATORY INDIVIDUALS.— 1396d(b)) or section 1905(ff), in the case of a
crease under subsection (a) to the Federal
‘‘(1) IN GENERAL.—For each quarter occur- State that meets the HCBS program require-
medical assistance percentage determined
ring during the 8-quarter period beginning ments under subsection (b), the Federal med-
for a State, the State shall meet each of the
with the first calendar quarter during which ical assistance percentage determined for
following requirements (referred to in sub-
a qualifying State (as defined in paragraph the State under section 1905(b) of such Act
section (a) as the HCBS program require-
(3)) expends amounts for all individuals de- (or, if applicable, under section 1905(ff)) and, ments):
scribed in section 1902(a)(10)(A)(i)(VIII) under if applicable, increased under subsection (y), (1) SUPPLEMENT, NOT SUPPLANT.—The State
the State plan (or waiver of such plan), the (z), (aa), or (ii) of section 1905 of such Act (42 shall use the Federal funds attributable to
Federal medical assistance percentage deter- U.S.C. 1396d), section 1915(k) of such Act (42 the increase under subsection (a) to supple-
mined under subsection (b) for such State U.S.C. 1396n(k)), or section 6008(a) of the ment, and not supplant, the level of State
shall, after application of any increase, if ap- Families First Coronavirus Response Act funds expended for home and community-
plicable, under section 6008 of the Families (Public Law 116–127), shall be increased by based services for eligible individuals
First Coronavirus Response Act, be increased 7.35 percentage points with respect to ex- through programs in effect as of April 1, 2021.
by 5 percentage points, except for any quar- penditures of the State under the State Med- (2) REQUIRED IMPLEMENTATION OF CERTAIN
ter (and each subsequent quarter) during icaid program for home and community- ACTIVITIES.—The State shall implement, or
such period during which the State ceases to based services (as defined in paragraph supplement the implementation of, one or
provide medical assistance to any such indi- (2)(B)) that are provided during the HCBS more activities to enhance, expand, or
vidual under the State plan (or waiver of program improvement period (as defined in strengthen home and community-based serv-
such plan). paragraph (2)(A)). In no case may the appli- ices under the State Medicaid program.
‘‘(2) SPECIAL APPLICATION RULES.—Any in- cation of the previous sentence result in the
SEC. 9818. FUNDING FOR STATE STRIKE TEAMS
crease described in paragraph (1) (or pay- Federal medical assistance percentage deter-
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FOR RESIDENT AND EMPLOYEE
ment made for expenditures on medical as- mined for a State being more than 95 percent SAFETY IN NURSING FACILITIES.
sistance that are subject to such increase)— with respect to such expenditures. Any pay- Section 1919 of the Social Security Act (42
‘‘(A) shall not apply with respect to dis- ment made to Puerto Rico, the Virgin Is- U.S.C. 1396r) is amended by adding at the end
proportionate share hospital payments de- lands, Guam, the Northern Mariana Islands, the following new subsection:
scribed in section 1923; or American Samoa for expenditures on med- ‘‘(k) FUNDING FOR STATE STRIKE TEAMS.—
‘‘(B) shall not be taken into account in cal- ical assistance that are subject to the Fed- In addition to amounts otherwise available,
culating the enhanced FMAP of a State eral medical assistance percentage increase there is appropriated to the Secretary, out of
under section 2105; specified under the first sentence of this any monies in the Treasury not otherwise
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March 4, 2021 CONGRESSIONAL RECORD — SENATE S1187
appropriated, $250,000,000, to remain avail- ‘‘(B) testing and treatments for COVID-19, waiver of such plan) for vaccines described in
able until expended, for purposes of allo- including specialized equipment and thera- section 1905(a)(4)(E) (and the administration
cating such amount among the States (in- pies (including preventive therapies), and, in of such vaccines).’’.
cluding the District of Columbia and each the case of an individual who is diagnosed SEC. 9822. MODIFICATIONS TO CERTAIN COV-
territory of the United States) for such a with or presumed to have COVID–19, during ERAGE UNDER CHIP FOR PREGNANT
State to establish and implement a strike the period during which such individual has AND POSTPARTUM WOMEN.
team that will be deployed to a nursing facil- (or is presumed to have) COVID–19, the treat- (a) MODIFICATIONS TO COVERAGE.—
ity in the State with diagnosed or suspected ment of a condition that may seriously com- (1) IN GENERAL.—Section 2107(e)(1) of the
cases of COVID–19 among residents or staff plicate the treatment of COVID–19, if other- Social Security Act (42 U.S.C. 1397gg(e)(1)) is
for the purposes of assisting with clinical wise covered under the State child health amended—
care, infection control, or staffing during the plan (or waiver of such plan).’’. (A) by redesignating subparagraphs (J)
emergency period described in section (2) PROHIBITION OF COST SHARING.—Section through (S) as subparagraphs (K) through
1135(g)(1)(B) and the 1-year period imme- 2103(e)(2) of the Social Security Act (42 (T), respectively; and
diately following the end of such emergency U.S.C. 1397cc(e)(2)), as amended by section (B) by inserting after subparagraph (I) the
period.’’. 6004(b)(3) of the Families First Coronavirus following new subparagraph:
SEC. 9819. SPECIAL RULE FOR THE PERIOD OF A Response Act, is amended— ‘‘(J) Paragraphs (5) and (16) of section
DECLARED PUBLIC HEALTH EMER- (A) in the paragraph header, by inserting 1902(e) (relating to the State option to pro-
GENCY RELATED TO CORONAVIRUS. ‘‘A COVID–19 VACCINE, COVID–19 TREATMENT,’’ vide medical assistance consisting of full
(a) IN GENERAL.—Section 1923(f)(3) of the before ‘‘OR PREGNANCY-RELATED ASSISTANCE’’; benefits during pregnancy and throughout
Social Security Act (42 U.S.C. 1396r-4(f)(3)) is and the 12-month postpartum period under title
amended— (B) by striking ‘‘visits described in section XIX), if the State provides child health as-
(1) in subparagraph (A), by striking ‘‘sub- 1916(a)(2)(G), or’’ and inserting ‘‘services de- sistance for targeted low-income children
paragraph (E)’’ and inserting ‘‘subparagraphs scribed in section 1916(a)(2)(G), vaccines de- who are pregnant or to targeted low-income
(E) and (F)’’ ; and scribed in section 1916(a)(2)(H) administered pregnant women and the State has elected to
(2) by adding at the end the following new during the period described in such section apply such paragraph (16) with respect to
subparagraph: (and the administration of such vaccines), pregnant women under title XIX, the provi-
‘‘(F) ALLOTMENTS DURING THE CORONAVIRUS testing or treatments described in section sion of assistance under the State child
TEMPORARY MEDICAID FMAP INCREASE.— 1916(a)(2)(I) furnished during the period de- health plan or waiver for targeted low-in-
‘‘(i) IN GENERAL.—Notwithstanding any scribed in such section, or’’. come children or targeted low-income preg-
other provision of this subsection, for any (b) TEMPORARY INCREASE IN FEDERAL PAY- nant women during pregnancy and the 12-
MENTS FOR COVERAGE AND ADMINISTRATION OF
fiscal year for which the Federal medical as- month postpartum period shall be required
COVID–19 VACCINES.—Section 2105(c) of the
sistance percentage applicable to expendi- and not at the option of the State and shall
Social Security Act (42 U.S.C. 1397ee(c)) is
tures under this section is increased pursu- include coverage of all items or services pro-
amended by adding at the end the following
ant to section 6008 of the Families First vided to a targeted low-income child or tar-
new paragraph:
Coronavirus Response Act, the Secretary geted low-income pregnant woman (as appli-
‘‘(12) TEMPORARY ENHANCED PAYMENT FOR
shall recalculate the annual DSH allotment, cable) under the State child health plan or
COVERAGE AND ADMINISTRATION OF COVID–19
including the DSH allotment specified under waiver).’’.
VACCINES.—During the period described in
paragraph (6)(A)(vi), to ensure that the total (2) OPTIONAL COVERAGE OF TARGETED LOW-
section 1905(hh)(2), notwithstanding sub-
DSH payments (including both Federal and INCOME PREGNANT WOMEN.—Section
section (b), the enhanced FMAP for a State,
State shares) that a State may make related 2112(d)(2)(A) of the Social Security Act (42
with respect to payments under subsection
to a fiscal year is equal to the total DSH U.S.C. 1397ll(d)(2)(A)) is amended by insert-
(a) for expenditures under the State child
payments that the State could have made for ing after ‘‘60-day period’’ the following: ‘‘, or,
health plan (or a waiver of such plan) for a
such fiscal year without such increase to the in the case that subparagraph (A) of section
vaccine described in section 1905(a)(4)(E) (and
Federal medical assistance percentage. 1902(e)(16) applies to the State child health
the administration of such a vaccine), shall
‘‘(ii) NO APPLICATION TO ALLOTMENTS BEGIN- plan (or waiver of such plan), pursuant to
be equal to 100 percent.’’.
NING AFTER COVID–19 EMERGENCY PERIOD.—The (c) ADJUSTMENT OF CHIP ALLOTMENTS.— section 2107(e)(1), the 12-month period,’’.
