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Congressional Record — Senate, S1128 (March 4, 2021)

Summary

Page S1128 of the Senate section of the Congressional Record for March 4, 2021, listing amendments to the Schumer substitute amendment for H.R. 1319, in interleaved columns. Mrs. Blackburn submits SA 999 and another amendment, each ordered to lie on the table. The page also prints the substitute's table of contents, including title II with education matters such as the Elementary and Secondary School Emergency Relief Fund, higher education relief, Gallaudet University and Howard University, and a subtitle on mental health and substance use disorder funding. Tax text on joint return requirements and a partner's distributive share closes the page.

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“Congressional Record — Senate, S1128 (March 4, 2021).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-03-04-crec-2021-03-04-pt1-pgs1128-c3069c357d/, SHA-256 9cef3754bf53814543e5176df4d31259198bff60fb5c0a6884b1e9a5e3f9dbeb.

Full text

                                               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-




SSpencer on DSK126QN23PROD with SENATE
                                               propriated, $19,250,000, to remain available            manities Act of 1965, as follows:                      cated as follows:
                                               through September 30, 2023, for the National              (1) Forty percent shall be for grants, and             (1) Not less than $100,000,000 shall be for the
                                               Technical Institute for the Deaf to prevent,            relevant administrative expenses, to State             Occupational Safety and Health Administra-
                                               prepare for, and respond to coronavirus, in-            arts agencies and regional arts organizations          tion, of which $10,000,000 shall be for Susan
                                               cluding to defray expenses associated with              that support organizations’ programming                Harwood training grants and not less than
                                               coronavirus (including lost revenue, reim-              and general operating expenses to cover up             $5,000,000 shall be for enforcement activities
                                               bursement for expenses already incurred,                to 100 percent of the costs of the programs            related to COVID–19 at high risk workplaces
                                               technology costs associated with a transi-              which the grants support, to prevent, prepare          including health care, meat and poultry




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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




SSpencer on DSK126QN23PROD with SENATE
                                               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-




SSpencer on DSK126QN23PROD with SENATE
                                               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




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                                               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




SSpencer on DSK126QN23PROD with SENATE
                                                  ‘‘(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




SSpencer on DSK126QN23PROD with SENATE
                                               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




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                                                                                                                                                              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




SSpencer on DSK126QN23PROD with SENATE
                                                 ‘‘(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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