DSH allotment for any State for the first fis- Section 2104(m) of the Social Security Act (b) EFFECTIVE DATE.—The amendments
cal year beginning after the end of the emer- (42 U.S.C. 1397dd(m)) is amended— made by subsection (a), shall apply with re-
gency period described in section (1) in paragraph (2)(B), in the matter pre- spect to State elections made under para-
1135(g)(1)(B) or any succeeding fiscal year ceding clause (i), by striking ‘‘paragraphs (5) graph (16) of section 1902(e) of the Social Se-
shall be determined under this paragraph and (7)’’ and inserting ‘‘paragraphs (5), (7), curity Act (42 U.S.C. 1396a(e)), as added by
without regard to the DSH allotments deter- and (12)’’; and section 9812(a) of subtitle J of this title, dur-
mined under clause (i).’’. (2) by adding at the end the following new ing the 5-year period beginning on the 1st
(b) EFFECTIVE DATE.—The amendment paragraph: day of the 1st fiscal year quarter that begins
made by subsection (a) shall take effect and ‘‘(12) ADJUSTING ALLOTMENTS TO ACCOUNT one year after the date of the enactment of
apply as if included in the enactment of the FOR INCREASED FEDERAL PAYMENTS FOR COV- this Act.
Families First Coronavirus Response Act ERAGE AND ADMINISTRATION OF COVID–19 VAC- Subtitle L—Medicare
(Public Law 116–127). CINES.—If a State, commonwealth, or terri- SEC. 9831. FLOOR ON THE MEDICARE AREA WAGE
Subtitle K—Children’s Health Insurance tory receives payment for a fiscal year (be- INDEX FOR HOSPITALS IN ALL-
Program ginning with fiscal year 2021) under sub- URBAN STATES.
SEC. 9821. MANDATORY COVERAGE OF COVID–19 section (a) of section 2105 for expenditures (a) IN GENERAL.—Section 1886(d)(3)(E) of
VACCINES AND ADMINISTRATION that are subject to the enhanced FMAP spec- the Social Security Act (42 U.S.C.
AND TREATMENT UNDER CHIP. ified under subsection (c)(12) of such section, 1395ww(d)(3)(E)) is amended—
(a) COVERAGE.— the amount of the allotment determined for (1) in clause (i), in the first sentence, by
(1) IN GENERAL.—Section 2103(c) of the So- the State, commonwealth, or territory under striking ‘‘or (iii)’’ and inserting ‘‘, (iii), or
cial Security Act (42 U.S.C. 1397cc(c)) is this subsection— (iv)’’; and
amended by adding at the end the following ‘‘(A) for such fiscal year shall be increased (2) by adding at the end the following new
paragraph: by the projected expenditures for such year clause:
‘‘(11) REQUIRED COVERAGE OF COVID–19 VAC- by the State, commonwealth, or territory ‘‘(iv) FLOOR ON AREA WAGE INDEX FOR HOS-
CINES AND TREATMENT.—Regardless of the under the State child health plan (or a waiv- PITALS IN ALL-URBAN STATES.—
type of coverage elected by a State under er of such plan) for vaccines described in sec- ‘‘(I) IN GENERAL.—For discharges occurring
subsection (a), the child health assistance tion 1905(a)(4)(E) (and the administration of on or after October 1, 2021, the area wage
provided for a targeted low-income child, such vaccines); and index applicable under this subparagraph to
and, in the case of a State that elects to pro- ‘‘(B) once actual expenditures are available any hospital in an all-urban State (as defined
vide pregnancy-related assistance pursuant in the subsequent fiscal year, the fiscal year in subclause (IV)) may not be less than the
to section 2112, the pregnancy-related assist- allotment that was adjusted by the amount minimum area wage index for the fiscal year
ance provided for a targeted low-income described in subparagraph (A) shall be ad- for hospitals in that State, as established
pregnant woman (as such terms are defined justed on the basis of the difference be- under subclause (II).
for purposes of such section), shall include tween— ‘‘(II) MINIMUM AREA WAGE INDEX.—For pur-
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coverage, during the period beginning on the ‘‘(i) such projected amount of expenditures poses of subclause (I), the Secretary shall es-
date of the enactment of this paragraph and described in subparagraph (A) for such fiscal tablish a minimum area wage index for a fis-
ending on the last day of the first calendar year described in such subparagraph by the cal year for hospitals in each all-urban State
quarter that begins one year after the last State, commonwealth, or territory; and using the methodology described in section
day of the emergency period described in sec- ‘‘(ii) the actual amount of expenditures for 412.64(h)(4)(vi) of title 42, Code of Federal
tion 1135(g)(1)(B), of— such fiscal year described in subparagraph Regulations, as in effect for fiscal year 2018.
‘‘(A) a COVID–19 vaccine (and the adminis- (A) by the State, commonwealth, or terri- ‘‘(III) WAIVING BUDGET NEUTRALITY.—Pur-
tration of the vaccine); and tory under the State child health plan (or suant to the fifth sentence of clause (i), this
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S1188 CONGRESSIONAL RECORD — SENATE March 4, 2021
clause shall not be applied in a budget neu- Subtitle M—Coronavirus State and Local Secretary as an additional amount to each of
tral manner. Fiscal Recovery Funds the 50 States and the District of Columbia in
‘‘(IV) ALL-URBAN STATE DEFINED.—In this SEC. 9901. CORONAVIRUS STATE AND LOCAL FIS- an amount which bears the same proportion
clause, the term ‘all-urban State’ means a CAL RECOVERY FUNDS. to such remainder as the average estimated
State in which there are no rural areas (as (a) IN GENERAL.—Title VI of the Social Se- number of seasonally-adjusted unemployed
defined in paragraph (2)(D)) or a State in curity Act (42 U.S.C. 801 et seq.) is amended individuals (as measured by the Bureau of
which there are no hospitals classified as by adding at the end the following: Labor Statistics Local Area Unemployment
rural under this section.’’. ‘‘SEC. 602. CORONAVIRUS STATE FISCAL RECOV- Statistics program) in the State or District
ERY FUND. of Columbia over the 3-month period ending
(b) WAIVING BUDGET NEUTRALITY.—Section
‘‘(a) APPROPRIATION.—In addition to with December 2020 bears to the average esti-
1886(d)(3)(E)(i) of the Social Security Act (42 mated number of seasonally-adjusted unem-
U.S.C. 1395ww(d)(3)(E)(i)) is amended, in the amounts otherwise available, there is appro-
priated for fiscal year 2021, out of any money ployed individuals in all of the 50 States and
fifth sentence— the District of Columbia over the same pe-
in the Treasury not otherwise appropriated—
(1) by striking ‘‘and the amendments’’ and riod.
‘‘(1) $219,800,000,000, to remain available
inserting ‘‘, the amendments’’; and ‘‘(C) PAYMENT.—
through December 31, 2024, for making pay-
(2) by inserting ‘‘, and the amendments ‘‘(i) IN GENERAL.—Subject to clause (ii), the
ments under this section to States, terri-
made by section 9831(a) of the American Res- Secretary shall pay each of the 50 States and
tories, and Tribal governments to mitigate
cue Plan Act of 2021’’ after ‘‘Care Act’’. the District of Columbia, from the amount
the fiscal effects stemming from the public
SEC. 9832. SECRETARIAL AUTHORITY TO TEMPO- health emergency with respect to the reserved under subparagraph (A), the total of
RARILY WAIVE OR MODIFY APPLICA- Coronavirus Disease (COVID–19); and the amounts allocated for the State and Dis-
TION OF CERTAIN MEDICARE RE- ‘‘(2) $50,000,000, to remain available until trict of Columbia under subparagraph (B) in
QUIREMENTS WITH RESPECT TO AM- expended, for the costs of the Secretary for accordance with paragraph (6).
BULANCE SERVICES FURNISHED ‘‘(ii) MINIMUM PAYMENT REQUIREMENT.—
administration of the funds established
DURING CERTAIN EMERGENCY PE- ‘‘(I) IN GENERAL.—The sum of—
RIODS. under this title.
‘‘(b) AUTHORITY TO MAKE PAYMENTS.— ‘‘(aa) the total amounts allocated for 1 of
(a) WAIVER AUTHORITY.—Section 1135(b) of ‘‘(1) PAYMENTS TO TERRITORIES.— the 50 States or the District of Columbia
the Social Security Act (42 U.S.C. 1320b–5(b)) ‘‘(A) IN GENERAL.—The Secretary shall re- under subparagraph (B) (as determined with-
is amended— serve $4,500,000,000 of the amount appro- out regard to this clause); and
(1) in the first sentence— priated under subsection (a)(1) to make pay- ‘‘(bb) the amounts allocated under section
(A) in paragraph (7), by striking ‘‘and’’ at ments to the territories. 603 to the State (for distribution by the
the end; ‘‘(B) ALLOCATION.—Of the amount reserved State to nonentitlement units of local gov-
(B) in paragraph (8), by striking the period under subparagraph (A)— ernment in the State) and to metropolitan
at the end and inserting ‘‘; and’’; and ‘‘(i) 50 percent of such amount shall be al- cities and counties in the State;
(C) by inserting after paragraph (8) the fol- located by the Secretary equally to each ter- shall not be less than the amount paid to the
lowing new paragraph: ritory; and State or District of Columbia for fiscal year
‘‘(9) any requirement under section ‘‘(ii) 50 percent of such amount shall be al- 2020 under section 601.
1861(s)(7) or section 1834(l) that an ambulance located by the Secretary as an additional ‘‘(II) PRO RATA ADJUSTMENT.—The Sec-
service include the transport of an individual amount to each territory in an amount retary shall adjust on a pro rata basis the
to the extent necessary to allow payment for which bears the same proportion to 1⁄2 of the amount of the allocations for each of the 50
ground ambulance services furnished in re- total amount reserved under subparagraph States and the District of Columbia deter-
sponse to a 911 call (or the equivalent in (A) as the population of the territory bears mined under subparagraph (B)(iii) (without
areas without a 911 call system) in cases in to the total population of all such terri- regard to this clause) to the extent necessary
which an individual would have been trans- tories. to comply with the requirement of subclause
ported to a destination permitted under ‘‘(C) PAYMENT.—The Secretary shall pay (I).
Medicare regulations (as described in section each territory the total of the amounts allo- ‘‘(4) PRO RATA ADJUSTMENT AUTHORITY.—
410.40 to title 42, Code of Federal Regulations cated for the territory under subparagraph The amounts otherwise determined for allo-
(or successor regulations)) but such trans- (B) in accordance with paragraph (6). cation and payment under paragraphs (1), (2),
port did not occur as a result of community- ‘‘(2) PAYMENTS TO TRIBAL GOVERNMENTS.— and (3) may be adjusted by the Secretary on
wide emergency medical service (EMS) pro- ‘‘(A) IN GENERAL.—The Secretary shall re- a pro rata basis to the extent necessary to
tocols due to the public health emergency serve $20,000,000,000 of the amount appro- ensure that all available funds are allocated
described in subsection (g)(1)(B).’’; and priated under subsection (a)(1) to make pay- to States, territories, and Tribal govern-
(2) in the flush matter at the end, by add- ments to Tribal governments. ments in accordance with the requirements
ing at the end the following: ‘‘Ground ambu- ‘‘(B) ALLOCATION.—Of the amount reserved specified in each such paragraph (as applica-
lance services for which payment is made under subparagraph (A)— ble).
pursuant to paragraph (9) shall be paid at the ‘‘(i) $1,000,000,000 shall be allocated by the ‘‘(5) POPULATION DATA.—For purposes of de-
base rate that would have been paid under Secretary equally among each of the Tribal termining allocations for a territory under
the fee schedule established under 1834(l) (ex- governments; and this section, the population of the territory
cluding any mileage payment) if the indi- ‘‘(ii) $19,000,000,000 shall be allocated by the shall be determined based on the most recent
vidual had been so transported and, with re- Secretary to the Tribal governments in a data available from the Bureau of the Cen-
spect to ambulance services furnished by a manner determined by the Secretary. sus.
critical access hospital or an entity de- ‘‘(C) PAYMENT.— The Secretary shall pay ‘‘(6) TIMING.—
scribed in paragraph (8) of such section, at each Tribal government the total of the ‘‘(A) IN GENERAL.—To the extent prac-
the amount that otherwise would be paid amounts allocated for the Tribal government ticable, with respect to each State and terri-
under such paragraph.’’. under subparagraph (B) in accordance with tory allocated a payment under this sub-
paragraph (6). section, the Secretary shall make the pay-
(b) EMERGENCY PERIOD EXCEPTION.—Sec- ment required for the State or territory not
‘‘(3) PAYMENTS TO EACH OF THE 50 STATES
tion 1135(g)(1)(B) of the Social Security Act AND THE DISTRICT OF COLUMBIA.— later than 60 days after the date on which
(42 U.S.C. 1320b–5(g)(1)(B)) is amended, in the ‘‘(A) IN GENERAL.—The Secretary shall re- the certification required under subsection
matter preceding clause (i), by striking ‘‘sub- serve $195,300,000,000 of the amount appro- (d)(1) is provided to the Secretary.
section (b)(8)’’ and inserting ‘‘paragraphs (8) priated under subsection (a)(1) to make pay- ‘‘(B) TRIBAL GOVERNMENTS.—To the extent
and (9) of subsection (b)’’. ments to each of the 50 States and the Dis- practicable, with respect to each Tribal gov-
trict of Columbia. ernment for which an amount is allocated
SEC. 9833. FUNDING FOR OFFICE OF INSPECTOR under this subsection, the Secretary shall
GENERAL. ‘‘(B) ALLOCATIONS.—Of the amount re-
served under subparagraph (A)— make the payment required for the Tribal
In addition to amounts otherwise avail- ‘‘(i) $25,500,000,000 of such amount shall be government not later than 60 days after the
able, there is appropriated to the inspector allocated by the Secretary equally among date of enactment of this section.
general of the Department of Health and each of the 50 States and the District of Co- ‘‘(C) INITIAL PAYMENT TO DISTRICT OF CO-
lumbia; LUMBIA.—The Secretary shall pay the
Human Services for fiscal year 2021, out of
‘‘(ii) an amount equal to $1,250,000,000 less amount allocated under paragraph (3)(B)(ii)
SSpencer on DSK126QN23PROD with SENATE
any money in the Treasury not otherwise ap-
the amount allocated for the District of Co- to the District of Columbia not later than 15
propriated, $5,000,000, to remain available days after the date of enactment of this sec-
lumbia pursuant to section 601(c)(6) shall be
until expended, for oversight of activities tion.
allocated by the Secretary as an additional
supported with funds appropriated to the De- amount to the District of Columbia; and ‘‘(c) REQUIREMENTS.—
partment of Health and Human Services to ‘‘(iii) an amount equal to the remainder of ‘‘(1) USE OF FUNDS.—Subject to paragraph
prevent, prepare for, and respond to the amount reserved under subparagraph (A) (2), and except as provided in paragraph (3),
coronavirus 2019 or COVID–19, domestically after the application of clauses (i) and (ii) of a State, territory, or Tribal government
or internationally. this subparagraph shall be allocated by the shall only use the funds provided under a
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March 4, 2021 CONGRESSIONAL RECORD — SENATE S1189
payment made under this section, or trans- ‘‘(2) the amount of funds received by such government in the State bears to the total
ferred pursuant to section 603(c)(4), to cover State or territory pursuant to a payment population of all nonentitlement units of
costs incurred by the State, territory, or made under this section or a transfer made local government in all such States.
Tribal government, by December 31, 2024— under section 603(c)(4). ‘‘(C) DISTRIBUTION TO NONENTITLEMENT
‘‘(A) to respond to the public health emer- ‘‘(f) REGULATIONS.—The Secretary shall UNITS OF LOCAL GOVERNMENT.—
gency with respect to the Coronavirus Dis- have the authority to issue such regulations ‘‘(i) IN GENERAL.—Not later than 30 days
ease 2019 (COVID–19) or its negative eco- as may be necessary or appropriate to carry after a State receives a payment under sub-
nomic impacts, including assistance to out this section. paragraph (B), the State shall distribute to
households, small businesses, and nonprofits, ‘‘(g) DEFINITIONS.—In this section: each nonentitlement unit of local govern-
or aid to impacted industries such as tour- ‘‘(1) COVERED PERIOD.—The term ‘covered ment in the State an amount that bears the
ism, travel, and hospitality; period’ means, with respect to a State, terri- same proportion to the amount of such pay-
‘‘(B) for the provision of government serv- tory, or Tribal government, the period that— ment as the population of the nonentitle-
ices to the extent of the reduction in revenue ‘‘(A) begins on March 3, 2021; and
ment unit of local government bears to the
of such State, territory, or Tribal govern- ‘‘(B) ends on the last day of the fiscal year
total population of all the nonentitlement
ment due to such emergency; or of such State, territory, or Tribal govern-
units of local government in the State, sub-
‘‘(C) to make necessary investments in ment in which all funds received by the
ject to clause (iii).
water, sewer, or broadband infrastructure. State, territory, or Tribal government from
‘‘(ii) DISTRIBUTION OF FUNDS.—
‘‘(2) FURTHER RESTRICTION ON USE OF a payment made under this section or a
‘‘(I) EXTENSION FOR DISTRIBUTION.—If an
FUNDS.— transfer made under section 603(c)(4) have
authorized officer of a State required to
‘‘(A) IN GENERAL.—A State or territory been expended or returned to, or recovered
make distributions under clause (i) certifies
shall not use the funds provided under this by, the Secretary.
in writing to the Secretary before the end of
section or transferred pursuant to section ‘‘(2) SECRETARY.—The term ‘Secretary’
the 30-day distribution period described in
603(c)(4) to either directly or indirectly offset means the Secretary of the Treasury.
such clause that it would constitute an ex-
a reduction in the net tax revenue of such ‘‘(3) STATE.—The term ‘State’ means each
cessive administrative burden for the State
State or territory resulting from a change in of the 50 States and the District of Columbia.
to meet the terms of such clause with re-
law, regulation, or administrative interpre- ‘‘(4) TERRITORY.—The term ‘territory’
spect to 1 or more such distributions, the au-
tation during the covered period that re- means the Commonwealth of Puerto Rico,
thorized officer may request, and the Sec-
duces any tax (by providing for a reduction the United States Virgin Islands, Guam, the
retary shall grant, an extension of such pe-
in a rate, a rebate, a deduction, a credit, or Commonwealth of the Northern Mariana Is-
riod of not more than 30 days to allow the
otherwise) or delays the imposition of any lands, and American Samoa.
State to make such distributions in accord-
tax or tax increase. ‘‘(5) TRIBAL GOVERNMENT.—The term ‘Trib-
ance with clause (i).
‘‘(B) PENSION FUNDS.—No State or territory al Government’ means the recognized gov-
‘‘(II) ADDITIONAL EXTENSIONS.—
may use funds made available under this sec- erning body of any Indian or Alaska Native
‘‘(aa) IN GENERAL.—If a State has been
tion for deposit into any pension fund. tribe, band, nation, pueblo, village, commu-
granted an extension to the distribution pe-
‘‘(3) TRANSFER AUTHORITY.—A State, terri- nity, component band, or component res-
riod under subclause (I) but is unable to
tory, or Tribal government receiving a pay- ervation, individually identified (including
make all the distributions required under
ment from funds made available under this parenthetically) in the list published most
clause (i) before the end of such period as ex-
section may transfer funds to a private non- recently as of the date of enactment of this
tended, an authorized officer of the State
profit organization (as that term is defined Act pursuant to section 104 of the Federally
may request an additional extension of the
in paragraph (17) of section 401 of the McKin- Recognized Indian Tribe List Act of 1994 (25
distribution period of not more than 30 days.
ney-Vento Homeless Assistance Act (42 U.S.C. 5131).
The Secretary may grant a request for an ad-
U.S.C. 11360(17)), a Tribal organization (as ‘‘SEC. 603. CORONAVIRUS LOCAL FISCAL RECOV-
ERY FUND. ditional extension of such period only if—
that term is defined in section 4 of the In- ‘‘(AA) the authorized officer making such
dian Self-Determination and Education As- ‘‘(a) APPROPRIATION.—In addition to
amounts otherwise available, there is appro- request provides a written plan to the Sec-
sistance Act (25 U.S.C. 5304)), a public benefit retary specifying, for each distribution for
corporation involved in the transportation of priated for fiscal year 2021, out of any money
in the Treasury not otherwise appropriated, which an additional extension is requested,
passengers or cargo, or a special-purpose when the State expects to make such dis-
$120,200,000,000, to remain available through
unit of State or local government. tribution and the actions the State has
December 31, 2024, for making payments
‘‘(d) CERTIFICATIONS AND REPORTS.— under this section to metropolitan cities, taken and will take in order to make all
‘‘(1) IN GENERAL.—In order for a State or nonentitlement units of local government, such distributions before the end of the dis-
territory to receive a payment under this and counties to mitigate the fiscal effects tribution period (as extended under sub-
section, or a transfer of funds under section stemming from the public health emergency clause (I) and this subclause); and
603(c)(4), the State or territory shall provide with respect to the Coronavirus Disease ‘‘(BB) the Secretary determines that such
the Secretary with a certification, signed by (COVID–19). plan is reasonably designed to distribute all
an authorized officer of such State or terri- ‘‘(b) AUTHORITY TO MAKE PAYMENTS.— such funds to nonentitlement units of local
tory, that such State or territory requires ‘‘(1) METROPOLITAN CITIES.— government by the end of the distribution
the payment or transfer to carry out the ac- ‘‘(A) IN GENERAL.—Of the amount appro- period (as so extended).
tivities specified in subsection (c) of this sec- priated under subsection (a), the Secretary ‘‘(bb) FURTHER ADDITIONAL EXTENSIONS.—If
tion and will use any payment under this shall reserve $42,070,000,000 to make pay- a State granted an additional extension of
section, or transfer of funds under section ments to metropolitan cities. the distribution period under item (aa) re-
603(c)(4), in compliance with subsection (c) of ‘‘(B) ALLOCATION AND PAYMENT.—From the quires any further additional extensions of
this section amount reserved under subparagraph (A), the such period, the request only may be made
‘‘(2) REPORTING.—Any State, territory, or Secretary shall allocate and, in accordance and granted subject to the requirements
Tribal government receiving a payment with paragraph (7), pay to each metropolitan specified in item (aa).
under this section shall provide to the Sec- city an amount determined for the metro- ‘‘(iii) CAPPED AMOUNT.—The total amount
retary periodic reports providing a detailed politan city consistent with the formula distributed to a nonentitlement unit of local
accounting of— under section 106(b) of the Housing and Com- government under this paragraph may not
‘‘(A) the uses of funds by such State, terri- munity Development Act of 1974 (42 U.S.C. exceed the amount equal to 75 percent of the
tory, or Tribal government, including, in the 5306(b)), except that, in applying such for- most recent budget for the nonentitlement
case of a State or a territory, all modifica- mula, the Secretary shall substitute ‘all unit of local government as of January 27,
tions to the State’s or territory’s tax rev- metropolitan cities’ for ‘all metropolitan 2020.
enue sources during the covered period; and areas’ each place it appears. ‘‘(iv) RETURN OF EXCESS AMOUNTS.—Any
‘‘(B) such other information as the Sec- ‘‘(2) NONENTITLEMENT UNITS OF LOCAL GOV- amounts not distributed to a nonentitlement
retary may require for the administration of ERNMENT.— unit of local government as a result of the
this section. ‘‘(A) IN GENERAL.—Of the amount appro- application of clause (iii) shall be returned
‘‘(e) RECOUPMENT.—Any State, territory, or priated under subsection (a), the Secretary to the Secretary.
Tribal government that has failed to comply shall reserve $18,030,000,000 to make pay- ‘‘(D) PENALTY FOR NONCOMPLIANCE.—If, by
with subsection (c) shall be required to repay ments to States for distribution by the State the end of the 120-day period that begins on
to the Secretary an amount equal to the to nonentitlement units of local government the date a State receives a payment from the
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amount of funds used in violation of such in the State. amount allocated under subparagraph (B) or,
subsection, provided that, in the case of a ‘‘(B) ALLOCATION AND PAYMENT.—From the if later, the last day of the distribution pe-
violation of subsection (c)(2)(A), the amount amount reserved under subparagraph (A), the riod for the State (as extended with respect
the State or territory shall be required to Secretary shall allocate and, in accordance to the State under subparagraph (C)(ii)),
repay shall be lesser of— with paragraph (7), pay to each State an such State has failed to make all the dis-
‘‘(1) the amount of the applicable reduction amount which bears the same proportion to tributions from such payment in accordance
to net tax revenue attributable to such vio- such reserved amount as the total popu- with the terms of subparagraph (C) (includ-
lation; and lation of all nonentitlement units of local ing any extensions of the distribution period
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S1190 CONGRESSIONAL RECORD — SENATE March 4, 2021
granted in accordance with such subpara- or county not later than 60 days after the ‘‘(2) COVERED PERIOD.—The term ‘covered
graph), an amount equal to the amount of date of enactment of this section. period’ means, with respect to a metropoli-
such payment that remains undistributed as ‘‘(B) SECOND TRANCHE AMOUNT.—The Sec- tan city, nonentitlement unit of local gov-
of such date shall be booked as a debt of such retary shall pay to each metropolitan city ernment, or county receiving funds under
State owed to the Federal Government, shall for which an amount is allocated under para- this section, the period that—
be paid back from the State’s allocation pro- graph (1), each State for which an amount is ‘‘(A) begins on March 3, 2021; and
vided under section 602(b)(3)(B)(iii), and shall allocated under paragraph (2) for distribu- ‘‘(B) ends on the last day of the fiscal year
be deposited into the general fund of the tion to nonentitlement units of local govern- of the metropolitan city, nonentitlement
Treasury. ment, and each county for which an amount unit of local government, or county in which
‘‘(3) COUNTIES.— is allocated under paragraph (3), the Second all of the funds received by the metropolitan
‘‘(A) AMOUNT.—From the amount appro- Tranche Amount for such city, State, or city, nonentitlement unit of local govern-
priated under subsection (a), the Secretary county not earlier than 12 months after the ment, or county under this section have been
shall reserve and allocate $60,100,000,000 of date on which the First Tranche Amount is expended or returned to, or recovered by, the
such amount to make payments directly to paid to the city, State, or county. Secretary.
counties in an amount which bears the same ‘‘(c) REQUIREMENTS.— ‘‘(3) FIRST TRANCHE AMOUNT.—The term
proportion to the total amount reserved ‘‘(1) USE OF FUNDS.—Subject to paragraph ‘First Tranche Amount’ means, with respect
under this paragraph as the population of (2), and except as provided in paragraphs (3) to each metropolitan city for which an
each such county bears to the total popu- and (4), a metropolitan city, nonentitlement amount is allocated under subsection (b)(1),
lation of all such entities and shall pay such unit of local government, or county shall each State for which an amount is allocated
allocated amounts to such counties in ac- only use the funds provided under a payment under subsection (b)(2) for distribution to
cordance with paragraph (7). made under this section to cover costs in- nonentitlement units of local government,
‘‘(B) SPECIAL RULES.— curred by the metropolitan city, nonentitle- and each county for which an amount is allo-
‘‘(i) URBAN COUNTIES.—No county that is an ment unit of local government, or county, by cated under subsection (b)(3), 50 percent of
‘urban county’ (as defined in section 102 of December 31, 2024— the amount so allocated to such metropoli-
the Housing and Community Development ‘‘(A) to respond to the public health emer- tan city, State, or county (as applicable).
Act of 1974 (42 U.S.C. 5302)) shall receive less gency with respect to the Coronavirus Dis- ‘‘(4) METROPOLITAN CITY.—The term ‘met-
than the amount the county would otherwise ease 2019 (COVID–19) or its negative eco- ropolitan city’ has the meaning given that
receive if the amount paid under this para- nomic impacts, including assistance to term in section 102(a)(4) of the Housing and
graph were allocated to metropolitan cities households, small businesses, and nonprofits, Community Development Act of 1974 (42
and urban counties under section 106(b) of or aid to impacted industries such as tour- U.S.C. 5302(a)(4)) and includes cities that re-
the Housing and Community Development ism, travel, and hospitality; linquish or defer their status as a metropoli-
Act of 1974 (42 U.S.C. 5306(b)). ‘‘(B) for the provision of government serv- tan city for purposes of receiving allocations
‘‘(ii) COUNTIES THAT ARE NOT UNITS OF GEN- ices to the extent of the reduction in revenue under section 106 of such Act (42 U.S.C. 5306)
ERAL LOCAL GOVERNMENT.—In the case of an of such metropolitan city, nonentitlement for fiscal year 2021.
amount to be paid to a county that is not a unit of local government, or county due to ‘‘(5) NONENTITLEMENT UNIT OF LOCAL GOV-
unit of general local government, the such emergency; or ERNMENT.—The term ‘nonentitlement unit of
amount shall instead be paid to the State in ‘‘(C) to make necessary investments in local government’ means a ‘city’, as that
which such county is located, and such State water, sewer, or broadband infrastructure. term is defined in section 102(a)(5) of the
shall distribute such amount to each unit of ‘‘(2) PENSION FUNDS.—No metropolitan Housing and Community Development Act of
general local government within such county city, nonentitlement unit of local govern- 1974 (42 U.S.C. 5302(a)(5))), that is not a met-
in an amount that bears the same proportion ment, or county may use funds made avail- ropolitan city.
to the amount to be paid to such county as able under this section for deposit into any ‘‘(6) SECOND TRANCHE AMOUNT.—The term
the population of such units of general local pension fund. ‘Second Tranche Amount’ means, with re-
government bears to the total population of ‘‘(3) TRANSFER AUTHORITY.—A metropolitan spect to each metropolitan city for which an
such county.
city, nonentitlement unit of local govern- amount is allocated under subsection (b)(1),
‘‘(iii) DISTRICT OF COLUMBIA.—For purposes
ment, or county receiving a payment from each State for which an amount is allocated
of this paragraph, the District of Columbia
funds made available under this section may under subsection (b)(2) for distribution to
shall be considered to consist of a single
transfer funds to a private nonprofit organi- nonentitlement units of local government,
county that is a unit of general local govern-
zation (as that term is defined in paragraph and each county for which an amount is allo-
ment.
(17) of section 401 of the McKinney-Vento cated under subsection (b)(3), an amount not
‘‘(4) CONSOLIDATED GOVERNMENTS.—A unit
Homeless Assistance Act (42 U.S.C. 11360(17)), to exceed 50 percent of the amount so allo-
of general local government that has formed
a public benefit corporation involved in the cated to such metropolitan city, State, or
a consolidated government, or that is geo-
graphically contained (in full or in part) transportation of passengers or cargo, or a county (as applicable).
within the boundaries of another unit of gen- special-purpose unit of State or local govern- ‘‘(7) SECRETARY.—The term ‘Secretary’
eral local government may receive a dis- ment. means the Secretary of the Treasury.
tribution under each of paragraphs (1), (2), ‘‘(4) TRANSFERS TO STATES.—Notwith- ‘‘(8) STATE.—The term ‘State’ means each
and (3), as applicable, based on the respective standing paragraph (1), a metropolitan city, of the 50 States, the District of Columbia,
formulas specified in such paragraphs. nonentitlement unit of local government, or the Commonwealth of Puerto Rico, the
‘‘(5) PRO RATA ADJUSTMENT AUTHORITY.— county receiving a payment from funds made United States Virgin Islands, Guam, the
The amounts otherwise determined for allo- available under this section may transfer Commonwealth of the Northern Mariana Is-
cation and payment under paragraphs (1), (2), such funds to the State in which such entity lands, and American Samoa.
and (3) may be adjusted by the Secretary on is located. ‘‘(9) UNIT OF GENERAL LOCAL GOVERNMENT.—
‘‘(d) REPORTING.—Any metropolitan city, The term ‘unit of general local government’
a pro rata basis to the extent necessary to
nonentitlement unit of local government, or has the meaning given that term in section
ensure that all available funds are distrib-
county receiving funds provided under a pay- 102(a)(1) of the Housing and Community De-
uted to metropolitan cities, counties, and
ment made under this section shall provide velopment Act of 1974 (42 U.S.C. 5302(a)(1)).
States in accordance with the requirements
to the Secretary periodic reports providing a
specified in each paragraph (as applicable) ‘‘SEC. 604. CORONAVIRUS CAPITAL PROJECTS
detailed accounting of the uses of such funds
and the certification requirement specified FUND.
by such metropolitan city, nonentitlement
in subsection (d). unit of local government, or county and in-
‘‘(6) POPULATION.—For purposes of deter- ‘‘(a) APPROPRIATION.—In addition to
cluding such other information as the Sec- amounts otherwise available, there is appro-
mining allocations under this section, the retary may require for the administration of
population of an entity shall be determined priated for fiscal year 2021, out of any money
this section. in the Treasury not otherwise appropriated,
based on the most recent data are available ‘‘(e) RECOUPMENT.—Any metropolitan city,
from the Bureau of the Census or, if not $10,000,000,000, to remain available until ex-
nonentitlement unit of local government, or pended, for making payments to States, ter-
available, from such other data as a State county that has failed to comply with sub-
determines appropriate. ritories, and Tribal governments to carry
section (c) shall be required to repay to the out critical capital projects directly ena-
‘‘(7) TIMING.— Secretary an amount equal to the amount of
‘‘(A) FIRST TRANCHE AMOUNT.—To the ex- bling work, education, and health moni-
funds used in violation of such subsection. toring, including remote options, in response
tent practicable, with respect to each metro-
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‘‘(f) REGULATIONS.—The Secretary shall
politan city for which an amount is allocated to the public health emergency with respect
have the authority to issue such regulations
under paragraph (1), each State for which an to the Coronavirus Disease (COVID–19).
as may be necessary or appropriate to carry
amount is allocated under paragraph (2) for out this section. ‘‘(b) PAYMENTS TO EACH OF THE 50 STATES
distribution to nonentitlement units of local ‘‘(g) DEFINITIONS.—In this section: AND THE DISTRICT OF COLUMBIA.—
government, and each county for which an ‘‘(1) COUNTY.—The term ‘county’ means a ‘‘(1) MINIMUM AMOUNTS.—From the amount
amount is allocated under paragraph (3), the county, parish, or other equivalent county appropriated under subsection (a)—
Secretary shall pay from such allocation the division (as defined by the Bureau of the ‘‘(A) the Secretary shall pay $100,000,000 to
First Tranche Amount for such city, State, Census). each State;
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March 4, 2021 CONGRESSIONAL RECORD — SENATE S1191
‘‘(B) the Secretary shall pay $100,000,000 to sentence shall remain available until ex- equipment and testing supplies, providing for
the Commonwealth of Puerto Rico and pended. increased workforce and training, including
$100,000,000 to the District of Columbia; ‘‘(b) SPECIAL RULE REGARDING PARENT OR- maintaining staff, obtaining additional staff,
‘‘(C) the Secretary shall pay $100,000,000 of GANIZATIONS.—In the case of any payment or both, the operation of an emergency oper-
such amount in equal shares to the United made under this section to an eligible health ation center, retrofitting a facility, pro-
States Virgin Islands, Guam, American care provider, but which is received by a par- viding for surge capacity, and other expenses
Samoa, the Commonwealth of the Northern ent organization of such provider, such par- determined appropriate by the Secretary.
Mariana Islands, the Republic of the Mar- ent organization shall allocate all of such ‘‘(3) LOST REVENUE ATTRIBUTABLE TO COVID–
shall Islands, the Federated States of Micro- payment to such provider. 19.—The term ‘lost revenue attributable to
nesia, and the Republic of Palau; and ‘‘(c) APPLICATION REQUIREMENT.—To be eli- COVID–19’ has the meaning given that term
‘‘(D) the Secretary shall pay $100,000,000 of gible for a payment under this section, an el- in the Frequently Asked Questions guidance
such amount to Tribal governments and the igible health care provider shall submit to released by the Department of Health and
State of Hawaii (in addition to the amount the Secretary an application in such form Human Services in June 2020, including the
paid to the State of Hawaii under subpara- and manner as the Secretary shall prescribe. difference between such provider’s budgeted
graph (A)), of which— Such application shall contain the following: and actual revenue if such budget had been
‘‘(i) not less than $50,000 shall be paid to ‘‘(1) A statement justifying the need of the established and approved prior to March 27,
each Tribal government; and provider for the payment, including docu- 2020.
‘‘(ii) not less than $50,000 shall be paid to mentation of the health care related ex- ‘‘(4) PAYMENT.— The term ‘payment’ in-
the State of Hawaii for the exclusive use of penses attributable to COVID–19 and lost cludes, as determined appropriate by the
the Department of Hawaiian Home Lands revenues attributable to COVID–19. Secretary, a pre-payment, a prospective pay-
and the Native Hawaiian Education Pro- ‘‘(2) The tax identification number of the ment, a retrospective payment, or a payment
grams to assist Native Hawaiians in accord- provider. through a grant or other mechanism.
ance with this section. ‘‘(3) Such assurances as the Secretary de- ‘‘(5) RURAL AREA.—The term ‘rural area’
‘‘(2) REMAINING AMOUNTS.— termines appropriate that the eligible health means—
‘‘(A) IN GENERAL.—From the amount of the care provider will maintain and make avail- ‘‘(A) a rural area (as defined in section
appropriation under subsection (a) that re- able such documentation and submit such re- 1886(d)(2)(D)); or
mains after the application of paragraph (1), ports (at such time, in such form, and con- ‘‘(B) any other rural area (as defined by the
the Secretary shall make payments to taining such information as the Secretary Secretary).’’.
States based on population such that— shall prescribe) as the Secretary determines SEC. 9912. EXTENSION OF CUSTOMS USER FEES.
‘‘(i) 50 percent of such amount shall be al- is necessary to ensure compliance with any
(a) IN GENERAL.—Section 13031(j)(3) of the
located among the States based on the pro- conditions imposed by the Secretary under
Consolidated Omnibus Budget Reconciliation
portion that the population of each State this section.
Act of 1985 (19 U.S.C. 58c(j)(3)) is amended—
bears to the population of all States; ‘‘(4) Any other information determined ap-
(1) in subparagraph (A), by striking ‘‘Octo-
‘‘(ii) 25 percent of such amount shall be al- propriate by the Secretary.
‘‘(d) LIMITATION.—Payments made to an el- ber 21, 2029’’ and inserting ‘‘September 30,
located among the States based on the pro- 2030’’; and
igible health care provider under this section
portion that the number of individuals living (2) in subparagraph (B)(i), by striking ‘‘Oc-
may not be used to reimburse any expense or
in rural areas in each State bears to the tober 21, 2029’’ and inserting ‘‘September 30,
loss that—
number of individuals living in rural areas in 2030’’.
‘‘(1) has been reimbursed from another
all States; and (b) RATE FOR MERCHANDISE PROCESSING
source; or
‘‘(iii) 25 percent of such amount shall be al- FEES.—Section 503 of the United States-
‘‘(2) another source is obligated to reim-
located among the States based on the pro- Korea Free Trade Agreement Implementa-
burse.
portion that the number of individuals with ‘‘(e) APPLICATION OF REQUIREMENTS, RULES, tion Act (Public Law 112–41; 19 U.S.C. 3805
a household income that is below 150 percent AND PROCEDURES.—The Secretary shall apply
note) is amended by striking ‘‘October 21,
of the poverty line applicable to a family of any requirements, rules, or procedures as the 2029’’ and inserting ‘‘September 30, 2030’’.
the size involved in each State bears to the Secretary deems appropriate for the efficient TITLE X—COMMITTEE ON FOREIGN
number of such individuals in all States. execution of this section. RELATIONS
‘‘(B) DATA.—In determining the allocations ‘‘(f) DEFINITIONS.—In this section: SEC. 10001. DEPARTMENT OF STATE OPER-
to be made to each State under subparagraph ‘‘(1) ELIGIBLE HEALTH CARE PROVIDER.—The ATIONS.
(A), the Secretary of the Treasury shall use term ‘eligible health care provider’ means— In addition to amounts otherwise avail-
the most recent data available from the Bu- ‘‘(A) a provider of services (as defined in able, there is authorized and appropriated to
reau of the Census. section 1861(u)) or a supplier (as defined in the Secretary of State for fiscal year 2021,
‘‘(c) TIMING.—The Secretary shall establish section 1861(d)) that— out of any money in the Treasury not other-
a process of applying for grants to access ‘‘(i) is enrolled in the Medicare program wise appropriated, $204,000,000, to remain
funding made available under section (b) not under title XVIII under section 1866(j), in- available until September 30, 2022, for nec-
later than 60 days after enactment of this cluding temporarily enrolled during the essary expenses of the Department of State
section. emergency period described in section to carry out the authorities, functions, du-
‘‘(d) DEFINITIONS.—In this section: 1135(g)(1)(B) for such period; ties, and responsibilities in the conduct of
‘‘(1) SECRETARY.—The term ‘Secretary’ ‘‘(ii) provides diagnoses, testing, or care for the foreign affairs of the United States, to
means the Secretary of the Treasury. individuals with possible or actual cases of prevent, prepare for, and respond to
‘‘(2) STATE.—The term ‘State’ means 1 of COVID–19; and coronavirus domestically or internationally,
the 50 States. ‘‘(iii) is located in a rural area or treated which shall include maintaining Department
‘‘(3) TRIBAL GOVERNMENT.—The term ‘Trib- as located in a rural area pursuant to section of State operations.
al government’ has the meaning given such 1886(d)(8)(E); or SEC. 10002. UNITED STATES AGENCY FOR INTER-
term in section 603(g).’’. ‘‘(B) a provider or supplier that— NATIONAL DEVELOPMENT OPER-
(b) CONFORMING AMENDMENT.—The heading ‘‘(i) is enrolled with a State Medicaid plan ATIONS.
for title VI of the Social Security Act (42 under title XIX (or a waiver of such plan) in In addition to amounts otherwise avail-
U.S.C. 801 et seq.) is amended by striking accordance with subsections (a)(77) and (kk) able, there is authorized and appropriated to
‘‘FUND’’ and inserting ‘‘, FISCAL RECOV- of section 1902 (including enrolled pursuant the Administrator of the United States
ERY, AND CRITICAL CAPITAL PROJECTS to section 1902(a)(78) or section 1932(d)(6)) or Agency for International Development for
FUNDS’’. enrolled with a State child health plan under fiscal year 2021, out of any money in the
Subtitle N—Other Provisions title XXI (or a waiver of such plan) in ac- Treasury not otherwise appropriated,
SEC. 9911. FUNDING FOR PROVIDERS RELATING cordance with subparagraph (G) of section $41,000,000, to remain available until Sep-
TO COVID–19. 2107(e)(1) (including enrolled pursuant to sub- tember 30, 2022, to carry out the provisions of
Part A of title XI of the Social Security paragraph (D) or (Q) of such section); section 667 of the Foreign Assistance Act of
Act (42 U.S.C. 1301 et seq.) is amended by ‘‘(ii) provides diagnoses, testing, or care for 1961 (22 U.S.C. 2427) for necessary expenses of
adding at the end the following: individuals with possible or actual cases of the United States Agency for International
‘‘SEC. 1150C. FUNDING FOR PROVIDERS RELAT- COVID–19; and Development to prevent, prepare for, and re-
ING TO COVID–19. ‘‘(iii) is located in a rural area. spond to coronavirus domestically or inter-
‘‘(a) FUNDING.—In addition to amounts oth- ‘‘(2) HEALTH CARE RELATED EXPENSES AT- nationally, and for other operations and
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erwise available, there is appropriated to the TRIBUTABLE TO COVID–19.—The term ‘health maintenance requirements related to
Secretary, for fiscal year 2021, out of any care related expenses attributable to COVID– coronavirus.
monies in the Treasury not otherwise appro- 19’ means health care related expenses to SEC. 10003. GLOBAL RESPONSE.
priated, $8,500,000,000 for purposes of making prevent, prepare for, and respond to COVID– (a) IN GENERAL.—In addition to amounts
payments to eligible health care providers 19, including the building or construction of otherwise available, there is authorized and
for health care related expenses and lost rev- a temporary structure, the leasing of a prop- appropriated to the Secretary of State for
enues that are attributable to COVID–19. erty, the purchase of medical supplies and fiscal year 2021, out of any money in the
Amounts appropriated under the preceding equipment, including personal protective Treasury not otherwise appropriated,
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S1192 CONGRESSIONAL RECORD — SENATE March 4, 2021
$8,675,000,000, to remain available until Sep- TITLE XI—COMMITTEE ON INDIAN either directly or through reimbursement,
tember 30, 2022, for necessary expenses to AFFAIRS for obligations for the purposes specified in
carry out the provisions of section 531 of SEC. 11001. INDIAN HEALTH SERVICE. this section that were incurred to prevent,
chapter 4 of part II of the Foreign Assistance (a) In addition to amounts otherwise avail- prepare for, and respond to COVID–19 during
Act of 1961 (22 U.S.C. 2346) as health pro- able, there is appropriated to the Secretary the period beginning on the date on which
grams to prevent, prepare for, and respond to of Health and Human Services (in this sec- the public health emergency was declared by
coronavirus, which shall include recovery tion referred to as the ‘‘Secretary’’) for fiscal the Secretary on January 31, 2020, pursuant
from the impacts of such virus and shall be year 2021, out of any money in the Treasury to section 319 of the Public Health Service
allocated as follows— not otherwise appropriated, $6,094,000,000, to Act (42 U.S.C. 247d) with respect to COVID–19
(1) $905,000,000 to be made available to the remain available until expended, of which— and ending on the date of the enactment of
United States Agency for International De- (1) $5,484,000,000 shall be for carrying out this Act.
velopment for global health activities to pre- the Act of August 5, 1954 (42 U.S.C. 2001 et (c) Funds made available under subsection
vent, prepare for, and respond to seq.) (commonly referred to as the Transfer (a) to Tribes and Tribal organizations under
coronavirus, which shall include a contribu- Act), the Indian Self-Determination and the Indian Self-Determination and Edu-
tion to a multilateral vaccine development Education Assistance Act (25 U.S.C. 5301 et cation Assistance Act (25 U.S.C. 5301 et seq.)
partnership to support epidemic prepared- seq.), the Indian Health Care Improvement shall be available on a one-time basis. Such
ness; Act (25 U.S.C. 1601 et seq.), and titles II and non-recurring funds shall not be part of the
(2) $3,750,000,000 to be made available to the III of the Public Health Service Act (42 amount required by section 106 of the Indian
Department of State to support programs for U.S.C. 201 et seq. and 241 et seq.) with respect Self-Determination and Education Assist-
the prevention, treatment, and control of to the Indian Health Service, of which— ance Act (25 U.S.C. 5325), and such funds
HIV/AIDS in order to prevent, prepare for, (A) $2,000,000,000 shall be for lost reim- shall only be used for the purposes identified
and respond to coronavirus, including to bursements, in accordance with section 207 in this section.
mitigate the impact on such programs from of the Indian Health Care Improvement Act SEC. 11002. BUREAU OF INDIAN AFFAIRS.
coronavirus and support recovery from the (25 U.S.C. 1621f); (a) IN GENERAL.—In addition to amounts
impacts of the coronavirus, of which not less (B) $500,000,000 shall be for the provision of otherwise made available, there is appro-
than $3,500,000,000 shall be for a United additional health care services, services pro- priated for fiscal year 2021, out of any money
States contribution to the Global Fund to vided through the Purchased/Referred Care in the Treasury not otherwise appropriated,
Fight AIDS, Tuberculosis and Malaria; program, and other related activities; $900,000,000 to remain available until ex-
(3) $3,090,000,000 to be made available to the (C) $140,000,000 shall be for information pended, pursuant to the Snyder Act (25
United States Agency for International De- technology, telehealth infrastructure, and U.S.C. 13), of which—
velopment to prevent, prepare for, and re- the Indian Health Service electronic health (1) $100,000,000 shall be for Tribal housing
spond to coronavirus, which shall include records system; improvement;
support for international disaster relief, re- (D) $84,000,000 shall be for maintaining op- (2) $772,500,000 shall be for Tribal govern-
habilitation, and reconstruction, for health erations of the Urban Indian health program, ment services, public safety and justice, so-
activities, and to meet emergency food secu- which shall be in addition to other amounts cial services, child welfare assistance, and
rity needs; and made available under this subsection for for other related expenses;
(4) $930,000,000 to be made available to pre- Urban Indian organizations (as defined in (3) $7,500,000 shall be for related Federal ad-
vent, prepare for, and respond to section 4 of the Indian Health Care Improve- ministrative costs and oversight; and
coronavirus, which shall include activities to ment Act (25 U.S.C. 1603)); (4) $20,000,000 shall be to provide and de-
address economic and stabilization require- (E) $600,000,000 shall be for necessary ex- liver potable water.
ments resulting from such virus. penses to plan, prepare for, promote, dis- (b) EXCLUSIONS FROM CALCULATION.—Funds
(b) WAIVER OF LIMITATION.—Any contribu- tribute, administer, and track COVID–19 vac- appropriated under subsection (a) shall be
tion to the Global Fund to Fight AIDS, Tu- cines, for the purposes described in subpara- excluded from the calculation of funds re-
berculosis and Malaria made pursuant to graphs (F) and (G), and for other vaccine-re- ceived by those Tribal governments that par-
subsection (a)(2) shall be made available not- lated activities; ticipate in the ‘‘Small and Needy’ ’’ program.
withstanding section 202(d)(4)(A)(i) of the (F) $1,500,000,000 shall be for necessary ex- (c) ONE-TIME BASIS FUNDS.—Funds made
United States Leadership Against HIV/AIDS, penses to detect, diagnose, trace, and mon- available under subsection (a) to Tribes and
Tuberculosis, and Malaria Act of 2003 (22 itor COVID–19 infections, activities nec- Tribal organizations under the Indian Self-
U.S.C. 7622(d)(4)(A)(i)), and such contribution essary to mitigate the spread of COVID–19, Determination and Education Assistance Act
shall not be considered a contribution for the supplies necessary for such activities, for the (25 U.S.C. 5301 et seq.) shall be available on a
purpose of applying such section purposes described in subparagraphs (E) and one-time basis. Such non-recurring funds
202(d)(4)(A)(i). (G), and for other related activities; shall not be part of the amount required by
(G) $240,000,000 shall be for necessary ex- section 106 of the Indian Self-Determination
SEC. 10004. HUMANITARIAN RESPONSE.
penses to establish, expand, and sustain a and Education Assistance Act (25 U.S.C.
(a) IN GENERAL.—In addition to amounts public health workforce to prevent, prepare 5325), and such funds shall only be used for
otherwise available, there is authorized and for, and respond to COVID–19, other public the purposes identified in this section.
appropriated to the Secretary of State for health workforce-related activities, for the SEC. 11003. HOUSING ASSISTANCE AND SUP-
fiscal year 2021, out of any money in the purposes described in subparagraphs (E) and PORTIVE SERVICES PROGRAMS FOR
Treasury not otherwise appropriated, (F), and for other related activities; and NATIVE AMERICANS.
$500,000,000, to remain available until Sep- (H) $420,000,000 shall be for necessary ex- (a) APPROPRIATION.—In addition to
tember 30, 2022, to carry out the provisions of penses related to mental health and sub- amounts otherwise available, there is appro-
section 2(a) and (b) of the Migration and Ref- stance use prevention and treatment serv- priated to the Secretary of Housing and
ugee Assistance Act of 1962 (22 U.S.C. 2601(a) ices, for the purposes described in subpara- Urban Development (in this section referred
and (b)) to prevent, prepare for, and respond graph (C) and paragraph (2) as related to to as the ‘‘Secretary’’) for fiscal year 2021,
to coronavirus. mental health and substance use prevention out of any money in the Treasury not other-
(b) USE OF FUNDS.—Funds appropriated and treatment services, and for other related wise appropriated, $750,000,000, to remain
pursuant to this section shall not be made activities; available until September 30, 2025, to pre-
available for the costs of resettling refugees (2) $600,000,000 shall be for the lease, pur- vent, prepare for, and respond to
in the United States. chase, construction, alteration, renovation, coronavirus, for activities and assistance au-
or equipping of health facilities to respond to thorized under title I of the Native American
SEC. 10005. MULTILATERAL ASSISTANCE.
COVID–19, and for maintenance and improve- Housing Assistance and Self-Determination
In addition to amounts otherwise avail- ment projects necessary to respond to Act of 1996 (NAHASDA) (25 U.S.C. 4111 et
able, there is authorized and appropriated to COVID–19 under section 7 of the Act of Au- seq.), under title VIII of NAHASDA (25 U.S.C.
the Secretary of State for fiscal year 2021, gust 5, 1954 (42 U.S.C. 2004a), the Indian Self- 4221 et seq.), and under section 106(a)(1) of
out of any money in the Treasury not other- Determination and Education Assistance Act the Housing and Community Development
wise appropriated, $580,000,000, to remain (25 U.S.C. 5301 et seq.), the Indian Health Act of 1974 with respect to Indian tribes (42
available until September 30, 2022, to carry Care Improvement Act (25 U.S.C. 1601 et U.S.C. 5306(a)(1)), which shall be made avail-
out the provisions of section 301(a) of the seq.), and titles II and III of the Public able as follows:
Foreign Assistance Act of 1961 (22 U.S.C. Health Service Act (42 U.S.C. 202 et seq.) (1) HOUSING BLOCK GRANTS.—$455,000,000
SSpencer on DSK126QN23PROD with SENATE
2221(a)) to prevent, prepare for, and respond with respect to the Indian Health Service; shall be available for the Native American
to coronavirus, which shall include support and Housing Block Grants and Native Hawaiian
for the priorities and objectives of the (3) $10,000,000 shall be for carrying out sec- Housing Block Grant programs, as author-
United Nations Global Humanitarian Re- tion 7 of the Act of August 5, 1954 (42 U.S.C. ized under titles I and VIII of NAHASDA,
sponse Plan COVID–19 through voluntary 2004a) for expenses relating to potable water subject to the following terms and condi-
contributions to international organizations delivery. tions:
and programs administered by such organi- (b) Funds appropriated by subsection (a) (A) FORMULA.—Of the amounts made avail-
zations. shall be made available to restore amounts, able under this paragraph, $450,000,000 shall
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March 4, 2021 CONGRESSIONAL RECORD — SENATE S1193
be for grants under title I of NAHASDA and (3) TECHNICAL ASSISTANCE.—$10,000,000 shall Education Act of 1965 of 1965 (20 U.S.C.
shall be distributed according to the same be used to make new awards or increase 7544(a)(1)) for activities authorized under sec-
funding formula used in fiscal year 2021. prior awards to existing technical assistance tion 6304(a)(2-3) of the Elementary and Sec-
(B) NATIVE HAWAIIANS.—Of the amounts providers to provide an immediate increase ondary Education Act of 1965 (20 U.S.C.
made available under this paragraph, in training and technical assistance to In- 7544(a)(2-3)) and other related activities.
$5,000,000 shall be for grants under title VIII dian tribes, Indian housing authorities, trib-
of NAHASDA. ally designated housing entities, and recipi- SA 892. Mr. HAGERTY submitted an
(C) USE.—Amounts made available under ents under title VIII of NAHASDA for activi- amendment intended to be proposed to
this paragraph shall be used by recipients to ties under this section. amendment SA 891 proposed by Mr.
prevent, prepare for, and respond to (4) OTHER COSTS.—$5,000,000 shall be used SCHUMER to the bill H.R. 1319, to pro-
coronavirus, including to maintain normal for the administrative costs to oversee and vide for reconciliation pursuant to title
operations and fund eligible affordable hous- administer the implementation of this sec-
tion, and pay for associated information
II of S. Con. Res. 5; which was ordered
ing activities under NAHASDA during the
technology, financial reporting, and other to lie on the table; as follows:
period that the program is impacted by
coronavirus. In addition, amounts made costs. Strike subtitle D of title III.
available under subparagraph (B) may be SEC. 11004. COVID–19 RESPONSE RESOURCES FOR
used to provide rental assistance to eligible THE PRESERVATION AND MAINTE- SA 893. Mr. HAGERTY submitted an
Native Hawaiian families both on and off the
NANCE OF NATIVE AMERICAN LAN- amendment intended to be proposed to
GUAGES. amendment SA 891 proposed by Mr.
Hawaiian Home Lands.
(a) Section 816 of the Native American Pro- SCHUMER to the bill H.R. 1319, to pro-
(D) TIMING OF OBLIGATIONS.—Amounts grams Act of 1974 (42 U.S.C. 2992d) is amend-
made available under this paragraph shall be ed by adding at the end the following:
vide for reconciliation pursuant to title
used, as necessary, to cover or reimburse al- ‘‘(f) In addition to amounts otherwise II of S. Con. Res. 5; which was ordered
lowable costs to prevent, prepare for, and re- available, there is appropriated for fiscal to lie on the table; as follows:
spond to coronavirus that are incurred by a year 2021, out of any money in the Treasury Strike section 7101.
recipient, including for costs incurred after not otherwise appropriated, $20,000,000 to re-
January 21, 2020. main available until expended, to carry out SA 894. Mr. HAGERTY submitted an
(E) WAIVERS OR ALTERNATIVE REQUIRE- section 803C(g) of this Act.’’. amendment intended to be proposed to
MENTS.—The Secretary may waive or specify (b) Section 803C of the Native American
alternative requirements for any provision of
amendment SA 891 proposed by Mr.
Programs Act of 1974 (42 U.S.C. 2991b-3) is
NAHASDA (25 U.S.C. 4101 et seq.) or regula- SCHUMER to the bill H.R. 1319, to pro-
amended by adding at the end the following:
tion applicable to the Native American ‘‘(g) EMERGENCY GRANTS FOR NATIVE AMER- vide for reconciliation pursuant to title
Housing Block Grants or Native Hawaiian ICAN LANGUAGE PRESERVATION AND MAINTE- II of S. Con. Res. 5; which was ordered
Housing Block Grant program other than re- NANCE.—Not later than 180 days after the ef- to lie on the table; as follows:
quirements related to fair housing, non- fective date of this subsection, the Secretary Strike section 1106.
discrimination, labor standards, and the en- shall award grants to entities eligible to re-
vironment, upon a finding that the waiver or ceive assistance under subsection (a)(1) to SA 895. Mr. HAGERTY submitted an
alternative requirement is necessary to ex- ensure the survival and continuing vitality amendment intended to be proposed to
pedite or facilitate the use of amounts made of Native American languages during and amendment SA 891 proposed by Mr.
available under this paragraph. after the public health emergency declared
(F) UNOBLIGATED AMOUNTS.—Amounts
SCHUMER to the bill H.R. 1319, to pro-
by the Secretary pursuant to section 319 of
made available under this paragraph which the Public Health Service Act (42 U.S.C.
vide for reconciliation pursuant to title
are not accepted, are voluntarily returned, 247d) with respect to the COVID–19 pan- II of S. Con. Res. 5; which was ordered
or otherwise recaptured for any reason shall demic.’’. to lie on the table; as follows:
be used to fund grants under paragraph (2). SEC. 11005. BUREAU OF INDIAN EDUCATION. In section 1106 of the amendment, strike
(2) INDIAN COMMUNITY DEVELOPMENT BLOCK In addition to amounts otherwise avail- ‘‘carry out’’ and all that follows through the
GRANTS.—$280,000,000 shall be available for able, there is appropriated to the Bureau of period at the end and insert ‘‘provide assist-
grants under title I of the Housing and Com- Indian Education for fiscal year 2021, out of ance to women, children, and infants under
munity Development Act of 1974, subject to any money in the Treasury not otherwise ap- the special supplemental nutrition program
the following terms and conditions: propriated, $850,000,000, to remain available for women, infants, and children established
(A) USE.—Amounts made available under until expended, to be allocated by the Direc- under section 17 of the Child Nutrition Act of
this paragraph shall be used, without com- tor of the Bureau of Indian Education not 1966 (7 U.S.C. 1431).’’.
petition, for emergencies that constitute im- more than 45 calendar days after the date of
minent threats to health and safety and are enactment of this Act, for programs or ac- SA 896. Mr. HAGERTY submitted an
designed to prevent, prepare for, and respond tivities operated or funded by the Bureau of amendment intended to be proposed to
to coronavirus. Indian Education, for Bureau-funded schools amendment SA 891 proposed by Mr.
(B) PLANNING.—Not to exceed 20 percent of (as defined in section 1141(3) of the Education SCHUMER to the bill H.R. 1319, to pro-
any grant made with funds made available Amendments of 1978 (25 U.S.C. 2021(3)), and
under this paragraph shall be expended for
vide for reconciliation pursuant to title
for Tribal Colleges or Universities (as de-
planning and management development and II of S. Con. Res. 5; which was ordered
fined in section 316(b)(3) of the Higher Edu-
administration. cation Act of 1965 (20 U.S.C. 1059c(b)(3))). to lie on the table; as follows:
(C) TIMING OF OBLIGATIONS.—Amounts SEC. 11006. AMERICAN INDIAN, NATIVE HAWAI- Strike section 2605 of the amendment.
made available under this paragraph shall be IAN, AND ALASKA NATIVE EDU-
used, as necessary, to cover or reimburse al- CATION. SA 897. Mr. HAGERTY submitted an
lowable costs to prevent, prepare for, and re- In addition to amounts otherwise avail- amendment intended to be proposed to
spond to coronavirus incurred by a recipient, able, there is appropriated to the Depart- amendment SA 891 proposed by Mr.
including for costs incurred after January 21, ment of Education for fiscal year 2021, out of SCHUMER to the bill H.R. 1319, to pro-
2020. any money in the Treasury not otherwise ap- vide for reconciliation pursuant to title
(D) INAPPLICABILITY OF PUBLIC SERVICES propriated, $190,000,000, to remain available
CAP.—Indian tribes may use up to 100 percent until expended, for awards, which shall be
II of S. Con. Res. 5; which was ordered
of any grant from amounts made available determined by the Secretary of Education to lie on the table; as follows:
under this paragraph for public services ac- not more than 180 calendar days after the Strike section 2605 and insert the fol-
tivities to prevent, prepare for, and respond date of enactment of this Act, of which— lowing:
to coronavirus. (1) $20,000,000 shall be for awards for Tribal SEC. 2605. ADDITIONAL FUNDING FOR YOUTH
(E) WAIVERS OR ALTERNATIVE REQUIRE- education agencies for activities authorized SUICIDE PREVENTION.
MENTS.—The Secretary may waive or specify under section 6121(c) of the Elementary and In addition to amounts otherwise avail-
alternative requirements for any provision of Secondary Education Act of 1965 (20 U.S.C. able, including amounts otherwise made
title I of the Housing and Community Devel- 7441(c)); available under this title, there is appro-
opment Act of 1974 (42 U.S.C. 5301 et seq.) or (2) $85,000,000 shall be for awards to entities priated to the Secretary for fiscal year 2021,
regulation applicable to the Indian Commu- eligible to receive grants under section out of any money in the Treasury not other-
SSpencer on DSK126QN23PROD with SENATE
nity Development Block Grant program 6205(a)(1) of the Elementary and Secondary wise appropriated, $50,000,000, to remain
other than requirements related to fair hous- Education Act of 1965 (20 U.S.C. 7515(a)(1)) for available until expended, for carrying out
ing, nondiscrimination, labor standards, and activities authorized under section 6205(a)(3) sections 520E and 520E–2 of the Public Health
the environment, upon a finding that the of the Elementary and Secondary Education Service Act (42 U.S.C. 290bb–36, 290bb–36b).
waiver or alternative requirement is nec- Act of 1965 (20 U.S.C. 7515(a)(3)); and
essary to expedite or facilitate the use of (3) $85,000,000 shall be for awards to entities SA 898. Mr. HAGERTY submitted an
amounts made available under this para- eligible to receive grants under section amendment intended to be proposed to
graph. 6304(a)(1) of the Elementary and Secondary amendment SA 891 proposed by Mr.
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